Reminds me of when a dishonest 7-Eleven employee tried to destroy my phone thinking it would destroy the evidence I had against him. he smashed my phone on the ground but that did NOT ruin the SD card with the footage
what conor McGregor got arrested for, The employee did to me at the 7-11 in Orange CA
" New York Post
@nypost
Conor McGregor cellphone victim speaks: He tricked me "
View photo
NOT 7-ELEVEN BUT ALSO IN THE CLERK HALL OF SHAME (Chevron Pasadena)
This was my 15th straight year at the Rose Parade, and the last two years in a row in same spot (near the Chevron at 1400 E. Colorado Ave. Pasadena CA 91106) ...we went to the Rose Parade and like many others stood by the sidewalk as the floats went by.
Halfway thru the parade last year (2018) the guy claiming to be the owner came up to my wife & I and started yelling at us to GET OFF his grass..the little strip near the sidewalk which actually may be public property.
Needless to say, there were others on the grass as well, but he chose to TAKE OUT HIS ANGER at me because I was standing on a bucket, and he CLAIMED I was blocking the view of the people in their motor homes who he rents out the parking lot to for parade viewing.
This OWNER seemed to care nothing about the parade or the people, ONLY about the money he was making from the motor homes. Furthermore, instead of asking nicely if we could move one way or another to appease his motor home customers, he made it a POWER & CONTROL issue..ie confrontational.
Hence, we refused to move, and told him to go get the police if he thinks we are breaking the law. So he stomped away angrily and came back with a sheriff deputy, who said he was "NOT SURE" if this was private property or not.
The deputy (last year, 2018) handled it perfectly, saying, "if you just move your bucket ahead two inches on to the sidewalk , this silly issue is resolved."
I agreed because the deputy was cool about it.
/// FAST FORWARD to 2019, same scenario, ..again the Chevron owner waited until halfway thru the parade to CONFRONT ME & my wife. It was obvious he had PRE-PLANNED it this time.. he came with another fellow & immediately GOT IN MY FACE saying "GET OFF MY GRASS.."
BY the way, this time there was nobody in a motor home behind me. They were on the roof . Nobody's view was blocked. He was ANGRY from a year ago ! Once again I said, "Go get the police" ..so perpetrator #1 stomps away while perpetrator #2 holds up his arm trying to block my camera as I filmed the parade (I've been doing this every year for many years) .
I would move my camera and he would jump up and try to block the camera like a basketball player, and also started pushing up against me with his body. It was VERY IMMATURE & PETULANT & offensive, to say the least.
Perp #1 returned w/ 2 deputies and I realized he had CONCOCTED A STORY as if I was disturbing people..the deputies arrived expecting to find a troublemaker . Perp #1 had gotten them RILED UP in advance.
Instead of calmly investigating whether any laws were being broken that they needed to "enforce", they came by like "bouncers" working for the Chevron perp.
Meanwhile, I was losing valuable film time. I take great pride in filming the entire parade and have followers who are waiting to watch. I acquiesced for the time being and my wife & I moved off to a different area, but it DEFINITELY left a bad taste in our mouth & also other spectators who were on our side (which was ALL of them).
Also, after moving to a new location, I noticed the two deputies who acted like bouncers more than trained law enforcement , walk into the Chevron and one came out with food , making me wonder if the perpetrator owner basically "bribed" them to do his bidding (maybe these are reserve deputies ?
Later I asked for their names, and they refused to tell me. & they also refused to tell me the name of their supervisor. & they did NOT have name tags or badges displayed. This is a separate matter which I will address to the L.A. Sheriff Dept) / So that's the story of the CHEVRON perp.
He cares about money, not about people. And he holds a grudge..I don't know what his background or religion is, but it's A little scary. I'm glad he doesn't know my name or address.
I ask CHEVRON corporation to intervene ! I am a good law-abiding citizen. I do NOT deserve to be mistreated as I was. -John Vander- (BA/BA/M.Div)
" RAID! Immigration Officials Swarm 7-ELEVENS... Issue Warning to Businesses... 21 ILLEGALS ARRESTED..."
