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JBBL Top4 2014: Player review
May 28th, 2014 · 1 Comment
After having covered the best prospects of the NBBL Top4 2014, this article will talk about the most interesting players of the JBBL Top4 including top prospect Isaiah Hartenstein. It has to be said that the level of individualities in the U16 category was exceptional with a multitude of future high-level players. Here is the report on the most interesting ones.
Isaiah Hartenstein – 2m07 – PF – 1998 – Artland Dragons
The left handed power forward from the hosts of the event showed tremendous individual talent during the two games of the U16 Top4. Hartenstein has all the tools you need as a modern power forward, he can handle the ball, shoot from outside, is athletic, a good rebounder and shot blocker and also an interesting passer. Combined with his size and still some weaknesses that he can work on in the future, Hartenstein looks to be one of the most promising prospects in Europe in the 1998 generation.
The 2m07 tall Hartenstein likes to have the ball in his hands to create from outside. With his strong left hand, he can put the ball on the floor and create his own shot either from mid-range or from behind the arc. His shooting form looks very stable for such a young player and there is not much difference if he is in a catch-and-shoot or pull-up jumper situation. The Artland Dragon player can however also attack the basket on the drive but he struggles to beat smaller players of the dribble as he lacks high-level speed. Against taller power forwards like Sanders, he can beat him on the dribble and finish against them with the foul. Next to his outside shooting, he can also find team mates in high-low situations and he is quite a precise passer to baseline cutters.
In the low post, Hartenstein has a clear preference for using his left hand again, is it on the greatly executed jump hook or on the face-up moves. You could expect him to go even more inside for low post plays but he is more attracted to play from outside especially after he made his first attempt from outside. He can even be used as a Pick and Roll ball handler but he prefers to finish on a jump shot of his own and does not go for the roller that often. Hartenstein is doing an excellent job to crash the boards offensively, also after his own misses, to get second chance points.
On the defensive end, Hartenstein goes hard for the rebounds as well even if he needs to work on his boxing out. He has excellent shot blocking timing and with his length and jumping abilities, he is a constant threat for opposing drivers. His lateral speed is also good for a player of his size and he can even hold smaller players in front of him when they try to beat him on the drive. The son of the former Bundesliga player Flo Hartenstein needs to work though on his right hand on offense which he barely uses so far. He should be able to improve his handles which are not great yet as well. Mentally, Hartenstein has some ups and downs which is still quite normal for such a young prospect. He can score several baskets in a row looking unstoppable and then disappear and get out of his game. It will be highly interesting what are the next steps for Hartenstein who should get some opportunities to play on a higher Senior level next season. As Artland does not have a ProA or ProB team, the best would be to get loaned as he is not yet ready to earn some minutes on the BBL level.
Moritz Sanders – 2m10 – PF/C – 1998 – Tröster Breitengüssbach
Moritz Sanders looks like a really interesting prospect with great size, an interesting frame and a great shooting touch. The former player of Hagen who moved to the Brose Baskets youth program last summer, did however not really use his length in Quakenbrück relying too much on his shot from outside and never really posting up his defenders. The shooting mechanics of the 1998 born are close to perfect with a quick execution and a high release point. He can nail shots from the three-point line and has already the necessary range to even score against the defender when he is even further away.
Sanders can also put the ball on the floor and with his strength finds the way to the basket to score with the foul. He can use either hand on the drive and can control his body stability even when pushed hard by the defender. With his great shooting touch, he can score out of difficult positions, also by using the glass. On the defensive end, Sanders is a big presence because of his size and physical body but he has quite slow feet and is beaten by smaller player when he has to guard them face-to-face. He should also become a more aggressive player in the paint or increase his presence in transition by moving up the court more quickly. Sanders got early in foul trouble in the Final and even got ejected with his 5th foul in a quite stupid way which was a bit of a question mark concerning his approach to the game. But in general, Sanders can be considered as yet another great prospect in the 98 generation as there are not many players of his size, skills and shooting touch around in Europe but he needs to work on his quickness and explosiveness.
Richard Freudenberg – 2m01 – SF – 1998 – Bayern München
The elegant forward from Bayern Munich played a superb semi-final and nearly lead his team to an upset against the hosts from Quakenbrück. Not only that he contained Hartenstein quite well, Freudenberg was also nearly unstoppable on the offensive end giving a real mid-range scoring clinic to anyone in attendance. Freudenberg was able to create his shot at will despite not being the fastest guy on court but he has such an arsenal of fakes and offensive moves with the ball in his hands that no defender could stop him. The athletic forward was dangerous from everywhere with the ball in his hands but he rarely attacked the basket from the three-point line having a preference for the stop in the mid-range territory. His jump shot from there is a beauty even if the execution could be a bit faster.
When Freudenberg was guarded by a smaller player, he also went to the low-post and showed that he can score from there with ease. His footwork is tremendous and he reads the defense so well that he recognizes the smallest holes to get a good opening. Clearly a Small Forward in the future, Freudenberg had to play on the PF position because of the lack of size of his team. He was even used as a high-low pass receiver occasionally and he showed good positioning in these situations. With his great skill set and interesting body, Freudenberg has all the tools for the highest level as he looks to be a really focused kid with a lot of experience despite his young age. He is yet another German player who can be considered a top prospect in the 98 generation in Europe.
