More Law Stuff

Hey friends!

Almost two weeks ago was "Results Friday" when the fate of thousands of California Bar takers was announced. To my surprise and relief I found out I passed - 1st try! Thank heavens! The Cal Bar website also posted the overall bar results which I thought was interesting.



I also found out that I got accepted for one of the six spots for the Spring Federal Tax Clinic at USD. I was informed that I'll be required to work about 16 hours per week while taking my tax policy and tax litigation courses. The program will be a great opportunity to work with clients one on one.

An Actual Lawsuit Against Satan and His Staff

United States District Court, W. D. Pennsylvania.
UNITED STATES ex rel. Gerald MAYO
v.
SATAN AND HIS STAFF.


Misc. No. 5357.

Dec. 3, 1971.

*282 Gerald Mayo, pro se.


MEMORANDUM ORDER

WEBER, District Judge.

Plaintiff, alleging jurisdiction under 18 U.S.C. § 241, 28 U.S.C. § 1343, and 42 U.S.C. § 1983 prays for leave to file a complaint for violation of his civil rights *283 in forma pauperis. He alleges that Satan has on numerous occasions caused plaintiff misery and unwarranted threats, against the will of plaintiff, that Satan has placed deliberate obstacles in his path and has caused plaintiff's downfall.


Plaintiff alleges that by reason of these acts Satan has deprived him of his constitutional rights.


We feel that the application to file and proceed in forma pauperis must be denied. Even if plaintiff's complaint reveals a prima facie recital of the infringement of the civil rights of a citizen of the United States, the Court has serious doubts that the complaint reveals a cause of action upon which relief can be granted by the court. We question whether plaintiff may obtain personal jurisdiction over the defendant in this judicial district. The complaint contains no allegation of residence in this district. While the official reports disclose no case where this defendant has appeared as defendant there is an unofficial account of a trial in New Hampshire where this defendant filed an action of mortgage foreclosure as plaintiff. The defendant in that action was represented by the preeminent advocate of that day, and raised the defense that the plaintiff was a foreign prince with no standing to sue in an American Court. This defense was overcome by overwhelming evidence to the contrary. Whether or not this would raise an estoppel in the present case we are unable to determine at this time.


If such action were to be allowed we would also face the question of whether it may be maintained as a class action. It appears to meet the requirements of Fed.R. of Civ.P. 23 that the class is so numerous that joinder of all members is impracticable, there are questions of law and fact common to the class, and the claims of the representative party is typical of the claims of the class. We cannot now determine if the representative party will fairly protect the interests of the class.


We note that the plaintiff has failed to include with his complaint the required form of instructions for the United States Marshal for directions as to service of process.


For the foregoing reasons we must exercise our discretion to refuse the prayer of plaintiff to proceed in forma pauperis.


It is ordered that the complaint be given a miscellaneous docket number and leave to proceed in forma pauperis be denied.

W.D.Pa., 1971
UNITED STATES v. SATAN AND HIS STAFF
54 F.R.D. 282

END OF DOCUMENT

Night Sesh Saves Local Derelict

I don't know what it is about life changes, but they are hard for me. It doesn't matter what it is, school, relationships, new town, new job, it always takes a while for me to feel like i fit in. In the past surfing has been a good bridge for those gaps. So yesterday I decided to pack my surfboard to my institute class in San Marcos, just in case I felt like doing some night surfing afterward. I kind of got nostalgic driving to Palomar College, my first semester after my mission I would drive to Palomar with Randy and Wendy and we'd all taken institute classes there. This time it was just me and my surfboard.

Sister Morgan's lesson was brilliant. It was about the gift of revelation and ways we can qualify it and ways we receive it. 8:30 came around, class got out and I had no where to go but home or to O'side Pier for some night surfing. What a night of surfing it was! Paddling out it didn't seem that amazing. No one was out, except a few fishers on the pier. After a few minuets a set came in. My eyes hadn't really adjusted yet, so I just turn around and guessed I was in the right spot. Fortunately it one of those waves that looks like it's going to break, but gives you a few extra seconds. I dropped into a 4 footer and rode all the way into the beach. The whole night the waves were like that, breaking about halfway out to the pier bait shop, perfect rights with peaky A frame take-offs. The inside section got really hollow and you had to pump down the line to stay in the curl. The waves let you surf them both fast and smooth - I felt like Rob Machado surfing Trestles all alone. It was incredible.

I surfed till about 11. There was red tide, so the waves were breaking blue, which is always pretty cool to see. It was a beautiful night. I don't know why surfing is so therapeutic, but I just feel really great right now, in spite of everything else. Maybe sometimes being alone and being content is what we need to be healthy enough to move on. If you have a psychological explanation, let me know.

Also, I found this article on night surfing in the LA Times. Pretty interesting.

A Year Goes By: Back in Cali!

