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February 4, 2011
3W S.A.M. TOUT BOIS,PLAINTIFF,v.ROCKLIN FOREST PRODUCTS, INC., A CALIFORNIA CORPORATION, DEFENDANT.
Plaintiff 3W s.a.m. tout bois ("Plaintiff") brings suit pursuant to 28 U.S.C. § 1332(a)(2). (ECF No. 1.) Plaintiff alleges several violations against Defendant Rocklin Forest Products, Inc. ("Defendant"), including breach of contract, breach of the covenant of good faith and fair dealing, fraud in inducement, fraudulent misrepresentation, and common counts for money had and received, account stated, and unjust enrichment.
Defendant filed a Motion to Dismiss Plaintiff's Complaint for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure Rule 12(b)(6).*fn1 For the reasons stated below, Defendant's motion is granted in part and denied in part.*fn2
This action arises out of a dispute regarding an oral agreement between Plaintiff and Defendant for the sale of hardwood veneer.*fn4 On or about May 2008, agents of both Plaintiff and Defendant met in Slovenia to discuss Defendant's interest in obtaining hardwood veneer from Plaintiff for Defendant's resale to its customers. Ultimately, Plaintiff agreed to sell, and Defendant agreed to buy, approximately 25,000 square meters of hardwood veneer.
This veneer was to be sent in two separate shipments consisting of two different grades of the product: a premium "Jaguar" burl veneer, and a lesser quality burl veneer (hereinafter, "Non-Jaguar"). Both parties understood and acknowledged that the Jaguar burl was of much higher quality and value than the Non-Jaguar burl. Under the terms of this oral agreement, Defendant agreed to pay Plaintiff $18.00 USD per square meter, representing a blended rate of the two grades of veneer for the total sale.
Approximately one month later, pursuant to this agreement, Plaintiff sent to Defendant the first shipment of veneer consisting entirely of the Non-Jaguar variety. This shipment was invoiced by Plaintiff on July 25, 2008, and received by Defendant on or around September 2008.
In October 2008, an agent of Defendant returned to Slovenia to select a pallet of the Jaguar burl veneer for the second shipment. Immediately thereafter, Plaintiff sent this final shipment by air freight as was specifically requested by Defendant, rather than the usual method of surface shipment, and invoiced Defendant on October 24, 2008.
After the final shipment was sent, Defendant notified Plaintiff that the Jaguar veneer had been damaged in transit and Defendant intended to make an insurance claim for the loss. Defendant requested documentation from Plaintiff to show the Jaguar veneer's individual value separate from the blended rate with the Non-Jaguar. Plaintiff refused this request on the ground that the veneer purchased was a mixed lot bought as a whole with an agreed-upon blended rate of $18.00 USD per square meter.
Plaintiff further informed Defendant that since it had accepted both shipments, thereby completing Plaintiff's performance of the agreement, Defendant would be solely responsible for handling any issues regarding loss of its own property.
The total amount of veneer sent to Defendant was 24,184.85 square meters in close approximation and fulfillment of the agreement for 25,000 square meters. The total amount owed to Plaintiff for these goods is $435,327.30, of which Defendant has paid nothing.
On a motion to dismiss for failure to state a claim under Rule 12(b)(6), all allegations of material fact must be accepted as true and construed in the light most favorable to the nonmoving party. Cahill v. Liberty Mut. Ins. Co., 80 F.3d 336, 337-38 (9th Cir. 1996). Rule 8(a)(2) requires only "a short and plain statement of the claim showing that the pleader is entitled to relief," to "give the defendant fair notice of what the...claim is and the grounds upon which it rests." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007) (internal citations and quotations omitted). Though "a complaint attacked by a Rule 12(b)(6) motion" need not contain "detailed factual allegations, a plaintiff's obligation to provide the 'grounds' of his 'entitlement to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Id. at 555 (quoting Papasan v. Allain, 478 U.S. 265, 2869 (1986)).
A plaintiff's "factual allegations must be enough to raise a right to relief above the speculative level." Id. (citing 5 C. Wright & A. Miller, Federal Practice and Procedure § 1216 (3d ed. 2004) ("[T]he pleading must contain something more...than...a statement of facts that merely creates a suspicion [of] a legally cognizable right of action.")).
Further, "Rule 8(a)(2)...requires a 'showing,' rather than a blanket assertion, of entitlement to relief. Without some factual allegation in the complaint, it is hard to see how a claimant could satisfy the requirements of providing...grounds on which the claim rests." Twombly, 550 U.S. at 555 n.3 (internal citations omitted). A pleading must then contain "only enough facts to state a claim to relief that is plausible on its face." Id. at 570. If the "plaintiffs...have not nudged their claims across the line from conceivable to plausible, their complaint must be dismissed." Id.
Once the court grants a motion to dismiss, they must then decide whether to grant a plaintiff leave to amend. Rule 15(a) authorizes the court to freely grant leave to amend when there is no "undue delay, bad faith, or dilatory motive on the part of the movant." Foman v. Davis, 371 U.S. 178, 182 (1962). In fact, leave to amend is generally only denied when it is clear that the deficiencies of the complaint cannot possibly be cured by an amended version.
See DeSoto v. Yellow Freight Sys., Inc., 957 F.2d 655, 658 (9th Cir. 1992); Balistieri v. Pacifica Police Dept., 901 F. 2d 696, 699 (9th Cir. 1990) ("A complaint should not be dismissed under Rule 12(b)(6) unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.") (internal citations omitted).
A. Breach Of Contract
Under California law, to state a claim for breach of contract, the plaintiff must plead: (1) existence of the contract; (2) plaintiff's performance or excuse for nonperformance of the contract; (3) defendant's breach of the contract; and (4) resulting damages. Armstrong Petrol. Corp. v. Tri Valley Oil & Gas Co., 116 Cal. App. 4th 1375, 1391 n.6 (2004). The Statute of Frauds requires a contract for the sale of goods to be in writing where the transaction meets or exceeds $500. Cal. U. Com. Code § 2201(1). Oral contracts will be enforced, however, if they satisfy one of the Statute of Frauds exceptions enumerated in Cal. U. Com. Code § 2201(3).
Section 2201(3)(c) sanctions an enforceable oral contract where the goods have been received and accepted, as defined by § 2606, in partial performance of the agreement. Goods are considered accepted under § 2606 once the buyer takes any one of the following actions:
(a) signifies to seller that he will take goods in spite of nonconformity after reasonable opportunity to inspect; (b) fails to reject goods after reasonable opportunity to inspect;
(c) takes any action inconsistent with seller's ownership of the goods; or (d) accepts any part of the unit.
Plaintiff does not specify in its complaint whether the agreement at issue was oral or in writing, but does not deny in its opposition Defendant's contention that the contract was oral. Instead, Plaintiff claims their agreement satisfies the "partial performance" exception to the Statute of Frauds because Defendant accepted the Jaguar burl veneer. Plaintiff has specified the dates Defendant received both shipments of veneer, and Defendant has not denied receiving the goods. The facts as pled therefore satisfy the requirement that Defendant received the goods.
Defendant does contend, however, that Plaintiff has not met its burden to show that the goods were accepted under § 2606. Though Plaintiff does not specify precisely which definition of acceptance applies to Defendant's conduct, it has pled enough facts to demonstrate a likelihood that Defendant did accept the goods. Defendant received the first shipment of Non-Jaguar in September 2008, and consistent with exception (b) of § 2606, did not at any point reject the goods. The fate of the second shipment is less clear. Defendant appeared to be rejecting the Jaguar burl veneer by proposing that Plaintiff "take back" the goods. (Compl. ¶ 34.) Before this proposal, however, Defendant attempted to make a claim against its insurance company for the value of the damaged Jaguar burl veneer. (Compl. ¶ 48.)
