Issue link: https://www.epageflip.net/i/20979
6B – Daily News – Tuesday, December 7, 2010 Televised gay marriage hearing attracts audience SAN FRANCISCO (AP) — The legal fight over California’s gay marriage ban went before a federal appeals court Monday in a hearing that reached a nationwide TV audience anxious for a final decision on whether the measure violates the U.S. Con- stitution. The hearing before a three-judge panel of the 9th U.S. Circuit Court of Appeals also focused on whether supporters of voter- approved Proposition 8 have legal standing to challenge a lower court ruling that the ban was unconstitutional. The judges did not issue an immediate ruling and no timetable has been set. C-SPAN piped the nearly three-hour hear- ing into law schools, courthouses, communi- ty centers and elsewhere across the country, giving the public outside the 9th Circuit headquarters in San Francisco its first — and possibly last — direct look at the debate rag- ing in the landmark challenge that could impact gay marriage bans in other states. Earlier this year, the U.S. Supreme Court blocked a district court judge in San Fran- cisco from broadcasting the full trial. The Supreme Court has a blanket ban on televis- ing its own proceedings, meaning future hearings will be blacked out if the gay mar- riage case reaches the high court, as many legal experts and lawyers on both sides think it might. Matt Walker, 60, of Los Angeles watched the hearing with about 20 other people at the Los Angeles Gay and Lesbian Center in West Hollywood, saying the lives of many of his friends would be affected by the final decision. He found the hearing fascinating. ‘‘Nobody from either side was getting a pass. The judges asked very probing ques- tions,’’ he said. Only a few people gathered at the San Francisco Lesbian, Gay Bisexual and Trans- gender Community Center to watch the hearing that was broadcast at multiple loca- tions in the city. ‘‘I feel like it’s our civil rights issue of today,’’ said Jubilee Menzies, a 33-year-old who recently passed the state bar exam. Roberto Isaac Ordenana, a spokesman for the center, was pleased the hearing was broadcast so ‘‘more people have access to the reality of countless lesbian, gay, bisexu- al and transgender people and their commu- nities.’’ Viewers watched attorney Charles Coop- er, who represents sponsors of the ban, argue that the state can treat same-sex couples dif- ferently when it comes to marriage without running afoul of the Constitution because ‘‘sexual relationships between men and women naturally produce children.’’ ‘‘Society has no particular interest in a platonic relationship between a man and a woman no matter how close it might be, or emotional relationships between other peo- ple as well, but when the relationship becomes a sexual one, society has a consid- erable interest in that,’’ Cooper told the judges. ‘‘It’s vital interests are actually threat- ened by the possibility of an unintentional and unwanted pregnancy.’’ Judge Stephen Reinhardt replied: ‘‘That sounds like a good argument for prohibiting divorce. But how does it relate to having two males and two females marry each other and raise children as they can in California and form a family unit where children have a happy, healthy home?’’ The issue of legal standing surfaced after outgoing California Gov. Arnold Schwarzenegger and Attorney General Jerry Brown both refused to challenge the ruling that overturned the ban. Cooper contended the coalition of reli- gious and conservative groups that spon- sored Proposition 8 should be allowed to appeal because of the moves by Brown and ‘‘I feel like it’s our civil rights issue of today.’’ Jubilee Menzies Schwarzenegger. However, his claim met skepticism by Judge N. Randy Smith. ‘‘There is no question the attorney gener- al has a duty to defend all the causes the state or any state official is a party in,’’ Smith said. ‘‘Did you ever seek an injunction or an order or anything suggesting the attorney general should appeal and appeal?’’ The panel appeared dubious about whether the ban’s supporters were qualified to appeal but also seemed worried about allowing the governor and attorney general to effectively kill Proposition 8 by refusing to defend it. ‘‘If the state does not defend it, it’s just tossing in the towel,’’ Judge Reinhardt said. ‘‘The governor is not allowed to veto this measure, but he can in effect veto it.’’ Opponents of Proposition 8 contend it violates the due process and equal protection rights of gays and lesbians under the U.S. Constitution by denying them the right to marry the person of their choice and by sin- gling them out for disparate treatment with- out a legitimate rationale. Supporters of the ban succeeded in keep- ing the full trial earlier this year from being televised, saying they feared broadcasts could prompt violent extremists who support gay marriage to attack lawyers and witness- es who would be identified on TV. The U.S. Supreme Court prohibited the broadcasts with a 5-4 ruling. The unsigned opinion also said U.S. District Court Judge Vaughn Walker attempted to change the local court’s rules barring broadcasts ‘‘at the eleventh hour to treat this case differently than other trials.’’ University of Pittsburgh law professor Arthur Hellman, who watched Monday’s hearing in his office, said he understood the reluctance of the U.S. Supreme Court to allow television from its hearings. The temptation for media to distort images or comments becomes greater with the high court than with lower courts that don’t attract as much public attention, he said. ‘‘I think it will be some time before the Supreme Court allows cameras,’’ Hellman said. In contrast, the 9th Circuit has allowed broadcasts of civil cases for years, and many state courts for decades have allowed broad- casts of high-profile cases such as the 1995 O.J. Simpson murder trial in Los Angeles, which became a ratings bonanza. The California Supreme Court televises many of its oral arguments and twice aired gay marriage hearings when the case came before it. Thousands gathered in front of a large- screen television set up in a park across from San Francisco City Hall in March 2009 to watch a skeptical state Supreme Court grill gay marriage supporters over why it should invalidate California Proposition 8. The state Supreme Court upheld the proposition later that year, which led to the federal lawsuit now under consideration before the 9th Circuit. Lawyer Austin Nimocks, who represents Proposition 8 sponsors, said the cameras did not affect arguments made Monday by his colleagues or questions asked by the judges. Theodore Olson, who argued a portion of the case on behalf of the plaintiffs, said the case involves important civil rights issues. ‘‘I am so glad it was televised because the American people could see what the issues are,’’ Olson said. Legal Notices Legal Notices Legal Notices Legal Notices LEGAL NOTICE NOTICE OF TRUSTEE’S SALE TS No. 09-0049807 Title Order No. 4100109 Investor/Insurer No. 1703136146 APN No. 063-190-50-1 YOU ARE IN DEFAULT UNDER A DEED OF TRUST, DATED 02/17/2007. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER." Notice is hereby given that RECONTRUST COMPANY, N.A., as duly appointed trustee pursuant to the Deed of Trust executed by FREDERICK GONSALVES, AN UNMARRIED MAN, dated 02/17/2007 and re- corded 02/27/07, as Instrument No. 2007003707, in Book , Page ), of Official Records in the office of the County Recorder of Tehama County, State of Califor- nia, will sell on 12/21/2010 at 2:00PM, At the main entrance to the Tehama County Courthouse, 633 Washington Street, Red Bluff, CA 96080 at public auction, to the highest bidder for cash or check as described below, paya- ble in full at time of sale, all right, title, and interest con- veyed to and now held by it un- der said Deed of Trust, in the property situated in said County and State and as more fully de- scribed in the above referenced Deed of Trust. The street ad- dress and other common desig- nation, if any, of the real proper- ty described above is purported to be: 7820 CENTRAL AVENUE, GERBER, CA, 960359658. The un- dersigned Trustee disclaims any liability for any incorrectness of the street address and other common designation, if any, shown herein. The total amount of the unpaid balance with inter- est thereon of the obligation se- cured by the property to be sold plus reasonable estimated costs, expenses and advances at the time of the initial publica- tion of the Notice of Sale is $172,666.39. It is possible that at the time of sale the opening bid may be less than the total in- debtedness due. In addition to cash, the Trustee will accept cashier’s checks drawn on a state or national bank, a check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, savings asso- ciation, or savings bank speci- fied in Section 5102 of the Finan- cial Code and authorized to do business in this state. Said sale will be made, in an ’’AS IS’’ con- dition, but without covenant or warranty, express or implied, re- garding title, possession or en- cumbrances, to satisfy the in- debtedness secured by said Deed of Trust, advances thereunder, with interest as pro- vided, and the unpaid principal of the Note secured by said Deed of Trust with interest thereon as provided in said Note, plus fees, charges and ex- penses of the Trustee and of the trusts created by said Deed of Trust. DATED: 07/24/2009 RECONTRUST COMPANY, N.A. 1800 Tapo Canyon Rd., CA6-914- 01-94 SIMI VALLEY, CA 93063 Phone: (800) 281 8219, Sale Infor- mation (626) 927-4399 By:-- Trustee’s RECONTRUST COMPANY, N.A. is a debt collector attempting to collect a debt. Any information obtained will be used for that purpose.ASAP# FNMA3817343 11/23/2010, 12/07/2010 Sale Officer 11/30/2010, LEGAL NOTICE TS #: CA-10-380010-RM Order #: 100489067-CA-BFI NOTICE OF TRUSTEE’S SALE YOU ARE IN DE- FAULT UNDER A DEED OF TRUST DATED 10/3/2003. UNLESS YOU TAKE ACTION TO PROTECT YOUR PROPERTY, IT MAY BE SOLD AT A PUBLIC SALE. IF YOU NEED AN EXPLANATION OF THE NATURE OF THE PROCEEDING AGAINST YOU, YOU SHOULD CONTACT A