Kostja Mushidi – 1m90 – SG/PG – 1998 – Bonn/Rhöndorf
Another impressive prospect in the U16 Top4 was Kostja Mushidi from Bonn/Rhöndorf. Used in multiple positions, Mushidi showed good ball handling skills, creativity and excellent athletic abilities on the different back court positions. Capable of scoring from outside and on the drive, Mushidi was also doing a good job as Pick and Roll ballhandler. He can finish with either hand when attacking the basket and likes to go all the way to the hoop. With his jump and great wingspan, Mushidi can dunk easily in transition and should become a player who has no problems to play above the rim when fully grown. Mushidi needs to work on his jump shot which is still far from being totally reliable both from the three-point line and in the mid-range area. He likes to take these shots and can already score on them but he is not yet fully reliable from these spots.
Next to his offensive potential, Mushidi can also develop into a great defender as he has all the physical tools to become stopper in the backcourt. With his long arms, Mushidi is a constant threat in the passing lanes but can also reject shots. He has already a surprising understanding of the game as he reads driving trajectories of the other team and finds the good position to take a charge. With all these tools and already the possibility to play on the Senior level in the third German division, Kostja Mushidi can develop into a really interesting and versatile player over the next years. It will be interesting to see what will be his role with the German U16 National team this summer which does not lack of scoring talent on all positions.
Alex Möller was the most interesting inside player in the team of Bonn/Rhöndorf. The 2m06 tall Center showed some finishes with either hand in the paint with an interesting game with his back to the basket. Möller can also take the mid-range jump shot but is more efficient close to the basket where he can use his size and physical strength. The 1998 born can also drive to the basket from outside as his ball handling is quite good for a player of his size.
Anton Geretzki did not play very long in the semi-final because of an injury but it was enough to see that the 1m98 tall forward has potential. Born late in 1998, Geretzki has a lot of upside as an athletic swingman who can shot from mid-range and behind the arc. Gifted with good speed, he can attack the hoop and finish with his weak hand on the glass and also create his shot out of the dribble. Certainly a player to follow and see more times to get a better understanding of his potential.
Nicolas Wolf played an outstanding Top4 knowing that he was only 14 years old during the event as he is born in July 1999. The 1m90 tall Shooting Guard has great mechanics in his shot release and can easily take the jump shot from behind the arc out of the dribble. Wolf needs to work a little bit on the quickness of his shot execution but this will come when he will be fully grown. He is also a very good presence in the defensive rebound where he showed great timing and positioning to get the missed shots in his hands. With his emotional presence on the court and leadership, Wolf should be able to become one of the best players in the JBBL next season.
Noah Kamdem is absolute physical beast on the U16 level with a very wide and muscular body, good athleticism but also a nice shooting touch. The 1m97 tall power forward worked a lot in the low post where he was tough to guard when powering with his back to the basket. Kamdem though could also use the face-up game as his first step is really nice and he has interesting speed and ball handling as well. He has the feel to score the basketball and finds the way to the basket when he wants even if he can knock the shot from mid-range and even the three-point territory.
Alexandre Fanchini was a the key player for Bayern Munich next to Richard Freudenberg. The 1999 born PG played with superb intensity on both ends of the floor and dictated the rhythm of the Bayern game. He put a lot of pressure on the opponents with his great lateral speed and had a couple of nice steals because of his quick hands. The 1m78 tall Fanchini was great in transition and he was not afraid to go all the way to the hoop for the tough finish in the paint. He can score the layup with his weak hand against taller defenders.
Thorben Döding was another 1999 born PG but he was in a different style than Fanchini. A lot less physical but gifted with a great wingspan, Döding was the organizer of the Artland offense who showed some great reads on the Pick and Roll offense and no forcing at all. Döding took only the shots that were offered to him but he also attacked the basket nicely to finish in the paint with different moves. The 1m80 tall Döding will certainly play a much bigger role in the JBBL next season when he needs to carry more scoring load as well but he looks already now as one of the more interesting players of the German 1999 generation.
Jan Philipp Mügge had an incredible scoring outburst in the semi-final where he scored 9 three-pointers and established a new JBBL record. Mügge who is a 1m89 tall and 1998 born SG looks already quite matured physically and does not seem to have the biggest upside. However, with his shooting touch from behind the arc, he was a key player for Artland in the Top4. He can make the long-range shot in both catch-and-shoot and out of the dribble, even after a cross over. Mügge also likes to create his own shot from the mid-range territory but rarely attacks the hoop completely.
Karl Potratz had an important role in the Artland team structure as the physical guard attacked the basket multiple times with his good speed and the ability to score in the paint. He can finish after the full court coast-to-coast against the defense but also knows how to use his body to protect himself against taller players. Not the biggest threat from outside, Potratz lives from his ball handling and direction changes when attacking the basket. The impact of the 1m80 tall player in the NBBL will be interesting to see, especially if he can develop a three point shot in the future (1/13 over the 20 games this season).
Philipp Herkenhoff looked like a really promising player of the 1999 generation in the Artland Dragons team. Already 1m98 tall, Herkenhoff seems to have left some more centimeters left in his growth as he is only 14. However, he displays great speed and agility on the court with and without the ball. He can score from outside even if his shooting mechanics are not fully stable yet but he has also good footwork and ball handling when attacking the basket. Herkenhoff is definitely a player to watch even if he needs to start working on his physical strength but this is not urgent at the moment.
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1 Adidas Eurocamp 2014: Day 2 Review | European Prospects | Adidas Eurocamp // Jun 8, 2014 at 11:19 pm
[…] prospect as he combined length with great basketball skills as he showed already during the JBBL Top4 a few weeks ago. Another interesting player was the physically strong Baptiste Tchouaffé from […]


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The Land of Temples Holds the Secret of Entrepreneurial Piety
#IAmOdisha is not just a celebration of where we are today; it's a celebration of the future
Image credit: #IamOdisha
Entrepreneur India Staff
Nestled along the eastern coastal line, the state of Odisha has many secrets to share. Its sun-kissed beaches and dreamy shorelines have stories to tell of the people that have brought the state alive. In its little known wonders lie treasure troves of rich natural resources, high growth potential and burgeoning infrastructure, that lure one and all to start up in Odisha.
