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February 2001 Newsletter
California Supreme Court Upholds Appellate Ruling
The Aas Case and Construction Defects Litigation
A Superior Court judge in San Diego in one of the popular construction defects cases in 1994, ultimately ruled that simply because there was an apparent violation of the building code, if I there was no personal or property damage, no redress (money) could be expected or would be allowed.
This decision was a mighty blow to the “as usual” routines of trial lawyers whose war rooms developed code violations on virtually all aspects of construction. Naturally this was appealed. The Appellate Court after due deliberation upheld the Superior Court decision. More heresy. The case was taken to the California Supreme Court for a final decision. After a couple of years’ sitting on it, the Supreme Court announced its decision about two months ago. The California Supreme Court upheld the appellate court.
San Jose Attorney NICK PASTORE of Campbell, Warburton, Fitzsimmons et al, a defense lawyer in defects litigations for several years, will outline the nature of the decision and what it means in terms of defects lawsuits.
Comment Gathered from here and there
IT IS NOT THE CRITIC who counts, not the man who points out how the strong man stumbles or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood, who strives valiantly, who errs and comes up short again and again because there is no effort without error and shortcomings, who knows the great devotion, who spends himself in a worthy cause, who at the best knows in the end the high achievement of triumph and who at worst, if he fails while daring greatly, knows his place shall never be with those timid and cold souls who know neither victory not defeat. Theodore Roosevelt (1858-1919), 26th U.S. President
... If you are patient in one moment of anger, you will escape a hundred days of sorrow. - Chinese Proverb.
Nothing in the world can take the place of persistence. Talent will not; nothing is more common than unsuccessful men with talent. Genius will not; unrewarded genius is almost a proverb. Education will not; the world is full of educated derelicts. Persistence and determination alone are omnipotent. My slogan “press on” has solved and always will solve the problems of the human race. Calvin Coolidge (1872-1933), 30th U.S. President
Asked which of his works he would select as his masterpiece, architect Frank Lloyd Wright at the age of 83, replied, “My next one.”
... Fat chance and slim chance mean the same thing.
... The amount of sleep required by the average person is about five minutes more.
A candle loses nothing by lighting another candle. Father James Keller, Founder, The Christophers
Where Do These People Come From?
You’re seated in a quiet waiting room listening to a report on TV. Suddenly the ambience is broken by a loud ugly voice. You look to see what’s happening and it’s some doofus on his cell phone, talking at about 50 decibels greater than necessary.
This guy immediately makes himself disliked because he talks as if he’s a speaker at a convention. To further annoy everyone, he prances around with his cell phone stuck on the side of his head, oblivious of anyone nearby.
This happened to the writer recently and it was frustrating. Not only that, the guy was a fat, short, ugly creature who portrayed the description, "trailer trash."
Finally, he ended his monologue and the writer applauded. The caller didn’t know what to make of it at first, but he acted as if he had gotten the message. Because soon he was dialing some other poor soul and this time he walked out of the waiting room.
Reminds of the time the writer went to a camera store and waited, waited, and waited for the preceding customer to finish her business with the clerk. She finally did, and before the writer could move on to be waited on, some woman moved in to take his place as the next customer.
She was advised that the writer was next. She didn’t like that, but relented. She said something mean and nasty and the writer said, “I never argue with old ladies and children.” She went wild!
Here’s Your 2001 Info Kit for Engineers Club Activity
It’s what can be called “one whale of a lot of work.”
This month you get a lot of mail. Here’s what is in the Information Kit. And it’s early enough for anyone. This month’s program is a really important one.
• An 8-page Dope Sheet.
• A brochure about the Engineers Week Banquet on Friday, February 23, 2001.
• An application for membership in the club for someone you think should be a member. We’ve had requests for applications but “nobody never has none.” That is now cured with publication of a brand new (in color) updated brochure that tells all about Engineers Club and includes an application form. This is a result of persistence by President Joe Cassisi.
• An information sheet about you for the new club membership directory (the Roster). Please fill it out and return it promptly. You can see we have a lot more work to do. We need your assistance.
• A 2001 Dues Statement. Be sure to check the Information form to determine your classification. Life members are not obligated to pay anything. Senior members are $20 per year while Regular members are the usual $40.
