California State Senator Sam Blakslee
Lieutenant Governor, Abel Maldonado stated in a letter May 12, 2009
"I hope that you continue to seek legal counsel and that this very difficult situation will be resolved soon." Lieutenant Governor, Abel Maldonado has seen these Caltrans documents Cal_Trans_Documents.pdf
It is unfortunate that San Luis Obispo Superior Court Judge Martin J. Tangeman would not allow in as evidence Exhibit 1789. This evidence tied in with the photos below, that went with exhibit # 579 that Superior Court Judge Martin J. Tangeman chose also to not allow in as evidence showing that the flooding of our State Highway could be abated for only $43,295.00 as seen in exhibit # 1790. Caltrans actions as seen in these photos raising State Highway 1 a foot has put every California resident in danger with their new Case Law decision July 28, 2010!
Bookout v. State Of California K... Bookout v. State of California Supreme Court Appeal...
Senator Sam Blakeslee, Exhibit # 1789 talks about what the photos show in exhibit # 579 that Judge Martin J. Tangeman would not allow into evidence! Why is Caltrans raising our State Highway as seen in these photos knowing of prior drainage Problems? Please inform each California Senator and State Assembly Member of San Luis Obispo Superior Court Judge Martin J. Tangeman's actions!
Exhibit # 1789 States September 15, 1987: “It was believed that our proposed plan of installing a 36-inch pipe to replace an existing 24- inch pipe would be acceptable to the property owners if it could be shown that the project would only affect the downstream owners minimally.”
“And that even though there had been some light rainfall years there is a good possibility of heavy flooding in this area in the future of both the Highway areas and the County areas.”
“The State could raise the height of Highway one approximately one foot and leave both the County and the Oceano Community Services District the problem to solve on their own (P. Hom)” Cal_Trans_Documents.pdf
The Second Appellate Court in their July 28, 2010 published case law decision fail to talk about Skoumbas v. City of Orinda (2008) 165 Cal.App.4th 783. As briefed and used by Superior Court Judge Martin J. Tangeman. The Appellate Court States: "Bookout contends the trial court improperly applied a reasonableness test to determine liability. He points out that except for damage caused by public flood control projects, the test in inverse condemnation actions is strict liability. (Citing Arreola v. County of Monterey (2002) 99 Cal.App.4th 722, 753-754.)
But Bookout fails to point to anywhere in the record that the trial court applied the reasonableness test instead of strict liability. In any event, the court's ruling was based on the statute of limitations and failure to prove causation. The results are the same under the reasonableness test or strict liability. The defendants prevail."
The Second Appellate Court ignores Skoumbas v. City of Orinda (2008) 165 Cal.App.4th 783. ”We conclude the critical inquiry is not whether the entire system was a public improvement, but rather whether the City acted reasonably in its maintenance and control over those portions of the drainage system it does own.” “Substantial cause-and-effect relationship” is enough for liability even for downstream flooding." The Appellate Court ignores Caltrans ownership of the first four feet of the storm water drainage inlet and the OCSD ownership and control of their Well # 8 pipe inside this storm water drainage channel! The Appellate Court ignores exhibit # 1768 presented to the Appellate Court showing OCSD maintenance and drainage changes in December 2002 changeing the Statute of Limitations!
The Second Appellate Court July 28, 2010 published decision compleatly ignores Statute Of Limitations changes as seen in exhibit # 579 "Did you observe likely causes of the flooding, such as clogged culverts under roads, catch basins filled with dirt, no place for water to flow?" On Exhibit # 579 withheld from discovery by the County Of San Luis Obispo it was stated--- "Hwy 1 Not Adaquate drainage on Hwy 1 under the train track & Overlay from Caltrans in 2001 on Hwy 1"
The Second Appellate Court Justice--Steven Z. Perren---Kenneth R. Yegan---Arthar Gilbert---Paul Coffee would not talk about these photos that went with exhibit # 579 that Superior Court Judge Martin J. Tangeman did not feel were needed as evidence as he and Union Pacific Railroad stated "“And for the purpose of the exhibits we don’t need the photographs.” The Court States: “All Right” In regards to these photos the County of San Luis Obispo asks on their Community Drainage and Flood Control Study Questionnaire---"Are there Any other comments regarding drainage and flooding that you would like to make?" It was weitten "Yes" showing these photos that Judge Martin J. Tangeman told the Railroad they did not have to include with exhibit # 579. This prejudicial error shows Causation and no Date of Stabilization! County Discovery Abuse per the Baughman Property from State Highway 1 PDF File...
