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January 14, 2013
RIVERISLAND COLD STORAGE, INC., ET AL., PLAINTIFFS AND APPELLANTS,v.FRESNO-MADERA PRODUCTION CREDIT ASSOCIATION,DEFENDANT AND RESPONDENT.
Court: Superior County: Fresno Judge: Adolfo M. Corona Super. Ct. No. 08CECG01416 Ct.App. 5 F058434
Fresno County
The parol evidence rule protects the integrity of written contracts by making their terms the exclusive evidence of the parties' agreement. However, an established exception to the rule allows a party to present extrinsic evidence to show that the agreement was tainted by fraud. Here, we consider the scope of the fraud exception to the parol evidence rule.
As we discuss below, the fraud exception is a longstanding one, and is usually stated in broad terms. However, in 1935 this court adopted a limitation on the fraud exception: evidence offered to prove fraud "must tend to establish some independent fact or representation, some fraud in the procurement of the instrument or some breach of confidence concerning its use, and not a promise directly at variance with the promise of the writing." (Bank of America etc. Assn. v. Pendergrass (1935) 4 Cal.2d 258, 263 (Pendergrass).) The Pendergrass rule has been criticized but followed by California courts, for the most part, though some have narrowly construed it. The Court of Appeal in this case adopted such a narrow construction, deciding that evidence of an alleged oral misrepresentation of the written terms themselves is not barred by the Pendergrass rule.
Plaintiffs, who prevailed below, not only defend the Court of Appeal's holding but, alternatively, invite us to reconsider Pendergrass. There are good reasons for doing so. The Pendergrass limitation finds no support in the language of the statute codifying the parol evidence rule and the exception for evidence of fraud. It is difficult to apply. It conflicts with the doctrine of the Restatements, most treatises, and the majority of our sister-state jurisdictions. Furthermore, while intended to prevent fraud, the rule established in Pendergrass may actually provide a shield for fraudulent conduct. Finally, Pendergrass departed from established California law at the time it was decided, and neither acknowledged nor justified the abrogation. We now conclude that Pendergrass was ill-considered, and should be overruled.
Plaintiffs Lance and Pamela Workman fell behind on their loan payments to defendant Fresno-Madera Production Credit Association (Credit Association or Association). They restructured their debt in an agreement, dated March 26, 2007, which confirmed outstanding loans with a total delinquency of $776, 380.24.*fn1 In the new agreement, the Credit Association promised it would take no enforcement action until July 1, 2007, if the Workmans made specified payments. As additional collateral, the Workmans pledged eight separate parcels of real property. They initialed pages bearing the legal descriptions of these parcels.*fn2
The Workmans did not make the required payments. On March 21, 2008, the Credit Association recorded a notice of default. Eventually, the Workmans repaid the loan and the Association dismissed its foreclosure proceedings. The Workmans then filed this action, seeking damages for fraud and negligent misrepresentation, and including causes of action for rescission and reformation of the restructuring agreement. They alleged that the Association's vice president, David Ylarregui, met with them two weeks before the agreement was signed, and told them the Association would extend the loan for two years in exchange for additional collateral consisting of two ranches. The Workmans further claimed that when they signed the agreement Ylarregui assured them its term was two years and the ranches were the only additional security. As noted, the contract actually contemplated only three months of forbearance by the Association, and identified eight parcels as additional collateral. The Workmans did not read the agreement, but simply signed it at the locations tabbed for signature.
The Credit Association moved for summary judgment. It contended the Workmans could not prove their claims because the parol evidence rule barred evidence of any representations contradicting the terms of the written agreement. In opposition, the Workmans argued that Ylarregui's misrepresentations were admissible under the fraud exception to the parol evidence rule. Relying on Pendergrass, supra, 4 Cal.2d 258, the trial court granted summary judgment, ruling that the fraud exception does not allow parol evidence of promises at odds with the terms of the written agreement.
The Court of Appeal reversed. It reasoned that Pendergrass is limited to cases of promissory fraud. *fn3 The court considered false statements about the contents of the agreement itself to be factual misrepresentations beyond the scope of the Pendergrass rule. We granted the Credit Association's petition for review.
A. The Parol Evidence Rule and the Pendergrass Limitation
The parol evidence rule is codified in Code of Civil Procedure section 1856 and Civil Code section 1625. It provides that when parties enter an integrated written agreement, extrinsic evidence may not be relied upon to alter or add to the terms of the writing.*fn4 (Casa Herrera, Inc. v. Beydoun (2004) 32 Cal.4th 336, 343 (Casa Herrera).) "An integrated agreement is a writing or writings constituting a final expression of one or more terms of an agreement." (Rest.2d Contracts, § 209, subd. (1); see Alling v. Universal Manufacturing Corp. (1992) 5 Cal.App.4th 1412, 1433.) There is no dispute in this case that the parties' agreement was integrated.
Although the parol evidence rule results in the exclusion of evidence, it is not a rule of evidence but one of substantive law. (Casa Herrera, supra, 32 Cal.4th at p. 343.) It is founded on the principle that when the parties put all the terms of their agreement in writing, the writing itself becomes the agreement. The written terms supersede statements made during the negotiations. Extrinsic evidence of the agreement's terms is thus irrelevant, and cannot be relied upon. (Casa Herrera, at p. 344.) "[T]he parol evidence rule, unlike the statute of frauds, does not merely serve an evidentiary purpose; it determines the enforceable and incontrovertible terms of an integrated written agreement." (Id. at p. 345; cf. Sterling v. Taylor (2007) 40 Cal.4th 757, 766 [explaining evidentiary function of statute of frauds].) The purpose of the rule is to ensure that the parties' final understanding, deliberately expressed in writing, is not subject to change. (Casa Herrera, at p. 345.)
Section 1856, subdivision (f) establishes a broad exception to the operation of the parol evidence rule: "Where the validity of the agreement is the fact in dispute, this section does not exclude evidence relevant to that issue." This provision rests on the principle that the parol evidence rule, intended to protect the terms of a valid written contract, should not bar evidence challenging the validity of the agreement itself. "Evidence to prove that the instrument is void or voidable for mistake, fraud, duress, undue influence, illegality, alteration, lack of consideration, or another invalidating cause is admissible. This evidence does not contradict the terms of an effective integration, because it shows that the purported instrument has no legal effect." (2 Witkin, Cal. Evidence (5th ed. 2012) Documentary Evidence, § 97, p. 242; see also id., §§ 66 & 72, pp. 206 & 211.) The fraud exception is expressly stated in section 1856, subdivision (g): "This section does not exclude other evidence . . . to establish . . . fraud."
Despite the unqualified language of section 1856, which broadly permits evidence relevant to the validity of an agreement and specifically allows evidence of fraud, the Pendergrass court decided to impose a limitation on the fraud exception.*fn5 The facts of Pendergrass are similar in certain respects to those here. Borrowers fell behind on their payments. They and the bank executed a new promissory note, which was secured by additional collateral and payable on demand. Soon after it was signed, the bank seized the encumbered property and sued to enforce the note. In defense, the borrowers claimed the bank had promised not to interfere with their farming operations for the remainder of the year, and to take the proceeds of those operations in payment. They alleged that the bank had no intention of performing these promises, but made them for the fraudulent purpose of obtaining the new note and additional collateral. (Pendergrass, supra, 4 Cal.2d at pp. 259-262.)
The Pendergrass court concluded that further proceedings were required to determine whether the lender had pursued the proper form of action. (Pendergrass, supra, 4 Cal.2d at pp. 262-263.) However, the court also considered whether oral testimony would be admissible to establish the lender's alleged promise not to require payment until the borrowers sold their crops. "This promise is in direct contravention of the unconditional promise contained in the note to pay the money on demand. The question then is: Is such a promise the subject of parol proof for the purpose of establishing fraud as a defense to the action or by way of canceling the note, assuming, of course, that it can be properly coupled with proof that it was made without any intention of performing it?" (Id. at p. 263.)