" RAID! Immigration Officials Swarm 7-ELEVENS... Issue Warning to Businesses... 21 ILLEGALS ARRESTED..."
https://apnews.com/cb0ef682ea534ff0b5d31e7c054a079e/APNewsBreak:-7-Eleven-probe-opens-new-front-on-immigration
LOVE ONE ANOTHER
https://apnews.com/
LOVE ONE ANOTHER
JESUS SAVES !!
Fwd: "Health officials say customers at West Jordan 7-Eleven possibly exposed to hepatitis A " | fox13now.com
Health officials say customers at West Jordan 7-Eleven possibly exposed to hepatitis A "
http://fox13now.com/2018/01/
LOVE ONE ANOTHER
JESUS SAVES !!
SHAME on the HATEFUL CLERK at 7-11 in the CITY of ORANGE CA (909 west Chapman) (& his sidekick)
i FORGIVE THEM & AND I FORGIVE THE CITY of ORANGE COPS...I realize now that a lot of them have Anger inside because of their jobs, and I represent FREEDOM and, freedom causes jealousy in them...but what can I say? My Freedom comes from CHRIST..not from growing up with a silver spoon. They can have the same freedom if they accept Christ with ALL their Heart, Mind, Soul, & Strength. I hope they will do so before it is too late. Repent & Be Baptized! We are ALL sinners who need Christ, need Grace, need God. But the only way to get it is to HUMBLE OURSELVES and bow down to the Father Son & Holy Spirit !
4/4/16 re SLEAZE BAG AT 7-11 PALOS VERDES
I GO IN HERE in the mornings every now and then...it's right next to the ocean...some guy left his phone by the newspapers...so I asked the clerk is this your phone. And he said, "no its the guy working there..." a few moments later this latino(?) guy came in and I said "you shouldn't leave your phone there...somebody could steal it..." and he responds by saying, "oh year, like who?" as if i was thinking about doing so. What a jerk. I was trying to help and protect him, and this sleaze bag makes me feel as if I'm a possible thief. So i told him he was a jerk and an asshole, and wished somebody had stolen his phone. Most people would thank another person for thinking of their well-being. This guy tried to turn me into a bad guy. I think it is actually an example of some of the race-based B.S. we deal with as white people in southern California. It's often Latinos doing this, which is a shame. Shame on this guy.
Why chase a person who stole a sandwich and a beer? "Video Shows Deadly Confrontation Between Married 7-Eleven Employees and Alleged Shoplifter in Valley Village" | KTLA
I've been at stores where I've seen people stealing things and I've watched them walk out and I reported it to the clerks who don't do anything, and,ironically, that's the right response . I mean why risk their life to go after a person who just still three or four dollars worth of merchandise. and they're hungry . not that they should steal it. but why chase at the risk of losing your life for no good reason. Just write it off as stolen merchandise or spoiled Goods.
Vk
not surprising: "7-Eleven appears to be involved in 'de facto ethnic selection', lawyer claims "| SBS News
Here in the USA most of the 711 workers are in the minorities from other countries :Arabs Africans Asians etcetera
Vk
STOP JEERING GREG @ 7-11 !
STOP JEERING GREG @ 7-11 !
SHAME ON YOU
" If u declare with your mouth,
"Jesus is Lord," & believe in your heart
that God raised Him from the dead,
u will be saved."
Romans 10.9Fwd: The fact that the 711 clerk knew/believed he could get away w his outrageous behavior speaks more about the orange pd than anything else
BY THE WAY, The fact that the 711 clerk (on Chapman Ave in Orange CA) knew/believed/thought he could get away w his outrageous behavior speaks more about the orange pd than anything else,..obviously he has called police before, perhaps in some instances rightly so, but in this case he was the aggressor...I simply asked if they had a written policy about requiring $2 minimum for use of credit/debit card. Yet this clerk knew/assumed he could do WHATEVER HE WANTED toward me barely short of smacking me up side the head (he actually did kick the slippery floor cone at me, and actually did hit my hand holding the phone, and actually did spread out his arms to try to block me from getting my phone back from the latino guy) without recourse by the City of Orange police. He was absolutely confident that the police would take his side NO MATTER WHAT. It was almost as if he was one of their fellow police officers. And you see this from too many clerks...this cockiness...and their absolute sense of self-righteousness. The only problem is that they are SINNERS TOO (apart from any actual criminal behavior). They should go to church sometime and learn the truth. YOu need to know you are a sinner,confess you are a sinner, ask for grace from God because you are a sinner. But apart from the theology lesson, the police should not be empowering the clerks to such an extent that they believe they can abuse customers and get away with it. Shame on the Orange PD! Shame on this clerk, and his accomplice !
