The ABC Smoke Shop was visible from the other side of Market Street in Southeast San Diego, where City Attorney Mike Aguirre announced the conviction of the owners, Joandark Kassab and her son Steve Kassab, on 23 counts of selling drug paraphernalia. The conviction is the result of a two-year investigation and the seizure of 600 meth and crack pipes. The pair faces up to 10 years in prison, Aguirre said.
The conviction comes after Aguirre’s November letters to head shop owners (as first reported by CityBeat) warning them to stop selling anything that could be classified as drug paraphernalia under California law. Today’s announcement marks the first victory in his attempt to clean up the city’s head shops.
Technically, California defines drug paraphernalia as nearly anything that could be used to consume drugs, notably including long glass bongs. But in November Aguirre tried to clarify the letter, saying he was only going after materials used to smoke “hard” drugs like crack cocaine or meth amphetamines, rather than marijuana. Today he continued to draw that distinction, referring to how he was going after shops “selling paraphernalia for these hard drugs.” He also pointed out that many of the shops receiving letters had stopped selling meth pipes voluntarily.
Makini Hammond, who heads up the team enforcing the paraphernalia rules for Aguirre, said she had opted to focus on the meth-pipe sellers in part because those are the owners juries will convict.
“The counts we lost were the scales and the baggies,” she said.
California juries, she said, won’t convict people for selling marijuana paraphernalia. Voter-approved Prop. 215 makes it legal for anyone with a doctor’s recommendation to possess certain amounts of marijuana in California.
Aguirre elaborated his policy of focusing on the hard-drug paraphernalia in an interview.
“There’s a sea of violations out there. Just because we focus on the most acute doesn’t necessarily mean we celebrate the other violators,” he said.
Hammond also said the City Attorney’s office is considering other legal remedies for nailing smoke shops, including working with the U.S. Attorney to bring charges in federal court (federal drug laws are much harsher than California’s) and bringing civil actions for having unlawful business practices.
Dr. Cleo Malone, who runs the local non-profit Palavra Tree, spoke at the press conference.
“I have a 9-year-old at my teen center who’s strung out on high-power marijuana,” he said.
He told me later that he draws little distinction between different kinds of drugs, and he looks forward to closing down all the head shops in San Diego.
The owners of ABC weren’t anywhere to be seen, and their shop was closed. A clerk for Mr. D’s deli videotaped the proceedings from his side of the street. He said he was connected to the shop, but that it wasn’t his.
A photo shot through the glass door of ABC.
April 18, 2008 - 9:42 am at 9:42 am
Hi,
After having received threats from both Makini Hammond and the City Attorney Mike Aguirre today on April 17, 2008, at approximately 9:30 a.m. as result of this lawsuit, the circumstances strongly suggest that the defendants’ attacks were responsible for these harassing conducts. They demonstrate the violent reaction some based on these and other recent experiences, there is ample reason to believe that identities of witnesses, family members, employees, and other personnel, and other details predictably arising in their depositions, would give rise to similar threats, harassment, and violence.
There is therefore ample basis for a restraining order and a protective order. It is an unfair and fraudulent business practice by the City of San Diego to sign a contractual agreement with ABC Smoke Shop, Inc. (i.e. Authorizing ABC Smoke Shop, Inc.) license to sell and not allow the company to conduct business as required in the Agreement (i.e. License).
Additionally, I believe that ABC Smoke Shop Incorporated is being targeted as opposed to the other several hundreds of Smoke Shops, Head Shops, Tobacco Shops, Hardware Stores, and Community Convenient Stores in the County of San Diego is do to the current lawsuit filed against the City of San Diego for Discrimination and for Racial Profiling.
Regards,
Steve Kassab
SEE PICTURES BELOW:
City Attorney Mike Aguirre and his television crew are harassing our businesses and our customers.
City Attorney Mike Aguirre is taking unauthorized pictures of the businesses. He is sending people into the business who refuse to leave. One of the Camera Crew told me that I should “call the Police, I don’t care.”
April 19, 2008 - 11:41 am at 11:41 am
It would be easier to take this article seriously if it weren’t for over a dozen glaring typos – do junior high students write this stuff?
April 19, 2008 - 6:18 pm at 6:18 pm
Oh, man, as one who was around to vote “Yes On Prop 13″ this is such a mixed up pile of stuff. Aguirre is the only reasonable hope we have as progressives, and whatever he feels compelled to do at this point in time about head shops… I don’t care. What is worse? Being controlled over what you inhale, shoot up, or ingest, or being screwed six ways from Sunday by a crooked Republican machine that models itself on something akin to facism and sees the destruction of government as an end game? Drink wine and hope for better days. It is getting darker and darker.
April 19, 2008 - 6:31 pm at 6:31 pm
Oops. Too much wine: meant to say voted yes and still have the huge poster for Prop 19: “Yes on 19″
April 21, 2008 - 10:08 am at 10:08 am
It’s inspiring that the Kassab family is willing to stand up and fight against this blatant harassment. Since father George was first convicted of selling crack smoking paraphernalia back in 2002 to the conviction of Steve for selling “brown bag” crack smoking kits in that same year, until Steve was again arrested in ‘05 for selling hundreds of meth and crack pipes to this year when Steve and his mother Joandark were arrested, the Kassab family has valiantly fought for their freedom to profit from their contribution to the San Diego tradition of getting really f**ked up on crack and meth. So I say thank you, Kassab family, for standing up to the anti-crack fascists and God bless you for supplying San Diego with the tools it needs to stay f**ked up on crack. I’m sure all of San Diego will agree that you have been unfairly singled out and will rally behind your cause, since we have all seen the positive effects your efforts have had on the communities in which you conduct business. And by the way, if you need any crack smoking paraphernalia while you’re in jail, I’d like to help out, but I regret to say that I am not as courageous as you and am not personally ready to sacrifice my own freedom to deliver it to you – after all, distribution of crack smoking paraphernalia in san Diego is ILLEGAL. But I will bring you guys some glazed donuts, if the guards will let me. Best of luck to you, Kassab family. May all your decisions in the future be guided by the twin virtues of righteousness and the promotion of
crack smoking.
April 21, 2008 - 2:01 pm at 2:01 pm
JS: No, college-edumacated folks are writing this stuff, but sometimes they’re juggling phone calls and other reporting duties while trying to get a story up on this here blog. The errors, all minor, have been fixed, but thanks for being attentive. Also, the original post said that marijuana has been decriminalized in California. That’s incorrect (nice try, Eric—dream on. Kidding). It’s only legal, in limited amounts, for people with a doctor’s recommendation.
April 21, 2008 - 9:21 pm at 9:21 pm
Yeah, Aguirre is annoying, but even more annoying are know-it-all dickheads like J.S. who focus on minor grammar errors, knowing full well they are typos and not the writer’s lack of grammar/spelling skills, and that finding and editing out typos are actions that require time and energy, something these contributors have precious little of, because they are juggling all kinds of work, and contributing to this blog for free, thereby delivering to your office information and entertainment for free!
But fuck us right?! We made a grammatical error so we must suck.
And don’t bother complaining about my runon sentence. I put it in there to bug you.
April 24, 2008 - 5:19 pm at 5:19 pm
Steve you are the stinkiest most arrogant liquor store owner in the world. I go into your place and its smells like your stinky armpits. Well I am glad you got the shaft…there is nothing like watching you signal your customers in after you do a quick look around and let them into your “smoke shop”. After they buy their oil burners and paper roses they can buy a 12 pack of your old beer that you bought off of some diverter and then buy some of your bootleg smokes. Well I guess you won’t be allowed to sell paper roses in glass tubes anymore-darn those things were classy. Who in the hell would want to use such a pretty thing to smoke crack out of. Damn…I also am going to miss your oil burners-they were so practical. Why by a candle bowl oil burner when I can by one of yours. BTW who would use those to smoke meth? Those are oil burners aren’t they?
Your a disgrace to every decent hardworking Arab-American.
You racist asshole-why don’t you go sell your crack pipes in the Arab communities of El Cajon. Oh no you wouldn’t do that- you just want to sell your pipes to Mexicans and Blacks.
Later you pig- I hope you get it good in jail
April 30, 2008 - 7:08 pm at 7:08 pm
Justice is served,
You are quite informed about this, I’m not being sarcastic, I had no idea what an ‘oil burner’ or ‘paper rose’ was before hearing about this trial. While your tone sounds pissed off, what you write is the most accurate. On top of that, it’s interesting he drags his mother into this, after his father was convicted back in 2002! Maybe he has a sister he can bring down next time.
June 18, 2008 - 11:19 pm at 11:19 pm
Steve Kassab, his mother Joandark and his father George got what they deserve. The whole family is a bunch of criminals. They are illegal immigrants They won’t stop breaking the laws. Steve’s brother Mazin Aka Mike Kassab is in a Federal Detention Center in Buffalo New York for major crimes involving drugs, weapons, and trying to leave the country illegally. These people are the trash of San Diego and should be deported for all their crimes. They give Arabs and Chaldeans in San Diego a bad name. They will stop at nothing to cheat people and keep breaking the laws. I think San Diego should get rid of all of them and have them behind bars for a long time. The whole family is shady. The Lard ass Steve who smells like a sewer thinks he knows it all and acts like he is someone important when he is nothing but a high school drop out.
JUSTICE IS SERVED…..
July 7, 2008 - 8:50 pm at 8:50 pm
I heard that he got 30 months in jail of which should have been more. But what I don’t understand is how the mom who was more involved didn’t get any jail time. They just sentenced her to 5 years probation. They should have sentenced her to at least 2 years in jail. They should definately look into that cause she should be in jail as well as the father cause they were all doing it.
July 14, 2008 - 1:43 am at 1:43 am
This is for Arab Buster. You are very cruel and don’t need to research the entire Kassab family. You are very wrong about who the Kassab’s are here in San Diego. They are very hard working people and work hard to make a living. This family is not selling drugs, they just are selling the pipes that are used to do drugs. It is not there fault that there are people out there who make decisons to use these pipes to do crack. It is just like saying, why do stores sell rolling papers. Rolling papers are used to smoke joints, right? Pot is a drug. There are many tobacco stores that are selling these same items and many other things, so why don’t you go investigate those families. I think arab buster can go get a life and focus on his/her life. Don’t worry about the Kassab family. They are good people and havn’t hurt anyone, if they do hurt anyone, it is themselves. So go get a life all of those who are against them. Whoever talks negatively about the Kassab’s, they are jealous and need to get a life. You are just trying to bring down good hard working people.
July 14, 2008 - 2:43 am at 2:43 am
And another thing, if this family is selling crack pipes and making good money from it, why are they working 18 hour days trying to make a living. I don’t think it is fair that you are trying to make this family look bad. I think you are a bad person, that is why you are trying to make others look like you. By the way, Steve is not staying in jail, he will be getting out this week. So, go find another family you can try to ashame.
July 18, 2008 - 10:04 am at 10:04 am
MS, Americana or whatever your name is. You are obviously related to the lard ass aka steve kassab lol
I suggest you read up on what he did and see how he was violating every law here in California for running an illegal business. These people are criminals and I think their punishment wasn’t enough. They should be prosecuted by the Federal government because the laws are much harsher. OH and BY THE WAY they were selling Meth, crack pipes and crack and not rolling papers. READ THIS PEOPLE THEY ARE A BUNCH OF CRIMINALS. and for the record THE LARD ASS WHO REEKS IS IN JAIL OR 3 years POSSIBLY MORE LOOK IT UP or call the California Prosecutors office. Here is some news for all of you
————————————————————-
In July 2006, Steve Kassab was arrested for selling meth and narcotic paraphernalia and a search warrant was executed resulting in the seizure of over 600 methamphetamine and rock cocaine pipes.
While awaiting trial on these charges, the ABC Smoke Shop continued to illegally sell narcotics paraphernalia even after DART sent a formal “Cease and Desist” letter to Joandark Kassab in March 2006.
On December 19, 2007, Steve Kassab was again arrested for selling narcotic pipes as part of an extensive undercover operation conducted by the San Diego Police Department which targeted smoke shops throughout the city.
The ABC Smoke Shop located at 4101 Market Street has been the focus of community anger since its initial opening in July 2005. At that time, a rally was held to protest the sales of narcotic paraphernalia from this establishment.
HOPE THEY GET IT GOOD IN JAIL
July 18, 2008 - 10:10 am at 10:10 am
Oh and one more thing Americana aka loser You obviously do not know the laws and are very ignorant because selling drugs is illegal and YES it is HARMING PEOPLE and Killing people have you seen the number of people who are dying from drugs. YOU NEED TO GET A LIFE AND STOP thinking Criminals who run a drug shop work 19 hours a day because they are hard working. It is because they are greedy criminals who think they will never get caught. These crooks have a ton of cash from their illegal activities but looks like all that cash won’t get them out of prision now. so once again you get a life you are probally related to them LOL
July 18, 2008 - 11:11 pm at 11:11 pm
I am so sorry to say Arab Buster, but it sounds like you are a very rude human being and havn’t been taught any manners while you were growing up. This is not your fault, but your parents, too bad. I think your aka is loser, so why don’t you give it up and stop harrassing people. For your information I infact know these people and they are more decent than you are because they don’t put others down like the way you are doing. It definetly sounds like you have something personal against them. You are so dumb and obviously don’t know the laws of owning a business. Let me educate you; Mr. D’s Liquor has a alcoholic Beverage License and also a Tobacco and Firearms license from the State of California, ALL LIQUOR STORES HAVE THESE LICENSES IN ORDER TO OPERATE AND BE OPEN FOR BUSINESS. This store has been around for several decades. Once they got a fine for selling the pipes, they stopped selling them at the store and opened the ABC smoke shop adjacent to the store. By having a tobacco license, selling the crack pipes are LEGAL. Go check out other smoke shops and you will see that most shops sell these items. NOW WHATEVER THE CONSUMER BUYS IT FOR AND HOWEVER THEY USE THEM IS THE RESPONSIBILTY OF THE CONSUMER. Therefore, if they were operating a drup shop, like the way you are describing it, this store would have been closed a long time ago. Yes, I do agree that drugs are illegal and do harm people and kill them unfortunetly, but so do many other things in our lives. The foods we eat cause many different kinds of cancer, but don’t we still eat them? Cigarrettes cause lung cancer, but how many people smoke? I think you are mistaken about this family and how they operate their business. They are NOT selling drugs, never have, and never will. They are good people, who are in fact working hard to make an average living. They are very humble and simple people. Look at the cars they drive. Pass by the store and see what is parked out front. If they were greedy, they would be driving fancy cars and dress like a million bucks, right? And how do you know they have tons of cash? It sounds like you know them more than I do. Your presumptions about who I am are far from being right. I am just someone who observes while in the store how hard this family struggles to make a hard earned dollar. Go check out the other local stores in the area who are selling these crack pipes, and harrass them too while your at it. It looks like you have nothing better to do. But, if you had some morals and respect, you would focus on bigger things in life, rather than trying to make others look bad. YOU ARE THE CRIMINAL, SO DON’T TRY MAKING OTHERS LIKE YOU, LOL.
July 18, 2008 - 11:13 pm at 11:13 pm
CHECK THIS OUT, ARAB BUSTER, STEVE IS OUT FREE AND WILL NOT SERVE TIME ANY MORE. HA. HA, HA, EAT YOUR HEART OUT, BUDDY…..
July 19, 2008 - 2:50 am at 2:50 am
The City Attorney Office is abusing their authority and they are trying to convict storeowners of Middle Eastern origin who are licensed by the City of San Diego of selling and possessing (tobacco) paraphernalia. They claim that smoke shop products are illegal.
These are scary tactics, which are designed to deceive and intimidate businesses. This prejudicial and Bias attitude by the San Diego Police Department and the City Attorneys’ Office is clearly a violation of our Constitutional Rights i.e. Due Process of Law. Abuse of the system by City Attorney and the police officers is common, which undermines the integrity of the system as a whole. Abuse and corruption of the system reduces the effectiveness of the process.
We would direct your attention to H&S 11364.7. (a) The first sentence states, “Except as authorized by law.” Certainly having a license issued by the City of San Diego is authorization or “Authorized by law.” Also, that section defines drug paraphernalia. Property seized must be “marketed for use” or designed for use as drug paraphernalia. Property seized was neither. All property seized has a legal, not prohibited use. The fact that persons may misuse the merchandise does not change the character of the items. Gun sellers are not responsible for robberies committed by their patrons. General Motors is not responsible if someone takes a car and goes racing. The fact is the sales of the items seized are not against the law. Furthermore, THE LAW in that same Health and Safety Code states the legal challenges against this particular count is that fact that the corporation is licensed (i.e. except when authorized by law). SEE H&S 11364.7(a).
Looking forward.
Sincerely,
Steve & Joandark Kassab, Plaintiff
Ps. There will be no discounts this time (See Case No. Super. Ct.GIC848888; GIC849184 (Consolidated)).
We are sending you a copy of the ORDER FOLLOWING EARLY NEUTRAL EVALUATION CONFERENCE, SETTING RULE 26 COMPLIANCE AND NOTICE OF CASE MANAGEMENT CONFERENCE, STEVE KASSAB AND JOANDARK KASASB COMPLAINTS filed in Federal Court. Read over the case and let us know if you can help.These Civil Rights Cases are in Federal Court Cases No. 07cv1071; Case No.07cv1299. If you can, please let us know how you would like to proceed by calling us at 619-312-5902.
Steve Kassab
4101 Market Street,
San Diego, CA. 92102.
Telephone number: (619) 312-5902
Attorney for Plaintiff
STEVE KASSAB, In Pro Per
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF CALIFORNIA
STEVE KASSAB,
Plaintiff,
V.
SAN DIEGO Police Department, a municipal Corporation; CITY OF SAN DIEGO, a municipal corporation; CITY ATTORNEY’S OFFICE, a municipal corporation; Officer JOHN BAILEY I.D.3026, an individual; Sergeant PARGA I.D. 2781, an individual; Detective CATHERINE MILLET I.D. 4984, an individual; Officer NEEDHAM I.D. 5359, an individual; Officer S. SKINNER I.D. 5019, an individual; Detective L. STEWARD I.D. 4681, an individual; Detective JOHN DAVIS I.D. 4616, an individual; Officer RUBEN HERNANDEZ I.D.5056, an individual; Sergeant ALBERTO LEOS I.D.5060, an individual; Lieutenant BRIAN BLAGG I.D.3756, an individual; Officer L. Collon I.D. 5915, an individual; Officer A. Scott ID 6029, an individual; officer Leffler ID 6176, an individual; Sergeant Jeff Pace I.D. 3825, an individual; Investigator Robert Hawkins I.D.5029, an individual; Officer Javier Nunez I.D. 5247, an individual; Officer Rubio I.D. 4906, an individual; Officer Newquist I.D. 5215, an individual; Officer Beamesderfer I.D. 4713, an individual; Sergeant Ray Stachnik I.D. 5029, an individual; Detective Derrough I.D. 5161 an individual; and DOES 1 through 100, inclusive,
Defendants. )
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))))))))))))))))))))))))))))))))))))) Case No.: 07 cv1071
1st AMENDED CIVIL COMPLAINT FOR DAMAGES DUE TO:
(1) CALIFORNIA CIVIL RIGHTS VIOLATION — CAL CIVIL CODE SECTION 51 ET SEQ.
(2) FALSE ARREST AND FALSE IMPRISONMENT IN VIOLATION OF 42 USC 1983
(3) ASSAULT/THREAT, & INTIMIDATION/ RETALIATION IN VIOLATION OF 42 USC 1983
(4) INTENTIONAL INFLICTIONS
OF EMOTIONAL DISTRESS
(5) IN VIOLATION OF
42 U.S.C. SECTION 1983
EXCESSIVE FORCE &
BATTERY/ABUSE
OF AUTHORITY
Courtroom: 4
Hon: William Q. Hayes
Action Filed: June 12, 2007
Trial: Not Set
JURY TRIAL HEREBY DEMANDED
COMES NOW, Plaintiff STEVE KASSAB alleges and complains:
I.
GENERAL ALLEGATIONS
1. Venue of this lawsuit is proper in the UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA, County of San Diego, because defendant SAN DIEGO POLICE DEPARTMENT, defendant City Attorney’s Office and defendant CITY OF SAN DIEGO are public corporations duly incorporated under the laws of the State of California to conduct business and were conducting business in San Diego County, California. Additionally, the individual defendants JOHN BAILEY, PARGA, CATHERINE MILLET, NEEDHAM, S. SKINNER, L. STEWARD, JOHN DAVIS, RUBEN HERNANDEZ, L. COLLON, A. SCOTT, LEFFLER, JEFF PACE, ROBERT HAWKINS, JAVIER NUNEZ, RUBIO, NEWQUIST, BEAMESDERFER, DETECTIVE DERROUGH, AND RAY STACHNIK are individuals that reside within San Diego County, California. Furthermore, the incident giving rise to the personal and property injuries suffered herein occurred in San Diego County, California and the personal and property injuries were sustained in San Diego County, California.
2. At all times relevant to this complaint, Plaintiff, STEVE KASSAB (hereinafter “Plaintiff KASSAB”) was a resident of San Diego County, California.
3. At all times relevant hereto, Defendant, SAN DIEGO POLICE DEPARTMENT (hereinafter called “SDPD”), was a public corporation duly incorporated under the laws of the State of California to conduct business and was conducting business in San Diego, County, California.
4. At all times relevant hereto, Defendant, CITY OF SAN DIEGO, was a public corporation duly incorporated under the laws of the State of California to conduct business and was conducting business in San Diego, County, California.
5. At all times relevant hereto, Defendant, CITY ATTORNEY’S OFFICE, was a public corporation duly incorporated under the laws of the State of California to conduct business and was conducting business in San Diego, County, California.
6. At all times relevant hereto, defendant JOHN BAILEY (hereinafter “Defendant OFFICER BAILEY” who defaulted on another Case No. Super. Ct.GIC848888; GIC849184 (Consolidated) on August 31, 2005) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California. Moreover, this defendant immediately ignores all the orders and resumes his breaches and unethical acts.
7. At all times relevant hereto, defendant PARGA (hereinafter “Defendant OFFICER PARGA”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
8. At all times relevant hereto, defendant CATHERINE MILLET, (hereinafter “Defendant OFFICER MILLET”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
9. At all times relevant hereto, defendant NEEDHAM, (hereinafter “Defendant OFFICER NEEDHAM”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
10. At all times relevant hereto, defendant S. SKINNER, (hereinafter “Defendant OFFICER SKINNER”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
11. At all times relevant hereto, defendant L. STEWARD, (hereinafter “Defendant DETECTIVE STEWARD”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
12. At all times relevant hereto, defendant JOHN DAVIS, (hereinafter “Defendant DETECTIVE DAVIS”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
13. At all times relevant hereto, defendant RUBEN HERNANDEZ, (hereinafter “Defendant OFFICER HERNANDEZ”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
14. At all times relevant hereto, defendant BRIAN BLAGG (hereinafter “Defendant LIEUTENANT BLAGG”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
15. At all times relevant hereto, defendant ALBERTO LEOS (hereinafter “Defendant Sergeant LEOS”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
16. At all times relevant hereto, defendant L. COLLON (hereinafter “Defendant OFFICER COLLON”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
17. At all times relevant hereto, defendant A. SCOTT (hereinafter “Defendant OFFICER SCOTT”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
18. At all times relevant hereto, defendant LEFFLER (hereinafter “Defendant OFFICER LEFFLER”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
19. At all times relevant hereto, defendant JEFF PACE (hereinafter “Defendant OFFICER PACE”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
20. At all times relevant hereto, defendant ROBERT HAWKINS (hereinafter “Defendant INVESTIGATOR HAWKINS”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
21. At all times relevant hereto, defendant JAVIER NUNEZ (hereinafter “Defendant OFFICER NUNEZ”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
22. At all times relevant hereto, defendant RUBIO (hereinafter “Defendant OFFICER RUBIO”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
23. At all times relevant hereto, defendant NEWQUIST (hereinafter “Defendant OFFICER NEWQUIST”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
24. At all times relevant hereto, defendant BEAMESDERFER (hereinafter “Defendant OFFICER BEAMESDERFER”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
25. At all times relevant hereto, defendant DERROUGH (hereinafter “Defendant DETECTIVE DERROUGH”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
26. At all times relevant hereto, defendant RAY STACHNIK (hereinafter “Defendant SERGEANT STACHNIK”) was employed by defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO as a police officer working in San Diego County, California.
27. As a public corporation, defendant SAN DIEGO POLICE DEPARTMENT employed individuals and agents in such matters as were included as part of their regular business and is responsible for the acts and/or omissions, negligence, intentional or otherwise, performed by these individuals and/or agents.
28. As a public corporation, defendant City Of SAN DIEGO employed individuals and agents in such matters as were included as part of their regular business and is responsible for the acts and/or omissions, negligence, intentional or otherwise, performed by these individuals and/or agents.
29. Plaintiff KASSAB is truly ignorant of the names and capacities of DOES 1 through 100, inclusive, and the facts giving rise to their liability. Therefore, these individuals have been sued fictitiously. Plaintiff KASSAB will amend his complaint to add the names of these DOE defendants once their true identities have been ascertained as well as the facts giving rise to their liability.
30. Plaintiff KASSAB is informed and believes, and thereon alleges, that at all times herein mentioned, each of the defendants, including DOES 1 through 100, inclusive, were the agents, servants, or employees of each other and of the other named defendants and were acting at all times within the full course and scope of their agency and employment, with the full knowledge and consent, either expressed or implied, of their principal and/or employer and each of the named defendants, and each of the defendants has approved or ratified the actions of the other defendants.
31. The nature of the relief sought by plaintiff in this matter is such that the UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA, in and for the County of San Diego, has jurisdiction over the parties and the subject matter. Plaintiff KASSAB has exhausted administrative remedies by, in part, timely filing an administrative claim, which was rejected by the CITY OF SAN DIEGO Risk Management on January 24, 2007.