"Our conception of the rule which permits parol evidence of fraud to establish the invalidity of the instrument is that it must tend to establish some independent fact or representation, some fraud in the procurement of the instrument or some breach of confidence concerning its use, and not a promise directly at variance with the promise of the writing. We find apt language in Towner v. Lucas' Exr. [(1857)] 54 Va. (13 Gratt.) 705, 716, in which to express our conviction: 'It is reasoning in a circle, to argue that fraud is made out, when it is shown by oral testimony that the obligee contemporaneously with the execution of a bond, promised not to enforce it. Such a principle would nullify the rule: for conceding that such an agreement is proved, or any other contradicting the written instrument, the party seeking to enforce the written agreement according to its terms, would always be guilty of fraud. The true question is, Was there any such agreement? And this can only be established by legitimate testimony. For reasons founded in wisdom and to prevent frauds and perjuries, the rule of the common law excludes such oral testimony of the alleged agreement; and as it cannot be proved by legal evidence, the agreement itself in legal contemplation, cannot be regarded as existing in fact.' " (Pendergrass, supra, 4 Cal.2d at pp. 263-264.)
B. Reactions to Pendergrass
Despite some criticism, Pendergrass has survived for over 75 years and the Courts of Appeal have followed it, albeit with varying degrees of fidelity. (See Casa Herrera, supra, 32 Cal.4th at p. 346;Duncan v. The McCaffrey Group, Inc. (2011) 200 Cal.App.4th 346, 369-377 [reviewing cases]; Price v. Wells Fargo Bank (1989) 213 Cal.App.3d 465, 484-485 [discussing criticism]; Sweet, Promissory Fraud and the Parol Evidence Rule (1961) 49 Cal. L.Rev. 877 (Sweet) [criticizing Pendergrass].) Until now, this court has not revisited the Pendergrass rule.*fn6
The primary ground of attack on Pendergrass has been that it is inconsistent with the principle, reflected in the terms of section 1856, that a contract may be invalidated by a showing of fraud. (Coast Bank v. Holmes (1971) 19 Cal.App.3d 581, 591; Sweet, supra, 49 Cal. L.Rev. at p. 887; Note, Parol Evidence: Admissibility to Show That a Promise Was Made Without Intention to Perform It (1950) 38 Cal. L.Rev. 535, 538 (Note); see also Pacific State Bank v. Greene (2003) 110 Cal.App.4th 375, 390, 392.) Evidence is deemed admissible for the purpose of proving fraud, without restriction, in the Restatements. (Rest.2d Contracts, § 214, subd. (d), and coms. c & d, pp. 134-135; see also id., § 166, com. c, p. 452; Rest.2d Torts, § 530, com. c, p. 65.) Most of the treatises agree that evidence of fraud is not affected by the parol evidence rule. (E.g., 6 Corbin on Contracts (rev. ed. 2010) § 25.20[A], pp. 277-280; II Farnsworth on Contracts (3d ed. 2004) § 7.4, pp. 245-246; 11 Williston on Contracts (4th ed. 1999) § 33:17, pp. 632-633.) The majority of other jurisdictions follow this traditional view. (See Airs Intern., Inc. v. Perfect Scents Distributions (N.D.Cal. 1995) 902 F.Supp. 1141, 1146, fn. 15; Touche Ross, Ltd. v. Filipek (Haw.Ct.App. 1989) 778 P.2d 721, 728; Pinnacle Peak Developers v. TRW Investment Corp. (Ariz.Ct.App. 1980) 631 P.2d 540, 545 [collecting cases]; Sweet, supra, 49 Cal. L.Rev. at p. 889.)
Underlying the objection that Pendergrass overlooks the impact of fraud on the validity of an agreement is a more practical concern: its limitation on evidence of fraud may itself further fraudulent practices. As an Oregon court noted: "Oral promises made without the promisor's intention that they will be performed could be an effective means of deception if evidence of those fraudulent promises were never admissible merely because they were at variance with a subsequent written agreement." (Howell v. Oregonian Publishing Co. (Or.Ct.App. 1987) 735 P.2d 659, 661; see Sweet, supra, 49 Cal. L.Rev. at p. 896 ["Promises made without the intention on the part of the promisor that they will be performed are unfortunately a facile and effective means of deception"].) Corbin observes: "The best reason for allowing fraud and similar undermining factors to be proven extrinsically is the obvious one: if there was fraud, or a mistake or some form of illegality, it is unlikely that it was bargained over or will be recited in the document. To bar extrinsic evidence would be to make the parol evidence rule a shield to protect misconduct or mistake." (6 Corbin on Contracts, supra, § 25.20[A], p. 280.)
Pendergrass has been criticized on other grounds as well. The distinction between promises deemed consistent with the writing and those considered inconsistent has been described as "tenuous." (Coast Bank v. Holmes, supra, 19 Cal.App.3d at p. 591; see Simmons v. Cal. Institute of Technology (1949) 34 Cal.2d 264, 274; Note, supra, 38 Cal. L.Rev. at p. 537 [discussing Simmons]; Sweet, supra, 49 Cal. L.Rev. at p. 896 ["any attempt to forecast results in this area is a hazardous undertaking"].) The distinction between false promises and misrepresentations of fact has been called "very troublesome." (Sweet, supra, 49 Cal. L.Rev. at p. 895.) It has also been noted that some courts have resisted applying the Pendergrass limitation by various means, leading to uncertainty in the case law. (See Duncan v. The McCaffrey Group, Inc., supra,200 Cal.App.4th at pp. 369, 376-377; Sweet, supra, 49 Cal. L.Rev. at pp. 885-886; id. at p. 907 ["The California experience demonstrates that even where a restrictive rule is adopted, many devices will develop to avoid its impact"]; Note, The Fraud Exception to the Parol Evidence Rule: Necessary Protection for Fraud Victims or Loophole for Clever Parties? (2009) 82 So.Cal. L.Rev. 809, 829 (Fraud Exception) [reviewing cases, and concluding that "inconsistent application of the fraud exception . . . undermines the belief that the Pendergrass rule is clear, defensible, and viable"].)*fn7
In 1977, the California Law Revision Commission ignored Pendergrass when it proposed modifications to the statutory formulation of the parol evidence rule. The Commission advised the Legislature to conform the terms of section 1856 with rulings handed down by this court, observing: "As the parol evidence rule exists in California today, it bears little resemblance to the statutory statement of the rule." (Recommendation Relating to Parol Evidence Rule, 14 Cal. Law Revision Com. Rep., supra, pp. 147-148.) The Commission identified three opinions for consideration in designing revisions to the statute. (Id. at p. 148, fns. 6, 7, & 10, citing Delta Dynamics, Inc. v. Arioto (1968) 69 Cal.2d 525, Pacific Gas & E. Co. v. G. W. Thomas Drayage etc. Co. (1968) 69 Cal.2d 33, and Masterson v. Sine (1968) 68 Cal.2d 222.)
Conspicuously omitted was any mention of Pendergrass and its non-statutory limitation on the fraud exception. The Commission's discussion of the parol evidence rule set out the fraud exception without restriction, citing Coast Bank v. Holmes, supra, 19 Cal.App.3d 581, which was strongly critical of Pendergrass. (Recommendation Relating to Parol Evidence Rule, 14 Cal. Law Revision Com. Rep., supra, p. 148.)*fn8 The Commission's proposed revisions were adopted by the Legislature. They included no substantive changes to the statutory language allowing evidence that goes to the validity of an agreement, and evidence of fraud in particular. (Recommendation, at p. 152; see Stats. 1978, ch. 150, § 1, pp. 374-375.)
On the other hand, Pendergrass has had its defenders. Its limitation on evidence of fraud has been described as "an entirely defensible decision favoring the policy considerations underlying the parol evidence rule over those supporting a fraud cause of action." (Price v. Wells Fargo Bank, supra, 213 Cal.App.3d at p. 485; accord, Duncan v. The McCaffrey Group, Inc., supra, 200 Cal.App.4th at p. 369; Banco Do Brasil, S.A. v. Latian, Inc. (1991) 234 Cal.App.3d 973, 1010.) The Price court observed that "[a] broad doctrine of promissory fraud may allow parties to litigate disputes over the meaning of contract terms armed with an arsenal of tort remedies inappropriate to the resolution of commercial disputes." (Price, supra, at p. 485; see also Banco Do Brasil, at pp. 1010-1011.)
We note as well that the Pendergrass approach is not entirely without support in the treatises and law reviews. Wigmore, in a comment relied upon by the bank in Pendergrass and referred to indirectly by the Pendergrass court, has opined that an intent not to perform a promise should not be considered fraudulent for purposes of the parol evidence rule. (IX Wigmore, Evidence (Chadbourn rev. 1981) § 2439, p. 130; see Sweet, supra, 49 Cal. L.Rev. at p. 883; Pendergrass, supra, 4 Cal.2d at p. 264.) A recent law review comment, while critical of Pendergrass, favors limiting the scope of the fraud exception and advocates an even stricter rule for sophisticated parties. (Fraud Exception, supra, 82 So.Cal. L.Rev. at pp. 812-813.)
C. Pendergrass Reconsidered
There are multiple reasons to question whether Pendergrass has stood the test of time. It has been criticized as bad policy. Its limitation on the fraud exception is inconsistent with the governing statute, and the Legislature did not adopt that limitation when it revised section 1856 based on a survey of California case law construing the parol evidence rule. Pendergrass's divergence from the path followed by the Restatements, the majority of other states, and most commentators is cause for concern, and leads us to doubt whether restricting fraud claims is necessary to serve the purposes of the parol evidence rule. Furthermore, the functionality of the Pendergrass limitation has been called into question by the vagaries of its interpretations in the Courts of Appeal.
We respect the principle of stare decisis, but reconsideration of a poorly reasoned opinion is nevertheless appropriate.*fn9 It is settled that if a decision departed from an established general rule without discussing the contrary authority, its weight as precedent is diminished. (See, e.g., Phelan v. Superior Court (1950) 35 Cal.2d 363, 367-369; 9 Witkin, Cal. Procedure (5th ed. 2008) Appeal, § 537, pp. 606-608.) Accordingly, we review the state of the law on the scope of the fraud exception when Pendergrass was decided, to determine if it was consistent with California law at that time.
