What is everyone working on now that its cold and windy?

I should think you were in as much a of position to know about such things as anyone could be.

Weren't you (or was it your invisible friend "brian teeling"?) the one who made all the "US Rockets" motors and said you didn't get paid for them (but kept them yourself and sold them out of the back of your car anyway)?

-dave w

David Weinshenker wrote:

ROBERT L. WEISS, ESQ. BAR #118796

1001 Partridge Drive, Suite 105, Ventura, CA 9 3 003 (805) 650-1717

Attorney for: Plaintiff, Franklin Kosdon Bob Kloss, Brian Teeling, & John Lee

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF VENTURA

FRANKLIN KOSDON; BOB P. KLOSS;) Case No. 117435 ) JUDGMENT BRIAN TEELING; and JOHN LEE ) Plaintiffs, ) vs. ) JERRY IRVINE, individually, ) and dba U.S. ROCKETS; ) JERRY IRVINE, dba POWERTECH; ) DOES 1-50, INCLUSIVE ) Defendants , ) This action came on regularly for trial on July 10, 1996 in Department 22 of the California Superior Court, County of Ventura, before the Honorable Burt Henson, presiding. The plaintiffs Franklin Kosdon, Brian Teeling, Bob P. Kloss, and John Lee (hereinafter collectively "Plaintiffs"), and cross-defendants Brian Teeling, Bob P. Kloss, and John Lee (hereinafter collectively "Cross-Defendants") appeared by their attorney of record, Robert L. Weiss. The defendant and cross-complainant, Jerry Irvine, and Jerry Irvine d.b.a. U.S. Rockets, appeared by his attorney of record, Grant Kennedy. And Related Cross Actions ) A jury of 12 persons was regularly impaneled and sworn.

KosdonVjudgment Witnesses were sworn and testified. After hearing the evidence and arguments of counsel, the jury was duly instructed by the Court and the cause was submitted to the jury with directions to return a verdict on special issues. The jury deliberated and thereafter returned into court with its verdict consisting of the special issues submitted to the jury and the answers given thereto by the jury, which said verdict was in words and figures as follows as to each of the respective claims. With respect to Plaintiffs claim for breach of contract, the jury found that defendant Jerry Irvine breached a contract with each of the Plaintiffs and that each plaintiff was damaged in the respective amounts as follows for the breach of contract: Franklin Kosdon in the amount of $1,3 00.00, Brian Teeling in the amount of $1,399.84, Bob P. Kloss in the amount of $400.00, and John Lee in the amount of $3,500.00. With respect to Plaintiffs claim for conversion, the jury found that Jerry Irvine interfered with the money and profits of Powertech as to each of the Plaintiffs; that a portion and share of the money and profits of Powertech interfered with by defendant Jerry Irvine, was a portion and share which was owned, due or should have been fairly distributed to each of the Plaintiffs; that defendant Jerry Irvine took the money and profits of Powertech exclusively for himself without sharing it with his partners, and without sharing it each of the Plaintiffs; that the interference by defendant Jerry Irvine was a substantial interference as to each of the Plaintiffs; the interference by Jerry Irvine with the money and profits of Powertech was an intentional interference as to each of the Plaintiffs; that the damages suffered as a result of defendant Jerry KosdonVjudgment Irvine's interference with the money and profits of Powertech were such that the interference was a substantial factor in causing such damages as to each of the Plaintiffs; and that the amount of the damages caused by defendant Jerry Irvine's conversion of money and profits of Powertech as to each of the Plaintiffs was respectively as follows: as to Franklin Kosdon, in the amount of $4,847.50; as to Brian Teeling, in the amount of $4,847.50; as to Bob P. Kloss, in the amount of $4,847.50; and, as to John Lee, in the amount of $9695.00. With respect to Plaintiffs claim for fraud and deceit, it was stipulated and agreed that as to each of the Plaintiffs, that cause of action would proceed on the basis of false promise as opposed to misrepresentation, and the jury found that defendant Jerry Irvine made a promise as to a material matter to each of the Plaintiffs; that at the time that defendant Jerry Irvine made the promise, that Defendant Jerry Irvine did not intend to perform it as to each of the Plaintiffs; that the Defendant made the promise with an intent to defraud each of the Plaintiffs; that each of the Plaintiffs, at the time each Plaintiff acted, was not aware of the Defendant's intention not to perform the promise; that each of the Plaintiffs acted in reliance upon the promise made to them; that each of the Plaintiffs was reasonably justified in relying upon the promise by the Defendant; and that Defendant's promise did cause damage to each of the Plaintiffs; and, that at the point in time that the promise was made as to each Plaintiff and their reliance, no dollar amount of damages had been suffered. With respect to Plaintiffs claim for punitive damages, the jury found that Jerry Irvine was guilty of fraud, malice and KosdonXjudgment ~ .3

