UPDATE: 3 Mules vs State of California/CHP

The case of 3 Mules versus State of California / CHP has taken a necessary turn in the road.  As the Mules engaged in a long lengthy process moving our lawsuit through the court system, it became obvious to us that it was unlikely we would win this case due to qualified immunity. And the defendants’ attorney general (AG) would request a summary judgement which would stop the case cold. Never to make it to trial. 

Winning a settlement was not the primary reason for filing the lawsuit. The primary reason for our lawsuit was to bring public awareness and discussion to the absolute constitutional right for all American citizens using a strong well maintained public thoroughfare to move freely in America how they choose, when they choose. Consequently, the Mules have decided to drop this lawsuit. The spiritual energy of this case has become so strong it can no longer be contained within the courtroom walls. Where lawyers will argue over technicalities, details and procedures attempting to bury it. Out of sight out of mind. 

The above being said and understood this case and its accumulated energy is not over by any means. 3 Mules vs. State of California has left the confines of the courtroom and moved its purpose and energy to the field (outside) where the action is. Where the High Speed Motorist (HSM) is actively on a daily basis killing and maiming fellow motorists and all the other legal users (cyclists, equestrians, and pedestrians) with total disregard for the law and simple basic common sense and courtesy to SHARE THE ROAD

Note: The Mules will be serving as a platform moving, living, carrying no weapons along the public thoroughfare providing all California citizens the opportunity to see and discuss their constitutional right to move freely in this state and country and make their own unique contribution towards that end.

For right now it’s popular to stay inside and be safe. There will come a time the abstract misery felt for being that way will become so strong and people will do anything to get away from it. It is the responsibility for those who know this to keep the light of freedom shining outside so when those who stay inside have had enough of the inside, the light of freedom will be shining and not the darkness staring them in the face telling them to go back inside and be safe.

The Mules want to acknowledge and thank Attorney Todd T. Cardiff for his pro bono service in getting this case and all the issues connected to it up front and out on the public thoroughfare. It will now be the job of the Mules to keep it there all day every day, one step at a time.

The Mules

Statement from Attorney Todd T. Cardiff:

On July 28, 2022, the court entered a stipulation to voluntarily dismiss Sears v. CHP. Such dismissal stipulated that each party bear its own attorney’s fees and costs. Mr. Cardiff, John Sear’s attorney, explained why the case was dismissed at this point.

While it was no doubt that Plaintiff was arrested under the wrong statute (Veh. Code § 21954) pedestrian outside of crosswalk, the doctrine of qualified immunity requires particularized facts to establish liability for law enforcement officers. The doctrine of qualified immunity, which is a solely judge made doctrine, was originally intended to protect officers who made a mistake when making split second decisions. It has now been twisted to grant immunity to all officers, unless what they have done is so egregious that no reasonable police officer could believe that they were acting within the bounds of the law or constitutional rights. As recently held by the Supreme Court, the violation must be “sufficiently clear that every reasonable official would have understood that what he is doing violates that right.” (Rivas-Villegas v. Cortesluna (2021) ___U.S.___ [142 S.Ct. 4, 7, 211 L.Ed.2d 164, 168].) In other words, immunity protects “‘all but the plainly incompetent or those who knowingly violate the law.’” (White v. Pauly (2017) 580 U.S. 73, 79 [137 S.Ct. 548, 551, 196 L.Ed.2d 463, 468].)

While it is arguable that Mr. Sears was in complete compliance with the law, there was not any case law holding that leading mules by reigns was “driving” under California Vehicle Code section 21050. In addition, it was not clear what “duties” would be applicable to a someone driving a mule. Significant research into the legislative history of Vehicle Section 21050 did not resolve the issue. The vagueness of the law, by default, would have rendered finding liability against Officer Agredano almost an impossibility. Further, while we believe that the officer was giving an unlawful order to simply “stay off the road” (which was impossible), again, research failed to uncover case law with particularized facts supporting Mr. Sear’s rights. Finally, it was determined that an adverse decision could seriously impact Mr. Sear’s right to travel with his mules.

Although the judicial portion of this case is over, the issue is not resolved. Law enforcement must enforce the law without bias. If ranchers can utilize all lanes of traffic to herd or “drive” livestock, then such right must be afforded those who wish to only use a portion of the lane to safely travel on the picturesque backroads of California. (See Cal. Food and Ag. Code §§ 16902, 16903.) Cal. Veh. Code section 21759 places the duty on the motor vehicle driver to “reduce speed or stop…to insure the safety of any person driving or riding the animal or in charge of the livestock.” Mr. Sears will be seeking to introduce legislation that clarifies that those who wish to use alternative forms of travel, including riding, driving or leading horses or other livestock have a right to use traffic lanes in a way that protects both the animals and the drivers. “Share the road” must become the law, not a just a pithy, but unenforceable slogan.