This action appears to be inconsistent with Plaintiff's ownership of the goods as most insurance policies do not cover loss of property owned by a company other than the insured. Such conduct fits within exception (c) of § 2606, which satisfies the final requirement for recognizing an enforceable oral contract.
This Court finds that enough facts have been pled to indicate that an enforceable oral contract existed between the parties. Defendant's Motion to Dismiss Plaintiff's first claim for breach of contract is denied.
B. Breach Of The Covenant Of Good Faith And Fair Dealing
The implied covenant of good faith and fair dealing rests upon the existence of some specific contractual obligation. Foley v. Interactive Data Corp., 47 Cal. 3d 654, 683-84 (1998). The covenant of good faith is read into contracts to protect the express terms or promises of the contract. Id. at 690.
Defendant's sole contention in moving to dismiss this claim is that no enforceable contract exists on which to hinge the covenant of good faith and fair dealing. Because the Court has determined that Plaintiff has pled enough facts to demonstrate that the parties had an enforceable oral contract, this claim is sufficient to stand. Defendant's Motion to Dismiss Plaintiff's second claim for breach of good faith and fair dealing is denied.
C. Fraud In The Inducement - Promise Made Without Intent To Perform
In addition to meeting the standards of Rule 8 and Twombly, a claim for fraud must meet the heightened pleading standard of Rule 9(b), which requires a plaintiff to state with particularity the facts and circumstances which give rise to the fraud alleged. Plaintiff pleads only general facts in its claim for fraud in the inducement, and does not state with sufficient particularity the circumstances surrounding the fraud, or facts indicating Defendant in fact committed fraud. Plaintiff merely pleads that Defendant "actually intended...it would not pay for the shipments that it received." (Compl. ¶ 29).
A conclusory statement without specific facts pled to show why Plaintiff believed Defendant intended never to pay for the goods does not satisfy the heightened pleading requirement. On the facts pled, this Court fails to see how Defendant's nonpayment of goods received rises to the level of fraud. Because Plaintiff does not satisfy the pleading requirement, the Court does not reach the Economic Loss Rule issue at this juncture. Defendant's Motion to Dismiss Plaintiff's third claim for promise made without intent to perform is granted.
D. Fraudulent, Intentional Misrepresentation
Intentional misrepresentation is subject to the same heightened pleading requirements of Rule 9(b). A sufficiently pled complaint for fraud contains specific information such as the "time, place, and specific contents of the false representations." Edwards v. Marin Park, Inc., 356 F.3d 1058, 1066 (9th Cir. 2004) (internal citations omitted).
Here, Plaintiff does plead enough facts to indicate the specific contents of the false representations alleged. However, Plaintiff fails to specifically state the time, place and surrounding circumstances of the fraud. The Complaint is insufficient to withstand dismissal on a claim for fraud. Defendant's Motion to Dismiss Plaintiff's fourth claim for intentional misrepresentation is granted.
E. Common Counts - Money Had And Received
A general common count claim is merely a statement that the defendant is indebted to the plaintiff for one of any variety of reasons. G. Hirsch & Co. v. AmerisourceBergen Corp., No. 06-00608, 2006 U.S. Dist. LEXIS 32895 at *6-7 (N.D. Cal.
May 17, 2006). Claims for money had and received may be used to request recovery upon every form of quasi-contractual obligation. Stone v. White, 301 U.S. 532, 534 (1937). Money had and received is an equitable remedy that permits restitution where consideration has "wholly failed." Bank of America Nat'l Trust & Sav. Ass'n. v. Hayden, 231 F.2d 595, 601 (9th Cir. 1956).
California has three elements for a common count: (1) statement of indebtedness of a specified sum; (2) statement of the consideration; and (3) non-payment. G. Hirsch & Co., No. 06-00608, 2006 U.S. Dist. LEXIS 32895 at *6-7 (citing Farmers Ins. Exchange v. Zerin, 53 Cal. App. 4th 445 (1997)). When a common count is used as an alternative claim seeking the same recovery demanded in a specific cause of action based on the same facts, the common count may be dismissed if the cause of action is dismissed. McBride v. Boughton, 123 Cal. App. 4th 379, 394-95 (2004).
Defendant argues that Plaintiff's common count claim does not meet the Rule 8 pleading standard because it does not mention specific facts on which to base the allegation. However, Plaintiff re-alleges and incorporates by reference each of the prior allegations, which do contain specific facts alleging the amount owed, the consideration, and non-payment. Because the Court declines to dismiss Plaintiff's claim for breach of contract, this Court sees no reason to dismiss Plaintiff's common count for money had and received. Defendant's Motion to Dismiss Plaintiff's fifth claim for money had and received is denied.
F. Common Counts - Account Stated
The common count of account stated arises where a creditor renders a statement of the account with money owed to the debtor and that debtor failed to object to the statement within a reasonable time.
TXU Energy Retail Co., v. Agri-Cel, Inc., No. 01-20289, 2006 U.S. Dist. LEXIS 62385 *17-18 (N.D. Cal. Aug. 16, 2006) (citing Nilsson, Robbins, Dalgarn, Berliner, Carson & Wurst v. Louisiana Hydrolec, 854 F.2d 1538 (9th Cir. 1988)). The agreement underlying this account statement is typically implied from the circumstances rather than expressly stated. Id.
Plaintiff's account stated claim easily meets the same general common count elements noted above as it too re-alleges and incorporates by reference all prior allegations. These prior allegations specifically note the specific sum owed to Plaintiff, the consideration for that sum, and non-payment. Thus, Defendant's Motion to Dismiss Plaintiff's sixth claim for account stated is denied.
G. Common Counts - Unjust Enrichment
Unjust enrichment is not a stand-alone cause of action under California law. McKell v. Wash. Mut. Inc., 142 Cal. App. 4th 1457, 1490 (2006). Further, unjust enrichment is not recognized as a cause of action in the Eastern District of California. Smith v. Aurora Loan Servs., No. 10-0198, 2010 U.S. Dist. LEXIS 92687 at *14-15 (E.D. Cal. Sept. 3, 2010). A cause of action must underlie a request for unjust enrichment that gives rise to a right to restitution. McBride v. Boughton, 123 Cal. App. 4th 379, 387-88 (2004).
Plaintiff's claim fails as a matter of law and cannot be remedied. Thus, Defendant's Motion to Dismiss Plaintiff's seventh claim for unjust enrichment is granted without leave to amend.
As a matter of law, and for the reasons set forth above, Defendant's Motion to Dismiss Plaintiff's Complaint (ECF No. 9.) is GRANTED as to claims 3 and 4 with leave to amend, GRANTED as to claim 7 without further leave to amend, and DENIED as to claims 1, 2, 5, and 6. Plaintiff may file an amended complaint not later than twenty (20) days after this Memorandum and Order is filed electronically. If no amended complaint is filed within said twenty (20)-day period, the Court will dismiss Plaintiff's claims without further notice and without leave to amend.
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Courthouse Attorney (Character)
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FilmographyEdit Credits
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Common Craft – Online Communication Planning: How to Succeed as a Blogger: "I met Howard from Howard's Musings last week at the Seattle Weblogger's Meetup. He's been blogging since 1999 and has some funny and interesting things to say about becoming a blogger and what it takes to succeed. Check out this entry."
– This one links from this blog to another to another. Very Cool. Can't get a clearer picture then from Howard on this one. -ed.


