text:
1202 W. 19th St., San Bernardino, CA 92411
- $235,000
- reduced $9,000 on 11/17/2016
- 62 Days on site
- Est: $871/month
Estimate Your Monthly Payment
Data provided by Informa Research Services. Payments do not include amounts for taxes and insurance premiums. The actual payment obligation will be greater if taxes and insurance are included. Click here for more information on rates and product details.
- Mortgage Center
- Beds: 3
- Baths: 2 Full
- Single Family Home
- 1,284 sq ft
A great single story family home that has been updated and renovated. Located on a nice size, corner lot near shopping and freeway access. This home has been fleshly painted inside and out with custom colors. The beautiful new laminate wood flooring and tile in the bathrooms and kitchen makes this a dream come true. The kitchen has room for a good size kitchen table, and sparkles with granite counter tops, and designer backslash. The three bedroom and two bathroom home is a perfect size. Both bathrooms have been totally redone and yes the master bedroom has direct access to one of them. A major plus is the home now has a brand new central air conditioner and force heat system! Come take a peek- It is ready to go and just needs your personal touches to make it home! Click here to learn more about this listing.
- Year Built: 1966
- 62 Days on site
- Single Family Home
- Beds: 3
- Baths: 2 Full
Listing Details
- Kitchen
- Yes
- Living Room
- Yes
- Appliances
- Dishwasher, Disposal
- Flooring
- Ceramic, Parquet
- Lot Features
- Mountain View
- Lot Size
- Approximately 7405 Square Feet
- Parking
- Garage, Parking Space(1)
- Roof
- Composition Roof
- Features
- Lawn Sprinkler System, Stucco Exterior
- Cooling
- Central Air, Central Cooling
- Heating
- Furnace Heat
- Assessed Taxable Amount
- $42,816
- Tax Amount
- $470
- Last Transaction Date
- 09/06/2016
- Last Transaction Purchase Price
- $150,000
- Property Type
- Single Family Residence
- Bedrooms
- 3
- Bathrooms
- 2
- Rooms
- 5
- Floors
- 1
- Home Size (Sqft)
- 1,284
- Lot Size (Sqft)
- 7,470
- Lot Size (Acres)
- 0.17
- Year Built
- 1966
- Units
- 1
- Parking
- Garage
- Heating System
- Floor/Wall
- Cooling System
- Evaporative
Public Facts: As provided by County Assessor and Recorder offices. May not reflect recent additions or improvements. If you see any errors, the best way to get the records updated is to contact your local county records office. If any of the information in this section conflicts with property information provided by a listing agent or broker, agent-provided information should be deemed more reliable.
Local Info
| Median Household Income
| Median Years In Residence
| Median Homeowner Age
| Households with Children
| Percent of Homes Rented
Nearby Elementary Schools
- Roosevelt Elementary
- 1554 Garner Ave
- Dr. Mildred Dalton Henry Elementary
- 1250 W 14th St
- Davidson Elementary
- 2844 Davidson Ave
Nearby Middle Schools
- Arrowview Middle
- 2299 N G St
- Martin Luther King Jr. Middle
- 1250 Medical Center Dr
- Holy Rosary Academy
- 2620 N Arrowhead Ave
Nearby High Schools
- San Bernardino High
- 1850 N E St
- Asa Charter
- 3512 N E St
These are the closest schools to your requested location. Proximity does not guarantee enrollment eligibility. Please consult your real estate agent or school district to confirm the schools you are zoned to attend.
Mortgage Rates
Data provided by Informa Research Services. Payments do not include amounts for taxes and insurance premiums. The actual payment obligation will be greater if taxes and insurance are included. Click here for more information on rates and product details.
Property Contact Info
Need More Information?
Please fill out this form to request more photos or more information regarding this property.


text:
By applying recent trends in literary and language theory to a range of 20th Century fiction, the contributors to this text make new theoretical insights available to student readers. The analytical and interpretive strategies examined in this book are not intended to be prescriptive, rather they are presented in such a way as to facilitate critical reading and evaluation. The essays, which are arranged into three groups and which focus on the textual level, narrative and context, look at a wide range of Twentieth Century authors including Fowles, Foster, Lessing and Woolf. In addition, this student-friendly text includes a detailed subject index, a full glossary and helpful suggestions for further reading. Aimed at beginning students of English Language and Literature and Applied Linguistics, and advanced students of English as a Foreign or Second Language, 20th Century Fiction provides an essential introduction to the subject which is both sensitive and enabling.Even with quite specific information and instructions - as supplied above - writers (you, or Raymond Carver) have umpteen ... at the couplea#39;s house) which the teller can use in the immediately following paragraphs to fill in relevant background.
|Twentieth-century Fiction
|Peter Verdonk, Jean Jacques Weber
|Psychology Press - 1995

subset: commoncrawl


text:
New Jersey Nets vs. Washington Wizards: NBA 2008-09 Season Opener
* Additional fees apply. No coupon or promo codes necessary to enjoy the displayed discount price.
The last date listed for New Jersey Nets vs. Washington Wizards: NBA 2008-09 Season Opener was Wednesday October 29, 2008 / 7:00pm.
Currently at Verizon Center
Monster Jam Triple Threat Series: Monster Truck Racing & Freestyle Competition
- Full Price:
- $28
- Our Price:
- $16
Monster Jam, the world's largest and most famous monster-truck tour, rumbles its way into Verizon… More
Venue Details
Reviews & Ratings
Featured review from Mikini N WilliamsRed Velvet
view more less of this review
The seats were fantastic! We were extremely close to all the action. I was also happy that New Jersey won!
star this review starred report as inappropriate
Wizards fans were largely apathetic to their performance.
star this review starred report as inappropriate
Good seats and plenty of action.
star this review starred report as inappropriate
Seats were great, would have LOVED my experience if my team had won!
The Washington Wizards kick off the new NBA season with a game against the New Jersey Nets. The Wizards overcame injuries to star guard Gilbert Arenas to make last year's playoffs. "Agent Zero" is back at full strength this year, and he, Caron Butler, Antawn Jamison, and the rest of the Wizards are primed to build on last year's success.


text:
Appoint Group Vacancy
Position: Deputy Manager
Location: A new learning disability provision in Middlesbrough providing 24 hour care and support.
Salary: £35,000 - £40,000 per annum
Full-time hours on a permanent basis
This great company supports adults living with a learning disability or autism with complex needs across 23 specialist health and social care settings in the UK.
As the Deputy Manager you will contribute to the effective and efficient day to day leadership and management of the service. We are looking for exceptional people who are dedicated, professional, capable and competent, most importantly, who always put the service user at the centre of all they do.
The successful candidate will have:
- RMN/RNLD or other equivalent qualifications
- Ideally a minimum of 3 years post registration experience in Learning Disabilities and/or psychiatry at Senior level in addition to relevant management experience and/or training
- At least 5 years experience of working with people with learning disabilities including patients detained under the Mental Health Act
- Pension Contribution
- Death in service one time annual salary
- Career Progression
- 25 days annual leave
- CPD - range of training available
To apply or to have an informal discussion regarding this role, please send your updated CV to email@example.com or call Iona on 01489 774 216.
Applications will be strictly confidential.


text: A reader writes: Asking for prayer for a friend who is a relatively recent convert. She and her family have been under constant spiritual attack since they converted 3 years ago, and she is ready to give up on God and on the Church. Please pray for her mental, spiritual, and physical safety and protection. [Read More…]


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3 Bedroom For Sale
Wood Lane, Kingswear, Dartmouth, TQ6
The master bedroom with en-suite (with under floor heating) is on the first floor where there are even better views across the Dart. There are two very useful storage rooms in the basement that could potentially be developed into additional accommodation subject to...
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text:
Aidan Norvez, Brooklyn Technical High School Senior, Missing Since Thursday
Aidan Norvez
On Thursday, May 15, 18-year old Aidan Norvez had just finished an AP Econ exam, one of the last tests of his high school career, and he headed to Central Park with his friends to celebrate. But Norvez, who is scheduled to graduate one month from now, never came home from the park.
The teenager is a type 1, insulin-dependent diabetic, and his family believes he was not wearing his medic alert bracelet on Thursday. He did not have his phone with him either.
Since then, Norvez's family and friends have mounted social media campaigns on Facebook, where classmates and friends are organizing a massive multi-borough search scheduled for Monday afternoon; on Tumblr, where Norvez's friends and family are appealing for help, and on Reddit, where one user may have spotted Norvez getting off of the train at 34th Street-Penn Station on Thursday.
Asked if he had any theories on his son's disappearance, Claude Norvez told NY1, "I don't know. He's got a lot of a stresses in his life right now, with college and considering going to the seminary. I really don't know. I honestly don't know. I'm hoping for the best."
Upcoming Events
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TicketsTue., Dec. 6, 7:00pm
2016 Jimmy V Classic
TicketsTue., Dec. 6, 7:00pm
Seton Hall Pirates Womens Basketball vs. LIU Brooklyn Blackbirds Women's Basketball
TicketsWed., Dec. 7, 11:30am
Brooklyn Nets vs. Denver Nuggets
TicketsWed., Dec. 7, 7:30pm
Norvez is 5 foot, 11 inches tall and weighs 130 pounds, with brown hair and brown eyes. He was last seen around 4 p.m. on Thursday afternoon at W. 4th Street station. He wearing a Doctor Who t-shirt, jeans and a black sweatshirt at the time.
Anyone who might have information is asked to call the 104th Precinct Detective Squad 718-386-2723.
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TicketsMon., Dec. 5, 6:30pm
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TicketsMon., Dec. 5, 8:30pm
Sponsor Content