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II.
FACTS
Plaintiff KASSAB hereby realleges paragraph 1 through 30 and
incorporates the same by reference herein as if these paragraphs were fully set forth herein.
32. Plaintiff KASSAB is an Arab American male residing and doing business in San Diego, County, California. Mr. KASSAB was working as the manager of MR. D’s Liquor & Deli located at 4101 Market Street, San Diego, CA. 92102.
33. Mr. Kassab had just received a Judgment against SDPD on Monday, July 10, 2006 for discrimination, excessive force, assault, discriminatory harassment, intentional false arrests, unlawful stops, searches or arrests, retaliation for filing a complaint with office of professional standards – internal affairs unit and intentional fabrication of evidence resulting in a loss of liberty.
34. Mr. Kassab sued various officers for misconduct. That case was settled a short time before the search warrant here was served. The city agreed to pay Mr. Kassab a substantial sum. Payment was to be made about a week after the warrant was served. That case was handled by Deputy City Attorney Eugene P. Gordon. It is a known fact that officers are not pleased when their employer pays individuals to settle misconduct charges.
35. On July 13, 2006 search warrant #33263 was for ABC Smoke Shop and served on Steve Kassab. The officer seized the inventory (non contraband items) of a legitimate business that is licensed by the city to engage in the trade Mr. Kassab pursued. Furthermore, The City of San Diego issued licensing for the corporation and the merchandize are taxable products- Tax ID. He was arrested, and bailed out with an appearance date of August 24, 2006.
36. Mr. Kassab was booked into jail on a case the rest of the city would have been cited on. Surveillance Cameras at the store location were intentionally disabled and money in the register was seized. The search warrant in this case is pure retaliation. This sequence of events is at the least unflattering to the City Attorney.
37. On August 24, 2006, DANIEL C. LOUGH, Attorney at Law from the WALLIN & KLARICH firm was retained to appear on Plaintiff KASSAB’S behalf. At the arraignment no pleas were entered. However, legal fees were incurred, valuable time was wasted, and “no charges were filed.”
38. San Diego Police has yet to return the money from the ABC Smoke Shop Incorporation (i.e. mail, cash register money.) They also need to compensate the corporation for the merchandise that was broken intentionally and carelessly.
39. There were several witnesses that would testify against the SDPD officers who left Plaintiff hand-cuffed in the back seat of the police car cruiser for over (4) hours. Plaintiff was in the San Diego Police car and then in the San Diego police-parking garage with the windows in the police cruiser tightly rolled up.
40. Plaintiff suffered from heat stroke (115 Degrees Temperature) and had difficulty breathing. At that time a female officer driving another car came into the parking garage. Plaintiff Kassab yelled to get her attention. The female officer asked where the officers were that brought him in. He told her they were inside laughing and drinking water and sodas to make Plaintiff more uncomfortable.
41. The female officer went back to the police station and thereafter, the SDPD officers came out and said to Plaintiff, “are you going to cooperate now and sign the papers?” Even worse, Plaintiff was kidnapped from his place of business and was never Mirandized.
42. All persons within the State of California have the right to be free from any violence, or intimidation by threat of violence, committed against them because of their race, color, ancestry and/or national origin. This right is guaranteed by the Unruh Civil Rights Act codified at California Civil Code section 51, et. seq.
43. Due to the violation of the SDPD Officers Plaintiff suffered economic and non-economic damages, including but not limited to, emotional distress, pain and suffering, fear and humiliation caused by the acts of these SDPD Officers. He also experienced pain and suffering when he was hand-cuffed and put in the police car and required to sit there for approximately (4) four hours in a neglected state.
44. Plaintiff Kassab has a right under the United States Constitution to be free from unlawful and unreasonable search and seizure and in violation of due process in violation of 42 USC 1983 by arresting Plaintiff Kassab under color of state law without probable cause and under circumstances which would have led any other reasonable officer under the same circumstances to believe that no probable cause existed to arrest Plaintiff and not allowing him to make a phone call (i.e. cell phone was unlawfully seized.)
45. The conduct by these SDPD Officers also amounts to oppression, fraud or malice within the meaning of Civil Code Section 3204, justifying the award of exemplary damages against the SDPD.
46. On or about July 13, 2006, at about 2:00 p.m. Defendants Officer CATHERINE MILLET, Officer RUBEN HERNANDEZ, and Officer S. SKINNER approached Mr. KASSAB and began initiating an interrogation.
47. Mr. KASSAB is an Arab American who was working as the security of Mr. D’s Liquor & Deli. Mr. KASSAB was patrolling the parameters of Mr. D’s Liquor & Deli as done on a regular basis. After Mr. KASSAB completed his patrol, he proceeded to the front entrance of the establishment.
48. At that time the officers made several false statements and Defendant Officer Ruben Rodriguez threatened to charge Plaintiff with assault and battery on an officer by saying, that Plaintiff Kassab had “scratched my arm” even though Plaintiff was nearly three feet away from defendant and had already been handcuffed, when no such contact had taken place. In addition to shutting down the business without any legal document or authority this was another reason why Mr. KASSAB’S Civil and Constitutional Rights were violated again.
49. Furthermore, there has been no response or any findings to Mr. KASSAB’S complaint lodged with the Internal Affairs Department since July 14, 2006.
50. At the time of this event from start to finish it costs Mr. KASSAB considerable loss of revenue. He was also emotionally traumatized, considerably harassed, and the incident defamed his character. Even worse, these officer more than inconvenienced Plaintiff Kassab, they invaded his privacy, falsely arrested him, and falsely imprisoned him.
51. The Surveillance Video Tapes of Mr. D’s Liquor & Deli shows the officers/officials are committing perjury, and fabricating evidence. They even lied to uniformed officers. However, those same officers shut off those tapes.
52. On July 12, 2006, do to retaliatory harassment by the City of San Diego and the City Attorney’s Office began illegally wiretapping Plaintiff’s Kassab cellphone causing invasion of privacy. Where defendants listened in on conversations, to the point of affecting Plaintiff’s KASSAB’S emotional and physical health.
53. The City of San Diego and The City Attorney’s Office are violating Plaintiffs’ Civil Rights as well as “Penal Code Section 631.
(a) Any person who, by means of any machine, instrument, or contrivance, or in any other manner, intentionally taps, or makes any unauthorized connection, whether physically, electrically, acoustically, inductively, or otherwise, with any telegraph or telephone wire, line, cable, or instrument, including the wire, line, cable, or instrument of any internal telephonic communication system, or who willfully and without the consent of all parties to the communication, or in any unauthorized manner, reads, or attempts to read, or to learn the contents or meaning of any message, report, or communication while the same is in transit or passing over any wire, line, or cable, or is being sent from, or received at any place within this state; or who uses, or attempts to use, in any manner, or for any purpose, or to communicate in any way, any information so obtained, or who aids, agrees with, employs, or conspires with any person or persons to unlawfully do, or permit, or cause to be done any of the acts or things mentioned above in this section, is punishable by a fine not exceeding two thousand five hundred dollars ($2,500), or by imprisonment in the county jail not exceeding one year, or by imprisonment in the state prison, or by both a fine and imprisonment in the county jail or in the state prison. If the person has previously been convicted of a violation of this section or Section 632, 632.5, 632.6, 632.7, or 636, he or she is punishable by a fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the county jail not exceeding one year, or by imprisonment in the state prison, or by both a fine and imprisonment in the county jail or in the state prison.”
54. On Friday, November 16, 2007, at approximately 12:00 p.m. Plaintiff was approached by two San Diego Police Officers, Officer L. Collon Badge Number 5915 (who had previously unlawfully demanded to see my surveillance videos on October 8, 2007) and Officer A. Scott Badge Number 6029. They informed him that someone had complained about rock throwing and had pointed a gun at people outside.
55. At that point plaintiff’s father who had just arrived informed them that no such incident occurred and if they needed to view the surveillance videos that they are more than welcomed to do so to verify that it’s untrue.
56. Officer A. Scott told Plaintiff’s (67) sixty seven years old father who was five (5′) feet away “don’t touch me” and then without warring and without any provocation he hand cuffed Plaintiff’s father who has a prior medical condition and has suffered a minor stroke.
57. Plaintiff I proceeded to dial 911 to request for assistance. When he did that, they immediately took the handcuffs off his father. When the third San Diego officer Leffler Badge 6176 came to the scene he refused to take Plaintiff’s complaint against his fellow officers.
58. Officer A. Scott then threatened Plaintiff that if he had just one complaint against him that he would come back and arrest him (NO COMPLAINT WAS EVER FILED).
59. An investigator Robert Hawkins informed Plaintiff that he would refer him to Sergeant Pace who won’t be in until Monday November 19, 2007. It has since passed that and Plaintiff still has not received any calls back or responses. It wasn’t until December 13, 2007, that Sergeant Pace met with plaintiff at Mr. D’s Liquor to apologize for his behavior and fellow officers’ misconducts. The reason he neglected to call plaintiff was that he was “playing golf.” Furthermore, he did acknowledge that there were several police misconducts that occurred and that he promised to give plaintiff a letter of apology “in writing” (no letter of apology was ever provided).
60. On Friday December 19, 2007, at approximately 12:45 p.m. One female cop and three undercover officers approached plaintiff. They asked plaintiff if he sells “oil burners” to which plaintiff replied with, “we sell all kinds of oil burners from the ABC Smoke Shop and which one do you want?” They replied, “We want the illegal kind.” At that point plaintiff replied with, “We do not sell the illegal oil burners because we do not have a license to sell those.”
61. The undercover officers then asked if plaintiff had a key and wanted to be allowed to go into ABC Smoke Shop, Inc. to see for themselves, to which plaintiff stated that if they do not have a court order he was not going allow them to do any illegal and unwarranted searches.
62. At that point, plaintiff asked if he was under arrest or being detained. The undercover officers said yes but could not give a reason why he was being placed under arrest. They told him to come with us and then they put handcuffs on plaintiff, unlawfully searched him, unlawfully detained him, and falsely arrested him.
63. The undercover officers then went into the office and behind the cash register without permission or authority and took plaintiffs’ gun. A female companion by the name of Sheila Swartout witnessed the whole incident to which she was also harassed. She was illegally detained, illegally body searched, and unlawfully questioned. At that point they told her to wait outside.
64. They informed everyone to leave the business establishment and placed the plaintiff in the police car approximately three (3) hours while they obtained a search warrant signed by Judge Julia Craig Kelety. If they had “probable cause” they would have obtained a search warrant at the time of the false arrest. Even though there is no such thing as misdemeanor search warrant only felony search warrants. They unlawfully confiscated the entire inventory from the ABC Smoke Shop, Inc. by placing them into large boxes and illegally went into Mr. D’s liquor location to illegally seize two video tapes- one from Mr. D’s Liquor surveillance video (a separate corporation and a separate location) and one for ABC Smoke shop surveillance video.
65. Two days before the incident a female undercover officer had come in previously to patronize the smoke shop however, she did not purchase any merchandise because she though it was “too expensive.” Then the following day she came back and did not purchase any thing either which gives no “probable cause” for her to justify the unlawful search and unlawful seizure of the business inventory.
66. After the false arrest, she arrived three (3) hours later. She told Sergeant Ray Stachnik Badge Number #5029 that plaintiff has a key. The officer asked plaintiff if he had the key to open the ABC Smoke Shop door. The plaintiff then exercised his right to remain silent. The undercover officer decided to break the glass door but before they had a chance Mr. George Kassab arrived at the scene and stopped them from doing so by providing a key. Sergeant Ray Stachnik Badge Number #5029 had promised George Kassab that if he provided the key for them they would not take plaintiff to jail. However, plaintiff was still falsely arrested and falsely imprisoned.
67. After several hours pass by, the plaintiff was then taken out from the car and to aggravate him further and cause extreme injury to his wrists they applied another set of handcuffs.
68. The plaintiff was then escorted to the police station where Officer Javier Nunez Badge Number 5247 requested that plaintiff answer questions without the presence of his lawyer. When plaintiff refused to answer questions without the presence of his lawyer officer Nunez became annoyed and irate because he thought that plaintiff was “uncooperative.”
69. Officer Nunez then grabbed the plaintiff by the handcuffs and shoved him into the police car slamming the door on the left knee of the plaintiff causing extreme pain and suffering.
70. Upon booking, the plaintiff requested medical attention for his injured knee. A female officer took several pictures of plaintiffs’ left swelling knee. The medical nurse stated that they were going to give plaintiff painkillers to “ease the pain.” However, the medical staff provided no medical attention to plaintiff because of his national origin being that of Iraqi decent.
71. On January 15, 2008, the Assistant City Attorney Prosecutor Makini Hammond filed a fifth (5) amended complaint (one (1) year and six (6) months later, which should lead to reasonable doubt about the case.
72. On the day of the arraignment Attorney Sinton was retained and appeared on the “terrorist charges” only to find that no charges were filed. There was not a word spoken that indicated Plaintiff supported terrorism.
73. Charges against Plaintiff were dropped on January 18, 2008. The district attorneys office booked plaintiff in county jail Booking No. 08103572A and charged him with PC. 422 on January 15, 2008. They set the bail bond to five hundred thousand dollars and forty-five cents ($500,000.45) because they said it was a “terrorist threat.”
74. Everybody knew plaintiff was innocent. He was unfairly labeled a “terrorist” because he’s of Middle Eastern descent. He feels sad that law-enforcement agencies make terror allegations and dropping the charges without addressing the severe damage to the reputation this has caused him.
75. This is a fraudulent/racist (against Middle Eastern decent defendants) act made using plaintiff in an attempt to implicate him in a racist statement to damage his reputation and/or the business of ABC Smoke Shop, Inc. Defendants committed this act by plotting a “terrorist threat” strategy to allow them to use that evidence as a way to give them an edge over the civil rights case. In addition, the San Diego Police are using these unnecessarily intimidating tactics, which are illegal and unjustified, once that became evident, “Case was rejected by D.A.”
III.
FIRST CAUSE OF ACTION
California Civil Rights Violations- CC 51 ET SEQ.
[Against All Defendants and DOES 1 through 100]
Plaintiff KASSAB hereby realleges paragraph 1 through 75 of this Complaint and incorporate the same by reference as if these paragraphs were fully set forth herein.
76. All persons within the State of California have the right to be free from any violence, or intimidation by threat of violence, committed against them because of their race, color, ancestry and/or national origin. This right is guaranteed by the Unruh Civil Rights Act codified at California Civil Code section 51, et seq.
77. Plaintiff KASSAB right to be free from any violence, or intimidation through the threat of violence, committed against them because of their race, color, ancestry, or national origin, was violated by all defendants because plaintiff KASSAB was falsely accused, detained, frisked and searched for weapons, verbally threatened to leave or be arrested, falsely imprisoned and threatened with mace all because of his race, color, ancestry and/or national origin. Additionally, the Defendants engaged in the unconstitutional practice of stopping and detaining Arab Americans because of their race with the hopes of finding some illegal conduct or arousing other suspicion which the Defendants use to further unconstitutionally detain and/or arrest Arab Americans. Defendant SAN DIEGO POLICE DEPARTMENT, Defendant CITY ATTORNEYS’ OFFICE, and Defendant CITY OF SAN DIEGO are liable for the acts of defendant officers, Defendants JOHN BAILEY, PARGA, CATHERINE MILLET, NEEDHAM, S. SKINNER, L. STEWARD, JOHN DAVIS, RUBEN HERNANDEZ, L. COLLON, A. SCOTT, LEFFLER, JEFF PACE, ROBERT HAWKINS, JAVIER NUNEZ, RUBIO, NEWQUIST, BEAMESDERFER, DERROUGH, AND RAY STACHNIK as those officers were acting within the full force and scope of their employment with the knowledge and consent of defendant SAN DIEGO POLICE DEPARTMENT and defendant CITY OF SAN DIEGO relating to the acts committed and alleged herein.
78. Due to the violation of plaintiff KASSAB’S rights by all defendants, plaintiff KASSAB suffered economic damages, including, but not limited to, loss of business-clients do to constant harassment. Plaintiff KASSAB also suffered non-economic damages, including, but not limited to, emotional distress, pain and suffering, fear and humiliation caused by the acts complained of herein.
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79. Plaintiff KASSAB also seeks a civil penalty of $550,000.00, exemplary damages and attorneys’ fees and costs of suit incurred herein.
IV.
SECOND CAUSE OF ACTION
False Arrest/Imprisonment- Violation of 42 USC 1983
(Against All Defendants And Does 1-100)
Plaintiff KASSAB hereby realleges paragraph 1 through 79 of this Complaint and incorporates the same by reference as if these paragraphs were fully set forth herein.
80. Defendants, including DOES 1 through 100, inclusive, deprived Plaintiff KASSAB of his rights under the United States Constitution to be free from unlawful and unreasonable search and seizure and in violation of due process in violation of 42 USC 1983 by arresting Plaintiff KASSAB under color of state law without probable cause and under circumstances which would leave a reasonable officer under the same circumstances to believe that no probable cause existed to arrest Plaintiff KASSAB.
81. Defendant SAN DIEGO POLICE DEPARTMENT and Defendant CITY OF SAN DIEGO deprived Plaintiff KASSAB of his rights under the United States Constitution to be free from unlawful and unreasonable search and seizures and of due process in violation of 42 USC 1983 by implementing or executing a policy statement, ordinance, regulation, decision, custom or usage that permitted its employees and agents, i.e., Defendant officers defendants JOHN BAILEY, PARGA, CATHERINE MILLET, NEEDHAM, S. SKINNER, L. STEWARD, JOHN DAVIS, RUBEN HERNANDEZ, L. COLLON, A. SCOTT, LEFFLER, JEFF PACE, ROBERT HAWKINS, JAVIER NUNEZ, RUBIO, NEWQUIST, BEAMESDERFER, DERROUGH, AND RAY STACHNIK and the other DOE Defendants, to arrest Plaintiff under these circumstances without probable cause. Additionally, the Defendants engaged in the unconstitutional practice of stopping and detaining Arab Americans because of their race with the hopes of finding some illegal conduct or arousing other suspicion which the Defendants use to further unconstitutionally detain and/or arrest Arab Americans.
82. The conduct alleged herein caused Plaintiff KASSAB to be deprived of his civil rights that is protected under the United States Constitution and in violation of 42 USC 1983 which has also legally, proximately, foreseeably and actually caused Plaintiff KASSAB to suffer emotional distress, pain & suffering, damage to reputation and further damages according to proof at the time of trial.
83. Defendant CITY ATTORNEY’S OFFICE has been inciting a riot and instigating a hate crime. Under 18 USC 1001 which states that: “Whoever, in any matter within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies, conceals or covers up by any trick, scheme, or device a material fact, or makes any false, fictitious or fraudulent statements or representations, or makes or uses any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry, shall be fined under this title or imprisoned not more than five years, or both.”
84. Also 18 USC 242 makes it illegal for a government official to deprive rights under color of law: “Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, . . . shall be fined under this title or imprisoned not more than one year, or both.”
85. In addition, 18 USC 241 makes the participation in a conspiracy to violate someone’s rights a felony: “If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, or District in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; . . . they shall be fined under this title or imprisoned not more than ten years, or both.”
86. The conduct alleged herein also amounts to oppression, fraud or malice within the meaning of Civil Code Section 3294, justifying the award of exemplary damages against all Defendants and DOE DEFENDANTS 1-100 in an amount according to proof at the time of trial in order to deter Defendants from engaging in similar conduct and to make an example by way of monetary punishment.
V.
THIRD CAUSE OF ACTION
Assault/Threat, & Intimidation In Violation of 42 USC 1983
[Against Defendants JOHN BAILEY, PARGA, CATHERINE MILLET, NEEDHAM, S. SKINNER, L. STEWARD, JOHN DAVIS, RUBEN HERNANDEZ, L. COLLON, A. SCOTT, LEFFLER, JEFF PACE, ROBERT HAWKINS, JAVIER NUNEZ, RUBIO, NEWQUIST, BEAMESDERFER, DERROUGH, AND RAY STACHNIK AND SAN DIEGO POLICE DEPARTMENT, CITY ATTORNEYS’ OFFICE
CITY OF SAN DIEGO, AND DOES 1 THROUGH 100, INCLUSIVE]
Plaintiff KASSAB hereby realleges paragraph 1-86 of this Complaint and incorporates the same by reference as if these paragraphs were fully set forth herein.
87. Defendant OFFICER defendants JOHN BAILEY, PARGA, CATHERINE MILLET, NEEDHAM, S. SKINNER, L. STEWARD, JOHN DAVIS, RUBEN HERNANDEZ, L. COLLON, A. SCOTT, LEFFLER, JEFF PACE, ROBERT HAWKINS, JAVIER NUNEZ, RUBIO, NEWQUIST, BEAMESDERFER, DERROUGH, AND RAY STACHNIK deprived Plaintiff KASSAB of his rights under the United States Constitution to be free from unlawful and unreasonable search and seizures in violation of 42 USC 1983 by assaulting/threatening during the arrest and detention and Plaintiff KASSAB under color of state law. Defendants JOHN BAILEY, PARGA, CATHERINE MILLET, NEEDHAM, S. SKINNER, L. STEWARD, JOHN DAVIS, RUBEN HERNANDEZ, L. COLLON, A. SCOTT, LEFFLER, JEFF PACE, ROBERT HAWKINS, JAVIER NUNEZ, RUBIO, NEWQUIST, BEAMESDERFER, DERROUGH, AND RAY STACHNIK assaulted and threatened Plaintiff KASSAB.
88. Defendant SAN DIEGO POLICE DEPARTMENT and CITY OF SAN DIEGO deprived Plaintiff KASSAB of his rights under the United States Constitution to be free from unlawful and unreasonable search and seizures in violation of 42 USC 1983 by implementing of executing a policy statement, ordinance, regulation, decision, custom or usage that permitted its employees and agents, i.e., Defendant OFFICERS JOHN BAILEY, PARGA, CATHERINE MILLET, NEEDHAM, S. SKINNER, L. STEWARD, JOHN DAVIS, RUBEN HERNANDEZ, L. COLLON, A. SCOTT, LEFFLER, JEFF PACE, ROBERT HAWKINS, JAVIER NUNEZ, RUBIO, NEWQUIST, BEAMESDERFER, DERROUGH, AND RAY STACHNIK to use assault/threats of force in the arrest and detention of Plaintiff KASSAB including excessive and unreasonable force in the arrest of Plaintiff KASSAB under color of State law.
89. The conduct alleged herein cause Plaintiff KASSAB to be deprived of his civil rights that is protected under the United States Constitution and in violation of 42 USC 1983 which has also legally, proximately, foreseeably and actually caused Plaintiff KASSAB to suffer emotional distress, pain & suffering and further damages according to proof at the time of trial.
90. The conduct alleged herein also amounts to oppression, fraud or malice within the meaning of Civil Code Section 3249, justifying the award of exemplary damages against Defendant OFFICER defendants JOHN BAILEY, PARGA, CATHERINE MILLET, NEEDHAM, S. SKINNER, L. STEWARD, JOHN DAVIS, RUBEN HERNANDEZ, L. COLLON, A. SCOTT, LEFFLER, JEFF PACE, ROBERT HAWKINS, JAVIER NUNEZ, RUBIO, NEWQUIST, BEAMESDERFER, DERROUGH, AND RAY STACHNIK, SAN DIEGO POLICE DEPARTMENT, CITY OF SAN DIEGO and DOE DEFENDANTS 1-100 in an amount according to proof at the time of trial in order to deter Defendants from engaging in similar conduct and to make an example of them by way of monetary punishment.
VI.
FOURTH CAUSE OF ACTION
Intentional infliction of emotional distress
[Against Defendants JOHN BAILEY, PARGA, CATHERINE MILLET, NEEDHAM, S. SKINNER, L. STEWARD, JOHN DAVIS, RUBEN HERNANDEZ, L. COLLON, A. SCOTT, LEFFLER, JEFF PACE, ROBERT HAWKINS, JAVIER NUNEZ, RUBIO, NEWQUIST, BEAMESDERFER, DERROUGH, AND RAY STACHNIK
AND SAN DIEGO POLICE DEPARTMENT, CITY ATTORNEYS’ OFFICE
CITY OF SAN DIEGO, and DOES 1 through 100, inclusive]
Plaintiff hereby realleges all prior paragraphs of this complaint and incorporates the same herein by this reference as if these paragraphs were fully set forth herein.
91. By engaging in the acts alleged herein, Defendants and DOES 1-100 engaged in outrageous conduct that was intended to cause plaintiff to suffer emotional distress or engaged in the conduct with a reckless disregard probability of causing Plaintiff to suffer emotional distress.
92. Defendants and Does 1-100 violated plaintiff’s rights with an unprovoked assault on Mr. Kassab that served no legitimate law enforcement purpose. Mr. Kassab did not engage in any conduct which would have justified the defendants use of any force, much less substantial force by several officers which caused sever injuries to Mr. Kassab. Said attack was an unlawful stops and detention by the officers without probable cause or reasonable suspicion to believe a crime had been or would be committed and then searched his place of employment and unlawfully seized property.
93. Defendants and DOES 1-100 then arrested Mr. KASSAB and/or assisted in and conspired with each other to have Mr. KASSAB arrested in violation of said constitutional rights. The arrest was without probable cause and was effected even though Mr. KASSAB had committed no crime and no reasonable officer would have believed Mr. KASSAB to have committed any crime. These defendants then had no right search Mr. KASSAB’S Property, yet did so in an additional violation of Mr. KASSAB rights.
94. As a direct, proximate and foreseeable result, Mr. KASSAB suffered severe emotional distress and the outrageous conduct was the cause of the emotional distress suffered by Mr. KASSAB.
95. The conduct of Defendants also amounts to oppressions, fraud or malice within the meaning of civil code section 3294 et seq. and punitive damages should be assessed against each defendant for the purpose of punishment and for the sake of example.