Earlier cases from this court routinely stated without qualification that parol evidence was admissible to prove fraud. (E.g., Martin v. Sugarman (1933) 218 Cal. 17, 19; Ferguson v. Koch (1928) 204 Cal. 342, 347; Mooney v. Cyriacks (1921) 185 Cal. 70, 80; Maxson v. Llewelyn (1898) 122 Cal. 195, 199; Hays v. Gloster (1891) 88 Cal. 560, 565; Brison v. Brison (1888) 75 Cal. 525, 528; see also 10 Cal.Jur. (1923) Evidence § 203, pp. 937-938; Sweet, supra, 49 Cal. L.Rev. at pp. 880-882.) As the Ferguson court declared, "Parol evidence is always admissible to prove fraud, and it was never intended that the parol evidence rule should be used as a shield to prevent the proof of fraud." (Ferguson, supra, 204 Cal. at p. 347.)
Historically, this unconditional rule was applied in cases of promissory fraud. For instance, in Langley v. Rodriguez (1898) 122 Cal. 580, the trial court excluded evidence of an oral promise by a packing company agent to make an advance payment to a grower. This court reversed, stating: "The oral promise to pay part of the agreed price in advance of the curing of the crop was in conflict with the provision of the written contract that payment would be made on delivery of the raisins at the packing-house, and if the promise was honestly made it was undoubtedly within the rule forbidding proof of a contemporaneous or prior oral agreement to detract from the terms of a contract in writing. The rule cannot be avoided by showing that the promise outside the writing has been broken; such breach in itself does not constitute fraud. [Citations.] But a promise made without any intention of performing it is one of the forms of actual fraud (Civ. Code, sec. 1572); and cases are not infrequent where relief against a contract reduced to writing has been granted on the ground that its execution was procured by means of oral promises fraudulent in the particular mentioned, however variant from the terms of the written engagement into which they were the means of inveigling the party. [Citations.]" (Langley, supra, 122 Cal. at pp. 581-582; see also, e.g., Hays v. Gloster, supra, 88 Cal. at p. 565; Brison v. Brison, supra, 75 Cal. at p. 528.)
Interestingly, two years after Pendergrass this court fell back on the old rule in Fleury v. Ramacciotti (1937) 8 Cal.2d 660, a promissory fraud case. Ramacciotti, a mortgage debtor, claimed he had signed a renewal note without reading it, relying on a false promise that the note included a provision barring a deficiency judgment. (Id. at p. 661.) The trial court ruled in Ramacciotti's favor. The Fleury court affirmed, stating summarily: "Plaintiff's contention that the evidence was admitted in violation of the parol evidence rule is of course untenable, for although a written instrument may supersede prior negotiations and understandings leading up to it, fraud may always be shown to defeat the effect of an agreement." (Id. at p. 662; see also Stock v. Meek (1950) 35 Cal.2d 809, 815-816 [mistake of law case, quoting old rule and language from Rest. of Contracts permitting extrinsic evidence of mistake or fraud].)
Thus, Pendergrass was plainly out of step with established California law. Moreover, the authorities to which it referred, upon examination, provide little support for the rule it declared. The Pendergrass court relied primarily on Towner v. Lucas' Exr., supra, 54 Va. 705, quoting that opinion at length. (Pendergrass, supra, 4 Cal.2d at pp. 263-264.) In Towner, a debtor relied on an oral promise of indemnity against payment on surety bonds. However, no fraud was alleged, nor was it claimed that the promise had been made without the intent to perform, an essential element of promissory fraud. (Towner, supra, 54 Va. at pp. 706, 722; see Langley v. Rodriguez, supra, 122 Cal. at p. 581; 5 Witkin, Summary of Cal. Law, supra, Torts, § 781, p. 1131.) While dicta in Towner provides some support for the Pendergrass rule, the Towner court appeared to be principally concerned with the consequences of a rule that mere proof of nonperformance of an oral promise at odds with the writing would establish fraud. (Towner, supra, 54 Va. at p. 716; see Sweet, supra, 49 Cal. L.Rev. at pp. 884-885.)
Pendergrass also cited a number of California cases. Yet not one of them considered the fraud exception to the parol evidence rule. (Pendergrass, supra, 4 Cal.2d at p. 264,citing Harding v. Robinson (1917) 175 Cal. 534, Lindemann v. Coryell (1922) 59 Cal.App. 788, McArthur v. Johnson (1932) 216 Cal. 580, Pierce v. Avakian (1914) 167 Cal. 330, Booth v. Hoskins (1888) 75 Cal. 271, and Estate of Watterson (1933) 130 Cal.App. 741. See Harding,at p. 539 ["As the complaint is totally insufficient to raise an issue of fraud, so, also, are the findings totally insufficient to establish fraud"]; Lindemann, at p. 791 ["no questions of fraud, deceit or mistake are raised"]; McArthur, at p. 581 [" 'No issues of invalidity, illegality, fraud, accident or mistake were tendered' "]; Pierce, at p.331 [no allegation of fraud]; Booth, at p. 276 [no fraud; "The whole case shows that Booth justly owed the defendant all the money claimed by him"]; Watterson, at p. 745 [discussing mistake and ambiguity, but not fraud].)
Accordingly, we conclude that Pendergrass was an aberration. It purported to follow section 1856 (Pendergrass, supra, 4 Cal.2d at p. 264), but its restriction on the fraud exception was inconsistent with the terms of the statute, and with settled case law as well. Pendergrass failed to account for the fundamental principle that fraud undermines the essential validity of the parties' agreement. When fraud is proven, it cannot be maintained that the parties freely entered into an agreement reflecting a meeting of the minds. Moreover, Pendergrass has led to instability in the law, as courts have strained to avoid abuses of the parol evidence rule. The Pendergrass court sought to " 'prevent frauds and perjuries' " (id. at p. 263), but ignored California law protecting against promissory fraud. The fraud exception has been part of the parol evidence rule since the earliest days of our jurisprudence, and the Pendergrass opinion did not justify the abridgment it imposed. For these reasons, we overrule Pendergrass and its progeny, and reaffirm the venerable maximstated in Ferguson v. Koch, supra, 204 Cal. at page 347: "[I]t was never intended that the parol evidence rule should be used as a shield to prevent the proof of fraud."
This court took a similar action in Tenzer v. Superscope, Inc. (1985) 39 Cal.3d 18 (Tenzer). Tenzer disapproved a 44-year-old line of cases to bring California law into accord with the Restatement Second of Torts, holding that a fraud action is not barred when the allegedly fraudulent promise is unenforceable under the statute of frauds. Considerations that were persuasive in Tenzer also support our conclusion here. The Tenzer court decided the Restatement view was better as a matter of policy.*fn10 (Tenzer, supra, 39 Cal.3d at p. 29.) It noted the principle that a rule intended to prevent fraud, in that case the statute of frauds, should not be applied so as to facilitate fraud. (Id. at p. 30.) The court further reasoned that restricting fraud claims was not necessary to prevent nullification of the statute of frauds, because promissory fraud is not easily established. Proof of intent not to perform is required. It is insufficient to show an unkept but honest promise, or mere subsequent failure of performance. (Ibid.) " '[S]omething more than nonperformance is required to prove the defendant's intent not to perform his promise.' [Citations.] To be sure, fraudulent intent must often be established by circumstantial evidence. . . . However, if [a] plaintiff adduces no further evidence of fraudulent intent than proof of nonperformance of an oral promise, he will never reach a jury." (Id. at pp. 30-31.)
Here, as in Tenzer, we stress that the intent element of promissory fraud entails more than proof of an unkept promise or mere failure of performance. We note also that promissory fraud, like all forms of fraud, requires a showing of justifiable reliance on the defendant's misrepresentation. (Lazar v. Superior Court, supra, 12 Cal.4th at p. 638.) The Credit Association contends the Workmans failed to present evidence sufficient to raise a triable issue on the element of reliance, given their admitted failure to read the contract. However, we decline to decide this question in the first instance. The trial court did not reach the issue of reliance in the summary judgment proceedings below, nor did the Court of Appeal address it.*fn11
We affirm the Court of Appeal's judgment.
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Name of Opinion Riverisland Cold Storage, Inc. v. Fresno-Madera Production Credit Association
Unpublished Opinion
Original Appeal
Original Proceeding
Review Granted XXX 191 Cal.App.4th 611
Rehearing Granted
Opinion No. S190581
Date Filed: January 14, 2013
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Title: Thru the Bible with J. Vernon McGee Volume ...
Publisher: Thru the Bible Radio
Book Condition: Good
Book Description Thomas Nelson Inc, Nashville, Tennessee, U.S.A., 1982. Hardcover. Book Condition: Very Good. Dust Jacket Condition: Good. 10 1/4". NOT an ex library book. Clean interior pages. Dust jacket has longer tears top front by spine and endflap, short chip and tears on rear, some sunfade by spine. Bookseller Inventory # 113569
More Information About This Seller | Ask Bookseller a Question