text:
Scope of work:
General manger Marketing & Sales will be responsible for Planning & Executing of all the Marketing & Sales activities of the organization.
Main Expectation from this position is to Maximize Sales & Revenue by coordinating and motivating Sales Team. Hell be responsible for Market development of Bio product and services of the company.
Key Responsibilities Area:
Responsible for the Sales & Marketing activities of the organization.
Planning plus executing of Sales & Marketing Activities for all the Products and Services.
Establishment of Dealers/Distributors/Clients and Institutional marketing & Sales procedure set up.
Independently handle the team members to deliver results on a timely basis and in a Professional manner.
Providing leadership and Inspiration to the Marketing & Sales Officers to achieve their goals and objective.
Regular Meetings / Interaction with the Sales Officers, Field Officer for solving the problems related to product and services.
To push sales team for Sales and timely payment recovery from clients.
Collect a Detail Reports and communicate to management on Daily, Weekly and Monthly basis.
Maintain record of all the reports product wise and sales wise.
Maintaining Meeting Agenda for DSR, Weekly & monthly Meetings with team and Management.
Implement Customer Relationship Activities on regular basis.
Taking review of the product development in Market.
Coordinating with other Adverting Agencies, PR Companies & other Departments to create awareness.
Assist Management team to design Print Media, Marketing Brochure and Materials for branding Activities.
Create and Maintain Prospective Client Database for various / future products.
Market survey and collection of new ideas/products/schemes from market by keeping close eye on Competitors.
Meetings with Distributors, Dealers and even with High Net worth Farmers.
Co-ordination with Accounts Dept. for Order Processing and Invoice.
Over see the Dispatch / Delivery Process to the Clients.
Attend, Organise & Represent various events, exhibitions and Trade show.
Conduct & Deliver Seminars to create awareness of the product and services of co.
Co-ordinate with HR / Admin Dept. for recruitment, appointment of the sales & Marketing Team.
Provide Sales Training, Product Training to the new Joinies / sales team members.
Ensure, smooth operations and co-ordination of entire Marketing Dept. with all other department and Management team members.
Co-ordinate sales team for collection.
Complaint handling and Grievances management.
Desired Candidate Profile:
Qualification: MBA, Marketing + Any graduate (Candidate from B Sc. Background will be preferred)
Work Experience: Preferably 10 to 15 yrs experienced in Bio Tech / Fertilizers/ Agro Industry/ Relevant Experience
Age 35 to 45 Years (Exception for right candidates);
Gender: Male
Strong Managerial Skills of People Management with Can do Attitude
Excellent in Sales Planning & Business Development Activities.
Should be Able to understand the Customer, Market and Its needs
Good Communication Skills English, Marathi and Hindi
Target & Result Oriented approach.
Knowledge of current Agricultural Market, Seasons and products.
Should always open for travel and taking


text:
what is power?
what is authority?
what is legitimacy?
what is consent?
what is sovereignty?
what is a referendum?
give 3 examples
advantages of a referendum
disadvantages of a referndum
what is democracy?
what is direct democracy with adv. & dis adv.
what is representative democracy, adv. and dis adv.
Created by Abbie Shaw over 1 year ago


text:
Nutty French Toast
Total Time
1hr 15mins
Prep 15 mins
Cook 1 hr
"This sweet treat is a cross of caramel rolls and French toast. It's easy to begin the night before" -From Taste of Home
Ingredients Nutrition
- 12 slices French bread (1 inch thick)
- 8 eggs
- 2 cups milk
- 2 teaspoons vanilla extract
- 1⁄2 teaspoon ground cinnamon
- 3⁄4 cup butter, softened
- 1 1⁄3 cups packed brown sugar
- 3 tablespoons dark corn syrup
- 1 cup chopped walnuts
- Place bread in a greased 13 x 9 x 2 inch baking dish. In a large bowl, beat eggs, milk, vanilla and cinnamon; pour over the bread. Cover and refrigerate overnight. Remove from the refrigerator 30 minutes before baking.
- Meanwhile, in a mixing bowl, cream butter, sugar and syrup until smooth; spread over bread. Sprinkle with nuts. Bake, uncovered, at 350 for 1 hour or until golden brown.


text:
STATE BANK OF TRAVANCORE RTGS HO Branch in SULTHANBATHERY - Address, IFSC, MICR Code
SBTR0000597MICR Code
DOOR NO.N/1/588 CHULLIYODE P.O. 673592 firstname.lastname@example.com
What is IFSC Code of STATE BANK OF TRAVANCORE situated at CHULLIYODE- RTGS-HO?
IFSC Code of STATE BANK OF TRAVANCORE situated at CHULLIYODE - RTGS-HO is
What is the meaning of IFSC Code, MICR Codes in Banking industry?
IFSC or Indian Financial System Code is the code allocated to all banks branches. Bank branches use this code to participate in RTGS and NEFT transactions.
What is the significance of IFSC Code and how we can use it?
IFSC Code is a 11 digit code and we can use this code to communicate between different branches of different banks. Upon receiving the request for fund transfer it is easy for a bank to identify the payee branch. First four characters are code of bank, last six digits are branch code and fifth character is left 0, for any future use.


text:
Skydiggers 2016
Skydiggers Concert dates
You are intended to attend Skydiggers event as it comes close to your home. And of course, the event is appearing in Toronto. Visit our website and get top Skydiggers tickets at low prices unavailable within other websites. Cheap Skydiggers tickets are our specialty, so profit of the chance!
Skydiggers tour dates
2015 Past Events
Toronto Urban Roots Fest - 3 Day Pass
Sep 16, 2015 To Sep 16, 2015
Fort York at Garrison Commons
Toronto, ON , Canada
Toronto, ON , Canada