The one Photo that Union Pacific RailRoad did Include in Exhibit # 579 shows that their is in Stabilization in this drainage system as stated on this photo exhibit " Pipeline in rail road culvert obstructin flow (Culvert Abuse) 13th Street & Highway 1 Mr. Bookout" Exhibt # 1768 and 1756 backs up this statement showing no Date Of Stabilization with this OCSD drainage change since 1977!County Discovery Abuse per the Baughman Property from State Highway 1 PDF File...
RE: Statute of Limitations and Prejudicial Error in regards to evidence withheld from discovery by the County of San Luis Obispo Molly Thurmond, Esq. (SBN 104973)Exhibit #579 (Appendix 15) Prejudicial Error or Not? Photo/Statement Documents withheld by County Of San Luis Obispo And Railroad at trial as allowed by Judge Tangeman, as Judge Tangeman Stated "All Right" County of San Luis Obispo Causation in permits and drainage requirements on private property. OCSD and Caltrans correcting 2002 drainage complaint problems in 2002/2003 as stated in exhibit #579 Complaint, Caltrans-McKinley Testomony P. 645 and (RA exhibit #1768) changing the Statute of Limitations! Date of Stabilization!
County photo documents withheld from discovery by County and Rail Road Exhibit # 579 showing flooding problem on east side of State Highway 1 after Caltrans raised State Highway 1 as stated in document provided with County 2002 Drainage Study Questionnaire! These photos where provided December 2, 2008 and are not part of (Appendix 15) showing no Date of StabilizationStabilization!
Why would a California Superior Court Judge allow partial evidence, exhibit # 579 to be withheld from discovery as stated in the Court Transcripts by Union Pacific Railroad and Judge Tangeman? “And for the purpose of the exhibits we don’t need the photographs.” The Court States: “All Right” Judge Tangeman after his August 5, 2010 Inverse Condemnation Decision States on P. 2117-2018 without acknowledging the photographs, regardoing other documents withheld from discovery. "I accept Mr. Belsher's argument these questionnaires where not available at that time. They weren't available until July 30th." "no fruther information was forthcoming and now the questionnaires are here I guarantee they are voluminous, I haven't even read through all of them."
The Second Appellate Court Ruling June 28, 2010 Allows Caltrans to Raise and flood State Highway 1 --13th and Paso Robles Streets in Oceano California and then Grade and shovel debris into the Oceano Communities Storm Water Drainage Channel putting blame on a produce company for 1977 construction! This ruling allows the United States government to discharge debris and well water into our United States drainage systems stating: "the nuisance or trespass alledged here is permanent."!
California and United States Justices, Associate Justice Carlos R. Moreno, Associate Justice Joyce L. Kennard, Associate Justice Kathryn Mickle Werdegar, Chief Justice Ronald M. George, Associate Justice Ming W. Chin, Associate Justice Marvin R. Baxter, Associate Justice Carol A. Corrigan, Anthony M. Kennedy, John Paul Stevens, Chief Justice John G. Roberts, Antonin G. Scalia, Clarence Thomas, Samuel A. Alito, Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor
The Second Appellate Court of California has changed our California Case Law in Arreola v. County of Monterey(2002) 99 Cal.App.4th 722. and Skoumbas v. City of Orinda (2008) 165 Cal.App.4th 783. Court of Appeal Opinion:
Now in the publised decision Bookout et al. v. State of California Dept. of Transportation, government (Caltrans, OCSD) is allowed to fill in storm water drainage channels and dredge debris into storm water drainage systems as seen and talked about by Justice--Steven Z. Perren---Kenneth R. Yegan---Arthar Gilbert in their publised July 28, 2010 Decision! Notice Photos talked about by the Second Appellate Court in their Julu 28, 2010 Inverse Condemnation decision!!
