Thursday, December 27, 2012

Judge James A. Stoelker of Santa Clara County, California Superior Court was disqualified from hearing a case on predatory lending practices the day before Christmas, on a technicality. The case was filed by David and Salma Merritt of Santa Clara County against multiple defendants, including Countrywide, Bank of America, and First American Title, among others.

The Merritts had challenged Judge Stoelker’s involvement in the case, claiming many of his rulings had favored his former clients even when law would have indicated otherwise. Some of the defendants are Judge Stoelker’s former clients.

The events leading to this case began in 2006 when the Merritts accepted a home loan from Countrywide. At that time, Countrywide was advertising 30-year mortgages at between 1 and 3 percent interest. The Merritts received a “good faith estimate” consistent with those advertisements. They claim that Countrywide representatives tricked them into signing loan documents that were subsequently altered to appear to commit them to an obligation they had not agreed to.

A review of similar predatory lending cases filed by individuals in California found that all had been settled in at most 9 months, usually in favor of the banks. Merritt v. Mozilo has continued in the courts for much longer, celebrating its third anniversary last Saturday. The Merritts’ claims are consistent with published statements by Eileen Foster, former Executive Vice President of Fraud Risk Management at Countrywide, that fraud was endemic to certain parts of Countrywide.

Theirs was the only case heard in Department 9 that morning in recognition of Christmas. That hearing was scheduled, because the Sixth District of the California Court of Appeals (case number H038883) required the Santa Clara County Superior Court to (a) give all parties an opportunity to be heard regarding the possible disqualification of Judge Stoelker and (b) reply to the appellate court by December 26. This appellate ruling was only issued on November 26, and Judge Mark H. Pierce did not schedule the required hearing until December 12. The notice for this hearing required parties to file responses ten days before, which meant that the parties only had two days to prepare their replies.

On August 16, the Merritts learned Judge Stoelker had represented defendants in this case on numerous occasions before he was appointed to the bench in December 2010 and had not disclosed this fact to the Merritts. The next day they filed a Verified Statement of Disqualification asking Stoekler to recuse himself. The California Code of Civil Procedure (CCP) 170.3(c)(3) and (4) [confirmed in the 1988 appellate decision in Lewis v. Superior Court] give a judge ten days to respond to to such a motion. Stoelker replied on the eleventh day.

“All Rise” was heard at 9:04 AM local time Monday morning, whereupon Judge Pierce entered the courtroom. Attending by phone were attorneys James Goldberg representing Bank of America and Brian Craft representing First American Title. David Merritt was present representing himself. Goldberg had filed a brief asserting that the Merritts’ Verified Statement of Disqualification was served upon Judge Stoelker on August 17 but was not filed, as witnessed by the fact that it was not listed on the docket. Judge Pierce reported that he had checked the files and found that this Statement had indeed been filed, and he didn’t know why it was not on the docket. Attorney Goldberg suggested that the fact that the Statement was not on the docket may have contributed to Judge Stoelker’s failure to respond within the ten day limit. Judge Pierce replied, “That’s a stretch.”

Attorney Craft asked about next steps, since all action in this case had been stayed by the appellate court pending resolution of this issue. Judge Pierce then replied that Judge Manoukian would be handling discovery in this case, replacing Judge Stoelker in that capacity. He further stated that a reply to the appellate court had been prepared concurring with the appellate court’s disqualification of Judge Stoelker and asked Mr. Merritt to retrieve that order from the clerk in the courtroom and file it as usual with the clerk’s office. He also noted that this action would lift the stay. Other actions in this case could now proceed with the next steps being scheduled January 22, 2013, or later.

This is the second appellate reversal of decisions by this superior court in this case. The first reversal came on December 19, 2011, when the appellate court reinstated Wells Fargo as a defendant.

Tuesday, February 5, 2008

Afflecks Palace, the “iconic, alternative shopping centre” in the Northern Quarter of Manchester in England, United Kingdom, was saved from closure this week after long-running rumours that the market may have to “kick out its traders” due to a dispute between the management of the Afflecks Palace brand and the leaseowner for the building, Bruntwood.

Rumours suggesting that Bruntwood were looking to redevelop the building started early in 2007, when it became apparent that the property developer was not actively seeking to renew the twenty-five year lease that the management of Afflecks Palace had with them concerning the building. These initial fears were added to by news that Bruntwood was looking to redevelop other buildings it owned in the Northern Quarter area, specifically the parking complex opposite Afflecks, with an eye towards taking advantage of the “property boom” in Manchester at the time. There were also fears that if Afflecks did remain open, “rents would rise”.