text:
Make a statement with on-trend decor pieces.
Your coupon will be applied to the highest regular-price, eligible item in your cart.
Offer good for one item at regular price only. Limit one coupon per customer per day. Must present coupon at time of purchase. Offer is not valid with any other coupon, discount or previous purchase. One cut or one bolt of fabric or trim "by the yard" equals one item. Online fabric & trim discount is limited to 10 yards, single cut. Excludes Heidi Swapp™ Minc.™ Foil Applicator, CRICUT® products, Gemini Machine™ Crafters Companion, Silhouette CAMEO® Machine, candy & snack products, gum & mints, helium tanks, gift cards, custom orders, special orders, labor, rentals or class fees. Cash Value 1/10¢.
Make a statement with on-trend decor pieces.
The makings of holiday memories start here.
Fabric for your DIYs - stuffable and otherwise.
Unwrap happiness with papercrafted goodies.
Greet the season with foliage and flowers.
Everything for holiday baking and party making.
Get the supplies every artist is pining for.
Cozy on up to all sorts of needle art lovelies.
Put the finishing touches on Christmas.
Because handmade is what's in.
Time to match accessories to your personality.
String together your creativity and watch it turn from imagination into reality! #550 Parachute Cord is perfect for a variety of projects. Create your own funky shoe laces, make bracelets and necklaces, switch out simple drawstrings on bags for something more colorful, and do so much more!
ACU DigitalSelect
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Send me an email when it's back in stock.
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text:
At this age, I think I would have been less concerned about having "vagina wash" on my head and more concerned that my dad was taping me in the shower, but I guess every family is different!
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» posted by Bmad on Wednesday, October 21st, 2009
I'd be more concerned that the sister was in there with him then the father!!! Does this kd know about privacy?
» posted by Bob | October 23rd, 2009 at 10:21 AM
"Wesley has a VAGINA HEAD… Your brother is stupid"
» posted by max | October 22nd, 2009 at 1:50 AM
such a non-story. but really, why is the dad calling his son a vagina head?
» posted by chinney | October 21st, 2009 at 11:45 AM
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August 7, 2008
NAOKO ITO, ET AL., PLAINTIFFS,v.BRIGHTON/SHAW, INC., ET AL., DEFENDANTS.
MEMORANDUM OPINION AND ORDER GRANTING IN PART AND DENYING IN PART CROSS-DEFENDANT CRAIG DAVIS' MOTION FOR SUMMARY JUDGMENT (Document # 142) AND RELATED CROSS-CLAIMS
This case comes before the Court on a motion for summary judgment or, in the alternative, partial summary judgment brought by Defendant and Cross-Defendant Craig Davis ("Davis"). Davis seeks summary judgment in his favor on a cross-claim brought against him by Defendant and Cross-Claimant Robert Carson ("Carson") on December 3, 2007. For the reasons that follow, the motion for summary judgment will be granted in part and denied in part.
In May 1994, the Brighton Hills Limited Partnership ("Brighton Hills") was formed, with Carson as General Partner, to own and invest in real property located in the County of Fresno, California. Between 2001 and 2002, Carson became engaged in a dispute with the limited partners in Brighton Hills over his actions as General Partner. Carson retained Davis as an attorney to represent him in the dispute and also to assist him with a transfer of property in Brighton Hills. After a series of negotiations, Carson entered into a Mutual Release, Assignment & Indemnity Agreement with Brighton Hills in or around May 2002.
In or around March 2002, a few months before the agreement was signed, Davis assisted Carson with the purported assignments of twelve disputed partnership units in Brighton Hills. In 1996, Japanese investors Fumitoshi Ito ("Ito") and Shizuo Miyoshi ("Miyoshi") had each transferred $1,000,000 to Carson to be put toward a group referred to as "IQ Properties," which was to provide them with an interest equal to 12 partnership units in Brighton Hills. However, on March 21, 2002, Carson, with the legal assistance of Davis, arranged for John Quiring ("Quiring"), as "Authorized Partner" of IQ Properties, to purportedly assign those twelve units in Brighton Hills to Carson personally. Four days later, on March 25, 2002, Carson, again with the legal assistance of Davis, purportedly assigned seven of those twelve units (later reduced to five) to Davis and his wife Cindy Davis ("Cindy"), as joint tenants. Both assignments took place without the knowledge, consent or approval of Ito or Miyoshi and neither Ito nor Miyoshi received any compensation or return on their investment before or after the assignments.
Carson executed both assignments in his capacity as General Partner of Brighton Hills. On or around May 30, 2002, after signing the agreement, Carson resigned as the General Partner of Brighton Hills and Brighton/Shaw, Inc. ("Brighton/Shaw") became the General Partner in his place.
On August 25, 2006, the heirs and successors in interest to Ito and Miyoshi, Naoko Ito, Toshie Ito, Takafumi Ito, Michiko Morinaga and Kimiko Miyoshi Price ("Plaintiffs"), filed a complaint in this Court with seven causes of action stemming from alleged fraudulent activity involving the twelve limited partnership units of Brighton Hills in which Ito and Miyoshi held interests. Since then, some defendants have been dismissed from the action and other defendants have initiated cross-claims and counter-claims.
On December 3, 2007, Carson filed an amended cross-claim against Davis and Brighton Hills. Carson alleged that Davis conducted legal malpractice when he acted as Carson's attorney for the transfer of the disputed partnership units in Brighton Hills and the subsequent litigation involving the units. Carson claimed that Davis's actions were self-interested and breached numerous duties of care owed to him. Carson also claimed that Davis breached an agreement to perform legal services for Carson related to claims against the disputed units. Accordingly, Carson brought the following causes of action against Davis, for which he requested compensatory damages, punitive damages and costs: (1) professional malpractice; (2) breach of fiduciary duty; and (3) breach of contract.
On December 21, 2007, Plaintiffs filed a motion for summary judgment for conversion of the twelve units against Carson, Quiring, Davis and Cindy Davis, and for breach of fiduciary duty against Quiring. This Court found Carson and Quiring liable for conversion of the twelve units. On June 4, 2008, the Court denied Carson's motion for reconsideration of the Court's decision regarding the conversion cause of action. The next day, on June 5, 2008, Davis filed the instant motion for summary judgment against Carson.
Davis seeks summary judgment in his favor on each of the causes of action brought against him in Carson's cross-claim. Generally, Davis argues that all three of Carson's claims related to the twelve disputed partnership units are barred by the doctrine of unclean hands, since this Court found Carson liable for the conversion of those units. More specifically to the individual causes of action, Davis argues that (1) Carson cannot prove that Davis committed professional malpractice because he failed to designate an expert; (2) Carson has produced no evidence that Davis breached any duty of fiduciary care; and (3) Davis cannot be liable for breach of contract because the alleged contract is unenforceable under the statute of frauds.
Carson filed an opposition to the motion on June 20, 2008. Davis filed a reply on July 1, 2008.
Summary judgment is appropriate when it is demonstrated that there exists no genuine issue as to any material fact, and that the moving party is entitled to judgment as a matter of law. Fed. R. Civ. P. 56(c); Adickes v. S.H. Kress & Co., 398 U.S. 144, 157 (1970); Fortyune v. American Multi-Cinema, Inc., 364 F.3d 1075, 1080 (9th Cir. 2004); Jung v. FMC Corp., 755 F.2d 708, 710 (9th Cir. 1985). Where summary judgment requires the court to apply law to undisputed facts, it is a mixed question of law and fact. See Sousa v.Unilab Corp. Class II (Non-Exempt) Members Group Benefit Plan, 252 F. Supp.2d 1046, 1049 (E.D. Cal. 2002). Where the case turns on a mixed question of law and fact and the only dispute relates to the legal significance of the undisputed facts, the controversy for trial collapses into a question of law that is appropriate for disposition on summary judgment. See Union Sch. Dist. v. Smith, 15 F.3d 1519, 1523 (9th Cir. 1994); Sousa, 252 F.Supp.2d at 1049.
Under summary judgment practice, the moving party always bears the initial responsibility of informing the district court of the basis for its motion, and identifying those portions of "the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any," which it believes demonstrate the absence of a genuine issue of material fact.
Celotex Corp. v. Catrett, 477 U.S. 317, 323 (1986). "[W]here the nonmoving party will bear the burden of proof at trial on a dispositive issue, a summary judgment motion may properly be made in reliance solely on the 'pleadings, depositions, answers to interrogatories, and admissions on file.'" Id. Indeed, summary judgment should be entered, after adequate time for discovery and upon motion, against a party who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial. Id. at 322. "[A] complete failure of proof concerning an essential element of the nonmoving party's case necessarily renders all other facts immaterial." Id. In such a circumstance, summary judgment should be granted, "so long as whatever is before the district court demonstrates that the standard for entry of summary judgment, as set forth in Rule 56(c), is satisfied." Id. at 323.
If a moving party fails to carry its burden of production, then "the non-moving party has no obligation to produce anything, even if the non-moving party would have the ultimate burden of persuasion." Nissan Fire & Marine Ins. Co. v. Fritz Companies, 210 F.3d 1099, 1102-03 (9th Cir. 2000). If the moving party meets it initial burden, the burden then shifts to the opposing party to establish that a genuine issue as to any material fact actually exists. See Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586 (1986); Nissan Fire & Marine Ins., 210 F.3d at 1103; Nolan v. Cleland, 686 F.2d 806, 812 (9th Cir. 1982); Ruffin v. County of Los Angeles, 607 F.2d 1276, 1280 (9th Cir. 1979). A fact is "material" if it might affect the outcome of the suit under the governing law. See Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248-49 (1986); Thrifty Oil Co. v. Bank of America Nat'l Trust & Savings Assn, 322 F.3d 1039, 1046 (9th Cir. 2002). A "genuine issue of material fact" arises when the evidence is such that a reasonable jury could return a verdict for the nonmoving party. See Anderson, 477 U.S. at 248-49; Thrifty Oil, 322 F.3d at 1046.
In attempting to establish the existence of a factual dispute, the opposing party may not rely upon the mere allegations or denials of its pleadings, but is required to tender evidence of specific facts in the form of affidavits, and/or admissible discovery material, in support of its contention that the dispute exists. Fed. R. Civ. P. 56(e); Matsushita, 475 U.S. at 586 n.11; First Nat'l Bank, 391 U.S. at 289; Willis v. Pacific Maritime Ass'n, 244 F.3d 675, 682 (9th Cir. 2001). However, the opposing party need not establish a material issue of fact conclusively in its favor. It is sufficient that "the claimed factual dispute be shown to require a jury or judge to resolve the parties' differing versions of the truth at trial." First Nat'l Bank, 391 U.S. at 290; Hopper v. City of Pasco, 248 F.3d 1067, 1087 (9th Cir. 2001). Thus, the "purpose of summary judgment is to 'pierce the pleadings and to assess the proof in order to see whether there is a genuine need for trial.'" Matsushita, 475 U.S. at 587; Mende v. Dun & Bradstreet, Inc., 670 F.2d 129, 132 (9th Cir. 1982).
In resolving a summary judgment motion, the court examines the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any. See Fed. R. Civ. P. 56(c); Fortyune, 364 F.3d at 1079-80. The court has the discretion in appropriate circumstances to consider materials that are not properly brought to its attention, but the court is not required to examine the entire file for evidence establishing a genuine issue of material fact where the evidence is not set forth in the opposing papers with adequate references. See Southern Cal. Gas Co. v. City of Santa Ana, 336 F.3d 885, 889 (9th Cir. 2003); Carmen v. San Francisco Unified Sch. Dist., 237 F.3d 1026, 1031 (9th Cir. 2001). The evidence of the opposing party is to be believed and all reasonable inferences that may be drawn from the facts placed before the court must be drawn in favor of the opposing party. See Anderson, 477 U.S. at 255; Matsushita, 475 U.S. at 587; Stegall v. Citadel Broad, Inc., 350 F.3d 1061, 1065 (9th Cir. 2003). Nevertheless, inferences are not drawn out of the air, and it is the opposing party's obligation to produce a factual predicate from which the inference may be drawn. See Mayweathers v. Terhune, 328 F.Supp.2d 1086, 1092-93 (E.D. Cal. 2004); UMG Recordings, Inc. v. Sinnott, 300 F.Supp.2d 993, 997 (E.D. Cal. 2004). "A genuine issue of material fact does not spring into being simply because a litigant claims that one exist or promises to produce admissible evidence at trial." Del Carmen Guadalupe v. Agosto, 299 F.3d 15, 23 (1st Cir. 2002); see Galen v. County of Los Angeles, 477 F.3d 652, 658 (9th Cir. 2007); Bryant v. Adventist Health System/West, 289 F.3d 1162, 1167 (9th Cir. 2002).
Finally, to demonstrate a genuine issue, the opposing party "must do more than simply show that there is some metaphysical doubt as to the material facts. . . . Where the record taken as a whole could not lead a rational trier of fact to find for the nonmoving party, there is no 'genuine issue for trial.'" Matsushita, 475 U.S. at 587 (citation omitted). "A motion for summary judgment may not be defeated, however, by evidence that is 'merely colorable' or 'is not significantly probative.'" Anderson, 477 U.S. at 249-50; Hardage v. CBS Broad. Inc., 427 F.3d 1177, 1183 (9th Cir. 2006). If the nonmoving party fails to produce evidence sufficient to create a genuine issue of material fact, the moving party is entitled to summary judgment. See Nissan Fire & Marine, 210 F.3d at 1103.
Both parties in this case submitted a Separate Statement of Uncontroverted Material Facts ("SUF"). After examining the record, the Court has determined that the relevant undisputed material facts are as follows:
A. Undisputed Material Facts
1. In or around 2002, Carson retained Davis, an attorney admitted to the State Bar of California, to advise and assist him with a transfer of property in Brighton Hills.
2. On March 21, 2002, Quiring assigned twelve partnership units of Brighton Hills from IQ Properties to Carson personally. Quiring approved and executed the assignment on behalf of IQ Properties and Carson approved and executed the assignment on behalf of Brighton Hills. Davis prepared the legal documents effecting the assignment.
3. On March 25, 2002, Carson assigned seven of the twelve units of Brighton Hills purportedly in his possession, later revised to five units, to Davis and Cindy Davis as joint tenants. Davis drafted the legal documents effecting the assignment.
4. On April 3, 2002, Davis drafted a letter disclosing the terms of the transaction.
5. On December 23, 1995, Ito and Miyoshi transferred $2,000,000 to Carson in return for an ownership interest in the twelve units.
6. Neither Quiring, Carson nor Davis sought or received prior written approval or consent from Ito, Miyoshi or their heirs and successors in interest to conduct the assignments.
7. Neither Quiring, Carson nor Davis paid any consideration to Ito, Miyoshi or their heirs and successors in interest for the assignments.
8. In or around 2002, Carson also retained Davis to represent him in a dispute with the limited partners in Brighton Hills.
9. In or around May 2002, Davis assisted Carson with negotiating and entering into a Mutual Release, Assignment & Indemnity Agreement with Brighton Hills.
B. First Cause of Action - Professional Malpractice
1. Legal Malpractice Under California Law
As this is a diversity action, the Court will look to California law for the elements of legal malpractice. Erie R. Co. v. Tompkins, 304 U.S. 64 (1938).
The failure to provide competent representation in a civil or criminal case may be the basis for civil liability under a theory of professional negligence. In a legal malpractice action arising from a civil proceeding, the elements are (1) the duty of the attorney to use such skill, prudence, and diligence as members of his or her profession commonly possess and exercise; (2) a breach of that duty; (3) a proximate causal connection between the breach and the resulting injury; and (4) actual loss or damage resulting from the attorney's negligence.
Coscia v. McKenna & Cuneo, 108 Cal. Rptr. 2d 471, 474 (2001).
The question of an attorney's negligence, whether the duty was breached by the attorney, is one of fact and thus may only be decided in a summary judgment motion under certain circumstances. Starr v. Mooslin, 92 Cal. Rptr. 583 (Ct. App. 1971). Whether a duty exists is a question of law. Nichols v. Keller, 19 Cal. Rptr. 2d 601, 607 (Ct. App. 1993). But only if the circumstances permit no reasonable doubt about whether the attorney's conduct did or did not violate the duty or standard of care owed to the client, may a court, as a matter of law, resolve the question of whether an attorney breached the duty. Likewise, the issue of causation may only be resolved by summary judgment if, under undisputed facts, there is no room for a reasonable difference of opinion. Kurinij v. Hanna & Morton, 64 Cal. Rptr. 2d 324, 331 (Ct. App. 1997).
In this case, Carson raises a number of purported breaches of duty by Davis on the basis of which he argues that Davis committed legal malpractice. Carson's claims are detailed in his cross-claim and brief in opposition to the present motion for summary judgment. For the purposes of this motion, the Court will first evaluate Carson's claim that Davis breached a duty by "failing to perform adequate due diligence in determining whether Quiring had the legal authority to transfer the Brighton Hills' partnership units held by IQ Properties . . . ." Cross-cl. at 5.
It is undisputed that Carson retained Davis, at least in part, to assist with the transfer of the partnership units. See Carson Resp. to Davis SUF, Doc. 156-4. Therefore, there is no question over the existence of an attorney-client relationship and the duties and standards of care inherent therein. Carson explains that, with regard to the transfer of the units, he specifically retained Davis "to determine whether those same units could be transferred" and "to insure that the transfer he contemplated was legal . . . ." Opp'n at 2. However, Carson claims that Davis failed to conduct any adequate due diligence with regard to claims of ownership of the units and, instead, acted out of his own self-interest to acquire some of the units himself. Carson claims that Davis was made aware of the possibility that Japanese investors maintained an ownership interest in the units (See Cross-Cl. at 2-3; Carson SUF at 2.) and yet he still advised Carson that he could legally proceed with the assignments.
