philosophy clip

https://www.facebook.com/reel/1513723549780940?fs=e&mibextid=wwXIfr&fs=e


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concurrent email

 Jaime,

Yesterday I mailed a certified letter to the Santa Ana PO Box formally requesting all records related to the claim, pursuant to insurance codes/statutes.

A writer once said reality is that which doesn’t go away if you stop thinking about it and since October 15th this situation has been a daily fretful wondering and rumination for me. I had not been in a collision since a teenager and due to the circumstance that day, thought nothing except to give my DL/Insurance to a guy whose front passenger wheel was over the parking line. He was at least six feet tall with over fifty pounds of gym/workout muscle and dark mean eyes in my opinion. I was profusely apologetic in the moment, and figured oh well that’s life and reminded myself to be more careful even though Muta was in part at fault. I had forgotten about it a few days until October 15th when Daisy called to say he and his child had bodily injury—a double whammy in that there wasn’t anyone in the car because we took photos of my DL/Insurance in front of his car, and which I looked into, so unless it was an infant behind the passenger seat, there’s no way; plus, during the entire incident he acted like he was alone. In fact, after I realized I had made contact and pulled four/feet back into the space and I looked over at him, he glared at me like, “Did you just scratch my car?” There was no motion/recognition on his part of an infant in the back seat. 

I’m now doubting the incident took place on the 14th and in regards to your latest letter, according to my records you are factually incorrect, AAA did not update me on November 24th, I called asking what was happening with the investigation. Record of an outgoing call on that date would prove it. But even so, that’s over a month after I was told there would be an investigation and I would be apprised of the situation. A transcript of the call on the 15th will show I had no idea what was in store with a fraudulent claim made against me. 

To be candid, part of me does not want to settle and make whole this situation, because as a writer/artist, which I can demonstrate in a court of law, I haven’t been able to function normally—and not just for the worry—but I have subsequently had to research things, and am still doing so to this day, alongside the constant, nagging, rumination. Please re-read my previous emails and get back to me by January 9th. I gather the formal request will arrive before then.

And please know, I know the insurance industry has standards/practices and you and Daisy and Nicole and Jaunita are just doing your job. All this aside, I hope 2026 is a good year for everyone associated with this claim, and their loved ones, except Muta, as he is why we are caught in this.

Sincerely,

John De Herrera 

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Check out this title on Audible

Cicero: The Life and Times of Rome's Greatest Politician
By Anthony Everitt
Narrated by John Curless

Listen on Audible:
https://www.audible.com/pd/B00PRAGZWU?source_code=ASSORAP0511160006&share_location=player_overflow


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9x12" pastel

poem

(untitled)

When hope and humor are all that's left, when rumor is bereft from joy of Sun and Earth and our place between them.

9x12" oil pastel

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recent email :(

 Jaime,

 

When you did not reply to the email below, and I then almost a week later received a voicemail from Daisy stating she was going to close the claim—after I had been told it was settled and DMV notified—then kicked up to Nicole, then kicked up to Jaunita, then kicked up to you—it was my worst fear.

 

"Original proceedings”—writ proceedings—make up 6–10% of the appellate caseload; of that percentage, writs of mandamus make up 25%. Because we are dealing with a fraudulent insurance claim by Mr. M and a failure of AAA to fulfill statutes and codes in the claims process, resulting in a bodily injury point on my driving record, which directly impacts my livelihood, you are leaving me no option but to file a writ of mandamus asking for, among other things, records of your investigation, including the recorded call with Daisy on October 15th in which she expresses doubts about the claim. State government and well-settled law provides the court “broad discretion” in a writ proceeding, so any number of things can happen once filed.

The reason I beseeched you in the below email, to work with me, to come to satisfactory terms under the circumstance, is because if/when I file the writ in either Departments 82, 85 or 86 at the Stanley Mosk Courthouse in downtown Los Angeles, service by the sheriff’s department will go to AAA headquarters in Costa Mesa. I was and still am pleading with AAA to avoid that.

 

I’m sorry, but if I don’t hear back by January 1, 2026, before the end of next month I will have perfected the writ, with all the information I’ve obtained, including all out-going and in-coming call times/messages, and subsequent contact with the property manager and one tenant at the location of the incident, and I'll have the sheriff deliver a summons with a heading such as: PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

Of course if/when the writ is filed, no one knows which judicial officer will adjudicate it. The worst case for me is they side with AAA, and with that I’ll take a lump from the status quo. The worst case for AAA is the court sides with my standing in the situation, which then would be ground for a suit. To be candid, as I’ve dealt with this issue for weeks on end now, which I admit has been traumatizing, part of me wouldn’t mind if AAA calls what it may see as a bluff.

