text:
Lushmeadows Assn. v. Taggs
Lushmeadows Assn
Lushmeadows Assn. v. Taggs
Filed 8/3/10 Lushmeadows Assn.
v. Taggs CA5
California Rules of Court, rule 8.1115(a), prohibits
courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115
Plaintiff and
EUGENE TAGGS et al.,
Defendants and
and F057815
Ct. Nos. 9018 and 9070)
APPEAL from
judgments of the Superior Court of Mariposa
County. Terry K. Cole, Judge. (Retired judge of the Stanislaus Sup. Ct.
assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.)
& Chappel, Gregory M. Chappel, and Nanette Beaumont for Defendants and
Law Offices
of Ann Rankin and Ann Rankin for Plaintiff and Respondent.
Developer Decker Enterprises
(Decker) created Lushmeadows Mountain Estates (LME) in four phases between 1962
and 1964. All LME lots were encumbered
with recorded covenants, conditions, and restrictions (CC&Rs). Those CC&Rs primarily consisted of use
restrictions and architectural covenants and provided that the CC&Rs could
be amended by a vote of the majority of the then-owners of the lots. The original CC&Rs did not create a
homeowners association or establish assessments for maintenance of common
In 1963, Decker incorporated the
nonprofit Lushmeadows Association (LMA) and charged the corporation with
acquiring, improving, and maintaining common areas of real property for park,
playground, recreational, and club house purposes. In 1966, Decker deeded the common areas of
LME, approximately 15 acres, to LMA. LMA
membership was voluntary between 1963 and 1990 and the LMA had a right to levy
assessments against owner-members but not LME property owners who were
Appellants purchased their LME lots
before 1990 and were not members of LMA.
In 1990, the LME owners amended the CC&Rs by a majority vote of lot
owners. The amendments made LMA
membership mandatory for persons acquiring LME lots after July 1, 1990. In 2003, the LME owners again amended the
CC&Rs by majority vote and made LMA membership mandatory for all owners,
regardless of the date of acquisition of their lots. The 2003 amendments also required all lot
owners to pay annual assessments.
Appellants unsuccessfully challenged the amended CC&Rs in superior
court. They now appeal on a variety of
grounds, essentially maintaining the LMA could not amend and expand the
CC&Rs to provide for mandatory membership in LMA and to transform the LME
subdivision into a common interest development under California law. We affirm.
On November 29, 2006, respondent
Lushmeadows Association, Inc. (LMA), a California nonprofit mutual benefit
corporation, filed a complaint for declaratory relief (No. 9018) in Mariposa
County Superior Court. LMA named
appellant Eugene Taggs and 200 Does as defendants, alleged the defendants were
obligated to pay assessments as property owners within the Lushmeadows Mountain
Estates planned development (LME), and prayed for a judicial determination of
the rights and duties of the parties, including a declaration as to the
membership responsibilities of the appellants and the right of LMA to levy
On January 22, 2007, appellant
Taggs filed an answer generally denying the material allegations of the
complaint (Code Civ. Proc., § 431.30) and a cross-complaint for
declaratory relief. The cross-complaint
alleged LMA was not a legally valid homeowners' association for the underlying
properties and had no right to create, enforce, or collect property assessments. On January 30, 2007, LMA filed an answer
generally denying the material allegations of the cross-complaint and setting
forth 11 affirmative defenses.
On March
20, 2007, appellants Cecilia Wray, Jeffrey Whalley, and Mary Whalley filed a
verified complaint (No. 9070) against LMA for declaratory relief, slander of title,
and cancellation of cloud on title. Wray
and the Whalleys alleged they were property owners in LME and prayed for a
declaration, among other things, that LMA was not a validly-created homeowners'
association for their properties and had no authority to impose
On March
27, 2007, the court filed an order on stipulation to consolidate case Nos. 9018
and 9070, with all subsequent papers, orders, and judgments to be filed under
the latter docket number.
On April
23, 2007, LMA filed an answer generally denying the material allegations of the
Wray/Whalley complaint and a cross-complaint against Wray and the Whalleys for
declaratory relief and monetary damages.
On June 27,
2008, counsel for appellants advised the superior court of the passing of
Cecilia Wray and substituted "NORMAN WRAY as Successor Trustee of The Robert H.
Wray and Cecilia K. Wray Trust Dated September 5, 1995" in her place and stead
in the first amended complaint and in the answer to LMA's first amended
September 8, 2008, bench trial commenced.
On October
17, 2008, Judge Cole filed a written decision in favor of respondent. The court specifically: (1) issued a
declaratory judgment that the amended CC&Rs of LME, recorded on December
10, 2003, constituted valid and binding equitable servitudes running in the
chain of title and binding the subject real property; (2) held all LME property
owners belong to LMA and are required to pay dues, assessments, and other legal
obligations to the LMA; (3) held appellant Taggs owed $814.38 in delinquent
assessments and late charges as of May 1, 2008; (4) held appellant Wray owed
$532.50 in delinquent assessments and late charges as of May 1, 2008; and (5)
held appellants Whalley owed delinquent assessments and late charges of $945.53
as of May 1, 2008.
On December
22, 2008, the court filed a statement of decision (Code Civ. Proc. § 632)
and formal judgment.
On December
24, 2008, respondent LMA moved for attorney fees after judgment (Civ. Code, § 1354) and filed a memorandum of costs.
On January
9, 2009, appellants moved to strike or, in the alternative, tax respondent
LMA's costs.
On January 27, 2009, appellants
filed a timely notice of appeal from
the judgment after court trial (Case No. F056967).
On March 9,
2009, the court conducted a contested hearing on the motion to strike costs.
On March
11, 2009, the court filed an order awarding respondent LMA $85,000 in attorney
fees and $4,821.92 in costs and directed that appellants were jointly and
severally liable for these sums.
On May 11,
2009, appellants filed a timely notice of appeal from the March 11, 2009 order
after judgment (case No. F057815).
September 23, 2009, this court granted appellants' motion and consolidated Case
Nos. F056967 and F057815.
of Lushmeadows Estates
In the
early 1960s, Decker Enterprises, Inc. (Decker), a Nebraska corporation that
operated as developer/subdivider of real property, created LME in four phases
known as Units 1 through 4. LME
consisted of 321 lots of Mariposa County land located in Sections 7, 17, 18,
19, and 20 of Township 5 South Range 20 East, M.D.B.B.&M.
As each unit was completed, Decker
established and recorded a declaration of CC&Rs for that unit. Each set of CC&Rs consisted primarily of
use restrictions and architectural covenants.
The original CC&Rs provided
that they would run with the land for a period of ten years from the date of
adoption. The CC&Rs further provided
they would "be automatically extended for successive periods of 10 years,
unless by a vote of the majority of the then owners of said lots, it is agreed
to change the said covenants and conditions in whole or in part." The original CC&Rs did not create a
homeowners association or impose assessments to create an income stream for
maintenance of common areas. The
original CC&Rs further provided that individual owners were responsible for
enforcing the CC&Rs.
incorporated LMA, a nonprofit corporation, to enforce the architectural
covenants in the original CC&Rs and to "hold, maintain and improve real
property for the use as a park, playground, recreational areas and club
Decker deeded to LMA the common
areas of the subdivision, including two lakes (Mallard Lake and Dawn Lake),
surrounding acreage, a clubhouse, a campground, and a playground. The deeds made these common areas available
to the lot owners of LME for recreational purposes. The LMA articles of incorporation charged LMA
with maintenance of the common areas.
The 1990
In April
1990, the LMA Board of Directors advised LME property owners that the CC&Rs
had become outmoded and needed to be changed "to reflect present day conditions
and to protect your property values."
The directors proposed, among other things, to (a) combine the lot
definition provisions of the four separate sets of CC&Rs; (b) make LMA
membership mandatory for property owners who acquired title on or after July 1,
1990 and voluntary for those who acquired property prior to that date; and (c)
allow a property owner or the Board of Directors to initiate enforcement action
of CC&Rs.
On July 1,
1990, the LMA Board of Directors held a special meeting to review the results
of balloting for the amended declaration of CC&Rs. The recording secretary reported there were
305 owners of the LME lots and parcels because some of the owners had title to
more than one parcel. The directors
received a total of 212 official signed ballots, 165 approvals and 47
disapprovals. The 165 "yes" votes
represented 12 more than the majority needed to approve the amended CC&Rs
and the board recorded the amended CC&Rs on July 2, 1990 (Document No.
904235, Mariposa County Official Records).
According to an election talley sheet, appellant Taggs and the
appellants Whalley voted to adopt the 1990 CC&Rs. The Board transmitted copies of the recorded
CC&Rs to LME property owners. In a
cover letter dated August 1, 1990, the Board called attention to Paragraph 4
"which in essence provides that if title to a given lot changes and is recorded
July 2, 1990, or thereafter,
the new owner
is required to become a
member of the Lushmeadows Association and maintain membership thereafter."
On October
4, 1990, a group of seven LME property owners wrote fellow property owners to
announce a community meeting, the retention of legal counsel, and an effort to
challenge the new CC&Rs. Sometime
later, several of those property owners sent another letter announcing the
formation of P.O.O.L.E. (Property Owners of Lushmeadows Mountain Estates). The organizers of P.O.O.L.E. maintained the
new CC&Rs were invalid and constituted a cloud on title to all parcels
within LME. In December 1990 and January
1991, counsel for P.O.O.L.E. and the directors of LMA exchanged letters
regarding the validity of the new CC&Rs.
According to Lowell J. Young, a onetime member of the LMA Board of
Directors, P.O.O.L.E. never filed an action to challenge the propriety of the
new CC&Rs.
The 2003
September 2003, the LMA directors wrote to LME property owners to propose new
CC&Rs. In the letter, LMA President
Ed Drechsler explained that existing CC&Rs did not comply with "current
California State requirements." He
attached a copy of proposed new CC&Rs (entitled "Amended and Restated
Declaration of Covenants, Conditions and Restrictions for Lushmeadows Mountain
Estate") for review by LME property owners.
According to a summary of major changes, upon adoption of the new
CC&Rs, every LME property owner would be a member of LMA but multiple lot
owners would hold no more than one membership (Section 6.1). Moreover, all LME property owners would be
required to pay LMA any dues or special assessments levied by the LMA board of
directors (Section 7.1). Dreschler
explained at trial that mandatory LMA membership for those who bought property
after 1990 gave the LMA "a solid number that we could build our budget
on." In 2003, the LMA Board proposed to
make all property owners mandatory members of the LMA because "we had a very
poor participation with voluntary" membership.
The LMA issued printed ballots
bearing two boxes, one for approval of the proposal to amend the LMA CC&Rs
and one to reject the proposal to amend the LMA CC&Rs. The face of each ballot bore a boxed message
instructing property owners on the voting process and further instructing them
to mail ballots as soon as possible "but in no case later than Sept 20th
2003." According to the boxed message,
any ballots not received by September 30, 2003 would be counted as a voted for
rejection of the amended CC&Rs.
The LMA
CC&R Review Committee and Ballot Counting Team issued a report on October
8, 2003. The committee and team reported
that there were 305 LME property owners at the time of the election. All 305 owners were sent a document package
that included a copy of the proposed CC&Rs.
The ballots from the election were counted on October 4, 2003. The team reported that 156 property owners
voted to accept the proposed CC&Rs, 31 voted to reject the proposed
CC&Rs, and 118 did not vote. The
committee and team concluded: "The 'yes' votes resulted in an approval rate of
51.1%. Therefore the proposed CC&Rs
shall be enacted at a date to be determined by the Board of Directors." On the same date, the Board of Directors met,
reviewed and confirmed the findings of the committee. The Board recorded the amended and restated
CC&Rs on December 10, 2003 (Document No. 2038701, Mariposa County Official
Records). On August 11, 2004, five
members of the LMA Board participated in a ballot recount of the votes for the
amended and restated CC&Rs. The
recount was conducted at the request of appellant Taggs, who counted and marked
each ballot. LMA Director Mary Lee Moore
confirmed Taggs's count of the ballots.
The five board members who participated in the recount certified: "There
were 156 yes votes and 31 no votes. This