If Davis was, in fact, aware of the Japanese investors' competing ownership interests in the units, then the diligence Davis exercised in reviewing the transaction and advising Carson to proceed was surely less than that "commonly possessed and exercised by attorneys," and a standard of care was breached. Even if the retainer agreement between Carson and Davis was expressly limited to assisting with the transfer of the units and did not include reviewing its legality, though Carson maintains it did, Davis would still have breached his duty. In California, an attorney may still have a duty to alert the client to legal problems if they are reasonably apparent, as they were in this case, even though they fall outside the scope of the retention. Janik v. Rudy, Exelrod & Zieff, 14 Cal. Rptr. 3d 751, 759 (Ct. App. 2004). Further, if Carson relied and acted upon Davis' erroneous advice to proceed with the transfers, as he claims he did, and was subsequently held liable for conversion as a result of those actions, he will be able to prove the causation and damages elements of legal malpractice.
However, Davis claims that Carson never gave any indication that either Ito or Miyoshi had any outstanding ownership interests or rights in the units. Davis maintains that Carson told him that he was the legal and equitable owner of all twelve units and that Quiring had the absolute authority to execute the assignments. See Davis Decl. at 2. This presents the Court with a disputed issue of material fact. Davis' awareness of competing ownership interests in the units and Carson's disclosure or obfuscation of that information are significant factual issues in this case.
Therefore the matter is not appropriate for summary judgment and the Court will deny Davis' motion for summary judgment on Carson's first cause of action for legal malpractice.
2. Expert Testimony
Aside from the factual issues discussed above, Davis argues that Carson's claim may not be brought at all as a matter of law because Carson cannot prove that Davis fell below any standard of care without offering expert testimony on the issue. Davis argues that his malpractice claims must fail because Carson has not designated an expert in this matter. The written designation of experts is required by Federal Rule of Civil Procedure 26(a)(2). In this case, the parties were directed to disclose all expert witnesses on or before March 27, 2008. See Scheduling Order, Doc. 121. Carson failed to comply with the order and designate an expert on this issue by the appropriate time.
In a malpractice action, expert testimony is generally conclusive on the question of whether the attorney used such skill, prudence, and diligence as lawyers of ordinary skill and capacity commonly possess and exercise. Lysick v. Walcom, 65 Cal. Rptr. 406, 419 (Ct. App. 1968). In California, however, the standards governing an attorney's ethical duties are conclusively established by the Rules of Professional Conduct, and cannot be changed by expert testimony. Mirabito v. Liccardo, 5 Cal. Rptr. 2d 571, 573 (Ct. App. 1992). In fact, any expert testimony that is contrary to the rules must be disregarded. Day v. Rosenthal, 217 Cal. Rptr 89, 102 (Ct. App. 1985).
Expert testimony is needed when it will assist the trier of fact. It may be necessary to prove the prevailing standard of skill and learning in the locality and the propriety of particular conduct by the practitioner in particular instances. Lipscomb v. Krause, 151 Cal. Rptr. 465, 468 (Ct. App. 1978). A judge may rely on expert testimony to establish the standard of care in any instance when that standard is not a matter of common knowledge, or where the attorney is practicing in a specialized field. Day, 217 Cal. Rptr. at 102. But where the failure of attorney performance is so clear that a trier of fact may find professional negligence unassisted by expert testimony, then expert testimony is not required. Id.
In Day v. Rosenthal, the court found that the attorney's "numerous, blatant and egregious violations of attorney responsibility were not breaches of legal technicalities for which expert testimony is required. They were violations of professional standards; standards which the trial court was compelled to notice." Day, 217 Cal. Rptr. at 102-3. Davis also concedes that "where common sense dictates that a breach occurred . . . expert testimony [is] not necessary." Mot. at 9. Accordingly, for the purposes of this summary judgment motion, the Court may only evaluate those claims for professional malpractice that are so clearly contrary to established standards that no expert testimony is required.
Like in Day, the Court here requires no expert to explain that it is contrary to established standards for an attorney to effect the assignment of personal property while fully aware that the property may belong to another and then to further effect the assignment of the property to himself.
3. Unclean Hands Defense
Davis also claims that Carson may not bring any claims related to the disputed units because of the doctrine of unclean hands. The doctrine is based on the maxim that one who comes into equity must come with clean hands. Stein v. Simpson, 37 Cal. 2d 79, 83 (1951). Unclean hands is generally an affirmative defense in actions seeking equitable relief, but the defense is not limited to equity and may be asserted in legal action as well. Goldstein v. Lees, 120 Cal. Rptr. 253, 255 (Ct. App. 1975). In short, the unclean hands doctrine requires that a plaintiff act fairly in the matter for which he or she seeks a remedy.
In this case, the defense is not appropriate. A party may not sully the hands of another and then argue that the other's claims are barred by their unclean hands. If Carson hired Davis to advise him as to the legality of acquiring the partnership units, and Carson was later found liable for the conversion of those units as a result of actions he took based on Davis' deficient advice, then Davis may not now invoke the unclean hands doctrine here. The defense may not be used as a shield to protect a party from its own negligence. See, e.g., In re Napster, Inc. Copyright Litig., 191 F.Supp.2d 1087, 1111 (N.D. Cal. 2002).
As explained above, the Court denies Davis' motion for summary judgment of Carson's first cause of action.
C. Second Cause of Action - Breach of Fiduciary Duty
Carson also claims that Davis "failed to act as a prudent attorney and breached his fiduciary duties of good faith and loyalty." Cross-Cl. at 7. A breach of fiduciary duty is a distinct cause of action from professional malpractice. The elements of a cause of action for breach of fiduciary duty are (1) existence of a fiduciary duty; (2) breach of the fiduciary duty; and (3) damage proximately caused by the breach. City of Atascadero v. Merrill Lynch, Pierce, Fenner & Smith, Inc., 80 Cal. Rptr. 2d 329, 355 (Ct. App. 1998). Whether a fiduciary duty exists is generally a question of law. David Welch Co. v. Erskine & Tulley, 250 Cal. Rptr. 339, 341 (Ct. App. 1988). Whether the defendant breached that duty towards the plaintiff is a question of fact. Id.
The relationship between attorney and client is a fiduciary relationship of the very highest character. 7 Cal. Jur. 3d, Attorneys at Law § 160. As a fiduciary, an attorney must refrain from using undue influence and must be committed to the most scrupulous good faith. See Trafton v. Youngblood, 69 Cal. Rptr. 568 (1968). Here, it is undisputed that Davis and Carson entered into an attorney-client relationship. Therefore, there is no question that Davis owed Carson a fiduciary duty. This precluded Davis from making personal gains by abusing the confidence reposed in him or her by the client, by attempting to obtain secret profits, or by entering into a secret arrangement to conceal from his or her client a knowledge of the collection of money from the client. See, e.g., Lyders v. State Bar of Cal., 12 Cal. 2d 261 (1938); Herrscher v. State Bar of Cal., 4 Cal. 2d 399 (1935).
However, Davis argues that Carson has failed to prove and is unable to prove the remaining elements of the cause of action-that he breached any fiduciary duty or that Carson suffered damages as a result of any such breach. In the briefing for this motion, Carson failed to directly respond to Davis' arguments for summary judgment of this cause of action in his opposition brief, but it appears that his chief claim for beach of fiduciary duty is that Davis breached his duties of good faith and loyalty by self-dealing. More specifically, Carson claims that Davis breached his duty by engaging in a self-interested transaction with Carson, through which he acquired valuable units in Brighton Hills at a fraction of their price by manipulating and ignoring the best interests of Carson.
Davis points out, and Carson concedes, however, that before engaging in the assignment of units, Carson reviewed and signed a letter prepared by Davis that explains the details of the transaction, encourages Carson to seek the advice of independent counsel on the propriety of the transaction, and waives Carson's rights to sue Davis on account of the transaction. Davis Ex. C. The execution of the letter / waiver agreement brings Davis' conduct into compliance with Rule 3-300 of California's Rules of Professional Conduct. Therefore, Davis has demonstrated that there exists no genuine issue of material fact as to this element and that Davis cannot be found to have breached his fiduciary duty based on these facts. Carson has failed to establish otherwise.
As Carson has failed to make a showing sufficient to establish the existence of each element of breach of fiduciary duty, the Court grants summary judgment for Davis on Carson's second cause of action.
D. Third Cause of Action - Breach of Contract
1. Elements of Breach of Contract
Carson claims that Davis entered into an agreement with Carson under which, among other things, Carson would assign a number of partnership units in Brighton Hills to Davis, and Davis would perform legal services for Carson for any issues or disputes over the units or Brighton Hills for "an indefinite period of time at no charge." Carson claims that Davis performed under the contract, by handling all Brighton Hills-related legal work for Carson without charging him and later by retaining another local attorney to perform work for him at no cost to Carson, as late as 2004. Carson claims that Davis breached that contract with no explanation when the instant litigation was brought by Plaintiffs and that Carson suffered damages as a result.
In California, the standard elements of a claim for breach of contract are: (1) the existence of a contract; (2) plaintiff's performance or excuse for nonperformance; (3) defendant's breach; and (4) damage to the plaintiff therefrom. See, e.g., Regan Roofing Co. v. Superior Court, 29 Cal. Rptr. 2d 413, 418 (Ct. App. 1994).
Davis seeks summary judgment here on the ground that Carson cannot prove the first element, that Carson and Davis ever entered into a valid contract. Davis argues that the purported agreement is not to be performed within a year and therefore falls under the statute of frauds. Davis states that when "it is evident that the parties intended the agreement to continue longer than a year, then applicable authority mandates that the agreement must be in writing." Mot. at 15.
2. Statute of Frauds
The California statute of frauds provides that certain contracts "are invalid, unless the same, or some note or memorandum thereof, is in writing and subscribed by the party to be charged or by his agent." Cal. Civ. Code § 1624(a). The statute applies to specific types of contracts, including those "that by [their] terms [are] not to be performed within a year from the making thereof." Id. § 1624(a)(1).
As in the second cause of action, Carson also failed to directly respond to Davis' arguments for summary judgment of this cause of action in his opposition brief, but it seems to be undisputed that the agreement in this case was not in writing, and thus it was an oral contract, if one at all. However, Davis' defense is still unavailing for a number of reasons. First, under § 1624(a)(1), the statute does not apply to contracts that are unlikely to be performed with a year, only to contracts that, by their terms, are impossible to be performed within a year. If the period of performance of a contract is indefinite, then the statute does not apply because the contract could be performed within a year. See, e.g., Hollywood Motion Picture Equipment Co. v. Furer, 16 Cal. 2d 184, 186 (1940); Wescoatt v. Meeker, 63 Cal.App.2d 618, 624 (Ct. App. 1944) (holding that statute of frauds does not apply to "contracts, either express or implied, for the rendition of services for an indefinite period of time"); Fibreboard Products, Inc. v. Townsend, 202 F.2d 180 (9th Cir. 1953) (finding an oral contract for "permanent employment" or for employment of other indefinite duration is not within statute of frauds). In this case, the agreement was explicitly "for an indefinite period" and is thereby excluded from the statute of frauds.
Second, even if the statute were to apply to this agreement, Davis is incorrect to argue that the agreement itself must be in writing to be enforceable. Under the language of the California statute, "some note or memorandum," not necessarily the contract itself, must be in writing. The memorandum or note is not the contract, but merely evidence of its terms. Therefore, while an oral agreement may originally be subject to the bar of the statute, it may become enforceable if a note or memorandum is subsequently made. See 1 Witkin, Summary of Cal. Law (10th ed. 2005) Contracts, § 350 at 397; Ayoob v. Ayoob, 74 Cal. App. 2d 236, 242-3 (Ct. App. 1946).
In this case, Carson points to a letter written by Davis as written evidence of the agreement. In the two-page letter, dated April 3, 2002 and addressed to Jeffrey Boswell, counsel for Brighton Hills, Davis discloses "the terms of the Assignment" of the disputed units. He details the amount of money being paid, refers to the "huge risk being taken on by Mr. Carson," and explains that "I have also promised an 'at cost' lot to Mr. Rob S. Carson at Brighton Crest and have agreed to perform legal services for an indefinite period at no charge." Ex. B to Davis Decl. (emphasis added).
In California, the written "note or memorandum" required to satisfy the statute of frauds may well consist of a letter, even an informal one that simply makes reference to the agreement. See, e.g., King v. Stanley, 32 Cal. 2d 584, 588 (1948); Dunham, Carrigan & Hayden Co. v. Thermoid Rubber Co., 84 Cal. App. 669, 673 (1927). The writing need not even be intended as a memorandum.
Davis concedes that he wrote the letter, but claims that he did not send it "to anyone other than, perhaps, Mr. Robert Carson" (Davis Decl. at 2) and hence, the letter should not constitute a writing. Davis' claim that the letter was never sent is dubious because the letter was originally produced as an exhibit by Carson and the letter bears the date and time-stamp of a facsimile machine across the top, as well as the phrase "FROM: CRAIG A. DAVIS." Still, it is not legally relevant how many people the letter was sent to or, for that matter, whether it was sent at all. "There is no requirement of communication or even knowledge of the other party." 1 Witkin, supra § 352 at 398. A writing may consist of "an entry in a diary or in the minutes of a meeting, of a communiation to or from an agent of the party, of a public record, or of an informal letter to a third person." Restatement (Second) of Contracts § 133 cmt. b (1988).
Davis also claims that the letter should not constitute a writing because he did not sign it. According to the statute, a writing does indeed need to be "subscribed by the party to be charged" or, in other words, signed by the party against whom enforcement is sought. Davis presumably means that he did not sign the letter in his own handwriting because the letter clearly bears the typed signature, "Craig A. Davis," immediately below the closing "Very truly yours." However, the signature in a writing need not be handwritten. A typewritten, printed, or rubber-stamped signature may be used. Donovan v. RRL Corp., 26 Cal. 4th 261 (2001). For the purposes of the statute of frauds, Davis' letter is considered signed by Davis.
The Court concludes that although the agreement between Carson and Davis does not fall under the statute of frauds, the letter written and signed by Davis on April 3, 2002 constitutes a writing evidencing the existence of an agreement between Davis and Carson and satisfying the requirements of the statute. Accordingly, summary judgment on the third cause of action is denied.*fn1
Based on the above memorandum opinion, the Court ORDERS that:
1. Davis' motion for summary judgment on Carson's first cause of action, legal malpractice, is DENIED;
2. Davis' motion for summary judgment on Carson's second cause of action, breach of fiduciary duty, is GRANTED; and
3. Davis' motion for summary judgment on Carson's third cause of action, breach of contract, is DENIED.
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happily after posted a blog entry in Alibaba's BlogI have been searching sunscreen for at least 20 years and finally, thanks to ever improving technology, I found it!!! It is Heliocare 360 SPF 50 gel dry touch! Pros: Does not sting my eyes Does not break me out Keep me matte ALL DAY (therefore my makeup lasts all day) Does not have white cast. Does not gunk up on eyebrows nor hairline. Cons: Somewhat sticky, not truly dry touch (but doesn't affect makeup application) Dry down time is kinda long Hard to get in USA
Yes I am still using my faithful safflower oil!
happily after posted a blog entry in Alibaba's BlogMy skin currently is still pretty stable. I haven't been obsessed too much with my skin, meaning I don't have whole lot of bad acne going on that depressed me. Just want to make a note that I am searching for good sunscreen. Now I am testing out Heliocare XF gel cream spf 50. It's the most transparent sunscreen I have ever used. There is no white cast at all that would make my eyebrows look white. And this one doesn't sting my eyes. Even though it's very sticky after application but it's light feeling, not oily and filmy. I definitely need a good powder after foundation or otherwise my eyeliner will transfer due to hooded lids. I was using Mac blotting powder but I found out it's not helping me at all. At beginning I thought it's the sunscreen being too sticky. Then I used bare minerals mineral veil, it completely changed my life. It really helped keeping my face matte. My eyeliner lasted whole day and did not budge. Then I looked for pressed powder to touch up on the go, I found Rimmel stay matte powder. It performed really well on my oily skin with sticky sunscreen as well. Skin current status No active acne Foundation easily evens out my skin (I was using estee Lauder double wear light. I almost finished it and am currently testing out Armani lasting silk) Routine Am Shower Heliocare XF spf 50 Apply safflower oil to my body to wait for sunscreen dry down Foundation (was using estee Lauder double wear light. Am using/testing Armani lasting silk) Concealer (under eye Maybelline face Laura Mercier) Powder (bare minerals mineral veil, Rimmel stay matte, am testing kryolan anti shine) Pm Safflower oil Tissue off Clinique toner 2 Tretinoin 0.025 (if peeling too bad I will skip) Supplement Fish oil