3 Mules Legal Fund Status

The Mules raised $2500 using the GoFundMe platform to usher our lawsuit into federal court. 

Itemized record of all expenses incurred by Attorney Todd T. Cardiff while working on the lawsuit:

DateDescriptionTotal
2/5/2021Postage for Mail Service of Complaint$6.60
3/19/2021Delivery services of summons on Agredano$95.00
3/28/2021Delivery services of summons on CHP$35.00
4/1/2021Postage for Meet and Confer letter$0.55
4/1/2021Letterhead (3 ); Envelope (1)$5.00
4/15/2021Federal Court Fees for Attorney Admission$331.00
8/30/2021Mileage to attend hearing in court and return$105.05
11/22/2021Legislative Intent Service$990.00
TOTAL EXPENSES 3 MULES vs State of CA$1568.20
3/5/2021Attorney Trust Fund – Beginning Balance$2505.30
5/10/2021Payment of costs-$473.15
11/22/2021Payment of Leg. Intent-$990.00
11/22/2021Mileage costs-$105.05
Balance refunded to 3 Mules$937.10

Cardiff-Invoice-p1

Image 1 of 6

An amount of $937.10 was left unspent after dropping the lawsuit. This remaining $937 will be spent on things the Mules will need. The Mules will show on the ledger below a picture of item purchased, receipt, and the remaining balance.

DateDescriptionTotal
8/2/2022Refund from Legal Fund $937.10
9/6/2022Farrier-50.00
10/4/2022Domain Name Renewal-$30
10/6/2022Saw Palmetto-$30.02
10/17/2022Rope-22.78
11/29/2022 Wormer-30.44
11/24/20221000 Denier Nylon Tarp-88.29
12/8/2022Hay-29
1/7/2023Horse shoes-12.53
1/13/2023 Camping Gas Stove -45.89
2/2/2023Website hosting-348.00
2/25/2023Website spam blocker-100.00
3/5/2023County of Los Angeles Animal Control-40
3/9/2023Powerbank107.30
Remaining Balance$2.85

Hay $29

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$29 Hay

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8 thoughts on “UPDATE: 3 Mules vs State of California/CHP”

  1. This is just another case to protect their corporation’s stupid policy inforcers. Here is the Federal Rules that defines ” Driving “.

    18 U.S. Code Part 1, Ch. 2, § 31 – Definitions
    (6) Motor vehicle.
    The term “motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and “used for commercial purposes” on the highways in the transportation of passengers, passengers and property, or property or cargo.

    (10) Used for commercial purposes.—
    The term “used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit.

    U.S. Code 49, Chapter 131 — General Provisions
    ss 13102, Definitions
    (14)Motor carrier – The term “motor carrier” means a person providing motor vehicle transportation for compensation.

    Here is the ruling on the difference between personal use and business use.

    266 Cal.App.2d 384 (1968)
    JAMES TALCOTT, INC., Plaintiff and Appellant,
    v.
    ROBERT E. GEE, JR. et al., Defendants and Respondents.
    Civ. No. 31802.
    California Court of Appeals. Second Dist., Div. Five.
    Oct. 4, 1968.
    [3] Thus, there is a real distinction between goods purchased for personal use and goods purchased for business use. The two are mutually exclusive, and the principal use to which the property is put should be considered as determinative. Accordingly, we hold that goods purchased, as in the present case, for business use, are governed by the provisions of the Commercial Code, and not those of the Unruh Act, and a deficiency judgment, while not permitted by the latter, is authorized under the Uniform Commercial Code ( 9504).

  2. Qualified immunity needs to be removed from judges, attorneys, officers, politicians and term limits in office limited to 2 terms, 4yrs each, maximum time a seat 8yrs……no retirement either……

  3. Evil comes in many forms,… Sadly, it seems to have found a ‘Good Home’ within the Ranks of Law Enforcement.

  4. Evil comes in many forms,… Sadly, it seems to gave found a ‘Good Home’ within the Ranks of Law Enforcement.

  5. Has Mr. Sears traveled with the mules again and have they been harassed by California state police or any other agencies?

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