The Second Appellate Court States in their July 28, 2010 published decision in regards to these photos above "Bookout points to no findings of fact in his favor. Instead, he relies on over 500 photographs and videos showing the flooding, several hundred documents which he claims show each defendant exercised dominion and control over the drainage facilities, and the testimony of his expert engineer, Keith Crow. He believes the evidence against the defendants was overwhelming."
This statement above by the Second Appellate Court affects every California resident and changes our California Case Law with the Second Appellate Courts published decision July 28, 2010 in Bookout et al. v. State of California Dept. of Transportation. This decision now changes--Arreola v. County of Monterey(2002) 99 Cal.App.4th 722. and Skoumbas v. City of Orinda (2008) 165 Cal.App.4th 783.
California State Senator Sam Blakslee
Lieutenant Governor, Abel Maldonado stated in a letter May 12, 2009
"I hope that you continue to seek legal counsel and that this very difficult situation will be resolved soon." Lieutenant Governor, Abel Maldonado has seen these Caltrans documents Cal_Trans_Documents.pdf
It is unfortunate that San Luis Obispo Superior Court Judge Martin J. Tangeman would not allow in as evidence Exhibit 1789. This evidence tied in with the photos below, that went with exhibit # 579 that Superior Court Judge Martin J. Tangeman chose also to not allow in as evidence showing that the flooding of our State Highway could be abated for only $43,295.00 as seen in exhibit # 1790. Caltrans actions as seen in these photos raising State Highway 1 a foot has put every California resident in danger with their new Case Law decision July 28, 2010!
Bookout v. State Of California K... Bookout v. State of California Supreme Court Appeal...
Senator Sam Blakeslee, Exhibit # 1789 talks about what the photos show in exhibit # 579 that Judge Martin J. Tangeman would not allow into evidence! Why is Caltrans raising our State Highway as seen in these photos knowing of prior drainage Problems? Please inform each California Senator and State Assembly Member of San Luis Obispo Superior Court Judge Martin J. Tangeman's actions!
Exhibit # 1789 States September 15, 1987: “It was believed that our proposed plan of installing a 36-inch pipe to replace an existing 24- inch pipe would be acceptable to the property owners if it could be shown that the project would only affect the downstream owners minimally.”
“And that even though there had been some light rainfall years there is a good possibility of heavy flooding in this area in the future of both the Highway areas and the County areas.”
“The State could raise the height of Highway one approximately one foot and leave both the County and the Oceano Community Services District the problem to solve on their own (P. Hom)” Cal_Trans_Documents.pdf
The Second Appellate Court in their July 28, 2010 published case law decision fail to talk about Skoumbas v. City of Orinda (2008) 165 Cal.App.4th 783. As briefed and used by Superior Court Judge Martin J. Tangeman. The Appellate Court States: "Bookout contends the trial court improperly applied a reasonableness test to determine liability. He points out that except for damage caused by public flood control projects, the test in inverse condemnation actions is strict liability. (Citing Arreola v. County of Monterey (2002) 99 Cal.App.4th 722, 753-754.)
But Bookout fails to point to anywhere in the record that the trial court applied the reasonableness test instead of strict liability. In any event, the court's ruling was based on the statute of limitations and failure to prove causation. The results are the same under the reasonableness test or strict liability. The defendants prevail."