oppression by clear and convincing as to each of the Plaintiffs on the tort causes of action, and determined to award punitive damages against Defendant Jerry Irvine in favor of each Plaintiff as follows: as to Franklin Kosdon, in the amount of $2,000.00; as to Brian Teeling, in the amount of $2,000.00; as to Bob P. Kloss, in the amount of $2,000.00; and, as to John Lee, in the amount of $2,000.00. With respect to Cross-Complainant Jerry Irvine's claim for breach of contract, the jury found that no Cross-Defendant breached their contract with Jerry Irvine. With respect to Cross-Complainant Jerry Irvine's claim for conversion, the jury found that no Cross- Defendant converted property belonging to Jerry Irvine. With respect to Cross-Complainant's claim of Unfair Competition, Cross-complainant dismissed said cause of action during trial. With respect to the accounting issues and the partnership personal property, the Court found that the items were of negligible value, and determined that those items currently in the possession of Brian Teeling, John Lee, and Bob Kloss, be returned to Jerry Irvine at such time that Jerry Irvine satisfies the Judgment made herein. As to Franklin Kosdon, it was determined that an arson fire had destroyed those items that had been in his possession and that Franklin Kosdon was absolved of any obligation to return such items. The court further diminished the award in favor of Franklin Kosdon on the breach of contract cause of action to zero and reduced the damages on the conversion cause of action down to $2,847.50 by virtue of the prior small claims judgment obtained by Franklin Kosdon against Jerry Irvine. It appearing by reason of said special verdicts that: Plaintiff, Franklin Kosdon, is entitled to judgment against Kosdon\judgment ~f» ~~ Defendant, Jerry Irvine, in the amount of $ 4,847.50. 1

2 It appearing by reason of said special verdicts that: Plaintiff, Bob P. Kloss, is entitled to judgment against Defendant, 3 Jerry Irvine, in the amount of $ 7,247.50. It appearing by reason of said special verdicts that: Plaintiff, Brian Teeling, is entitled to judgment against Defendant, Jerry Irvine, in the amount of $ 8,247.34. It appearing by reason of said special verdicts that: Plaintiff, John Lee, is entitled to judgment against Defendant, Jerry Irvine, in the amount of $ 15,195.00. It appearing by reason of said special verdicts that: Cross-Defendants are entitled to Judgment in their favor against Cross-Complainant, Jerry Irvine, and therefore that said Cross- Complainant take nothing by way of his cross-complainant. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: That Plaintiff Franklin Kosdon have judgment, against Defendant Jerry Irvine, and Jerry Irvine, d.b.a. U.S. Rockets, for breach of contract reduced to zero, and for conversion in the amount of $2,847.50, and punitive damages on the conversion in the amount of $2,000.00, for a total judgment in the sum of $4,847.50. That Plaintiff Bob P. Kloss have judgment, against Defendant Jerry Irvine, and Jerry Irvine, d.b.a. U.S. Rockets, for breach of contract in the amount of $400.00, and for conversion in the amount of $4,847.50, and punitive damages on the conversion in the amount of $2,000.00, for a total judgment in the sum of $ 7,247.50. That Plaintiff Bob P. Kloss have judgment, against Defendant Jerry Irvine, and Jerry Irvine, d.b.a. U.S. Rockets, for Kosdon\(udgment