--
" If u declare with your mouth,
"Jesus is Lord," & believe in your heart
that God raised Him from the dead,
u will be saved."
Romans 10.98/25/14 KEY WORD "FLEEING": "PD: 7-Eleven clerk shoots fleeing beer thief in head "
"...According to an arrest report, 55-year-old Mariano Tejeda-Zuniga was booked into Clark County Detention Center in connection to a shooting that happened about 3:45 a.m. in the 2100 block of Maryland Parkway....Officers were then given permission to view security video of the incident, which showed Tejeda-Zuniga chasing a man out of the store and firing a gun at the person. Tejeda-Zuniga claimed the man walked out with beer without paying for it...."
" If u declare with your mouth,
"Jesus is Lord," & believe in your heart
that God raised Him from the dead,
u will be saved."
Romans 10.9"Top 95 Complaints and Reviews about 7-Eleven"
NOTE:
"7-Eleven does NOT participate in the ConsumerAffairs accreditation program. Learn More"--
" If u declare with your mouth,
"Jesus is Lord," & believe in your heart
that God raised Him from the dead,
u will be saved."
Romans 10.9PORTLAND 5/19/14 "7-Eleven cashier caught shorting customers"
http://www.katu.com/news/problemsolver/7-Eleven-cashier-caught-shorting-customers-259835211.html
--
" If u declare with your mouth,
"Jesus is Lord," & believe in your heart
that God raised Him from the dead,
u will be saved."
Romans 10.9SAN ANTONIO: "7-11 clerks busted in alleged $82,000 lottery scam"
http://www.khou.com/story/news/local/texas/2015/08/05/7-11-clerks-busted-alleged-82000-lottery-scam/31154627/
--
" If u declare with your mouth,
"Jesus is Lord," & believe in your heart
that God raised Him from the dead,
u will be saved."
Romans 10.9THIS IS HAPPENING MORE & MORE: "‘Get out white boy’: Ex-D.C. official sues city"
Racism against whites by blacks & latinos is on the rise,
although usually it is more covert than overt:
THIS IS HAPPENING MORE & MORE:
"'Get out white boy': Ex-D.C. official sues city"
" If u declare with your mouth,
"Jesus is Lord," & believe in your heart
that God raised Him from the dead,
u will be saved."
Romans 10.9warning re graphic language & abuse: i suspect GREG made this youtube comment using a fake name "daniel travanti"
this is the comment I found on my youtube channel that I use to raise awareness about this clerk (greg) & his accomplice at the 7-11 on Chapman in orange California . Going to the user's channel you find nothing, meaning he probably started a channel using a fake name so he could post this comment anonymously. This would fit his profile of verbal abuse.
******************
"You sir, are a pathetic shit-stain.Good day."
***********************
see Daniel travanti's (ie greg the clerk? ) youtube channel at:
MY VIDEO RESPONSE to the HORRIFIC 7-11 INCIDENT ON CHAPMAN AVE IN ORANGE CA
Also see
https://www.youtube.com/watch?v=Xb129SrZ8iI
https://www.youtube.com/watch?v=9gnjIFTjmjQ
*****************
ALSO
http://shame-on-711-orange-california.blogspot.com/2015/10/welcome-82015-city-of-orange-police.html
warning: graphic language (by them, not me);
note: this is ALSO A PRAYER REQUEST. Ever since this happened I have felt depressed, and a loss of confidence in humanity and citizenship, and possibly a loss of confidence in police (they said they were going to go forward with vandalism charges...but as of 10/9/15 apparently only against the Latino guy...why NOT the white clerk too? He assisted the latino guy in trying to get away with my phone, or preventing me from getting it back...by sticking his arms out. So I ask for prayers for me to regain my gumption for life here in southern California as a Christian evangelist.