96. At the time of the conduct giving rise to this tort, these defendants were acting within the course and scope of their employment with the CITY OF SAN DIEGO. As such the CITY OF SAN DIEGO is liable for the injuries set forth in this cause of action pursuant to California Government Code Section 815.2(a)
V.
FIFTH CAUSE OF ACTION
IN VIOLATION OF 42 U.S.C. SECTION 1983 EXCESSIVE FORCE AND
BATTERY/ABUSE OF AUTHORITY
(Against All Defendants)
Plaintiff KASSAB hereby realleges paragraph 1 through 96 of this Complaint and incorporates the same by reference as if these paragraphs were fully set forth herein.
97. Defendants, including DOES 1 through 100, inclusive, deprived Plaintiff KASSAB of his rights under the United States Constitution to be free from unlawful and unreasonable search and seizure and in violation of due process in violation of 42 USC 1983 by arresting Plaintiff KASSAB under color of state law without probable cause and under circumstances which would leave a reasonable officer under the same circumstances to believe that no probable cause existed to arrest Plaintiff KASSAB.
98. The San Diego Police Department targeted the Plaintiffs’ businesses and The ABC Smoke Shop, Inc. because of Mr. Kassab’s Iraqi heritage. Of note, many other smoke shops sell the same type of material but Mr. Kassab was specifically targeted. The above mentioned officers of The Department entered the premises and served a search warrant. These actions were conducted in retaliation for a previous lawsuit filed by the plaintiff against the City of San Diego (Case Number GIC848888.) One of the San Diego Police Officers even threaten/assaulted Plaintiff with “Now you’re going to cause trouble with my name, just remember what goes around comes around.” The Internal Affairs Office on Professional Standards SUSTAINED Plaintiff Kassab’s allegations.
Mr. Kassab won a sizable settlement from the City of San Diego, and only one day after the judgment was awarded to Mr. Kassab, the City executed the search warrant and ultimately falsely arrested Mr. Kassab (i.e. License issued by the same City of San Diego) for allegedly violating Section
H&S 11364.7(a). The Officers of the Department targeted Mr. Kassab and the ABC Smoke Shop patrons utilizing fabricated probable cause for illegal stops and abused their authority.
WHEREFORE, Plaintiff KASSAB prays for judgment against defendants, and each of them, as follows:
FIRST CAUSE OF ACTION
1. For General damages, including emotional distress, in an amount to be determined at trial;
2. Special damages according to proof at the time of trial;
3. The $550,000.00 civil penalty set forth in the Unruh Civil Rights Act, California Civil Code Section 52;
4. For Punitive and exemplary damages pursuant to the Unruh Civil Rights Acts, California Civil Code Section 52 and Civil Code Section 3294 in a sum to be decided by this Court and sufficient to deter defendants from such conduct in the future;
5. For Attorney fees and costs;
6. For Costs of suit, and
7. For such other and further relief as the court deems proper.
SECOND CAUSE OF ACTION
1. For General damages, including emotional distress, in an amount to be determined at trial;
2. Special damages according to proof at the time of trial;
3. The $550,000.00 civil penalty set forth in the Unruh Civil Rights Act, California Civil Code Section 52;
4. For Punitive and exemplary damages pursuant to the Unruh Civil Rights Acts, California Civil Code Section 52 and Civil Code Section 3294 in a sum to be decided by this Court and sufficient to deter defendants from such conduct in the future;
5. For Attorney fees and costs;
6. For Costs of suit, and
7. For such other and further relief as the court deems proper.
THIRD CAUSE OF ACTION
1. For General damages, including emotional distress, in an amount to be determined at trial;
2. Special damages according to proof at the time of trial;
3. The $550,000.00 civil penalty set forth in the Unruh Civil Rights Act, California Civil Code Section 52;
4. For Punitive and exemplary damages pursuant to the Unruh Civil Rights Acts, California Civil Code Section 52 and Civil Code Section 3294 in a sum to be decided by this Court and sufficient to deter defendants from such conduct in the future;
5. For Attorney fees and costs;
6. For Costs of suit, and
7. For such other and further relief as the court deems proper.
FOURTH CAUSE OF ACTION
1. For General damages, including emotional distress, in an amount to be determined at trial;
2. Special damages according to proof at the time of trial;
3. The $550,000.00 civil penalty set forth in the Unruh Civil Rights Act, California Civil Code Section 52;
4. For Punitive and exemplary damages pursuant to the Unruh Civil Rights Acts, California Civil Code Section 52 and Civil Code Section 3294 in a sum to be decided by this Court and sufficient to deter defendants from such conduct in the future;
5. For Attorney fees and costs;
6. For Costs of suit, and
7. For such other and further relief as the court deems proper.
FIFTH CAUSE OF ACTION
1. For General damages, including emotional distress, in an amount to be determined at trial;
2. Special damages according to proof at the time of trial;
3. The $550,000.00 civil penalty set forth in the Unruh Civil Rights Act, California Civil Code Section 52;
4. For Punitive and exemplary damages pursuant to the Unruh Civil Rights Acts, California Civil Code Section 52 and Civil Code Section 3294 in a sum to be decided by this Court and sufficient to deter defendants from such conduct in the future;
5. For Attorney fees and costs;
6. For Costs of suit, and
7. For such other and further relief as the court deems proper.
Dated: January 12, 2008 S/STEVE KASSAB,
STEVE KASSAB,
Plaintiff, In Pro Per
VERIFICATION
I, STEVE KASSAB, am the plaintiff in the above-entitled action. I have read the foregoing complaint and know the contents thereof. The same is true of my own knowledge, except as to those matters, which are therein alleged on information and belief, and as to those matters, I believe it to be true.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Dated: January 12, 2008 S/STEVE KASSAB,
STEVE KASSAB,
Plaintiff, In Pro Per
July 19, 2008 - 11:39 am at 11:39 am
LOOKS LIKE YOU ARE A FREQUENT DRUG USER YOURSELF. YEA I HEARD HE IS OUT OF BOND…. FROM ALL THE DRUG MONEY THEY GOT. BUT I KNOW HE WILL BE BACK IN JAIL GO READ THE NEWS OR BETTER YET CALL THE DA’s OFFICE PEOPLE THEY HAVE ALL THE INFO YOU NEED for this case. Americana GO SMOKE SOME MORE METH and CRACK that steve aka stinky sewer is selling you maybe you can supply them when they are in jail since you are so close to them. Here is more news for the those of you who know the laws and are not on the meth that these people are selling. These people will be busted again and again till they do some real hard jail time hopefully witht he feds this time. And OH BY THE WAY Americana AKA LOSER STOP YOUR BS before you get busted for doing crack yourself cause it sure sounds like they are supplying you and you ran out that is why you are having withdrawl symptoms. LOL
July 19, 2008 - 11:44 am at 11:44 am
OUT ON BOND DOESN’T MEAN CLEAN FREE LOL He will be back in prison soon and it will be all over the papers once again people. Just look at the history with violating all the laws. These people are never gonna learn their lesson. They need to do some real hard jail time. LOL the mother and father were also in jail!!!!!!!!!!!!
Does that constitute a good family????? LOL I highly doubt it. Next you will hear that they are all in the same prison cell. Oh and Probation for the mom and dad. LOL Do you think they will continue to sell meth (DRUG), Crack, and crack piples NOW????????
July 19, 2008 - 11:49 am at 11:49 am
Wow this stuff is all you hear about on the news these days. Drugs are drugs people and violators should be fined and put in jail. seems like these people got busted too many times and don’t seem to get it.
July 19, 2008 - 11:52 am at 11:52 am
I am a hard working chaldean and live in the sd area but I do not sell this kind of stuff to make a living. I work hard but I do things legally. I would never sell this stuff in my store cause it is illegal. These people are giving chaldeans a bad name. We are not bad. There are just losers out there who make us look bad. Some of us work hard and follow the laws and break them like this family did. Not all Chaldeans in SD sell drugs. The ones who do often go to jail so before you say all chaldeans are bad go see who is selling these drugs and getting busted. Arab Buster we are not all drug sellers and Americana METH is a DRUG and it is ILLEGAL Just my words. Thank you people
July 19, 2008 - 12:00 pm at 12:00 pm
sorry that was a typo I said we DONT break the laws like this family did.
July 19, 2008 - 12:13 pm at 12:13 pm
Steve you are the stinkiest most arrogant liquor store owner in the world. I go into your place and its smells like your stinky armpits. Well I am glad you got the shaft…there is nothing like watching you signal your customers in after you do a quick look around and let them into your “smoke shop”. After they buy their oil burners and paper roses they can buy a 12 pack of your old beer that you bought off of some diverter and then buy some of your bootleg smokes. Well I guess you won’t be allowed to sell paper roses in glass tubes anymore-darn those things were classy. Who in the hell would want to use such a pretty thing to smoke crack out of. Damn…I also am going to miss your oil burners-they were so practical. Why buy a candle bowl oil burner when I can by one of yours. BTW who would use those to smoke meth? Those are oil burners aren’t they?
Your a disgrace to every decent hardworking Arab-American.
You racist asshole-why don’t you go sell your crack pipes in the Arab communities of El Cajon. Oh no you wouldn’t do that- you just want to sell your pipes to Mexicans and Blacks.
Later you pig- I hope you get it good in jail
July 19, 2008 - 4:15 pm at 4:15 pm
EVERYONE WHERE IS THE CONCEPT OF “INNOCENT UNTIL PROVEN GUILTY.” the true reason Kassab is out is because this case is a clear case of a violation of civil and Constitutional Rights . LET ME KNOW IF YOU WANT A PERSONAL INTERVIEW so you can get your facts straight from the man himself. The City Attorneys’ Office is abusing their authority and they are convicting storeowners of Middle Eastern origin who are licensed by the City of San Diego itself for selling and possessing (tobacco) paraphernalia . Most importantly, read the eight amendment of the constitution. The law prohibits “CRUEL AND UNUSUAL PUNISHMENT.” No one is breaking the law here because H&S 11364.7. (a) The first sentence states, “EXCEPT AS AUTHORIZED BY LAW.” Certainly having a license issued by the City of San Diego is authorization or “AUTHORIZED BY LAW.” The Kassab family not responsible for did not Arab Buster and the San Diego Police who were purchasing tobacco products and modifying the merchandise from their manufactures intent for use and using them to smoke crack (i.e two search warrant issued only came up with tobacco pipes). Furthermore, Arab buster, if you want crack pipes you can get some at SDPD 1401 Broadway, San Diego, CA. 92102 and ask for Detective Catherine Millet. You, her, and the City Attorney can smoke up all you want because they have a license and a badge to sell and smoke crack. However, the Kassab’s family do not and this is why they are VICTIMS OF FRAUD AND INJUSTICE! JUST ASK THEIR COURT APPOINTED “PUBLIC PRETENTERS” MARCI CHIPMAN AND CRAIG LEFF.
I’ll keep you posted as to how much of the tax payers money we will be reimbursed for and don’t be fooled into believing everything you read in the papers.
Steve Kassab
Plaintiff
July 20, 2008 - 8:22 am at 8:22 am
Steve you are the stinkiest most arrogant liquor store owner in the world. I go into your place and its smells like your stinky armpits. Well I am glad you got the shaft…there is nothing like watching you signal your customers in after you do a quick look around and let them into your “smoke shop”. After they buy their oil burners and paper roses they can buy a 12 pack of your old beer that you bought off of some diverter and then buy some of your bootleg smokes. Well I guess you won’t be allowed to sell paper roses in glass tubes anymore-darn those things were classy. Who in the hell would want to use such a pretty thing to smoke crack out of. Damn…I also am going to miss your oil burners-they were so practical. Why buy a candle bowl oil burner when I can by one of yours. BTW who would use those to smoke meth? Those are oil burners aren’t they?
Your a disgrace to every decent hardworking Arab-American.
You racist asshole-why don’t you go sell your crack pipes in the Arab communities of El Cajon. Oh no you wouldn’t do that- you just want to sell your pipes to Mexicans and Blacks.
Later you pig- I hope you go back to jail and get it good this time cause it seems like you didn’t get it good.
P.S.
and you are the Defendent loser not the Plantiff LOL
People contact the Attorneys office they will fill you in on the REAL FACTS not the BS this criminal and loser who is OUT ON BOND IS Stating. HE IS AS GUILTY AS SIN
Oh and LOSER WHY DID YOU HAVE TO HAVE A FREE ATTORNEY couldn’t you have used all the money you made selling drugs to blacks and mexicans to pay for a real attorney.
Later you PIG
Everyone knows the TRUTH…
Hope you rott in jail after all selling DRUGS IS ILLEGAL and there is nothing you can say to me or to the judges that will convience us otherwise.
July 20, 2008 - 8:53 am at 8:53 am
Slowly, yes, but the wheels of justice do grind on drugs
Prosecuting smoke shop owners whose wares are illegal may sound pretty cut and dried, but it isn’t. A case involving sales of paraphernalia for use with methamphetamine and rock cocaine began with charges brought -in 2006 and ended only this week in a sentencing hearing.
It is an instructive example of how slowly the wheels of justice can grind. Local prosecutors pursue cases against smoke shop clerks and owners.
The defendants in this case came to the attention of the City Attorney’s Office when George Kassab and his son, Steve, were arrested and convicted of selling and manufacturing narcotics paraphernalia from the family store known as Mr. D’s Liquor and Deli at 4101 Market St. in the Mount Hope neighborhood. Though both were convicted of misdemeanors, one of the penalties was the suspension of Mr. D’s liquor license for 30 days.
During those 30 days, the Kassabs opened the ABC Smoke Shop adjacent to Mr. D’s. According to public records, George Kassab’s wife, Joandark, owns the smoke shop and their son, Steve, manages it. In 2002, as the result of undercover buys, STEVE WAS ARRESTED was arrested for selling narcotic paraphernalia. With a search warrant, officers seized MORE THAN 600 methamphetamine and rock cocaine pipes. Pipe sales nevertheless continued, despite a follow-up “cease and desist” letter from prosecutors to Joandark Kassab.
In December 2007, STEVE WAS AGAIN ARRESTED for the same offense while awaiting trial on the initial offense.
In April, STEVE KASSAB AND JOANDARK KASSAB WERE CONVICTED BY A JURY OF 23 COUNTS of furnishing and selling meth and crack cocaine pipes. He was SENTENCED TO 30 MONTHS IN JAIL, PLUS FINES AND PENALTIES.
JOANDARK KASSAB WAS SENTENCED TO FIVE YEARS PROBATION, plus fines and penalties.
The MOUNT HOPE NEIGHBORHOOD IS OVERJOYED by the sentences AND BY THE HOPE THAT MR D’S AND THE ABC SMOKE SHOP WILL STAY CLOSED. No wonder: Mr. D’s has had its share of robberies and gunfire. But the ABC Smoke Shop rankled the community from the day it opened. Here are just a few reasons why, courtesy of the Web site of a neighborhood drug rehabilitation program, Palavra, which lists these (and other) “African-American Facts”:
Over 50 percent of youth offenders jailed in 1989 were regular drug users.
Between 1985 and 1990 the death rate of young males increased 34 percent due to drug use.
A young woman is 250 percent more likely to have used crack cocaine
____________________________________________
July 20, 2008 - 9:05 am at 9:05 am
The San Diego Community needs to make sure that these criminals don’t go opening another shop and selling more drugs. Everyone needs to work together to help the DA’s Office close them down for good and take away all their licenses because they don’t seem to get it. (i.e. Having a license to operate a business doesn’t mean OPERATING AN ILLEGAL ONE). Steve just take it like a man and stop acting like a victim. You are in some sort of planet of your own if you think that you will get away with selling drugs forever. Eventually you will do some hard core prison time and will learn your lesson. We will all follow this case and see where you are in a few months. Just my wisdom
July 20, 2008 - 9:47 am at 9:47 am
STEVE KASSAB is out on a 100K BOND and is trying to appeal the case once more. Citizens, don’t you wonder where the money came from?????? And for the record he is the Defendent not the Plaintiff. Let him talk himself out of this one. He was convicted by a jury trial and sentenced and now he is appeaing it. I wonder if history will repeat itself and he will get arrested again. Maybe he needs to find a better place to hide his drug supply cause the feds will find it this time.
July 20, 2008 - 12:23 pm at 12:23 pm
Attention Union Tribune Editor,
“JUSTICE” NOT “JUST US”
Pursuant to California Code of Civil Procedure section 1060, the Court will declare the respective rights and duties of the parties in this matter and, in particular, declare that Health and Safety sections 11364.7 (a)-(c) “as authorized by law” applies specifically to employees or owners of businesses that possess a business permit, issued by the San Diego City Clerks Office. Furthermore, Health and Safety sections 11364.7 (a)-(c) violates the Equal Protection Clause and Due Process Clause of the State Constitution. The court shall retroactively determine this California statute, void and unenforceable.
To constitute a crime an overt act (actus reus) must be accompanied by a criminal intent (mens rea). What Motive, did the Smoke Shop Owners have when they asked the City of San Diego and the Code Compliance Department to “permit to act” (i.e. The applications and fees) incurred which led or tempts the mind to indulge in a act, as distinguished from intent, is neither a crime nor an essential element of a crime? The motive with which an alleged offense was committed was neither “prohibited act” nor was there “criminal intent.”
In your example, pipes used for something other than smoking tobacco is a crime. However, selling and possessing tobacco products with a City of San Diego issued license is not a crime. In contrast, a person smoking something other than tobacco does not ask permission to do so and if he did receive permission would it still be considered a crime?
Proof of motive i.e. licensing and permits should be evidence to have had the exact charges DISMISSED with extreme prejudice and if ANY California Judge (i.e. DISHONORABLE HOWARD RACIST SHORE) refuses to dismiss the charges then they are being selective and discriminatory with the law and thus are violating civil and constitutional rights of U.S. Citizens (AGAIN!)
Steve Kassab.
THE TRUE DEFENDER FOR THE FREE WORLD IN SAN DIEGO!
July 20, 2008 - 12:39 pm at 12:39 pm
STEVE KASSAB AKA DRUG SELLER. YOU ARE A DISGRACE TO EVERY HUMAN BEING. YOU JUST DON’T GET IT
WE WILL SEE WHERE YOU WILL BE IN A MONTH OR TWO. HOW DID YOU MANAGE TO GET 100k FOR YOUR BOND????? WAS THE MONEY FROM THE DRUGS YOU SOLD OUT OF YOUR LIQUOR STORE OR ABC SMOKE SHOP.
THE ONLY PREJUDICE AND DISCRIMINATION HERE IS COMING FROM YOU. YOU BROKE THE LAW SEVERAL TIMES AND YOU STILL DON’T GET IT. TAKE IT LIKE A MAN AND DO YOUR JAIL TIME.
AS THE SAYING GOES “DON’T COMMITT THE CRIME IF YOU DON’T WANT TO DO THE PRISON TIME. AND ALL THESE STUPID COMMENTS YOU MAKE JUST SHOW HOW ANGRY YOU ARE FOR GETTING CAUGHT.
THE ONLY RACIST HERE IS STEVE KASSAB
GO SELL YOUR DRUGS IN YOUR NEIGHBORHOOD YOU PIG
July 21, 2008 - 8:30 pm at 8:30 pm
“WHEN JUSTICE IS BLING IT’S NOT SERVED TO ANYONE.”
“We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with inherent and inalienable rights; that among these, are life, liberty, and the pursuit of happiness; that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; THAT WHENEVER ANY FORM OF GOVERNMENT BECOMES DESTRUCTIVE OF THESE ENDS, IT IS THE RIGHT OF THE PEOPLE TO ALTER OR ABOLISH IT, AND TO INSTITUTE NEW GOVERNMENT, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.” –Declaration of Independence as originally written by Thomas Jefferson, 1776. ME 1:29, Papers 1:315
The only drug sold was “tobacco” (not prohibited), with a City of San Diego issued license.
As far as getting the money, it came from the hard work and effort of (30) THIRTY YEARS IN BUSINESS. So our business is a landmark now, it is a part of the community. Whoever you are you have been brainwashed by the news media, because you have no facts or evidence to support your conclusion. The fact is ABC Smoke Shop Inc. is licensed and still is period………..
HERE IS SOME MORE COMMON SENSE:
Application approval by the City of San Diego Equals License Equals permits Equals Not Prohibited Equals Exception Equals tax id. Equals business Equals Corporation Equals false arrest Equals Civil Rights Violations Equals Answer: tax payers money for compensation of damages to the Kassabs and ABC Smoke Shop Inc.
Now which part of the Answer of the Mathematical Equation don’t you understand?
Americana you are correct; “all good things come through dreams especially when they come true.” (Martin Luther King). But I guess we are going in circles here so if you have nothing constructive to say please stop wasting my time.
Thanks,
Steve Kassab
July 21, 2008 - 10:55 pm at 10:55 pm
Steve you are the stinkiest most arrogant liquor store owner in the world. I go into your place and its smells like your stinky armpits. Well I am glad you got the shaft…there is nothing like watching you signal your customers in after you do a quick look around and let them into your “smoke shop”. After they buy their oil burners and paper roses they can buy a 12 pack of your old beer that you bought off of some diverter and then buy some of your bootleg smokes. Well I guess you won’t be allowed to sell paper roses in glass tubes anymore-darn those things were classy. Who in the hell would want to use such a pretty thing to smoke crack out of. Damn…I also am going to miss your oil burners-they were so practical. Why by a candle bowl oil burner when I can by one of yours. BTW who would use those to smoke meth? Those are oil burners aren’t they?
Your a disgrace to every decent hardworking Arab-American.
You racist asshole-why don’t you go sell your crack pipes in the Arab communities of El Cajon. Oh no you wouldn’t do that- you just want to sell your pipes to Mexicans and Blacks.
Later you pig- I hope you get it good in jail
July 21, 2008 - 11:04 pm at 11:04 pm
It’s inspiring that the Kassab family is willing to stand up and fight against this blatant harassment. Since father George was first convicted of selling crack smoking paraphernalia back in 2002 to the conviction of Steve for selling “brown bag” crack smoking kits in that same year, until Steve was again arrested in ‘05 for selling hundreds of meth and crack pipes to this year when Steve and his mother Joandark were arrested, the Kassab family has valiantly fought for their freedom to profit from their contribution to the San Diego tradition of getting really f**ked up on crack and meth. So I say thank you, Kassab family, for standing up to the anti-crack fascists and God bless you for supplying San Diego with the tools it needs to stay f**ked up on crack. I’m sure all of San Diego will agree that you have been unfairly singled out and will rally behind your cause, since we have all seen the positive effects your efforts have had on the communities in which you conduct business. And by the way, if you need any crack smoking paraphernalia while you’re in jail, I’d like to help out, but I regret to say that I am not as courageous as you and am not personally ready to sacrifice my own freedom to deliver it to you – after all, distribution of crack smoking paraphernalia in san Diego is ILLEGAL. But I will bring you guys some glazed donuts, if the guards will let me. Best of luck to you, Kassab family. May all your decisions in the future be guided by the twin virtues of righteousness and the promotion of
crack smoking.
July 21, 2008 - 11:14 pm at 11:14 pm
Justice is served,
You are quite informed about this, I’m not being sarcastic, I had no idea what an ‘oil burner’ or ‘paper rose’ was before hearing about this trial. While your tone sounds pissed off, what you write is the most accurate. On top of that, it’s interesting he drags his mother into this, after his father was convicted back in 2002! Maybe he has a sister he can bring down next time.
July 22, 2008 - 2:03 pm at 2:03 pm
“I SAID SO LAW” where can I find that in the law library? Anyone?
The judge Howard RACIST Shore followed the “I said so law” again. However, this judge is bound by Cases,
supra, which expressly recognize that the right to sell and posess tobacco products and accessories belongs to merchants (i.e. ABC Smoke Shop Inc. )at any point in the proceeding. He had no law, code, statute or regulation that states why the Federal Court pitches motion was granted (i.e. SDPD are falsifying reports and have commited perjury again. )
If there is a good reasons why the Kassabs family should be a target as opposed to the hundreds of other smoke shops, distributors, and manufacturers I would like to see it. Otherwise such a decision as it stands shows the judge ignored the evidence, and ignored the specific
remedies and the purpose of why the need a Dismisal with extreme prejudice.
Furthermore, did we wanted our ineffective attorney to file our declarations to challenge the (former San Diego D.A. Prosecutor) judge? Also, here is something to recuse him with now.
CHAPTER 2 MOTIONS Rule 3.2.1 General Requirements states “F. Trial Department Motions: No party may file in any law and motion department a motion which must be decided by the trial judge. Such motions include, but
are not limited to, motions to suppress based on confessions or admissions which are not a product of alleged Fourth Amendment violations (e.g.,
alleged violations of the Fifth and Sixth Amendments, such as Miranda violations, involuntary confessions, or denial of counsel), Trombetta/Youngblood motions, and severance motions resting on evidentiary considerations.”
Let me say, I want to rigidly follow the standard procedures of a hearing. Certainly as a matter of law it seem to me that ruling on whether the evidence of corruption and dishonesty against San Diego Police Officers
itself seem to me that would disqualify a (former San Diego D.A. ) judge from hearing the trial i.e public policy reasons
The court did not specifically find that there were no good reasons for the request or that the admissions sought were of no substantial importance i.e. “I said so law.” Accordingly, appealing the “I said so law”, so
that we can receive a fair hearing/proceeding will be easy.
STEVE KASSAB
Defender For A Free World In San Diego.
July 22, 2008 - 10:13 pm at 10:13 pm
You have no chance when you appeal it cause this time the judge and courts will get really tired of you and send you to prison longer.
July 23, 2008 - 2:28 am at 2:28 am
Please read: SMOKE SIGNALS PIPE & TOBACCO SHOP, LLC;
The State’s argument was rejected and reversed the decision of the superior court. Property was returned.
