Attorney wanted for a Class Action Suit against the State of
California on behalf of the people of California for clearly ripping them off for
the past 14 years. A long overdue class action law suit that will result in a
huge payday for any attorney or law firm taking it on based on the massive
amount of money involved, as well as to correct an injustice against the people
of California by the State of California Board of Equalization that has been
going on since January 1, 2001.
leg work has been done for you by a retired California Peace Officer and small
business owner that is familiar with laws rules and regulations. It just has to
be fine—tuned and filed on behalf of this small business owner and several thousand California John and Jane Does. The clientele list will not be a problem.
scam is currently being perpetrated against the people of California daily and
the state of California is forcing businesses of all sizes by threat of administrative punitive action, to act as
their instrument of collection in their scam that has in fact collected an
astronomical amount of money from the people as of 2001, for a DISPOSAL FEE
collected daily on brand new tires that is in fact is supposed to be collected
on one (1) very specific type of USED Tire, not new tires.
first glance this may seem somewhat trivial until you consider the astronomical
number vehicles and equipment sold daily within California that must have tires
on them as a necessary component of vehicles and/or equipment to function coupled with all new tires purchased daily to replace worn out tires on any and all types of vehicles and equipment. This
scam works because of the confusing and conflicting language added to the January 1, 2001 revision and no one has challenged the State of California over what
appears to be a small insignificant amount of money that is collected per tire
and as of 2001 this DISPOSAL FEE is included or rather hidden, within the
purchase price of the new or used vehicle being purchased. Out of sight, out of
mind or is it simply that it seems like just another small fee and no big deal?
consider this figure, if you can (I cannot): $1.75 is
charged to the buyer for every New Tire purchased from retail stores as well as New Tires on any
vehicle or equipment of any type whatsoever, NEW or USED to be used on the
road, off the road, for industrial use, agricultural use, on cars, trucks,
buses, motorcycles, trailers of any type, ANYTHING WITH A
BRAND NEW TIRE Now take
that number and plug in an additional dollar amount for interest on the actual
amount owed back to the people of the State of California (because it should
never have been collected in the first place) and again, the money involved
is astronomical and one heck of a pay check for the attorney or law firm that
secures the judgment against the State of California Board of Equalization. .
ON IT sold every day within California, 365 days a year X 14 + years = a raw
number in cold hard cash that my calculator does not have on it.
did this scam happen and why? July 1, 1990 section 42885, Chapter 17 of the
California Tire Recycling Act was activated. The sole purpose of this law was and
still IS, to collect a DISPOSAL FEE on one each very specific type
of USED Tire, a tire that can never be used again as a legal tire on
the highways and roads of California.
law was not established to collect a DISPOSAL FEE on new tires. It was not
created to collect a DISPOSAL FEE on good used tires that will be resold as a
good used tire; they are in fact exempt from the DISPOSAL FEE. It was not created to collect a DISPOSAL FEE on a used tire
that will be going to a Retreading Facility to be retreaded; they are in fact exempt from the DISPOSAL FEE. The law was
created to collect a DISPOSAL FEE on a Used Tire that is left
with a Retail Tire Store at the time new tires are purchased and
installed on a vehicle to replace a very specific type of worn
out tire that is TO BE DISPOSED OF.
tires are not being left at Retail Tralier Sales outlets or New and Used Car and Truck retail outlets to be
disposed of per the actual law and the move from collecting a valid, understandable DISPOSAL FEE on one very
specific type of USED tire to collecting a DISPOSAL FEE on all New Tires screams scam and completely ignores
the reason the law was created and the specific intent of this law.
reason it is being done appears to come from those with a corporate greed
mentality working within our State governmental structure that expanded
the scope of the law beyond its specific intent via a few misplaced words and
ignored the reason the law was created and enacted in1990 and collect the
DISPOSAL FEE on New Tires.
be clear and redundant, one very specific type of USED tire is spelled out within
the law and California PRC sections established by the State of California that
the State BOE is clearly and will fully ignoring and in fact circumventing.
the actual law; if the used tire is going to be sold as a good used tire it
is NOT subject to the DISPOSAL FEE.