These initial fears were eventually propagated closer to the end of the year when a letter from the management of Afflecks Palace told individual stall holders that “… management have received no formal response from Bruntwood to a tenancy request notice served in October [2007]”, going on to add that “We can only assume therefore that they do not intend to offer us a new lease”.

Following the release of this letter, public support for Afflecks Palace was quickly made obvious when a 5,000 signature petition was submitted demanding the centre remain open for business. This seemed to prompt talks between Bruntwood and the Afflecks Palace management and, eventually, lead to this week’s news that the market was – indeed – to remain open. The result of the talks was that Bruntwood “bought out” the Afflecks Palace brand.

A joint statement between the management of Afflecks Palace and Bruntwood said: “After 26 years of trading, Afflecks’ management has sold their company to Bruntwood in an agreement that protects the future of Afflecks. Bruntwood will manage Afflecks while they look for a new owner who is skilled in running market style businesses and can bring a similar level of enthusiasm and dedication that the existing management has.”

A spokesperson speaking on behalf of Bruntwood also added that: “Never in our 30 year history have we bought one of our customer’s businesses, but Afflecks is a Manchester icon that we wanted to protect. We aren’t however expert in managing markets, so will look for a suitable long term owner. In the meantime, the most important aspect is that we have arrived at a solution with Afflecks management that protects an independent retail environment and provides the existing stallholders with security.”

Traders from the market celebrated the news by holding a party yesterday.

Thursday, September 13, 2007

A resident of Bruce-Grey-Owen Sound his whole life, Correctional Services officer Paul Johnstone is running for the Ontario New Democratic Party in the Ontario provincial election. Wikinews’ Nick Moreau interviewed him regarding his values, his experience, and his campaign.

Stay tuned for further interviews; every candidate from every party is eligible, and will be contacted. Expect interviews from Liberals, Progressive Conservatives, New Democratic Party members, Ontario Greens, as well as members from the Family Coalition, Freedom, Communist, Libertarian, and Confederation of Regions parties, as well as independents.

Sunday, January 21, 2007

In the United Kingdom, an anti-pollution operation is under way after the stricken ship MSC Napoli started to leak dangerous heavy fuel oil.

The heavy fuel oil that is leaking from the beached Italian ship is extremely dangerous for the environment. Fear of pollution increased after the ship was further damaged during storms last Thursday. MSC Napoli was beached by Devon coastguards after it suffered heavy structual damage in the gale force storms of Thursday, 18 January 2007, that wreaked havoc across Northern Europe. The ship, which contains 160 containers of hazardous chemical substances, is listing at 35 degrees.

The entire 26-man crew was rescued by navy helicopters Thursday after severe gales. Cracks were found on both sides of the ship, but the current oil leak was not expected.

Around 2,400 containers were carried by the 62,000 tonne ship, some of which contain potentially dangerous hazardous chemicals.

The Coastguards have reported that up to 200 of the containers carrying materials such as perfume and battery acid are loose from the ship and they are looking for missing containers. South African stainless steel producer Columbus Stainless confirmed on Friday that there was at least 1,000 tonnes of nickel on board MSC Napoli.

A hole in the ship flooded the engine room and there’s now fears that the ship will break up. Saturday MSC Napoli was towed to Portland when a ”structural failure” forced the salvage team to beach it. As the storms have continued MSC Napoli has been further damaged.

The authorities have warned people about the pollution, which already has reached the beaches at Devon, but many want to see it on their own. Police have closed Branscombe Beach as more than 20 containers have broken up scattering their contents along the beach.

Sky News reported Sunday that the costs of the accident might be very high as thousands of pounds worth of BMW motorbikes, car parts, empty oak barrels and perfume might get lost in flooding containers.

Sunday, October 5, 2008

Despite the passage of a 700 billion USD bill by the United States House of Representatives on Friday and the Senate on Wednesday, two U.S. states may need loans totaling over 14 billion dollars.

California and Massachusetts are seeking at least 7 billion dollars each from the federal government as loans. Officials and lawmakers in both states say that the loans would be temporary.

According to Massachusetts’ state treasurer, Timothy P. Cahill, the state was unable to borrow money last week on a short term loan. He also states that the state can afford to pay its bills and debts for the next few weeks, but not beyond that without a short-term loan from the government. Cahill has asked the federal government for a loan similar to the recent one passed by Congress and the Senate.