The Second Appellate Court ignores Skoumbas v. City of Orinda (2008) 165 Cal.App.4th 783. ”We conclude the critical inquiry is not whether the entire system was a public improvement, but rather whether the City acted reasonably in its maintenance and control over those portions of the drainage system it does own.” “Substantial cause-and-effect relationship” is enough for liability even for downstream flooding." The Appellate Court ignores Caltrans ownership of the first four feet of the storm water drainage inlet and the OCSD ownership and control of their Well # 8 pipe inside this storm water drainage channel! The Appellate Court ignores exhibit # 1768 presented to the Appellate Court showing OCSD maintenance and drainage changes in December 2002 changeing the Statute of Limitations!
The Second Appellate Court July 28, 2010 published decision compleatly ignores Statute Of Limitations changes as seen in exhibit # 579 "Did you observe likely causes of the flooding, such as clogged culverts under roads, catch basins filled with dirt, no place for water to flow?" On Exhibit # 579 withheld from discovery by the County Of San Luis Obispo it was stated--- "Hwy 1 Not Adaquate drainage on Hwy 1 under the train track & Overlay from Caltrans in 2001 on Hwy 1"
The Second Appellate Court Justice--Steven Z. Perren---Kenneth R. Yegan---Arthar Gilbert---Paul Coffee would not talk about these photos that went with exhibit # 579 that Superior Court Judge Martin J. Tangeman did not feel were needed as evidence as he and Union Pacific Railroad stated "“And for the purpose of the exhibits we don’t need the photographs.” The Court States: “All Right” In regards to these photos the County of San Luis Obispo asks on their Community Drainage and Flood Control Study Questionnaire---"Are there Any other comments regarding drainage and flooding that you would like to make?" It was weitten "Yes" showing these photos that Judge Martin J. Tangeman told the Railroad they did not have to include with exhibit # 579. This prejudicial error shows Causation and no Date of Stabilization! County Discovery Abuse per the Baughman Property from State Highway 1 PDF File...
The one Photo that Union Pacific RailRoad did Include in Exhibit # 579 shows that their is in Stabilization in this drainage system as stated on this photo exhibit " Pipeline in rail road culvert obstructin flow (Culvert Abuse) 13th Street & Highway 1 Mr. Bookout" Exhibt # 1768 and 1756 backs up this statement showing no Date Of Stabilization with this OCSD drainage change since 1977!County Discovery Abuse per the Baughman Property from State Highway 1 PDF File...
RE: Statute of Limitations and Prejudicial Error in regards to evidence withheld from discovery by the County of San Luis Obispo Molly Thurmond, Esq. (SBN 104973)Exhibit #579 (Appendix 15) Prejudicial Error or Not? Photo/Statement Documents withheld by County Of San Luis Obispo And Railroad at trial as allowed by Judge Tangeman, as Judge Tangeman Stated "All Right" County of San Luis Obispo Causation in permits and drainage requirements on private property. OCSD and Caltrans correcting 2002 drainage complaint problems in 2002/2003 as stated in exhibit #579 Complaint, Caltrans-McKinley Testomony P. 645 and (RA exhibit #1768) changing the Statute of Limitations! Date of Stabilization!
County photo documents withheld from discovery by County and Rail Road Exhibit # 579 showing flooding problem on east side of State Highway 1 after Caltrans raised State Highway 1 as stated in document provided with County 2002 Drainage Study Questionnaire! These photos where provided December 2, 2008 and are not part of (Appendix 15) showing no Date of StabilizationStabilization!
Why would a California Superior Court Judge allow partial evidence, exhibit # 579 to be withheld from discovery as stated in the Court Transcripts by Union Pacific Railroad and Judge Tangeman? “And for the purpose of the exhibits we don’t need the photographs.” The Court States: “All Right” Judge Tangeman after his August 5, 2010 Inverse Condemnation Decision States on P. 2117-2018 without acknowledging the photographs, regardoing other documents withheld from discovery. "I accept Mr. Belsher's argument these questionnaires where not available at that time. They weren't available until July 30th." "no fruther information was forthcoming and now the questionnaires are here I guarantee they are voluminous, I haven't even read through all of them."