“We thus reject the State’s arguments and reverse the decision of the superior court.” Property was returned see below:
http://209.85..173.104/search?q=cache:1r6AfP8ytBgJ:www.nh.gov/judiciary/supreme/opinions/2007/smoke047.pdf+expert+witness+on+tobacco+paraphernalia&hl=en&ct=clnk&cd=6&gl=us
Why do you think we have appellate courts? Because Judges like Howard RACIST Shore make mistakes all the time.
None of the items seized in this case were alleged to be “designed for use” with controlled substances. The holding in Posters ‘n’ Things is thus inconsistent with the State’s argument that these items became contraband under federal law from the time they were manufactured. They would only constitute drug paraphernalia under federal law if there was proof that Smoke Signals acted knowingly – a burden that the superior court judge found the State failed to meet at trial. The State’s argument is also inconsistent with the federal forfeiture statute. Under 21 U.S.C. § 863(c) (2000): “Any drug paraphernalia involved in any violation of subsection (a) of [21 U.S.C § 863] shall be subject to seizure and forfeiture upon the conviction of a person for such violation.” 21 U.S.C. § 863(c). Therefore, according to federal law, no forfeiture can occur until there is a conviction. Here, Smoke Signals was acquitted of all pending charges.
Finally, the State’s argument that the items at issue are now – and apparently always have been – contraband, is inconsistent with its own conduct in this case. In January 2004, the State made clear to Smoke Signals that there were six specific categories of items that it could not sell. The State also returned to Smoke Signals certain glass pipes and other items. Presumably at that time, the State did not consider the items it returned to be contraband. Then, the State reversed course and prosecuted Smoke Signals for, as the superior court found, “items virtually indistinguishable from many of the items returned to Smoke Signals after the first prosecution.” We thus reject the State’s arguments and reverse the decision of the superior court. Reversed. BRODERICK, C.J., and DALIANIS, GALWAY and HICKS, JJ., concurred.
These CORRUPT AND DISHONEST SAN DIEG POLICE OFFICER will lose their badges and that the City Attorney who is motivated by politicians and special interest groups will not be reelected ever again.
Now, say goodbye to your City Attorney Michael Aguiere for me.
Cordially,
Steve Kassab
July 23, 2008 - 9:35 am at 9:35 am
It is obvious that you are sick in the head if you think you have a chance at appeal. You are a DISGRACE TO EVERY HARD WORKING ARAB AMERICAN.
You are the racist pig who will do more jail time than you can imagine. You will have plenty of time in jail to think of all the laws you are breaking. Stop SELLING CRACK YOU PIG
July 23, 2008 - 9:38 am at 9:38 am
wow you are trying to bring down the whole city. How do you expect to do that when you have been jail so many times. Do you think the judges will give you a break this time. I find it facinating how people who break the laws over and over become victims of fraud and injustice. This guy is apparently sick in the head cause all he does is cut and paste other cases that don’t even make sense and are not related to his case. Does he think people are that dumb. He needs to put behind bars for breaking the laws. I know the jails are overcrowded but they should definately make room for him.
July 23, 2008 - 10:57 am at 10:57 am
STEVE KASSAB and his mother are out on bond. His bond was 100K. He is trying to appeal the case once more costing the city and taxpayers more time and money with his court appointed counsel. Citizens, don’t you wonder where the Bond money came from and if he has that much cash then why can’t he afford to hire an attorney. Where did all the bond money come from? Illegal sales for 30 years. I wonder if the IRS and State of California have already been processing his audits? And for the record he is the Defendent not the Plaintiff. Now he is tryign to once again sue the city and everyone. He has already tried and failed numerous times. He wanted 550 k that is something to laugh about . Let him talk himself out of this one. He was convicted by a jury trial and sentenced and now he is appeaing it. I wonder if history will repeat itself and he will get arrested again. Maybe he needs to find a better place to hide his drug supply cause the feds will find it this time. Get the right facts not a criminal who breaks laws stating he is the victim. Only victim is everyone who has to waste their time going to courts for this criminal.
Stop wasting everyones time Steve Kassab.
July 23, 2008 - 4:56 pm at 4:56 pm
Thanks for the post. Also, thanks for being honest about you being incompetent (i.e “I suspect it would cost tax payer roughly $180,000 in straight legal fees to bring the case to trial and do it right.”) However, I can imagine that the City of San Diego will be reimbursing us for damages they caused any less than $180,000.
You understand this is about screening and there’s nothing funny about a bunch of incompetent people taking away every last shred of actually doing the right things that protect America.
Surely you have heard the wisdom, which preaches, “The easy way is the wrong way”. It is wise indeed for the most part, as for easiness before rectitude. However, our interest is long-term interest because as this has surely been proven in the last civil rights violation case with these same dishonest and corrupt police officers.
To me, ‘fairness’ I tend to believe is justice, and then there is mercy and grace. Be smart. Do your legal homework. And never give up the fight. It just goes to
show that if you aren’t intimidated by fancy law firms and paperwork, these corrupt and dishonest police officers have no power.
It is about time that attorneys in California all stood together so that clients can demand what is rightfully theirs.
I hope you stop doing whatever and actually ‘protect’ this country and the rights of citizens.
Sincerely,
Steve K.
Ps. San Diego Police Department you did the crimes now it’s time to pay back the KASSABS and do the time.
July 23, 2008 - 9:14 pm at 9:14 pm
This LOSER STEVE KASSAB DOESN’T SEEM TO GET IT… MAYBE WE SHOULD LET HIM RAMBLE ON AND ON ABOUT JUSTICE TILL HE IS BACK IN PRISON AGAIN
July 24, 2008 - 9:37 am at 9:37 am
Slowly, yes, but the wheels of justice do grind on drugs
Prosecuting smoke shop owners whose wares are illegal may sound pretty cut and dried, but it isn’t. A case involving sales of paraphernalia for use with methamphetamine and rock cocaine began with charges brought -in 2006 and ended only this week in a sentencing hearing.
It is an instructive example of how slowly the wheels of justice can grind – and perhaps an indication why local prosecutors don’t pursue cases against smoke shop clerks and owners for marijuana paraphernalia.
The defendants in this case came to the attention of the City Attorney’s Office when George Kassab and his son, Steve, were arrested and convicted of selling and manufacturing narcotics paraphernalia from the family store known as Mr. D’s Liquor and Deli at 4101 Market St. in the Mount Hope neighborhood. Though both were convicted of misdemeanors, the only real penalty was the suspension of Mr. D’s liquor license for 30 days.
During those 30 days, the Kassabs opened the ABC Smoke Shop adjacent to Mr. D’s. According to public records, George Kassab’s wife, Joandark, owns the smoke shop and their son, Steve, manages it. In 2002, as the result of undercover buys, Steve was arrested for selling narcotic paraphernalia. With a search warrant, officers seized more than 600 methamphetamine and rock cocaine pipes. Pipe sales nevertheless continued, despite a follow-up “cease and desist” letter from prosecutors to Joandark Kassab.
In December 2007, Steve was again arrested for the same offense while awaiting trial on the initial offense.
In April, Steve Kassab and Joandark Kassab were convicted by a jury of 23 counts of furnishing or selling meth and crack cocaine pipes. On Monday, he was sentenced to 30 months in jail, plus fines and penalties. She was sentenced to five years’ probation, plus fines and penalties.
The Mount Hope neighborhood is overjoyed by the sentences and by the hope that Mr. D’s and the smoke shop will stay closed. No wonder: Mr. D’s has had its share of robberies and gunfire. But the ABC Smoke Shop rankled the community from the day it opened. Here are just a few reasons why, courtesy of the Web site of a neighborhood drug rehabilitation program, Palavra, which lists these (and other) “African-American Facts”:
Over 50 percent of youth offenders jailed in 1989 were regular drug users.
Between 1985 and 1990 the death rate of young males increased 34 percent due to drug use.
A young woman is 250 percent more likely to have used crack cocaine
July 25, 2008 - 12:52 am at 12:52 am
RE: / There Is No Such Thing As A Misdemeanor Search Warrant; Unlawful Search And Unlawful Seizure.
The Fourth Amendment to the United States Constitution, made applicable to the states under the Fourteenth Amendment, and adopted nearly intact by the California Constitution, Article I, Section 13 provides:
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched, and the persons or things to be seized.”
Pursuant to penal code Section 1538.5 a defendant may move to suppress as evidence any tangible or intangible thing obtained as a result of an unlawful search or seizure with a search warrant. A defendant may challenge the validity of such a warrant by a motion to quash.
Under Penal Code Section 1524 (a), a magistrate may only issue a search warrant to seize property that:
1. Was stolen or embezzled;
2. Was used as the means of committing a felony;
3. Is in the possession of any person with the intent to use it as a means of committing a public offense;
4. Is evidence which tends to show that a felony has been committed;
5. Is evidence which tends to show that sexual exploitation of a child has or is occurring.
This restates the federal and state constitution guarantees that “[a] search warrant cannot be issued upon probable cause, supported by affidavit.”
Finally, in the instant case, none of the above factors are applicable, as there are only misdemeanor allegations of possession and sale of drug paraphernalia (i.e. TOBACCO PIPES) in violation of Health and Safety Code Section 11364.7(a). There are no allegations that illegal narcotics were being sold at the business, only allegations of drug paraphernalia i.e. TOBACCO PIPES.
Sincerely,
Steve Kassab
Ps. SEARCH WARRANT WITH NO AFFIDAVIT ATTACHED IS INVASION OF PRIVACY AND A CONSTITUTIONAL RIGHT VIOLATION (SEE 4TH AMENDMENT OF THE U.S. CONSTITUION) DR. CLEO “CRACK HEAD” MELONE THE TRUE CIVIL RIGHT VIOLATOR! ANY RECORDS WAS SUCCESSFULLY EXPUNGED BECAUSE OF THE APPROVAL OF THE CITY OF SAN DIEGO LICENSE.
July 25, 2008 - 10:17 am at 10:17 am
wow you are trying to bring down the whole city. How do you expect to do that when you have been jail so many times. Do you think the judges will give you a break this time. I find it facinating how people who break the laws over and over become victims of fraud and injustice. This guy is apparently sick in the head cause all he does is cut and paste other cases that don’t even make sense and are not related to his case. Plus he is trying to rewrite the laws to make himself look like a victim which is obviously not the case here. He is a criminal who will stop at nothing to make others look bad instead of admitting that he committed the crimes and doing the jail time so everyone can move on. Does he think people are that dumb. He needs to put behind bars for breaking the laws. I know the jails are overcrowded but they should definately make room for for this pyscho to rid the courts, the people and the city of him.
July 26, 2008 - 3:02 am at 3:02 am
Smoke Shop Owner, Son Convicted Of Selling Crack Pipes
SAN DIEGO – A San Diego smoke shop owner, Joandark Kassab and her son Steve Kassab have been convicted of selling narcotic paraphernalia, according to City Attorney Michael Aguirre. San Diego Superior Court Judge Howard Shore sentenced Joandark Kassab, the owner of the ABC Smoke Shop, to five years probation. Her son, Steve Kassab, who is also the store’s manager and clerk, was sentenced to 30 months in jail. The smoke shop is located at 4101 Market Street and opened in 2005. The court also imposed several thousand dollars in fines and penalties against each defendant. In April, a jury convicted both on 23 counts of selling methamphetamine and crack cocaine pipes. “This is a victory for the community, which we hope serves as a deterrent to other stores selling drug paraphernalia,” Aguirre said. Last week, the defendants were arrested and remained in custody under a no-bail warrant because they failed to appear in court for sentencing on two prior dates. According to San Diego Deputy City Attorney Makini Hammond, who prosecuted the case, the guilty verdicts covered a two-year period involving several undercover purchases of methamphetamine and rock cocaine pipes by San Diego police officers. When the ABC Smoke Shop opened in July 2005, a rally was held to protest the sales of narcotic paraphernalia from the establishment.
“We’ve been in this struggle for a long time,” said Dr. Cleo Malone, executive director of Palavra Tree, a drug rehabilitation program. “We’ve made a great step towards helping to save our young people from drug addiction, and I thank the community, police and the city attorney’s office.” This is the second time that Steve Kassab has been convicted of selling narcotics paraphernalia, according to the city attorney’s office.
A SAN DIEGO smoke shop owner and her son have been convicted of selling narcotic paraphernalia, according to City Attorney Michael Aguirre. San Diego Superior Court Judge Howard Shore sentenced Joandark Kassab, the owner of the ABC Smoke Shop, to five years probation. Her son, Steve Kassab, who is also the store’s manager and clerk, was sentenced to 30 months in jail. The smoke shop is located at 4101 Market Street and opened in 2005. The court also imposed several thousand dollars in fines and penalties against each defendant. In April, a jury convicted both on 23 counts of selling methamphetamine and crack cocaine pipes. “This is a victory for the community, which we hope serves as a deterrent to other stores selling drug paraphernalia,” Aguirre said. Last week, the defendants were arrested and remained in custody under a no-bail warrant because they failed to appear in court for sentencing on two prior dates.
According to San Diego Deputy City Attorney Makini Hammond, who prosecuted the case, the guilty verdicts covered a two-year period involving several undercover purchases of methamphetamine and rock cocaine pipes by San Diego police officers. When the ABC Smoke Shop opened in July 2005, a rally was held to protest the sales of narcotic paraphernalia from the establishment. “We’ve been in this struggle for a long time,” said Dr. Cleo Malone, executive director of Palavra Tree, a drug rehabilitation program. “We’ve made a great step towards helping to save our young people from drug addiction, and I thank the community, police and the city attorney’s office.” This is the second time that Steve Kassab has been convicted of selling narcotics paraphernalia, according to the city attorney’s office.
July 26, 2008 - 6:23 pm at 6:23 pm
Hi,
THESE SAN DIEGO ATTORNEYS PRETENDED TO REPRESENT US AND PRETENDED TO GIVE US OUR MONEY BACK. Can you help us sue them for damages and get our money back?
If you can you can let me know.
Sincerely,
Steve K.
SEE BELOW AND ATTACHED FILES:
THE STATE BAR OF CALIFORNIA
COMPLAINT FORM.
Law Offices of Roy Dickson & Associates
4676 Lakeview Ave #107
Yorba Linda, CA, 92886
roycd@aol.com
Tel: (714) 693-5031 Fax: (714) 693-2833
Law Offices of Genaro Lara
121 Broadway #253
San Diego, CA, 92101
Tel: (619) 236-8011 Fax: (619) 236-8078
YES, Plaintiffs, the Kassabs, retained the services Law Offices of Roy Dickson & Associates on April 23, 2008 in a matter involving a misdemeanor and other legal matters. The Kassabs signed a retainer agreement and paid Attorney Roy Dickson a ($1,000.00) down towards a flat fee retainer of $2,000.00. See Exhibits.
When Dickson abandoned the case we retained the services of Attorney Genaro Lara to represent us in a matter involving a misdemeanor. See Exhibits.
Plaintiffs, the Kassabs file this Complaint as a result of these attorneys intentional misrepresentations, deceit, and concealment of material facts known to the attorneys with the intention on the part of the attorneys of thereby depriving the us (clients) of property and legal rights and have caused sever injury to plaintiffs.
They allowed judgments to be entered against plaintiffs. Attorney Dickson will not give us our money he is holding on our behalf and they will not give us a full written accounting. Furthermore, Attorney Dickson continually fails to respond to inquiries about the case, or to tell us about court dates. Most importantly they does not do what they have promised us or do not do it in a timely way.
It is obvious they failed to appear and represent us. They did not file the motion for new trial as they promised and they intentional allowed the statute of limitation to pass without giving us proper notice. Had they told us that they would not file the necessary pleading and make the required appearances or that they would breach the contract we would have appeared ourselves and would have never paid the ($1,000.00).
It became apparent that Mr. Dickson and Mr. Lara never intended to provide adequate legal representation and that their sole intent was to cheat, steal, and lie to plaintiffs so as to take monies, which they never intended to earn.
Mail to: Office of the Chief Trial Counsel/Intake
State Bar of California
1149 South Hill Street
Los Angeles, California 90015-2299
(*) Section 6095.1 of the Business and Professions Code mandates that the State Bar
Attached:
We hired Attorney Roy Dickson who was to filethe necessary motion for trial and file an a misdemeanor case. However, he wrote back the day before the hearing and said,
“Steve:
I have fully evaluated your case and for three reasons I have decided not to take the case. First, after reviewing your e-mail re: Conflicts of Interest and after doing my own research, I do feel that I would be in an irreconcilable conflict between you and your mother. Second, I started a three-week jury trial in Westminister California, which is scheduled to last until June 23, 2008. We are going only three days a week (Mondays, Tuesdays and Wednesdays). Third, I have a hearing in Federal Court in Los Angeles on June 24, 2008, the day of your scheduled sentencing. Consequently, my schedule will not permit me to devote the necessary attention to your case that it undoubtedly deserve. I am sorry I could not help. I will return your retainer fee of $1,000.
PLEASE SEND ME YOUR PHYSICAL ADDRESS (E-MAIL IS O.K.) SO I CAN MAIL THE CHECK
If I can be of any further assistance, do not hestitate to contact me.” Roy C. Dickson, Esq.
They falsely represented that they would appear on our behalf. Attorney Dickson failed to appear on our behalf on May 23, 2008 hearing because he claimed that he was very sick and that he had laryngitis. This was another reason why he did not return any of our calls.
However, the hearing was continued to June 24, 2008. When asked if he would be able to make the June 24, 2008 hearing, he stated that he had a three-day trial on that day and therefore he would be asking for a continuance. At that point we asked if we could take our summer vacation that was scheduled on the same date as the hearing. He advised us that we could. Furthermore, he stated that there was a very good chance that the continuance would be granted since the transcripts of the trial were not ready yet.
On June 23, 2008, the day before the hearing Attorney Dickson wrote, “I have a hearing in Federal Court in Los Angeles on June 24, 2008, the day of your scheduled sentencing. Consequently, my schedule will not permit me to devote the necessary attention to your case that it undoubtedly deserve. I am sorry I could not help. I will return your retainer fee of $1,000.” At that point Joandark Kassab was still out of the country. So Mr. Lara was retained, and he agreed to file a 977 waiver of presence on both Steve and Joandark Kassab. However, Attorney Lara stated that he knew nothing of the case and in any event “you have not retained me.” Even though he signed the Waiver of Defendant’s personal presence as the “attorney for defendant” for the misdemeanor case See Exhibits
It was on June 24, 2008 that two bench warrants were illegally issued for failure to appear on the misdemeanor case, and Steve & Joandark Kassab were arrest. Do to these attorneys failure to communicate with clients, to protect client’s interests, to return files on demand clients suffered irreparable harm, degradation of characters, defamation, slander, libel, and being treated like the trash of San Diego.
The memo speaks for itself. The file had been withheld, from plaintiffs, which was a detriment; the papers were never returned, in violation of. i.Rule 3-700(D)(1); a breach of fiduciary duty. As shown above, the file was never delivered by prior counsel (Eight weeks after paid Attorney Roy Dickson had been retained for the case).These attorneys were helping the prosecutions’ case. If the State Bar complaint had prompted prior counsel to finally return the documents, they should have been returned directly to plaintiffs, or otherwise to the office of Roy Dickson. Plaintiffs requested a courtesy copy of their file from Attorney Criag Leff and Attorney Marci Chipman who had it and strenuously denied access and all Public Defender¹s staff were instructed to hide the file as a confidential piece of information from Steve & Joandark Kassab.
Therefore, none of the retained attorneys ever had access to the file. They were not allowed to research or review the documents. To make matters worse, Attorney Roy Dickson, issued us a check for $1,000.00 on June 23, 2008, for return of retainer deposit, which was a day before the hearing and basically abandoned our case. However, it has returned insufficient funds. (See Exhibit Check No. 10970)
We are asking the State Bar to reimburse us immediately, for the returned check your member wrote plus the returned item fee of $22.00. The total is $1022.00. The Client Security Fund of The State Bar of California is required to make check payable to Steve Kassab and mail it to 4101 Market Street, San Diego, CA. 92102.
If you have any questions or need additional information, please contact me.
Sincerely,
Steve & Joandark Kassab
Ps. Legal Malpractice, Fraud and Deciet, and making promises without the intent to perform was why the Kassabs, were wrongfully convicted. I can’t wait to dip in that legal malpractice insurance soon! I Know something.
July 26, 2008 - 11:41 pm at 11:41 pm
Long arm of the law slaps smokeshop owner (Joandark kassab) and Son (Steve Kassab) around a little
Well, the superior court judge finally got a chance to sentence the owner and manager of the ABC smokeshop today, months after their April convictions on 23 counts of selling meth and crack pipes. A press release form the City Attorney’s office today said the pair had to be jailed last week after they’d missed two prior court dates for sentencing. But today they finally learned their fates: Joandark Kassab, the owner of ABC Smokeshop on Market Street in Southeast San Diego, got five years probation; her son, Steve Kassab, the manager, got 30 months prison time, his second prison term for distributing drugs. Both, the press release said, they will have to pay “thousands of dollars” in fines.
The ABC smokeshop is the first shop to be targeted in Aguirre’s attempt to shut down shops that sell “hard drug” paraphernalia.
July 27, 2008 - 8:23 pm at 8:23 pm
Prosecuting smoke shop owners whose wares are illegal may sound pretty cut and dried, but it isn’t. A case involving sales of paraphernalia for use with methamphetamine and rock cocaine began with charges brought -in 2006 and ended only this week in a sentencing hearing.
It is an instructive example of how slowly the wheels of justice can grind – and perhaps an indication why local prosecutors don’t pursue cases against smoke shop clerks and owners for marijuana paraphernalia.
The defendants in this case came to the attention of the City Attorney’s Office when George Kassab and his son, Steve, were arrested and convicted of selling and manufacturing narcotics paraphernalia from the family store known as Mr. D’s Liquor and Deli at 4101 Market St. in the Mount Hope neighborhood. Though both were convicted of misdemeanors, the only real penalty was the suspension of Mr. D’s liquor license for 30 days.
During those 30 days, the Kassabs opened the ABC Smoke Shop adjacent to Mr. D’s. According to public records, George Kassab’s wife, Joandark, owns the smoke shop and their son, Steve, manages it. In 2002, as the result of undercover buys, Steve was arrested for selling narcotic paraphernalia. With a search warrant, officers seized more than 600 methamphetamine and rock cocaine pipes. Pipe sales nevertheless continued, despite a follow-up “cease and desist” letter from prosecutors to Joandark Kassab.
In December 2007, Steve was again arrested for the same offense while awaiting trial on the initial offense.
In April, Steve Kassab and Joandark Kassab were convicted by a jury of 23 counts of furnishing or selling meth and crack cocaine pipes. On Monday, he was sentenced to 30 months in jail, plus fines and penalties. She was sentenced to five years’ probation, plus fines and penalties.
The Mount Hope neighborhood is overjoyed by the sentences and by the hope that Mr. D’s and the smoke shop will stay closed. No wonder: Mr. D’s has had its share of robberies and gunfire. But the ABC Smoke Shop rankled the community from the day it opened. Here are just a few reasons why, courtesy of the Web site of a neighborhood drug rehabilitation program, Palavra, which lists these (and other) “African-American Facts”:
Over 50 percent of youth offenders jailed in 1989 were regular drug users.
Between 1985 and 1990 the death rate of young males increased 34 percent due to drug use.
A young woman is 250 percent more likely to have used crack cocaine.
Steve Kassab and Joandark Kassab were arrested and jailed with no bond for failing to appear for their sentencing. There was no bond set and both face 10 years or more behind bars.
July 30, 2008 - 8:44 pm at 8:44 pm
A San Diego smoke shop owner and her son have been convicted of selling narcotic paraphernalia, according to City Attorney Michael Aguirre.
San Diego Superior Court Judge Howard Shore sentenced Joandark Kassab, the owner of the ABC Smoke Shop, to five years probation. Her son, Steve Kassab, who is also the store’s manager and clerk, was sentenced to 30 months in jail.
The smoke shop is located at 4101 Market Street and opened in 2005.
The court also imposed several thousand dollars in fines and penalties against each defendant.
In April, a jury convicted both on 23 counts of selling methamphetamine and crack cocaine pipes.
“This is a victory for the community, which we hope serves as a deterrent to other stores selling drug paraphernalia,” Aguirre said.
Last week, the defendants were arrested and remained in custody under a no-bail warrant because they failed to appear in court for sentencing on two prior dates.
According to San Diego Deputy City Attorney Makini Hammond, who prosecuted the case, the guilty verdicts covered a two-year period involving several undercover purchases of methamphetamine and rock cocaine pipes by San Diego police officers.
When the ABC Smoke Shop opened in July 2005, a rally was held to protest the sales of narcotic paraphernalia from the establishment.
“We’ve been in this struggle for a long time,” said Dr. Cleo Malone, executive director of Palavra Tree, a drug rehabilitation program. “We’ve made a great step towards helping to save our young people from drug addiction, and I thank the community, police and the city attorney’s office.”
This is the second time that Steve Kassab has been convicted of selling narcotics paraphernalia, according to the city attorney’s office.
July 31, 2008 - 2:26 pm at 2:26 pm
United States District Court
SOUTHERN DISTRICT OF CALIFORNIA
Steve Kassab
Plaintiff,
Civil No. 07cv1071-WQH-WMC DEFAULT
vs
San Diego Police Department; City of San Diego;
City Attorney’s Office; John Bailey; Parga;
Catherine Millet; Needham; S Skinner; L Steward;
John Davis; Ruben Hernandez; Alberto Leos;
Brian Blagg; Collon; A Scott; Leffler; Jeff Pace;
Robert Hawkins; Javier Nunez; Rubio; Newquist;
Beamesderfer; Ray Stachnik; Derrough
Defendants,
It appears from the records in the above entitled action that the First Amended Complaint
filed on 4/25/2008 has been regularly served upon each of the Defendants hereinafter named (affidavit of service on these defendants included in Plaintiff’s 7/30/2008 filing); and it appears from the records herein that each of the Defendants has failed to plead or otherwise defend in said action as provided by the Federal Rules of Civil Procedure. Now, therefore, the DEFAULT of each of the following Defendants is hereby entered.