recount confirmed the original ballot count conducted on October 4, 2003."
Statement of
On December
22, 2008, the trial court adopted, signed, and filed the statement of decision
prepared by counsel for LMA. The court
found, among other things: (1) the 1990 CC&Rs were valid because they
complied with the amendment procedure of the original CC&Rs and the voting
methods used were appropriate under the original CC&Rs; (2) the vote for
the 1990 CC&Rs was a vote of the LME lot owners and not a vote of LMA members;
(3) once the 1990 CC&Rs were approved and recorded, LME met the legal
definition of a "common interest development" as set forth in Civil Code
section 1352, a portion of the Davis-Stirling Common Interest Development Act;
(4) the 1990 and 2003 CC&Rs satisfied the requirements of Civil Code
section 1355 [amendment of declaration of common interest development]; (5) the
2003 CC&Rs were valid because they complied with the amendment process set
forth in the 1990 CC&Rs; (6) no legal challenge to the 2003 CC&Rs was
ever posed until January 2007, when appellant Taggs cross-complained against
LMA in response to LMA's efforts to collect assessments from him; (7) Code of
Civil Procedure section 1363.03, subdivision (h) provides that the nine-month
statute of limitations in Corporations Code section 7527 now applies to all
voting in common interest developments on the amendment of governing documents;
(8) appellants' cause of action for slander of title was barred by a three-year
statute of limitations (Code Civ. Proc., § 338g) and cause of action to
rescind a void instrument was barred by a four year statute of limitations
(Code Civ. Proc., § 343); (9) both the 1990 and 2003 CC&Rs were
"reasonable" within the meaning of California law; (10) all subdivision
owners-including appellants-are subject to the provisions of the 2003
CC&Rs; and (11) LMA is entitled to attorney fees and reasonable attorney
fees under Civil Code section 1354, subdivision (c).
Appellants raise a host of
questions relating to the status of the 1990 and 2003 CC&Rs as equitable
servitudes, the voting process for the 2003 CC&Rs, and the award of
attorney fees, among other things. Nevertheless,
we consider the affirmative defenses of the statute of limitations and laches
at the threshold of the appeal. Nothing
more than the mere passage of time is required for the statute of limitations
to bar an action at law. (
>In re Marriage of Dancy (2000) 82
Cal.App.4th 1142, 1150.) A trial
court's finding of laches, if affirmed, is dispositive of equitable causes of
action. (
Bono v. Clark
(2002) 103 Cal.App.4th 1409, 1416.) Appellants contend the trial court
erroneously held the doctrine of laches and the statute of limitations precluded
appellants' challenge to the 1990 and 2003 CC&Rs.
of Limitations
trial court held in pertinent part in its statement of decision:
"Moreover, although the 2003
vote was a vote of the Lot Owners and not a vote of the corporation, the State
Legislature's decisions regarding the length of time available in which an
election within a common interest development association may be challenged is
persuasive to this court. The state
legislature allows a time period of only nine months to challenge such a
vote. [¶] . . . [¶]
". . . It would be
extraordinarily disruptive to the reasonable expectations of property owners if
an election to amend the governing documents could be set aside years after
recordation of the amendment for some technicality. In the case at bar, Requesting Parties tried
to set aside the 1990 CC&Rs nearly seventeen years after they were
recorded, and tried to set aside the 2003 CC&Rs more than three years after
they were recorded. The absurdity of
this position and its prejudicial effect on property owners is obvious. [¶] . . . [¶]
"Among other things, the 1990
amendment made two important changes within the subdivision: the amendment
required some members to join the LMA and pay assessments
and it directed LMA to enforce all of the provisions of the
. . .
"The 1990 CC&Rs provided
that from 1990 forward, the LMA could enforce all the provisions of the
CC&Rs. . . . If lot owners believed that this new enforcement power was
improper for any reason,
they were
required to challenge the 1990 amendment.
They failed to mount any challenge to the 1990 amendment, even
though some of the dissident owners, making the same claims now advanced by Taggs,
Wray and Whalleys, alerted all property owners to these issues by circulating
letters about these issues and by engaging legal counsel. . . . Taggs, Wray and
Whalleys are barred by applicable limitation periods from challenging the 1990
CC&Rs now. Moreover, Taggs and the
Whalleys are estopped from challenging the 1990 C&Rs; the Tally Sheet,
Exhibit N, showed that Taggs and Whalleys voted in favor of the 1990 CC&Rs.
. . .
"Defendants' cause of action
for slander of title is likewise time-barred and should have been brought by
1993 for the 1990 CC&Rs and by December, 2006 for the 2003 CC&Rs. Code of Civil Procedure § 338G.
the statute of limitations for rescinding a void instrument is four years.
Requesting Parties' efforts to rescind
the 1990 CC&Rs are also barred by this statute. (Code of Civil Procedure § 343;
>Robertson v.
Superior Court (2001) 90 Cal.App.4th 1319 . . ..)"
On appeal,
appellants contend a four-year statute of limitations (Code Civ. Proc.,
§ 343) applies to CC&R amendments and a three-year statute of
limitations (Code Civ. Proc., § 338, subd. (g) applies to an action for
slander of title of real property.
Appellants further contend the "discovery rule" postpones the accrual of
a cause of action until the party discovers, or has reason to discover the
cause of action. Appellants maintain
they are subject to the "discovery rule" because they did not discover "the
improper voting schemes" leading to the 1990 and 2003 CC&Rs until after
respondent LMA filed suit. They maintain
they did not discover the 2003 CC&Rs were in place until they attended
their first LMA meeting and received a bill for assessments.
legislative goal underlying limitations statutes is to require diligent
prosecution of known claims so that legal affairs can have their necessary
finality and predictability and that claims can be resolved while evidence
remains reasonably available and fresh."
Jordache Enterprises, Inc. v.
Brobeck, Phleger & Harrison
(1998) 18 Cal.4th 739, 756.) With a few unrelated exceptions, the running
of the statute of limitations does not extinguish a cause of action, but merely
bars a remedy. (
In re Marriage of Klug
(2005) 130 Cal.App.4th 1389, 1399.) "While the bar of the statute of limitations
may be considered a harsh result … as a matter of policy, this defense
'operates conclusively across-the-board.
It does so with respect to
of action, both those that do not have merit and also those that do. That it may bar meritorious causes of action
as well as unmeritorious ones is the "price of the orderly and timely
processing of litigation" [citation]-a price that may be high, but one that
must nevertheless be paid.'
[Citation.]" (
>Quiroz v. Seventh Ave. Center (2006) 140
Cal.App.4th 1256, 1282;
State of California
ex rel. Metz v. CCC Information Services, Inc.
(2007) 149 Cal.App.4th 402,
The 1990
CC&Rs were recorded July 2, 1990.
The 2003 CC&Rs were recorded December 10, 2003. Respondent LMA filed its initial complaint
for declaratory relief on November 29, 2006.
Appellant Taggs filed his initial cross-complaint for declaratory relief
on January 22, 2007. Wray and the
Whalleys filed their initial complaint for declaratory relief, slander of
title, and cancellation of cloud on title on March 20, 2007.
Subsequently promulgated and
recorded use restrictions are presumptively valid, entitled to the same
judicial deference accorded covenants and restrictions in original
declarations, and the burden of proving otherwise rests upon the challenging
homeowner. (
Villa De Las Palmas Homeowners Assn. v. Terifaj
(2004) 33 Cal.4th
73, 90-91.) The effect of execution and
recordation of amended CC&Rs is that any person having title to or
interested in acquiring title to an affected property has, at a minimum,
constructive notice that the property continues to be governed by the
CC&Rs. (
Costa Serena Owners Coalition v. Costa Serena Architectural Com.
175 Cal.App.4th 1175, 1200-1201.)
of the 1990 and 2003 CC&Rs gave appellants constructive notice that their
parcels were subject to the amended CC&Rs.
Their causes of action to challenge the 1990 CC&Rs and to assert
slander of title are time barred under the four-year statute of limitations
(Code Civ. Proc., § 343) and three-year statute of limitations (Code Civ.
Proc. § 338, subd. (g)), respectively.
Assuming appellants' challenge to the 2003
CC&Rs is somehow subject to the four-year statute of limitations, we
consider that challenge in light of the equitable doctrine of laches.
The trial
court provided in pertinent part in its statement of decision:
"The existence of laches is
generally a factual question, and the Court has great discretion to determine
whether to apply laches to bar relief.
The key question is whether defendants have demonstrated prejudice,
making it unjust to grant relief to plaintiffs.
"Here, the prejudice is
clear. LMA sent out explanations of the
changes by the 2003 CC&Rs to all the Lot Owners, and conducted the voting
by secret ballot. . . . Requesting Party
Eugene Taggs counted the votes in 2004 and got the same total that LMA's
committee that counted the votes had obtained.
. . . He took no action to challenge the vote, and, as a result,
numerous Lot Owners purchased properties in reliance on the 2003 CC&Rs. In was only in January, 2007 that Taggs
challenged the 2003 CC&Rs, and this was only after LMA had filed its action
for declaratory relief. Wray and the
Whalleys did not challenge the 2003 CC&Rs until March 20, 2007, when they
filed their action for declaratory relief.
. . . A delay of more than three years in challenging the 2003 CC&Rs
clearly caused prejudice to LMA and to the Lot Owners who purchased their
properties in reliance on the 2003 CC&Rs; Requesting Parties' claims are
barred by the doctrines of laches, waiver and estoppel."
doctrine of laches is based on knowledge of the facts and an acquiescence in
them to the damage of the other party. (
>Weadon v. Shahen (1942) 50 Cal.App.2d
254, 262.) "'Laches implies that the
plaintiff should have done something earlier.'"
Bono v. Clark, supra,
Cal.App.4th at p. 1418.) Whether or not
laches occurred in a particular case primarily presents a question for the
trial court. When there are facts from
which the trial court may infer that there has been an unreasonable delay, that
finding will not be disturbed on appeal.
A defendant asserting laches on plaintiff's part must show that
plaintiff has acquiesced in defendant's wrongful acts and has unduly delayed
seeking equitable relief to the prejudice of defendant. Mere lapse of time, other than that
prescribed by statutes of limitations, does not bar relief. (
v. Stephens
(1968) 68 Cal.2d 864, 904.)
The fact that determination of a controversy involves an investigation
of rights originating many years past does not render a claim stale. (
v. Hibernia S. & L. Soc.
(1944) 23 Cal.2d 719, 736-737.)
must be with knowledge of the wrongful acts themselves and of their injurious
consequences. Acquiescence must be
voluntary and not the result of accident or of causes rendering it a physical,
legal, or moral necessity. Acquiescence
must last for an unreasonable length of time so that it will be inequitable
even to the wrongdoer to enforce the peculiar remedies of equity against
him. What will amount to a sufficient
acquiescence in a particular case must largely depend upon its own special
circumstances. (
Alexander v. State Capital Co.
(1937) 9 Cal.2d 304, 313, citing
>Chamberlain v. Chamberlain (1908) 7
Cal.App. 634, 641.)
the existence of laches is a question of fact to be determined by the trial
court in light of all of the applicable circumstances.
In the absence of manifest injustice or a
lack of substantial support in the evidence, the determination of the trial
court will be sustained. Where the
finding of laches is made after trial, the proper appellate focus is the
evidence in support of the finding. We
therefore examine the trial record for evidence in support of the trial court's
finding of laches. A trial court's
laches ruling will be sustained on appeal if there is substantial evidence to
support the ruling. (
>Womack v. San Francisco Community College
Dist. (2007) 147 Cal.App.4th 854, 858-859.)
In the
instant case, Gail Spilos testified she was a real estate licensee who had
helped at least 45 buyers and sellers in LME between 1989 and 2008. Spilos said she was familiar with the
original, 1990, and 2003 CC&Rs of LMA.
Spilos said it was her custom and practice to furnish recorded CC&Rs
to potential buyers in LME. According to
Spilos, the 1990 and 2003 CC&Rs were not a detriment to selling LME real
property. In her view, the mandatory fee
structure of the 2003 CC&Rs was an asset in her efforts to sell properties
because most buyers prefer to pay money to handle maintenance of common
areas. Spilos said at the time of trial,
LME property owners each paid $120 a year for the use and maintenance of
Mallard and Dawn Lakes, a club house, and other features on the 16-acre common
area. Spilos said there was a difference
between LME and other Mariposa County subdivisions, noting "Lushmeadows is so