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Mentoring Women - One Year Committment
Cause Areas
WhenTue Aug 04, 2015 - Fri Dec 30, 2016
Where6101 MLK Jr. Blvd.Tulsa, OK 74126
Resonance is looking for women volunteers to join our mentoring program for (non-violent) offenders at Turley Residential Center (about 8 miles north of Tulsa) on Tuesday evenings, twice a month in a group setting. Our reentry service helps non-violent offenders before and after they release, reintegrate into the Tulsa community. You can help by encouraging these women to think positively and by teaching them how to make better decisions. It is our goal to help troubled women change for good! As these women change, their families and our community changes. Come be a positive role model and truly make a difference in someone's life! Lots of fun activities that encourage bonding and community engagement. This requires a one-year commitment with a flexible start date!
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At least 25 years old
Stable Lifestyle
Positive Social skills
Emotionally mature
Willing to help women with a non-violent felony conviction
Have own transportation
Pass a criminal background check
Attend initial training
- Mentoring
Good Match For
Requirements & Commitment
- Driver's License Needed
- Background Check
- Must be at least 25
- Orientation or Training
- One-Year
- See Opportunity Description


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Come and spend the weekend playing in the snow, drinking microbrews from around the state, and eating great Chili creations!!
Location: Philipsburg, MT
Time: 11:00 AM
Stroll Philipsburg
Please email the chamber for further details on any of the following:
Add items to the "More Info" box:


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text:
Fairport Asset Management II Financing
Fairport Asset Management II, Llc, Limited Liability Company just submitted form D because of $4.90 million equity financing. This is a new filing. Fairport Asset Management II was able to finance itself with $113,084 so far. That is 2.31% of the financing offer. The total private offering amount was $4.90 million. The form was filed on 2016-07-08. The reason for the financing was: unspecified. The fundraising still has about $4.79 million more and is not closed yet. We have to wait more to see if the offering will be fully taken.
Fairport Asset Management II is based in Missouri. The firm's business is not disclosed. The SEC form was filed by MWCL LLC Managing Member Treasurer. The company was incorporated in 2014. The filler's address is: 6300 N. Revere Dr., Suite 100, Kansas City, Mo, Missouri, 64151. Mwcl, Llc is the related person in the form and it has address: 6300 N. Revere Dr., Suite 100, Kansas City, Mo, Missouri, 64151. Link to Fairport Asset Management II Filing: 000167941116000001.
Analysis of Fairport Asset Management II Offering
On average, startups in the not disclosed sector, sell 67.77% of the total offering size. Fairport Asset Management II sold 2.31% of the offering. The financing is still open. The average investment floor size for companies in all industries in our database is $3.05 million. The offering was 96.29% smaller than the average of $3.05 million. Of course this should not be seen as negative. Startups get financed for different reasons and needs. The minimum investment for this fundraising is set at $0. If you know more about the reasons for the financing, please comment below.
What is Form D? What It Is Used For
Form D disclosures could be used to track and understand better your competitors. The information in Form D is usually highly confidential for ventures and startups and they don't like revealing it. This is because it reveals amount raised or planned to be raised as well as reasons for the financing. This could help competitors. Entrepreneurs usually want to keep their financing a 'secret' so they can stay in stealth mode for longer.
Why Fundraising Reporting Is Good For Fairport Asset Management II Also
The Form D signed by MWCL LLC Managing Member might help Fairport Asset Management II, Llc's sector. First, it helps potential customers feel more safe to deal with a firm that is well financed. The odds are higher that it will stay in the business. Second, this could attract other investors such as venture-capital firms, funds and angels. Third, positive PR effects could even bring leasing firms and venture lenders.
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May 15, 2013
THE BOARD OF TRUSTEES OF THE LELAND STANFORD JUNIOR UNIVERSITY, PLAINTIFF AND RESPONDENT,v.CHRISTINE MARIE HAM, DEFENDANT AND APPELLANT.
Trial Court: Santa Clara County Superior Court Appellate Division Trial Judges: Hon. Kurt Kumli, Hon. Erica Yew and Hon. Carrie Zepeda and Hon. Socrates P. Manoukian (Santa Clara County Super. Ct. No. 110CV171121)
This case comes to us from the appellate division of the superior court, which granted the request of appellant Christine Ham to transfer the matter under California Rules of Court, rule 8.1005. The issue before us is whether Code of Civil Procedure section 415.45,*fn1 which governs service of summons in unlawful detainer actions, permits service by posting and mailing after multiple attempts to effect personal service have been unsuccessful. The appellate division, reversing the superior court, ruled that such efforts are not sufficient to comply with the "reasonable diligence" requirement of section 415.45. We agree with the superior court, however, that in the particular circumstances presented, the landlord, the Board of Trustees Of The Leland Stanford Junior University (Stanford), exercised reasonable diligence in attempting to serve appellant. We will therefore affirm the superior court's order denying the motion of appellant Christine Ham to vacate the default judgment entered against her.
Neither party's brief on appeal offers a complete and accurate summary of the procedural history of this case accompanied by correct citations to the record. The record indicates, however, that appellant rented an apartment from Stanford on Durand Way from May 2003 through May 2010, when Stanford filed its unlawful detainer action. Until June 2008, appellant paid rent at the market rate while on the waiting list for a below-market-rate (BMR) apartment. In June 2008, however, the parties signed a one-year lease at $870 per month, the BMR rent for that unit.
Before the lease term expired, Stanford notified appellant that her rent would increase to $883 a month for the following year. After the July 2009 payment, however, Stanford informed appellant that she no longer qualified for the BMR program and that her rate would increase to $2,525 per month beginning February 1, 2010. Nevertheless, beginning in July 2009 and continuing to September 2010, appellant paid $883 per month by money order or cashier's check, accompanied by letters of unspecified content.*fn2 On each occasion she listed the subject property as her return address. From the end of 2009 through approximately July 31, 2010, however, appellant was on the East Coast, staying in different states and cities. Her mail was not being forwarded between February or March and August of 2010.
Stanford attempted to return the September 2009 and February 2010 checks, but appellant again submitted them to Stanford, suggesting that they had been returned to her in error. On February 17, 2010, Stanford served appellant with a three-day "Notice to Pay Rent or Quit" pursuant to section 1161, subdivision (2). The notice expired on February 22, and on May 5, 2010, Stanford filed its complaint for unlawful detainer.
A process server attempted to personally serve appellant with the summons at the residence on May 6, May 7, May 9, May 10, and May 11, 2010, at various times. Appellant, however, was on the East Coast during this period. According to the business manager for the apartments, Stanford repeatedly attempted to contact appellant in writing between January and July of 2010 at the only address it had, the Durand Way apartment. Although Stanford received some mail from appellant between January and October 2010, she did not provide any alternative addresses other than the Durand Way apartment, and in July 2010 Stanford learned that the postal service had been unable to forward her incoming mail.
Meanwhile, on May 18, 2010, having been unsuccessful at personal service, Stanford obtained an order from the Honorable James P. Kleinberg permitting it to serve appellant by posting a copy of the summons and complaint on the premises of the Durand Way apartment and by mailing a copy to her "last known address." Service was deemed complete on the 10th day after the posting and mailing, pursuant to section 415.45. Appellant, however, did not receive the summons and complaint,*fn3 and the unlawful detainer action proceeded to a default judgment on June 7, 2010. Stanford took possession of the property on June 17, 2010, and in August it rented the apartment to a new tenant.
Appellant learned of the judgment in late July of 2010. On December 7, 2010, citing sections 473 and 473.5, she moved to vacate the default and default judgment and restore her to possession of her apartment. Appellant asserted that the judgment was void because the summons and complaint had not been properly served. Stanford, she argued, had failed to use reasonable diligence to locate her, even though it had her cell phone number, the number for her employment supervisor, and the number and address of her sister. Yet it failed to take any of those steps, thus indicating no true effort to comply with its "obligation" to ascertain her whereabouts. At the ensuing hearing appellant's counsel acknowledged that five attempts at personal service was "more than enough"; but personal service at that address, he pointed out, was "just one way to serve her." Stanford could have called her; she would have explained that she was out of state, and service could then have been made by certified mail or by personal service where she was.
Appellant urged the superior court to impose a standard of "reasonable diligence" as defined in Watts v. Crawford (1995) 10 Cal.4th 743. The Honorable Socrates P. Manoukian aptly pointed out, however, that this definition applied to service by publication under section 415.50, not service by posting and mailing under section 415.45. Judge Manoukian found Stanford's five attempts at personal service to have been sufficient to constitute reasonable diligence under section 415.45 and denied appellant's motion to vacate the judgment.
The appellate division of the superior court reversed. The three-judge panel acknowledged (as had appellant) that cases interpreting the term "reasonable diligence" pertained to service by publication under section 415.50, not section 415.45. Nevertheless, the court reasoned, "the fact that identical 'reasonable diligence' language is used in the two statutes strongly supports Appellant's position. Both statutes also require a court's approval prior to resorting to service by publication or posting and mailing as these are the least preferred methods of service." The appellate division rejected Stanford's reliance on section 415.20, because that statute permits substituted service after reasonable diligence in attempting personal service, whereas section 415.45 requires an effort to serve the defendant in any manner specified in sections 415.10 through 415.95. Here Stanford's attorney had recited five attempts at personal service at the apartment but no facts indicating that Stanford was unable to serve her at a different location or by mail, pursuant to section 415.30 or section 415.40, nor any effort to determine her whereabouts or business address. The court thus concluded that Stanford had failed to comply with the "reasonable diligence" requirement, rendering the subsequent default judgment void on its face.
Appellant had already filed a petition to certify the matter to this court. The appellate division noted that there was no case law addressing the meaning of "reasonable diligence" under section 415.45. It therefore granted appellant's petition, reasoning that proper service in an unlawful detainer action is important, since "a defendant in an unlawful detainer action stands to lose his or her right to stay in the home." This court thereafter ordered the case transferred here for hearing and decision, pursuant to section 911 and California Rules of Court, rule 8.1002.
Unlawful detainer is a unique proceeding that calls for special procedures for service of summons. Accordingly, section 415.45 provides that summons may be served on an unlawful detainer defendant by posting it on the premises, along with notice sent by certified mail to that address, if the court determines that "the party to be served cannot with reasonable diligence be served in any manner specified in this article [i.e., Article 3] other than publication . . . ." Article 3 comprises sections 415.10-415.95. The dispute in this case involves the lengths to which a plaintiff must go in exercising "reasonable diligence" under this provision.
The parties continue to debate the applicability of companion statutes governing service by other methods. Stanford maintains that the most analogous statute is section 415.20, which allows substituted service when the summons and complaint "cannot with reasonable diligence be personally delivered to the person to be served." Appellant, however, insists that the most comparable service provisions are expressed in section 415.50, which permits service by publication if the court determines that the defendant "cannot with reasonable diligence be served in another manner specified in this article."
The preferred way to serve a defendant, of course, is by personal delivery, as prescribed in section 415.10, as this is the most likely to ensure actual notice to the defendant. (Evartt v. Superior Court (1979) 89 Cal.App.3d 795, 799.) Service is deemed complete at the time of delivery. If personal delivery to the defendant "cannot with reasonable diligence be personally delivered," section 415.20 authorizes substituted service by leaving a copy with a competent adult at the defendant's residence or workplace, followed by sending the documents by first class mail addressed to defendant at the residence or workplace where the documents were delivered.*fn4 Service is complete upon the 10th day after the requisite copy is mailed to the defendant. Substituted service is permissible, however, "only after a good faith effort at personal service has first been made: the burden is on the plaintiff to show that the summons and complaint 'cannot with reasonable diligence be personally delivered' to the individual defendant." (American Exp. Centurion Bank v. Zara (2011) 199 Cal.App.4th 383, 389.)