Collon; A Scott; Leffler; Jeff Pace; Robert Hawkins; Javier Nunez; Rubio; Newquist; Beamesderfer; Ray Stachnik; Derrough
Entered On:
7/31/2008
W. SAMUEL HAMRICK, JR., CLERK
By: s/M. Cruz
M. Cruz, Deputy
Ps. San Diego Police Department you did the crimes now it’s time to pay back the KASSABS and do the time.
July 31, 2008 - 11:39 pm at 11:39 pm
PLEASE STOP REPEATING ALL THE INFO OF THIS CASE. I THINK IT IS QUITE CLEAR OF WHAT HAS HAPPENED AND WHAT THE DEFENDANTS WERE FACING. I THINK WE ALL GOT THE PICTURE. THIS IS OLD NEWS, NOW FOCUS ON NEW FACTS AND NOT THE OLD. THIS BLOG IS GETTING BORING. IF YOU HAVE NEW INFO, SAY IT. OTHERWISE, DON’T KEEP ITERATING THE OLD SHIT.
August 2, 2008 - 11:57 am at 11:57 am
Personally, I believe it should be up to the proprietor if he chooses to have a smoking area or not.
If you are offended by that, you need not go to that establishment and spend your money elsewhere.
As long as cigarettes are a legal product, it should be so.
I am very concerned where this policing of society over a legal substance is going to lead.
Already the same bunch who have pushed it this far are now working on policing our diets. Where does it stop?
Maybe it will be one of you who despises cigarette smoke that will be kicked out of a restaurant for applying your Channel #6 too heavy or the old guy that over did it on his Brut and it causes someone at another table problems with their asthma. Where does it end?
Dr. Cleo Melone “THE TRUE CIVIL RIGHTS VIOLATOR” (who by the way killed Martin Luther King because he was walking side by side close to him) says that’s crazy talk.
If we allowed people to do what they choose that would be like …… a nation of free people. That’s just crazy!!!!!
“A free society protects everyone in the free society as far as possible.”
Does that include the unborn?
Shouldn’t the OWNER of the business have the right to allow smoking and sell tobacco products (i.e. Pipes)? And don’t you as a citizen have the right to refuse to go to said establishment if smoking offends your sensibilities?
Free enterprise, it’s what’s for America!
If that fetus is wanted by its mother, is the unborn protected. Yes, no one can force a woman to have an abortion. The choice is entirely up to her and her doctor.
However to force every woman to complete a pregnancy against her will is against her rights as a free person to make that decision for herself.
Like I said, it just seemed to illustrate my point. But what if the wanting mother is a smoker….?
”Individual liberty is one of the cornerstones of our society (We are not in Iraq!). To force a business owner to conduct business a certain way clearly violates that principle.”
STEVE KASSAB,
THE TRUE DEFENDER OF THE FREE WORLD IN SAN DIEGO!
Ps. SDPD JUST WRITE ME MY SECOND CHECK NOW!
August 5, 2008 - 8:11 pm at 8:11 pm
STEVE KASSAB
KEEP SMOKING THAT CRACK
YOU ARE ONE FAT PIG SICKO WHO SMELLS LIKE THE SEWERS
August 8, 2008 - 4:48 pm at 4:48 pm
Attention City of San Diego
We have a Check No.6670 for $12,500.00 which you wrote as a refund to us in Case Numbers GIC 848888; case no. Gic. 849194. However, it came back “non-suficient funds.”
Are you going to send another check or do we need to report the crime to the police as your office is famous for writing fraudulent/insufficient checks (PLEASE SEE STATE BAR DISCIPLINARY RECORD FOR CITY ATTORNEY MICHAEL AGUIRE BEHING CLOSE DOORS BECAUSE HE REFUSES TO ABIDE BY CITY OF SAN DIEGO RULES i.e. permits issued byt the City of San Diego) and a lawsuit will be filed for your continued fraudulent behavior? That way there will be no suprises when you are disbarred!
Be advised, if we do not get reimbursed by the end of this week, we will pay your office a visit located at City Attorney 1200 Third Avenue, Suite 1100, SD, CA, 92101 with a police escourt.
Steve K
VICTIMS OF A CRIMINAL BY THE NAME OF “CLEO MELONE” AND CITY ATTORNEY “MICHAEL AGUIRE!”
August 11, 2008 - 9:37 am at 9:37 am
Does anyone know what is going on in this case currently? What is the update on this case? Are Steve & Joandark Kassab back in jail or are they appealing the case and suing all the attorney’s again? Its funny how they try to sue everyone to waste time so they won’t go to jail. I guess they figured out a way to slow the process and waste the everyones time. What is the update on the case???
August 11, 2008 - 11:19 am at 11:19 am
Why don’t you ask the attorneys and the City of San Diego this question, “Do you have any idea how much suffering that you have caused the Kassab family?”
Freedom is preserved in that each person makes his or her own free choice to determine their destiny. Evil (government) is overcome in that once those who reject it are separated from the others, the decisions of all are honored and made permanent.
Steve K.
Ps. HAPPINESS IN COMING!
August 11, 2008 - 8:41 pm at 8:41 pm
Your suffering is caused by you breaking the laws and committing crimes its not the city of san diego’s fault that you violate the laws and think you are above them. When you continue breaking the laws you have to pay the price. The fact that you try to act like a victim just tells everyone that you are ignorant and can’t take the truth.
p.s
your happiness will be in prison till you learn your lesson and stop breaking the laws
August 11, 2008 - 8:50 pm at 8:50 pm
Hey Steve kassab,
What is the current status of your appeal case? Did they give you any money back? What are you doing about your appeal?? Are you gonna try to go for a retrial ??
September 3, 2008 - 9:53 pm at 9:53 pm
I think Steve and Joandark kassab and their whole family are back in jail again for breaking the laws again.
September 16, 2008 - 8:42 pm at 8:42 pm
Iell the City of San Diego and the PLAYER HATERS I accept payment in cash, personal check, certified check, money order, and all major credit cards. To pay by credit card or if you have any questions, please call me at the telephone number list at the ABC Smoke Shop, Inc.
If any one goes to jail it will be you PLAYER HATERS because we are innocent. Our psychatrist, says, “don’t hate the player just hate tha game.”
YAHHH!
Ps. tobacco pipes are being sold as you post in other smokeshops so stop your discrimination NOW!
September 17, 2008 - 6:43 pm at 6:43 pm
STEVE KASSAB IS A JOKE AND A CRIMINAL WHO THINKS HE IS FUNNY…
LOOKS LIKE HE WILL BE SPENDING MORE TIME IN PRISON JUDGING FROM ALL THE ORDERS FILED WITH THE SD ATTORNEYS OFFICE
LOL
September 19, 2008 - 12:35 am at 12:35 am
You all must have nothing better to do but to blog about this issue. This includes you, Steve Kassab. You all are losers and have time on your hands. Who cares what happens to Steve. If he chooses to sell crack pipes, let him do so and get in trouble. He knows it is wrong to sell it, and he knows what the price will be if he sells it once more. So let this college graduate decide his destiny. Why do all of you guys care? Worry about the larger things in life, such as your familes, your jobs, and your health. Steve, you must love to speak.. look at all your comments on this blog, you go on and on and there is no stop. You are in la la land, if you think you can win the Judicial system. IT WILL NEVER HAPPEN– SO GIVE IT UP… get a life, all of you…
September 19, 2008 - 11:19 pm at 11:19 pm
He is not a college graduate but a high school drop out
September 19, 2008 - 11:30 pm at 11:30 pm
Illegal Drug Sales
California’s State Health & Safety Code defines all items of drug paraphernalia as illegal. The recent prosecution of the owner of the ABC Smoke Shop Steve and Joandark Kassab and the conviction on 23 counts of selling drug paraphernalia speaks for itself; people in San Diego County are fed up with the proliferation of paraphernalia sales and the blatant in-your-face illegal items found in so-called, smoke shops. The jury conviction is the result of a two year investigation and the seizure of over 600 pipes used for methamphetamine and crack cocaine. The owners, Joandark Kassab and her son, Steve Kassab face up to 10 years in prison, Aguirre announced at a recent press conference. Enforcement operations focusing on the hard drug paraphernalia in East County continue,after over 12,000 meth pipes were seized in 2006-2007 in Spring Valley, Lemon Grove, El Cajon and ImperialBeach by the District Attorney’s office. When it comes to the law, there is little distinction between differentkinds of illegal drug paraphernalia and community groups county-wide are looking forward to closing downall the head shops county-wide.
September 26, 2008 - 12:29 pm at 12:29 pm
How many lives is the City of San Diego going to ruin with thier arrogance and eccentric legal theories. Tabacco Pipes are just that TABACCO PIPES. The question should be why does the City of San Diego continue to issue licenses to the manufactures of these products and to the smoke shops in San Diego?
Because these tobacco paraphernalia are not illegal period.
The primary reason, The East County geographic areas were targeted in 2006-2007 in Spring Valley, Lemon Grove, El Cajon and ImperialBeach by the District Attorney’s office was for the sole reason of DISCRIMINATION AGAINST ARAB AMERICANS.
At this point we will only communicate with people who are business wise and we will not interested in any unfounded and false accusations from you as you have become more and more unreasonable and irrational since the outcome of this completely frivilous criminal case.
||||||||||||||||||||||||||||||||\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\
For once, you need to subordinate your fragile egos to the best interests of your family and friends.
/////////////////////////////////////////////////////////////////////
STEVE KASSAB
PS. HAPPINESS IS COMING!
September 26, 2008 - 11:53 pm at 11:53 pm
STEVE KASSAB (YOUR HAPPINESS IS DEFINITELY COMING)
YOU WILL BE VERY HAPPY IN A PRISON CELL WITH ALL YOUR CRACK SO YOU CAN SMOKE IT ALL INSTEAD OF SELLING IT TO THE BLACKS AND MEXICAN’S
YOU RACIST
September 26, 2008 - 11:57 pm at 11:57 pm
The primary reason, The East County geographic areas were targeted in 2006-2007 in Spring Valley, Lemon Grove, El Cajon and ImperialBeach by the District Attorney’s office was for the sole reason of Selling Drugs WHICH IS ILLEGAL
Not for the reasons you listed
Stop breaking the laws if you can’t handle the truth
October 2, 2008 - 3:11 pm at 3:11 pm
Attention City Attorney Micheal Uglery,
This is reason why the judge ordered SDPD and the CITY OF SAN DIEGO to produce all the internal affair reports FOR DISCRIMINATION against these same corrupt and dishonest officers of San Diego Police Department! SEE DOCUMENT 78 BELOW on PACER.
Steve Kassab
Ps. The case against the court appoint public pretenders has been filed and now they will have to answer to me!
—– Original Message —–
From: efile_information@casd.uscourts.gov
To: bcc_only@casd.uscourts.gov
Sent: Monday, September 22, 2008 8:48 AM
Subject: Activity in Case 3:07-cv-01071-WQH-WMC Kassab v. San Diego Police Department et al Order
This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** There is no charge for viewing opinions.
U.S. District Court
Southern District of California
Notice of Electronic Filing
The following transaction was entered on 9/22/2008 at 8:48 AM PDT and filed on 9/19/2008
Case Name: Kassab v. San Diego Police Department et al
Case Number: 3:07-cv-1071
Filer:
Document Number: 78
Docket Text:
ORDER On Production Of Documents Following In Camera Review: The telephonic Discovery Conference presently set for 9/23/2008 is vacated. Signed by Magistrate Judge William McCurine, Jr on 9/19/2008. (mdc)
3:07-cv-1071 Notice has been electronically mailed to:
Daniel F Bamberg dbamberg@sandiego.gov, csandoval@sandiego.gov
Steve Kassab skassab007@hotmail.com
3:07-cv-1071 Notice has been delivered by other means to:
The following document(s) are associated with this transaction:
Document description:Main Document
Original filename:n/a
Electronic document Stamp:
[STAMP dcecfStamp_ID=1106146653 [Date=9/22/2008] [FileNumber=2850549-0
] [738b39d0e185e7adcc54d218e3347d8f634cd568a0e8f81abe666bda5034f077102
238bdab18546b05cf8d9e8f4948cdbfb99bed1d4057cfb0106d19ce914c62]]
October 8, 2008 - 9:59 pm at 9:59 pm
The primary reason, The East County geographic areas were targeted in 2006-2007 in Spring Valley, Lemon Grove, El Cajon and ImperialBeach by the District Attorney’s office was for the sole reason of Selling Drugs WHICH IS ILLEGAL
Not for the reasons you listed
Stop breaking the laws if you can’t handle the truth
October 15, 2008 - 9:14 am at 9:14 am
By targeting Arab Americans– the plaintiffs, invading Plaintiffs’ privacy, illegally wiretapping plaintiffs’ phones, and treating the Kassabs like criminals SDPD and the City Attorney violated Plaintiffs’ Civil Rights (AGAIN!). Furthermore, do to the City Attorney Michael Ugliery’s political aspirations he is going around DISCRIMINATING against Arab Americans and the Kassabs family where they are highly populated in the City of San Diego. Make no buts about it, ABC Smoke Shop is just like any other smoke shop merchant in San Diego. In addition to this they mischaracterized the oil burners and other domesticated items seized in the police report and committed perjury, thus treating Arabs Americans like a criminals.
SEE INTERNAL AFFAIR REPORTS O DISCRIMINATION:
The documents listed below, as there were identified and bates stamped in the Defendants’ Privilege Log that was lodged with Judge McCurine’s chambers and served upon the Plaintiffs on August 15, 2008, will be produced by the Defendants subject to the provisions:
CM-IA-00002
CM-IA-00006 to CM-IA-00008
CM-IA-000011 to CM-IA-000015
CM-IA-000018 to CM-IA-000019
CM-IA-000027 to CM-IA-000036
CM-IA-000040 to CM-IA-000054
CM-IA-000056 to CM-IA-000057
CM-IA-000061 to CM-IA-000066
CM-IA-0000208 to CM-IA-0000251
CM-IA-0000254 to CM-IA-0000266
CM-IA-0000274 to CM-IA-0000293
CM-IA-0000295 to CM-IA-0000318
CM-IA-0000341 to CM-IA-0000343
CM-IA-0000357 to CM-IA-0000362
CM-IA-0000365 to CM-IA-0000369
CM-IA-0000372 to CM-IA-0000373
CM-IA-0000765 to CM-IA-0000376
CM-IA-0000380 to CM-IA-0000381
RH-SS-IA-00055 to RH-SS-IA-00051
RH-SS-IA-00060 to RH-SS-IA-00057
RH-SS-IA-00067 to RH-SS-IA-00063
RH-SS-IA-00076 to RH-SS-IA-00070
RH-SS-IA-00089 to RH-SS-IA-00085
RH-SS-IA-000103 to RH-SS-IA-000101
RH-SS-IA-000106 to RH-SS-IA-000104
RH-SS-IA-000110 to RH-SS-IA-000108
RH-SS-IA-000113 to RH-SS-IA-000124
RH-SS-IA-000133 to RH-SS-IA-000175
RH-SS-IA-000214 to RH-SS-IA-000219
RH-SS-IA-000222 to RH-SS-IA-000226
RH-SS-IA-000228 to RH-SS-IA-000229
RH-SS-IA-000231 to RH-SS-IA-000232
RH-SS-IA-000236 to RH-SS-IA-000239
REGARDS,
STEVE K
P.S.
JUDGE IAN GOLDSMITH IS GOING TO PUT CITY ATTORNEY MICHAEL ULGLIERS TO SLEEP ON NOV. 4, 2008!
October 15, 2008 - 10:29 pm at 10:29 pm
Steve kassab, you sound very bitter about the whole thing. I think you are turning around and saying its discrimination cause you thought you would never get caught. If you break laws you pay the price and it seems like you are indeed paying the price for all your crimes. So stop turning around and saying its discrimination. You obviously broke many laws and repeated it over and over again till they got so sick of you. You need to learn your lesson and stop repeating yourself. Prison will be a good place for you. You can cry all you want there and pretend that the city is discriminating against you. But the truth of the matter is that you are a criminal who needs to be punished and you need to learn a lesson for illegally selling drugs. I think you should be back in jail along with your whole drug selling, law breaking and God knows what else FAMILY. SO STOP CRYING DISCRIMINATION when it is you who is discriminating against everyone.
Steve kassab, STOP BEING A CRIMINAL!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
October 18, 2008 - 2:46 pm at 2:46 pm
In his complaint, Kassab in U.S. Federal Court also seeks
$2,500,000 in punitive and exemplary damages against the City of San Diego and SDPD, claiming that they “intentionally, wilfully, fraudulently, and maliciously” … “to defraud and oppress” The City of San Diego, and SDPD has not shown or even attempted to show that there is no triable issue .
The City Attorney Michael Ugliery pled forty-four affirmative defenses in his answer to complaint (did not file a demurrer or motion to strike in this case which remain live and valid.)
SDPD didn’t file any “undisputed material facts,” which are necessary for them to obtain its summary judgment. that all have been adjudged to not be valid defenses, and that as a result the City of San Diego and SDPD have no defense whatsoever remaining in the instant case, are completely untrue, completely disputed, and are false statements, claims and acts in furtherance of crimes being perpetrated by Kassab against The City of SAn Diego and SDPD. The City of San Diego signed the “contract i.e. licensing,” are unlawful writings or acts in furtherance of
egregious violations of U.S. Federal criminal civil rights statutes, specifically 18 U.S.C. §241 and § 242.
18 U.S.C. §241, “Conspiracy Against Rights,” states in pertinent part:
If two or more persons conspire to injure, oppress, threaten, or intimidate any person in any State, Territory, Commonwealth, Possession, or District in the free
exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;…
They shall be fined under this title or imprisoned not more than ten years, or both.
18 U.S.C. §242, “Deprivation of Rights Under Color of Law,” states in pertinent part:
Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any person in any State, Territory, Commonwealth, Possession,
or District to the deprivation of any rights, privileges, or immunities secured or protected by the Constitution or laws of the United States, … shall be fined under this title or
imprisoned not more than one year, or both.
Kassab’s complaint in this case, its “contract,” its earlier lawsuits against the City of San Diego and SDPD in this Court, its “judgment,” “OSCs re contempt,” “contempt orders,” “arrest warrants i.e. no such thing as misdemeanor search warrant” and now the
pending summary judgment motion are all unlawful because they all are in furtherance of these crimes.
18 more days and the City will be cleared of Attorney Micheal Ugliers unethical and illegal conduct because Judge Jan Goldsmith is going to fire everyone who worked with the Office of the City Attorney!
That’s right you’re all fired, SDPD FIRED , COURT APPOINTED PUBLIC PRETENDERS FIRED, CITY OF SAN DIEGO EMPLOYEES FIRED!
Steve Kassab
Ps. Member of the Arab American Freedom Society Which Hates Discrimination!
October 19, 2008 - 3:06 pm at 3:06 pm
CRACK CRACK KWACK KWACK = STEVE KASSAB
Steve kassab if you think everyone will get fired YOU ARE OFF YOUR ROCKER… YOU ARE ONE SICK MO FO AND VERY DELUSIONAL…
ONLY one discriminating and hatin is YOU
YOU ARE SO BITTER CAUSE U GOT BUSTED FOR SELLING CRACK…
WORD IS OUT
YOU ARE DONE and GOIN TO PRISON FOR A LONG TIME
October 20, 2008 - 8:16 am at 8:16 am
Aguirre said he was busting crack and meth pipes when the actual cease & desist letters he sent out were about bongs. Crack and meth pipes sound scarier to the public than bongs though. I’m glad Mike is comfortable telling lies, makes it easy not to vote for him.
October 22, 2008 - 4:13 pm at 4:13 pm
QUESTION: Did the City Attorney send any letters of seize and desist to the Manufacturers? Distributors? If so, please provide Copies of any and all agreements the City Attorney Mike Uglyery has with any distributor or manufactures of the merchandise seized.
The answer to the question will tell you that San Diego government is a joke! San Diego City Attorney Mike “The Weasel” Aguirre filed litigation against his own Office for “failing to act in a proper and constructive manner” and “willfully disregarding the people wishes and promoting hatred against Arab Americans in the City of San Diego.”
Aguirre left open the possibility of suing his Office for corruption and the need and cost of an investigation/examination.
Legal observers say it is most unusual to sue an Office one is head of. “I need to make sure,” Aguirre states,” that if I have to indict myself, I have protected my city pension from any legal attack upon it.”
The mayor needs to step up another notch and clean house.
I’ll help pack their bags!
Steve K.
PS. Arab America is ALIVE AND WELL!
October 23, 2008 - 10:16 am at 10:16 am
Crack Qwack = Steve kassab
October 23, 2008 - 10:19 am at 10:19 am
Steve you are the stinkiest most arrogant liquor store owner in the world. I go into your place and its smells like your stinky armpits. Well I am glad you got the shaft…there is nothing like watching you signal your customers in after you do a quick look around and let them into your “smoke shop”. After they buy their oil burners and paper roses they can buy a 12 pack of your old beer that you bought off of some diverter and then buy some of your bootleg smokes. Well I guess you won’t be allowed to sell paper roses in glass tubes anymore-darn those things were classy. Who in the hell would want to use such a pretty thing to smoke crack out of. Damn…I also am going to miss your oil burners-they were so practical. Why by a candle bowl oil burner when I can by one of yours. BTW who would use those to smoke meth? Those are oil burners aren’t they?
Your a disgrace to every decent hardworking Arab-American.
You racist asshole-why don’t you go sell your crack pipes in the Arab communities of El Cajon. Oh no you wouldn’t do that- you just want to sell your pipes to Mexicans and Blacks.
Stop selling crack you filthy skinky pig
Later you pig- I hope you get it good in jail
October 23, 2008 - 11:55 am at 11:55 am
City Attorney Mike Ugliery Is a Racist Asshole but you probably knew that already.
What I feel like saying is, ‘This to an Arab American citizen. Sir, prove to me that you are not.”
And no, I am not a racist, redneck, or camel jockey. I am a realist. The City Attorney’s office is so out of touch with reality it’s pathetic. And right up there at the top of racist assholes. That’s the way I feel, and I think a lot of Arab Americans feel that way and a lot of us feel the City Attorney Mike Ugliery should be fired.
As to the arm pits, Stink, and old beer, those statements were some that have come out of the mouths of supporters who have come to our store for the last 30 years. So I guess I’ll see you at the liquor store tonight (again!)
Why there isn’t any liberal voice out there to counter Steve Kassab’s view?
STEVE KASSAB FOR PRESIDENT!!!
Ps. 12 more days and counting for City Attorney Mike Ugliery and RACISM WILL STOP!
October 28, 2008 - 4:41 pm at 4:41 pm
Steve kassab for CITY Crack PIG
October 29, 2008 - 11:00 am at 11:00 am
Tricks are for kids.
If you change your mind then please don’t hesitate to vote for STEVE KASSAB FOR PRESIDENT!!!
Steve K.
Ps. City Attorney Michael Ugliery is a CITY Crack PIG.
October 29, 2008 - 5:36 pm at 5:36 pm
Vote for Steve kassab aka crack selling pig
LOL that is a joke
How can you be the president when you are not an American born or even a US citizen? You are nothing but a law breaking illegal immigrant who continues selling crack and breaking every law. You should stop your discrimination immediatedly before the feds get a hold of you and deport your ass back to where ever it is you claim that you came from, because it sure as hell is not San Diego.
It’s trash like you that gives this city and the US a bad name. So stop your bs before all your crimes catch up with you. Once the Feds get a hold of you will be singing a different tune in prison.
YOU RACIST CRACK SELLING PIG
once again
You have my VOTE FOR CITY CRACK SMELLY PIG
October 31, 2008 - 12:17 pm at 12:17 pm
Steve kassab aka fat, smelly, city crack pig Is a Racist Asshole but you probably knew that already.
What I feel like saying is, an American citizen. Sir, prove to me that you are not.”
Steve kassab aka…. You are the racist,
Steve kassab is on the top of the list for racist ass holes who claims other people are when he is indeed the one who puts down others who are trying to prevent him from breaking more laws and costing us Citizens for money cause they are too busy locking his ass up.
This is how I feel and I know that a lot of other people feel that way about him. Steve kassab should be jailed at once so he can stop committing crimes and so he can stop posting on this thread and wasting everyones time.
So go turn yourself in cause you don’t have a fighting chance.
STEVE KASSAB FOR CITY CRACK PIG IN PRISON.
P.S.
Are you stilling selling crack out of your crack shop or did you move it and are selling it out of your home now?
October 31, 2008 - 4:39 pm at 4:39 pm
No this butt crack or asshole is not for sale this is why I voted YES ON PROPOSITION 8. I have never sold this crack nor do I intend to do so because this butt crack is for exit only. However, since you like stinky smells, you might want to check out the butt crack in Hill Crest or in San Francisco, CA.
You see where your impracticle interpretation can led you into believing incorrect, unprecented, and without case law conclusions.
Regards,
Steve K.
Ps. (4) Four more days and City Attorney Michael Ugkiery will take you and his racist office with him.
November 2, 2008 - 8:54 am at 8:54 am
Steve kassab aka fat, smelly, city crack pig Is a a big fat (obese), Racist, Asshole, PIG but you probably knew that already.
This is What I feel like saying as an American citizen.
Steve kassab aka…. You are the racist,
Steve kassab is on the top of the list for racist ass holes who claims other people are when he is indeed the one who puts down others who are trying to prevent him from breaking more laws and costing us Citizens for money cause they are too busy locking his ass up.
This is how I feel and I know that a lot of other people feel the same way about him. Steve kassab should be jailed at once so he can stop committing crimes and so he can stop posting on this thread and wasting everyones time.