Its success stories are not known to the outside world. Today some of the country's biggest startups are led by Odias – be it Ritesh Agarwal of Oyo Rooms or Amarendra Sahu of Nestaway.
But Odisha is not new to the entrepreneurial stories.
Years ago from the shorelines of erstwhile capital city Cuttack, mariners would set sail to Bali for trade expansion which came to be known as the Baliyatra. Even today, it is celebrated as the Baliyatra festival where traders and vendors get together for the biggest fair in the state. Lakhs of people from across the state come together to the fair which sees participation from various communities that showcase handicrafts and more.
Not too far away from today's capital city of Bhubaneswar, lies the village of Raghurajpur – the abode of Odisha's pattachitra artists. With their intricate works of art, a traditional style that has existed for years now, they have attracted tourists and art enthusiasts from all around the world and today boasts of Odisha's finest crafts village with Tussar paintings, palm leaf engravings, stone and wood carvings, papiermache toys, masks and more on display.
It's difficult to visit Odisha and not carry home a souvenir from Pipli. Within the village of Pipli live hundreds of entrepreneurs who have set up shops that attract tourists to buy the colourful artwork designed to be lampshades, wall hangings, table cloths etc.
And residing in all of these businessmen/women and entrepreneurs is the spirit of #IamOdisha. Celebrating this entrepreneurial spirit that has existed over the years to today's modern technology led businesses, is the project #IamOdisha.
A Bustling State of Entrepreneurs
While building businesses of art and culture have been Odisha's pride, today the state is being revolutionized with technology as is the case with the startup boom in India. There are multiple stories of leadership which has changed the stereotypical thought of business prospects in Odisha.
Everyone recognizes the growth of Oyo Rooms today, but it is the brainchild of Odisha born Ritesh Agarwal. The number of entrepreneurs from Odisha has been increasing over the last 10 years joined with the likes of AmarendraSahu CEO and Co-founder of Nestaway Technologies, Subrat Kar of VIDOOLY and more. Women entrepreneurs like Richa Kar have set a great example in the field of entrepreneurship as she developed the leading lingerie brand Zivame.
Business houses such as PHOENIX ROBOTIX, BIKALANANDA KAR CONFECTIONARIES, TATWA TECHNOLOGIES, AUROIN (INDIA) LTD, OVO FARM and SAKROBOTIX have transformed the industrial ecosystem of the state.
Welcoming You to Start-up
Odisha brings with it promises of developing infrastructure and a welcoming ecosystem for startups. It gives young entrepreneurs the chance to develop business ideas and build a sustainable business environment. New entrepreneurs have generated huge employment in Odisha as a result of which the state has a growing economy.
The city of Bhubaneswar has been recognized as the top smart city in India and the Centre has recognized Odisha as a 'Champion State' for recording the highest growth in exports during 2016-17. The goal of #IAmOdisha is to provide a platform for young entrepreneurs to establish a relationship between their business and the consumer base, to help young entrepreneurs make the first step to get the best opportunities available in the market. The pride of Odisha dedicates its glory to young entrepreneurs who are making a change and shaping the state for a better future.
#IAmOdisha is not just a celebration of where we are today; it's a celebration of the future. It is your chance to show the state and the nation how you are building the Odisha of tomorrow. Submit your story or of those around you, and you could be among the five who will be felicitated in the Make in Odisha Conclave in November, 2018.
Just fill the form below to earn a chance to tell your story or of those around you, and be recognised by industry leaders from across the country.
http://www.iamodisha.info/IAmOdisha/IndividualRegistration
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redpajama_set_name: RedPajamaCommonCrawl


The employee benefits consultancy only gives clients with pension pots of £50,000 or less quotes from Legal & General or Just Retirement, even though the Pensions Policy Institute says the average pot for buying an annuity is around £25,000.
For clients with more than £50,000 after tax-free cash has been taken, Heath Lambert says it offers whole of market annuity quotes.
On its website, Heath Lambert states: "In order to provide annuities for fund values under £50,000, after researching the market, HLC has elected to enter into agreements with two leading providers, Legal & General for standard term annuities and Just Retirement for enhanced annuities.
Hargreaves Lansdown pensions analyst Nigel Callaghan says the firm's policy fails the majority of investors, who have pension funds smaller than £50,000.
Heath Lambert declined to comment.
Equitable Life chairman Vanni Treves has decided to retire later this year after eight years in the role. He will be succeeded by current non-executive director Ian Brimecome. Brimecome was appointed to the board in January 2007 and is chairman of the investment committee.


Not in the way that a wound stings.
or in the way that a child scrapes there knee.
It hurts in the inside.
It hurts all of me.
The pain has suddenly become unbearable.
I find it hard to breathe.
My mind is full of chaos.
My heart a void of all life.
The worst type of cries.
Silent tears beginning to stream.
but oh this feels so weak.
I wonder of what becomes of me.
Hello, I'm fantastically here to review your beautiful Masterpiece of a poem.
Okay, so first I'm going to start with the overall point, which means I'm going to go point out what I liked about it.
Okay so in the beginning of the poem there was one sentence that had a grammar issue. In line 3 of this poem The there you used should be their.
In line four the in should be on.
In line fifteen, I'm pretty sure the sentence would sound better if you wouldn't said but oh this feels so weak. Maybe instead of that you should have said, but oh I feel so weak.