Finally, service by mail is a permissible alternative if the statutory criteria are met: the plaintiff must send the summons and complaint together with a form notice and acknowledgment of receipt. Service is complete on the date the recipient signs the acknowledgment of receipt.*fn5 (§ 415.30, subd. (c).) If no acknowledgment is returned within 20 days of the mailing of the summons and complaint, the recipient will be liable for reasonable expenses the plaintiff incurs in serving him or her in another manner. (§ 415.30, subd. (d).)
Neither service by mail nor substituted service requires the plaintiff to obtain permission of the court before using the alternative to personal service. The Legislature evidently was confident that these methods are acceptable as a means of giving notice to a defendant as long as the procedural criteria are met. Indeed, in order to avail oneself of substituted service under section 415.20, "[t]wo or three attempts to personally serve a defendant at a proper place ordinarily qualifies as ' "reasonable diligence." ' [Citation.]" (American Exp. Centurion Bank v. Zara, supra, 199 Cal.App.4th at p. 389.) By contrast, the least likely to succeed in notifying the defendant of an action against him is service by publication. For this reason, a court must first be convinced that the party to be served "cannot with reasonable diligence be served in another manner specified in [Article 3]." (§ 415.50.) "If a defendant's address is ascertainable, a method of service superior to publication must be employed, because constitutional principles of due process of law, as well as the authorizing statute, require that service by publication be utilized only as a last resort." (Watts v. Crawford, supra, 10 Cal.4th at p. 749, fn. 5.) In this context, " '[t]he term "reasonable diligence" . . . denotes a thorough, systematic investigation and inquiry conducted in good faith by the party or his agent or attorney. [Citations.] A number of honest attempts to learn defendant's whereabouts or his address by inquiry of relatives, . . . and by investigation of appropriate city and telephone directories [voters' registries and the assessor's office property indices situated near the defendant's last known location] generally are sufficient.' " (Ibid., quoting Judicial Council com., § 415.50.)
Neither party's comparison of section 415.45 to the selected service statutes is appropriate. Section 415.20, as we have noted, permits substituted service when personal service cannot be accomplished with reasonable diligence; section 415.45 allows posting only if the person cannot be served in any other manner (excluding publication) notwithstanding the application of reasonable diligence. Furthermore, unlike substituted service, the alternative of posting requires the plaintiff to make this showing to the superior court. These safeguards clearly reflect the Legislature's concern for notice in accordance with due process. (See Greene v. Lindsey (1982) 456 U.S. 444, 456 [102 S.Ct. 1874] [one attempt at personal service before posting insufficient notice, thereby violating due process].)
Yet the extraordinary measures required before publication is permitted should not be imported into section 415.45. Publication is the last resort because it is so unlikely to give notice to the defendant that he or she is being sued. Accordingly, it can require exhaustive attempts to locate the defendant before this method may be employed. The unlawful detainer defendant, however, has a residence that is known to the plaintiff; it is therefore reasonable for the plaintiff to assume, at least initially, that personal service will eventually be successful. While section 415.45 does not allow the plaintiff to rely on this assumption, we cannot agree with appellant that reasonable diligence under section 415.45 requires a landlord to conduct an extensive investigation of all the possible whereabouts of its tenant before seeking the posting alternative. "The purpose of the unlawful detainer statutes is to provide the landlord with a summary, expeditious way of getting back his property when a tenant fails to pay the rent or refuses to vacate the premises at the end of his tenancy." (Nork v. Pacific Coast Medical Enterprises, Inc. (1977) 73 Cal.App.3d 410, 413; see also Larson v. City and County of San Francisco (2011) 192 Cal.App.4th 1263, 1297 [statutory scheme of unlawful detainer "is intended and designed to provide an expeditious remedy for the recovery of possession of real property"].) This purpose is not served by a protracted inquiry into all sources of information regarding the tenant's location before posting and mailing at the one address of which the landlord is certain.
As summary proceedings, unlawful detainer actions do not afford defendants all the procedural advantages of ordinary disputes. "The tenant is, by definition, in possession of the property of the landlord; unless a judicially supervised mechanism is provided for what would otherwise be swift repossession by the landlord himself, the tenant would be able to deny the landlord the rights of income incident to ownership by refusing to pay rent and by preventing sale or rental to someone else. Many expenses of the landlord, continue to accrue whether a tenant pays his rent or not. Speedy adjudication is desirable to prevent subjecting the landlord to undeserved economic loss and the tenant to unmerited harassment and dispossession when his lease or rental agreement gives him the right to peaceful and undisturbed possession of the property. Holding over by the tenant beyond the term of his agreement or holding without payment of rent has proved a virulent source of friction and dispute." (Lindsey v. Normet (1972) 405 U.S. 56, 72-73 [92 S.Ct. 862]; see also Vasey v. California Dance Co. (1977) 70 Cal.App.3d 742, 747 [noting that certain procedural rights must be denied to prevent frustration of the summary nature of the unlawful detainer proceeding].)
Indisputably, each case must be evaluated on its own facts. "No single formula [or] mode of search can be said to constitute due diligence in every case." (Donel, Inc. v. Badalian (1978) 87 Cal.App.3d 327, 333; accord, Kott v. Superior Court (1996) 45 Cal.App.4th 1126, 1137-1138.) In the circumstances presented here, we cannot say that Judge Kleinberg erred in granting Stanford's request to serve the summons and complaint by posting and mailing at appellant's residence address. Substituted service was not a viable alternative; there was no indication that any other adult might be found at the premises, and at that time, according to a declaration by Stanford's attorney in May 2010, appellant apparently was not represented by counsel. Counsel also stated that Stanford did not know appellant's business address. While the declaration does not indicate that Stanford tried to discover whether she was currently employed and where, the business manager for Allied Residential Company (Allied), Stanford's property management company, provided clarification of the situation. The only employment information Allied had for appellant was her postdoctoral position at Stanford. Allied regularly verified appellant's status there because her rental rate depended on her continued status as a postdoctoral scholar. On December 14, 2009, Allied learned that appellant's postdoctoral status had been terminated as of January 5 of that year, as she had not been in "good standing" at Stanford.
Judge Manoukian was entitled to conclude that appellant could not have been personally served at a business address in any event, as she was on the East Coast during the unlawful detainer proceedings. Between January and July 2010 Allied repeatedly attempted to contact appellant in writing, and it received mail from her between January and October of 2010, but she provided no address other than the Durand Way apartment. Judge Manoukian could also have found that because the post office had not processed appellant's request to forward her mail,*fn6 an attempt to serve appellant by mail would have been ineffectual.*fn7
Greene v. Lindsey, supra, 456 U.S. 444, does not direct us to a different result. The United States Supreme Court noted the particular circumstances that made posting an inadequate method of affording the defendant notice in that case. There, only one attempt at personal service was made before posting, and process servers were "well aware" that at that location notices posted on apartment doors were " 'not infrequently' " removed by children or other tenants before being seen by the intended recipients. (Id. at p. 453-454.) The court acknowledged that the failure of notice in that case was not typical: "The empirical basis of the presumption that notice posted upon property is adequate to alert the owner or occupant of property of the pendency of legal proceedings would appear to make the presumption particularly well founded where notice is posted at a residence. With respect to claims affecting the continued possession of that residence, the application of this presumption seems particularly apt: If the tenant has a continuing interest in maintaining possession of the property for his use and occupancy, he might reasonably be expected to frequent the premises; if he no longer occupies the premises, then the injury that might result from his not having received actual notice as a consequence of the posted notice is reduced. Short of providing personal service, then, posting notice on the door of a person's home would, in many or perhaps most instances, constitute not only a constitutionally acceptable means of service, but indeed a singularly appropriate and effective way of ensuring that a person who cannot conveniently be served personally is actually apprised of proceedings against him." (Id. at pp. 452-453.)
We thus conclude that in the circumstances presented here, Stanford was justified in seeking service by posting and mailing under section 415.45. The court therefore properly denied appellant's motion to vacate the default and default judgment and restore her to possession.
The order is affirmed.
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Help thwart the Trade Federations by flying battle missions in which the odds are always against you. The rich graphics make submerging yourself in the arcade-style game play easy. Prior X-Wing games could be overwhelming, but with Starfighter, you can take off and start firing with abandon.
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text:
- Published in issue 6/1999 on page 36
Development system for 68HC11F1:
accepts eight different memory devices
Motorola's 68HC11 microcontroller is a highly valued device when it comes to developing applications based on microcontrollers. This article present a low-cost way for you to start creating such applications based on the 68HC11. Unusually, the present development system is marked by a relatively large amount of system memory.
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text:
Majestic estate- two buildings connected with footbridge, outbuildings. BS CRY
From $62,650 / week
Description from the manager
Description from the manager
Bedrooms: 10/
Bathrooms: 12/
Sleeps: 18/
Type: House
Book this 10 bedroom, 12 bathroom house in Barbados today! A total of 18 people can sleep here comfortably.
Guests can enjoy a pool, hot tub, and outdoor grill among other amenities offered by this rental.
No travelers have shared a review of this property yet.
Costs vary, with the average weekly rate as low as $62,650.00, depending on travel dates.
The owner last updated the property's calendar today.
About the manager
About the manager
Wimco Villas
Wimco Villas
- Response rate: n/a
- Response time: n/a
- Calendar updated: today
Overall rating:
4.7 / 5.0
Proximity to TripAdvisor's Top Barbados Attractions
Proximity to TripAdvisor's Top Barbados Attractions
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Hotel St Pete Beach Suites
Service & facilities
|Earliest check-in
|Latest check-out
Service & facilities
Hotel facilities
- Hotel-owned car park
- Garden/park
- Garden terrace
- Outdoor swimming pool
- Sun umbrellas
Room facilities
- Telephone by the bed
- Centrally controlled ventilation
- Hairdryer
- Bathroom with shower
In-house services
- Multilingual staff on hand 24 hours a day
- Laundry service
- Pets not allowed
Style of hotel and ambience
Make yourself at home in one of the 28 individually decorated guestrooms, featuring microwaves and flat-screen televisions. Complimentary wireless Internet access is available to keep you connected. Bathrooms feature shower/tub combinations, complimentary toiletries, and hair dryers. Conveniences include phones, as well as coffee/tea makers and ceiling fans.Featured amenities include multilingual staff and laundry facilities. Free self parking is available onsite.Take in the views from a terrace and a garden and make use of amenities such as complimentary wireless Internet access. This motel also features tour/ticket assistance, a picnic area, and barbecue grills.2 outdoor swimming pools are on site.
Hotel data
Total number of rooms 28, Motel, Motel, No-smoking hotel
Service times
Earliest check-in:
Latest check-out:
Accepted payment methods
- Visa
- Eurocard/MasterCard
- American Express
6801 Sunset Way, 33706 St Pete Beach -
Located in St. Pete Beach, St Pete Beach Suites is by the ocean, minutes from Upham Beach, and close to Dolphin Landings Charter Boat Center. This motel is within close proximity of Palms of Pasadena Hospital and Pasadena Shopping Center.
- 34.06 km
- 1.5 km