attractive." In her experience, buyers
in LME have relied on the 2003 CC&Rs.
She explained that when the original CC&Rs were in effect, "To
enforce anything there, really you had to do the rule of law and prosecute your
neighbor to do something very simple."
Appellants acknowledge that LMA did
provide testimony that numerous people relied upon the CC&Rs when they
purchased their lots within the LME subdivision. Appellants nevertheless submit this was
inadequate because "[s]uch testimony does not establish with any detail the
nature of the prejudice, nor does it establish any prejudice to the Association
itself." Where, as here, a statement of
decision sets forth the factual and legal basis for the decision, any conflict
in the evidence or reasonable inferences to be drawn from the facts will be
resolved in support of the determination of the trial court decision. (
In re
Marriage of Hoffmeister
(1987) 191 Cal.App.3d 351, 358.) The trial court in the instant case
reasonably inferred from the testimony that a delay of more than three years in
challenging the 2003 CC&Rs was prejudicial to the LMA and to lot owners who
purchased their properties in reliance on the 2003 CC&Rs.
The trial court correctly held the
doctrine of laches and the statute of limitations precluded appellants'
challenge to the 1990 and 2003 CC&Rs.
Reversal is not required.
Appellants contend the trial court
erroneously awarded attorney fees and costs to respondent based upon Civil Code
section 1354, part of the Davis-Stirling Act, was erroneous because the Act
"does not apply to a subdivision which is not a common interest development and
has no common area."
In its statement of decision, the
trial court held LMA was entitled to its costs of suit and reasonable attorney
fees under Civil Code section 1354, subdivision (c). The court noted that LMA had successfully
enforced the covenants set forth in the valid 2003 CC&Rs, including the
covenant requiring appellants to belong to LMA and to pay assessments.
In 1985,
the Legislature enacted the Davis-Stirling Common Interest Development Act
(Davis-Stirling Act) as title 6 of the Civil Code, "Common Interest
Developments" (Civ. Code, §§ 1350-1376; Stats. 1985, ch. 874, § 14, pp.
2774-2787), which encompasses community apartment projects, condominium
projects, planned developments and stock cooperatives (Civ. Code, § 1351, subd.
(c)). (
Lamden v. La Jolla Shores Clubdominium Homeowners Assn.
(1999) 21
Cal.4th 249, 264.) A "planned
development" means a development having either or both of the following
features: (1) the common area is owned either by an association or in common by
the owners of the separate interests who possess appurtenant rights to the
beneficial use and enjoyment of the common area; (2) A power exists in the
association to enforce an obligation of an owner of a separate interest with
respect to the beneficial use and enjoyment of the common area by means of an
assessment which may become a lien upon the separate interests in accordance
with Civil Code sections 1367 or 1367.1
(Civ. Code, § 1351, subd. (k).)
"A common interest development
shall be managed by an association which may be incorporated or
unincorporated. The association may be
referred to as a community association."
(Civ. Code, § 1363, subd. (a).)
The Davis-Stirling Act permits the association or any owner of a
separate interest to enforce the covenants and restrictions set forth in the
declaration. Civil Code section 1354,
subdivision (c) entitles any prevailing party, in an action under subdivision
(a) to enforce the governing documents, to an award of reasonable attorney
fees. (
Mount Olympus Property Owners Assn. v. Shpirt
(1997) 59 Cal.App.4th
885, 893, fn. 6.) The mandatory
attorney's fees and costs award under section 1354, subdivision (c) applies
when a plaintiff brings an action to enforce such governing documents, but is
unsuccessful because he or she does not have standing to do so. (
v. Bridgeport Community Assn., Inc.
(2009) 173 Cal.App.4th 1024,
Appellants contend the
Davis-Stirling Act is inapplicable to the 1990 and 2003 CC&Rs because there
were no intended common areas within the LME subdivisions. They maintain LMA's claimed common areas
consist of "specific areas which were only available to members of the
Association and access was only intended for those members." They further argue that membership within LMA
was voluntary for pre-1990 lot owners until 2003 and such areas were
inaccessible to non-members until the latter date:
"Pre-1990 lot owners had no
obligation to join the Association and received no conveyance of a separate
interest coupled with an interest in the common area or membership in the
association. Membership within the
Association was voluntary for pre-1990 lot owners up until 2003 and such areas
were locked to non-members, hence there was no intended common ownership within
the Subdivision. Therefore, the
Davis-St[i]rling Act's statutory scheme does not apply to the Original
C&R's and the 1990 CC&R Amendment.
Consequently, the court erred in awarding attorney's fees under
>Civil Code Section 1354(c)."
appellants focus on the original, 1990, and 2003 CC&Rs, they do not
consider whether LME was a common interest development at the time of the 2008
judgment. Civil Code section 1354,
subdivision (c) provides that in an action to enforce the governing documents
of a common interest development, the prevailing party shall be awarded
reasonable attorney fees and costs. The
issue of a party's entitlement to attorney fees is a legal issue which an
appellate court reviews de novo. (
>Garcia v. Santana (2009) 174 Cal.App.4th
464, 458.) Although the trial court's
decision is reviewed independently, the scope of review is limited to issues
that have been adequately raised and supported in the appellant's brief. (
v. Kosha
65 Cal.App.4th
451, 466, fn. 6; 1 Eisenberg et al., Cal Practice Guide: Civil Writs and
Appeals (2009) ¶ 8:17.2, p. 8-6.)
ignore the status of the LME as a common interest development at the time of
rendition of the judgment. Rather,
appellants devote their limited discussion to the reasons why LME was not a
common interest development under the original and 1990 CC&Rs. To the extent appellants are addressing the
2003 CC&Rs, their challenge to the award of attorney fees and costs must be
deemed waived.
The trial court correctly concluded in its
statement of decision: "Because the 2003 Amended and Restated Declaration was
properly adopted by a majority of the subdivision owners and was properly
recorded, its provisions are binding and enforceable against all Lot owners,
including Taggs, Wray and Whalleys. . . . [¶] . . . [¶] LMA is entitled to its
costs of suit and reasonable attorneys' fees, as provided by Civil Code
§ 1354(c), which provides that in an action to enforce recorded
declarations of covenants, conditions and restrictions, the prevailing party
>shall recover its attorneys' fees. The language in the statute is mandatory and
not permissive."
judgment is affirmed. Costs to
Wiseman, Acting P.J.
Hill, J.
Publication courtesy of California
pro bono legal advice.
Analysis and review provided by La Mesa Property line Lawyers.
San Diego Case Information
provided by www.fearnotlaw.com
> The
record on appeal is replete with pleadings and responsive pleadings filed by
the parties. In the interest of brevity,
we will only cite to the initial pleadings and then the operative pleadings at
the time of trial. Readers are referred
to the record on appeal for intermediate pleadings.
A declaratory judgment (Code Civ. Proc., §
1060) is appealable where the trial court fixes the rights and liabilities of
the parties and does not contemplate further judicial proceedings to determine
the issues raised in the action. (
>Erickson v. Boothe (1950) 35 Cal.2d 108,
Western Gulf Oil Co. v. Title Ins.
Etc. Co.
(1946) 77 Cal.App.2d 217, 330 .)
An order determining attorney fees and costs
is appealable as an order entered after judgment (Code Civ. Proc.,
§ 904.1, subd. (a)(2)). (
>People v. Bhakta (2008) 162 Cal.App.4th
973, 981.)
Unit 1 consisted of Lots 1 through 84,
inclusive; Unit 2 consisted of Lots 85-202, inclusive; Unit 3 consisted of Lots
203-263, and Unit 4 consisted of Lots 264-321, inclusive.
On September 21, 1990, LMA President Peggy
Kain wrote Rick Lobaugh, Vice President of Inter-County Title Company in
Mariposa, and explained the process used in amending the CC&RS in July,
1990. Kain noted: "Our dues are $73.00
per year which translates to about $6.08 per month. The Association has the responsibility of
maintaining the common grounds (two lakes and a clubhouse, etc.) and to respond
to the changing requirements of doing business today.
Although our discussion focuses on the three-
and four-year statutes of limitation, we note the trial court's observation in
its statement of decision:
"Civil Code § 1363.03
[elections; rules and procedures] was added by statutes and became operative
July 1, 2006. It was not in force at the
time of the 2003 election, but it was in force by the time the instant lawsuit
and related cross-complaints were filed. . . .
". . . [Civil] Code . .
.§ 1363.03(h) provides that the nine month statute of limitations set
forth in Corp. Code § 7527 now applies to all voting in common interest
developments on issues of election of directors, amendment of governing documents,
enactment of special assessments in excess of the dollar amount that can been
approved by the board minutes, and changing of common areas to exclusive use
common areas."
The equitable defense of laches may be decided
as a matter of law where the relevant facts are undisputed. (
Elementary Teachers Assn. v. Bakersfield City School Dist.
(2006) 145
Cal.App.4th 1260, 1274.)
In reaching this conclusion, we note that
Decker Enterprises, Inc. developed LME and incorporated LMA prior to the enactment
of the Davis-Stirling Common Interest Development Act (Civ. Code
§§ 1350-1376). The purpose of the
Davis-Stirling Act was to: (1) consolidate statutory provisions governing
common interest developments; (2) standardize treatment of different types of
common interest developments; (3) validate existing practices of developers and
community associations; and (4) resolve problems faced by homeowners and
associations in the operation of common interest developments, particularly the
collection of assessments and amendment of governing documents. (1 Sproul & Rosenberry, Advising Common
Interest Developments (Cont.Ed.Bar 2009) § 1.4, pp. 5-6.) In view of our holding in Issue I, we do not
address the applicability of the Davis-Stirling Act to a subdivision formed
prior to the effective date of that Act or the procedures to be followed to
convert such a subdivision into a common interest development subject to the
Davis-Stirling Act. Nor do we express an
opinion about the enforceability of CC&Rs against property owners in a
subdivision predating the Davis-Stirling Act where membership in a community
association is voluntary or is converted from voluntary to mandatory
In their opening brief, appellants summarily
contend the 1990 and 2003 CC&Rs were not validly adopted or, if valid, do
not come within the purview of the Davis-Stirling Act. Therefore, they maintain attorney fees under
Civil Code section 1354, subdivision (c) may not be claimed. Appellants further summarily contend that
they are entitled to attorney fees and costs "because the 1990 and 2003
CC&R Amendments were not validly created and did present a cloud on title
to Taggs, Wray, and the Whalleys' properties."
California follows the "American rule," under which each party to a
lawsuit ordinarily must pay his or her own attorney fees. Code of Civil Procedure section 1021 codifies
that rule and provides that the measure and mode of attorney compensation are
left to the agreement of the parties "[e]xcept as attorney's fees are
specifically provided for by statute." (
>Musaelian v. Adams (2009) 45 Cal.4th
512, 516.) Appellants do not set forth a
statutory or contractual basis for attorney fees and their summary contention
must be rejected.
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text:
Ship Simulator Extremes to be Released with a Multiplayer Mode
Your own imagination is the limit. In the multiplayer mode, you can tackle anything from oil rig explosions to rescue missions and work together as a unit – seeking to improve response time and efficiency. Salvage your friend's distressed boat as the tugboat captain or seek assistance from other players in your quest to get into port on time. Missions that seem a daunting task to take on alone, can now be tried with the help from your online friends.
"We are looking forward to have players sail together in the multiplayer mode of Ship Simulator Extremes. Players can use their imagination to create their own scenarios and take them on together. In most real life missions, a coordinated effort is required to tackle the toughest of situations. The multiplayer mode will allow players to do just that in Ship Simulator Extremes," said Frank Dolmans, CMO at VSTEP.
Ship Simulator Extremes offers exciting missions all over the world as you pilot an impressive array of vessels, and live the story of real ship captains. The most realistic simulator ever set on the high seas is scheduled for release on August 27th.
Follow the latest information about the game on Facebook at www.facebook.com/ShipSim and @shipsim on Twitter or visit the website: www.shipsim.com
Tags: Paradox Interactive, PC