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Minnesota Music
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St. Patrick's Day is nearly upon us, and what better way to celebrate than with a live broadcast at a Minneapolis Irish pub?
Next Monday, March 17, 2014, The Current's Morning Show is broadcasting live from Kieran's Irish Pub in downtown Minneapolis.
Starting at 6 a.m., Steve Seel and Jill Riley will be spinning tunes and hosting Morning Show regulars like Trivia Mafia and Twinkie Jiggles Broken Orchestra live on the air. Come down, listen to some live music, watch radio magic happen and do what any good person would do at an Irish pub on the morning of St. Patrick's Day.


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- Worldwide Rank #109,616,707
- Follower/Following Ratio 0.79
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Emily Rose Twitter Stats
@00emilyrose - Tracking Emily Rose Twitter profile since July 28, 2016
Yeshua is the love of my life! | You will seek Me and find Me when you seek Me with all your heart. http://remnantexodus.org/
Texas, USA
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Emily Rose Twitter Followers
@00emilyrose has 11 followers on Twitter.
This account is #109,616,707 in the worldwide rank of the most popular Twitter users.
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this may be an idiot question but i've completed all the missions besides this one. it seems when i look for the barret of the sniper it isn't even there even though my marker on the map is right on top of the waypoint marker. if anyone knowsRead more >


