"There Are Cases Where and Individual Has Been Wrongly Treated by His Government!
"Property in one's labor" by Adam Smith, Herb Wesson (Claim for Damages)
February 15, 2011,  Testimony to LA County Board of Supervisors, LA County Charter

Governor Jerry Brown, January 31, 2011 Correspondence, Taxation Without Competent
Representation" in Los Angeles County and beyond.   
Complaint Survey Grade of Fail: California
Department of Insurance Commissioner Kathleen Buchwald do not hold Insurance Companies who
conduct business in California, such Park Avenue accountable to consumers, such as Michael L.
Lofton.

The are certain cases where courts have the
power but not the right to dismiss pursuant to the U.S.
Constitution, 10th Amendment: powers retained by the states and the people "The powers
not delegated to the United States by the Constitution, nor prohibited by it to the States, are
reserved to the States respectively, or to the people".  Los Angeles Superior Court cases C
895188, Leon E. Lofton, Jr. vs the Los Angeles Unified School District (LAUSD) and BC 385899,
Michael L. Lofton vs.
Villaraigosa fall in that category where the people have the right and the power.  

To date the Honorable Judge Mooney nor former Chief Justice Donald R. Wright,  have ruled to
dismiss  Los Angeles Superior Court Cases BC 385899 and
C 895188.  Furthermore, for any
honorable judge of the court to dismiss either court case, would be contrary to the U.S. Constitution,
the California Constitution, all which would mean this would not be
"One Nation Under God,
Indivisible, With Liberty and Justice for All".

Be it prior to, during, or after this "Notice of Discharge, Suspension and Probationary Termination
Report", I’ve responded in Court, and in writing, or
my Mom,  Mrs. Esther M. Lofton and I, have
petitioned the Los Angeles City Council,
Mayor Antonio Villaraigosa, the Los Angeles County Board
of Supervisors, (recent correspondence received) specifically 2nd District Supervisor Mark Ridley
Thomas, U.S. Senator Diane Feinstein, President Barack Obama, Civil Service Commission
President Sylvia Ivie
, etc. (STATEMENT, L.A. COUNTY B'D, May 18, 2010, atrocities of
Killer/Butcher King Hospital and subsequent unfounded breach of contract nonsense)

(1) The courts being a repository for the truth, when government employees, specifically LADWP
supervisors and/or others,
who have no regard for the Constitutional rights of the law abiding U.S.
citizens, an honorably discharged disabled veteran of a foreign war, Los Angeles Superior Court Case
C895188, BC 385899, and/or when any union, specifically IBEW Local 18 fails to protect the rights of
its members, whose right to be gainfully employed are violated without good cause, and retirement
benefits of a 30 year City employee, 28 years and10 months with the LADWP,  and over a year and a
half with the Los Angeles Convention Center.  On July 22, 2010 the LADWP cut off power at the pole
to my home for non-payment of electric utility bills, yet the LADWP continues to
hold my retirement
and other earned benefits without just cause, which leave me with no source of income to pay utility
bills or otherwise.  I have
had to provide a generator to supply continuous electricity to keep the food
from spoiling within the refrigerator, and other essential loads.  The noise from the generator
has
prompted neighbors to call the police, resulted in a police response.  However this is a civil matter, not
a criminal matter. ( Los Angeles Superior Court Cases BC385899 and BS 121571)

"There are cases when an individual has been wrongfully treated by his government and
about the only way, unless the individual resorts to court, and even in some cases the courts
are not able to give proper relief, the only area or avenue open to the individual is through
his representative.  When you find a bona fide error has been made, I suggest that you make
a maximum effort to remedy it.  This I feel is a vital and important function of those of us in
the House of Representatives."

Authors:  Donald G. Tacheron and Morris K. Udall, from the book entitled "The Job of the
Congressman", pages 65 and 66.  (This
important duty applies to all elected officials, all government
employees, and all U.S. citizens)

Article 1, Section 7, of the California Constitution states: " A person may not be deprived of life, liberty,
or
property without due process of law or denied equal protection of the laws...." and Article 1, Section
26 states: "
The provisions of the constitution are mandatory and prohibitory, unless by express words
they are declared to be otherwise".

The “Notice of Discharge, Discharge, Suspension or Probationary Termination" is not based on fact
or the truth.  This is Egregious defamation of my good character.  After 30 years as a competent
LADWP employee, I've been without gainful employment , since October 17, 2007 because of corrupt
and unethical actions of LADWP supervision and/or LADWP private subcontractors, lack of competent
IBEW local 18 union representation,
misrepresentation of the truth as presented by Deputy City
Attorney Lisa Berger, response to Berger, defamation of my character, and/or the total disregard of
Constitutional protections.  For reference and the truth see
Los Angeles Superior Court cases BC
385899 and Los Angeles Superior Court Case C 895188.
Counter
Specifics