The Second Appellate Court Ruling June 28, 2010 Allows Caltrans to Raise and flood State Highway 1 --13th and Paso Robles Streets in Oceano California and then Grade and shovel debris into the Oceano Communities Storm Water Drainage Channel putting blame on a produce company for 1977 construction! This ruling allows the United States government to discharge debris and well water into our United States drainage systems stating: "the nuisance or trespass alledged here is permanent."!
California and United States Justices, Associate Justice Carlos R. Moreno, Associate Justice Joyce L. Kennard, Associate Justice Kathryn Mickle Werdegar, Chief Justice Ronald M. George, Associate Justice Ming W. Chin, Associate Justice Marvin R. Baxter, Associate Justice Carol A. Corrigan, Anthony M. Kennedy, John Paul Stevens, Chief Justice John G. Roberts, Antonin G. Scalia, Clarence Thomas, Samuel A. Alito, Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor
The Second Appellate Court of California has changed our California Case Law in Arreola v. County of Monterey(2002) 99 Cal.App.4th 722. and Skoumbas v. City of Orinda (2008) 165 Cal.App.4th 783. Court of Appeal Opinion:
Now in the publised decision Bookout et al. v. State of California Dept. of Transportation, government (Caltrans, OCSD) is allowed to fill in storm water drainage channels and dredge debris into storm water drainage systems as seen and talked about by Justice--Steven Z. Perren---Kenneth R. Yegan---Arthar Gilbert in their publised July 28, 2010 Decision! Notice Photos talked about by the Second Appellate Court in their Julu 28, 2010 Inverse Condemnation decision!!
The Second Appellate Court States in their July 28, 2010 published decision in regards to these photos above "Bookout points to no findings of fact in his favor. Instead, he relies on over 500 photographs and videos showing the flooding, several hundred documents which he claims show each defendant exercised dominion and control over the drainage facilities, and the testimony of his expert engineer, Keith Crow. He believes the evidence against the defendants was overwhelming."
This statement above by the Second Appellate Court affects every California resident and changes our California Case Law with the Second Appellate Courts published decision July 28, 2010 in Bookout et al. v. State of California Dept. of Transportation. This decision now changes--Arreola v. County of Monterey(2002) 99 Cal.App.4th 722. and Skoumbas v. City of Orinda (2008) 165 Cal.App.4th 783.
The Second Appellate Court ignores Skoumbas v. City of Orinda (2008) 165 Cal.App.4th 783. ”We conclude the critical inquiry is not whether the entire system was a public improvement, but rather whether the City acted reasonably in its maintenance and control over those portions of the drainage system it does own.” “Substantial cause-and-effect relationship” is enough for liability even for downstream flooding." The Appellate Court ignores Caltrans ownership of the first four feet of the storm water drainage inlet and the OCSD ownership and control of their Well # 8 pipe inside this storm water drainage channel! The Appellate Court ignores exhibit # 1768 presented to the Appellate Court showing OCSD maintenance and drainage changes in December 2002 changeing the Statute of Limitations!
The Second Appellate Court July 28, 2010 published decision compleatly ignores Statute Of Limitations changes as seen in exhibit # 579 "Did you observe likely causes of the flooding, such as clogged culverts under roads, catch basins filled with dirt, no place for water to flow?" On Exhibit # 579 withheld from discovery by the County Of San Luis Obispo it was stated--- "Hwy 1 Not Adaquate drainage on Hwy 1 under the train track & Overlay from Caltrans in 2001 on Hwy 1"
The Second Appellate Court Justice--Steven Z. Perren---Kenneth R. Yegan---Arthar Gilbert---Paul Coffee would not talk about these photos that went with exhibit # 579 that Superior Court Judge Martin J. Tangeman did not feel were needed as evidence as he and Union Pacific Railroad stated "“And for the purpose of the exhibits we don’t need the photographs.” The Court States: “All Right” In regards to these photos the County of San Luis Obispo asks on their Community Drainage and Flood Control Study Questionnaire---"Are there Any other comments regarding drainage and flooding that you would like to make?" It was weitten "Yes" showing these photos that Judge Martin J. Tangeman told the Railroad they did not have to include with exhibit # 579. This prejudicial error shows Causation and no Date of Stabilization! County Discovery Abuse per the Baughman Property from State Highway 1 PDF File...