So go turn yourself in cause you don’t have a fighting chance.
STEVE KASSAB FOR CITY CRACK PIG IN PRISON.
P.S.
Are you still selling crack out of your crack shop or did you move it and are selling it out of your home now?
we got your address and your number so stop your crack selling you filthy pig
November 5, 2008 - 5:51 pm at 5:51 pm
MICHAEL AGUIRRE IS DONE! THE FALL OF MIKE AGUIRRE!
Why do you think Mike is always under attack from the UT, the pension reps, the developer controlled council and the city subsidized Chargers? Erratic, incompetent, obnoxious, half a legal-breif? paranoid and havoc wreaker are some recent descriptions of Mr. Agguire. He is fighting the wrong people in town…Interests, I might add, that do represent you or me…. Arab Business Owners.
Like views on religion, abortion, and gender issues, they’re personal, and no one’s business but your own.
Jan Goldsmith is now San Diego City Attorney. Yes, it’s time for a kinder, gentler, less angry, less reactive city Attorney to emerge. He sent Aguirre back to where he can be as big an asshole as he wants to be, and not at the expense of this fair city.
Aguirre thinks that, since he’s elected by the People of San Diego, his job is to put their interests first. So when landslides occur in La Jolla, his first thought is not how he can minimize the liability of a city government that might have acted with incompetence or negligence at the expense of citizens injured by said actions. He thinks his job is to find out the truth of the matter and hold City Hall accountable to the People. Yeah, his approach might make the city pay out more money in lawsuits at taxpayers’ expense. But it might also make City Hall more cautious and efficient so as to avoid doing dumb things—like approving a SMOKE SHOP LICENSE and then being on the cuff for the cost of not honoring the City of San Diego AUTHORIZED license in return for political support.
No more using the “C” word (as in “corrupt”) (as in “cracked”) to describe fellow elected officials unless and until you have enough real evidence to take to trial. No more threatening the local media with investigations every time you don’t like their editorial content. Oh, and try not to file suit against Santa for being overtly partisan—you know, bringing presents to only the good kids and all that. We should never tolerate discrimination and oppression. When Michael Ugliery was in office prejudice against Arab Americans increased when political events involve Arabs, or are even speculated to involve them, Arabs Americans need to be prepared to respond to possible harassment resulting from negative news reporting, and to invoke school policies against hate crimes and discrimination as appropriate
STEVE KASSAB
ELIMINATOR OF PREJUDICE AND DISCRIMINATION AGAINST ARAB AMERICANS IN (619) SAN DIEGO
November 7, 2008 - 10:41 am at 10:41 am
STEVE KASSAB YOU ARE ONE SICK MO FOO
November 10, 2008 - 10:43 am at 10:43 am
So, the point that I am making is as follows: IF YOU WANT TO FIGURE OUT WHY THE SYSTEM IS NOT WORKING, WHAT YOU NEED TO DO IS THIS: GO GET A MIRROR…LOOK IN THE MIRROR…THE ANSWER IS RIGHT IN FRONT OF YOU…, IT’S THE COLOR OF YOUR SKIN…YOU ARE AN ARAB AMERICAN, IT”S THAT TYPE OF THINKING WE DON”T NEED. FURTHERMORE, THE ANSWER IS…LOOK DEEPER…DEEPER…DEEPER…SEE IT, MY FRIEND, THE ANSWER IS THAT YOU…THE “YOU” BEHIND YOUR PREJUDICE-PARANOID EYES…”YOU” ARE THE REASON THAT THE SYSTEM ISN’T WORKING AGAINST ARAB AMERICANS BECAUSE THE SYSTEM DOES NOT WORK OUT WELL FOR PEOPLE WHO DO NOT TAKE RESPONSIBILITY FOR THEIR OWN ACTIONS.
Regards,
Steve K.
Ps. HAPPINESS IS TRUELY COMING NOW THAT CITY ATTORNEY MIKE UGLIERY IS GONE FOR GOOD!
November 11, 2008 - 5:33 am at 5:33 am
LIKE I SAID
STEVE KASSAB IS A MENTALLY CHALLENGED
November 13, 2008 - 9:47 pm at 9:47 pm
Drug crackdown
Steve Kassab was nowhere to be found when CityBeat covered City Attorney Mike Aguirre’s press conference announcing Kassab’s conviction on 23 counts of selling drug paraphernalia. But the ABC Smoke Shop clerk promptly commented on our coverage of his conviction in a slightly hazy post outlining his claims. Since Aguirre mentioned something at the press conference about a lawsuit filed by Kassab, CityBeat decided to clear the smoke and headed downtown to check out the court documents.
It turns out Kassab’s spat with the city has been bubbling over for more than two years. As he alluded to in his comment, much of his claims center on alleged discrimination by city officials, including San Diego police officers on multiple occasions. He filed a suit in summer 2006 against the cops and won a settlement for an incident at Mr. D’s Deli, which he managed at the time (and which happens to be located next to ABC). His complaint said officers approached the business after getting calls that people were drinking behind the building. Kassab told police the drinkers weren’t on his property, but, the court documents allege, the officers went beyond the call of duty and made inappropriate remarks and used intimidation. One even misrepresented himself as an investigator with the authority to shut down business operations, the records say. As an added bonus, Kassab also alleged the officers treated him poorly because he is very fat and smells like the sewers. He has been trying to sue the city since for years because he is angry with the city for arresting him for violating one law after another.
November 22, 2008 - 6:55 pm at 6:55 pm
RACE NO MORE A FACTOR
It’s crunch time now, so show me what you’re going to do or tell me what you’re going to do when you have to pay Steve Kassab a second check?
Your outgoing City Attorney Michael Aguirre’s idea for San Diego is to file for bankruptcy … that says a city official can’t take a job that conflict with his city job
Mayor Jerry Sanders accused City Attorney Mike Aguirre at a press conference of trying to again drive City Hall into a climate of chaos that eventually leads to bankruptcy.
Aguirre must be dealt with by swift and decisive council action or our great City will find itself in even more peril than it presently is. It is my strongly held belief that pursuit of this reckless course would expose San Diego taxpayers to millions of dollars in liability and would set our city on a course that could very well lead to contempt of court.
Perhaps (you ) SD News Flash believe that a bankruptcy proceeding would provide you with enhanced influence to policy decisions currently outside your authority.
This will not happen. If bankruptcy is your goal, then be honest about it and stop the game-playing that is wasting my time and taxpayer money and pay me for my damages i.e. Civil Rights And Discrimination NOW!
Regards,
Steve K
November 23, 2008 - 7:31 pm at 7:31 pm
GO BACK TO PRISON STEVE KASSAB
THE CITY WILL BE BETTER OFF WITH OUT YOU
November 24, 2008 - 9:05 pm at 9:05 pm
Is this guy steve kassab still in jail or did he use some of his drug money to post a bond?
November 28, 2008 - 2:03 am at 2:03 am
RE:/ When The Evidence Lies !
Ok, if you have some proof that I committed any crime, lets see it… Oh…I see. You’re jealous that you didn’t get any of the loot News Flash. For your information jail is not for inoccent people like the Kassabs.
Have you read the paper lately? Since DNA has been used in recent years, many innocent people have been freed. I do believe that the US judicial system is in the business of making money–not providing justice (that is secondary). I do believe innocent people are jailed and imprisoned all the time…..
As long as cops lie and prosecutors like Deputy City Attorney Makini Hammond and outgoing City Attorney Mike Ugliery withhold evidence, innocent Arab Americans do go to jail. Sad but true and they deserve real compensation, not from the taxpayer but from those who caused the imprisonment. Most importantly, why do you think Dumped City Attorney Mike Ugliery wants the City to file bankruptcy? Because he thinks the city would not have to pay compensation to those wrongfully convicted.
I hate to see a guilty person get off, but I am more saddened to discover that my government imprisoned a person unjustly. Right now, I still support the “better a guilty man go free than an innocent man convicted of a crime he did not commit” phrase.
I don’t mind paying for mine, but not someone else’s. Especially when there was no evidence that a crime was committed. No police report filed, no video taped evidence in the video taped room? No witnesses, just the prosecutors people getting caught lying under oath. This costs tax payers a lot of money just to force someone off a job because he is not one of the boys!! Fabricate a story o try to publicly destroy the person in question, take the guy off the job with no pay (so he cant pay a lawyer) Think the guys going to have and go away. BAMMM it back fires in your face now people will know how San Diego City Attorney and Mike Ugliery county prosecutors office really works
The problem is with police who get to act with impunity and society who assumes police are [nearly] always right. The result is anyone who pisses a cop off or seems suspicious at all gets screwed.
Juries believe cops are experienced and well-intentioned so suspects end up having to prove innocence rather than commonwealth having to prove guilt.
Cops realize how many convictions they need and start thinking their decisions are infallible or never get in trouble when they do wrong and think their methods are usually acceptable
Wow…please tell City Attorney Mike Ugliery that Discrimination and Civil Rights violations are not bankruptable and that the Kassabs will get compensation for their innocence
Regards,
Steve K.
Ps. if you have some proof that I committed any crime, lets see it… … Oh…I see. You’re jealous
November 28, 2008 - 1:50 pm at 1:50 pm
LOL
Steve k assab
YOU ARE ONE SICK MO FO FREAK !!!!!!!!!!!!!!!!!!!!
November 30, 2008 - 12:53 am at 12:53 am
THE NEWS OF YOUR CRIME WAS YOU WERE FOUND GUILTY BY THE JURY (THE PEOPLE OF SAN DIEGO) of selling drugs and went to jail and now your out on a bond from the drug money you have been putting away illegally….
November 30, 2008 - 12:54 am at 12:54 am
PROOF IS YOU GOT BUSTED MORE THAN ONCE AND HAVE BEEN JAILED NUMEROUS TIMES FOR DRUGS…..
November 30, 2008 - 7:47 pm at 7:47 pm
RE: /Trap in the art of seeing is tunnel vision (i.e. PIPE VISION).
News Flash your mind and sight tunes out and does not even register. Your mind has given you the message of “I have driven this route so many times that there really is nothing to see any more on this route. So why bother to pay attention.
Do you realize how many smoke shops you’ve missed when you even take a walk around the neighborhood? A walk that you have taken numerous times, there is so much going on in smoke shop every time you take that first step out of your house.
Worse than that, for some reason, judging by your visibility of PIPE VISION. You obviously are suffering from a mental incapacity brought on from old age.
A rational person doesn’t fall for the same scam 3 times in a row. That’s why I am about to be the richest man in San Diego. Are going to publish me in the papers when I receive my second check from the City of San Diego (i.e. THIS TIME THERE WILL BE NO DISCOUNTS!!!)
The malfunctioning your eye contains a message. Let your eyes speak, as I do, to the way you are meant to correctly lead your life according to your true vision, orchestrated from your true self.
Regards,
Steve K.
Ps. Blind men probably see more smoke shops in San Diego than you can; why then are you so blind?
December 1, 2008 - 10:11 pm at 10:11 pm
ONLY PLACE STEVE KASSAB IS GOING IS TO PRISON
AND THIS TIME THEIR WON’T BE A BOND HE CAN STEAL MONEY FROM INOCENT PEOPLE TO BAIL HIMSELF. THIS GUY IS A QUACK ON CRACK IF HE THINKS HE WILL GET A DIME. YOU WILL BE RICH IN PRISON WHEN BIG BUBBA GIVES IT TO YOU EVERY NIGHT… LOL
December 1, 2008 - 10:15 pm at 10:15 pm
This is too funny
this guy thinks he will sue the city and that he won’t go down. what a joke… steve you will lose cause the city will win cause they have found you guilty by a jury and you were convicted. So take it like a man and do the prison time before they increase your prison time to 10 years and up.
December 1, 2008 - 10:48 pm at 10:48 pm
BEFORE THE ALCOHOLIC BEVERAGE CONTROL APPEALS BOARDOF THE STATE OF CALIFORNIA AB-8275 File: 21-320578 Reg: 03055039
GEORGE M. KASSAB and JOANDARK A. KASSAB, dba Mr. D’s Liquor & Deli 4101 Market Street, San Diego, CA 92102,Appellants/Licenseesv. DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL, Respondent Administrative Law Judge at the Dept. Hearing: Rodolfo Echeverria Appeals Board Hearing: February 3, 2005 Los Angeles, CA ISSUED FEBRUARY 11, 2005 George M. Kassab and Joandark A. Kassab, doing business as Mr. D’s Liquor & Deli (appellants), appeal from a decision of the Department of Alcoholic Beverage Control which revoked their license, but stayed the revocation for a one-year probationary period, and suspended their license for 30 days for appellant George Kassab and his son, Steve Kassab, selling drug paraphernalia, as defined in Health and Safety Code section 11014.5, to a Department investigator, in violation of Healthand Safety Code section 11364.7, subdivision (a).Appearances on appeal include appellants George M. Kassab and Joandark A.Kassab, representing themselves, and the Department of Alcoholic Beverage Control,appearing through its counsel, John W. Lewis.
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AB-82752 The air freshener is a small glass tube, 3 to 4 inches long, filled with a scentedliquid, with a screw cap on one end. The capped end of the tube is stopped up with asmall pad of absorbent material that keeps the scented liquid inside, but allows thescent to escape as the liquid evaporates.2FACTS AND PROCEDURAL HISTORYAppellants’ off-sale general license was issued on June 17, 1996. On June 10,2003, the Department filed an accusation against appellants charging that, on October23, 2001, appellants’ agent, Steve Kassab, sold drug paraphernalia to a Departmentinvestigator, and on October 24, 2001, appellant George Kassab sold drugparaphernalia to the same investigator.At the administrative hearing held on January 8, 2004, documentary evidencewas received, and testimony concerning the violations charged was presented byDepartment investigator Luis Madriz, San Diego police detective Steven Riddle,appellants George and Joandark Kassab, and their son, Steve Kassab.The testimony established that on October 23, 2001, investigator Madriz, in anundercover capacity, entered appellants’ premises with Juan Smith, who works for alocal drug rehabilitation center. Madriz selected a bottle of Miller High Life beer and abottle of Dos Equis beer from the beer cooler and took them to the counter where aclerk, later identified as Steve Kassab (Steve), was on duty. Smith asked Steve for a”rose hookup.” Steve said he didn’t have the roses, but he had the air fresheners.2Steve asked if they wanted the air freshener instead, and Madriz asked “if the airfreshener would work.” Steve told him that “everybody uses it to smoke stuff,” soMadriz said that would be fine. Steve put an air freshener into a small brown paper bagand also put in a Chore Boy copper scouring pad and a disposable lighter, even thoughneither Smith nor Madriz had asked for them. The air freshener came from a display on
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AB-82753the counter, and the Chore Boy and the lighter both came from areas behind thecounter not accessible to customers. Madriz paid $11.50 for the items in the bag andthe two beers, and he and Smith left.The next day, October 24, 2001, Madriz and Smith again went to the premisesand Madriz took a King Cobra Malt Liquor from the cooler. He took it to the counter,where co-licensee George Kassab (George) was on duty. Smith asked George for a”brown bag hookup,” and George asked if he needed a lighter and a Chore Boy. Smithsaid he did, and George put an air freshener, a lighter, and a Chore Boy into a smallbrown paper bag. Madriz paid $10 for the beer and the items in the bag. A few hours later, investigators returned to the store and issued citations to bothSteve and George. Madriz also seized the box displaying the air fresheners and thebox of Chore Boy scouring pads.Madriz testified, based on his experience and training in narcotics enforcement,that a “rose hookup” and a “brown bag” were synonymous terms referring to acombination of items, usually a small glass tube, a cigarette lighter, and a copperscouring pad, used to smoke rock or crack cocaine.At the hearing, detective Riddle, a narcotics expert, testified that the term “brownbag” referred to a rock cocaine smoking kit. He also testified that an air freshener, alighter, and a copper scouring pad, collectively, had no use of which he was awareother than for ingesting rock cocaine, although individually, each had legitimate, legaluses. Riddle described how the glass tube of air freshener could used to smoke rockcocaine: the tube would be emptied, opened at both ends, and a small piece of copperscouring pad would be placed in one end to hold a piece of rock cocaine and to spreadthe heat when the cigarette lighter was used to light the rock cocaine.
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AB-82753Appellants expressed concern, in correspondence and at oral argument, thatthe Appeals Board had not received all the exhibits in this case, noting that theirPetition for Reconsideration and its supporting declarations and exhibits were notincluded on the list of exhibits. These documents, however, are all contained in the filetranscript from the Department. 4Subsequent to the hearing, the Department issued its decision which determinedthat the violations had occurred as charged in the accusation. Appellants filed anappeal making the following contentions: 1) The findings are not supported by theevidence; 2) the ALJ improperly disregarded a videotape that proved the investigatordid not make a purchase; 3) the Department charged appellants with a violation beforeBusiness and Professions Code section 24200.6 became effective; and 4) appellantswere entrapped.DISCUSSIONIAppellants contend the findings are not supported by the evidence. They arguethat Madriz could not have purchased a Dos Equis beer because they did not carry thatbrand, that Madriz did not obtain a receipt verifying his purchases, and that in atranscript of a police interview with Juan Smith, Smith never mentions appellants’premises as the site of one of his undercover operations. These things, appellantsassert, show that the findings are not supported by the evidence. They also contend noevidence was presented showing that Steve and George knew that the items sold couldbe used as drug paraphernalia.3When an appellant charges that the findings in a Department decision are notsupported by the evidence, the Appeals Board’s review of the decision is limited todetermining, in light of the whole record, whether substantial evidence exists, even if
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AB-82755contradicted, to reasonably support the Department’s findings of fact, and whether thedecision is supported by the findings. (Cal. Const., art. XX, § 22; Bus. & Prof. Code, §§23084, 23085; Boreta Enterprises, Inc. v. Dept. of Alcoholic Bev. Control (1970) 2Cal.3d 85 [84 Cal.Rptr. 113].) “Substantial evidence” is relevant evidence whichreasonable minds would accept as reasonable support for a conclusion. (UniversalCamera Corp. v. Labor Board (1951) 340 U.S. 474, 477 [95 L.Ed. 456, 71 S.Ct. 456];Toyota Motor Sales U.S.A., Inc. v. Superior Court (1990) 220 Cal.App.3d 864, 871 [269Cal.Rptr. 647].) In making its determination, the Board may not exercise itsindependent judgment on the effect or weight of the evidence, but must resolve anyevidentiary conflicts in favor of the Department’s decision and accept all reasonableinferences that support the Department’s findings. (Kirby v. Alcoholic Bev. Control App.Bd. (1972) 7 Cal.3d 433, 439 [102 Cal.Rptr. 857]; Kruse v. Bank of America (1988) 202Cal.App.3d 38, 51 [248 Cal.Rptr. 271]; Bowers v. Bernards (1984) 150 Cal.App.3d 870,873-874 [197 Cal.Rptr. 925]; Lacabanne Properties, Inc. v. Dept. of Alcoholic Bev.Control (1968) 261 Cal.App.2d 181, 185 [67 Cal.Rptr. 734]; Gore v. Harris (1964) 29Cal.App.2d 821 [40 Cal.Rptr. 666].)It is the province of the ALJ, as trier of fact, to make determinations as to witnesscredibility and to resolve any conflicts and inconsistencies in their testimony. (Sav-OnDrug Stores, Inc. v. Superior Court (2004) 34 Cal.4th 319, 334 [96 P.3d 194; 17Cal.Rptr.3d 906]; Lorimore v. State Personnel Board (1965) 232 Cal.App.2d 183, 189[42 Cal.Rptr. 640]; Brice v. Dept. of Alcoholic Bev. Control (1957) 153 Cal.App.2d 315,323 [314 P.2d 807].) The Appeals Board will not interfere with those determinations inthe absence of a clear showing of an abuse of discretion.
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AB-82756Appellants rely for this contention almost entirely on their own version of thefacts, which the ALJ rejected in Finding of Fact VI:The testimony of Respondent George Kassab and the testimony ofRespondents’ son, Steve Kassab, were found to be self-serving and notcredible. This credibility determination was made after considering thefactors set forth in Evidence Code Section 780, including demeanor, thecapacity to recollect and the existence or nonexistence of a bias or motive.Madriz testified that he purchased a bottle of Dos Equis beer when he was inappellants’ premises on October 23, 2001. Appellants assert that this cannot be truebecause they do not carry that brand of beer, as shown by Exhibit C, titled “InvoiceDetail Inquiry.” This appears to be a listing of alcoholic beverage purchases appellantsmade during 2001 from an unnamed distributor. Appellants are correct; Dos Equisdoes not appear on the list. However, neither does King Cobra Malt Liquor, the brandMadriz purchased on October 24, 2001. Yet appellants have not alleged that they didnot carry King Cobra. We have no way of knowing if this was the only distributorappellants purchased from or who this distributor is. This is not “the sort of evidence onwhich responsible persons are accustomed to rely in the conduct of serious affairs,” asrequired by Government Code section 11513, subdivision (c). The ALJ was notpersuaded by this, and neither are we. Even if appellants had proved that they did notcarry Dos Equis beer at that time, that would not necessarily mean that the Departmentwas using evidence from another case in this one.The transcript of Juan Smith’s interview with police, which appellants believesupports their position that the findings are not supported by the evidence, is not part ofthe record and is, therefore, unavailable for the Board’s consideration. Contrary to appellants’ assertion, there is evidence showing they knew the itemscould be used as drug paraphernalia. To constitute a violation, the law requires that the
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AB-82757items be “marketed for use” as drug paraphernalia by the seller, and that the sellerknew, or reasonably should have known, the items were going to be used to ingestnarcotics. Both requirements were satisfied in this case.Health and Safety Code section 11364.7, subdivision (a), makes it amisdemeanor for anyone to deliver drug paraphernalia, “knowing, or undercircumstances where one reasonably should know, that it will be used to . . . ingest,inhale, or otherwise introduce into the human body a controlled substance.” Subdivision (d) states that violation of any of the preceding subdivisions of section11364.7 constitutes grounds to revoke any business or liquor license. Health and Safety Code section 11014.5, subdivision (a), defines “drugparaphernalia” as items “designed for use or marketed for use, in . . . ingesting,inhaling, or otherwise introducing into the human body a controlled substance.” Subdivision (b) states:For the purposes of this section, the phrase “marketed for use” meansadvertising, distributing, offering for sale, displaying for sale, or selling in amanner which promotes the use of equipment, products, or materials withcontrolled substances. Whether an item is “marketed for use” as drug paraphernalia is determined”solely from the viewpoint of the person in control of the item, i.e., the . . . seller, withoutreference to a third person’s state of mind.” (People v. Nelson (1985) 171 Cal.App.3dSupp. 1, 11 [218 Cal.Rptr. 279].) If that pre-existing intent is shown on the part of theseller, then a violation of Health and Safety Code section 11364.7 occurs when he orshe sells the item “knowing, or under circumstances where one reasonably shouldknow, that it will be used” with a controlled substance.
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AB-82758The Board addressed these issues in a similar case, Jitlada & Sirivat, Inc. (2001)AB-7616. What the Board said there is equally applicable in the present matter: This case presents an issue which the Board has considered inearlier cases, and that is whether the item in question, one which mayhave both legitimate uses and illegitimate uses, was marketed asnarcotics paraphernalia. Two of those earlier cases (Mbarkeh (1998) AB-6882 and Harper (1998) AB-6984) concluded that the charged violationcould not be sustained in the absence of proof of a pre-existing intent tomarket the item or items in question for narcotics usage, despiteknowledge of the buyer’s intended use. Those cases, in turn, followed theholding to that effect in People v. Nelson, supra.The Board affirmed the decisions of the Department in otherappeals in which drug paraphernalia violations were charged. In all thesecases, the officer or investigator involved asked for something with whichto smoke rock cocaine and was provided with, or directed to, the sametype of glass tubes containing flowers as are involved in the presentappeal. In Hinnant (10/18/99) AB-7101 and Zakher (12/21/99) AB-7211,the clerks got the glass tubes from behind or under the counter inresponse to requests for crack pipes. In Chang (1/ 21/98) AB-6830, theclerk first pointed to a display of tobacco pipes, but when the officer saidthat wasn’t what he wanted, the clerk pointed to a display of the glasstubes on the counter and said ‘This one over here.’ The clerk inSouthland, Assefa, and Woldermariam (11/3/99) AB-7176, not onlypointed to the glass tubes, but took one out and demonstrated how it wasused to smoke crack. In each of these cases the Board found that the clerk showed hisalready existing intent to sell the tubes for use with a controlled substanceby his unprompted response to a request for something with which tosmoke rock cocaine. In addition, the request of the officer clearly showedthat it was at least highly likely that the buyer of the item would use it to’ingest, inhale, or otherwise introduce into the human body a controlledsubstance.’ The present appeal is essentially indistinguishable from the four appeals noted inJitlada & Sirivat, Inc., supra, where the Board affirmed the Department’s decisions. Theevidence shows that Steve and George offered the combination of items to theinvestigator in response to the investigator’s request for a “rose hookup” or a “brownbag” without any prompting or suggestion from the investigator that he wanted thosespecific items. This is a case where the sellers indicated by their responses that they
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AB-82754Having viewed the videotape, the Board must agree with the assessment madeby attorney Lewis. 9already intended to sell the objects for drug use. This brings the air freshener/lighter/scouring pad combination within the Health and Safety Code section 11014.5 definitionof drug paraphernalia. Because Steve and George sold them under circumstanceswhere one reasonably should have known that the objects would be used with acontrolled substance, they violated Health and Safety Code section 11364.7.We conclude that the findings are supported by substantial evidence.IIAppellants contend the ALJ improperly disregarded a videotape that proved theinvestigator did not make a purchase. They state that the ALJ did not review the storesurveillance tape covering the relevant days and did not refer to the tape in the decision.Department attorney John Lewis reviewed the tape after appellants revealed itsexistence during the hearing. The ALJ asked him to repeat for the record what he hadsaid while off the record about viewing the tape [RT 158-159]:MR. LEWIS: Yes, Your Honor. What I saw was a split screen,which actually is four different camera angle views on the tape. And thequality of the video is so poor, I can barely make out what’s on it.The dates are partially readable on some of the frames, and itbegins, I believe, on 10-21. I don’t know exactly where and when it endsas far as the date that’s stamped on there because I didn’t go that far.Quite frankly, I was unable to discern anything from the video itself.The videotape was admitted into evidence as Exhibit L and the ALJ said that he would”try to view it and see if there is anything helpful from it.” Although the decision does not mention the videotape, that does not mean theALJ ignored it. The ALJ is not obligated to discuss every evidentiary item. He may wellhave found that it was not particularly helpful4, but he was not required to say so.