subset: commoncrawl


text:
November 26, 2014
LAS VEGAS (AP) - More than twice as many flights from Mexico are landing in Las Vegas in the three days leading up to Mexican Independence Day than during an average three days.
McCarran International Airport officials say 42 flights are coming directly from Mexico between Wednesday and Friday, up from 20 usually scheduled this time of the year.
Representatives from the Las Vegas Convention and Visitors Authority say a long list of events and concerts point to Vegas' rising popularity as an Independence Day destination.
Airport officials say the additional flights could bring in nearly 6,300 Las Vegas visitors from Mexico, up more than 5 percent compared with the same holiday period last year.
Visitors authority officials say international tourists tend to stay longer and spend about $1,100 per trip on non-gambling purchases.
Copyright 2014 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
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Bolton Kids offers extreme fun with their new playhouse loft beds. This Bennington Playhouse Loft provides hours of excitement for all ages and comes available as a twin size. Think of it as a super secret hideaway for doing crafts, reading or just simple fun. We bet your kids will even want to hear you say, "go to your room and do your homework". Add the slide to this already cool loft bed and you will become "best mom/dad ever". This Bennington Playhouse Loft is shown with blue and white curtains. Need room for all your books? Simply add on the optional single or double pocket that hangs right on the edge of the safety rail. This playhouse loft is shown in a natural wood finish. Let the Bolton Kids Furniture accessories complete your kids bedroom with many pieces to choose from including: armoires, dressers, chests, nightstands, bookcases, vanities, desks & desk chairs. Minor assembly required. Hardware and detailed instructions are included.
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My Blog
John Ing - "We Are Nowhere Near The Chaos That I Expect"
On the heels of a wild couple of weeks of trading in global markets, today Canadian legend John Ing told King World News "We are nowhere near the chaos that I expect." Ing, who has been in the business for 43 years, also warned KWN that global markets are headed lower and discussed what investors should expect to see around the world, including in the gold market. Below is what Ing had to say in his fascinating interview.
© 2014 by King World News®. All Rights Reserved. This material may not be published, broadcast,
rewritten, or redistributed. However, linking directly to the blog page is permitted and encouraged.
February 9, 2014
Ing: "What we have been seeing in the past couple of weeks is that no one ever promised that the 'exit' would be pain-free. Now we have seen this not only in emerging markets, but also in Western markets....
Continue reading the John Ing interview below...
To hear which company investors and institutions around the globe are flocking to
that has one of the best gold & silver purchase & storage platforms
in the world click on the logo:
"As far as emerging markets, what we are seeing are devaluations, and of course interest rates moving up in those countries. In Ghana, for example, the interest rate went up 2%. Some might respond, 'So what?' Well, their interest rate is now a staggering 18%.
So, while it's terrible to be lending money in Ghana, the Fed tapering is really creating these consequences. And this is only just the beginning, Eric. Also, the volatility in the currencies right now is quite dramatic.
If we turn to the US, the Americans have strapped on something like $7 trillion of additional debt, and the United States now owes $17 trillion. That's more than all of the presidents combined over the 227-year history of the US. It is astounding to think that in only five years the US has done this.
So the ramifications of this 'exit' are impacting currencies, stocks, and interest rates. We have already had $3 trillion in stock market capitalization wiped out. It is amazing that just a $20 billion tapering has been enough to cause all of this chaos around the globe.
As this global storm gains momentum, the classic refuge will once again be gold. It's no coincidence that since the start of 2014, gold has already moved up roughly 5%. More importantly, the leading indicator, the mining shares, are up almost 15%. We have seen 20 CEO changes in the mining sector as well as a move to making money money gold.
But my sense is that the gold price has fallen to levels where most of the industry is losing money. That, to me, was the sign of a classic bottom. I fully expect for gold to break above the $1,270 resistance. This will set up the next short-term target level of $1,325, followed by the big move to $1,550.
When gold eventually breaks above the key $1,550 level, that is when the street will start talking about $10,000 gold again. But we've turned the corner and all the fundamentals are in place for higher prices, especially with this second tapering action from the Fed. The bottom line is that the next few months will be an exciting time for the holders of gold and the gold producers."
Eric King: "The global chaos has slowed a bit in the last couple of days. Is this the calm before the storm?"
Ing: "We are nowhere near the chaos that I expect. The markets are headed lower from here, so any upticks from here are going to be temporary. I expect some big downside for global stock markets. I also believe the key psychological level of 80 will be broken on downside of the US Dollar Index. The dollar breakdown will just accelerate the global turmoil, and gold will become the classic refuge it always has been as the crisis intensifies."
UPDATE - KWN will be releasing interviews all weekend long.
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The audio interviews with John Mauldin, Eric Sprott, Bill Fleckenstein, Egon von Greyerz, Dr. Paul Craig Roberts, MEP Nigel Farage, James Dines, Gerald Celente, Andrew Maguire, David Stockman, Art Cashin and Dr. Marc Faber are available now. Other recent KWN interviews include Jim Grant and Felix Zulauf -- to listen CLICK HERE.
Eric King