text:
Special Order
You have until Feb 1, 2017 to return or exchange items purchased between Nov 1, 2016 and Jan 1, 2017.
All other standard return policy conditions apply.
Product Highlights
You Pay: $449.95
Designed for fine art printing, this 50" x 49' roll of GALERIE Prestige Gold Cotton Smooth Paper from Ilford features a smooth matte mould-made 100% cotton rag base that is optimized for use with pigment-based inks. The heavy paper has a basis weight of 330 gsm for ensuring prints will not sag when hung for a long duration and it has a thickness of 21.5 mil. Also, it has an opacity of 100% to prevent bleed-through. Longevity is a concern with fine art prints, so this paper does not use any optical brightening agents.
|Mould-made 100% cotton rag
|Basis Weight
|330 gsm
|21.5 mil (0.54 mm)
|96.6, -0.3, 1.4 (CIE L*a*b*)
|Surface Finish
|Smooth matte
|Storage Conditions
Temperature: 59 to 77°F (15 to 25°C)
Humidity: 35 to 65% relative, non-condensing
|50" x 49' / 127 cm x 15 m


text:
Click on image to zoom
19244041 - CPP LS327 Finishing Kit
This product may require vehicle validation(s) for proper fitment. Please contact us to confirm correct vehicle fitment and usage.
Pricing: $1,117.34
LS Finishing Kit
For builders who already have an LS engine with cathederal port heads, GMPP offers the same finishing kit that comes with the LS327 Deluxe crate engine. It includes the intake, ignition coils, coil brackets, shields, plug wires, gaskets and installation hardware.
- 88958675 GMPP 4 Barrel intake manifold
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Application List
- 19244041
- 19244041
- Chevrolet Performance Parts
- New
Shipping Information
- Item Requires Shipping
- 60.0 lbs.
- W36.5000" x H15.0000" x L43.0000"
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You are currently using an unsupported web browser.
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For any questions related to Cvent, feel free to contact our Customer Care team.
Northstar Ratings are powered by Northstar Travel Media and are based on objective and unbiased evaluations from experienced editors that individually analyze, research, and evaluate hotels. Hotels and suppliers are not required to pay any fees or pay for memberships to have their property rated.
Northstar Ratings are powered by Northstar Travel Media. Please email email@example.com if you have any questions or comments regarding the rating of an individual property.
Set in a beautiful Princeton New Jersey, The Westin Princeton at Forrestal Village is situated in the prestigious Forrestal Village shopping center. Our convenient location on the Route 1 Corridor of Princeton puts us halfway between Philadelphia and New York.
Whether traveling for business or ...
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This rating was reported by the venue and has not been verified by Cvent.
I can't say enough about my experience with the Westin and it's staff. We held our annual conference here and from the moment we arrived until the moment we left, the staff never once wavered in its professionalism, courtesy and dedication to service. Every employee, regardless of position exhibited excellence in performance of their duties. Every need was met with a smile and fulfilled to the very highest standards. We absolutely made the right choice in choosing the Westin, and I would like to congratulate the management for their leadership in creating a team and experience second to none. The competition should be very afraid. Thank you Westin, you are truly a cut above.
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This felxible meeting space can be customised as per the requirements of the meeting into eight different parts of different dimensions.
Princeton, NJ
Located at the crossroads of I-95 and I-80, 3 miles from the George Washington Bridge, and a short 15 minutes from Manhattan, the Teaneck Marriott at Glenpointe is ideal for getaways, business meetings and lavish social events.
Located conveniently between New York City and Philadelphia, Sands Bethlehem offers 4 Diamond accommodations,12,000 square feet of meeting space, and complimentary amenities making the ideal meetings destination in the Mid-Atlantic.
Crowne Plaza Princeton Conference Center is an upscale technology-laced venue with 50,000 sq ft of unique meeting and event space. Centrally located between New York City and Philadelphia it is the perfect location for your next event.