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AB-827510IIIAppellants contend the Department has not proceeded in the manner requiredby law because it charged appellants with a violation before Business and ProfessionsCode section 24200.6 became effective. Section 24200.6, effective January 1, 2003,provides:The department may revoke or suspend any license if the licenseeor the agent or employee of the licensee violates any provision of Section11364.7 of the Health and Safety Code. For purposes of this provision, alicensee, or the agent or employee of the licensee, is deemed to haveknowledge that the item or items delivered, furnished, transferred, orpossessed will be used to plant, propagate, cultivate, grow, harvest,compound, convert, produce, process, prepare, test, analyze, pack,repack, store, contain, conceal, inject, ingest, inhale, or otherwiseintroduce into the human body a controlled substance, if the departmentor any other state or local law enforcement agency notifies the licensee inwriting that the items, individually or in combination, are commonly sold ormarketed for that purpose. Appellants contend they had no notice the items in question could be used as drugparaphernalia until after this section became effective.Section 24200.6 provides that, if he or she has been notified in writing that anitem or combination of items are used as drug paraphernalia, a licensee is deemed tohave knowledge that the item or combination of items is drug paraphernalia. Thesection appears to have created a rebuttable presumption of knowledge dependentupon written notice.This does not mean, however, that licensees are immune from prosecution untilthey receive written notice. Health and Safety Code sections 11014.5 and 11364.7have been in effect since the early 1980’s. Before section 24200.6 was effective, tosustain an accusation, the Department had to prove the licensee knew that an item wasusable as drug paraphernalia and that it had been marketed as such. Section 24200.6
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AB-827511did not make any change in the law except to create a presumption in certain situations,thus relieving the Department from always having to prove that the licensee knew theitem was used as drug paraphernalia and marketed it as such. IVAppellants contend they were entrapped because the investigator told Steve andGeorge to place the items in a brown paper bag, thereby causing them to “prepackage”the items as drug paraphernalia. The California Supreme Court stated the test for entrapment in People v.Barraza (1979) 23 Cal.3d 675, 689-690 [153 Cal.Rptr. 459]:We hold that the proper test of entrapment in California is the following: was the conduct of the law enforcement agent likely to induce a normallylaw-abiding person to commit the offense? For the purposes of this test,we presume that such a person would normally resist the temptation tocommit a crime presented by the simple opportunity to act unlawfully. Official conduct that does no more than offer that opportunity to thesuspect – for example, a decoy program – is therefore permissible; but it isimpermissible for the police or their agents to pressure the suspect byoverbearing conduct such as badgering, cajoling, importuning, or otheraffirmative acts likely to induce a normally law-abiding person to committhe crime. (Fn. omitted.)There was no allegation in the accusation of any “prepacking” of the items. Norwas there evidence introduced at the hearing of the badgering, cajoling, or importuningcondemned by the Court in Barraza, supra. Appellants have not shown that theinvestigator entrapped them.VAppellants also raised several challenges to the constitutionality of the Healthand Safety Code sections involved. Article III, section 3.5, of the California Constitutionprohibits administrative agencies, such as this Board, from declaring a statuteunconstitutional, unless a court has determined that such statute is unconstitutional.
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AB-82755This final order is filed in accordance with Business and Professions Codesection 23088, and shall become effective 30 days following the date of the filing of thisorder as provided by section 23090.7 of said code. Any party, before this final order becomes effective, may apply to the appropriatecourt of appeal, or the California Supreme Court, for a writ of review of this final order inaccordance with Business and Professions Code section 23090 et seq.12Under the circumstances, we do not consider appellants’ constitutional challenges. Wenote, however, that Health and Safety Code sections 11014.5 and 11364.7 have beenfound not to be unconstitutionally void for vagueness. (People v. Nelson, supra.) We find that the numerous other issues mentioned by appellants are withoutmerit.ORDERThe decision of the Department is affirmed.5TED HUNT, CHAIRMANE. LYNN BROWN, MEMBERALCOHOLIC BEVERAGE CONTROLAPPEALS BOARD
December 2, 2008 - 2:41 pm at 2:41 pm
RE:/ MIKE UHGLIERY KICK TO THE CURB!
The California Rules of Professional Conduct 3-110 state that,” a lawyer cannot take a position in litigation for purposes of harassing any person.” The San Diego County Bar Association Civil Litigation Rule 7 states that,” a lawyer should not pursue a position in litigation that is designed primarily to harass or drain the financial resources of the opposing party.”
We believe that the City Attorney Mike Ugliery should be about providing legal advise, not a payday for shakedown artists like him and deputy city attorney Makini Hammond.
I settled the civil rights and discrimination violation case without going to trial, however, he is harassing my parents business now.
He filed a claim in superior court against us stating that he experienced several complaints against the store, when they you and I know that he doesn’t smoke tobacco. (he never patronized us at all).
He is going around looking for money to steal from businesses so he can get his “crack” on the way out of office. I am looking forward to an honest, ethical, and competent person who can assist/represent San Diego in such litigation. One more week and City Attorney Mike Uhgliery will be kick to the curb.
SEE YAH MIKE and take NEWS FLASH WITH YAH.
STEVE K.
Ps. News flash if you believe everything ABC DEPT. tells than you than you are in for a complete surprise. First , why don’t you ask them where they got DOS EQUIS BEER from when Mr. D’s never stocks or sells it?
Answer: Evidence lies!
December 2, 2008 - 9:24 pm at 9:24 pm
hey steve k
what is going on now? Why did you settle in your case? Did you get any monetary settlement? Why is he filing a case against you now?
December 2, 2008 - 9:26 pm at 9:26 pm
STEVE KASSAB YOU MEAN YOU DIDN’T HAVE A CASE AGAINST THE CITY AND IT WAS DISMISSED LOL
December 4, 2008 - 8:06 am at 8:06 am
The Evidence does NOT Lie when you get busted with 600 CRACK PIPES. LOLLLLLLLLLLLLLLLL
December 4, 2008 - 1:26 pm at 1:26 pm
RE:/ So News Flash, where ARE those weapons of mass destruction?
If you think that they found crack pipes, do you also believe they found weapons of mass destruction too? In Iraq?
Apparently this wasn’t enough to justify the action to some people. They of course ignore the other long list of reasons, for not sending 300,000 people into their mass graves by president George Bush. Maybe they simply don’t care about that; maybe it’s not “their problem?”
Sometimes I think some people wouldn’t be satisfied even if found the evidence Lies! “written on it.”
City Attorney and most City of San Diego employees, have no problem admitting they were wrong no they just have to compensate the wronged.
Regards,
Steve K.
Ps. Hey NEWS FLASH (4) Four more day and your City Attorney Mike Ulglier will be launched to Dump Land! Maybe you can meet him there. so it can be a nice surprise.
December 4, 2008 - 10:36 pm at 10:36 pm
Steve k. you sound are a one sick wacko if you think finding 600 Crack Pipes in your crack shop isn’t enough evidence to show that you have been selling crack and all the contents for it for years. God only knows how much money you made off of selling drugs over the years. Now you are so bitter cause you got caught and you gotta give some money in court fees. LOL
In this case
Steve kasab
YOU ARE GUILTY !!!!!!!!!!!
Go smoke all the crack you got cause it won’t be that easy for you to sell in in San Diego anymore…
December 5, 2008 - 2:23 pm at 2:23 pm
The Evidence does NOT Lie when you get busted with 600 CRACK PIPES. LOLLLLLLLLLLLLLLLL
Where did you get that many crack pipes? And how many more crack pipes have you got ? Did they get them all or are their any left at crack shop or your house or shall we check your car next time???
December 5, 2008 - 6:29 pm at 6:29 pm
Re:/ “I would have no way of knowing I’m conducting a criminal act until I’m charged with it, because there is no clarity in the law,”
Also it is not defined in the law. Do you know why because it is too “difficult to interpret, or to define.”
Can you clarify your stance for us?
Strange: …there seems to be some real confusion about your position. Why don’t you ask your City Attorney Mike Uglier before he leaves office in three days where the crack pipes are.
I truly hope you will have sense enough to come in out of the rain of his self-induced controversy and recognize that you’re a lot more likely to persuade me to support him than he is to get the votes of those who press for him to betray his previously stated principles and will almost certainly abandon him at the ballot box anyway.
For now, you and him have a long way to go to convince others and me why wouldn’t the “evidence Lies” and why would it be “a good and accurate statement.”
Regards,
Steve K.
December 6, 2008 - 10:58 am at 10:58 am
Steve kasab
You are one sick mo fo
you keep repeating the same ole same ole poor me I’m a victim bs
stop your nonsense and wake up out of the delusional world you are in to reality
the reality is that you keep breaking the law and need to be punished severly for your crimes
and stop your rubbish about how bad the city attorney and the city are not treating you right
you have gotten away with breaking the law for far too long and need to be jailed for a long time.
So stop being a criminal and pay for ONCE for all the crimes you and your family have committed
and it looks like you are crying for the 600 crack pipes they took from you… LOL
December 6, 2008 - 11:01 am at 11:01 am
steve k
the evidence does not lie
you got busted with 600 crack pipes
Crack pipes are for CRAck QUACK WACK STEVE K
ENOUGH SAID
December 8, 2008 - 1:44 am at 1:44 am
RE:/ Absolutely. Evidently recipes Lies!
I think that you are playing the race card on me. And we now know, from memos from the campaign and everything, that City Attorney Mike Ugliery planned to do it along.
This wreckless blatant going against the will of the voters alone should have gotten this douche bags RECALLED.
I’m not going to play your games today. Go back and see what the question was, and what my answer was. You have mischaracterized it to get another cheap story to divert the American people from the real urgent issues before us, and I choose not to play your game today. I said what I said; you can go and look at the evidence. And if you’ll be real honest, you’ll also report what the question was and what the answer was.
And I pointed out that I did not do that. The book of Judges tells of a time when “every man did that which was right in his own eyes”(judges 17:6)
When you step back and look at the big picture, it is comical and terribly sad at the same time. Shows us how sinful by nature we truly are when we are choosing liars and trying to justify, the blatant liars is better (i.e. EVIDENCE LIES!)
We are dealing with politicians (i.e. Mike Ugliery) whom is like most lawyers in the San Diego City Attorneys Office are trying to get elected. And, they have been contradicting themselves on a nearly daily basis. Too bad Mike Uglier, your days are over. When you leave out of office today, don’t forget to take out the trash with you.
Because I see you are blind, so what you think is right is actually wrong. When the blind lead the blind, they both fall into the ditch. Make certain you have real wisdom God’s wisdom. Don’t allow the darkness to be your light.
Have a nice day.
Steve K.
December 8, 2008 - 8:20 am at 8:20 am
When he leaves office today he will definitly take the trash out with him cause YOU ARE THE TRASH OF SAN .
Selling crack and crack pipes is a crime in San Diego
P.S.
You were caught with 600 crack pipes
you must be on crack if you think that in itself isn’t a crime
LOL
and Steve K darkness is definitly your light if you think selling crack makes one to preach Gods word
cause you got Gods words all delusionalized to make you look decent when you are nothing but a criminal who is bitter cause he got caught.
now face it like a man and do your jail time… enough said to you steve k you are delusional
I will bring you some water when you are in prison
oh wait you smell like the sewers and will smell worse when you are in prison so I don’t want to visit you…
December 8, 2008 - 7:10 pm at 7:10 pm
In California, it’s not a crime to sell tobacco, which is a drug with tobacco pipes. Even with less than 28.5 grams of tobacco (i.e. that’s all that was ever found) HELLO!
When I take the trash (i.e. Mike Ugliery) out late tonight I will be only wearing undies! Isn’t undies just a funny word? I like skivvies too. ; ) You want to come and bring me that glass of water then?
Uglierry, a Dumbocrat was up for reelection, why didn’t he just spare the facade and ask all the tobacco manufacturers and distributors to close entirely? It’s silly anyway; most of the glass pipes sold for use with ”herbal” use can technically be used.
People using those two will simply move onto brighter ideas and carefully tap the end of any common light bulb off and they’re good to go right? Does Ugliery believe lack of paraphernalia will lead to a decreased use of drugs? That’s silly and naive.
Until we ban lighters, zig zags, medical marijuana smoking (prop 215) etc… will never end. Not even lighters will stop consumers. You can use the sun via a magnifying glass to light up just about anything.
Thank god beverage companies have lobbyists in congress so they can never ban the old fashion aluminum can. Aluminum is safer than lead too right?
Does Ugliery, a Dumbocrat, believe he should also stop making and selling stick to blunts now! Oh well! Will grape swishers be banned next?
Well, that’s America and the “War on drugs” for you. Did you know the war on drugs, is actually behind a significant amount of the war in Afghanistan and Iraq? What they only mention at times is that the poppy farmers grow these crops to support themselves, their communities, and their families. America wants these countries to be just like them, watch, wait & see. You know I’m right.
Steve K.
Ps. “For four years, they kicked us out bad. I don’t see a groundswell for future.” San Diego City Attorney Mike Ugliery
December 9, 2008 - 9:54 pm at 9:54 pm
600 crack pipes are for Crack not tobbaco
LOL
You are so stupid steve kassab. If you think that you can try to talk your way out of this one, You are not fooling any one of us here. You can fool yourself all you want. Everyone knows you are as guilty as all the sins you and your family have been committing. You are one delusional scub bag. Keep your mouth shut before the Feds shut it for you. They will shut it for you in Prison which is where you and your law breaking family will be in next. Your time is limited, you will be in prison again soon.
December 11, 2008 - 3:52 pm at 3:52 pm
If you believe everything the City Attorney Mike Ugliery tells you then you are really stupid. Just ask yourself why then was he not removed from office? Answer he was incompetent, dishonest, vindictive, and unprofessional.
The trick with bullshits is that you have to make them believable bullshit and we just don’t believe him.
As far as “Keep your mouth shut before the Feds shut it for you.” Sorry I can’t do that because for one we are not in Iraq, and two I am a US Citizen with Civil and Constitutional Rights i.e. 1st Amendment Right to speech.
Being smart and rich has everything to do with jail. In San Diego, if you have money to pay an attorney then you won’t go to jail. If you get a court appointed public pretender, then they will only help process the case through the system (i.e. forget about your experts because they don’t have any.) So it about knowing more than any paralegal or attorney. It is about being resourceful, and straight forward on your dealings with others. So, I am sorry to disappoint you but your wishful think about jail time will not come true.
I made my point abundantly clear. Of course you have to be able to read and follow a conversation to get it. That’s like saying without more money, you wouldn’t be as wealthy.
Steve K.
Ps. Now that City Attorney Mike Ugliery is fired, let him know they have an opening in Tijuana for Yellow Cab drivers.
December 11, 2008 - 3:55 pm at 3:55 pm
If you believe everything the City Attorney Mike Ugliery tells you then you are really stupid. Just ask yourself why then was he removed from office? Answer: he was incompetent, dishonest, vindictive, and unprofessional. The State Bar of California is still pursuing their investigation and will eventually disbar him in CA.
The trick with bullshits is that you have to make them believable bullshit and we just don’t believe him.
As far as “Keep your mouth shut before the Feds shut it for you.” Sorry I can’t do that because for one we are not in Iraq, and two I am a US Citizen with Civil and Constitutional Rights i.e. 1st Amendment Right to speech.
Being smart and rich has everything to do with jail. In San Diego, if you have money to pay an attorney then you won’t go to jail. If you get a court appointed public pretender, then they will only help process the case through the system (i.e. forget about your experts because they don’t have any.) So it about knowing more than any paralegal or attorney. It is about being resourceful, and straight forward on your dealings with others. So, I am sorry to disappoint you but your wishful think about jail time will not come true.
I made my point abundantly clear. Of course you have to be able to read and follow a conversation to get it. That’s like saying without more money, you wouldn’t be as wealthy.
Steve K.
Ps. Now that City Attorney Mike Ugliery is fired, let him know that they have an opening in Tijuana for Yellow Cab drivers.
December 12, 2008 - 9:16 am at 9:16 am
Where are the 600 Crack Pipes???????
December 12, 2008 - 4:53 pm at 4:53 pm
Why don’t you direct that question to Mike Uglier before he was fired? Answer: because there was NO crack or crack pipe.
What a coincidence, President George Bush Never found any Weapons of Mass Destruction in Iraq either why do you think he was the worst president in U.S. history? Hint: Same reason Mike Ugliery was fired.
Answer: Incompetence, Vindictive, and Unprofessional
Case closed.
Steve K.
December 12, 2008 - 7:35 pm at 7:35 pm
THERE WAS 600 Crack Pipes in your Crack shop and that is why you went to JAIL…. LOL
December 12, 2008 - 7:41 pm at 7:41 pm
Hey steve kassab
I was just informed about you. It appears that you have been selling brown bags, crack pipes, drugs and crack for a while now. How come you keep breaking the laws and can’t seem to learn your lesson. It appears that there are a number of incidence that you are involved in with different people that indicate that you are no goody too shoes. How is it that all the people like you seem to place the blame on others when it is YOU who is breaking all these laws. So stop with the poor me attitude and face it like a man. YOU keep breaking the laws and it seems like you don’t learn your lesson.
SO DON’T DO THE CRIMES if you don’t want to do the time.
December 12, 2008 - 8:36 pm at 8:36 pm
RE:/ YOU KEEP BREAKING IT AND I’LL KEEP FIXING IT.
If a nation expects to be ignorant and free, in a state of civilization, it expects what never was and never will be. There appears to have been a good number of misinformed people like you Steward.
Like many others here, I think you should read some of the other comments here…looks like others have figured out the solution to this madness. I defer to them on how to fix it and make it easier.
It sounds so good when you say, “breaking the laws and can’t seem to learn your lesson” however it doesn’t play out in real life.
I think we can agree that this is how you keep people down. If someone strives to better themselves and they succeed the government should not punish them for that. They also should not be expected to support the majority of America. That is not freedom.
It has been shown every time that your right attitude is everything, in dealing with everything in life.
You need not pay attention to the City Attorney Mike Ugliery, but that’s why he’s we wouldn’t let him run the City of San Diego.
Please be kind to yourself.
Steve K.
Ps. The greatest discovery of my generation is that human beings can alter their lives by altering their attitudes of mind. However, Nothing can stop the man with the right mental attitude from achieving his goal. SO GET OUT OF MY WAY!
December 13, 2008 - 1:18 am at 1:18 am
This thread has lurched off the rails with this “he-said, she said” crud, the anti-arab bigotry, the crack pipe jokes, and the legal documents…there are a zillion smoke shops in San Diego County and it seems they only legally exist so that the Sherriff or SDPD can occasionally raid a store to prove that the “war on drugs” is still going on. The shops selling the bongs and hookahs aren’t the problem, it’s the drugs and how we deal with them as a nation that is the problem. You could shut down the “ABC Smoke Shop”, the three “Smoke-n-Stuff” places, and all the other shops in this county and people would still be smoking dope, but in apple cores or home-made pipes.
December 13, 2008 - 11:57 pm at 11:57 pm
Steve Kassab YOU DO NOT MAKE SENSE. You just carry on and on about nothing that is relevant to this discussion.
Do yourself a favor and seek mental help immediately cause you sure need it if you think that anything you say can get you off the hook for breaking the laws.
You gotta get help because you got mental problems.
December 13, 2008 - 11:58 pm at 11:58 pm
And I am all for Closing down all the crack shops in San Diego. Lets start with closing down “ABC Smoke shop”
December 14, 2008 - 9:51 pm at 9:51 pm
RE:/ Double taxation is illegal in any U.S. State.
I don’t with shutting down smoke shops. Don’t make me throw my size 11 shoes at you too because you and bush have something in common (i.e. Dishonesty, Prejudice, Discrimination, Terrorize, and of course Dumb.)
The state could also close down the tobacco retailers they license, but they also choose not to.
Your point is well made, but also shows the double standard that Arab Americans store owners are held to: Arabs smoke shop owners should not be licensed to sale of tobacco, but it’s fine for the state to do it.
Arab Smoke Shop owners should not be ridiculed for doing the exact same thing a state government does; California licenses tobacco sales and makes a ton of money off of it, and says that they want to reduce smoking too.
That’s the whole reason that this is even an issue… the state is worried about getting tobacco tax money, not about cutting down on smoking.
Should the same questions be asked of the state of California Government official, with the same cynical eye?
Out of our share of any cash-licensing fee, there should be at a minimum guaranteed payments and/or reimbursements. The expenses incurred are subject to reimbursement to the inventor.
Regards,
Steve K.
Ps. Why issue licensing, then taxing and then fining for the same act, which the State permitted? Double taxation is illegal in any U.S. State.
December 15, 2008 - 12:15 am at 12:15 am
Steve K. stop your preaching cause its not tobacco products you were selling. It was the hard core crack smoking stuff so shut your mouth. I say
CLOSE DOWN ALL CRACK SHOPS IN SAN DIEGO and PuT STEVE KASSAB AND HIS WHOLE FAMILY BEHIND BARS SO THEY CAN STOP SELLING DRUGS IN SAN DIEGO.
San Diego will be a better place without them.
December 15, 2008 - 12:17 am at 12:17 am
Petition to close down ABC smoke shop
Once and for all and for good so the whole problem with them can be eliminated. CLOSE DOWN ABC SMOKE SHOP IN SAN DIEGO FOR the betterment of the people of San Diego
December 15, 2008 - 6:50 am at 6:50 am
If you are truly so concerned that the ABC stores are open, then how say you to the Wal-Marts, Targets, and the hundreds of other stores being open.
Bring back the Blue Laws, and for those that were not around here during that time…everything was closed…EVERYHING. You could not even buy a gallon of milk, or gas…even 7-11’s close it…
How many of you that oppose the ABCs being open, patronize another establishment?
Government should not be in the retail business anyway. We’re no longer in the dark ages anymore. All the witches and warlocks had been eradicated thanks to Salem and all the other brilliant puritans of the past.
Please, this is not news. This is a store changing it’s hours of operation.
If you don’t like the ABC stores being open, DON’T GO! Get over it and move on.
I swear, I am never amazed at the amount of people that love to whine and cry about anything. Again, get over it.
Good grief.
Regards,
Steve K.
Ps. Hopefully they’ll start selling smokes too. And then open a little bar, so we can all smoke and drink. Lots of tax revenues…
December 15, 2008 - 10:37 am at 10:37 am
Close ABC smoke shops and all the shops in San Diego that are selling drugs
December 15, 2008 - 3:31 pm at 3:31 pm
ABC smoke shop is not selling drugs. The problem was also not related to bongs or the colorfully decorated “tobacco” pipes.
The problem, and Aguirre said it, was the clear glass pipes (that usually re-sell for $1-$5, the real cheap crap) that are used to smoke crack and meth. I would certainly defend ABC’s right to sell bongs and hookahs, as tobacco and medical marijuana are justifiable uses for these apparatus.
So to Steve, I must say you already know, the clear, cheap and dirty crack/meth pipes are the problem. ABC should just stop selling them – surely the income and volume sold of those cheap pieces does not constitute a substantial part of the store profit? Everything else is kosher. I’m curious if these are actually essentials in your business.
December 16, 2008 - 2:41 am at 2:41 am
RE:/The problem is Aguirre is dishonest, incompetent, vindictive, and unprofessional.
If these items were illegal, they would be going after the manufactures and distributors which the City Attorney is licensing and authorizing the sales of these merchandise.
Aguirre, via the Drug Abatement Response Team (DART), need to send out letters to manufactures and distributors citywide, informing them that they must, by Nov. 30, stop selling anything that is considered drug paraphernalia by California law (i.e. in other words all pipes).
Specifically, that means all the glass pipes, all the water pipes, all the little baggies, all the scales—all that stuff must go.
Furthermore, The City Attorney Mike Ugliery needs to stop selling crack and methamphetamine to go with the pipes because he’s ruining it for all smoke shops in San Diego that sell these merchandise for their intended use– for other functions such as tobacco pipes and oil burners.
Steve K.
Ps. Look out for those size “11” shoes? Isn’t time that we stop lying to the Iraqi people?
December 16, 2008 - 2:56 am at 2:56 am
David you should educate yourself about this guy and the ABC smoke shop. He was caught with over 600 crack pipes and he has been arrested numerous times for breaking the law. The whole family is a bunch of illegal immigrant criminals. Look them up in the city attorneys records you will see that this steve k is selling more than crack pipes.
December 17, 2008 - 6:45 am at 6:45 am
RE:/ EDUCATE YOURSELF ON BOTH SIDES OF THE ARGUMENT!
So educate yourself on both sides of the argument, Voicesss. Who knows you might even develop an opinion worth listening to.
Stop leaving ignorant comments attacking the ABC Smoke Shop, Inc. and the Kassab’s family, personalities, etc. and do your research on the issues and come back to the table with something intelligent to say.
Your same smoke and mirrors is run here relentlessly in the charade and rip off of the Arab American Smoke Shop owners.
Again stop using obscurities or rarities (i.e. “crack”) to promote un-winnable agendas since none were found at any of the locations. This is why the city attorneys’ office needed to search warrants and still found NOTHING illegal.