text:
Flourish Print 4 Bar Stationery
Our overall flourish pattern is feminine and modern in appeal, in a variety of our color favorites. The 4 Bar folded format offers the perfect amount of room to write on the inside.
Size - 4 Bar folded (3.5" x 4.875")
*Offer valid for new email subscribers. Promo code will be delivered via email.


text:
As the student pilot was making a takeoff from runway 33, the engine lost power during the initial takeoff/climb. The student then initiated an emergency approach to runway 15; however, the airplane landed short of the runway on rough and uneven terrain. Examination of the airplane by an FAA inspector revealed 'no discrepancies that would have contributed to the power loss.'
The National Transportation Safety Board determines the probable cause(s) of this accident to be:
Index for Nov1995 | Index of months


text:
The Smile Wins
20 minutes
Comedy / Silent
Directed by Robert F. McGowan
Cast: Our Gang
Allen 'Farina' Hoskins as Farina
Jannie Hoskins as Mango
Joe Cobb as Joe
Jackie Condon as Jackie
Jay R. Smith as Jay
Harry Spear as Harry
Pete the Pup as Petie
Jean Darling as Our Gang member
Budd Fine as Extra
George B. French as Simon Sleazy
Bobby 'Wheezer' Hutchins as Our Gang member
Lyle Tayo as Kid's mother
Mildred Kornman as Toddler on merry-go-round
This Our Gang film has Farina's widowed mother ill. She is a hard-working mother with no money or food and faces eviction unless she pays two hundred dollars. Farina is determined to raise the money on his own and not let this bad news bring him down, so wears on a grin on his face throughout the whole time. The gang mistakes his grin as a mock and when they realize the truth, they help him raise the money. An oil gusher comes to the rescue.


text:
Target Field gates will open at 6 p.m. tonight for the 7:10 p.m. Harmon Killebrew memorial service. Admission is free, ballpark concessions will be open, and seating will be general admission, so come on downtown and pay your final respects to the late Twins great. And wear your No. 3 shirt, ... More >>
Fans of the Minnesota Twins are clearly flying high after our beloved local 9 clinched the Central Division title late Tuesday night (their 6th title in 9 years). And, perfectly timed to celebrate the occasion and to get all of us psyched for the postseason (as if we weren't, already), avid Twins ... More >>
Prince went to Vegas. Smokers went to Maplewood. Tapes 'N Tapes went to the moon. And sometime after the last zombie dance party got busted, we wrote it all down for you.
Pitcher Brad Radke is already an All-Star at age 25--and figures to get even better


text:
FORT WAYNE – After a disappointing basketball season, Indiana received more troubling news off the court.
Hoosiers guards Yogi Ferrell and Stanford Robinson were arrested in Bloomington early Friday on preliminary charges of underage possession of alcohol and possessing fake identification.
One of our big problems on the court this year was solid decision-making, which directly mirrors our lack of decision-making off the court, Indiana coach Tom Crean said in a statement released by the school.
Three players have been arrested for alcohol-related issues in two months.
The rash of bad news began in February, when Indiana center Hanner Mosquera-Perea was arrested on a charge of driving under the influence.
Indiana State Excise Police spokesman Brandon Thomas said Ferrell, 20, and Robinson, 18, were released and scheduled for an initial court appearance Sunday.
The charges are Class C misdemeanors. If convicted, Ferrell and Robinson could face a year's suspension of all driving privileges.
Excise officers patrolling Bloomington during its Little 500 weekend handled the arrest, which occurred just after 1 a.m. at Kilroy's Sports Bar.
This isn't about a time of year or a special week on campus, Crean said. This is about poor judgment, selfishness of actions and disrespect for what this program stands for.
Ferrell, the leading scorer on a team that went 17-15 and ended its season in the first round of the Big Ten tournament, is considered the face of Indiana's storied program.
I have a responsibility as a leader to make sure nothing like this happens again, the sophomore said in a statement. I apologize for letting down my family, coaches, teammates and fans and truly regret the mistake I made.
Robinson, a freshman who started nine games and averaged 16.9 minutes, said he had no excuse and accepted full responsibility for the alleged acts of drinking and presenting a fake ID.
Mosquera-Perea received a two-game suspension and was required to abide by certain conditions on his return.
We will continue as we have all year to push the responsibility of what it means to play in this basketball program and to represent yourself beyond reproach, Crean said.
We have been successful in doing that in the past and will continue to demand those same principles.
Ferrell, who will turn 21 on May 9, averaged 17.3 points and was named second-team All-Big Ten.
A message left at the bar was not immediately returned, and Thomas did not return requests for further comment on the matter.


text:
Man faces retrial in 2010 death of teen
A man accused of fatally shooting an El Capitan High School student and dumping his body near the San Vicente Reservoir on the Barona Indian Reservation will face a retrial on murder charges, a prosecutor said today.
Stanley Virgil Lloyd, 20, is accused in the October 2010 death of 17-year-old Christopher Carioscia of Lakeside. The defendant faces 50 years to life in prison if convicted.
A mistrial was declared Monday when jurors told a judge that they were deadlocked 10-2 for guilty on a charge of first-degree murder.
Carioscia went missing on Oct. 26, 2010, after telling his family he was going surfing in Pacific Beach. His burned-out car was found the next day on the tribal grounds south of Ramona, and on Dec. 4 detectives found his body near the San Vicente Reservoir.
Lloyd was arrested at his Lakeside home in March. A friend of the defendant told detectives that Lloyd grew tired of buying the anxiety prescription drug Xanax from Carioscia and hatched a plan to steal drugs from the victim and kill him, prosecutor David Williams III alleged.
Sheriff's authorities said Carioscia was shot several times with a .357- caliber handgun some time between the evening of Oct. 26, 2010, and the morning of Oct. 27, 2010.
Lloyd will be back in court Jan. 18 for his case to be assigned to a courtroom.
Related posts:
- Judge sets 2010 trial date for Kurtenbach
- Woman faces misdemeanor charge in cyclist's death
- Motorist sentenced to six years in woman's death
- Driver faces sentencing Dec. 15 in pedestrian's death
- Ramona man enters innocent plea in woman's sidewalk death
Short URL: http://www.ramonasentinel.com/?p=8515


text:
November 28, 2014
Granby, Colo. (AP) More than 70 children and 15 staffers at a YMCA camp have fallen ill with flu-like symptoms, forcing officials to end the camp early and cancel another session to disinfect the campground on the western edge of Rocky Mountain National Park.
YMCA spokeswoman Lori Van Horn says the children were being sent home from Camp Chief Ouray Wednesday, a day after campers and staff began showing symptoms of the Norovirus.
The gastrointestinal virus is easily spread in places where people are living in close quarters, such as nursing homes and summer camps. A similar outbreak happened at the camp in 2005.
Van Horn says camp should be ready for the camp session that begins June 29.
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text: On October 1, 2010, about 1240 eastern daylight time, an experimental amateur-built Yost Glasair SH-2, N2117S, collided with terrain immediately after takeoff from runway 18 at Seven Lakes Airport (62GA), Jackson, Georgia. The certificated private pilot and passenger sustained minor injuries. The airplane sustained substantial damage. Visual meteorological conditions prevailed and no flight plan was filed for the personal flight to Henry Tift Myers Airport (TMA), Tifton, Georgia. The flight was operated under the provisions of 14 Code of Federal Regulations Part 91.The pilot reported to a Federal Aviation Administration (FAA) inspector that after the airplane became airborne, it began to drift to the left. He attempted to correct the airplane with the flight controls; however, the controls had no effect. The airplane began to bank to the right and continued until the right wing struck the ground.In a written statement, a witness reported that the airplane became airborne, banked about 80 degrees to the right, and then banked further to the right. The wingtip struck the ground, and the airplane cart wheeled off the right side of the runway.An FAA inspector that responded to the accident location reported that the airplane came to rest about 20 feet outside of an airport hangar. The airplane's engine was impact separated and located inside the hangar.According to the airport manager, the airplane had accrued approximately 600 hours in the previous three years, and that the owner sublet part of a hangar at the airport. He could not remember the previous time the airplane had flown but thought it was earlier in the week.The pilot reported approximately 500 hours total flight time as pilot in command, about 140 hours of which were in the accident airplane make and model. His most recent flight review was completed in November, 2008. His most recent FAA third-class medical certificate was issued January, 28, 2009. The tailwheel equipped airplane was built in 1984, and had accumulated about 500 hours total flight time at the time of the accident. The airplane's most recent conditional inspection was completed in June 2010. An FAA inspector examined the airplane on October 4, 2010 at a local salvage facility. Both wings exhibited impact damage to the leading edge. The right wing aileron remained attached at the inboard attach point and the left wing aileron remained attached at the attach points. The right flap was impact separated at the attach point. Continuity was confirmed to all flight control surfaces from the control column. Continuity was confirmed throughout the engine and compression was confirmed on all of the cylinders utilizing the thumb compression method. No preimpact malfunctions or abnormalities were noted that would have precluded normal operations.