text:
SureCall makes a variety of connectors for connecting amplifiers, cables and antennas. The connectors manufactured by SureCall and are of very high quality, resulting in very little signal loss to the system. The typical signal loss through one of our connectors is around 0.1dB.
Product options
Here are a list of all the connectors available.
- SC-CN-01: N-Female to N-Female Connector
- SC-CN-02: N-Male to SMA-Female Connector
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- SC-CN-10: N-Female to FME-Female Connector
- SC-CN-11: N-Female to FME-Male Connector
- SC-CN-12: N-Male to N-Male Connector


text:
Villa Tirta Naga Bali
Cari Kadar Hotel
Carian Baru-baru Ini
Wego mencari pelbagai laman pelancongan agar anda dapat melihat dan membandingkan kadar terbaik.
Ulasan Hotel
Berdasarkan ulasan dari seluruh web.
Maklumat Hotel
Daftar masuk: 14:00
Daftar keluar: 12:00
Ideally located in the prime touristic area of Seminyak, Villa Tirta Naga Bali promises a relaxing and wonderful visit. Both business travelers and tourists can enjoy the hotel's facilities and services. Take advantage of the hotel's babysitting, Wi-Fi in public areas, tours, car park, family room. Guestrooms are fitted with all the amenities you need for a good night's sleep, including microwave, shower, in room safe, bathtub, internet access – wireless (complimentary). The hotel's peaceful atmosphere extends to its recreational facilities which include garden, outdoor pool, massage, spa. For reliable service and professional staff, Villa Tirta Naga Bali caters to your needs.


text:
1966 Wantagh Ave Wantagh, NY 11793 (800) 649-3739
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Brands Cycle and Fitness :: 1966 Wantagh Ave, Wantagh, NY 11793 (Map) :: (800) 649-3739
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text:
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5.0 stars 1 review
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Review: "He handled my traffic issue perfectly. He always explained everything and kept me updated regularly. The outcome of my case was better than expected. He is courteous, responsive and a great attorney overall. I highly r...
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Get the legal help you need at a fixed price. No hidden fees or long-term commitment.
Insurance law covers the policies insurance companies offer and the rates they charge. Personal insurance standards include auto insurance, health insurance, homeowners insurance, life insurance, and disability insurance. Business insurance standards usually include commercial liability insurance, errors and omissions insurance, malpractice insurance, and business interruption insurance. Each of these policies covers losses from different types of risk, and both the losses and the risks are carefully defined. It can take an insurance lawyer just to determine if your loss resulted from a risk you were insured for. Sometimes insurance companies deny claims, acting in what is legally called "bad faith." Insurance lawyers can determine if your insurer is treating you fairly and sue for you if the company is acting in bad faith.


text:
I would be interested in your collection. Can you eamil me what you have?
Have A blessed day,
[email protected]
I've recently put up for sale alot of my collection of Old Buck 110's in order to raise money for Solar Panels and a Pure Sine Wave inverter. If there is a particular Buck 110 you are looking for, I may be able to help. Please message me for more info.
I have available second Version Fiber spacer, and third version integral brass spacer 1 liner stamped with/without dot and many of the years following.
I would be interested in your collection. Can you eamil me what you have?
Have A blessed day,
[email protected]
The rest of my collection is up for bid now. I have each first version 110 and a 1 liner dot 3rd version for sale.
My collection is pretty much gone now, which is sad I know, but in the future I'm sure I can track down replacements. In the mean time, I have purchased a Battery Back up system with high efficiency LED lights, and an inverter. I now just need a solar grid and/or a windmill. I plan on purchasing one or the other in the spring when I have time to set it up. I have also purchased a Bader III 2x72 with the funds from my collection. I suspect this will help my customizing much, and allow for some "one of's" in the future.
There are currently 1 users browsing this thread. (0 members and 1 guests)


text:
Distances are calculated in a straight line and may not reflect actual travel distance.
Let us help calculate the repayments on this property.Use our mortgage calculator
A really lovely family home built by the current owners in 2008, with great attention to detail finished to a high standard with parking for several cars, garage and pretty garden. The bright entrance hall has travertine flooring which runs through to the kitchen/dining area and benefits from under floor heating. The well appointed kitchen/dining area has a fabulous range of fitted cupboards, beautiful granite work tops, with a central island, integrated appliances including oven, microwave, dishwasher, two under cabinet fridges and freezer, walk in larder and an immaculate oil fired two oven AGA, with room for a generous size dining table and a well equipped utility room, with integrated Miele washing machine and dryer, four drawer freezer, granite work tops, storage and access to the side of the house. The sitting room has full length windows with double doors to the garden and adjoining patio, with a contemporary electric wall fire, which could be opened up. There is a family room with access to the garden, a study and guest cloakroom. Stairs lead to a splendid double height galleried landing, having exposed brick wall and large focal window offering views to the surrounding countryside. There are four bedrooms, the master having a great selection of fitted furniture and lovely en suite shower room, with a stunning curved enclosed shower. Bedroom three also benefits from an en suite shower room and fitted cupboard, the further two bedrooms have fitted cupboards also. The family bathroom is finished to a wonderful standard with shower over the bath, screen, vanity unit with granite surface and heated towel rail.
The picturesque village of Cherhill is known for its White Horse cut into the chalk hillside and the Landsdowne obelisk on the Cherhill Downs. The village has a primary school, a public house, and church. Extensive amenities are offered by the nearby towns of Marlborough, Calne and Devizes, while the larger centres of Chippenham and Swindon both have rail services to London Paddington and access to the M4. There are excellent schools in the area including, Marlborough College, Dauntsey's, St Mary's and St Margaret's, Calne. The surrounding countryside is designated as An Area of Outstanding Natural Beauty with many footpaths and bridleways.
The bricked drive slopes to the garage and offers parking for several cars, with a small area of lawn and a selection of shrubs. There are fences and hedges' surrounding the house offering an amount of privacy, the pretty rear garden is mainly laid to lawn with a patio area immediately adjoining, which is perfect for outside entertaining.
Entrance Hall
Kitchen/Dining Room
Sitting Room
Utility Room
Guest Cloakroom
Family Room
Master Bedroom with En suite Shower Room
Three Further Bedrooms
2nd En suite Shower Room
Contact branch for relevant Energy Performance Certificate


text:
About Krista:

Krista Potthast-Haynes, P.A. is a professional REALTOR® with Michael Saunders & Company, Licensed Real Estate Brokers in Boca Grande, Florida, and has practiced as a registered nurse for the past 30 years.

Experience:

Krista Potthast-Haynes is a passionate advocate for improving healthcare delivery. She volunteers as the Vice President of Education & Regulation for the Florida Chapter of the American Nursing Informatics Association and is the Co-Chair for Advocacy and Public Policy with the Central/North Florida Chapter of the Health Information Management Systems Society. Krista advocates at the Florida State Capitol with these organizations for improving healthcare delivery by leveraging health information technology for the continuum of care to benefit the residents of the state of Florida.

Education:

Krista holds a Graduate Certificate in Health Informatics from the University of South Florida, Morsani College of Medicine and a Bachelor of Applied Science Degree, Health Services Administration with a focus on Health Information Systems from St. Petersburg College.

In Her Words:

I have been a registered nurse for over three decades, working in specialties such as critical care, the operating room, medical device sales and education as well as a consultant for the design and implementation of health information technology software solutions for hospital organizations. In 2014, I was awarded the Registered Nurse-Board Certified (RN-BC) credential in Nursing Informatics.