*******
TRANSCRIPT:
https://www.youtube.com/watch?v=Xb129SrZ8iI
https://www.youtube.com/watch?v=9gnjIFTjmjQ
*****************
ALSO
http://shame-on-711-orange-california.blogspot.com/2015/10/welcome-82015-city-of-orange-police.html
warning: graphic language (by them, not me);
note: this is ALSO A PRAYER REQUEST. Ever since this happened I have felt depressed, and a loss of confidence in humanity and citizenship, and possibly a loss of confidence in police (they said they were going to go forward with vandalism charges...but as of 10/9/15 apparently only against the Latino guy...why NOT the white clerk too? He assisted the latino guy in trying to get away with my phone, or preventing me from getting it back...by sticking his arms out. So I ask for prayers for me to regain my gumption for life here in southern California as a Christian evangelist.
*******
8/21/15 i am NOW CONVINCED that this was an anti-CHRISTIAN HATE CRIME,
combined w/ "college boy" jealousy (a lot of these workers have intense anger towards those who went to college, especially adult white males, who they like to refer to as "white boys" no matter what age (i'm a 48-year-old man by the way, and partly disabled):
TRANSCRIPT:
volunteer: "greg where's the sign that says there's a $2 minimum...i'm a volunteer..
BALD RED (BR "greg"): anything credit or debit..
ME: who made that up..
that's policy..store policy.
BR:do u want to be served or not..k sir do u want to be served or not?
ME: r u the owner?
BR: no, I'm not...i'm the owner, sole proprietor, operator, I'm security, I'll escort you out...so, get out of here...
ME: did I do something wrong? c'mon...
BR: you're being a smartass..
ME: i'm just asking why...get out...I talked to the owner yesterday , he didn't say that...
BR: [unintelligble...maybe i'll talk to him too ? "what's he going to do?"
ME: what's your name?
BR: greg. get out.
ME: ok greg you're on tape.
BR: get out. you're a smart ass
me: u want to... you're on videotape...u want to hit me, r u going to hit me?
BR: get out.no, why would I hit you ?
me: you're acting violent toward me.
BR: You're a lame. you're a lame. why would I hit you?
me: I'm a lame? why am I a lame?
BR: because you're a lame.
you're a punk.
me: what's that mean? I'm a punk.
BR: what u think you're going to provoke me? you're a f__k__g moron. yes you are.
me: wow! ok.greg thank you. i'll talk to noah...
BR: yes I have it on video too.
LATINO GUY(LG):.get out of here
me:u work here too?
LG: i'm from the hood, now get the F out...get out homie.
me: NO, you don't talk to me that way.
LG: get out.
ME: no.
LG: you don't want trouble. why are you talking to me that way. I didn't do anything wrong. who r U?
LG: u don't need to worry about who I am. u don't like me. No, I don't. u start s--t...; just get out.
me: what did I do wrong? no, not the way you talk to me like that. who is this guy?
LG: get out. [
BR: GET out of my establishment.
me: NOW its your establishment?
BR: yeah it is. I'm the one in charge of it right now.
me: r u the owner. [he starts walking around toward me again]
LG: I'M telling u bro.
me: u dont scare me man.
LG: the F what I do.
me: are you going to hit me? u going to hit me?
BR: Get the F--k out !
me: U just hit me, kicked me with ..i'll wait for the police.
BR: Get the F out of our property dude. excuse me, get out. Get out of my face.
me: u just hit me. [RIGHT THERE HE HIT MY HAND HOLDING THE PHONE] i'll wait for the police
BR: wait for the police, get the F---k outta here. guess who's side they are going to be on u f--k--ng moron.
me: I don't care. i'll wait for the police.
BR: I asked u to leave. get the F--k outta here.
me: i can stand here
BR: you're disrupting my business. this is private property u idiot.get the F--k off it.
me: i'll wait for the police.