text:
Nebraska Head Coach Bo Pelini says the team has had two good practices so far during the bye week, but will need to continue the progress, especially on defense, as the Huskers continue to build toward their Big Ten opening game against Illinois.
"We have got some good work in," he said. "Obviously it is still a work in progress but I liked how the kids have worked these past couple days."
Pelini noted that bye week work can provide a lot of benefits for a football team.
"A lot, you can get a lot accomplished. I have said, every day we walk out here it's important," Pelini said. "We went through a decent amount of 'good on good' scrimmage stuff and did some live scrimmaging today. Obviously we have been using it (bye week) to get a jump on Illinois."
Pelini also mentioned after practice that the thing the Husker defense needs to work most on is translating what it does in practice, whether it is individual or group work, to the field during a game.
"What we are struggling with the most defensively is taking the things from our individual and group work to bringing it to the team side of things." Pelini said, "Taking our techniques and transferring it to when all the bullets are flying. I saw a marked jump today, but that needs to continue."
Nebraska has used a lot of personnel and different rotations early on this season on defense. When Pelini was asked if he expects that to change in conference play, he said that it will not change until some of the young Huskers step up and secure their starting roles.
"When somebody steps out and takes the job that's one thing, but that has not happened yet."
Pelini believes that the young Blackshirt defense still needs improvement in the preparation required to be successful at the major college football level.
"If you just look at the last game, we had way too many busts. Just missed assignment after missed assignment, on top of that, just not playing fast and aggressive," Pelini said. "To me, a lot of that comes in preparation, with great preparation comes great confidence."
With 16 total tackles and nine assisted tackles, sophomore defensive end Randy Gregory has certainly been one of the bright spots on the Husker defense so far in the 2013 season. Pelini has taken note of that, noting that he really plays with intensity.
"Randy makes mistakes, but Randy plays his butt off. He plays hard and he is obviously still a little raw in some areas. He still has to clean some things up." Pelini said, "The one thing about Randy is he brings it every down."
Nebraska will continue preparations Friday as the team moves through a bye week before opening Big Ten Conference play. NU will face Illinois on Saturday Oct. 5, at 11 a.m. in Lincoln.


text:
For Immediate Release – 1/19/13
Rockford, Ill. - The Northern Illinois Center for Nonprofit Excellence (NICNE) will be hosting three new programs this year for nonprofit management. The programs will be hosted by Rockford College located at 5050 East State Street, Rockford. The new programs are as follows:
Fundable Grant Requests
Friday, January 18, 2013, 11:30 a.m. to 1:30 p.m.
Includes FREE Lunch!
Facilitated by: David Buchen, Grant Coordinator, RVC
Register by Monday, January 14
Funders receive many more proposals than they can fund, and projects must clearly fit within a foundation's funding strategy. Therefore, it is important to take time to write and develop a grant proposal based on a strong project concept. Funders are looking for projects that match their interests, are sustainable, innovative, and have a positive impact within their community. Explore first steps to developing a successful proposal. This working lunch will provide attendees with a set of questions which you can use to evaluate your concept for funding.
Writing a Winning Foundation Proposal
Six-part weekly series on Fridays, February 1 through March 8, 2013
Instructor: David Buchen, Grant Coordinator, RVC
Register by Friday, January 25
This program will provide the tools, training, and hands-on experience needed to write a successful foundation grant proposal ranging from $6,000 to $15,000. The series will provide a facilitated learning environment where each participant will develop a complete grant proposal over the course of six sessions. Each session will consist of classroom training and hands-on computer lab time.
Here Today, Here Tomorrow: Ten High Level Strategies for Growing and Sustaining your Nonprofit
Friday, April 12, 2013, 8:30 – 11:30 a.m.
Instructor: Frank Martinelli, President for the Center for Public Skills Training
Register by Friday, April 5
This workshop is designed for executives, senior management, board members, and volunteers committed to sustaining a mission-focused organization in difficult times. In this half-day workshop, you will learn how to begin transforming your organization for the future. Ten key strategies and practices will be addressed. For each of these key strategies, you will receive information tools and techniques along with opportunities to develop plans to apply them in your nonprofits.
For more information regarding these courses or other NICNE courses offered, please contact Karen Ream, Program and Membership Coordinator at 815-394-4384, or at email@example.com. You can also visit the website at http://www.rockford.edu/?NICNE_Events.
# # #
Rockford College is a four-year, co-educational institution founded in 1847 offering undergraduate and graduate degrees in traditional liberal arts and professional fields. The College offers approximately 80 majors, minors and concentrations, including the adult accelerated degree completion program for a B.S. in Management Studies. Through its Graduate Studies department, degrees are extended to include the Master of Arts in Business Administration (MBA) and Master of Arts in Teaching (MAT). Rockford College is home to one of only 11 Phi Beta Kappa (PBK) chapters in Illinois, the most prestigious honor society in the United States. Named by The Princeton Review as a Best Midwestern College and one of only 81 colleges in the nation as a "College with a Conscience," Rockford College currently serves approximately 1,250 full-and part-time students.
Rockford College announced on October 2, 2012 that it will officially change to Rockford University effective July 1, 2013. For more information on the College's transition, visit: http://www.rockford.edu/?UniversityStatus.
11/21/2014 » 12/12/2014PULLED: Art & Design of the Screen Printed Image
12/1/2014Student Music Recital
12/4/2014EDP: Seminar #6 - Conflict Management and Resolution
12/4/2014NICNE Customer Service Workshop
12/4/2014FORUM: Sports Management Symposium
11/20/2014Senior Development Officer and former mayor John McNamara honored with Hero of Homeless Award
11/20/2014'PULLED: Art & Design of the Screen Printed Image' art exhibit opens Nov. 21
11/13/2014English professor and poet Dr. Susan Porterfield works featured
10/30/2014Fall 2014 faculty activity features diverse work
10/27/2014Rockford University recognized for excellence in television advertising


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A day after we shared details, as well as the menu, of the restaurant Ryan Skeen will open in Harlem this week, the chef has already become an uptown spokesman of sorts. One Tweet: Heard this terrible rumor that Bruni didnt see a reason to eat in Harlem? I feel its [sic] about time to give him a reason to. And another: Fried Chicken in most Harlem restaurants is like steak at Lugers Steaks based off politics not quality, except for Amy Ruths I am shocked. Skeen doesnt have fried chicken on the menu, but he does have roasted black bass with quinoa, and you can see that dish, and more, in our slideshow.
Earlier: Ryan Skeen Gives New York Another Chance, This Time in Harlem


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Select () or exclude () categories to narrow your recipe search.
As you select categories, the number of matching recipes will update.
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1/1 Photo of Pesto Pasta Primavera With Shrimp
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LifeTrek Coaching International
Celebrate the Best for Exceptional Results
Mobile Site for: www.LifeTrekCoaching.com
Mobile Home • Weekly Provision • About
August 2012
LifeTrek Bulletin Board
1. REGISTER NOW FOR EVOCATIVE COACHING TRAINING. The September training cohort
launches on Wednesday, September 5, 2012 at 8:00 PM Eastern US Time, and we
already have several registrations for that. You can still register using this link:
September registration.
Sponsored by our affiliate, the Center for School Transformation, this training program does an excellent job of equipping school leaders, teachers, coaches, and others involved in relationship-based professional development to enhance your effectiveness and job satisfaction.
The training program will run for thirteen sessions, each about 90-minutes in length, not counting November 21, 2012. More sections will be offered as enrollment grows. For more information, visit the Training Tab on the Center's website. If you have any questions, we encourage you to submit the Contact Form on the School Transformation website. We look forward to hearing from you!
2. EVOCATIVE COACHING YOUTUBE VIDEOS. Interested in learning more about Evocative Coaching, our coaching model and training program for coaches in K-12 schools? You can visit our website, www.SchoolTransformation.com, as well as our YouTube Channel, where we have posted three video clips describing how the process works.
3. MAESTRO CONFERENCE. We teach Evocative Coaching using the Maestro Conference bridgeline. It is an amazing and yet simple technology that allows conference calls to break into dyads, triads, or any size breakout session. Once you experience it, you'll never go back to old-school conference lines where everyone has a microphone in one room together. Interested in checking it out? Learn more at www.MaestroConference.com.
4. LIFETREK ON KINDLE. Have you been wanting an easy and convenient way to read Provisions and other great material from LifeTrek Coaching while using your Amazon Kindle? Then look no further. Your dreams have been answered! You can now subscribe to Provision on your Amazon Kindle, along with extra coaching tidbits, for a small, monthly fee. I encourage you to give it a look. Subscribe Now.
5. CELEBRATEWELLNESS.COM. For more than ten years LifeTrek staff members have written Provisions and Pathways regarding health, wellness, and optimal well-being. Indeed, we love to coach people around meeting these existential needs! Our writings are archived at CelebrateWellness.com. We hope you will visit soon and often!
6. CELEBRATEEMPATHY.COM. To learn more about the process of honest expression and empathic reception, visit out latest Celebrate! website, CelebrateEmpathy.com. The site features resources and training opportunities in Nonviolent Communication (NVC).
7. CELEBRATECONGREGATIONS.COM. If you are involved with a church or congregation in need of transformation and renewal, Appreciative Inquiry and professional coaching provides a powerful combination for making things different. To learn more and to contact us for a possible consultation, visit CelebrateCongregations.com.
8. COACHING PROGRAMS. LifeTrek offers a full range of individual and group coaching programs. In addition to what you read every week in Provisions concerning your personal and professional development, did you know that LifeTrek also does a wide range of organizational development work and leadership coaching? For a good description of our other coaching programs, available to individuals and institutions, Click Here, or go to www.LifeTrekCoaching.com.
9. LISTENING E-BOOK & AUDIO SERIES. Bob Tschannen-Moran recently completed a series of Provisions on Listening that he has now turned into a 41-page e-Book together with an audio series that he recorded along with Margaret Moore from the Wellcoaches Corporation. In addition to learning the "10 Keys to Better Listening," this e-Book and Audio Series will enable you to appreciate the humor and insight of Bob's perspective and voice. If you're not ready to start work with a LifeTrek coach, this series on Listening is the next best thing. Working through the 10 Keys, and listening to the audio recording, will assist you to reap the personal and professional benefits of better listening. To order, visit our Online Catalog at www.LifeTrekCoaching.com/catalog.
10. VISIT THE LIFETREK ARCHIVES. Did you know that every Provision, Poem, and Pathway that has ever been produced by LifeTrek Coaching over the past five years (about a thousand pages of printed material) is archived on our Web site, with a convenient search engine so you can find exactly what you are looking for? We use this ourselves to make sure we don't repeat ourselves too often! Just visit our Web site, www.LifeTrekCoaching.com. and follow the appropriate links. Enjoy!
11. COACHING CHAT ROOM. For free on-line coaching, visit the LifeTrek Coaching Chat Room on the Web at www.LifeTrekCoaching.com/chat. If no coach is in the room, use the Mobile Feedback Form to arrange an appointment time.
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Professor Tracks Relationship between Politics, Art, and Human Rights in Argentina
October 29, 2010
Press Release #10-172
Her lecture will analyze the complex relationship between political policy, visual representation, and human rights in Argentina from the 1960s through the "dirty wars" of the 1970s and 1980s. Giunta specializes in modern and contemporary Latin American art, and is director of the CLAVIS_Center for Latin American Visual Studies at the University of Texas, Austin
St. Mary's College of Maryland, designated the Maryland state honors college in 1992, is ranked one of the best public liberal arts schools in the nation by U.S. News & World Report. More than 2,000 students attend the college, nestled on the St. Mary's River in Southern Maryland.
Category: Lectures and Talks
2014 St. Mary's County Exit Poll Results
Students Conduct County Exit Poll to Validate Election Results, Inform County Leaders
College Rankings and Special Recognitions
Arminta Stanfield
(240) 895-3073
Office of External Relations
18952 E. Fisher Road
St. Mary's City, Maryland


