You’ve probably heard various explanations of the difference between comedy and tragedy. My favorite is that comedy is when you slip on a banana peel and fall, but when I slip on a banana peel and fall, that’s a tragedy. I’m reminded of that explanation by this report that a critic of the civil justice system has filed his very own class action.
It seems that Fred Hiestand, the General Counsel of the California Civil Justice Association, recently filed a class action against the City of Sacramento because they City illegally towed his car. The oddly named California Civil Justice Association is one of those slick corporate funded organizations that advocates for closing the courts to ordinary consumers. Sure, they talk a good game. They claim to be about reducing costs of frivolous lawsuits and the like. But it doesn’t take too much digging to see that they simply want to take away the right to trial by jury.
The facts of Mr. Hiestand’s case make for interesting reading. According to the linked report, Mr. Hiestand parked his car in a spot marked by a “No Parking” sign so that he and his family could eat at a fast food restaurant. He figured it was okay because they wouldn’t be gone for an hour.
He returned to find his car towed, and Mr. Hiestand reportedly became upset. He seeks damages because the City failed to follow the law when it towed the car.
So good luck with that, Mr. Hiestand. Those of us who actually try cases know that you’re going to have a tough time convincing a jury that your decision to park in a no-parking zone entitles you to a free pass. But I’ll be curious to know how the California Civil Justice Association is dealing with this one. See, when a consumer files a case that offends you or your association, it’s “frivolous.” But of course, when you get upset and decide to file a case to remedy a wrong, your case isn’t frivolous.
One of my favorite Yiddish words is “chutzpah.” I’m not a scholar of the language and only know a few words and phrases of that dead language spoken by my ancestors. But the word is commonly translated as “nerve,” though scholars tell us that it’s not a great translation. The example commonly given is that when a man kills his parents and throws himself at the mercy of the court as an orphan, that’s chutzpah. I think I now have a new and updated example. Thanks for that Mr. Hiestand and best of luck to you.
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