BR: You're on private property. get off
me: i'll wait for the police.
BR: I'll take it as a personal threat.
me: ok.
LG: [i think he called me a bastard and a piece of sh-t...more unintelligble
me: what did I do man? I have a credit card
BR: come inside [he says to Latino]. leave this f--k--g out here.do NOT come in this f--k--g door, dude,
me: you're on video man. [he slams open the door hitting me again]
BR: stay away from my business
me: you're anger is going to get you in a lot of trouble. I didn't do anything wrong.
BR: u didn't do anything wrong? ur a smarta-- f--k--g b--tch...
me: I just asked to use my credit card, and asked why..and
BR: that's not what u said...don't lie u f--k--g idiot. i told u there's a $2 minimum, [unintelligible & facial contortions] you're a f--k--g b--tch.
me: you hate me because...
[ AT THIS POINT the LATINO GUY GRABS MY PHONE from MY HAND]. He will not give it back. He starts walking around the corner of the store. BR puts his arms out to block me from following the latino who has my phone. I push my way thru his arm blockade, and follow the latino around the corner of the store. I keep saying, Give me back my phone. SUDDENLY HE LIFTS HIS ARM & SMASHES MY PHONE on the CONCRETE as HARD AS HE CAN. It shatters. I bend down to pick it up and feel the heat of the two of them near my back as if they are about to attack me. I turn and run with the phone back around to the front of the store and to the donut shop next to it. I ask the Asian ladies working there to call the police. They refuse to call the police. They tell me to use the payphone right outside the door. I pick up the payphone and call 911 and start telling the person to send police. As I am speaking I see a police car driving by but doesn't appear to be coming to the parking lot. I put the phone down and run to the street and wave the officer (Ruelas) down. Ruelas pulls into the parking lot and I tell him what happened.
[i will continue narrating this in the near future...but as of 10/12/15 the City of Orange police little to nothing about it. In every interaction with them (Officer Smith, Detective Maldonado, Detective Murphy) they have emphasized that I could be charged with trespassing, and that the store clerk has the legal right to verbally abuse me. They have downplayed the smashing of the phone, even slightly questioning whether it actually happened (despite having my broken phone as "evidence" in their possession)
( "detective" maldonado tried to re-narrate by saying it was "tossed" in the bushes...but the cover was literally shred into pieces...it landed on the back (on the battery & back cover) not on the front so it didn't shatter the glass but it sent small parts flying..the phone was totally destroyed ...even the extended life battery was swollen up with parts distended ...surprisingly the battery still works but with a replacement phone the cover won't fit because the battery is too swollen).
Most importantly, they are only seeking the Latino guy for "questioning"...not even an arrest warrant (for vandalism)...meaning, in essence, they are not going to put an ounce of effort into finding him. They are trying to sweep it under the rug.
And they're not going to do anything to the clerk for assisting the latino in stealing and destroying my phone. As best as I can tell, the clerk suddenly became concerned about me having video of his temper tantrum and told the Latino guy to come with him back outside the store where I was waiting for the police, and they planned together to get the phone and destroy it with the intent of destroying the video.
The only problem (for them) is that even though they destroyed the phone, they didn't destroy the sd card that contains the video (and all other externally-stored data).
The only problem for me is that the City of Orange police don't seem to care about doing anything, let alone defending me. I believe it is "college boy' discrimination. Even cops do this. Although I am a 48-year-old man, it is more convenient for the cops to keep me in my place by giving me the "college boy" treatment (ie thinks he's smart, has a sense of entitlement, we'll show him who's boss, etc ).
[i will continue narrating this in the near future...but as of 10/12/15 the City of Orange police little to nothing about it. In every interaction with them (Officer Smith, Detective Maldonado, Detective Murphy) they have emphasized that I could be charged with trespassing, and that the store clerk has the legal right to verbally abuse me. They have downplayed the smashing of the phone, even slightly questioning whether it actually happened (despite having my broken phone as "evidence" in their possession)
( "detective" maldonado tried to re-narrate by saying it was "tossed" in the bushes...but the cover was literally shred into pieces...it landed on the back (on the battery & back cover) not on the front so it didn't shatter the glass but it sent small parts flying..the phone was totally destroyed ...even the extended life battery was swollen up with parts distended ...surprisingly the battery still works but with a replacement phone the cover won't fit because the battery is too swollen).