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Grades K-5
December 13, 2016 at 7pm
Weston-McEwen High School
Grades 6-12
December 15, 2016 at 7pm
Weston Middle School
Athena-Weston welcomed home elementary student, Payton Throne, with a community dinner, raising $2686.00. The school was covered in stars sharing messages of care and hope created by district students and staff. Additionally, elementary students hosted a pajama day that raised $342.00 and the High School students sponsored a penny drive that raised over $400.00.
Athena Weston Schools were retested and all locations were determined safe for lead indicators.
Starting times for the morning bus routes and shuttles are now available! View the schedule online here.
(Also available from under "For Parents" in the main menu.)
Dear Parents,
It is with great honor and pleasure that I begin this school year as the new superintendent for Athena-Weston Schools. It is my professional commitment to partner with community members, staff, parents, and students to develop a safe and welcoming school environment. I maintain an open door policy and am excited to become a partner in the Athena-Weston school community.
School begins on August 25 and we will be welcoming an estimated 567 students through the doors of our three buildings; Athena Elementary (grades K-3), Weston Middle School (grades 4-8) and Weston McEwen High School (grades 9-12).
As we begin this academic year, I invite parents, staff and students to ponder the following question:
What do I hope for this school year? (for myself, my students, my children)
Here are some of my hopes...
I hope that every student and staff member is excited to come to school each day.
I hope that every student discovers that they belong and are cared for.
I hope that every family understands how valued they are as our partners.
I hope that I end each day having made a difference in the life of a child.
We thank you for sharing your children with us and welcome you as we celebrate and work together for a successful school year!
Yours for Kids,
Laure Quaresma, Superintendent
"When schools, families, and community groups work together to support learning, children tend to do better in school, stay in school longer, and like school more." (Northwest Educational Research)
The Athena-Weston School District conducted comprehensive lead testing to ensure safe drinking water for our students and staff. The report findings identified three sources indicating levels that needed additional testing and potential action. Concerning these results, immediate action was taken as follows:
- Removed unused locker room fountain at Athena Elementary
- Replaced sink faucet in the Weston Kitchen and re-tested
- Replaced and retested sink faucet in concession stand at Weston-McEwen High School
All three identified testing sites have been addressed and re-tested.
I would like to commend our Facilities team for their proactive attention and keeping the safety of our students the highest priority.
If you have questions or concerns, please do not hesitate to contact us at 541-566-3581.
Yours for Kids, Laure Quaresma
Athena-Weston School District #29RJ
375 S. 5th Street | Athena, OR 97813
Phone: (541) 566-3551 | Fax: (541) 566-9454