LAWYER. A public auction sale to the highest bidder for cash, cashier’s check drawn on a state or national bank, check drawn by a state or federal credit union, or a check drawn by a state or federal savings and loan association, or savings as- sociation, or savings bank speci- fied in Section 5102 to the Finan- cial Code and authorized to do business in this state, will be held by duly appointed trustee. The sale will be made, but with- out covenant or warranty, ex- pressed or implied, regarding ti- tle, possession, or encumbran- ces, to pay the remaining princi- pal sum of the note(s) secured by the Deed of Trust, with inter- est and late charges thereon, as provided in the note(s), advan- ces, under the terms of the Deed of Trust, interest thereon, fees, charges and expenses of the fh l ( Tehama County’s Personal/Professional Service Directory AT YOUR SERVICE! $ 9900 3 month Attorney Local Bankruptcy Attorney Jocelyn C. Olander 530-824-0288 Free Consultation Payment Plans Available Web: www.jcoattyatlaw.com email: mail@jcoatty atlaw.com A federally qualified Debt Relief Agency under 11 U.S.C. 101(12(A)) Advertisement Clock Repair If this was your Service Directory ad customers would be reading it right now!! Call us at 527-2151 For more information BANKRUPTCY Free information $50/mo. + court fee MICHAEL O. 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We offer comprehensive skin care products from; FOOT AND ANKLE SPECIALIST 2530 Sr Mary Columba Dr Red Bluff (530) 527-7584 Feet Health Trustee for the total amount (at the time of the initial publication of the Notice of Sale) reasonably estimated to be set forth below. The amount may be greater on the day of sale. BENEFICIARY MAY ELECT TO BID LESS THAN THE TOTAL AMOUNT DUE. Trustor(s): Barbara S. Perkins, an unmarried woman Recorded: 10/15/2003 as Instrument No. 021280 in book 2387, page 287 of Official Records in the Office of the Recorder of Tehama County, California; Date of Sale: 1/3/2011 at 02:00 PM Place of Sale: At the main entrance to the Tehama County Courthouse, 633 Wash- ington St., Red Bluff, CA Amount of unpaid balance and other charges: $85,767.68 The purport- ed property address is: 21636 Sacramento Ave Red Bluff, CA 96080 Assessors Parcel No. 035- 222-04-1 The undersigned Trust- ee disclaims any liability for any incorrectness of the property address or other common desig- nation, if any, shown herein. If no street address or other com- mon designation is shown, please refer to the referenced legal description for property lo- cation. In the event no common address or common designation of the property is provided here- in directions to the location of the property may be obtained within 10 days of the date of first publication of this Notice of Sale by sending a written re- quest to JPMorgan Chase Bank, N.A. 7301 Baymeadows Way Jacksonville FL 32256 Pursuant to California Civil Code §2923.54 the undersigned, on behalf of the beneficiary, loan servicer or authorized agent, declares as follows: [ 1 ] The mortgage loan servicer has obtained from the commissioner a final or tempo- rary order of exemption pur- suant to Section 2923.53 that is current and valid on the date the notice of sale is filed; [ 2 ] The timeframe for giving notice of sale specified in subdivision (a) of Section 2923.52 does not apply pursuant to Section 2923.52 . If the Trustee is unable to convey title for any reason, the successful bidder’s sole and exclusive remedy shall be the return of monies paid to the Trustee, and the successful bid- der shall have no further re- course. If the sale is set aside for any reason, the Purchaser at the sale shall be entitled only to a return of the deposit paid. The Purchaser shall have no further recourse against the Mortgagor, the Mortgagee, or the Mortgagee’s Attorney. Date: Quality Loan Service Corp. 2141 5th Avenue San Diego, CA 92101 (619) 645-7711 For NON SALE in- formation only Sale Line: (714) 573-1965 or Login to: www.priorityposting.com Rein- statement Line: 619-645-7711 Quality Loan Service, Corp. If you have previously been dis- charged through bankruptcy, you may have been released of personal liability for this loan in which case this letter is intend- ed to exercise the note holder’s rights against the real property only. This notice is sent for the purpose of collecting a debt. This firm is attempting to collect a debt on behalf of the holder and owner of the note. Any in- formation obtained by or provid- ed to this firm or the creditor will be used for that purpose. As required by law, you are hereby notified that a negative credit report reflecting on your credit record may be submitted to a credit report agency if you fail to fulfill the terms of your credit obligations. P776437 12/7, 12/14, 12/21/2010 gp D NEWSAILY Website: RED BLUFF TEHAMACOUNTY T H E V O I C E O F T E H A M A C O U N T Y S I N C E 1 8 8 5 redbluffdailynews.com E-Mail: advertise@redbluffdailynews.com CREAMS, SALTS, MOISTURIZERS, GIFT SETS www.aerosilknatural.com SPA SKIN CARE PRODUCTS ALL NATURAL INGREDIENTS