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House Sitting in Quigley Park, Albuquerque
Find a loving dog sitter to watch your dog overnight in your home.
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text: Home Gallery Video Bic Bic Flexperience Human Curling Bic: Bic Flexperience Human Curling Curling, more exciting than ever. Published on Apr 11, 2011 Editor's Pick Buzzman, Paris, the agency behind the Tipp Ex Bear YouTube stunt, are back with more wackiness in a Keith Schofield-directed online video and game featuring a human curling puck for Bic. Now we're just waiting for the hockey version to come out. Rate this Ad You must be registered to rate the ad. Please Login or Register Now About CreditsDateApr 11, 2011Agency:Buzzman Client:BicDirector:Keith SchofieldProduction Company:Caviar ParisCreative Director:Georges Mohammed-ChérifCopywriter:Tristan DaltroffCopywriter:Romain RepellinArt Director:Louis AudardAgency Producer:Vanessa BarbelExecutive Producer:Mourad BelkeddarExecutive Producer:Emmanuel ReyeLine Producer:Eric BrownEditor:Samuel DanesiPost Producer:Christian ForgetArtistic Director:Regis Boulanger CategoryGameViralWeb FilmWebsite Latest Creativity News on Ad Age 1stAveMachine, Click 3X, Humble Add Director Duos Lowe's Latest Spot Is 'Multi-Porpoise' Romance, Bromance Ruined by a Cheeky Skywriter in Slim Jim's New Spot Advertisement Ad Age Events Nov 02 Los Angeles, CA SummitAd Age Brand Summit The Ad Age Brand Summit in Los Angeles peels apart the layers of brand building with a carefully crafted roster of top marketing, technology, and creative leaders. Learn more Related work Bic: Say What You Mean Miami Ad School Bic: The Secret Y&R Sao Paulo Bic: The Hipstervention McCann Melbourne Want to see your work in our gallery? Submit now


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MOUNT WASHINGTON— Building a multi-million dollar sports complex is useless someone plays in it, which is why the city of Mount Washington is looking to create a tourism commission.
An ordinance was recently read that, if approved, will establish a Recreation, Tourist, and Convention Commission, otherwise known as the Mount Washington Convention and Visitors Bureau.
The ordinance was read for the first time at last Monday's city council meeting.
HILLVIEW -- Coming off a year in which the Hillview City Council was facing bankruptcy over a major lawsuit, the six incumbents will face challenges from five other individuals on Nov. 8.
A total of 11 individuals have filed for the six council seats. This year's election is non-partisan.
Lisa Boggs
When Lisa Boggs makes a decision, it not only affect her but also the entire community.
FRANKFORT – (October 28, 2016) Trick-or-treaters, parents, motorists and homeowners all play important roles in keeping Halloween safe. The Kentucky State Police offer the following tips for a safe and enjoyable Halloween:
The 1966 Shepherdsville High School had their 50th Class Reunion on October 15, 2016.
The ones who attended included:
(front row left to right) Phyllis "Mattingly" Buttry, Pat "Hurt" Estep, Margaret "Elder" McClearn, Vicki "Keith" Vaughn, Barabra "Shelton" Webb, DElores "Hermes" Snellon, Wanda "Bennington" Losch.
SHEPHERDSVILLE -- After the final three Class 5-A, Region 3 games were played last Friday, the three Bullitt County teams were all tied at 3-2 for the second, third and fourth-place spots for the play-offs which start next Friday throughout Kentucky.
Unfortunately, the tie won't be broken until late on Friday when results from other games across the state are tabulated.
The tie-breaking system takes the number of wins of teams that the squads involved in the tie have beaten during the season.
SHEPHERDSVILLE – Once again this season The Pioneer News will run the results from the Greater Bullitt County Youth Football League in each Wednesday edition during the season.
The statistics used each week are provided to the newspaper by the league and the individual teams. Questions about yardage, scoring and tackles should be directed to the league and those teams.
Leave it to the Cynical Journalist to squeeze blood from the turnip of impossibility.
Each year at this time we try to gather a list of potential Halloween horror movie ideas based on local or current news events.
This year has been a momentous calendar year, one like I've never experienced before, mostly because I wasn't around in the 1960s, nor the 1860s.
UPDATE (10/28, 11:05 a.m.) - Shepherdsville Police report that they have located the missing juvenile.
The department thanked the community for their assistance in the situation.
In its first year, the Brooks Elementary Beta Club has hit the ground running.
The members started off participating in the Light the Night Walk to benefit the Leukemia and Lymphoma Society.
The club personally raised $317.77 toward the team's goal of $2,852.25.
LOUISVILLE -- The Class 3-A, Region 3 Championship Cross-Country races will be held Saturday at E.P. Tom Sawyer State Park in eastern Jefferson County with all three Bullitt County programs taking part.
Copyright © 2016
The Pioneer News Online is your source for local news, sports, events and information in Bullitt County and Shepherdsville, KY, and the surrounding area.


