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

Patriots Day Weekend

This weekend was one of patriotism and historical reenactments in Massachusetts. On Saturday, I went with my San Diego friends, Ian and Whitney Dawson to Minuteman National Park between Lexington and Concord for the a reenactment at Battle Road and on Monday morning I went with some friends to the Lexington battle reenactment. On April 19, 1775 British troops departed from Boston to seize arms and munitions in Concord. Local minutemen and militias battled the troops in Lexington, Concord and all along Massachusetts avenue back to Boston. The reenactments definitely stirred feelings of patriotism and veneration for our country's rich history. Unfortunately I didn't take many still photos, but I got about an hour of video! So if anyone's interested in seeing that let me know!

British Camp at Minutemen National Park, Concord

Ian and I with a British Officer in Concord

Lexington with friends at 6:00am, Patriots Day

Everyone was taking turns getting "jumping pictures" in front of this flag.

It was my turn. Here's my take-off

I went for a superman shot.

Paying tribute to the honorable dead.

Jared popping a heel-clicker.

Fun Stuff - Spring 2009

The Spring 2009 semester is almost over so I thought I'd recap some the highlight of the year so far:


Got to argue a drug possession case at the Suffolk County Court of Appeals at the John Adams Court House in Boston.


Interned at the Massachusetts Appellate Tax Board with Commissioner Sharaffa

Kicked it at George Washington's house for spring break


Wandered around D.C. aimlessly in the middle of the night

Did a 3 hour driving tour of Gettysburg battlefields. Here's my roommate Jared at the top of "Little Round Top."

Almost fell in the Shenandoah River

Toured the historic town Harpers Ferry

Crazy Life

I haven't posted anything here lately because I'm loosing my mind. I've been trying to get a huge paper done for my tax clinic the last month and its been slow and arduous. I was also asked argue for the DA a case on appeal that I wrote a brief for last semester. The oral argument is April 2. Fortunately, the moot hearing went really well this morning and I'm almost done with my paper, so end in sight! Then I got to start study for finals again!

How To Deal With Winter in the North East

In Boston, winter is a disappointing and substantial portion of the year. I'm the last person to offer any advise on how to enjoy the season. As the snow piles on my car and the streets to ice, my affection for New England quickly turns to disdain.

My ward is renouned for proceeding with church when all others have declared "snow day."

Trying to find parking during a snow emergency occurs about every other Sunday (remember, church proceeds!)

Last weekend, however, my contempt for the cold weather was somewhat subdued upon the discovery of a novel past-time celebrated in these bitter territories. Snowshoeing. Brittany and I joined a small group of New Hampshire and Vermont residents at Bear Pond near Lebanon, NH. The activity was surprisingly invigorating and enjoyable. The people were really fun and upbeat. By the end of the excercise my attitude towards the cold weather had softened substantially and my appreciation for the North East rehabilitated. Now that I've made peace with the winter I'm ready to move on to the spring.

Brittany was so fast in those snowshoes. One of the trail guides, Pete, noted her speed saying, "wow, she's really going!"

I tried my best to look good at snowshoeing in front of the group. Unfortunately I blew my cover as we were heading back and I fell over while trying to say "thank you" to my fellow snowshoers. We all had a good laugh.

Spring Class Schedule

I just registered for Spring classes. I am most excited about the tax clinic. Only 8 students per semester get selected for this course! My spring classes:

Personal Income Tax
Will Estates & Trust II
Tax Clinic
Modern Remedies
First Amendment

Music Videos of home

These are some of my favorite Music videos filmed in San Diego. They are consoling when I'm bummed out by the North East freeze fest out here. The Dashboard video is filmed at the Hotel del Coronado and the Switchfoot videos is at a SoCal beach, I'm not sure which one, but definately reminds me of Oceanside Pier. SD, I'll see you at Christmas!



http://www.youtube.com/watch?v=epHN4uSHox0



http://www.youtube.com/watch?v=uK_E7xS7AtQ

Fall Happenings

I am convinced that Fall is the best season to be in Boston. The weather has been more moderate, sunny and generally more pleasant than any other season this year so far. The past couple weekend Brittany and I have spent showing visiting friends/family around boston, apple picking in Harvard, MA and visiting Salem.