Most importantly, they are only seeking the Latino guy for "questioning"...not even an arrest warrant (for vandalism)...meaning, in essence, they are not going to put an ounce of effort into finding him. They are trying to sweep it under the rug.
And they're not going to do anything to the clerk for assisting the latino in stealing and destroying my phone. As best as I can tell, the clerk suddenly became concerned about me having video of his temper tantrum and told the Latino guy to come with him back outside the store where I was waiting for the police, and they planned together to get the phone and destroy it with the intent of destroying the video.
The only problem (for them) is that even though they destroyed the phone, they didn't destroy the sd card that contains the video (and all other externally-stored data).
The only problem for me is that the City of Orange police don't seem to care about doing anything, let alone defending me. I believe it is "college boy' discrimination. Even cops do this. Although I am a 48-year-old man, it is more convenient for the cops to keep me in my place by giving me the "college boy" treatment (ie thinks he's smart, has a sense of entitlement, we'll show him who's boss, etc ).
ATTENTION: DETECTIVE MURPHY, ORANGE POLICE DEPT 9/22/15
|
FYI: re OUR CONVERSATION ON 9/21/15 . I just
wanted to provide you with some reading material and legal statutes (&
related links) re aspects of freedom of speech. I thought you overly-simplified
the matter too much in favor of the 7-eleven clerk & accomplice in terms of
what the law allows, or forbids. Clearly, there are certain EXCEPTIONS to
“freedom of speech” and the 1st Amendment. I think you KNOW this but
for some reason chose to overly-simplify the matter totally in favor of the
7-eleven clerk.
Even when I said the words “emotional distress” you objected and seemed to try to suggest that there was no such law whatsoever against “intentional infliction of emotional distress” . I beg to differ and have provided some reading material for you below. Sure, these may be matters governed by a civil court more so than a criminal court, but that does not make them any less “against the law.”
Even when I said the words “emotional distress” you objected and seemed to try to suggest that there was no such law whatsoever against “intentional infliction of emotional distress” . I beg to differ and have provided some reading material for you below. Sure, these may be matters governed by a civil court more so than a criminal court, but that does not make them any less “against the law.”
To repeatedly emphasize the absolute 100% “legal right” of a person to
use profanity and intimidating/abusive language towards a person seems to be
not only contrary to the various exceptions to “freedom of speech” but could be
an encouragement to such persons to continue to engage in what is clearly
contrary to all aspects of good, civil, citizenship about which there is no
argument.
I don’t know what agenda there may be by the Orange PD, or specific persons employed by the Orange PD, to repeatedly emphasize the possibility of “trespassing” charges against me while minimizing the abusive behavior of the clerk, but it is clearly an “agenda” more so than based on rule of law.
I have no long-term agenda to pursue this as a matter of “infliction of emotional distress”, nor did I have any pre-meditated agenda. But if it did go to court, it would be a matter decided by a judge and jury, not by a few police officers or detectives. Certainly, the detectives and police officers are entitled to their legal opinion, but ultimately it is a matter decided by the judicial process, not by the individual officers or detectives. I think you know that, but I have included the following reading material in case it is a matter of ignorance about the law:
I don’t know what agenda there may be by the Orange PD, or specific persons employed by the Orange PD, to repeatedly emphasize the possibility of “trespassing” charges against me while minimizing the abusive behavior of the clerk, but it is clearly an “agenda” more so than based on rule of law.
I have no long-term agenda to pursue this as a matter of “infliction of emotional distress”, nor did I have any pre-meditated agenda. But if it did go to court, it would be a matter decided by a judge and jury, not by a few police officers or detectives. Certainly, the detectives and police officers are entitled to their legal opinion, but ultimately it is a matter decided by the judicial process, not by the individual officers or detectives. I think you know that, but I have included the following reading material in case it is a matter of ignorance about the law:
‘Certain categories of speech are
not entitled to First Amendment protection, including fighting words, true
threats and incitement to imminent lawless action. If a person engages in
profane fighting words or utters a true threat with profanity, those words may
not be protected speech….” http://www.firstamendmentcenter.org/remember-profanity-isnt-always-protected-speech
re “FIGHTING WORDS”
“What does it mean for words to be
"inherently like to provoke an immediate violent
reaction"? It means that:
1.