text: hello everyone im about to get an ipod touch this week 2nd gen 8gb some things ive been intersted in whats the estimated battery life playing some games - listening to some music will there be a jailbreak for this soon? where can i get some cool free games and apps for 2nd gen? and if you can find those apps somewhere can you guys post links??? please and thank you


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Several provisions in the new financial regulatory reform bill have scared the three rating agencies (Standard & Poors, Moodys, and Fitch) to refuse to have their ratings included in any documentation prepared for new issues. The new regulations leave the rating agencies exposed to liability if the bonds they rate do not perform as they are supposed to. We saw over the last few years during the financial crisis that these rating agencies did a very poor job of well, rating, particularly the bonds backed by mortgages, etc. So, they should be scared. If I weren't very good at what I did, I wouldn't put myself out there either.
The problem is that the SEC requires all new bond issues to be rated. Why? So uninformed, unintelligent, and lazy investors wouldn't have to do their own due diligence on the bond offerings before deciding to invest. That's how it was done in the good old days. But that process evolved into one where investors blindly followed the rating provided by one of the big, bad (bad as in not good at what they do) rating agencies. What happened? First of all, they had huge conflicts of interest, getting paid by the very entities whose securities they were rating. Second, they admitted after the collapse of several highly rated issues, that the offerings were much more complicated than they expected. Duh!
Now they are refusing to allow bond issuers to use their ratings in an 'official' capacity. In other words, they will continue to rate the bonds, but 'you can't really quote us on that'.
To some extent, the same analysis can be applied to the three consumer credit reporting agencies. (Transunion, Experian, Equifax) They provide credit scores indicating to banks, credit card companies, etc., the creditworthiness of a borrower. No one knows how they come up with those credit scores, and I bet if you called someone at each respective agency, they won't tell you. Actually, they can't tell you..because they don't know. You can make payments on time for years and your credit score will be 750, let's say. Forget to make one payment and you're back down to 550. Ah, the penalty for forgetfulness is 200 points! Now, you have to remember to make those same payments for another 10 years before you get back up to 750. I'm exaggerating of course, but I've experienced this first hand.
Anyway, back to the topic at hand. During this financial crisis, borrowers with credit scores well above 700 ( a very good score) defaulted on many of their debts, including home loans, credit cards, lines of credit, and auto loans. Admittedly, some borrowers lost their jobs, others had burdensome losses on investments, and still others strategically decided not to pay their debts. So can we conclude that someone who defaulted on their debts despite a 700+ credit score was overrated? Perhaps! But how did a $300,000 per year wage earner with $200,000 in credit available have the same credit score as a $20,000 wage earner with $7,000 in credit available? (Sorry, I keep going back to pointing out the flaws in the scores.)
But I can't help it!! I had my credit report pulled and found no less than 19 errors on my credit report. Those 19 errors had an impact on my credit score. I called to ask them what my credit score would be if those errors were corrected, but they couldn't tell me.
Admittedly, it's not always their fault. In one case, I made a payment on my mortgage, on time, and the day after the payment was due, the mortgage company sent me my money back and reported the payment as late! They sent me my payment back!!! Of course, they reported a late payment because as of the day they sent me back my payment, they no longer had my payment, making it late. Funny, but not so funny. I tried to call them to have them send back ALL of my previous mortgage payments going back 8 years, but they said they couldn't do that. In this case, it was the mortgage companies fault, but the other 18 errors were the fault of the credit bureau.