text: Home Gallery Video Nokia Anna Nokia: Anna Published on Oct 15, 2008 Editor's Pick Rate this Ad You must be registered to rate the ad. Please Login or Register Now About CreditsDateOct 15, 2008Client:NokiaAgency:Wieden + Kennedy LondonCreative Director:Ben WalkerCreative Director:Matt GoodenCreative:Fabian BerglundCreative:Ida GronblomAgency Producer:Danielle StewartProduction Company:AcademyDirector:Luke TaylorDirector:Gavin RoweMusic:Check by Goose Tagstelecom/mobile phones Europe GenreComedy/Dialog Latest Creativity News on Ad Age Wieden & Kennedy Names Colleen DeCourcy Global CCO, Shifts to Shareholder Model Meet Ad Age's 2016 Power Players Charlize Theron Walks on Water for Dior Advertisement Ad Age Reports Partner White Paper 7 Tips for Keeping Your Creative Team Inspired Beat the creative slump with this informative guide which includes great advice on how to keep your team positive, productive and inspired. Brought to you by Shutterstock Premier. Learn more Related work Nokia: Open Song Project Naked Communications Copenhagen Nokia: Gulp Wieden & Kennedy Nokia: My Superfun House Party JWT France Want to see your work in our gallery? Submit now


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Thursday, September 29, 2016
Big Island Volunteer Fire Company Inc.2016 Gun LotteryThe Big Island Vol. Fire Co. Inc. 2016 Gun Lottery has begun. The fire company will be giving away the highest quality, and most expensive firearms we ever have. The lottery will begin on Monday, December 26th 2016. Winners will be selected by using the 11pm Virginia Pick 3 Lottery numbers, in exact match. Winning ticket holders can redeem their winnings at Black Dog Sporting Goods located at 1291 Burnbridge Road in Forest VA. Winners of handguns must be 21 years of age to redeem their prize. Winner of rifles and shotguns must be 18 years old to redeem their prize. All winners must successfully pass a firearms background check at Black Dog Sporting Goods. Cash alternatives are not allowed unless it is worked out with Black Dog Sporting Goods. Tickets are $20 each.Tickets can be purchased from any member or stopping by the firehouse. After Friday, September 30th tickets will also be available at Black Dog Sporting Goods. Tickets can be purchased by mailing your payment to the firehouse. Mail your payment to: Big Island Volunteer Fire Company Inc. - C/O Gun Lottery - P.O. Box 122 - Big Island VA, 24526. Your ticket stub(s) will be mailed back to you. If you include a cell phone number your stub(s) will be texted to you as well. Monday, December 26th: --------- Mossberg MVP, tactical with fluted bull barrel, (.308)Tuesday, December 27th: --------- S&W 686 Talo edition, 3" barrel, (357mag)Wednesday, December 28th: ---- S&W 442 (38spc)Thursday, December 29th: ------- Cimmaron Gen. Patton replica (45 Long Colt)Friday, December 30th: ----------- Ruger SP101 revolver (38spc)Monday, January 2nd: ------------- Ruger American Predator (.308)Tuesday, January 3rd: ------------- Henry Golden Boy (22LR)Wednesday, January 4th: -------- Glock 19 Gen3 (9mm)Thursday, January 5th: ----------- Glock 23 Gen3 (40SW)Friday, January 6th: --------------- Glock 30S (45acp)Monday, January 9th: ------------ FN FNS9C pistol (9mm)Tuesday, January 10th: ----------- H&K VP9mm pistol (9mm)Wednesday, January 11th: ------ Ruger SR1911 stainless (45acp)Thursday, January 12th: ---------- Ruger 10/22 Tiger edition, engraved stock (22LR)Friday, January 13th: ------------- Henry Fireman edition (22LR)Monday, January 16th: ---------- Anderson AR15 (5.56)Tuesday, January 17th: ---------- Anderson AR15 (5.56)Wednesday, January 18th: ----- Anderson AR15 (5.56)Thursday, January 19th: -------- Anderson AR15 (5.56)Friday January 20th: ------------- Anderson AR15 (5.56)Thank you for your continued support, and good luck!Big Island Volunteer Fire Company
Friday, May 6, 2016
Company 2 units were alerted to a single car MVC with entrapment and patient not responding. Units realizing that the area was short staffed added Co.1 for Rescue 1 not knowing exactly what to expect. Units arrived to find the subject self extricating and County 10 tending to the patient. Personnel sweeped the area for any remaining hazards and the patient was transported by Medic 14-1.
Saturday, April 30, 2016
A little before noon Co.2, 3 and 5 were alerted to a industrial structure fire at the GP facility in Big Island. Units were on scene quickly and encountered a moderate smoke condition inside the facility and confirmed a working fire. With the assistance of the on site fire brigade units quickly made work of the fire that had made extension from the basement floor to the roof via exhaust fans. Units checked for additional extension and cleared shortly afterwards.http://bigislandmill125.com/
Thursday, April 21, 2016
Today's tractor trailer MVC. The crash occurred at the intersection of Lee Jackson Highway and Cleo Court.
Sunday, April 17, 2016
W2 and B2 just cleared from a three motorcycle crash at MP68 on the Blue
Ridge Parkway. One patient was flown by Centra One and two more were
ground transported. Centra One's landing zone was ON the Blue Ridge
Parkway bridge. Thanks to the Bedford County and Amherst County
Sheriff's Offices for blocking both ends of the bridge so we could focus
on the safety of the patients, and the helicopter crew.
Wednesday, March 30, 2016
Company 2 units were alerted to a structure fire a few miles into Amherst County. Units from Amherst were onscene quickly and made a quick knock on the fire. Units were in service shortly afterwards.
Friday, March 25, 2016
This evening Company 2 units were alerted for a small brush fire on the Blue Ridge Parkway. Units had the small fire under control in about 30 minutes and in the process of clearing the scene. Brush 2 was proceeding up the parkway to find a spot to turn around and noticed what seamed to be smoke and fire on a nearby ridge. Due to the location and topography of this fire two more alarms were sounded for Co.3 and Co.1 for assistance. Units operated for a couple hours to contain this fire which was very suspicious in nature.
Friday, February 26, 2016
Wagon 2 on display at the 2016 Virginia Fire Chiefs Association
Conference in Virginia Beach. We are proud to be one of four apparatus
representing WVES/Seagrave.
Sunday, November 8, 2015
Around the first of the year Big Island Fire Company was awarded a grant from CSX transportation. This grant was used to purchase two portable light units and new attack hose for our Wagon that was due to be delivered in August. Without the help from CSX these purchases would had not been possible due to the decrease funding we have seen over the past few years.
Thank you CSX and all of your employees that help keep America moving.
Wednesday, November 4, 2015
Company 2 units were on duty at the station when Co.3 (Boonsboro) received a call for a fully involved vehicle fire. Wagon 2 w/3 offered assistance and started towards the scene due to the close proximity to jurisdiction lines. Units arrived to find the cab & engine compartment fully involved and stretched a line to make a knock on the fire and near by brush that had been ignited. Shortly afterwards R-3 and W-3 arrived to make quick work of the remaining fire.
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Rachael Ray's Chicken Parm Pizza
Total Time
Prep 15 mins
Cook 22 mins
This is such a versatile pizza to make. Instead of ground chicken, you can use diced up chicken breasts; instead of shredded provolone you can use shredded mozzarella. Make as recipe states, or use what you have in the frig--it's a great weeknight meal that can be made in a jiffy.
Ingredients Nutrition
- 1 pizza crust (store bought pizza dough)
- cornmeal or flour, for dough
- 2 tablespoons extra virgin olive oil (2 turns of the pan plus a drizzle)
- 1 lb ground chicken
- 3 garlic cloves, chopped
- 1 small onion, chopped
- salt
- pepper
- 1⁄4 cup fresh flat leaf parsley, chopped
- 2 pinches crushed red pepper flakes
- 2 pinches dried oregano
- 1 (8 ounce) can tomato sauce
- 1 cup grated parmigiano-reggiano cheese
- 1 1⁄2 cups shredded provolone cheese
- 5 -6 leaves fresh basil (torn or shredded)
- Preheat oven to 425°F.
- Coat hands and work surface with a little cornmeal or flour.
- Using your hand or a rolling pin, form a 14-inch round pizza.
- Place pizza on a baking sheet or pizza stone and poke the top with a few holes.
- Drizzle a little bit of extra-virgin olive oil down over the dough and place in oven.
- Bake 10 minutes.
- Meanwhile, heat a deep skillet over medium-high heat with 2 tablespoons of extra-virgin olive oil.
- Add meat and break it up with a wooden spoon.
- To browned meat, add garlic and onions, then season with salt and pepper.
- Cook together 5 to 6 minutes then add parsley, red pepper flakes, oregano and the tomatoes to the pan.
- Heat the sauce through.
- Remove pizza from oven after 10 minutes and top with sauce and cheeses.
- Return to oven and bake until golden and bubbly, another 10 to 12 minutes.
- Top the pizza with basil, cut and serve.
Most Helpful
Very tasty pizza, I used diced chicken.
This was so great! It inspired me to fina a good chicken parm sub that was still healthy.
Great recipe! I used bilobi pizza crust (I've tried the regular crust and whole wheat - both were great). I didn't have fresh herbs on hand, so I used dried parsley and basil. I used already minced garlic. I couldn't find shredded provolone by itself so I used provolone and mozzarella one time and another time I used a mixture of cheese which was just called pizza cheese. This was very easy to make and very good!