• An addressed envelope to get your dues and information sheet back to the club so we can proceed. (We were going to say “self-addressed” but we never heard of an envelope addressing itself.)
The absolute deadline is Wednesday, February 28,2001
2001 will be an excellent year for Engineers Club with your support and attendance. The club will do its best to get notices out at least a week. ahead of the meeting date. It is going to shape up as the way things should be done.
Meeting Attendance Increases Steadily
It is extremely gratifying to observe the marked increase in attendance at club meetings. Before the move to Harry’s Hofbrau, we were lucky to have a dozen members present. Now we are in the 30 attendees.
The new location and a run of good programs are credited with the interest being shown. We anticipate that some meetings in the near future will have more than 50 attending.
Story of a Loser
The late Earl Nightingale, writer and publisher of inspirational and motivational material, once told a story about a boy named Sparky. For Sparky, school was all but impossible. He failed every subject in the eighth grade. He flunked physics in high school, getting a grade of zero.
Sparky also flunked Latin, algebra, and English. He didn’t do much better in sports. Although he did manage to make the school’s golf team, he promptly lost the only important match of the season. There was a consolation match; he lost that too.
Throughout his youth, Sparky was awkward socially. He was not actually disliked by the other students; no one cared that much. He was astonished if a classmate ever said hello to him outside of school hours.
There’s no way to tell how he might have done at dating. Sparky never once asked a girl to go out in high school. He was too afraid of being turned down.
Sparky was a loser. He, his classmates, everyone knew it. So he rolled with it. Sparky had made up his mind early in life that if things were meant to work out, they would. Otherwise he would content himself with what appeared to be his inevitable mediocrity.
However, one thing was important to Sparky – drawing. He was proud of his artwork. Of course, no one else appreciated it. In his senior year of high school, he submitted some cartoons to the editors of the yearbook. The cartoons were turned down. Despite this particular rejection, Sparky was so convinced of his ability that he decided to become a professional artist.
After completing high school, he wrote a letter to Wait Disney Studios. He was told to send some samples of his artwork, and the subject for a cartoon was suggested. Sparky drew the proposed cartoon. He spent a great deal of time on it and on all the other drawings he submitted. Finally, the reply came from Disney Studios. He had been rejected once again. Another loss for the loser
So Sparky decided to write his own autobiography in cartoons. He described his childhood self - a little boy loser and chronic underachiever. The cartoon character would soon become famous worldwide.
For Sparky, the boy who had such lack of success in school and whose work was rejected again and again, was Charles Schulz. He created the “Peanuts” comic strip and the little cartoon character whose kite would never fly and who never succeeded in kicking a football - Charlie Brown.
(Thanks to “Bits & Pieces”)
Jack Going To Relocate In Cajun Country
An Engineers Club of San Jose icon Jack Going is heading southeast to Cajun country in Louisiana. Jack sent this letter to club president, Joe Cassisi.
“My wife, Audrey, and I will be moving from Santa Clara Valley to Lafayette, Louisiana, about May 1, 2001. Consequently, at that date or perhaps sooner whenever a replacement is named, I will resign as a Director of the Club.
My full retirement and move have been difficult decisions. With much prayer along with help and advice from family and friends, we know our decision to relocate is the right one.
I am sure we will return regularly and it is “tough” to leave all the great friends in the Club and in our community. My membership in the Engineers Club dates back to the summer of 1949 - WOW!
Maybe a bulletin can be sent to me periodically. My good wishes to all.
/s/ Sincerely, E. Jackson Going, Jr.”
You Are Invited To The Engineers Week Party
The enclosed flyer from SVEC (Silicon Valley Engineering Council) has on its reverse side the reservation form for Engineers Week Banquet. It also has an agenda with the event scheduled to start at 5:30 and end at 9:15 p.m. Feb. 23.
You owe it to yourself to attend one of these occasions and the one this year should qualify. Please let Dick Blackburn know if you want to attend. His phone number is 248-7765.
Spasmodic Elections Due To Choose New Officers
Uncertainty the past two years has caused a degree of havoc in that we don’t know who is going to remain a member of the club and who is not. It’s critical that we have a new membership directory, popularly called a Roster.