breach of contract in the amount of $400.00, and for conversion in the amount of $4,847.50, and punitive damages on the conversion in the amount of $2,000.00, for a total judgment in the sum of $7,247.50. That Plaintiff Brian Teeling have judgment, against Defendant Jerry Irvine, and Jerry Irvine, d.b.a. U.S. Rockets, for breach of contract in the amount of $1,399.84, and for conversion in the amount of $4,847.50, and punitive damages on the conversion in the amount of $2,000.00, for a total judgment in the sum -of $8,247.34. That Plaintiff John Lee have judgment, against Defendant Jerry Irvine, and Jerry Irvine, d.b.a. U.S. Rockets, for breach of contract in the amount of $3,500.00, and for conversion in the amount of $9695.00, and punitive damages on the conversion in the amount of $2,000.00, for a total judgment in the sum of $ 15,195.00. That Cross-defendants Brian Teeling, John Lee and Bob P. Kloss have judgment in their favor as and against Cross-complainant Jerry Irvine. Further that Cross-complainant Jerry Irvine take nothing by way of his cross-complaint. It is further ordered and decreed that at such time Defendant Jerry Irvine pays the judgments as set forth above, Brian Teeling, Bob Kloss and John Lee shall return to Jerry Irvine the partnership assets currently in their possession and control. Dated: Honorable Burt Henson, Judge of the Superior Court Kosdonjudgment

CONVICTIONS have decreased as people pay more attention to being clandestine. That'sall.

In fact this practice has become so prevelant and successful, police have resorted to (obviously unconstitutional/illegal) CHECKPOINTS to randomly search drivers as a means to "catch drunk drivers", who do not exhibit ANY required "probable cause".

I believe a BOE test constitutes EVIDENCE of common sense and EVIDENCE of the "Class 1" exception being invoked at time certain.

One wonders if ANY SUBSTANCE would now qualify for the "Class 1" exemption after being first introduced to the explosives testing process in the first place.

Null set.

Jerry

Inquiring minds want to see Dave Grayvis actually answer a question substantively for a change :)

GFL

Jerry Irvine wrote:

ROBERT L. WEISS, ESQ. BAR #118796

1001 Partridge Drive, Suite 105, Ventura, CA 9 3 003 (805) 650-1717

Attorney for: Plaintiff, Franklin Kosdon Bob Kloss, Brian Teeling, & John Lee

SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF VENTURA

FRANKLIN KOSDON; BOB P. KLOSS;) Case No. 117435 ) JUDGMENT BRIAN TEELING; and JOHN LEE ) Plaintiffs, ) vs. ) JERRY IRVINE, individually, ) and dba U.S. ROCKETS; ) JERRY IRVINE, dba POWERTECH; ) DOES 1-50, INCLUSIVE ) Defendants , ) This action came on regularly for trial on July 10, 1996 in Department 22 of the California Superior Court, County of Ventura, before the Honorable Burt Henson, presiding. The plaintiffs Franklin Kosdon, Brian Teeling, Bob P. Kloss, and John Lee (hereinafter collectively "Plaintiffs"), and cross-defendants Brian Teeling, Bob P. Kloss, and John Lee (hereinafter collectively "Cross-Defendants") appeared by their attorney of record, Robert L. Weiss. The defendant and cross-complainant, Jerry Irvine, and Jerry Irvine d.b.a. U.S. Rockets, appeared by his attorney of record, Grant Kennedy. And Related Cross Actions ) A jury of 12 persons was regularly impaneled and sworn.

