Actually, some fines for traffic infractions in California are in the $800-$1,000 range.
From the Los Angeles Times
The increase is the latest in a string of fee increases statewide and in Los Angeles, as governments turn to motorists to pay more amid budget problems. Last year, the state increased the fines for traffic tickets and used the proceeds to help renovate courthouses. The changes included a $35 surcharge on traffic tickets.
"We have so many different fees tacked on to traffic tickets and many tickets are in the $400 range now," Auto Club of Southern California spokeswoman Marie Montgomery said. "They should be paying a fine because they broke the law but it's just a question of how disproportionate this is on drivers versus other taxpayers."
Another law taking effect Saturday opened the door to a potential revenue stream for cities: allowing local agencies to install cameras on street sweepers to catch parking violators.
Assemblyman Steve Bradford (D-Gardena), who wrote the bill, said in a statement that it "is vital to keeping our waterways clean" and that ticketing more cars that block street sweepers will help.
Operators of the street sweepers won't actually issue tickets to violators. Rather, cameras on the vehicles would capture the date and time of a violation and cities would mail citations, similar to the way red-light camera tickets are issued.
Bradford said the photo tickets would "remove personnel from potentially volatile confrontations when issuing citations and allow local parking enforcement officers to focus time and efforts on more pertinent matters."
The Fairbank Report...(如意報告)
**NB: Signed articles represent the opinions of the respective
authors and do not necessarily reflect the views of THE FAIRBANK REPORT/RUYI BAOGAO (如 意 報 告).
07 January 2011
06 January 2011
Restore the Great Qing ("大清") Dynasty!
This year marks the centennial anniversary of the overthrow of the Qing Dynasty, China's last imperial household.
We say, "Restore the Qing Dynasty and Empire."
05 January 2011
kangaroo kourt: comatose teen given jay-walking ticket in Sin City
AGAIN, A FISCALLY AND MORALLY BANKRUPT GOVERNMENT COMMITS SHAKEDOWN AGAINST CITIZENS. UNBELIEVABLE. AMERIKKKA, AMERIKKKA.
http://www.8newsnow.com/story/13789869/teen-in-a-coma-after-accident-cited-for-jaywalking
LAS VEGAS -- A 13-year-old girl is recovering after being hit by a car. The accident happened Tuesday afternoon and the girl's mother says she is in a medically induced coma. But while at the hospital, her mother was given a ticket because her daughter was jaywalking.
The accident happened at Durango and Rochelle. Takara Davis was walking home from school when she was hit. Police won't speak about the case, saying it's an ongoing investigation, but witnesses say the teen was lagging behind friends when she was crossing the street.
"Every time they come in, they say that the bleeding hasn't stopped on the brain. She's got no feeling or movement on her left side at all," said the Davis' mother Kellie Obong.
Davis is an 8th grader at Lawrence Junior High School, which is only a few blocks away from where the accident took place. Davis was issued a jaywalking citation. It was handed to her mother at the hospital.
"He said, 'Takara was jaywalking. She has got to go to court on March 6th,'" said Obong. "If she was jaywalking, then she was jaywalking. But maybe you give it to me at a later time. Don't give it to me when they are rushing her into the operating room."
A spokesperson for the Metropolitan Police Department issued a statement about how the citation was issued, saying, "Our officers conduct themselves in a professional and compassionate way. We wouldn't do anything deliberately insensitive."
Davis' mother says her daughter's jaywalking ticket is the least of her worries. For now, she is remaining by her daughter's side waiting for her to show any signs of improvement.
04 January 2011
kangaroo kourt: when govt is desperate, they will seize assets any way they can
Even for California, this is a desperately crazy verdict.
What's next? Seizure of private properties a la Marxist governments? At least, the Marxists did it in the name of the people. California is doing in the name of the bureaucrats' exhorbitant pensions...
From the Los Angeles Met News
C.A. Rejects Claim of Mistake, Upholds $500,000 Tax Penalty
By SHERRI M. OKAMOTO, Staff Writer
The Fifth District Court of Appeal yesterday upheld the imposition of a half-million dollar real estate tax delinquency penalty against a company which had accidentally mailed its payment to the wrong place.