 

I’m truly sorry, I really love AAA. This is a true/valid email which can/may be used in a court of law, please have the appropriate AAA representative contact me as soon as possible.

 

John De Herrera

 

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(playscript)

"Look, the only reason I'm here is because I'm too afraid to kill myself."

youtube video/actress

 can't speak French, but can tell she was really something

https://www.youtube.com/watch?v=YthVKAzAk1k&t=197s

Check out this title on Audible

Cicero: The Life and Times of Rome's Greatest Politician
By Anthony Everitt
Narrated by John Curless

Listen on Audible:
https://www.audible.com/pd/B00PRAGZWU?source_code=ASSORAP0511160006&share_location=player_overflow


Sent from my iPhone

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poem

(untitled)

Tom Robbins once said
the only piece of trash
that's OK
is a plain brown
paper bag.

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pt. dume, palos verdes, and catalina island

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beautiful morning/rainy day no sales

Ezra Pound documentary

https://youtu.be/x9GPbJOtPq0?si=VrbCxlCYueGM_BOA


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9x12" ink on paper

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old song now

https://music.apple.com/us/album/wings-of-time-from-the-motion-picture-dungeons/1675116985?i=1675116986


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The Greatness of George Washington

equally revelatory

https://youtu.be/So9JkPWiXLc?si=X9-lpPWhRGJh6aJY


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little boat on the sea

Gordon Wood: The Real Treason of Aaron Burr

revelatory

https://youtu.be/diCW3axFgI8?si=c82-AGy195W0GB8q


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art show

dear diary

so yesterday was sitting here and estimated based on driving up to Santa Barbara to get stuff, my new passport, that I had 50 bucks in the account. I got back I had canned food I could've just stayed put until Sunday for sales at the farmers market. But I needed a pack of smokes , so I drove down there with a folio of art and the guy at the Chevron told me I only had $10.91 in the account, so I paid half credit and the eight dollars in cash I had, went back to my car, lit up a smoke checked my bank account and it was at zero. So it's Halloween at Trancas Market kind of a ghost town so to say, but I said dude you got a put a folio on the outside table and hope someone comes along. Some guy rolls up in a Rolls-Royce, i had a dodger blue work, $200; went to the market got groceries and went home

dear diary

so the issue with the malibu art association has turned to harmony via diplomacy; picking up prints to put up in starbucks and shops on monday, driving all over calabasas and agoura for the show at malibou lake clubhouse nov 9; it will be fun

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dear diary

not through yet with the book-form of late poe biography, but the audible title says he briefly associated with jesuits, so late theory is they killed him; prob because of eureka. as you know i had tried to get through it my twenties, so will go through it again now

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Check out this title on Audible

Nevermore
By Troy Taylor
Narrated by Darren Marlar

Listen on Audible:
https://www.audible.com/pd/B09WT33PKZ?source_code=ASSORAP0511160006&share_location=player_overflow


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dear diary

 the 3i/atlas thing makes everyday like leading to Christmas as a kid, all kinds of conjecture about what's gonna be under the tree

Check out this title on Audible

W.E.B. Du Bois: Biography of a Race, 1868-1919
By David Levering Lewis
Narrated by Courtney B. Vance

Listen on Audible:
https://www.audible.com/pd/B0F1BMJ98P?source_code=ASSORAP0511160006&share_location=player_overflow


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https://music.apple.com/us/album/higher-truth/1440816954?i=1440817357


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dear diary

 so much going on; the political science project; orienting folks to the arts, etc.

Email to principles

 With further investigation found Malibu Art Association was incorporated in ’63, ran for ten years, then failed to file until 2005, when you guys picked up the ball.

I was under the impression that there was a through-line going back to ’53. You guys did the work, I don’t want to blow that up.

I have been in touch with the City and the Arts Commission, and having read the deed to Legacy Park, trying to get them to adopt/promote passive recreation (sharing art [what the park was deeded to nurture]). In fact they're already adopting a new approach to encampment, so it dovetails, and maybe one day Legacy will be a place where any vetted artist can show and hang out and have fun talking art with folks.

Again, you guys picked up the ball, and I appreciate the opportunities; some weight needs to be pulled, I’ll do it.

I owe MAA about $100 from the last day of sales.

Sincerely,
John

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