The speaker said something reasonably likely to
provoke someone else to react violently, AND
2.
When s/he made the statement, there was a clear
and present danger that the other person would immediately erupt into violence.It doesn't matter
whether the defendant intended to provoke a violent response from someone.” http://www.shouselaw.com/disturbing-peace.html#1.3
“This makes it difficult to prohibit catcalls and other types of
verbal street harassment. But the First
Amendment is intended to protect our rights in the context of political
discourse and democratic debate. It doesn’t mean that we have the right to use profanity or
insult each other whenever we feel like it…” [emphasis added]
Lawmakers
can’t broadly prohibit speech, even when it is insulting or offensive to some.
However, U.S. courts have ruled that the First Amendment does not protect
speech that is likely to incite violence because “fighting words” do not
contribute to democratic discourse and because society has a collective
interest in reducing violence.
As such, words or language that would incite a reasonable person to react violently may be legally prohibited. Many of the verbal harassment laws included in this guide either refer specifically to fighting words or prohibit taunts, insults, or other language that is likely to incite a violent reaction. Fighting words are typically prohibited by disorderly conduct, disturbance of the peace, and harassment laws.”
Intentional Infliction of Emotional Distress—“Outrageous Conduct” Defined
California Civil Jury Instructions (CACI): 1602.
“Outrageous conduct”
is
conduct
conduct
so extreme that it
goes
beyond all
beyond all
possible bounds of
decency.
decency.
Conduct is
outrageous if
a
a
reasonable person
would
regard the
regard the
conduct
as intolerable in a
civilized
as intolerable in a
civilized
community....
Outrageous conduct does not
include trivialities such as indignities,
annoyances, hurt feelings, or bad
manners that a reasonable person is expected
to endure.
In deciding whether [name of
defendant]’s conduct was outrageous, you may consider, among other factors,
the following: (a) Whether [name of defendant] abused a position of
authority or a relationship that gave [him/her] real or apparent power to
affect [name of plaintiff]’s interests;(b) Whether [name of defendant]
knew that [name of plaintiff] was particularly vulnerable to emotional
distress; and(c) Whether [name of defendant] knew that [his/her] conduct
would likely result in harm due to mental distress. [ALBEIT there is also
“negligent infliction of emotional distress” which does not require a defendant
to have “known” in a premediated manner that it might cause emotional distress,
see http://www.west.net/~smith/distress.htm
]
… “Conduct to be
outrageous must be so extreme as to exceed all bounds of that usually tolerated
in a civilized community.” (Davidson v. City of Westminster (1982)
32 Cal.3d 197, 209 [185 Cal.Rptr. 252, 649 P.2d 894].) “[L]iability ‘does not
extend to mere insults, indignities, threats, annoyances, petty oppressions, or
other trivialities… There is no occasion for the law to intervene . . . where
someone’s feelings are hurt.’ ” (Agarwal v. Johnson (1979) 25
Cal.3d 932, 946 [160 Cal.Rptr. 141, 603 P.2d 58], quoting Rest.2d Torts, § 46,
com. d, overruled on other grounds in White v. Ultramar, Inc. (1999)
21 Cal.4th 563, 579—580 [88 Cal.Rptr.2d 19, 981 P.2d 944].) “ ‘Behavior may be
considered outrageous if a defendant (1) abuses a relation or position that
gives him power to damage the plaintiff’s interests; (2) knows the plaintiff is
susceptible to injuries through mental distress; or (3) acts intentionally or
unreasonably with the recognition that the acts are likely to result in illness
through mental distress… , SEE https://www.justia.com/trials-litigation/docs/caci/1600/1602.html
|
Subscribe to:
Posts (Atom)