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Discussion in 'Rugby League Forum' started by 1952ripper, Jan 7, 2013.
Where can you get manly number plate surrounds,had a look on manly shop site ,tried eBay nothing?
I got a pair for Fathers Day last year. I had my car parked on the street while celebrating last Xmas at a friends place at Long Reef and came out to find that someone had had a go at trying to take the front one off.Desperate people as the weather was crap and it was Xmas day.
you can go all out now (probably have been around a while and i'm just slow) and get the actual plate - https://www.myplates.com.au/design_a_plate/index.html?vehicletype=LIGHT_VEHICLE&stylegroup=NRL
Separate names with a comma.


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Midland XTC Surf Mount
- Surf Mount
- Adheres to surfboards, kayaks, wakeboards and more
Do you know all the features of Midland XTC Surf Mount? At smashinn, we select tennis & padel items that are customized for different activities and sports. If you are looking for Electronics instead, take a look at our complete Action cameras accessories collection. All the brands we sell like Midland are all linked to the sport or activity they represent. All of our passion brands are tested in-house by our team of tennis & padel experts!
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Hatake Clan
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|Hatake Clan [1]
|(はたけ一族, Hatake Ichizoku)
|Appears in
|Anime, Manga, Novel, Game, Movie
|Clan Data
The Hatake Clan (はたけ一族, Hatake Ichizoku) is one of the many clans that reside in Konohagakure.
Its only known members are renowned ninja: Konoha's White Fang (木ノ葉の白い牙, Konoha no Shiroi Kiba) Sakumo, and his son Copy Ninja Kakashi (コピー忍者のカカシ, Kopī Ninja no Kakashi). The latter would later become the Sixth Hokage following the end of the Fourth Shinobi World War. The clan possessed at least one heirloom: the White Light Chakra Sabre, which produced white chakra when swung.
- "Hatake" (畑) means "farmland".


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Available with us in several grades and specifications, our products stand high on the counts of quality. Buyers across Chennai(India) and other markets can contact us for purchasing our product all year round.
Sreevaru Exports
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The captain of the steamship Link uses in Phantom Hourglass. He's a complete coward, and only agrees to help Link when he learns of the possible treasure involved. He provides most of the comic relief in the game.
- Boss Remix: When he becomes possessed by Bellum, the boss music is a remix of his leitmotif.
- Character Development: Notably. He goes from a greedy, cowardly crook to saving Link and Tetra from Bellum, then giving up his original goal of treasure so he can get his ship back.
- Cool Boat: He ends up treasuring his S.S. Linebeck more than the riches he's pursuing.
- Cowardly Lion: After some Character Development.
- Cowardly Sidekick: He never accompanies Link during his adventures in the dungeons or the islands.
- Demonic Possession: He becomes the final boss under the influence of the parasite Bellum.
- Did You Just Punch Out Cthulhu?: He rescues Link and Tetra from Bellum by stabbing it in the tentacle with the Phantom Sword. And he gets possessed by Bellum in retaliation.
- Expy: He bears a certain resemblance to a certain Captain Jack Sparrow.
- Identical Grandson: Linebeck III in The Legend of Zelda: Spirit Tracks.
- Jerk with a Heart of Gold: Despite his mean-spirited and cowardly attitude, he is a good person at heart. Good luck getting him to show it.
- Legacy Character: As of Spirit Tracks, he has a descendant living in New Hyrule (Linebeck III).
- Psycho Ex-Girlfriend: You're being chased by his ex Jolene throughout the game, and forced to fight her if she catches up to your ship.
A fairy with Laser-Guided Amnesia, who found Link on the shore. She helps him throughout the game.
- Character Development: Mildly. She goes from being a short-tempered, impatient kid to truly growing into her role as the Spirit of Courage.
- Deadpan Snarker: Only regarding Linebeck. She doesn't just hate his jerkish, cowardly behaviour, she despises it. Which makes sense for the spirit of courage. She does show some appreciation for the "heart of gold" part of him, though.
- Exposition Fairy: She's a Suspiciously Similar Substitute of Navi and Tatl, even having similar attitudes to both of them.
- Laser-Guided Amnesia: She's lost her memories when Link meets her. She regains them twice: when she realises her role as the Spirit of Courage, and during the first fight with Bellum.
- Suspiciously Similar Substitute: Of Navi, even featuring the same voice, albeit her personality is a bit more short-tempered. Once Ciela's true power and "color" are revealed, she becomes a Suspiciously Similar Substitute of Tatl from Majora's Mask.
- Sword Beam: When Link equips her as his cursor, she lets him do these.
- Time Stop: Grants a brief version of this to Link during the final battle with Bellum in the form of Phantom Spheres. Link must draw an hourglass shape to stop time.
Oshus/ The Ocean KingCiela's father figure, who lives in a hut on a cliff at Mercay Island. He is a grumpy, ill-tempered Cool Old Guy. He is also the creator of the Phantom Hourglass, i.e. the Ocean King, and he watches over the Great Sea. However, he has been weakened into his human form by Bellum.
- Arch-Enemy: To Bellum.
- Big Good: Once he gets his powers back.
- Big Ol' Eyebrows: He has a pair, even in his whale-like Ocean King form.
- Cool Old Guy: A grumpy old man who knows enough about a sword to teach you your moves. He does appear to act senile at times, but he's kind-hearted.
- Elderly Immortal: In his Ocean King form.
- Light Is Good: He's the Big Good of the game and he's a white whale.
- One-Winged Angel: When he turns into his true giant flying whale form.
- Sealed Good in a Can: Bellum sealed his power and he is forced to remain in old man form.
- Suspiciously Similar Substitute: To the Wind Fish from Link's Awakening.
The main villain of Phantom Hourglass, Bellum is a malevolent, parasitic creature. It rose from the depths and fed on life force, trapping the Ocean King in a feeble human form while it prowled the seas for victims in a Ghost Ship. It kidnapped Tetra to feed on her life force at the outset of the game. With little characterization, Bellum seems more like a parasitic force of nature than a truly malicious villain.
- Arch-Enemy: To Oshus.
- Attack Its Weak Point: The main eye in its mouth and the eyes on its tentacles.
- Attack of the 50-Foot Whatever: Bellum is quite large when Link first fights him, but surprisingly shrinks a bit afterwards.
- Big Bad: It's the source for all the calamities that occur in the waters of the Ocean King.
- Bishonen Line: It possesses Linebeck to assume a more humanoid form.
- Boss Subtitles: Bellum, Evil Phantom.
- Casting a Shadow: Gathers dark energy around Linebeck before possessing him.
- Combat Tentacles: Both its means of attack, and its weak points during the first phase of the battle.
- Dark Is Evil: Lampshaded by Oshus.Oshus: I struggled against my attacker in a great clash. But his evil was so dark that it slowly drained away my own life force.
- Demonic Possession: It uses this when it takes over the Ghost Ship, and again when it takes over Linebeck's body.
- Determinator: After losing his first fight to Link that resulted in his lair collapsing on him, Bellum managed to survive to kidnap Tetra again and attempt to escape with her on the Ghost Ship. After Link and Linebeck destroy the Ghost Ship, Bellum emerges and attempts to devour both Link and Tetra, only to be stopped by Linebeck. At that point, Bellum possesses Linebeck just to fight Link one last time.
- Dishing Out Dirt: The Sands of Hours, used to fuel the Phantom Hourglass, was used by Bellum to create countless monsters to find more victims.
- Eldritch Abomination: Probably the most straight-up example in the series. Not only does it have a surreal form, but it's impossible to communicate with, lives far beyond the reach of man and uses avatars to interact with the outside world, doesn't think in anything even resembling human terms, and probably isn't even sentient. It more or less just is, which is one of the defining characteristics of a classic abomination.
- Eyeless Face: Its lone eye is hidden in a mouth full of sharp teeth.
- Eyes Do Not Belong There: Its main eye is in its mouth.
- Faceless Eye: On its tentacles and in its mouth, no less.
- Fangs Are Evil: As pictured.
- Flight: Bellum can fly through the air.
- Flunky Boss: In its first fight with Link, it summons goo enemies to assist it in battle.
- "Get Back Here!" Boss: Bellum possesses the Ghost Ship to escape with Tetra. Link and Linebeck must chase it down to rescue her.
- Ghost Ship: The haunted ship that sails the waters of the Ocean King belongs to Bellum, who even possesses it physically during a phase of the final battle to attack Link.
- Hive Mind: It controls the Phantom Guards this way.
- Intangible Man: Bellum can move through walls, which it uses to kidnap Tetra again.
- Knight of Cerebus: Bellum has absolutely no comedic traits and the mood gets darker when he's finally revealed. And when he possesses Linebeck, things really get dire.
- Life Drain: It feeds on Life Force, and possessed the Ocean King's Temple to drain it from adventuerers.
- Meaningful Name: Bellum is Latin for "war".
- Mother of a Thousand Young: It used the Sands of Hours to create countless monsters to find more victims.
- Nigh Invulnerable: There's only one weapon in all of existence that can harm Bellum: the Phantom Sword. But even then, it takes direct hits to his main eye to actually harm him. Other than that, the thing is pretty durable, surviving having its lair collapse on him and the sinking of the Ghost Ship. And that's not even going into when it possesses Linebeck and turns him into a Phantom, which has hard armor all over him.
- Non-Indicative Name: It is supposedly an Evil Phantom, but there is nothing phantom-like about him (aside from its ability to travel through walls). This is subverted when it possesses Linebeck and turns him into a Phantom-esque knight, thus making his title more meaningful.
- Nothing Is Scarier: We know next to nothing about this thing other than Oshus's backstory. We don't know where it came from or what it wants or if it's even sentient. The fact that it never speaks only adds more to the mystery. It just is. It just exists.
- Puppeteer Parasite: It feeds on Life Force and it possesses Linebeck for the final battle.
- Supernatural Gold Eyes: In its mouth and tentacles.
- Super Spit: Spits out toxic goo from its pool for the first fight.
- Suspiciously Similar Substitute: Of Majora's Mask: a tentacle user with big, staring eyes, who seems more like a mindless, destructive force rather than a plotting villain.
- Taken for Granite: What happens to those it drains of their life force, such as Tetra.
- Taking You with Me: In the Phantom Hourglass Manga, it attempts a suicide attack on Oshus, saying they will both die together. Thankfully, Link and the gang managed to stop him.
- Vile Villain, Saccharine Show: Even though Phantom Hourglass is more lighthearted than other Zelda games (including its predecessor, The Wind Waker), the happy moments stop once this villain comes into the scene; it's an Eldritch Abomination that feeds on life force, nearly kills Oshus (though he gets beter), and is devoid of any humorous traits.
- Villainous Glutton: Its hunger is its only motivation for its actions.
- The Voiceless: Aside from the weird warbling noise it makes, it doesn't utter a single line of dialogue. This is subverted in the Phantom Hourglass manga, where it's Suddenly Voiced.
- Would Hurt a Child: It kidnapped Tetra at the outset of the game.
Linebeck's ex-girlfiend and a wily sword-wielding pirate. Link must battle her at least twice to complete the game, and can fight her additional times to receive rewards from Linebeck.
- Cool Boat: A small and ornate ship that can easily outperform the S.S. Linebeck in speed and fire tornadoes.
- Evil Counterpart: She is this to Link. Both are sword-wielding characters who travel the seas looking for people they know. While Link wishes to save Tetra and the Ocean King, Jolene just wants to settle her score with Linebeck.
- Even Evil Has Loved Ones: Adores her younger sister.
- Fragile Speedster: Is extremely fast and agile, but cannot withstand more than four strikes from Link.
- Psycho Ex-Girlfriend: Is this to Linebeck. Then again, he did steal her treasure before ditching her.
- Sinister Scimitar: Her weapon of choice.
- Worthy Opponent: She comes to see Link as this.