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Pictet to Tap Into Art Market
- Details
- Monday, 12 October 2015 18:24
Swiss private bank Pictet has discovered art as a new opportunity to earn money. It will offer its clients loans collateralized by high-value works of art as security.
Art is an alternative investment for wealthy clients, increasing the diversification of their portfolios. So far, the volume of the art market – an estimated $3 billion – wasn't matched by an offer of corresponding financial products.
Pictet is about to change this. The private bank from Geneva has joined up with U.S. private equity specialist Carlyle Group to start Athena Art Finance. The two companies injected $280 million in capital, they said in a statement.
Important Alternative Investment
The private bank will offer loans to clients, who already own pieces of art or want to invest in art, collateralized by works of fine art.
«We believe alternative investments are increasingly important for large wealth owners,» said Rémy Best in the statement. The head of wealth management at Pictet added: «Art has always been a diversification asset for our clients, in some cases because of their passion for art in many forms, or in others because it serves as a true investment vehicle.»
Niche Product
Athena Art is injecting liquidity into the art trade, lowering capital costs of these investment vehicles while increasing their value, Pictet and Carlyle expect.
Loans for art is a niche product in wealth management, hitherto the domain of Sotheby's, the auctioneer. Pictet and Carlyle aim to change this. They are convinced that clients and owners of fine art will pounce on the opportunity to make money with their collections. The target is a higher return compared with the bond market.
50 Percent of Value
Athena will offer loans of as much as 50 percent of the estimated price of the piece of art. The minimum value is set at $2 million.
About 80 artist fit the bill, including Francis Bacon, Claude Monet, Pablo Picasso or Gerhard Richter. Added to these heavyweights of the art market will be artist whose works reached the highest values according to the Tefaf Art Market Report 2014.
Pictet and Carlyle seem to have hit a nerve: Before even starting the business properly, Atheny has already posted requests for loans of 150 million Swiss francs.
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Residency should be up to the city, this is none of the states business. Does the state have a residency requirement? If they do I hope that goes away as well. I would think Milwaukee could just cut salaries of all non union employees and give them back a bonus if they stay.
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February 23, 2011
EDGAR HERNANDEZ, PETITIONER,v.MIKE MCDONALD, RESPONDENT.
Petitioner is a state prisoner proceeding without counsel with a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254. Petitioner has consented to the jurisdiction of the undersigned.
On January 3, 2011, the undersigned issued an order finding that the only claim raised in the petition, ineffective assistance of counsel, was not exhausted.
The exhaustion of state court remedies is a prerequisite to the granting of a petition for writ of habeas corpus. 28 U.S.C. § 2254(b)(1). If exhaustion is to be waived, it must be waived explicitly by respondent's counsel. 28 U.S.C. § 2254(b)(3). A waiver of exhaustion, thus, may not be implied or inferred. A petitioner satisfies the exhaustion requirement by providing the highest state court with a full and fair opportunity to consider all claims before presenting them to the federal court. Picard v. Connor, 404 U.S. 270, 276 (1971); Middleton v. Cupp, 768 F.2d 1083, 1086 (9th Cir.), cert. denied, 478 U.S. 1021 (1986).
On January 3, 2011, petitioner was granted thirty days to file an amended petition containing exhausted as well as unexhausted claims and a motion to stay proceedings. Petitioner was cautioned that if he did not file an amended petition and motion to stay, this action would be dismissed on grounds that the only claim raised was not exhausted.
Thirty days passed and petitioner did not respond to the January 3, 2011 order. Accordingly, for the reasons discussed above, IT IS HEREBY ORDERED that this action is dismissed based on petitioner's failure to exhaust state court remedies.
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Donald P. Christian, the president of State University of New York at New Paltz, has been named to the Mid-Hudson Regional Economic Development Council.
Christian trained as a biologist, earning a bachelor's in wildlife biology and a master's and doctorate in zoology from Michigan State University. He has published in several biology journals.
He has held teaching and administrative positions at University of Minnesota-Duluth, University of Montana and University of Wisconsin-Eau Claire. He joined SUNY-New Paltz as provost and vice president for academic affairs in 2009, was named interim president in 2010 and was appointed president in 2011.
The council is one of 10 established by Gov. Andrew Cuomo to develop regional economic development plans. The public-private partnerships are composed of representatives from business, academia, government and non-governmental organizations.
Christian is one of three college presidents on the 21-member Mid-Hudson council. Dennis Murray, president emeritus of Marist College, is co-chair and Cliff L. Wood, president of SUNY Rockland Community College, is a member.
The state has awarded $392.6 million for 459 economic and community development projects in the Mid-Hudson region in the past five years. The council is based at the Empire State Development regional office in New Windsor and covers Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster and Westchester counties.


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Posted on 21 January 2006
- 12:00
Promotions, relegations, cup semi-finals, a Premiership debut at just 17, numerous managers - the all-action midfielder has just about seen it all.
The breakdown of Browny's career since his debut for City against QPR in 1995 is 89 games for City, six on loan at Hartlepool, four on loan at Portsmouth, 151 at Sheffield United and 49 at Spurs. He's scored 32 goals in that time.
"I'm only 28 so it's a decent record,†reflected Browny at Spurs Lodge this week. "Obviously you always want more appearances but I've got to be grateful I've got 300 in my career so far. I now want to push on to get up to four or five hundred.
"I've had a few clubs, not too many - basically City, Sheffield United and Spurs and a couple of loans. I've thoroughly enjoyed my time so far. I've had some ups and downs, some fantastic days and long may it continue."
Browny picks out his first season at City, the incredible 2002-03 season at Sheffield United where he scored 22 goals and Blades made it to the play-offs and semi-finals of both cup competitions and final six months of last season when he formed such an impressive partnership with Michael Carrick as his favourites.
"To make my debut at 17 was fantastic,†he said. "I was one of the youngest to do that in the Premiership at the time but it's keeps getting younger and younger now!
"My first season at City, to play 30 games in the Premiership at that age was a real achievement. I had a dip after that then came back and that's what it's all about in football.
"Obviously the season at Sheffield United as well, those are the two seasons that really stand out.
"To be honest, I thought the six months of last season when Martin Jol took over was great as well, playing week in, week out in the Premiership.â€Â
Michael is now fighting it out with the likes of Michael Carrick, Edgar Davids, Teemu Tainio and Jermaine Jenas for one of those coveted midfield slots.
It's not a situation he's unfamiliar with though. "When I started at City there were a lot of players coming in and out so I was used to that from a very early age, especially competition in central midfield.
"I kept playing and kept coming back and that's in my nature. There are a lot of players here and of course I haven't played as much as I would have liked this season but I have to believe that will improve.
"It's a great place to be. We have a fantastic squad, we're sat in fourth place and if we can stay in that top six that's where we want to be. It's exciting times and long may that continue.â€Â
9 September 2016
It's less than a week until we mark our return to the Champions League and, with over 80,000 tickets already sold for our opening group match against AS Monaco, we can be sure of an incredible evening atmosphere at Wembley Stadium, connected by EE.
31 August 2016
We can confirm that our EFL Cup third round home tie with Gillingham will take place on Wednesday, September 21, kick-off 8pm at White Hart Lane.
7 July 2016
The squad will touch down in Melbourne in just over a fortnight as we return to Australia for our 2016 tour. To mark our second trip Down Under in as many years, we've spoken to members of our official Australian Supporters Club, OzSpurs. We have some fascinating stories - a fan who missed last year's tour after falling seriously ill, a policeman from a remote Aussie town who donated part of his liver to his son and a sports broadcaster who commentated on the 2014 World Cup - but gave it all up to be a teacher. These are our 'OzSpurs Stories' and we start today with the President of OzSpurs, Mark Lawson...
View mobile site
© Tottenham Hotspur Ltd 2016. All rights reserved.
All photography copyright Getty Images (unless otherwise stated)


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For more than 60 years the Democrats have claimed that they care about black people and different minorities. Hillary has been saying this herself in order to try win the votes of the minorities.
It was recently that the New Black Panther Party's leader Quanell X went on television in Houston, Texas to expose the lies of Hillary and the Democratic Party as a whole.
Check out the footage to see how they exploit minorities for political gain.


text: Just this guy, you know? I admit that I laugh every time that I watch this video. I'm sad that no footage of Bubbles made the cut (but not as sad as Bubbles is). And no, I don't have an electric guitar that I could have used for this. My producer just turned the gain all the way up. It worked…right?