KosdonVjudgment Witnesses were sworn and testified. After hearing the evidence and arguments of counsel, the jury was duly instructed by the Court and the cause was submitted to the jury with directions to return a verdict on special issues. The jury deliberated and thereafter returned into court with its verdict consisting of the special issues submitted to the jury and the answers given thereto by the jury, which said verdict was in words and figures as follows as to each of the respective claims. With respect to Plaintiffs claim for breach of contract, the jury found that defendant Jerry Irvine breached a contract with each of the Plaintiffs and that each plaintiff was damaged in the respective amounts as follows for the breach of contract: Franklin Kosdon in the amount of $1,3 00.00, Brian Teeling in the amount of $1,399.84, Bob P. Kloss in the amount of $400.00, and John Lee in the amount of $3,500.00. With respect to Plaintiffs claim for conversion, the jury found that Jerry Irvine interfered with the money and profits of Powertech as to each of the Plaintiffs; that a portion and share of the money and profits of Powertech interfered with by defendant Jerry Irvine, was a portion and share which was owned, due or should have been fairly distributed to each of the Plaintiffs; that defendant Jerry Irvine took the money and profits of Powertech exclusively for himself without sharing it with his partners, and without sharing it each of the Plaintiffs; that the interference by defendant Jerry Irvine was a substantial interference as to each of the Plaintiffs; the interference by Jerry Irvine with the money and profits of Powertech was an intentional interference as to each of the Plaintiffs; that the damages suffered as a result of defendant Jerry KosdonVjudgment Irvine's interference with the money and profits of Powertech were such that the interference was a substantial factor in causing such damages as to each of the Plaintiffs; and that the amount of the damages caused by defendant Jerry Irvine's conversion of money and profits of Powertech as to each of the Plaintiffs was respectively as follows: as to Franklin Kosdon, in the amount of $4,847.50; as to Brian Teeling, in the amount of $4,847.50; as to Bob P. Kloss, in the amount of $4,847.50; and, as to John Lee, in the amount of $9695.00. With respect to Plaintiffs claim for fraud and deceit, it was stipulated and agreed that as to each of the Plaintiffs, that cause of action would proceed on the basis of false promise as opposed to misrepresentation, and the jury found that defendant Jerry Irvine made a promise as to a material matter to each of the Plaintiffs; that at the time that defendant Jerry Irvine made the promise, that Defendant Jerry Irvine did not intend to perform it as to each of the Plaintiffs; that the Defendant made the promise with an intent to defraud each of the Plaintiffs; that each of the Plaintiffs, at the time each Plaintiff acted, was not aware of the Defendant's intention not to perform the promise; that each of the Plaintiffs acted in reliance upon the promise made to them; that each of the Plaintiffs was reasonably justified in relying upon the promise by the Defendant; and that Defendant's promise did cause damage to each of the Plaintiffs; and, that at the point in time that the promise was made as to each Plaintiff and their reliance, no dollar amount of damages had been suffered. With respect to Plaintiffs claim for punitive damages, the jury found that Jerry Irvine was guilty of fraud, malice and KosdonXjudgment ~ .3

oppression by clear and convincing as to each of the Plaintiffs on the tort causes of action, and determined to award punitive damages against Defendant Jerry Irvine in favor of each Plaintiff as follows: as to Franklin Kosdon, in the amount of $2,000.00; as to Brian Teeling, in the amount of $2,000.00; as to Bob P. Kloss, in the amount of $2,000.00; and, as to John Lee, in the amount of $2,000.00. With respect to Cross-Complainant Jerry Irvine's claim for breach of contract, the jury found that no Cross-Defendant breached their contract with Jerry Irvine. With respect to Cross-Complainant Jerry Irvine's claim for conversion, the jury found that no Cross- Defendant converted property belonging to Jerry Irvine. With respect to Cross-Complainant's claim of Unfair Competition, Cross-complainant dismissed said cause of action during trial. With respect to the accounting issues and the partnership personal property, the Court found that the items were of negligible value, and determined that those items currently in the possession of Brian Teeling, John Lee, and Bob Kloss, be returned to Jerry Irvine at such time that Jerry Irvine satisfies the Judgment made herein. As to Franklin Kosdon, it was determined that an arson fire had destroyed those items that had been in his possession and that Franklin Kosdon was absolved of any obligation to return such items. The court further diminished the award in favor of Franklin Kosdon on the breach of contract cause of action to zero and reduced the damages on the conversion cause of action down to $2,847.50 by virtue of the prior small claims judgment obtained by Franklin Kosdon against Jerry Irvine. It appearing by reason of said special verdicts that: Plaintiff, Franklin Kosdon, is entitled to judgment against Kosdon\judgment ~f» ~~ Defendant, Jerry Irvine, in the amount of $ 4,847.50. 1