Further if the USED tire is going to a Retreading Facility to be retreaded, it
is NOT subject to the
Disposal Fee. Only the dead,
deceased Used Tire that can never be used again as a tire on the highways of
California and is left with the Retail Tire Store IT is subjected to the
DISPOSAL FEE (Not new tires). The reason
and specific intent of the law (42885) enacted in 1990 has not changed in spite
of the words added within one single subsection of the 2001 revision to 42885.
collects the DISPOSAL FEE? The DISPOSAL FEE was originally and
logically collected at the time the tires on a vehicle were being replaced with
new tires and the old used tires was removed from the vehicle and left with
the retail tire store to be
Disposed Of if the old tires met the
standards of the Used Tire that met the description of the tire to be disposed
of. The Retail Tire Store was to determine if that used tire coming off the
vehicle could and would be sold again as a good legal USED Tire or if was going
to a retreading facility to be retreaded or if the old used tire was to be
Disposed of or not. Again; Only the
USED tire to be
Disposed of is subjected to the DISPOSAL FEE per 42885.
the scam was put into play: as of 2001 42885 has been manipulated with just a
few words simple words contained within a subsection of 42885. Where this
specific subsection used to read: When sold
separately from a New Vehicle (which is
clearly a defining statement),
it now reads; When sold
separately from a New Vehicle
OR any New Tire sold on any New or Used Vehicle sold in California.
addition of the one word
OR followed by the words
any new tire
sold on any New Vehicle sold in California are now used to justify the
collection of the
Disposal Fee on all brand New Tires sold today and
they also include New Tires on New or Used vehicles of any kind sold within
California, tires that are clearly not being
addition in 2001 is not defining; it is in fact conflicting and
confusing rather than defining and it will remain so until the year
2024. The revised 2001 paragraph (subsection) now states that the tire
subject to the DISPOSAL FEE is a tire sold separately from a new vehicle AND
a tire sold with a new vehicle at the same time all within the same paragraph
(subsection) and that is not only confusing and conflicting, it is impossible.
is abundantly clear that New Tires were NEVER the subject of the DISPOSAL FEE
because of the obvious, New Tires are not being
Disposed OF. What is not
confusing is the reason the law was enacted in 1990, the specific intent of the
law that remains the same today and that the law has in fact been hijacked in
2001 in order to collect more revenue from the people.
added confusing and conflicting 2001 wordage absolutely violates the specific
reason the DISPOSAL FEE was implemented in 1990 and it clearly violates the
Specific Intent of the law that still exists today; to collect a
DISPOSAL FEE on one very specific type of Used Tire. Keep in
mind that as of January 1, 2001 a DISPOSAL FEE has been collected daily on
all New Tires sold in California, including the tires on all New and Used
vehicles or any type of sold vehicle or equipment, including spares, within
California for the past fourteen (14) years, again the amount of money that has
already been collected is staggering and astronomical. Money that was never due
to the State of California in the first place, new tires are not being disposed
who are interested, check out Chapter 17 of the California Tire
Recycling Act of 1990, Article 5 Section 42885 and read it from top to bottom.
Also check out PRC 42885, one of the flawed documents/handouts the BOE uses to
validate their right to collect the fee and observe the areas conveniently left
out from the actual law, evidence of exactly what they have done and their
specific intent in distorting the actual law.
Note: Attorneys are welcome to call or come here for more information. But do not dip into your greed basket and ask for a retainer. If you are requesting a retainer then you do not understand the situation, you do not understand class action suits, and you do not understand that attorneys are the only ones that will ever see a huge payday, not the actual victims of the State of California. And, consequently, you do not have confidence in the case. So let us not waste each other’s time. Further assistance is available for free but not a retainer; the silver platter will be filled by your actions, here is your ammo. Help correct the problem, make a bit of history, and get paid for it.