That's all honestly, because in the rest of the poem I didn't really find anything wrong with it. Thank you for letting me review this.
Hey! Che here for a quick review!
I should be "their" and I really recommend you polish up your knowledge on that kind of grammar as it is essential!
You really don't need the "oh" here as it takes away from the rather formal nature of the poem.
Personally, I think this would have more impact if you took off "me"
Personally, this would make more sense as either "Tangled up in sheets" or "Strangled by sheets"
Also, be careful that you capitalise every line and not just some as it can become quite annoying if there are a few that aren't capitalised!
Woah, this was such an emotive poem. I could really feel the raw emotion that went into the making of this poem! I liked that it was free verse, and I liked the structure as it really reflected the pain you felt!
Thankyou so much for reviewing and I will try to edit it soon.
I think this is such a nicely-written poem! You were able to convey a lot of emotion through these lines, and I felt all of it. Even in the first line... just two words could already set a mood for the readers before reading through the rest of it.
In line 3, it should be "their", not "there". In line 19, you can cut the "of" after "I wonder". For the ideas of tje lines themselves, I would recommend looking through lines 4 and 5. Its kind of repetitive because both times, you're saying "It hurts all of me". So, maybe you can just cut out the one of those lines. Lastly, in line 3, since the previous line ended in a period, you should begin the next line with a capital O, or you can cut the period in the previous line to combine the two. Up to you.
Anyway, that's all I found. Other than those, each line flowed together to create imagery, so great job on that!
Thankyou so much and I will try to edit it soon.


Back during Pride weekend, Danielle was kind enough to bring me along with her to the newest burrito shack in town - Changos Burrito Bar.
Last weekend, Dave and I took a little impromptu trip to the Isle of Man.
Wanna know a little more?
It's been a whole month since I left the UK for the bright lights on Beijing, and it has been…an experience.
Are you a last minute panic buyer when it comes to Christmas gifts? If so...same.
Last week, Breakout Manchester were kind enough to invite us to play their newest addition, Forsaken.


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THAT v. ALDERS MAINTENANCE CORPORATION
(2012) 206 Cal.App.4th 1419
Dinh Ton That, in pro. per., for Plaintiff and Appellant.
Law Offices of Nicholas T. Basakis and Nicholas T. Basakis for Defendant and Respondent.
MOORE, J.-
Plaintiff Dinh Ton That disagreed with the results of a recall election conducted by his homeowners association. He first brought a small claims action, then a writ of mandate, and then the instant action, asserting violations of association rules and the relevant statutory scheme. Defendant Alders Maintenance Association demurred to his complaint, arguing the statute of limitations had run on his first cause of action. The court sustained the demurrer. Plaintiff amended his complaint, adding a second cause of action under Business and Professions Code section 17200. Defendant again demurred, arguing a number of reasons why such a claim could not be maintained. The court sustained the second demurrer without leave to amend. The court also awarded defendant attorney fees of approximately $15,000. Plaintiff argues this should be reversed because the relevant statute does not specify that prevailing associations are entitled to attorney fees.
In the unpublished portion of this decision, we agree with defendant that the one-year statute of limitations bars plaintiff's first cause of action. In the published portion, we agree with defendant that in the present context, a homeowners association is not a "business" within the meaning of Business and Professions Code section 17200. We agree with plaintiff, however, that the relevant statute does not permit the association to recover attorney fees, despite our agreement with the trial court's conclusion that the action was frivolous.
I. FACTS AND PROCEDURAL HISTORY
Plaintiff is a homeowner in The Alders, a 248-unit condominium complex in Irvine. The Alders is maintained and governed by defendant. In early 2009, a number of homeowners, including plaintiff, fn. 1 attempted a recall of the sitting Board of Directors. The recall election took place on February 9. It did not, however, achieve a quorum, which required 50 percent of the membership to be present in person or by proxy. While 124 members were required for a quorum, 119 members were present at the meeting. A motion was made by director Joseph Brockett to close the meeting, and the motion was seconded and approved. According to defendant, prior to the meeting's closure, no motion was made to adjourn the meeting to a later time. One member did raise the question of an adjournment after the meeting was closed, but the closure of the meeting prevented further official business. The closure of the meeting without adjournment fn. 2 essentially concluded the recall effort.
On February 26, plaintiff filed a small claims action seeking $500 as a civil penalty. He alleged defendant and certain individuals "wrongfully . . . required a quorum" and failed to give the members present an opportunity to adjourn the meeting. Plaintiff also sought injunctive relief that would require defendant to bring the 119 proxies and ballots to the court hearing and require counting by an independent third party. On March 6, the small claims court filed an order stating that it had determined "Small Claims court does not have jurisdiction to monitor elections." Plaintiff filed a dismissal without prejudice on April 8.
On March 9, plaintiff filed a verified "Emergency Petition for Peremptory Writ of Mandate in the First Instance as well as for an Alternative Writ" in superior court. He sought a court order directing defendant to conduct the recall election at an adjourned meeting with a smaller quorum. On March 20, the court denied the petition as well as plaintiff's request for reconsideration.
Plaintiff appealed on May 19, 2009. (That v. Alders Maintenance Association (G042070, app. dism. Oct. 1, 2009).) That case was briefed, but while the matter was pending, defendant conducted its regular annual election on July 29. Defendant filed a motion to dismiss the appeal, which we granted on October 1, 2009 on the grounds that it was moot. The remittitur was issued on December 1.
Once back in the trial court, plaintiff sought leave to amend his complaint to state a cause of action for "Declaratory, Injunctive Relief and Civil Penalties per [Civil Code] § 1363.09." In addition to declaratory and injunctive relief (the precise nature of which is unclear), plaintiff sought $2,000 in civil penalties for violating the Civil Code relating to association election laws.
The motion for leave to amend was initially set for hearing on February 1, 2010. On December 21, 2009, at a case management conference, the hearing was continued to March 1, 2010 at the request of defendant's counsel on grounds of medical necessity. At that hearing, plaintiff acknowledged that his claim was governed by a one-year statute of limitations.
On March 1, the court denied the motion for leave to amend, finding that a writ petition was not a pleading which was subject to amendment under Code of Civil Procedure, section 473, subdivision (a)(1). Further, plaintiff had not met the necessary procedural requirements.
Plaintiff then filed the instant action on March 5, 2010, nearly 13 months after the February 9, 2009 recall election. On April 28, he filed a first amended complaint (FAC) which purported to allege "Violation of Article 2 of Chapter 4 of Title 6 of Part 4 of Division 2 of the Civil Code, Including Section 1363.03(b), for Declaratory and Injunctive Reliefs [ sic] and Civil Penalties Under Civil Code Section 1369.09." The FAC sought adjudication of the same issues raised in the writ petition, specifically whether defendant and its agents had acted properly during the attempted recall election on February 9, 2009. Plaintiff sought the court's decision on a number of "issues to be decided and permanent injunctions requested." Plaintiff requested civil penalties under Civil Code section 1363.09, subdivision (b), alleging four violations and $2,000 in penalties. He also requested the court's decisions be "published" to all members of the Association.
Defendant filed a demurrer, arguing the FAC failed to state a claim upon which relief could be granted. Defendant argued that the FAC was time-barred by Civil Code section 1363.09, subdivision (a), which states that a cause of action for violating laws relating to association elections must be brought "within one year of the date the cause of action accrues." Plaintiff opposed, arguing judicial and equitable estoppel among other reasons why the demurrer should be overruled. The court sustained the demurrer, but granted plaintiff leave to amend to state another cause of action.
Plaintiff then filed his second amended complaint, which purported to state causes of action for "Violation of Article 2 of Chapter 4 of Title 6 of Part 4 of Division 2 of the Civil Code, Including Section 1363.03(b), for Declaratory and Injunctive Reliefs [ sic] and Civil Penalties Under Civil Code Section 1369.09, for Violation of [Business and Professions Code] Sections 17200 et seq., for Declaratory and Injunctive Reliefs [ sic] and Restitution Thereunder." The first cause of action was essentially identical to the FAC. The second cause of action alleged defendant violated the Unfair Competition Law (UCL), Business and Professions Code section 17200, et seq.
Defendant demurred to the second cause of action, arguing the facts in this case, specifically, the conduct of an association recall election, did not state a cause of action under the UCL as a matter of law. Defendant also moved to strike the first cause of action, arguing it was identical to the FAC, which had been the subject of a successful demurrer, as well as parts of the prayer for relief. Plaintiff opposed, offering a number of arguments on both the demurrer and motion to strike. The trial court granted the motion to strike and sustained the demurrer without further leave to amend, noting plaintiff had not met the actual injury requirement for claims under the UCL.
On January 10, 2011, the trial court granted defendant's motion for attorney fees and awarded $15,020.50 pursuant to section 1363.09, subdivision (b). The court found some of plaintiff's actions, including filing a complaint barred by the statute of limitations, "frivolous." Plaintiff filed his appeal on February 9, 2011, and also sought writ relief, which we denied in case G044799.
Plaintiff seeks review of the trial court's decisions to sustain the demurrers to the FAC and SAC, and to grant attorney fees to defendant. fn. 3
A. Standard of Review for Demurrers
"In reviewing the sufficiency of a complaint against a general demurrer, we are guided by long-settled rules. 'We treat the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law. [Citation.] We also consider matters which may be judicially noticed.' [Citation.] Further, we give the complaint a reasonable interpretation, reading it as a whole and its parts in their context. [Citation.] When a demurrer is sustained, we determine whether the complaint states facts sufficient to constitute a cause of action. [Citation.]" ( Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) We review the trial court's decision de novo. (McCall v. PacifiCare of Cal., Inc. (2001) 25 Cal.4th 412, 415.)
While a general demurrer admits all facts that are properly pleaded, the "'court does not, however, assume the truth of contentions, deductions or conclusions of law. [Citation.]'" ( Soliz v. Williams (1999) 74 Cal.App.4th 577, 584.)
B. Relevant Statutory Law
The Davis-Stirling Common Interest Development Act (the Davis-Stirling Act) (Civ. Code, § 1350 et seq.) governs homeowner associations. The Davis-Stirling Act "consolidated the statutory law governing condominiums and other common interest developments. . . . Common interest developments are required to be managed by a homeowners association (§ 1363, subd. (a)), defined as 'a nonprofit corporation or unincorporated association created for the purpose of managing a common interest development' (§ 1351, subd. (a)), which homeowners are generally mandated to join [citation]." ( Villa De Las Palmas Homeowners Assn. v. Terifaj (2004) 33 Cal.4th 73, 81, fn. omitted.)
Civil Code section 1363.03 et seq. governs association election procedures. Civil Code section 1363.09 creates a right of action for violation of those procedures: "A member of an association may bring a civil action for declaratory or equitable relief for a violation of this article by an association of which he or she is a member, including, but not limited to, injunctive relief, restitution, or a combination thereof, within one year of the date the cause of action accrues. . . ." (Civ. Code, § 1363.09, subd. (a).) The same section permits a court to void an election if it concludes that election procedures were not followed. ( Ibid.)