“That’s all we would ask them to do: Treat us like the investment banks,” said Cahill to the Associated Press.

Officials in California say they need an emergency loan, or they will run out of money by the end of October. California’s governor, Arnold Schwarzenegger said the state is “not out of the woods” and needs a short term loan from the government.

“California and other states may be unable to obtain the necessary level of financing to maintain government operations and may be forced to turn to the federal treasury for short-term financing,” said Schwarzenegger in a letter to the Treasury Department, which is taking the letter under consideration.

On Friday, the U.S. House of Representative voted to pass a revised bailout bill which included raising the FDIC insurance cap to $250,000, a move designed to please progressives. However, the $110 billion in tax breaks, earmarks and what has been called pork barrel spending is not offset by any increases in revenues and has added opposition to the bill from some Representatives in the House. Earmarks added into the bailout bill included $192 million in tax rebates for the Virgin Islands rum industry, $148 million in tax cuts for the wool industry, $100 million tax cuts to the auto racing industry, and $48 million in Hollywood tax incentives, among others.

Tuesday, August 23, 2016

The following is the third edition of a monthly series chronicling the U.S. 2016 presidential election. It features original material compiled throughout the previous month after an overview of the month’s biggest stories.

In this month’s edition on the campaign trail: two individuals previously interviewed by Wikinews announce their candidacies for the Reform Party presidential nomination; a former Republican Congressman comments on the Republican National Convention; and Wikinews interviews an historic Democratic National Convention speaker.

Thursday, June 23, 2011

NASA’s Cassini–Huygens spacecraft has discovered evidence for a large-scale saltwater reservoir beneath the icy crust of Saturn’s moon Enceladus. The data came from the spacecraft’s direct analysis of salt-rich ice grains close to the jets ejected from the moon. The study has been published in this week’s edition of the journal Nature.

Data from Cassini’s cosmic dust analyzer show the grains expelled from fissures, known as tiger stripes, are relatively small and usually low in salt far away from the moon. Closer to the moon’s surface, Cassini found that relatively large grains rich with sodium and potassium dominate the plumes. The salt-rich particles have an “ocean-like” composition and indicate that most, if not all, of the expelled ice and water vapor comes from the evaporation of liquid salt-water. When water freezes, the salt is squeezed out, leaving pure water ice behind.

Cassini’s ultraviolet imaging spectrograph also recently obtained complementary results that support the presence of a subsurface ocean. A team of Cassini researchers led by Candice Hansen of the Planetary Science Institute in Tucson, Arizona, measured gas shooting out of distinct jets originating in the moon’s south polar region at five to eight times the speed of sound, several times faster than previously measured. These observations of distinct jets, from a 2010 flyby, are consistent with results showing a difference in composition of ice grains close to the moon’s surface and those that made it out to the E ring, the outermost ring that gets its material primarily from Enceladean jets. If the plumes emanated from ice, they should have very little salt in them.

“There currently is no plausible way to produce a steady outflow of salt-rich grains from solid ice across all the tiger stripes other than salt water under Enceladus’s icy surface,” said Frank Postberg, a Cassini team scientist at the University of Heidelberg in Germany.

The data suggests a layer of water between the moon’s rocky core and its icy mantle, possibly as deep as about 50 miles (80 kilometers) beneath the surface. As this water washes against the rocks, it dissolves salt compounds and rises through fractures in the overlying ice to form reserves nearer the surface. If the outermost layer cracks open, the decrease in pressure from these reserves to space causes a plume to shoot out. Roughly 400 pounds (200 kilograms) of water vapor is lost every second in the plumes, with smaller amounts being lost as ice grains. The team calculates the water reserves must have large evaporating surfaces, or they would freeze easily and stop the plumes.

“We imagine that between the ice and the ice core there is an ocean of depth and this is somehow connected to the surface reservoir,” added Postberg.

The Cassini mission discovered Enceladus’ water-vapor and ice jets in 2005. In 2009, scientists working with the cosmic dust analyzer examined some sodium salts found in ice grains of Saturn’s E ring but the link to subsurface salt water was not definitive. The new paper analyzes three Enceladus flybys in 2008 and 2009 with the same instrument, focusing on the composition of freshly ejected plume grains. In 2008, Cassini discovered a high “density of volatile gases, water vapor, carbon dioxide and carbon monoxide, as well as organic materials, some 20 times denser than expected” in geysers erupting from the moon. The icy particles hit the detector target at speeds between 15,000 and 39,000 MPH (23,000 and 63,000 KPH), vaporizing instantly. Electrical fields inside the cosmic dust analyzer separated the various constituents of the impact cloud.