text:
Content count1,428
Last visited
About JW1982
Ford Enthusiast
Contact Methods
First Name
Profile Information
Ford Model
Focus MK3 Champions Edition
Ford Year
UK/Ireland Location
Annual Mileage
0 to 5000
General Automotive
Car Modification
Previous Fields
The Netherlands
No, I am not a mechanic. I work as a team leader at a repair facility for (big) electric machines (industrial electric motors, generators, converters, etc.). I am basically responible for a team of mechanics. Next to this I am also an ATEX (ATmosphères EXplosibles) responsible person. I am basically responsible for the integrity, documentation and certification of every explosion protected machine that is repaired by our company/workshop. It is my job that a explosive protected machine still complies to the original certification or appropriate ATEX standard after repair or overhaul. My car is basically just a hobby. Most of the modifications I performed on my Focus MK3 are relative small. I am currently working on some bigger, technically more difficult modifications but these require a lot more research and testing. Unfortunately my spare time is limited so these projects may take some time.
JW1982 replied to Flibbib's topic in Ford Focus ClubYes, on the 1.6 Duratec the cat is integrated into the exhaust manifold. Some versions of the 1.6 TI-VCT do even have an exhaust manifold with 2 integrated cats.
JW1982 started following Anyone have links to a 1.6 (100hp) sports cat?
A_Jobson liked a post in a topic: throttle responce tuning box
JW1982 started following Replacing 1.6 Ford\Peugeot Duratorq
JW1982 replied to monza-racing's topic in Ford Focus ClubAssuming your car is a 2006 model none of the other Ford Diesel engines will be plug and play. Installing a different type of Ford Diesel engine requires a lot of parts and labour. To install the much better 1.8 TDCI for example you need at least the following parts: * 1.8 TDCI Engine including all parts, wiring harness and auxiliaries. * 1.8 TDCI PCM. * Engine bay wiring harness which is suitable for the 1.8 TDCI. * Gearbox which has the correct gear ratios for the 1.8 TDCI. * Complete exhaust system from front to back. * Complete air intake system including air filter box, hoses and intercooler. * Fuel lines. Next to this the 1.8 TDCI has different springs and larger brake discs than the 1.6 TDCI. These parts should also be changed. In my opinion you should only perform this conversion if you have access to a suitable donor car and loads of time. Otherwise it will be way too expensive.
Stoney871 liked a post in a topic: 12V Socket Focus MK3
Most Focus MK3 versions have the fuse box in the boot. Only low spec versions which do not have any options that require the rear fuse box do not have this fuse box.
JW1982 started following 12V Socket Focus MK3
Some time ago I installed a 12 Volt socket in the boot of my 2013 Focus MK3 hatchback. I connected the 12 Volt socket to the fuse box in the boot. This fuse box should have at least a few empty positions which can be used to connect additional equipment. My 12 Volt socket is connected exacly the same way as the 12 Volt socket of the Focus MK3 wagon (which has a 12 Volt socket as standard). The 12 Volt socket in the boot has a permanent 12 Volt power supply. All other 12 Voilt sockets in the car have a switched 12 Volt power supply (only 12 Volt if the CANbus system is active).
JW1982 replied to Rudgie1987's topic in Ford Focus ClubThe amount of work involved in retrofitting the Premium (Sony) audio system highly depends on the audio system that is currently installed into the car. The Premium (Sony) audio system is only compatible with the High Level audio system (with or without Sat Nav). The High Level audio system of the Focus MK3 has a 10 digit keypad and is always combined with either Bluetooth/Voicecontrol or SYNC 1.0/1.1. The High Level audio system of the Focus MK3.5 has a 8 Inch touchscreen in combination with SYNC 2.0. The Sony audio system is not compatible with the Low Level audio system. The Low Level audio system of both the MK3 and MK3.5 has a 6 digit keypad and no bluetooth functionality. The Low Level audio system has different/less wiring than the High Level and Sony audio systems.
JW1982 started following Retro Fitting 'Premium Audio' system in MK3 Focus
Incontro liked a post in a topic: Focus Mk2.5 to Mk1 stereo conversion?
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ayup liked a post in a topic: lcd mpg readout
JW1982 started following Need some help with the sat nav gps.
JW1982 replied to xlewisbdx's topic in Ford Focus ClubMost likely a defective GPS antenna. The GPS antenna is fully integrated into the antenna base on top of the roof. A defective GPS antenna is a known problem of most Ford models. During time the antenna base suffers from deteriorating seals which causes water ingress into the antenna base. As a result of the water ingress the GPS antenna circuit board corrodes and the GPS antenna will no longer work correctly. Because of this known problem Ford no longer produces the original Focus MK2/MK2.5 GPS antenna base. As a solution for this problem ford introduced a GPS antenna replacement kit which basically consists of a normal FM antenna base and a seperate GPS antenna which must be installed behind the windscreen. Unfortunately the Ford GPS antenna replacement kit is quite expensive. As a much cheaper alternative you can install an aftermarket GPS antenna with a Blue Fakra connector. These aftermarket GPS antennas can be found on Ebay for under €10,- including P&P. An aftermarket GPS antenna can easily be installed behind the A-pillar cover. This way the GPS antenna is invisible and the GPS reception is still great. Most times even better than the GPS reception of the original GPS antenna.
JW1982 started following lcd mpg readout
JW1982 replied to ayup's topic in Ford Focus ClubThe fact that you mention a button on the instrument cluster suggests that your car has the Level 1 instrument cluster. The Level 1 instrument cluster does not have a board computer so it is completely normal that you can not find it. The Focus MK2 was available with 3 different types of instrument cluster. Which type of instrument cluster is installed depends on trim level and selected options of the car. Level 1 instrument cluster. This type of instrument cluster has a small LCD display. This type of instrument cluster is installed to the lower trim levels and does not have a board computer. This type of instrument cluster has a button to reset the trip mileage counter. Level 2 instrument cluster. This type of instrument cluster has a larger LCD display. This type of instrument cluster is installed to the higher trim levels and has a board computer which is controlled by buttons on the indicator stalk. Level 3 instrument cluster. This type of instrument cluster has a dual LCD display. This type of instrument cluster is installed to the higher trim levels with factory satnav and/or automatic transmission. This instrument cluster has the same functionality as the Level 2 instrument cluster. The 2nd display is used to display satnav and/or automatic transmission info and also shows date/time.
v530anh liked a post in a topic: Focus Mk2.5 to Mk1 stereo conversion?
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JW1982 started following Air filters for Focus 2.0 TDCI
JW1982 replied to TheRookie's topic in Ford Focus ClubThe early Focus MK2 versions did have flat panel type air filters. Every type of engine basically has a slightly different type of air filter. After the interior facelift (early 2007) all engine types (except the Focus ST) have the same round type air filter. This round type air filter is currently still used on all Focus MK3/MK3.5 versions.
WES180 liked a post in a topic: Focus Mk2.5 to Mk1 stereo conversion?
JW1982 started following Focus Mk2.5 to Mk1 stereo conversion?
JW1982 replied to Bazinga's topic in Ford Focus ClubThe MK2/MK2.5 radio's have completely different dimensions and wiring than the MK1/MK1.5 radio's. This requires major modifications to the dashboard and dashboard panel and wiring. Next to this the MK2/MK2.5 radio's are technically completely different from the MK1/MK1.5 radio's. The MK2/MK2.5 radio's are connected to the CANbus system. Several data is communicated to and from the radio by using the CANbus system. The MK1/MK1.5 does not have a CANbus system at all so many functions will simply not work. The time and date function for example is integrated in both the radio and the instrument cluster. The MK2/MK2.5 radio shows the time and date that is stored in the instrument cluster memory. Without a MK2/MK2.5 instrument cluster the date/time function will not work correctly. The steering wheel control however will work fine. The steering wheel control is basically a resistance circuitry. Every steering wheel control function has its own resistance. The resistances of each function are basically the same for most Ford models.
Xsis2 liked a post in a topic: My Focus Mk3 Champions Edition
A suitable VIN number can easily be obtained from the Ford Etis website. You can enter the registration number of a Focus MK3 that has the SYNC 1.1 system on the Ford Etis website. The Etis website shows all specifications of that particular car including the VIN number.
Be aware that updates are only available for the SYNC 1.1 system onwards. The older SYNC 1.0 system can not be updated by the user. Updates for the SYNC 1.0 system can only be performed by a Ford dealer. If your car originally had the SYNC 1.0 system the Ford India and Australia websites will identifiy the car as a SYNC 1.0 vehicle based on the VIN number. A simple workarround for this is to make another user account using a VIN number of a Focus MK3 that has the SYNC 1.1 system. The latest availabel update for the SYNC 1.1 system is version v5.9 (file name 8L2T-14D546-AF) . This update can be downloaded from the following link: https://www.dropbox.com/s/71ntry1hxz2yeub/8L2T-14D546-AF.zip?dl=0
I registered on both the Ford India and Ford USA websites using my European VIN number without any problems. The latest USA SYNC 1.1 update is no longer suitable for European vehicles and the Ford India website is completely changed. The SYNC updates are no longer present on my user account. Ford recently added SYNC support on the Ford Australia website. On this website it is still possible to make a user account and download the SYNC update files. If needed I can also search for the update files on my computer and upload them .
DTC code U2100 is quite common. This DTC code is present in many FCDIM modules. Even on factory fitted FCDIM modules this DTC code is often present. This DTC code should not affect any functionality of the FCDIM module. Until now I have not found the cause of this DTC code or a possible solution. Personally I would just ignore this DTC code. On a SYNC 1.1 (APIM) module the APPlink function should work. However not all mobile devices are fully supported. If not already done I would update the SYNC 1.1 module to the latest software version first. The latest software solves a lot of issues. For example on older software versions Apple products can only be connected to APPlink using USB while Android products can be connected by Bluetooth. On the later software versions both Apple and Android can connect by Bluetooth.
JW1982 replied to kev62's topic in Ford Focus ClubELMconfig can be downloaded from the following website: http://www.civil.iffc.ru/elmconfig/ This is the website of the author of the ELMconfig program. This website can not be viewed correctly using the Microsoft Edge browser so you need to use another browser. To make the ELMconfig program work you may need to install the runtimepack first.