text: Sasquatch! 2014 Lineup Discussion May 22, 2014 19:31:57 GMT -5 Quote Select PostDeselect PostLink to PostMemberGive GiftBack to Top Post by gabfrab on May 22, 2014 19:31:57 GMT -5 Just bought a wristband off a high schooler for $120. This will be my first Sasquatch!. If ya see me say hi. I'll let you guess which person I am.


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The Cessna 172 stalled approximately 17 feet agl during a short field landing demonstrated by a certified flight instructor (CFI) to a student pilot. The CFI stated that the winds were from 180 degrees and that the airplane encountered wind shear due to trees while landing on runway 22 (2,784 feet by 40 feet). Winds were recorded 11 nm north-northeast of the accident site to be 160 degrees at 21 knots gusting to 26 knots resulting in a crosswind component of 14 knots gusting to 18 knots. Later models of the Cessna 172 have a demonstrated crosswind component of 15 knots.
The National Transportation Safety Board determines the probable cause(s) of this accident to be:
Index for Feb2002 | Index of months


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UMF Honey Association's Market Verification campaign
Grocery and health food stores across the world are familiar with the high retail prices that manuka honey can command. The UMF® Honey Association, an organization which verifies and validates Manuka Honey, is here to tell you why it's important to look for the UMF® trademark and give you free marketing tools to help educate your shoppers.
About Manuka Honey
About UMF®
How can I communicate this message to my shoppers?
What else can I do?
Find out more
Manuka Honey is a unique natural product made by bees visiting Manuka flowers native to New Zealand. Scientific research has shown that it has qualities not found in other honey varieties.
While other honeys might have a degree of activity when first extracted from the hive (derived from hydrogen peroxide), it is not stable; by the time the honey reaches the consumer's table most of this quality is gone. Manuka Honey is different: it has a further activity (a non peroxide activity or NPA) which is stable and not affected by light or moderate heat. It is the NPA which is responsible for the much-talked-about health benefits of Manuka Honey.
NPA cannot be seen and it cannot be tasted, so the consumer – and the retailer – is totally reliant on the supplier to accurately and honestly label the product. However not all Manuka honey contains this special NPA quality. The UMF® Honey Association is an organization which has set up independent verification testing of Manuka honey.
About UMF®
If you stock UMF® Manuka Honey you can be confident that the product inside is true to label. There is an independent, internationally recognised verification programme that provides you with the opportunity to verify label claims. The label claim is to a level of Non-Peroxide Activity, a standard which compares the NPA of the honey using phenol (a widely used antiseptic) as a comparative standard. For example UMF® 12+ manuka honey has the equivalent non-peroxide activity as a 12% phenol solution.
The UMF® Honey Association is here to protect the consumer against fraudulent and adulterated products. To help retailers to champion UMF® Manuka honey, the Association has produced a FREE marketing pack with posters, pop-up "tent" cards for your windows and point-of-sale literature to communicate to shoppers the importance of purchasing Manuka honey that is true-to-label and bears the internationally recognised UMF® quality trademark (please see below for details about how to apply for a marketing pack).
To further inspire confidence in their suppliers, the Association wishes to empower UK retailers to test their honey and determine that all the honey they stock is true-to-label.
As such, the UMF® Honey Association has forged links to the UK government's leading independent biological and chemical analysis laboratory Fera (The Food and Environment Research Agency). Retailers will have the chance to submit honey for testing to distinguish the honey's true composition and geographical origin, thus protecting the consumer from adulterated or fraudulent products. Further details of submission protocol and pricing can be found in our Market Verification campaign marketing pack.
Find out more?
The UMF® Honey Association wants retailers to feel confident they can provide robust evidence to support labelling claims of all the products they sell. The association also wish to highlight that if honey carries the UMF® quality trademark the retailer can confidently tell consumers they are purchasing a safe, high quality product which offers the health benefits associated with verified NPA levels in Manuka Honey.
To request a free marketing pack or further details of Fera's honey submission protocol, please contact the General Manager at email@example.com.


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Rather than post the usual links without commentary, I'm going to address something that's been going on as of late.
Right now I'm sitting here listening to British Sea Power and I feel like a fraud.
Yeah, I do. I've been into beauty since I was a little girl and have been an officially licensed member of the beauty industry for many years now. Did you know that in the state of California, you only need 600 hours to be able to take your test for your esthetician's license? In some states, you need even less hours. I should have read about the 10000 hour rule while I was in beauty school.
Maybe I took off in the wrong direction in starting this site. I think that I need to practice what I preach and actually "put on a little makeup"? I'm not using makeup every day (oh, the horror).
In my mind, I think that I look like the woman in the avatar on the right. Most of the time, I used to, I think? There's been this whole aging situation as I'm pushing 38 in June. Sometimes wonder if I do have one foot in the grave and should just throw in the towel with this beauty blog thing? If I listened to society at full volume, that might be true. However, I've been on the fringes of participation in societal norms.
Something happened the other day that was really a bit much for me. A blogger that I've been following for years asked her readers on Facebook if they wanted her to write about aging the other day. She's under 30, puts up glamorously staged photo shoots frequently "just because", and heavily Photoshops said pictures. I'm not knocking her or her army. Thank goodness it's a free country, but my opinion is that it's almost insulting that she would write about aging. Are we such a youth obsessed society that a 27 or 28 year old is considered an absolute authority on matters such as aging?
I am grateful that I am lucky enough to stay at home with babes and also go to school full-time. We are healthy and relatively happy and things could be so very different. Meanwhile, here's are some pics from our walk the other day. Coco and I do our best to get out of the house daily, weather permitting. We walk around the lagoon and watch the fowl. There are so many ducks, seagulls, crows/ravens, and other birds and I try to document them accordingly.
So with the limited time that I do have in between Coco and studying computer science and marketing, I've been hanging out over at Scary Mommy on the boards there. I've not made any confessions yet, although I can certainly relate to some of them.
As far as beauty goes, I've also got the identity crisis in that I'm growing out what has become my signature look in this hair color. It's time to see what my other options are, besides super duper high maintenance. My natural curl falls between Nicole Kidman in Days of Thunder and SJP in Square Pegs, so there's that, too. Think super uber-frizz. I'm excited that I get to see Nicole, my stylist, on Monday and discuss the possibilities of what I can realistically do during this growing out transition.
It's weird to be concerned and even preoccupied with these things when there are larger concerns in the world, such as Trayvon Martin, the economy, the tragic death of a small child, the palm oil and Orangutans horrors, and everything else.
One has to do the best that they can, though, and with that, I leave you with two quotes of the day:
"If you're going to be crazy, you have to get paid for it or else you're going to be locked up." – Hunter S. Thompson
"There is no salvation in becoming adapted to a world which is crazy." – Henry Miller
Have a great weekend.
- Lisa


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Leslie by Tony Bowls in Black
Jeweled platform sandal with adjustable ankle strap and 5.5" heel.
Unfortunately, the dress you are looking for (
Style: FO-55086
Name: Leslie by Tony Bowls in Black
) is no longer available at PromGirl.
Don't worry, we have lots more dresses to choose from! See below for other suggestions that we think you will love!


