I'm not an attorney, but having been through the civil side of legal issues myself, perhaps I can shed some light on that question. The "serving of papers" to someone as part of a legal proceeding (such an in the case of a foreclosure or lien) is strictly a CIVIL matter. That's why Mr. Hammond was not arrested at the time. While things like fraud ARE crimes for which Mr. Hammond can be arrested and charged. Crimes such as fraud, theft by deception, etc., generally need to be proved by analysis and investigation. The investigators or prosecutor will then take such evidence before a judge to obtain an arrest warrant. Thus, Mr. Hammond would have been arrested ONLY if there were an outstanding warrant out for his arrest. Dieter Zakas
I have a correction to make about the court findings regarding Court Hammond and Doug Morgan ... I just learned via telephone the Siskiyou County Superior Court did NOT render a decision against Court and Doug. Nor did the Judge make any decision at all, but refused to make one. The plaintiffs took the issue to another, (higher) court, and that court ruled the Judge in Siskiyou Superior Court shall make a decision. So, hang onto your hats boys and girls. It's gonna be a wild ride. I only hope the Siskiyou County Superior Court Judge will not be angry with those who are forcing her to make the decision, and do what is right for those who Court Hamond has bilked out of fees for services rendered. I will post more as I learn more!
That's truly sad, Bill. A far cry from the times I stopped in and you gave me cab rides around the yard. That was great fun.
I attended the hearing at the Siskiyou Superior Court on May 30th. The farce goes on! Court Hammond's attorney and Doug Morgan continue to argue Morgan's lien is older than Chalatchie Boiler Works'. The Judge continued the case until the 30th of July, stating she is not familiar with Corporate Law! My question is ... why was she sitting to hear the arguements? I will try and be there for the next hearing. Hopefully there will be some decision made regarding the fate of old #19.
July 1, 2014 ... someone broke into the depot, (again) and then threw a cigarette into one of the planters on the platform causing it to start a fire! Fortunately, a passer-by saw the flames and called 911, then tried to extinguish the fire himself. The fire had gone down onto or under the platform so the fire department had to cut a hole in it to be sure they had gotten it all out. Hmmmmm ... I wonder if Hammond's fire insurance is paid up to date?
Flash!!! The wheels of justice continue to grind away! The 30 days for the parties to submit their briefs has passed, and word has it the next hearing will be on the 30th of August. However, at the last hearing the judge stated she is not well versed in Corporate Law and may have to refer the case to someone who is. I have a hunch this will have to go to Federal Court for a decision ... but I'm not sure Mr. Hammond would like to have to appear at that level due to the other 'issues' that he may face there. So everything keeps moving in the same direction, at the same pace ... which is pretty much nowhere at nothing. *sigh*
Don't we just love the rapidity at which government agencies move? Bill, maybe the State of Jefferson's agencies will move more quickly.
The 30th of October has come and gone, still with no obvious attempt by the court to make a decision on the Yreka Western, and the 19's fate. To my knowledge there is no date or action set for the immediate future to resolve the prolonged farce! Will it ever be resolved? Jim - The State of Jefferson is about as viable as the inept judge who is sitting on the bench!
I'm sure they've more important cases to resolve. Such as the one where someone got hit in the head with a rain drop, and is suing the sky for assault.
Okaaaay! I attended a meeting last night with the person who is working his tail off trying to save the YW, and the 19. Also in attendance was my fireman and a past Mayor of the of City of Montague, and now a sitting member of the Montague City Council. Item number one: The court has rulled against Doug Morgan / Court Hammond; Number two: There is a MOU with Southern Pacific Co, (yes, they still exist!) for an organization to purchase the Siskiyou line between Weed, CA and Ashland, Ore using various grants, etc. The only thing that stands in the way is Roseburg Forest Products, in Weed. For some reason, they are balking at the idea. What is needed is for all of the potential shippers to agree to use the rail service IF the deal goes through. Freight service will be addressed first. Then, if the 19 is still available, tourist passenger service will be put into service. A five year business plan needs to be set into place. The general feeling by the person who is doing all the hard work, it that Morgan and Hammond may appeal the ruling to the Federal Court in Sacramento. However, the consensus is ... IF that happens, all of the fraud and pilfering of the YW's assets will be brought into light. This would not be a good thing for the 'bad guys'! Hammond is well known for stalling legal procedures in an attempt to 'weardown' the opposition. I'm sure he will have something up his sleeve! I'll keep you informed as information reaches me.
We have someone up here who has been doing the same for years. Except is isn't working. Those involved are simply getting madder and not backing away.
I thought Corp had run test trains over the hill a few years back and gwi was interested in Ashland to weed business if the freight levels justified. What am I missing here?