Brittany and I at the Paul Revere Mall in the North End

Me, Brittany, Parker and Kate at Acorn Street on Beacon Hill

Harvard, MA

Brittany and I walking towards the Old North Church in the North End

Kate, Parker, Brittany and I sitting in a pew in the Old North Church

Surf & Turf

My good friend and violin teacher David Truscott hosted a Surf & Turf dinner last night. We had Steak, Lobster, Sweet Potatoes and cheesecake and icecream and watched the Office and SNL Thursday up-date. It was an awesome night!

Last week I began a new internship at the Suffolk County District Attorney's office (Boston). I will be working for the appellate division assisting ADA's (Assistant District Attorney) with appellate briefs. The position gives me the opportunity to develop my legal research, writing and analytical skills with a focus on criminal law. I'll be arguing for the State in opposition of convicted person's appeal to set asside judgment. I'm currently starting out on drug possession cases. I'm really looking forward to working there and getting a perspective of law in the public sector.

School Starts Again!

After a long summer in Boston, I have officially begun my 3rd year of law school. Since I failed to post anything on my blog this summer, I thought I'd make a "Top 10" list of the most noteworthy things I did, or things that happened this summer.

10. Got to visit my former mission companion, Nathan King, in Connecticut where he now lives. 45 mins away!
9. Went on a day trip to Hampton Beach, New Hampshire with Brittany, Spencer, Emily and Christian. Got to go swimming, skim boarding and went to Portsmith for dinner. An awesome day!
8. Got my spring semester grade - Straight B+'s and Deans list!
7. Having my mom visit Boston for the Forth of July week. We did numerous tours and museums and watched the Boston Pops concert with Rascall Flatts at the Hatchshell, surviving a torrential rain storm.
6. Trip to Washington DC to visit David Truscott. We got to see all the monuments, including the Holocaust Museum and a trip to the DC temple.
5. Portland, Maine with the Ian & Whitany Dawson and Brittany. The lighthouse there was amazing!
4. Seeing the Red Sox at Fenway park on Labor Day Weekend with my friend Aaron Birch
3. Trip to Montreal with Ian and Whitney Dawson, my Mom and Brittany. On the way back we came down through NY and got to see the old Fort Ticonderoga. It was amazing!
2. Going to New York City with Brittany and her friends and sisters and staying at the New York Plaza Hotel. Luxury!
1. White-Trash road trip to North Carolina. A group of us left Boston to visit Trisha Cheney's family and got to enjoy Southern Living for a weekend, including getting to see a NASCAR event.

Easter & First Weekend of Spring

Easter weekend was great! On Saturday Brittany & I met up with my San Diego friends Ian and Whitney Dawson and went to Concord to tour the Louisa May Alcott house. The Alcotts lived in this house during the Civil War and is the home where the novel "Little Women" was written and based on.



Later Ian took us to a great sushi resturaunt in Lexington. At one point I got carried away bragging about how much I liked wasabi and got peer pressured into eating a roll with a huge glob of the green stuff. I had fire coming out of my eye sockets! Besides that, though, the food was really good and we all had a fun time hanging out together.



For Easter Gina Paulino invited Brittany, David, me and some other friends from Boston to spend the day with her family down at Cape Cod. Gina's mom made a huge dinner, her dad hid a bunch of easter eggs, and everyone had a really fun and relaxing day.

Law Clerk Job

This last week I started my 1st internship since I started law school. The position is part-time as a law clerk at the Law Offices of Stephen Sutton P.C. The firm specializes in insurance defense for personal injury cases, but also dabbles in Immigration Law and a few plaintiff's cases. The office itself is located at Braintree Hill Business Park and overlooks the South Shore. The view from the office is awesome. Everyone has been really friendly so far, especially the big boss who yesterday told me he'd help me draft my first Rule 14 joinder of a 3rd party defendant and complaint. I feel like this is a great opportunity to get my legal career started.

Full Tilt at the Middle East in Cambridge

Last Thursday Brittany and I went with my friends Jon and Tara from school to see a local band called Full Tilt. The band began playing together while studying at Berkley School of Music and their lead singer Justin is also one of my friends and New England Law. They put on one of the best live performances I've ever seen. Check 'em out!: http://www.myspace.com/fulltiltrocks.

Full Tilt rocking our faces off!

See if you can't recognize anyone in the crowd!