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Valentino; lover of Downton Abbey, the Queen and all things British, except, it seems, our tendency to head out to the theatre looking like the great unwashed. The designer told journalists: 'What disturbed me a lot, I can tell you is when I go to the theatre in New York or London- less in France or Italy. I start to look around and suddenly I saw a person in front of me. I swear to God, in a T-shirt, not very well cut. Not very clean. And Bermuda shorts and flip-flops.'
Oh my, the horror….
Hmmmm, is anyone else feeling a little sheepish? Unlike Valentino, there might have been the odd occasion when I have slipped on a pair of trainers at the end of my working day and raced to the theatre in the same crumpled clothes I've been sitting at my desk in all day. I don't imagine that he arrives wild-eyed and clasping a scrunched up budget ticket either- but such is life.
I'm told that expecting to be collected from work by a chauffeur and carriage, and delivered; still fragrant and immaculate at the door of the Royal Opera House, is a bit high maintenance in this day and age. No one is sadder about this than I am. However, Valentino has a point. Going to see a show is still an occasion and getting it right can be a sartorial balancing act; no one wants to turn up dressed looking like Waynetta slob but don a fur coat and make like the Dowager Duchess and you will look like you need to get out more.
To help, Grazia has drawn up some basic guidelines to bear in mind when 'doing culture'
Don't under-dress
- Flip flops (The man has a point. Displaying a thong- of any variety- is unacceptable)
- Daisy Dukes (not the time or the place)
- Jeggings (please, this is high-brow, no name fusing)
- Beanies (you need your ears to hear)
Don't over-dress
- Evening gowns (yes it's fun to dress up but this is a step too far)
- Tiaras/ Diadem (as above)
- Creative hats or fascinators (you won't be popular with people behind you)
- Corsets (best left to those on stage)
Jeans are acceptable since the English National Opera announced that it would encourage audience members to wear them to some performances, but you might want to dress them up a bit. Avoid body-con- way too sexy unless Jude Law's on stage (and then everyone knows what you're up to). Remember, this is one of the few occasions when it's acceptable to bring out your binoculars in public.
Now, just try not to fall asleep, wake yourself with a snore and shout out that you may as well be in front of the telly- as veteran director, Sir Peter Hall, did recently. Not. Good. Form.


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The pilot had been herding cattle with his helicopter and was returning home, when the helicopter impacted an electrical transmission wire, 25 feet 3 inches above the ground. The wire was oriented 085-265 degrees, and the pilot's flight path was 220 degrees. At the time of the accident, the sun's altitude was 18 degrees above the horizon, and its azimuth was 133 degrees east of north.
The National Transportation Safety Board determines the probable cause(s) of this accident to be:
Index for Dec1998 | Index of months


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Final day fruitless for Marussia
|K. Kobayashi
|P. Maldonado
|P. di Resta
24 February 2012 – Following the opening three days of the first Barcelona test where Marussia were running their 2011 car, the team from Rotherham spent the entire final day in the garage after an issue with damaged suspension.
Charles Pic was due to drive for the third time, working on race simulations but the team decided to end the day early after inspecting the part and subsequently not having a replacement.
Marussia have now decided to concentrate on their 2012 machine, the MR-01which is due to be released at next week's final pre-season event at Barcelona.
Team Principal, John Booth commented on the situation: "It's a real shame that after three very positive days with the car we've encountered this issue on the final day," he stated. We can't be too downhearted though, having achieved over 1500kms of near faultless running from a car that has served us so well from a reliability perspective.
"Aside from further mileage for Charles there was nothing more to be gained from our programme to aid our development and we now switch focus to the 2012 car," he continued.
"I'd like to thank the team and our two drivers Timo (Glock) and Charles (Pic) for an excellent start to our pre-season preparations. We are in excellent shape in terms of our trackside operation and this will stand us in good stead for the season."


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CMake, a build tool
|Regis Vincent
|Artificial Intelligence Center, SRI International
|[Home Page]
Date: 2009-08-13 at 16:00
Location: EJ228 (SRI E building) (Directions)
CMake is an incredible build system that does all the work for you. I have always found that build systems where cumbersome and incomplete. How useful is a build system if at the end you can't build a release in the format the user expects? CMake is designed to solve the problem from the library dependency to the documentation generation and to the packaging. We have been using CMake for over 4 months with the Karto project and it has been a great investment. During this talk, I will present you the concept of CMake and show you how using CMake we produce a release in a DMG for Mac OS X, self-installer for Windows, tar.gz or RMP for Linux from the same tool. CMake is designed to handle C/C++ and Java files, I will focus on the C++ compilation.
Dr. Vincent received his Ph.D. from the University of Nice and INRIA Sophia-Antipolis, France in 1997.
Currently he is leading the commercial team in the AIC. One of his project is (Karto).
Before joining SRI, he has worked for 5 years at the University of Massachusetts as Senior Research Fellow at the Multi Agent System Lab with Professor Victor Lesser.
Dr. Vincent has been a reviewer for the following journals: IEEE Transactions on Parallel and Distributed Systems, Autonomous Agents and multi-agent systems Journal and the Journal of Robotics and Autonomous Systems.
Please arrive at least 10 minutes early in order to sign in and be escorted to the conference room. SRI is located at 333 Ravenswood Avenue in Menlo Park. Visitors may park in the visitors lot in front of Building E, and should follow the instructions by the lobby phone to be escorted to the meeting room. Detailed directions to SRI, as well as maps, are available from the Visiting AIC web page.
©2014 SRI International 333 Ravenswood Avenue, Menlo Park, CA 94025-3493
SRI International is an independent, nonprofit corporation. Privacy policy


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Photo Credit: Dewey Nicks for The New York Times
Currently making its way around the web is a slow-motion video showcasing tennis phenoms like Serena Williams and Kim Clijsters hitting balls while wearing outfits small enough to fit in a Wilson canister. The New York Times' "Women Who Hit Hard" video gallery originally appeared as part of a larger feature story called "How Power Has Transformed Women's Tennis" and was, it seems, created in an effort to showcase the grace, power and agility these athletic phenomenon possess.
But some viewers are crying foul, asserting that the videos are exploitative, casting female athletes as sex objects – a not-uncommon occurrence in tennis (remember the hubbub at Wimbledon last year, when the more conventionally attractive players netted center court time, while those deeming not-so-easy on eyes were relegated to lesser-seen courts?)
True, some of the shots seem a bit gratuitous. For example, Clijsters lunges for a ball, ending in a wide middle split; Samatha Stosur wears a comically unsupportive strapless nude bandeau bra that wouldn't contain my small Bs on a bumpy bus ride, let alone in a professional tennis match. (I will admit, I was momentarily intoxicated by Stosur's breasts as they moved in super slo-mo; it reminded me of the 2007 research out of England that showed that when women run, our breasts bounce in a figure-8 pattern -- travelling up to eight inches to and fro in some cases. There's actually an online lingerie store called HerRoom.com where you click on a bra -- Champion, Donna Karan, Moving Comfort -- and a headless model appears on the screen, clad in the garment you picked. Then, she (the torso) starts jogging in place, allowing you to see exactly her boobs bounce. Which, you may then infer, is how your boobs will bounce in that same garment. Talk about becoming an informed consumer!)
But my overall impression of the video was not one of anger or disappointment. Rather, I found the shots to be mesmerizingly beautiful, capturing subtle nuances not normally witnessed by audience members, like Victoria Azarenka's masterful breath control, or Williams' intense gaze. Do we see their breasts bouncing and hair tossing like a Pantene models'? Sure we do. But it's simply not done in a lascivious or leering way. Much like porn is hard to define – you know it when you see it – the video gallery just isn't striking a misogynistic chord with me.
In fact, one could argue that the images are inspiring, motivating women to work out harder and pursue their passions to the fullest.
Besides, women aren't the only ones being featured in gloriously slow motion: Check out Roger Federer in this Rolex ad.
What do you think of the tennis video? Chime in below.
Like this? Read these.
-The Naked Photo Everyone's Talking About
-Would You Take Body Image Advice from Miss Universe?
-The Body Hair Debate: ARe You a Kim Kardashian or a Mo'Nique?


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About Us
Chemistry Division serves the Laboratory's core national security mission areas of weapons science and threat reduction with innovative chemical science and technology. Our capabilities are also essential for the emerging mission areas of energy security, civilian-sector R&D, and industrial partnering. Chemistry capabilities include analytical chemistry and measurement science; physical chemistry and molecular spectroscopy; isotope and actinide science; nuclear and radiochemistry; nanoscience; material processing and characterization; and chemical engineering. Please visit our Research Highlights.
Please explore our web pages so that you may get to know us better. If you have questions concerning any of the technologies or capabilities described on these pages, please either contact the appropriate group leader or the Chemistry division office.
News from Chemistry
Los Alamos leads Energy Frontier Research Center project
DOE Secretary Ernest Moniz announced the awarding of $100 million from the Office of Science for Energy Frontier Research Centers (EFRCs) to accelerate the scientific breakthroughs needed to build the 21st-century energy economy. 7/9/14
Using Ionic Liquids to Extract Neptunium—Pathways to Nuclear Recycling
New Los Alamos approach may be key to quantum dot solar cells with real gains in efficiency
Researchers have demonstrated an almost four-fold boost of the carrier multiplication yield with nanoengineered quantum dots. 6/18/14


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Snohomish on the Rocks Distillery Festival
Snohomish Events Center
1011 Second Street
Snohomish, WA
Join us as we celebrate the growing distillery industry. Come meet the distillers and sample their products and learn about the art of creating spirits from the distillers themselves. Tickets are $25/person. Guests receive 5 tasting tickets, food samples and live entertainment.
Guests will also be able to purchase signature drinks created by the distiller's themselves at the Signature Bar. Beer, Wine and soda will also be available for purchase.
Buy tickets at www.SnohomishRocks.com
FEATURING: Black Sam Distillery, Bluewater Distilling, broVo Spirits, Heritage Distilling, It's Five Artisan Distillery, Pacific Distilling, Parliament Distillery, Project V, Sidetrack Distillery, Skip Rock Distillers, Sodo Spirits, Sound Spirits, Woodinville Whiskey, Dark Moon Artisan Distillery, Dry County, and more…
Each distiller will offer their spirit straight which you can use your tasting tickets for or there will be a signature bar featuring a signature cocktail from each participating distillery!
Proceeds from the event support GROW Washington a 501(c)3 not for profit organization.