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, 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.
(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.
"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 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.
Specifics