2 It appearing by reason of said special verdicts that: Plaintiff, Bob P. Kloss, is entitled to judgment against Defendant, 3 Jerry Irvine, in the amount of $ 7,247.50. It appearing by reason of said special verdicts that: Plaintiff, Brian Teeling, is entitled to judgment against Defendant, Jerry Irvine, in the amount of $ 8,247.34. It appearing by reason of said special verdicts that: Plaintiff, John Lee, is entitled to judgment against Defendant, Jerry Irvine, in the amount of $ 15,195.00. It appearing by reason of said special verdicts that: Cross-Defendants are entitled to Judgment in their favor against Cross-Complainant, Jerry Irvine, and therefore that said Cross- Complainant take nothing by way of his cross-complainant. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED: That Plaintiff Franklin Kosdon have judgment, against Defendant Jerry Irvine, and Jerry Irvine, d.b.a. U.S. Rockets, for breach of contract reduced to zero, and for conversion in the amount of $2,847.50, and punitive damages on the conversion in the amount of $2,000.00, for a total judgment in the sum of $4,847.50. That Plaintiff Bob P. Kloss have judgment, against Defendant Jerry Irvine, and Jerry Irvine, d.b.a. U.S. Rockets, for breach of contract in the amount of $400.00, and for conversion in the amount of $4,847.50, and punitive damages on the conversion in the amount of $2,000.00, for a total judgment in the sum of $ 7,247.50. That Plaintiff Bob P. Kloss have judgment, against Defendant Jerry Irvine, and Jerry Irvine, d.b.a. U.S. Rockets, for Kosdon\(udgment

breach of contract in the amount of $400.00, and for conversion in the amount of $4,847.50, and punitive damages on the conversion in the amount of $2,000.00, for a total judgment in the sum of $7,247.50. That Plaintiff Brian Teeling have judgment, against Defendant Jerry Irvine, and Jerry Irvine, d.b.a. U.S. Rockets, for breach of contract in the amount of $1,399.84, and for conversion in the amount of $4,847.50, and punitive damages on the conversion in the amount of $2,000.00, for a total judgment in the sum -of $8,247.34. That Plaintiff John Lee have judgment, against Defendant Jerry Irvine, and Jerry Irvine, d.b.a. U.S. Rockets, for breach of contract in the amount of $3,500.00, and for conversion in the amount of $9695.00, and punitive damages on the conversion in the amount of $2,000.00, for a total judgment in the sum of $ 15,195.00. That Cross-defendants Brian Teeling, John Lee and Bob P. Kloss have judgment in their favor as and against Cross-complainant Jerry Irvine. Further that Cross-complainant Jerry Irvine take nothing by way of his cross-complaint. It is further ordered and decreed that at such time Defendant Jerry Irvine pays the judgments as set forth above, Brian Teeling, Bob Kloss and John Lee shall return to Jerry Irvine the partnership assets currently in their possession and control. Dated: Honorable Burt Henson, Judge of the Superior Court Kosdonjudgment

In other words, you're saying that if you sent an inert material like a plastic hybrid grain to them, described it (accurately) as a "rocket propellant", and requested "explosives classification", they might test it and say "oh, that stuff is perfectly safe: go ahead and ship it as class 1.4"...?

-dave w

Look, I'm asking for a plain statement, in your own words, of what your claimed grievance was in the first place, not hundreds of lines of boilerplate quoted from what the lawyers spewed later.

Is that such an alien concept to your shriveled soul?

-dave w

:)

Exactly. It is for a "pyrotechnic purpose" is it not?

See I told you so.

GFL

Do you have My judgement?

If you mean, people are more concious and restrictive of their alcahol intake, I agree.

Even though I agree with you in principle, in this case and for public safety, the end justifies the means.

Obviously DOT takes exception..

I believe it can be done, if enough documentation is presented. Unfortunately only larger companies that have capital and resources, could realistically absorb the cost.

Fred

This should be in the Fred Wallace FAQ.

Jerry

You keep posting "a judgement" over and over.

Nor are they mine. But the belief that you can condemn a behavior and yet not be for the criminalization of that behavior is against most peoples ability to grasp...

P

PLONK.

To Brian Teeling aka Dave Grayvis:

And that is part of the problem, no? I don't think you should be doing whatever it is you are doing, so let's make it illegal.

For the children.

Yes for the children, but not for any particular children we can point to.

And the minute they are old enough to "try as an adult" (about 15-16) we will put those self-same children in jail as fast as possible.

Jerry