The one Photo that Union Pacific RailRoad did Include in Exhibit # 579 shows that their is in Stabilization in this drainage system as stated on this photo exhibit " Pipeline in rail road culvert obstructin flow (Culvert Abuse) 13th Street & Highway 1 Mr. Bookout" Exhibt # 1768 and 1756 backs up this statement showing no Date Of Stabilization with this OCSD drainage change since 1977!County Discovery Abuse per the Baughman Property from State Highway 1 PDF File...
RE: Statute of Limitations and Prejudicial Error in regards to evidence withheld from discovery by the County of San Luis Obispo Molly Thurmond, Esq. (SBN 104973)Exhibit #579 (Appendix 15) Prejudicial Error or Not? Photo/Statement Documents withheld by County Of San Luis Obispo And Railroad at trial as allowed by Judge Tangeman, as Judge Tangeman Stated "All Right" County of San Luis Obispo Causation in permits and drainage requirements on private property. OCSD and Caltrans correcting 2002 drainage complaint problems in 2002/2003 as stated in exhibit #579 Complaint, Caltrans-McKinley Testomony P. 645 and (RA exhibit #1768) changing the Statute of Limitations! Date of Stabilization!
County photo documents withheld from discovery by County and Rail Road Exhibit # 579 showing flooding problem on east side of State Highway 1 after Caltrans raised State Highway 1 as stated in document provided with County 2002 Drainage Study Questionnaire! These photos where provided December 2, 2008 and are not part of (Appendix 15) showing no Date of StabilizationStabilization!
Why would a California Superior Court Judge allow partial evidence, exhibit # 579 to be withheld from discovery as stated in the Court Transcripts by Union Pacific Railroad and Judge Tangeman? “And for the purpose of the exhibits we don’t need the photographs.” The Court States: “All Right” Judge Tangeman after his August 5, 2010 Inverse Condemnation Decision States on P. 2117-2018 without acknowledging the photographs, regardoing other documents withheld from discovery. "I accept Mr. Belsher's argument these questionnaires where not available at that time. They weren't available until July 30th." "no fruther information was forthcoming and now the questionnaires are here I guarantee they are voluminous, I haven't even read through all of them."
The Second Appellate Court Ruling June 28, 2010 Allows Caltrans to Raise and flood State Highway 1 --13th and Paso Robles Streets in Oceano California and then Grade and shovel debris into the Oceano Communities Storm Water Drainage Channel putting blame on a produce company for 1977 construction! This ruling allows the United States government to discharge debris and well water into our United States drainage systems stating: "the nuisance or trespass alledged here is permanent."!
California and United States Justices, Associate Justice Carlos R. Moreno, Associate Justice Joyce L. Kennard, Associate Justice Kathryn Mickle Werdegar, Chief Justice Ronald M. George, Associate Justice Ming W. Chin, Associate Justice Marvin R. Baxter, Associate Justice Carol A. Corrigan, Anthony M. Kennedy, John Paul Stevens, Chief Justice John G. Roberts, Antonin G. Scalia, Clarence Thomas, Samuel A. Alito, Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor
The Second Appellate Court of California has changed our California Case Law in Arreola v. County of Monterey(2002) 99 Cal.App.4th 722. and Skoumbas v. City of Orinda (2008) 165 Cal.App.4th 783. Court of Appeal Opinion:
