This is the sample letter that the New 49ers came up with

Oakview2

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Feb 4, 2012
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According to our sources, the more people who express an interest in seeing the Rinehart Decision published, the more likely that it will happen. So we encourage you guys to pass this around far and wide.

Here is a barebones sample letter that should be sufficient to meet the requirements of Rule 8.1120. You are encouraged to provide further information in the second paragraph concerning who you are and your interest in the case.

Title Eight Rules

You may also think of other reasons to add to the third paragraph for why the opinion meets the Rule 8.1105 standards for publication.

Title Eight Rules

Please note that in addition to mailing the letter, you are required to mail copies to the parties on the service list for the case; the second form below is the “proof of service” form that contains those addresses.


Hon. Justice Harry E. Hull, Jr.
Hon. Ronald B. Robie
Hon. Andrea Lynn Hoch
914 Capitol Mall
Sacramento, CA 95814

Re: People v. Rinehart (Case No. C074662)

(Date)

Dear Honorable Justices:

Pursuant to California Rule of Court 8.1120, I write to request that the Court order the slip opinion issued in People v. Rinehart (Case No. C074662) be certified for publication.

As a miner in the State of California, I have a keen interest in establishing that federal mining laws impose substantive limits on the power of the State of California to regulate my activities on federal land.

Publication is appropriate because this opinion establishes a rule of law not previously set forth in California opinions, though established in federal court cases, and involves a legal issue of continuing public interest. There are numerous ongoing lawsuits in California concerning the scope of the State’s regulatory powers over mining on federal land, and the absence of California precedent has caused increased costs and delay for litigants and the State.

Thank you for your consideration of this request.
Sincerely,

_______________________
(full name and address)



PROOF OF SERVICE

I am over the agent of 18, not a party to the above action. My address is

________________________________________________________.


On ______________, 2014, I served the attached letter requesting publication in this action by placing true copies thereof in sealed envelopes and mailing them by First Class mail, postage prepaid, addressed to:

Matthew K. Carr
Deputy District Attorney
Plumas County District Attorney
520 Main Street, Room 404
Quincy, CA 95971

Marc N. Melnick
Deputy District Attorney
Office of the Attorney General
1515 Clay Street, Suite 2000
Oakland, CA 94612

Clerk of the Court
Plumas County Superior Court
520 Main Street, Room 104
Quincy, CA 95971

Jonathan Evans
Center for Biological Diversity
351 California Street, Suite 600
San Francisco, CA 94104

Lynne Saxton
Saxton & Associates
912 Cole Street, Suite 140
San Francisco, CA 94117

Damien Schiff & Jonathan Wood
Pacific Legal Foundation
930 G Street
Sacramento, CA 95814

James Buchal
3425 SE Yamhill Street,#100
Portland, OR 97214

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on _____________, at _______________.
 

Upvote 0

DizzyDigger

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Dec 9, 2012
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Well written letter.

The rules say the letter has to be delivered no later than
20 days after the opinion is filed. Are we still within that
grace period?
 

SLNugget

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Sep 25, 2013
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Will letters from non residents of CA be effective? The sample is obviously for CA residents.
 

KRIKITTS

Full Member
Sep 19, 2014
104
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STATE OF JEFFERSON
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Will letters from non residents of CA be effective? The sample is obviously for CA residents.

YES. Any body can write a letter stating why and how this would effect their mining in California. You wouldn't go to California to dredge if you knew you couldn't but you would if you knew you could.
 

russau

Gold Member
May 29, 2005
7,280
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St. Louis, missouri
use the letter ONLY as a example of what YOU write to them! in your own words OR, ALL copies of letters (sent in by all of us) prewritten and signed by you will be counted as only 1 letter! AND always find a point of law that you can sqweeze into it so that your letter will have to be added and or brought to court. you can bet your bottom dollar that the wacoenviromentalists are doing the SAME thing, so the more letters we send in the better for us.
 

gold nuggets

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This message is important for ALL of our MINING RIGHTS across this country, so it is being bumped....Please take a look at this information and do what you can to help ALL of us Miners.........

I understand that this decision isn't published automatically so, we need to send in letters requesting that the decision be published so other lawyers can use the decision as an argument FOR mining RIGHTS.
Here is a link to a "fill-in-the-blank" type of letter that will accomplish what needs to be done for getting the decision published. Doesn't matter if you are out of state or not....your interest in getting this court decision published is what's important right now. Send signed and filled out copies of both pages to all of those parties that are listed. Please do what you can to help all of us miners..........thanks. GN

http://www.goldgold.com/Ltr-re-publication-of-opinion-9-25-14.html
 

SLNugget

Sr. Member
Sep 25, 2013
262
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This message is important for ALL of our MINING RIGHTS across this country, so it is being bumped....Please take a look at this information and do what you can to help ALL of us Miners.........

I understand that this decision isn't published automatically so, we need to send in letters requesting that the decision be published so other lawyers can use the decision as an argument FOR mining RIGHTS.
Here is a link to a "fill-in-the-blank" type of letter that will accomplish what needs to be done for getting the decision published. Doesn't matter if you are out of state or not....your interest in getting this court decision published is what's important right now. Send signed and filled out copies of both pages to all of those parties that are listed. Please do what you can to help all of us miners..........thanks. GN
http://www.goldgold.com/Ltr-re-publication-of-opinion-9-25-14.html

It has been posted in other forums, that if the court receives IDENTICAL FORM letters from every miner in the country it will only count as ONE letter. Can anyone verify this issue. I have reworded the attached letter and sent it in case the above is true.
 

russau

Gold Member
May 29, 2005
7,280
6,739
St. Louis, missouri
SLN you are absolutely correct! 1 hand written letter outwieghts +1000s form letters! don't waste your time copying these letters and sending them in! hand write your own version! even have your children sign/write one! the more we get sent in on time the better the likelihood of it continueing going our way for a change!
 

Hefty1

Bronze Member
Dec 5, 2010
1,702
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On my way to the P.O. this morning.

I feel good about this...POUND them Hard!
 

Reed Lukens

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Jan 1, 2013
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Remember to make your letters short and directly to the point. This form letter and the one from WMA are similar. I am rewriting mine that I copied from the WMA site. I'm not sure if they are the same but the WMA letter was 2 nice full pages when I was done.
 

2cmorau

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fowledup

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Jul 21, 2013
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Those letters should be hitting the mail rooms and inboxs soon... wonder if they'll get many OPPOSING publication.

My guess is no, as they don't want to draw public attention to it, ignore it and it will go away. This is the way by which a judgement can become published. I may be wrong but I believe there is a different mechanism to prevent publishing, which I'm sure their quietly all over.
 

fowledup

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Hopefully that will be going way up in the next week or so as they receive them. Also hope they didn't count the majority as one! Interesting that they publish each request, good opportunity to send the courts a loud and clear message!
 

Last edited:

Bnugget

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Oct 17, 2013
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I counted 11 requests for publishing so far this morning, hopefully we get more than that before the deadline.
 

2cmorau

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Nov 8, 2010
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Camptonville, CA
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oh, He,LL yeah, i was published, don't have to rewrite, woohoo
 

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