That’s one of the things we are trying to accomplish with this month’s mailing. Please complete the form that asks for this information.
While it’s not that bad, the club is proceeding with its selection of those who will contribute a modicum of extra time to various offices and directorships. It’s this group that endeavors to guide the club forward.
This year marks the 73rd anniversary of the club’s founding. That means it’s been around longer than most of its members. We want to keep it alive and well, so if you can do your part it will be of real value to all members.
Our Speaker on February 22 Meeting
NICHOLAS PASTORE, ESQ, was born in Auburn NY. He is a principal of Campbell, Warburton, Fitzsimmons, Smith, Mendell & Pastore, one of the oldest law firms in San Jose.
Nick received his B.A. from Stanford in 1979, and in 1982 received his J.D. degree at Santa Clara University. He was admitted to the bar the same year.
Nick is a defense lawyer and is reported to be a good golfer. Nick also just attended a conference at which the San Diego judge in the Aas case was the speaker.
It Seems A Lot Of People Are Doing It!
Using poor grammar, that is. For the record: There is no such word as "important-ly."
But listen to some of the most erudite commentators on radio and TV and you’ll hear this abomination regularly. Maybe their failure to learn English in grade or high schools, or college, has caught up with them.
The people who should know better will make up a blue book of those who most should set the example of good English. They ignore their charge and persist in use of “more importantly” or "most importantly.” Are they dunderheads? Of course they are!
So next time you hear “important-ly” think of the first word that enters your mind. Anything can be important. Some things can be more important, and others can be most important. But none is "more (or most) importantly.” Not ever.
A Winning Hand! For Whom?
From San Jose Mercury News article, “BART to S.J. Might be More Expensive”
The three counties that founded the Bay Area Rapid Transit System want Santa Clara couny to begin paying its fair share. The Contra Costa Transportation Authority will consider asking the Silicon Valley county to begin paying its share of operating, maintenance and upgrade costs.
The San Francisco Authority and and Alameda County Congestion Management Agency are expected to follow suit. It’s the latest step in arduous negotiations between Santa Clara county and its BART neighbors over a proposed $4 billion line from Fremont to downtown San Jose.
The plan calls for Santa Clara county to pitch in approximately $50 to $60 per capita for ongoing operating costs, the equivalent, of what Contra Alameda and San Francisco county residents pay in and property taxes.
Santa Clara county would also be required to pay for all impacts of the extension of the existing system that could include added fare gates, elevators, parking, and track capacity.
The principals also point out Contra Costa, Alameda and San Francisco counties will not support a San Jose extension unless bay area leaders adopt a regional rail plan acceptable throughout the region, iincluding Livermore and Antioch.
Despite nearly $3 billion from new sales taxes in Alameda and Santa Clara counties, and state surplus dollars, the project is an estimated $750 million to $850 million short.
Most expect the state to go after federal money earmarked for new rail projects.
January’s Meeting
despite heavy rains, attracted almost 30 to hear Prof Mark Ardema of Santa Clara University who gave a splendid program on the John Montgomery gliders, precursors of the aviation industry. His talk was enhanced with overhead projections that showed important aspects of the presentation.
It was gratifying to see some of the former regulars at Harry’s Hofbrau where food is good and economical. The club is fortunate to have had the skill of President Joe Cassisi in “persuading” Harry’s Hofbrau management to allow ECSCV meetings in the large private room.
The next major event in club business is election of officers and any new directors needed. Unfortunately, Vice President Bill LoConte will not be able to fill the top spot because he is moving to Brentwood, up near Antioch. If you don’t know where these places are, they are east of Walnut Creek. Bill has bought a new home there and will be leaving the San Jose scene.
So several members are on the prowl for candidates for officers and directors. Maybe it’s a good spot for that hackneyed phrase – “you can run, but you can’t hide.”
Programs are getting better and better. The February program should attract at least 50. March features the perennial topic of “BART for San Jose.” (Whoever heard of light rail in a cow town?) In April we hope to have a program by a firm that lays huge pipelines using its repertoire of heavy equipment, and know-how of experienced engineers.)
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