In an opinion by Justice Jennifer R.S. Detjen, the panel concluded that the alleged mistake by ZC Real Estate Tax Solutions Limited did not warrant relief under Revenue and Taxation Code Sec. 4985.2.
The statute provides that a penalty resulting from failure to make a timely real estate tax payment may be canceled if the failure “is due to reasonable cause and circumstances beyond the taxpayer’s control, and occurred notwithstanding the exercise of ordinary care in the absence of willful neglect.”
ZC sought cancellation of the $5,510,118.76 penalty assessed against it by the Office of the Treasurer and Tax Collector of Stanislaus County in 2008.
Company Explains
The company, which contracts with mortgage lenders to pay the property taxes the lenders have collected from mortgagees and held in escrow, alleged that it had received eight checks from five clients payable to Stanislaus County, covering the semiannual installment of property taxes for more than 4,400 properties in that county in December 2008.
An employee then placed the checks, totaling $5,510,118.76, along with a computer disc containing supporting information required by the county, into a Federal Express mailing envelope addressed to the City and County of San Francisco Office of the Treasurer and Tax Collector.
Federal Express delivered the envelope, as addressed, and the San Francisco treasurer’s office deposited the checks into its own bank accounts. San Francisco officials notified ZC Real Estate that they had received and deposited the checks on Dec. 12.
That same day, ZC attempted to send a wire transfer of $5,510,118.76 to Stanislaus County, but the payment was rejected on the basis the taxes were delinquent after Dec. 10, a statutory penalty of 10 percent of the delinquency had attached, and the wire transfer did not include this penalty amount.
Penalty Paid
ZC eventually obtained a return of the money it had erroneously paid to San Francisco and paid it to Stanislaus, along with the delinquency penalty.
The company later applied for a refund of the penalty, which the county denied. Stanislaus Superior Court Judge William A. Mayhew declined to issue a writ forcing the county to issue the refund.
Detjen noted the existence of only one case interpreting Sec. 4985.2, People ex rel. Strumpfer v. Westoaks Investment #27 (2006) 139 Cal.App.4th 1038, which rejected a “balancing of equities” approach to canceling delinquency penalties.
Based on the “Legislature’s longstanding use of the specific, multipart test set forth in the statute and the Strumpfer court’s rejection of a generalized equitable standard for relief,” Detjen reasoned that Sec. 4985.2 does not permit a court to grant relief from a penalty when a taxpayer has made an “innocent or trivial” mistake that caused the delinquency.
She noted that “[i]t is appealing to describe a $551,011.88 penalty as an unfair windfall to the county,” but reasoned “a $100 penalty on an individual taxpayer’s $1000 tax installment would not readily be characterized in the same way, even though both penalties might result from placing the tax check in the wrong envelope.”
‘Ordinary Care’
But, Detjen posited the standard for “ordinary care” and “reasonable” action by a taxpayer “are appropriately elevated when the amount at stake is not a $1000 tax installment but is, instead, a $5.5 million installment on behalf of 4,400 taxpayers” being tendered by “a professional office providing tax payment services for and on behalf of thousands of individuals.” The justice opined that “ordinary care” in such a situation, “must include a recognition of the stakes involved.”
On the record before the court, Detjen concluded ZC had not demonstrated the level of “ordinary care” required in the circumstances presented, noting that the company did not appear to have implemented any sort of quality-control procedures to minimize errors such as the one it claimed to have made.
Justices Dennis A. Cornell and Brad R. Hill joined Detjen in her decision.
The case is ZC Real Estate Tax Solutions Limited v. Ford, F059443.
What's next? Seizure of private properties a la Marxist governments? At least, the Marxists did it in the name of the people. California is doing in the name of the bureaucrats' exhorbitant pensions...
From the Los Angeles Met News
C.A. Rejects Claim of Mistake, Upholds $500,000 Tax Penalty
By SHERRI M. OKAMOTO, Staff Writer
The Fifth District Court of Appeal yesterday upheld the imposition of a half-million dollar real estate tax delinquency penalty against a company which had accidentally mailed its payment to the wrong place.
In an opinion by Justice Jennifer R.S. Detjen, the panel concluded that the alleged mistake by ZC Real Estate Tax Solutions Limited did not warrant relief under Revenue and Taxation Code Sec. 4985.2.