“Enceladus has got warmth, water and organic chemicals, some of the essential building blocks needed for life,” said Dennis Matson in 2008, Cassini project scientist at NASA’s Jet Propulsion Laboratory in Pasadena, California.

“This finding is a crucial new piece of evidence showing that environmental conditions favorable to the emergence of life can be sustained on icy bodies orbiting gas giant planets,” said Nicolas Altobelli, the European Space Agency’s project scientist for Cassini.

“If there is water in such an unexpected place, it leaves possibility for the rest of the universe,” said Postberg.

Friday, August 24, 2007

Just before midnight Wednesday, four-year-old Taylor Bailey, nicknamed Bucky, was attacked by a neighbor’s dog. The Staffordshire Bull Terrier mix named Money chased the boy after he stepped out of his mother’s car, eventually knocking the boy to the ground and latching onto his leg.

The same dog had bitten the boy’s father the week before, according to the family, although this has not been confirmed by police. He recognized the dog and alerted his mother to the dogs presence just moments before the attack. She urged her son to come to her, but the one-year-old, 85-pound (~39 kg) male broke free from his restraints and attacked the screaming boy.

The struggle lasted several minutes before the boy’s mother, Melinda Walters, was able to fight off the dog, leaving her knees scraped and thigh scratched. The boy’s legs were punctured, scratched and bruised with bits of flesh missing. “It didn’t go away. It was just trying to grab me … trying to kill me,” the boy said. Walters was carrying her three-year-old son Jason on her hip during much of the fight.

The dog’s owner, Marquita Mooney, 23, was ticketed along with a relative who was watching the dog. She said that rather than register the dog as a potentially dangerous animal—which involves an insurance bond, fees, kennel requirements and more—she would have the dog put down. Police reports indicate that the dog bit two other dogs about two weeks ago. Mooney has been ticketed for both incidents.

This is the second such incident in Minneapolis this month—seven-year-old Zach King Jr. was attacked and killed in his home last week by his family’s pit bull—fueling the debate over banning pit bulls and other “dangerous breeds” in some communities. Since 1966, there have been four other deaths from dog attacks in Minnesota, all but one of which were of children seven-years-old or younger.

Tuesday, April 6, 2010

US regulators intend to fine Toyota Motor Company $16.4 million over allegations that the company failed to notify government officials in “a timely way” about flaws in its vehicles that led to a major recall earlier this year.

The fine is the maximum penalty allowed under current US law, and would be the largest ever against an automaker, dwarfing a $1 million fine against General Motors in 2004. The U.S. Transportation Department is also considering the possibility of further fines if it was determined that the company had committed other violations of US law. The fine is the result of an investigation opened on February 16 into Toyota’s actions during the recall of 2.3 million vehicles in the US. Toyota now has a period of two weeks in which it can appeal the fine.

Current law requires an automaker to notify the US government within five days if it has determined that a safety issue exists in one of its vehicles. Internal Toyota documents obtained by the government showed that the company was aware of the issues in its cars as early as September 2009, well before it reported the problems to the US government in January.

US Transportation Secretary Ray LaHood said that the government has “proof that Toyota failed to live up to its legal obligations,” and that “they knowingly hid a dangerous defect for months from U.S. officials and did not take action to protect millions of drivers and their families.”

Toyota, in a statement posted on their website, said that “We have already taken a number of important steps to improve our communications with regulators and customers on safety-related matters as part of our strengthened overall commitment to quality assurance.” The statement added, “These include the appointment of a new Chief Quality Officer for North America and a greater role for the region in making safety-related decisions.”

Tuesday, July 17, 2007

Pittsburgh, Pennsylvania — Local caterers get ready for big business, as almost three thousand fans converge on the David L. Lawrence Convention Center over the Independence Day weekend for the world’s largest ever furry convention, Anthrocon 2007.

Many hope to renew acquaintances, or meet new friends. Others look to buy from dealers and artists, or show off new artwork or costumes. Some attend to make money, or even learn a thing or two. But one thing unites them: They’re all there to have fun.