It has almost been a year since I made an entry on my blog. The last year has been a whirl wind. In January 2010 I graduated from law school in Boston and returned back to California. Just weeks after I left Boston I started tax courses in my LL.M. at Golden Gate University in San Francisco, commuting to the city from Sacramento 3 times a week.

After a successful semester at GGU, I locked myself down in Sacramento for the Summer to study for the Bar Exam. At first I didn't think the studying was too bad. But by the end of the summer I just wanted to be a normal person again. While studying I also applied to transfer to University of San Diego. Their LL.M. is one of the best tax programs in the country and the commute from Escondido was so much easier. (I would have applied to USD in the first place, but I didn't get my letters of recommendation until after USD's deadline). A few weeks later I got my acceptance letter and was immediately so stoked. It was like I had been lost and had found the pathway again.

So now I've been going to USD for about 3 weeks and I love it. The campus is beautiful, the classes are at daytime hours (at GGU they were all night classes), and their career services programs have been fantastic. Already this semester I've interviewed with AYCO (a Goldman Sachs Co.), the Chief Counsel for the IRS, and the Army Jags. My classes this semester are partnership taxation, taxation of property transactions, Tax research and communication and federal tax procedures. Fun stuff!

Various Degrees of Honor

The Fall '09 semester, my last semester of my law degree, is well under way. Yet I feel it is a good time to reflect on some of the recent events in the last few months of my life. Reading my last blog entry, I am reminded of the struggle of getting summer started. I guess this summer was one of uncertainty and doubt. I searched for many weeks to find a paid part-time job. Finally had to settle for a paper route, delivering the Boston globe, NY Times, Wall Street Journal at 3am 7 days a week. I never thought I'd be delivering papers at this point of my life, but it was what I had to do.

The summer definitely included some fun stuff too. My internship kept me engaged and doing lots of tours of recycle centers and water treatment plants, ect. My friends kept me busy with trips to Walden Pond, 6-flags, free concerts at the hatchshell and Shakespear at Boston Commons. Through the summer, however, I kept thinking of my fall classes, my plans after law school and wondering how I could get experience in Estate planning/Elder law, if it was really what I wanted to get into.

With School starting again, I got some great news. I recieved the CALI Award (Highest grade in a specific course) for the Tax Clinic and a $3000 grant from the school. I also got all the classes I hoped to get, including Elder Law, Accounting for Lawyers, Tax Reform and Bar Prep. Things were going better.

With classes starting, I started thinking seriously about applying for an LL.M. in Taxation. I talked to a number of attorneys in the past who've said that the program is very beneficial for what I want to do. My friend Candice suggested that I email some Estate Planning attorney's we'd met last semester at a career fair. One of the attorneys I emailed, David Correira, one of the leading Estate planning/Elder Law attorneys in the North East, emailed me back and arranged to meet me. We talked about what I wanted to learn and he offered me a chance this semester to work in his office. Check out this Link: Correira & Iacono David already has me busy reading articles about Trusts, attending NAELA seminars, sitting in on estate planning meetings with wealthy clients and attending social events. I'm very excited about working with his firm this semester!

Having a paper route taught me a lot about life and having a good sense of humor. I also learned not to mess with raccoons when they jump out of a trash can and growl at you. Just get in your car, drive as close to the door as possible, throw the paper and run for it!

Lets get rolling already!

It's summer again in Boston, although you wouldn't know it will all the rain. After a week of lousy weather I was understandably bummed to see more rain in the forecast for the next week. Come on Summer, where you at?

I've been out of school a little over a month now. I closed out the semester with one of my best GPA's in law school so far:

Remedies: C (because technicality that my teacher wouldn't excuse)
Wills, Estates & Trust II - B+
Federal Income Tax - B+
First Amendment Law B+
Tax Clinic - A

Anyways, I was thrilled to get my grades, particularly as I look forward to apply to tax LLM programs this fall.

After I finished finals, I spent two weeks home in San Diego. My sister and I helped my mom buy a new car with her tax return money. We got her a 03 Pontiac Vibe, one previous owner 20,000 mi. It's a beautiful car and it's in mint condition. I also got to see my neices Gwen and Cora which was really fun. (I'll post some pictures of them soon).



Back in Boston I've been trying to get summer work. This week I started a summer internship program at Massachusetts Department of Environmental Protection (MassDEP) in Wilmington, MA. Unfortunately, the position is unpaid so I'm looking for other part-time work and it's proving more difficult that I thought. Whatever the reason, I'm plugging away, trying to make due and stay optimistic. Overall, I realize I've received a lot of blessings this year and am really grateful. I have great friends and family and have had lots of great opportunities. Good things are in the future!

Movies I Watched While in San Diego

Mary Poppins
Bedtime Stories
The Hallelujah Trail
The Fiddler on the Roof
Star Trek (2009)
Dvorak in Prague
The Glenn Miller Story
The Importance of Being Earnest