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Antitrust Battle Begins
Legislation that would partially repeal professional baseball's 73-year-old antitrust exemption was introduced by senators trying to end the baseball strike.
As promised last week, Senate Judiciary Committee Chairman Orrin G. Hatch (R-Utah) and Sen. Daniel Patrick Moynihan (D-N.Y.) introduced the first bipartisan legislation of this Congress addressing the antitrust exemption.
House Speaker Newt Gingrich said he does not support Hatch's proposal.
Mike Easler, who did not want to work with replacement players who make more money than he does, was dropped as hitting instructor of the Boston Red Sox.
Baseball's expansion committee talked about the possibility of adding two teams to one league instead of adding one team each to the American and National leagues.
The United League, promising to start play in 1996 whether the strike is settles, announced its first six cities and backed off plans to have cities build stadiums for its teams.
The United League, which would be the first on-field challenger to the American and National leagues since the Federal League in 1914-15. It announced franchises in Los Angeles, New Orleans, New York, Washington and San Juan, Puerto Rico, and Vancouver, British Columbia.


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""IVAN"" Top 5 Page for this destination Znojmo Things to Do Tip by balhannah
Znojmo Things to Do: 27 reviews and 93 photos
"IVAN"......Commemorate's the end of Word War II.
Ivan, is a bronze statue of a Red Army Soldier holding a machine gun and standing high on a polished granite Pedestal in the centre of a busy Virgin Mary Square [round-about]. It was right here, on May 8th 1945, Znojmo resident's welcomed the first Red Army tanks.
The memorial was designed in 1953 and some unhappy people have tried to destroy it.
Even today, the presence of the Red Army soldier at the central traffic junction of the city is controversial, how-ever, it is a part of history. The gardens surrounding the statue were beautiful, full of annual's in flower, nice!
Address: Virgin Mary Square
Website: http://www.znojmocity.cz/EN/vismo/dokumenty2.asp?id_org=100451&id=1076&p1=52
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Hotels near Grevin Museum
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- Most bookedHôtel 34B - AstotelTop-rated for breakfast
618 people looked at this hotel in the last hour
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"Local in vibrant neighborhood. Handy to metro. High quality breakfast at fair price. Room was quiet and very clean. The staff was very helpful and polite. Fun and energetic decor."
A Traveller, Dec 2016, US
- Hotel Corona OperaTop-rated for families
479 people looked at this hotel in the last hour
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"Excellent service from staff. Very clean and modern. Great location. Our room for three was quite small but would have been perfect fo two. Shower was great."
A Traveller, Sep 2016, CA
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"Great hotel for the price. Excellent location. Quiet but close to many key sites. "
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"The beds were heavenly and the location was great, however, the rooms were for very small."
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"We stayed for 3 nights and had a great stay. The room was smaller than we thought but that only mattered because we put a baby cot in it. There were plenty of things to do within walking distance and restaurants and supermarkets. We loved it there and would definitely stay again. It wasn't noisy ..."
E, Jul 2016, US
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"We are repeat customers that love the Villa Opera Drouot. We feel very at home there. It's lovely, conveniently located, and has an excellent staff. Good restaurants, transportation, shopping, and museums are close by. We were so charmed last year with our experience that we brought another f..."
B, Nov 2016, US
178 people looked at this hotel in the last hour
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"The hotel was very central. The room was quite small but comfortable when you consider how much time us actually spent in the room. Perhaps a superior room would be better. Our only gripe was the extremely small shower. It is a very busy street but very convenient. Staff very helpful."
A Traveller, Nov 2016, GB
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"Lovely little hotel in the city centre,close to all amenities and right next to the metro. Would definitely go back!!!"
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"Easy, clean room; fun neighborhood; staff spoke multiple languages; great spot for exploring Montmarte."
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22 people looked at this hotel in the last hour
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"Wonderful little hotel with character and friendly staff. Close to 2 Metro Stations, lots of restaurants but still off the main tourist path."
A Traveller, Jul 2016, US
Map of hotels near Grevin Museum
- Eiffel Tower
- Paris City Centre
- Paris Opera
- Louvre Museum
- Champs-Elysees
- Paris Expo Porte de Versailles
- Arc de Triomphe
- Marais
- Notre Dame Cathedral
- Paris Nord Villepinte Exhibition Centre
- Galeries Lafayette
- AccorHotels Arena
- Stade de France
- 15th Arrondissement
- Palais des Congres de Paris
- Montmartre
- Place de la Bastille
- Place de la Republique
- Bercy Village
- 7th Arrondissement
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The University of Alaska Southeast held commencement ceremonies at its three campuses in Sitka, Ketchikan and Juneau over the weekend.
At the Juneau campus on Sunday, Chancellor John Pugh said UAS would award nearly 700 degrees, certificates and occupational endorsements in 2013. He said the regional university model benefits communities throughout Southeast and around the state.
"UAS has been able to reach out to communities throughout Alaska with e-learning programs to provide access to hundreds of students who would not have had the opportunity to attend college if there were not these programs that reach out all over Alaska, and the Lower 48, and even the world," Pugh said.
This year's commencement keynote speaker was former KTOO General Manager Charles Northrip, who received an honorary doctorate from the university for his accomplishments in the field of broadcasting. Northrip is currently working to set up independent media operations in war-torn Sudan and South Sudan with the Education Development Center's Sudan Radio Service. He previously did similar work in the Balkan countries of Bosnia and Herzegovina.
Northrip quoted comedian George Carlin in his message to graduates: "George said, 'People who dance are considered insane by people who can't hear the music.'"
Northrip challenged graduates to hear their own music.
"Not everyone's music is the same," he said. "Mine seems to lead me into building stations, or networks, or to places where somebody needs help or even a rescue. I've had many colleagues who've stayed in the same place for a long time, but have done pioneering research, or created works of art or performance."
This year's student speaker was Forest Haven, a Social Science major who graduated with a 3.99 grade point average. Originally from Metlakatla, Haven earned an Associate's degree from the UAS Ketchikan campus before transferring to Juneau to earn her Bachelor's degree.
In preparing for her speech, she asked classmates what graduation means to them. She noted that the common theme seemed to be that getting an education allows graduates to be better people and do something for others.
"One of the greatest things that I will take away from the educational experience here is the knowledge that we can affect change beyond ourselves," Haven said. "I don't mean we have to be Ghandi or Mother Theresa. But I am saying we, all of us, must remember that we are part of a community, whether you see that community as Juneau, as the United States, or even as humanity."
Haven said her post-graduation plans include fishing, hunting and pursuing a PhD in Anthropology.
Other speakers at UAS commencement included University of Alaska Student Regent Mari Freitag and UA System President Pat Gamble.
The University of Alaska Anchorage also held its graduation ceremony on Sunday. University of Alaska Fairbanks commencement is this coming Sunday.
Recent headlines
Money management at Mental Health Trust raises concernsLegislators are considering a special audit of the Alaska Mental Health Trust and how the trustees are investing its money.
Alaska Alcohol and Marijuana Control Office director resignsCynthia Franklin, who helped guide Alaska's work in setting up the state's legal marijuana industry, is resigning as director of the Alcohol and Marijuana Control Office.
Accusations of fake news and Islamophobia fill Anchorage AssemblyAn online controversy spread to the halls of city government in Anchorage on Tuesday, with accusations flying about fake news, liberal media bias and a militant Islamic training camp in Wasilla that does not exist.
John Glenn, first American to orbit the Earth, dies at 95Former Sen. John Glenn has died at 95. After a career as a Marine pilot, Glenn was chosen as an astronaut. He was the third American in space.


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More companies are discovering the SharePoint services available free with Windows Server 2003. Others are deploying full-fledged SharePoint servers for even more powerful collaboration. But succeeding with SharePoint requires extensive technical knowledge: the knowledge you'll find in this book.
Two leading SharePoint consultants start by introducing SharePoint Portal Server portals: security, content, structure, personalization, search, and more. Next, they turn to Windows SharePoint Services, showing how to customize team sites and document or meeting workspaces using Microsoft's tools. There are step-by-step instructions for working with custom lists and data; using SharePoint libraries; and customization with Pages and Web Parts.
The heart of the book: detailed scenarios for constructing SharePoint solutions for document collaboration, project collaboration, meeting management, and intranets. The authors' best practices will serve you well, whether you're supporting a workgroup or an enterprise. Bill Camarda, from the August 2005 Read Only


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So Long, Jay: Senator's decision is best for West Virginia
It is unfortunate that Sen. Jay Rockefeller, D-W.Va., does not really represent most of his constituents here in the Mountain State. He has become a classic example of a so-called "progressive" who refuses to truly move forward with the people who sent him to Washington.
Rockefeller's decision not to run for re-election in 2014 came as no real surprise, then. Despite his enormous personal wealth, his long string of election successes and his leadership in a party that still dominates state politics, Rockefeller probably would have lost the 2014 election to Rep. Shelley Capito, R-W.Va., who has announced her candidacy for a Senate seat.
For decades, the Rockefeller brand of liberalism played well in our state. During his two terms as governor, his free-spending philosophy kept him popular at the polls, paving the way for his election to the Senate, where he has served since 1985. He was especially careful not to alienate special interests such as the state's big teachers' unions.
All the while, under Rockefeller and several of his predecessors, what amounted to a gigantic state debt was building up. It was left to a successor, Gov. Gaston Caperton, and legislators during his tenure (1989-97) to begin the process of paying down billions of dollars in unfunded liabilities.
More and more during the past 20 years or so, West Virginians have come to realize that ultra-liberal politicians are leading us down a path to ruin.
Yet Rockefeller never changed. During recent years he has refused to battle President Barack Obama on coal and supported initiatives such as "Obamacare."
Most West Virginians – including many who consider themselves staunch Democrats – have matured politically. The state's other U.S. senator, Joe Manchin, represents their views on fiscal discipline and personal freedom much better than has Rockefeller.
When they go to the polls in November 2014, then, Mountain State voters will not be looking for a Rockefeller clone to succeed him. They will want – and vote for – exactly the opposite: someone who actually will represent us in the U.S. Senate.


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Betaspring again made a list of the top accelerators in the country by the Seed Accelerator Rankings Project. more
By Lori Stabile
Mastermind Adventures LLC hosts events designed to bring fun learning experiences to youths. CEO Krysten Callina, of Somerset, who founded the limited-liability company on Feb. 2 with her husband, Jason, tested out the premise informally … more
By Patricia Daddona | email@example.com | 3/17/16
Born in Germany to an Egyptian mother and a British father, it's no wonder Mark J. Mason's Providence design agency has an international flavor. The fast-growing Shellshock Inc. on Weybosset Street is projecting to double its revenue in … more
By Eli Sherman | email@example.com | 3/23/16
Richard Culatta is Rhode Island's chief innovation officer. His role will focus on opening up government and using data to solve problems. more
By Patricia Daddona | email@example.com | 3/23/16
FALL RIVER – The city is one of four clusters of marine technology in the country, and new grants might give it an edge in the industry. Mass. Gov. Charlie Baker announced on Aug. 16 that the University of Massachusetts Dartmouth and its … more
Greycork, a startup that sells easy-to-assemble furniture geared to urban millennials, recently closed a $1 million series seed funding round led by ff Venture Capital and others. more
By Lori Stabile
Eight individuals were presented with IntraCity Innovation Awards during HackPVD, a three-day event held earlier this month at the Providence Public Library. more
By Lori Stabile
Providence is one of the best cities for startups in the country. more
By Lori Stabile
Women & Infants researchers have received two $25,000 grants for projects focusing on preeclampsia from Women & Infants Hospital's Constance A. Howes Women's Health Innovation Research Fund. more
By PBN Staff
Three health care organizations, Blue Cross & Blue Shield of Rhode Island, Lifespan and Coastal Medical, have partnered to coordinate care for 45,000 patients. more
By Patricia Daddona


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Complete Kits
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Availability : In Stock - 1 Business Days Processing+Shipping
Product Code : KSRRSA
Our Rudolph and Santa Standee shows theClassic cartoon characters that everyone loves. This freestanding cardboard prop measures 6' high x 4' 8" wide and is printed on one side. Gather your friends and family for a fun photo next to the Rudolph and Santa Standee. Easy assembly.
Copyright Rudolph the Red-Nosed Reindeer & The Rudolph Co., L.P. All elements under license to Character Arts, LLC. All rights reserved.
Please allow ample time for delivery. Our estimated delivery date for this product is noted in checkout. Many items are shipped separately, so please allow extra time for these items to arrive. Shipping charges are based on the value of the merchandise and not the number of shipments. For additional shipping information, please contact our Customer Service Department at (1-800-314-8736).
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