The statute provides that a penalty resulting from failure to make a timely real estate tax payment may be canceled if the failure “is due to reasonable cause and circumstances beyond the taxpayer’s control, and occurred notwithstanding the exercise of ordinary care in the absence of willful neglect.”
ZC sought cancellation of the $5,510,118.76 penalty assessed against it by the Office of the Treasurer and Tax Collector of Stanislaus County in 2008.
Company Explains
The company, which contracts with mortgage lenders to pay the property taxes the lenders have collected from mortgagees and held in escrow, alleged that it had received eight checks from five clients payable to Stanislaus County, covering the semiannual installment of property taxes for more than 4,400 properties in that county in December 2008.
An employee then placed the checks, totaling $5,510,118.76, along with a computer disc containing supporting information required by the county, into a Federal Express mailing envelope addressed to the City and County of San Francisco Office of the Treasurer and Tax Collector.
Federal Express delivered the envelope, as addressed, and the San Francisco treasurer’s office deposited the checks into its own bank accounts. San Francisco officials notified ZC Real Estate that they had received and deposited the checks on Dec. 12.
That same day, ZC attempted to send a wire transfer of $5,510,118.76 to Stanislaus County, but the payment was rejected on the basis the taxes were delinquent after Dec. 10, a statutory penalty of 10 percent of the delinquency had attached, and the wire transfer did not include this penalty amount.
Penalty Paid
ZC eventually obtained a return of the money it had erroneously paid to San Francisco and paid it to Stanislaus, along with the delinquency penalty.
The company later applied for a refund of the penalty, which the county denied. Stanislaus Superior Court Judge William A. Mayhew declined to issue a writ forcing the county to issue the refund.
Detjen noted the existence of only one case interpreting Sec. 4985.2, People ex rel. Strumpfer v. Westoaks Investment #27 (2006) 139 Cal.App.4th 1038, which rejected a “balancing of equities” approach to canceling delinquency penalties.
Based on the “Legislature’s longstanding use of the specific, multipart test set forth in the statute and the Strumpfer court’s rejection of a generalized equitable standard for relief,” Detjen reasoned that Sec. 4985.2 does not permit a court to grant relief from a penalty when a taxpayer has made an “innocent or trivial” mistake that caused the delinquency.
She noted that “[i]t is appealing to describe a $551,011.88 penalty as an unfair windfall to the county,” but reasoned “a $100 penalty on an individual taxpayer’s $1000 tax installment would not readily be characterized in the same way, even though both penalties might result from placing the tax check in the wrong envelope.”
‘Ordinary Care’
But, Detjen posited the standard for “ordinary care” and “reasonable” action by a taxpayer “are appropriately elevated when the amount at stake is not a $1000 tax installment but is, instead, a $5.5 million installment on behalf of 4,400 taxpayers” being tendered by “a professional office providing tax payment services for and on behalf of thousands of individuals.” The justice opined that “ordinary care” in such a situation, “must include a recognition of the stakes involved.”
On the record before the court, Detjen concluded ZC had not demonstrated the level of “ordinary care” required in the circumstances presented, noting that the company did not appear to have implemented any sort of quality-control procedures to minimize errors such as the one it claimed to have made.
Justices Dennis A. Cornell and Brad R. Hill joined Detjen in her decision.
The case is ZC Real Estate Tax Solutions Limited v. Ford, F059443.
02 January 2011
the fairbank report ...如意報告...Ruyi Baogao
In this new year, The Fairbank Report adds a Chinese corollary to its name. See above.
Since about 50 percent of our stories and commentaries relate to China and the Far East, it is appropriate to add a Chinese corollary name (Ruyi Baogao or the Scepter Report).
The Fairbank Report remains the official title of this blog.
Let us know what you think of this change.
Thank you,
The Fairbank Report's Editorial Board.
Since about 50 percent of our stories and commentaries relate to China and the Far East, it is appropriate to add a Chinese corollary name (Ruyi Baogao or the Scepter Report).
The Fairbank Report remains the official title of this blog.
Let us know what you think of this change.
Thank you,
The Fairbank Report's Editorial Board.
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