Civil Code section 1363.09, subdivision (b) (hereafter subdivision (b)) states: "A member who prevails in a civil action to enforce his or her rights pursuant to this article shall be entitled to reasonable attorney's fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member of the association equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation."
C. fn. * Statute of Limitations on Plaintiff's Civil Code section 1363.09 Claim
As plaintiff admitted in the trial court, the one-year statute of limitations set forth in Civil Code section 1363.09, subdivision (a) governs his claim regarding the election held on February 9, 2009 election. He offers several reasons why the statute of limitations should not bar this cause of action from proceeding.
1. Accrual Date fn. 4
Plaintiff argues: "In the days after February 9, 2010 [sic], (Alders member) Barbara Forgy, plaintiff-appellant and others asked defendant-respondent Alders to correct acts or omissions of its agents by appropriate remedial action within 45-day statutory limit of Corp.C._§_7511(d) i.e. by March 26, 2009. Filing on March 9, 2009 of petition for writ of mandate (and of Small-Claims Action on February 26, 2009) was to exercise plaintiff-appellant's rights and meet that March 26, 2009 deadline. Superior Court's denial of petition on March 20, 2009 or possibly defendant-respondent's filing of opposition to writ-petition on March 18, 2009 is therefore the more appropriate accrual date . . . . So March 5, 2010 is within one year of March 18 or 20, 2009 anyway, and instant action is timely. . . . Also, direct attempts at getting correction count toward limitation per McDonald infra." (Some italics omitted.)
Other than his cross-reference to another, unspecified portion of his brief, plaintiff offers no citation to authority supporting the novel contention that an informal request to cure changes the date a cause of action accrues. fn. 5 The appellant must "present argument and authority on each point made." (County of Sacramento v. Lackner (1979) 97 Cal.App.3d 576, 591; Cal. Rules of Court, rule 8.204(a)(1)(B)).) It is not the court's responsibility to comb the appellate record for facts or to conduct legal research in search of authority to support the contentions on appeal. ( Del Real v. City of Riverside (2002) 95 Cal.App.4th 761, 768.) "When an appellant fails to raise a point, or asserts it but fails to support it with reasoned argument and citations to authority, we treat the point as waived. [Citation.]" ( Benach v. County of Los Angeles (2007) 149 Cal.App.4th 836, 852, fn. omitted.) Plaintiff's status as a propria persona litigant does not exempt him from following these basic principles of appellate procedure. ( McComber v. Wells (1999) 72 Cal.App.4th 512, 522.) In any event, we conclude the cause of action accrued on the date of the recall election, February 9, 2009.
2. Estoppel
Plaintiff argues that either equitable or judicial estoppel should operate to prevent the statute of limitations from being applied here. Equitable estoppel requires that "'"(1) The party to be estopped must know the facts; (2) he must intend that his conduct shall be acted upon, or must so act that the party asserting the estoppel had the right to believe that it was so intended; (3) the party asserting the estoppel must be ignorant of the true state of facts; and, (4) he must rely upon the conduct to his injury."' [Citation.]" ( Spray, Gould & Bowers v. Associated Internat. Ins. Co. (1999) 71 Cal.App.4th 1260, 1268.)
The only fact plaintiff points to here is the one-month continuance on the hearing of plaintiff's motion to file an amended pleading in the writ proceeding. This delay, he claims, led to the filing of the instant action after the statute of limitations had run. Plaintiff's claim that this was a "dilatory tactic" is unsupported by the evidence, and in any event, he was well aware of the statute of limitations issue. He was not, therefore, "'"ignorant of the true state of facts."'" ( Spray, Gould & Bowers v. Associated Internat. Ins. Co., supra, 71 Cal.App.4th at p. 1268.)
Similarly, judicial estoppel does not apply. Plaintiff claims: "As plaintiff specifically informed the court of the statute of limitation and that, if the court granted continuance requested by defense counsel, plaintiff would have to invoke relation-back doctrine . . . the court is judicially estopped from barring or rejecting or denying or in any way not giving effect to plaintiff's invocation of this doctrine now, even if plaintiff were mistaken in the validity of such invocation . . . ."
The doctrine of judicial estoppel, however, applies to litigants, not the court. Judicial estoppel prevents a party from "'asserting a position in a legal proceeding that is contrary to a position previously taken in the same or some earlier proceeding. The doctrine serves a clear purpose: to protect the integrity of the judicial process.' [Citation.]" ( Jackson v. County of Los Angeles (1997) 60 Cal.App.4th 171, 181.) This argument, therefore, is without merit.
3. Relation Back
Plaintiff asserts, in a number of different ways that ultimately bring us to the same place, that the date he filed the instant case relates back to his filing of either the small claims action or the writ petition. Therefore, he argues, because he filed the small claims action and the writ petition in a timely manner, the instant case was also timely filed, even though it was filed a month after the statute of limitations had run on his claim. Plaintiff, however, is wrong. Because the small claims action, writ petition and instant case were different, separate cases, the doctrine of relation back does not apply.
The general rule is simple. "[A]n amended complaint relates back to the filing of the original complaint, and thus avoids the bar of the statute of limitations, so long as recovery is sought in both pleadings on the same general set of facts." ( Smeltzley v. Nicholson Mfg. Co. (1977) 18 Cal.3d 932, 934 (Smeltzley) (italics added).) More recent cases are in accord. "The relation-back doctrine requires that the amended complaint must (1) rest on the same general set of facts, (2) involve the same injury, and (3) refer to the same instrumentality, as the original one. [Citations.]" (Norgart v. Upjohn Co., supra, 21 Cal.4th at pp. 408-409.)