I took a real estate course and loved it and that is how my career blossomed. As a real estate professional, I continue to focus on obtaining certifications and designations that support my vision and mission to offer excellence in my real estate business. I have integrated my healthcare background and real estate career because current and future living requirements are changing for the needs of our population. People are choosing to age in place. Being a baby boomer myself, my focus in on helping people to achieve their goals for an improved quality of life. I want to live in my home and enjoy the benefits of what current and future design and information technology will offer for a comfortable and connected home that affords safety and socialization for as long as possible.


text:
Discussion in 'Shopping, Deals, Discounts & Bargains' started by Bogside, Sep 22, 2003.
Just in case anyone's passing. No idea what they've got yet.
could be an expensive week then.....
It's worth checking out, but no more than average - alot of the films on offer have been on offer time and time again. I only found 3 i fancied
As good as it Gets - £6.99
Natural Born Killers £3.99
Best of the Muppet Show £6.99
Some good ones but not the best sale they've had....
Baldbird - Best of the Muppet Show and Natural Born Killers - now there is a combination you wouldn't expect to see!!
I've found it's just the same titles over and over again put into different promotions!
At first it's great but soon you'll have a hard job finding anything you want!
this going for £25 smackers for those interested (instore virgin liverpool str.)
I agree with previous comments that it's the same titles over and over. In fact, the titles available are generally the ones in the 5 for £30 offer from July/August. this meant that they worked out at £6 each but are now being sold for £6.99 each.
Bargains seem to be mainly box sets:-
Star Trek TNG series 1 - 6 £34.95 each
Star Trek DS9 - Series 1 - £34.96
Prime Supspect Box Set - £29.99
Yeah there do seem to be boxset bargains, I picked up The Godfather Trilogy this morning from the Nottingham "megastore".
It seems that it is available in other places apart from London.
The Godfather boxset was in the Virgin store close to where I work in London (Liverpool St). Price £24.99 I think.
I am waiting for the sequel starring Keanu Reeves: Natural Born Muppets
Picked up the entire series (2 disc set) for £7.99 in Virgin Camden Town ...
Went in to Virgin today and a girl next to me picked up a DVD, turned to her boyfriend, and said "It's more expensive than last week!"
Star Trek 3 was in the "3 for £25" last week, in this "sale" it's £9.99! The same goes for lots of other titles they had!
Was in virgin at the weekend and picked up
silence of the lambs 5.99
Pushing Tin 4.99
Ali 4.99.
Also saw that they had back to the future box set for £14.99.
Think I would struggle to find much more though. Oh yeah a little film called The straight Story (which is great) was 5.99 I think. I bought this a couple of months ago for 19.99. Doh!!
Hi njhpuk - got JAM 2 weeks ago from the Manchester store @ £7.99 (they had loads) and forgot to say thanks ... so THANKS !
And rather amusingly, JAM in Preston's Music Zone is mis-filed with the music DVD's !
For those that don't know (inc Music Zone staff !) it's an early Chris Morris TV show (he of Brass Eye) - over 5 hours of black humour with bite. Looking forward to watching it ...
Separate names with a comma.


text: Jobs Unveils Tiger–for 2005 The next version of Mac OS X is at least six months out, but Apple's CEO says its new capabilities still will put Mac users and developers well ahead of Microsoft's Longhorn. SAN FRANCISCOApple CEO Steve Jobs had good and bad news for software creators Monday at the Worldwide Developers Conference here: While the next version of Mac OS X will afford Mac developers plenty of new capabilities for their applications, Apple won't spring the "Tiger" release on end-users until the first half of 2005. In the meantime, however, Cupertino, Calif.-based Apple Computer Inc. used the kickoff of its annual developer meet to hand out preview copies of Tiger (aka Mac OS X 10.4), with software developer kits for new features including enhanced video chat, real-time video and image manipulation at the system level, extensive new search capabilities, a new Xcode compiler and an interactive utility for displaying Internet-savvy widgets. In addition, Tiger will extend Mac OS X's 64-bit capabilities to bring it into closer sync with the company's PowerPC G5-based desktop hardware. Jobs said Tiger will include more than 150 new features. He predicted Mac developers will welcome 64-bit capability for any application, fine-grain locking, access control lists (ACLs) and built-in Xgrid clustering functionality.To read the full article, click here.


text:
On American Mythologies and Thanksgiving
Below are excerpts from a post on catholicanarachy.org. I find the reflections both provocative and worthy of serious consideration.
Thanksgiving in the united states is a holiday observed by pious Christians without much thought. What could be more Christian than thanking God for the blessings God has given us? The reality of this "secular" feast day is, of course, much less innocent and much more monstrous than we assume. […]
…aside from the holi-day's idolatrous core, there remains much to be concerned about. One is the obviously troubling history of the holiday and its relation to Native peoples. The story that is celebrated by mainstream white america is a lie, and indeed is not the story remembered by those who originally inhabited this land, which is a white supremacist story of extermination. And we Christians should not forget and should not fail to repent the fact that Christians and Christianity were complicit with this genocide, explicitly providing the theo-ideological justification for it.Secondly, the "blessings" that "we" (white, middle and upper class americans) celebrate are simply not shared by significant portions of the american population, let alone much of the rest of the world. Indeed, the poverty and misery experienced by many both inside and outside of the united states is not an accident of history, but is rather the dark underside of the "blessings" we feel so inspired to celebrate here in the so-called First World.
Third, in its "secular" form, this holi-day's concept of "giving thanks" has become virtually unintelligible when God is taken out of the picture. This should make Christians concerned about who exactly we are thanking on such a holiday. In the absence of the Creator, what fills the "empty shrine" (in the words of Bill Cavanaugh) of the american empire on this holiday? Who or what are "we" thanking for "our blessings?" The fact is, the holi-day is delightfully vague, and this vagueness is precisely part of what makes american civil religion work.
Fourth, in the absence of any intelligible sense of true "thanksgiving," we are left with a holiday that tends to be reduced to "being with family and loved ones," something that is, of course, nice to do, but which can quickly become an opportunity for the virtual worship of family and blood ties, another important aspect of american civil religion. Jesus, despite what the Religious Right has done to him, could hardly be called a "family values guy," and resisted such notions of blood ties in his own day. […]
Pro-life Christians who choose to be thoughtful about such things should be deeply troubled by the reality of Thanksgiving. Indeed, it is perhaps the holi-day par excellence of the culture of death [e.g. the slaughter of Native Americans]. Of course, the best option for Christians would be simply not celebrating Thanksgiving at all. After all, Christians have their own thanksgiving, only we use its Greek name, eucharist. It is a celebration of liberation and resurrection, not invasion and extermination. It is a celebration that embodies new familial relationships not based on blood or nationality but our common life in Christ. It is a celebration whose purpose is not to say "thank you for all the stuff we have when others are not so fortunate," but rather "thank you for inviting all of us to this table." And of course, the one we thank is the Author of Life, the One who is not to be replaced by sentimentalism or the idols of state, of "freedom," of "choice" and the like. No wonder Jesus made the eucharist a vegetarian feast, a true foretaste of the banquet of the Kingdom of God.