For your information Albert Einstein is a dope but simply brilliant in one branch of mathematics. But that doesn’t make him a well-rounded person just like autistic children can perform amazing super-human tasks.
Any monkeys could be trained to perform brain surgery but monkeys can’t juggle the complex task of deciding when, where, how to operate
Any top 1% brains like you mentioned could improvise and do great things but I don’t see too many runny this City Attorney Office under Attorney Mike Ugliery.
Sincerely yours,
Steve K.
Do we detect a tone of jealousy or envy in your statement, voicessss?
December 17, 2008 - 9:15 pm at 9:15 pm
600 crack pipes were found at ABC Smoke shop. LOL
Where ever did you get that many crack pipes???
December 17, 2008 - 9:17 pm at 9:17 pm
It’s inspiring that the Kassab family is willing to stand up and fight against the city but since father George was first convicted of selling crack smoking paraphernalia back in 2002 to the numerous convictions of Steve for selling “brown bag” crack smoking kits in that same year, until Steve was again arrested in ‘05 for selling hundreds of meth and crack pipes to this year when Steve and his mother Joandark were arrested, the Kassab family has valiantly fought for their freedom to profit from their contribution to the San Diego tradition of getting really f**ked up on crack and meth. So I say thank you, Kassab family, for standing up to the anti-crack fascists and God bless you for supplying San Diego with the tools it needs to stay f**ked up on crack. I’m sure all of San Diego will agree that you have been unfairly singled out and will rally behind your cause, since we have all seen the positive effects your efforts have had on the communities in which you conduct business. And by the way, if you need any crack smoking paraphernalia while you’re in jail, I’d like to help out, but I regret to say that I am not as courageous as you and am not personally ready to sacrifice my own freedom to deliver it to you – after all, distribution of crack smoking paraphernalia in san Diego is ILLEGAL. But I will bring you guys some glazed donuts, if the guards will let me. Best of luck to you, Kassab family. May all your decisions in the future be guided by the twin virtues of righteousness and the promotion of
crack smoking.
December 19, 2008 - 6:53 am at 6:53 am
Re:/ Apology from City Attorney Mike Ugliery is in order here…
No facts, no history, no arguments other than just stating their conclusion over and over. It wasn’t until January of 2003, more than two years after first being alerted … that this law was passed against storeowners, which was an ExpoFacto Law (i.e. Experiment and then Factor). Since this was unconstitutional those cases were fully expunged by the judge.
Furthermore, the problems with the City of San Diego is Mike Ugliery not with smoke shops owned by Arab Americans. He was the one who wanted to file bankruptcy because he thought discriminating against people is bankruptable. He was the one going around taking cheap shot’s against Arabs and enforcing Paraphernalia entrapment! Law.
You are fooling yourselves by papering your own racism, cowardice and greed.
DON’T WORRY, WE’LL DO THE DIRTY WORK FOR YOU AND THE REST OF THE “AMERICANS” THAT ARE TO SCARED TO STAND UP AND FIGHT FOR WHAT THEY BELIEVE IN. YOU CAN CRAWL BACK UNDER YOUR BED AND WAIT THERE TIL IT’S OVER…
I’d rather regret the things I have done than the things that I haven’t because when one door closes, another opens.
I do not appreciate being discriminated against. Why would you meet that with such opposition? Do not call me a cracker. Why don’t we start enforcing a zero tolerance policy against government and crooked cops?
The fact of the matter is drugs are here, and they are being used. That pipe is a “tobacco pipe” a “crack pipe” a “weed pipe” a “dingle berry pipe” a “Salvia Pipe” a “pubic Hair pipe” etc. etc. This is Utter and Complete Lunacy!!!! The person at the counter is merely following proper business practice “The Customer is always right!”
This is like busting the prostitute’s without busting the john’s. Only in this case if the pipes themselves are legal. This is like busting a brothel in Nevada. (BULL SHIT)If it’s not illegal to sell don’t bust them
Regard,
Steve K.
Ps. I don’t eat a lot of doughnuts, but you have to come here, because everyone else is,
“You may regret your silence once, but you will regret your words often .”
December 22, 2008 - 10:27 am at 10:27 am
Mother, son convicted of selling pipes & drugs
SAN DIEGO COURTS: A mother and son convicted of selling pipes used to smoke crack and methamphetamine were sentenced yesterday for a string of misdemeanor crimes.
Joandark Kassab, 56, owner of ABC Smoke Shop in Mount Hope, was placed on five years’ probation. Her son, Steve Kassab, 37, the store manager and clerk, was sentenced to two years and six months in County Jail.
In April, a San Diego Superior Court jury found both defendants guilty of 23 counts of furnishing or possessing drug paraphernalia. Prosecutors said the Kassabs sold the pipes to undercover narcotics officers and customers in July 2006 and December 2007.
Judge Howard Shore said yesterday that even though the defendants had posted a sign in the store stating that the items were “for tobacco use only,” it was clear that their primary use was for illegal drugs.
The judge sentenced Steve Kassab to jail time after noting that the defendant had been defiant and indicated that he would not comply with the terms of probation. The judge placed the mother on a 5 year probation, for her participation in the crimes. ” –D.L.
And A Merry Christmas to you too!!!!
December 25, 2008 - 5:29 am at 5:29 am
RE:/ THIS IS WHY DEFENDANTS SHOULD NEVER GO WITH SAN DIEGO’S PUBLIC PRETENDERS OFFICE BECAUSE ALL THEY DO IS PRETEND!
This is the declaration for Attorney Roy Dickson of why he says he should be able to set a side a default judgment entered against him by the Kassabs in the lawsuit of legal malpractice.
We should ask him why he was “incarcerated” in the Orange County Jail (i.e. writing insufficient checks and misrepresentation?)
Let me know your thoughts court watch
Thanks,
Steve K.
Have a Merry Xmas
SEE BELOW:
http://members.calbar.ca.gov/search/member_detail.aspx?x=105583
Declaration of Attorney Roy C. Dickson
I, Roy Dickson, Esq., Declare:
1. The matters stated herein are known to me of my own first-hand personal knowledge and if called as a witness I could and would competently and truthfully testify thereto under oath.
2. The check that plaintiff refers to in the complaint that I wrote to him for $1,000.00, representing the refund of the fee that he paid me on our Retainer Agreement was returned for insufficient funds. A true and complete copy of that check, numbered 10970, is attached hereto and incorporated herein as Exhibit “A”.
3. On October 27, 2008, I mailed to Plaintiff a letter dated October 27, 2008, enclosing a cashier’s check, numbered 420792412, amounting to $1,000.00 that check replaced check number 10970. A true and complete copy of the letter and enclosed cashier’s check, is attached hereto and incorporated herein as Exhibit “B”.
4. The reason I failed to replace the check sooner is that I was incarcerated in the Orange County Jail from June 25, 2008 to September 6, 2008, for crimes I did not commit.
I declare under penalty of perjury under the laws of the State of California that the foregoing Declaration was executed on December 17, 2008 at Santa Ana, California.
Roy C. Dickson
December 25, 2008 - 12:01 pm at 12:01 pm
Mother, son convicted of selling pipes & drugs
SAN DIEGO COURTS: A mother and son convicted of selling pipes used to smoke crack and methamphetamine were sentenced yesterday for a string of misdemeanor crimes.
Joandark Kassab, 56, owner of ABC Smoke Shop in Mount Hope, was placed on five years’ probation. Her son, Steve Kassab, 37, the store manager and clerk, was sentenced to two years and six months in County Jail.
In April, a San Diego Superior Court jury found both defendants guilty of 23 counts of furnishing or possessing drug paraphernalia. Prosecutors said the Kassabs sold the pipes to undercover narcotics officers and customers in July 2006 and December 2007.
Judge Howard Shore said yesterday that even though the defendants had posted a sign in the store stating that the items were “for tobacco use only,” it was clear that their primary use was for illegal drugs.
The judge sentenced Steve Kassab to jail time after noting that the defendant had been defiant and indicated that he would not comply with the terms of probation. The judge placed the mother on a 5 year probation, for her participation in the crimes. ” –D.L.
And A Merry Christmas to you too!!!!
December 25, 2008 - 8:14 pm at 8:14 pm
RE: / YOU CAN’T IGNORE ME FOREVER YOU’RE GOING TO HAVE TO RESPOND TO ALL THESE CIVIL AND CONSTITUTIONAL RIGHTS VIOLATIONS
And um…no response again. Please open your eyes. I can’t sit here, waiting, forever. I need to move on; How can someone be so content in such a state? It’s almost as if you’re smiling… but your eyes are closed. They’ve been closed for so long. You were born wide-eyed and crying; Why are you living closed-eyed and unaware?
I was hoping to find someone who would open their eyes and see the world., but all I find here is somebody holding hands with ignorance, and won’t wake up to acknowledge the truth.
Stop clinging to the branches. Don’t you realize that the ripe fruit falls from the tree? Come to earth; come recognize the gift of being awake.
Too many citizens remain unaware of their basic constitutional rights regarding life, liberty, and the pursuit of happiness. Court TV. KNOWS the government is behaving badly when they ignore you.
True as that may be, I’ve always believe we should Flex Our Rights and that the long-term survival of our basic constitutional rights can be realized only by understanding, appreciating, and exercising them.
Court TV. knows it. Ball’s in your court.
Steve K
PS. this smelled like a “get-rich-quick” case from day one.
December 25, 2008 - 10:58 pm at 10:58 pm
LOL
You are a JOKE Steve k
December 27, 2008 - 2:17 am at 2:17 am
RE:/ Aguirre said his new motto is “THERE’S NO ASS I WON’T KISS.”
You’re right, Court Watch. This suit is a waste of time for the San Diego City Attorney’s office.
City Attorney Mike Aguirre probably won’t ever joke around with me and the Kassab’s family ever again after this.
When it came around to his run-off race against challenger Jan Goldsmith, Aguirre said his new motto is “There’s no ass I won’t kiss.”
Adding, seriously, that he’s learned some lessons.
With the State Bar investigation pending he should be thinking about a second career. Maybe the San Diego zoo would hire him to feed the monkeys.
Let’s hope that Obama and his advisors have better judgement than to even consider a failed attorney like Mike Ugliery. Although, I need a good laugh.
I could see it now! Paranoid Uglirrey would try to indict all the people of San Diego that voted against him as being co-conspirators with Sanders on the pension fund debacle. What a buffoon!
I will miss his comedy act HAHAHA!
Steve K.
Ps. Court Watch Kiss My ASS TOO
December 27, 2008 - 10:41 pm at 10:41 pm
Steve K. U R A SICK CRIMINAL WHO NEEDS MENTAL HELP BADLY.
December 28, 2008 - 12:35 am at 12:35 am
RE:/ The system is sick.
Those who have the money are innocent and those without are guilty.
Legislation should outlaw the discrimination that is embedded in these laws and our policies.
Court Watch your conclusions are unfounded because I could have used insanity as a defense. The fact is, it is disheartening to see the discriminatory enforcement and games that the San Diego authorities play.
Furthermore, we have a criminal justice system that seems to pay little regard to the needs of vulnerable people like Arab Americans.
Thank you.
Sincerely,
Steve K.
Ps. I Am Not Sick I Don’t Need Help! The American Judicial System Needs Help.
January 1, 2009 - 9:46 am at 9:46 am
The judge sentenced Steve Kassab to jail time after noting that the defendant had been defiant and indicated that he would not comply with the terms of probation. The judge placed the mother on a 5 year probation, for her participation in the crimes. ” –D.L.
And A Very Happy New Years to everyone else =)
January 1, 2009 - 8:08 pm at 8:08 pm
RE:/ FUTURE NEWS FLASH: ABC SMOKE SHOP, INC. RECOVERS RECORD VERDICT OF $4.5 MILLION IN PUNITIVE DAMAGES OVER CIVIL AND CONSTITUTIONAL RIGHTS VIOLATIONS OF STEVE & JOANDARK KASSAB (I.E. SEE FEDERAL COURT CASES 07CV1071 AND 07CV1299).
.
Prosecutors Makini Hammond said that Defendants Civil and Constitutional Rights Violations are not defenses.
Court Watch, did you really think the Federal Court judges were going to ignore the Civil Rights of defendants’ like the San Diego Superior Court Judge Howard Shore?
The Supreme Court not only will overturn the decisions of the lower-courts, but more important, it will also set forth two tests that would govern materiality in future cases:
The Government has to show either:
(1) That acts were unauthorized i.e. licensed by the City of San Diego which, if known, would warrant a dismissal immediately
And
(2) That Drug Paraphernalia must be with a controlled substance i.e. not with tobacco.
Under the first test, the Government must present clear, convincing, and unequivocal proof of the existence of an illegal act. Except as authorized by law i.e. licensing. If the Government can prove that the license is invalid, there is no need for the second test.
The plaintiff City Attorney Mike Ugliery was fired and now is cooperating with federal authorities.
These prior relationships with State judges caused a reasonable person to question the court’s impartiality. Thus the cases in Federal court are about public confidence in a fair system.
City Attorney Mike Ugliery got the message.
Regards,
Steve K.
Happy New Year!!!
January 1, 2009 - 10:24 pm at 10:24 pm
The judge sentenced Steve Kassab to jail time after noting that the defendant had been defiant and indicated that he would not comply with the terms of probation. The judge placed the mother on a 5 year probation, for her participation in the crimes. ” –D.L.
And A Very Happy New Years to everyone else =)
January 2, 2009 - 2:45 pm at 2:45 pm
# RE:/ THE AMERICAN FUTURE NEWS FLASH: ABC SMOKE SHOP, INC. RECOVERS RECORD VERDICT OF $4.5 MILLION IN PUNITIVE DAMAGES OVER CIVIL AND CONSTITUTIONAL RIGHTS VIOLATIONS OF STEVE & JOANDARK KASSAB (I.E. SEE FEDERAL COURT CASES 07CV1071 AND 07CV1299). an syst Says:
RE:/ FUTURE NEWS FLASH: ABC SMOKE SHOP, INC. RECOVERS RECORD VERDICT OF $4.5 MILLION IN PUNITIVE DAMAGES OVER CIVIL AND CONSTITUTIONAL RIGHTS VIOLATIONS OF STEVE & JOANDARK KASSAB (I.E. SEE FEDERAL COURT CASES 07CV1071 AND 07CV1299).
.
Prosecutors Makini Hammond said that Defendants Civil and Constitutional Rights Violations are not defenses.
Court Watch, did you really think the Federal Court judges were going to ignore the Civil Rights of defendants’ like the San Diego Superior Court Judge Howard Shore?
The Supreme Court not only will overturn the decisions of the lower-courts, but more important, it will also set forth two tests that would govern materiality in future cases:
The Government has to show either:
(1) That acts were unauthorized i.e. licensed by the City of San Diego which, if known, would warrant a dismissal immediately
And
(2) That Drug Paraphernalia must be with a controlled substance i.e. not with tobacco.
Under the first test, the Government must present clear, convincing, and unequivocal proof of the existence of an illegal act. Except as authorized by law i.e. licensing. If the Government can prove that the license is invalid, there is no need for the second test.
The plaintiff City Attorney Mike Ugliery was fired and now is cooperating with federal authorities.
These prior relationships with State judges caused a reasonable person to question the court’s impartiality. Thus the cases in Federal court are about public confidence in a fair system.
City Attorney Mike Ugliery got the message.
Regards,
Steve K.
Happy New Year!!!
January 2, 2009 - 11:30 pm at 11:30 pm
Over 600 Crack pipes were seized from Steve Kassab’s hands LOL He should be jailed at once!!!!!
January 5, 2009 - 10:20 am at 10:20 am
Long arm of the law slaps smokeshop owners around
Well, the superior court judge finally got a chance to sentence the owner and manager of the ABC smokeshop today, months after their April convictions on 23 counts of selling meth and crack pipes. A press release form the City Attorney’s office said that the pair had to be jailed last week after they’d missed two prior court dates for sentencing. But today they finally learned their fates: Joandark Kassab, the owner of ABC Smokeshop on Market Street in Southeast San Diego, got five years probation; her son, Steve Kassab, the manager, got 30 months prison time, his second prison term for distributing drugs. Both, the press release said, will have to pay “thousands of dollars” in fines.
The ABC smokeshop needs to be shut down for selling “hard drug” paraphernalia.
January 9, 2009 - 1:23 am at 1:23 am
Subject: RE:/ Wronful Conviction Was Do To Legal Malpractice Representation
Here is the answers to your question. I am currently out on an appeals bond. However, I have filed this complaint against our former attorneys and one of the attorney by the name of Attorney Roy Dickson is currently in default.
Would this be proof of actual innocence of underlying criminal charges which is an element of a malpractice claim against criminal defense counsel (i.e.Default Entered Against Attorney Roy Dickson).
Steve Kassab
619-312-5902
Ps. This further proves ineffective assistance of counsel.
SEE ATTACHED AND SEE LINK BELOW:
http://www.sdcourt.ca.gov/portal/page?_pageid=55,1056871&_dad=portal&_schema=PORTAL
Display: All Entries Filing Information Only Entry Date
Entry Filed By
01/02/2009 Default entered as to Dickson, Roy Chester on Complaint filed by Kassab,Steve Legal Malpractice.
February 16, 2009 - 12:35 pm at 12:35 pm
Steve kassab is back in jail
February 21, 2009 - 9:36 pm at 9:36 pm
CHECK THIS OUT, STEVE IS OUT FREE AND WILL NOT SERVE ANY TIME.
HA. HA, HA, EAT YOUR HEART OUT, BUDDY…
February 24, 2009 - 9:58 pm at 9:58 pm
LOL
That is a Joke everyone knows that Steve kassab is guilty as sin and will be back in jail soooon…
March 18, 2009 - 6:19 pm at 6:19 pm
RE:/ THE HEAD OF THE SNAKE IS THE GOVERNMENT WHO ISSUES SMOKE SHOP LICENSES AND TAXING
FEDERAL COURT ORDER: granting Plaintiff Steve Kassab’s Motion to Compel City of San Diego and it Corrupt and Dishonest Government (Defendants in the Civil Rights shall provide the Court with a privilege log and disputed documents for an in-camera review no later than 3/27/2009. Plaintiff’s request for sanctions is denied. The hearing on Plaintiff’s motion to compel, presently scheduled for 3/13/2009 is hereby vacated. Signed by Magistrate Judge William McCurine, Jr on 3/9/2009. (leh)
I am going to cut the head of the snake off (Government!!!) Only then Arab American business owners won’t be lied to thinking that they have recieved authorizaton for the State of California to operate a business with their business license which they can tax, make money from and then claim that those same items are illegal. That’s contradicting isn’t new flash?
Duhhh Yah
Steve K.
The City of San Diego Is Guilty As Sin; It smells of Sulfur– the same smell of Hell.
March 31, 2009 - 5:41 pm at 5:41 pm
I think all of you need to get a life, and that means you too Steve. Why can’t anyone on this blog, focus on their lives and what matters most. Whether you go to jail or not, shouldn’t be the concern for anyone, except for Steve’s parents Always remember when someone lies about soemthing, the truth eventually comes out. So if Steve is guilty, it will come out and he will be punished.
No more court dates for him ha? Does anyone know. Or are you presuming…
June 15, 2009 - 10:57 pm at 10:57 pm
IT HAS BEEN REPORTED THAT STEVE KASSAB RETURN TO JAIL WITH NO BOND
July 12, 2009 - 6:27 pm at 6:27 pm
At all times ABC Smoke Shop was duly licensed by the city and state and was a tax paying
entity. I demand that the inventory of duly licensed items, which was confiscated by the police
and which can be purchased at places such as Walmarts, BigLots, K-Mart or elsewhere be
returned or due compensation be paid. I am aware of no prosecution of the manufacturers or
distributors of these items which are subject to taxation. Most of these items are manufacturered
abroad in China and pass freely through customs. I have talked to my competitors and it seems
clear that the Mom and Pop stores, particularly those run by Iraqi immigrants, are being
unlawfully singled out for prosecution of a new vague and ambiguous law which criminalizes
ordinary household items which generally have many uses. Glue and spray paint should not be
banned merely because they can be used for an unlawful purpose. It should not be lawful for
me to buy an oil or incense burner at WalMarts but why not at ABC Smoke Shop, Inc.?
July 20, 2009 - 12:54 am at 12:54 am
IT HAS BEEN REPORTED THAT STEVE KASSAB RETURN TO JAIL WITH NO BOND
July 20, 2009 - 12:56 am at 12:56 am
Over 600 Crack pipes were seized from Steve Kassab’s and his moms hands LOL He should be jailed at once!!!!!
September 19, 2009 - 7:03 am at 7:03 am
IT HAS BEEN REPORTED THAT THAT PLAINTIFFS STEVE & JOANDARK KASSAB TAKE JUDGMENT … FOR THE TOTAL SUM OF AMOUNT FOR INVENTORY THAT WAS UNLAWFULLY SEIZED:$15,623.37
FURTHERMORE, IT HAS BEEN REPORTED
(1) CALIFORNIA CIVIL RIGHTS VIOLATION — CAL CIVIL CODE SECTION 51 ET SEQ.
(2) FALSE ARREST AND FALSE IMPRISONMENT IN VIOLATION OF 42 USC 1983
(3) ASSAULT/THREAT, & INTIMIDATION/ RETALIATION IN VIOLATION OF 42 USC 1983
(4) INTENTIONAL INFLICTIONS
OF EMOTIONAL DISTRESS
(5) IN VIOLATION OF
42 U.S.C. SECTION 1983
EXCESSIVE FORCE &
BATTERY/ABUSE
OF AUTHORITY
FOR THE TOTAL SUM OF AMOUNT FOR DAMAGES FOR PUNITIVE AND EXEMPLARY DAMAGES PURSUANT TO THE UNRUH CIVIL RIGHTS ACTS, CALIFORNIA CIVIL CODE SECTION 52 AND CIVIL CODE SECTION 3294 IN A SUM
:$3, 215,623.37
THANKS FOR YOUR SUPPORT
STEVE & JOANDARK KASSAB
PS. THE COUNTY OF SAN DIEGO IS NEXT!
November 29, 2009 - 10:14 am at 10:14 am
Crack Pipes are for Crack!!!! How can someone think otherwise.. This steve moron is dillusional with his phony letters LOL
November 29, 2009 - 10:24 am at 10:24 am
It’s inspiring that the Kassab family is willing to stand up and fight against this blatant harassment. Since father George was first convicted of selling crack smoking paraphernalia back in 2002 to the conviction of Steve for selling “brown bag” crack smoking kits in that same year, until Steve was again arrested in ‘05 for selling hundreds of meth and crack pipes to this year when Steve and his mother Joandark were arrested, the Kassab family has valiantly fought for their freedom to profit from their contribution to the San Diego tradition of getting really f**ked up on crack and meth. So I say thank you, Kassab family, for standing up to the anti-crack fascists and God bless you for supplying San Diego with the tools it needs to stay f**ked up on crack. I’m sure all of San Diego will agree that you have been unfairly singled out and will rally behind your cause, since we have all seen the positive effects your efforts have had on the communities in which you conduct business. And by the way, if you need any crack smoking paraphernalia while you’re in jail, I’d like to help out, but I regret to say that I am not as courageous as you and am not personally ready to sacrifice my own freedom to deliver it to you – after all, distribution of crack smoking paraphernalia in san Diego is ILLEGAL. But I will bring you guys some glazed donuts, if the guards will let me. Best of luck to you, Kassab family. May all your decisions in the future be guided by the twin virtues of righteousness and the promotion of
crack smoking.
ps
I am just wondering where your getting over 600 meth pipes and all that CASH FROM???
L.H.
Los Angeles, CA
November 30, 2009 - 8:47 pm at 8:47 pm
And the retardation continues… Look, Mr. Kassab won and during the year of ranting and raving on this blog even more smoke shops popped up because regular stores closed thanks to our crumbling economic system. As I wrote before, the problem is how we as a society use drugs and not all these hole-in-the-wall pipe shops.
December 10, 2009 - 4:20 am at 4:20 am
Medical Marijuana: San Diego Dispensary Operator Found Not Guilty
Medical Marijuana: San Diego Dispensary Operator Found Not Guilty
In a blow to hard-line San Diego County District Attorney Bonnie Dumanis, who has yet to find a medical marijuana dispensary she considers legal and who has coordinated a series of raids on dispensaries in recent years, a jury in San Diego Tuesday acquitted the manager of a local dispensary of marijuana possession and distribution charges.
Jovan Jackson, 31, a Navy veteran, cried as the not guilty verdicts were read. He was, however, convicted on possession of Ecstasy and Xanax, small quantities of which were found in his home during an August 2008 raid.
http://stopthedrugwar.org/chronicle/special/san_diego_medical_marijuana_dispensary_operator_not_guilty_jovan_jackson
“On a personal level, if you’re going to hold somebody to a law, you have to define that law,” said juror Perry Wright.
Given the verdict in this case, DA Dumanis might want to consider whether a re-run trial is worth the taxpayers’ money and whether any of her pending dispensary prosecutions should go forward. But she probably won’t.
Possessing and selling a controlled substance is not illegal!!! Just ask D.A. Dum Anis
Selling empty “pipe” from a smoke shop = 2.5 years in jail. Where is the justice in that? D.A. Dum Anis must have life and bullshit twisted!!
Discrimination was the factor: a Navy veteran v. Arab Americans from Iraq.
That was the only difference in the Kassab’s case. He was not in the Navy!!
Discrimination still exists in San Diego and we have D.A. Dum Anis to thank for waisting tax payers money. The voters have spoken and the votes of the people do count (See Compassionate Act. Prop 215)
Your Truly,
Steve Kassab.
Ps. the civil rights violations of a US Navy war veteran and Arab American from Iraq equals the same! NOT GUILTY!
January 24, 2010 - 4:23 pm at 4:23 pm
WOW 600 crack pipes were found !!!