This rule, however, applies only to amended complaints, not different actions. None of the cases cited by plaintiff apply this rule to a separately filed action, including one relating to the same subject matter. In Smeltzley, the plaintiff's amended complaint, filed after the statute of limitations had run, added a new cause of action. (Smeltzley, supra, 18 Cal.3d at p. 934.) The court held this was permissible under the relation-back doctrine. (Ibid.)
In Barrington v. A. H. Robins Co. (1985) 39 Cal.3d 146, the issue was whether the plaintiff's complaint, amended to name a Doe defendant with a new cause of action arising from different facts, was properly dismissed for failure to serve within three years. ( Id. at p. 149.) The California Supreme Court held that the time for service of summons ran from the time of the filing of the amended complaint, because it was based upon different operative facts. In other words, the high court found that the service related back to the amended, not the original, complaint. Barrington has no relevance here because it does not involve the statutory deadline for service, but it, like the other cases plaintiff cites, involves an amended complaint.
Plaintiff spends much time arguing that the "form of action" does not or should not matter for purposes of relation back, claiming that the writ petition and the instant action serve the same purposes. Regardless of any merits to this point, it is legally irrelevant. The contemporary relation-back rule applies only to amended complaints. The reason is obvious. If a plaintiff could file an action with a one-year statute of limitations in 2001, dismiss it, and file another action based on the same facts in 2005, claiming the 2005 complaint related back to the 2001 complaint, it would be an exception that swallowed the rule of the statute of limitations. Because this case does not involve an amended complaint, but a completely separate cause of action, the doctrine of relation back does not apply.
4. Equitable Tolling
Plaintiff also argues that equitable tolling should apply. "Equitable tolling is a judge-made doctrine 'which operates independently of the literal wording of the Code of Civil Procedure' to suspend or extend a statute of limitations as necessary to ensure fundamental practicality and fairness. [Citations.]" ( Lantzy v. Centex Homes (2003) 31 Cal.4th 363, 370.) Courts have "applied equitable tolling in carefully considered situations to prevent the unjust technical forfeiture of causes of action, where the defendant would suffer no prejudice." ( Ibid.) For example, in Elkins v. Derby (1974) 12 Cal.3d 410, the one-year statute of limitations on a personal injury action was tolled while the plaintiff pursued a workers' compensation remedy. ( Id. at pp. 414-420.) In Bollinger v. National Fire Ins. Co. (1944) 25 Cal.2d 399, the doctrine was applied to toll a 15-month period to sue on a fire insurance policy while a timely prior action, erroneously dismissed as premature, was pending. ( Id. at pp. 410-412.) In McDonald v. Antelope Valley Community College Dist. (2008) 45 Cal.4th 88, equitable tolling applied while the plaintiff was exhausting administrative remedies. (Id. at p. 101.) All of these cases are distinct from the factual situation here, where plaintiff chose to file a writ proceeding, was completely unsuccessful on the merits, and sought to refile the action as a civil claim.
"'As with other general equitable principles, application of the equitable tolling doctrine requires a balancing of the injustice to the plaintiff occasioned by the bar of his claim against the effect upon the important public interest or policy expressed by the . . . limitations statute.' [Citation.]" ( Lantzy v. Centex Homes, supra, 31 Cal.4th at p. 371.) In this case, we find plaintiff suffered no injustice. He chose to pursue the writ action to its conclusion, even though he was well aware of the one-year statute of limitations. He could have chosen to file the instant action while the writ proceeding was still pending. Further, applying equitable tolling in this case would contravene a clear legislative intent to resolve association election matters expeditiously.
We also reject plaintiff's request for this court to create some sort of hybrid doctrine, combining selected parts of equitable tolling and relation back. Such a doctrine would contravene clearly established law under each of those separate principles.
In sum, we find the trial court did not err by sustaining the demurrer on the first cause of action. The statute of limitations bars plaintiff's claim as a matter of law, and the second amended complaint therefore fails to state facts sufficient to state a cause of action. fn. 6 ( Blank v. Kirwan, supra, 39 Cal.3d at p. 318.)
D. Plaintiff's Business and Professions Code section 17200 Claim
Plaintiff's second cause of action, offered to circumvent the statute of limitations on the first, is under the UCL. The UCL is codified in Business and Professions Code section 17200 et seq. Section 17200 prohibits any "unlawful, unfair or fraudulent business act or practice." (Italics added.)
We cannot find, and plaintiff does not cite, a single published case fn. 7 in which a homeowners association has been treated as a "business" under the UCL, and we are unpersuaded by plaintiff's claims in favor of such a reading of the statute. Plaintiff argues that associations are businesses, citing O'Connor v. Village Green Owners Assn. (1983) 33 Cal.3d 790. That case is readily distinguishable. In O'Connor, the California Supreme Court held that an association was a "business establishment" under the Unruh Civil Rights Act (Civ. Code, §51). Treating associations as businesses in that context is consistent with -- and indeed, necessary for -- fulfilling the fundamental purposes of that statutory scheme, the protection of civil rights.
The UCL's purpose does not require the same broad construction of the word "business." "The UCL's purpose is to protect both consumers and competitors by promoting fair competition in commercial markets for goods and services. [Citation.]" ( Kasky v. Nike, Inc. (2002) 27 Cal.4th 939, 949.) An association does not participate as a business in the commercial market, much less compete in it. The dispute here is not related to any activity that might be deemed in the least bit commercial. Indeed, it is solely related to the conduct of association elections, a subject covered thoroughly by the Davis-Stirling Act itself. (Civ. Code, § 1363.03 et seq.)
