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"The Act does not prohibit anyone from procuring employment for an artist, and the Act has no penalty should one be found to have procured without a license. It is that simple. Unless this Court finds those two provisions, it is compelled by the Constitution and a mountain of precedent to find the TAA on its face, and as the Appellee applies it, unconstitutional." Summary of Argument, pg. 6.
"The Act does not prohibit anyone from procuring employment for an artist, and the Act has no penalty should one be found to have procured without a license. It is that simple. Unless this Court finds those two provisions, it is compelled by the Constitution and a mountain of precedent to find the TAA on its face, and as the Appellee applies it, unconstitutional." Summary of Argument, pg. 6.
"The Act does not prohibit anyone from procuring employment for an artist, and the Act has no penalty should one be found to have procured without a license. It is that simple. Unless this Court finds those two provisions, it is compelled by the Constitution and a mountain of precedent to find the TAA on its face, and as the Appellee applies it, unconstitutional." Summary of Argument, pg. 6.
Case No. 18-55569
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
Rick Siegel
Plaintiff/Appellant
vs.
Julie Su, in her official capacity
As California State Labor Commissioner
Appeal for United States District Court, Southern District of California
District Court CV
The Honorable Christina A. Snyder, Judge, Presiding
APPELLANT’S REPLY BRIEF
RICK SIEGEL, pro per
22647 Ventura Boulevard, Ste 151
Woodland Hills CA 91364
323.864.7474i.
TABLE OF CONTENTS
INTRODUCTION
SUMMARY OF ARGUMENT
ARGUMENT
A. Just As Appellee Concluded And Reported
To The CA Legislature, Labor Code § 1700.4 (a)
Is “So Unclear And Ambiguous” Reasonable
People Cannot Ascertain Which Actions, If Any,
Are Unlawful
IV.
B. Federal And State Law Uniformly Agree: As The
TAA Has No Penalty Provision, Creating And
Meting Out Penalties Is Unconstitutional
CONCLUSION
3. 13
18FEDERAL CASES
BMW of America v. Gore, 517 U.S. 559 (1995)
Desertrain v. City of Los Angeles, 754 F 3d 1147 (9th Circuit, 2014)
ECC v. Fox Television Stations, Inc., 132 S. Ct. (2012)
Grayned v. City of Rockford 408 U.S. 104 (1972)
Lambert v. California 355 U.S. 225 (1957)
Lanzetta v. New Jersey, 306 U.S. 451 (1939)
New Jersey v. Fair Lawn Service Center, 20 NJ. 468 (NJ 1956)
US. v. Evans, 333 U.S. 483, 495 (1948)
CALIFORNIA STATE CASES
Baron v. Los Angeles, 2 Cal. 3d 535 (1970)
Buchwald v. Superior Court. 254 Cal. App. 2d 347 (1967)
Dyna-Med. v. Fair Fmp. & Housing Comm., 43 Cal. 34 1385 (1987)
Loving & Evans v. Blick, 33 Cal. 2d 603 (1949)
Marathon v. Blasi, 42 Cal. 4% 974 (2008)
People v. Merchants Protective Corp., 189 Cal. 531 (1922)
Severance v. Knight-Counihan Co., 29 Cal.2d 561 (1947)
RM. Sherman Co. v. W.R. Thomason, Inc., 191 Cal. App. 3d 559 (1987)
Smith v. Bach, 183 Cal. 259 (1920)
Styers v. Ryan, 811 F.3d 292
Wachs v. Curry, 13 Cal. App. 4th 616 (1993)
Pg.
Bs
e
7
- 14-15, 18, 33
24,15
14
- 3, 13
17
14
13
- 13-15
WS 1S
6-7