We do not foreclose entirely the notion that the UCL could apply to an association. If, for example, an association decided to sell products or services that are strictly voluntary purchases for members or nonmembers, it might be liable for such acts under the UCL. But applying the UCL to an election dispute would simply make no sense. An association, operating under its governing documents to maintain its premises and conduct required proceedings, possesses none of the relevant features the UCL was intended to address. Applying the UCL in this context would both misconstrue the intent of that statute and undermine the specific procedures set forth in the Davis-Stirling Act. An action under the UCL "is not an all-purpose substitute for a tort or contract action." ( Cortez v. Purolator Air Filtration Products Co. (2000) 23 Cal.4th 163, 173.) We therefore find the court properly sustained defendant's demurrer to the second cause of action.
E. Attorney Fees fn. 8
Subdivision (b) states: "A member who prevails in a civil action to enforce his or her rights pursuant to this article shall be entitled to reasonable attorney's fees and court costs, and the court may impose a civil penalty of up to five hundred dollars ($500) for each violation, except that each identical violation shall be subject to only one penalty if the violation affects each member of the association equally. A prevailing association shall not recover any costs, unless the court finds the action to be frivolous, unreasonable, or without foundation." The trial court's order stated, in relevant part: "Plaintiff knew when the action was filed that his claims under CC1363.09 were barred by the statute of limitations. Such a bar is grounds for finding an action to be frivolous. [Citations.]"
Plaintiff argues that the language of subdivision (b) does not specifically state that associations are not entitled to attorney fees because the language regarding prevailing associations mentions only "costs" and not fees. Defendant argues that when authorized by statute, reasonable attorney fees are allowable costs, and therefore, once the association has established the action is frivolous, the attorney fees provision becomes reciprocal.
"In ascertaining the meaning of a statute, we look to the intent of the Legislature as expressed by the actual words of the statute. [Citation.] We examine the language first, as it is the language of the statute itself that has 'successfully braved the legislative gauntlet.' [Citation.]" ( Wasatch Property Management v. Degrate (2005) 35 Cal.4th 1111, 1117.) The "resort to legislative history is appropriate only where statutory language is ambiguous." fn. 9 (Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal.App.4th 26, 29.)
While we agree with the trial court's conclusion that plaintiff's decision to file this lawsuit was indeed frivolous, fn. 10 we must also agree with plaintiff that the plain language of the statute does not support an award of attorney fees to defendant, as unfair as that may seem. Statutory fn. 11 attorney fee awards must be specifically authorized by a statute. (Code Civ. Proc., § 1021.) While defendant argues that Code of Civil Procedure section 1033.5, subdivision (a)(10) permits recovery of fees as an item of costs, such recovery is only permitted when authorized by contract or statute, which brings us right back around to the language of subdivision (b). Plaintiff points out that if the legislature had intended the last sentence of subdivision (b) to include attorney fees as well as costs, it could and would have said so. Further, other provisions in the Davis-Stirling Act clearly indicate an entitlement to attorney fees where the legislature deemed them appropriate. (See, e.g., Civ. Code, § 1365.2, subds. (e)(3), (f).) We reluctantly agree.
Defendant's arguments on this point are simply unpersuasive. Defendant asserts the use of the word "any" in the phrase "a prevailing association shall not recover any costs" reflects the legislature's intent to preclude either costs or attorney fees unless the action is demonstrably frivolous. But "any" costs could refer to any of the cost items listed in Code of Civil Procedure section 1033.5, subdivision (a). Defendant also argues plaintiff's interpretation "completely ignores the punitive nature of the provision, which is clearly intended to punish a member who puts an association in the position of having to expend money to defend a frivolously meritless lawsuit." But no such punitive intent is evidenced by the language of the statute. Further, defendant cites no authority in support of its position.
"'This court has no power to rewrite the statute so as to make it conform to a presumed intention which is not expressed.' [Citations.]" ( California Teachers Assn. v. Governing Bd. of Rialto Unified School Dist. (1997) 14 Cal.4th 627, 633.) We sympathize with defendant's position on this issue and agree that the legislature should amend the statute to create an entitlement to attorney fees for the association if an action is "frivolous, unreasonable or without foundation." But we must rule on the statute before us, and therefore we agree with plaintiff that subdivision (b) does not authorize the court to award a prevailing association attorney fees.
III. DISPOSITION
The trial court's decision sustaining the demurrers is affirmed. The order awarding costs to defendant that include attorney fees is reversed, and the matter is remanded to the trial court to enter a new costs award. Each party shall bear its own costs on appeal.
Bedsworth, Acting P.J., and Aronson, J., concurred.
FN *. Pursuant to California Rules of Court, rule 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of Part II.C.
FN 1. According to the property manager, defendant had previously received a judgment against plaintiff for $177,904.69.
FN 2. Had the meeting been adjourned, it would have continued the recall election to a later date with a smaller quorum requirement.
FN 3. Plaintiff's briefs purport to seek review of other issues as well, but these are the only questions properly before this court, as dictated by the relevant standard of review and substantive law.
FN *. See footnote, ante, page 1.
FN 4. Plaintiff's arguments are set forth across many headings and subheadings, nearly all of which include cross-references to other arguments. While we have read and considered each of plaintiff's arguments, in the interests of brevity and simplicity, we have grouped related legal arguments together.
FN 5. "The general rule for defining the accrual of a cause of action sets the date as the time when the cause of action is complete with all of its elements." ( Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 389.)
FN 6. After addressing the statute of limitations, plaintiff spends a significant amount of his opening brief arguing the "necessity and propriety of declaratory relief . . . and other reliefs for 1st cause of action." Because the first cause of action is barred by the statute of limitations, this substantive argument regarding the same cause of action is irrelevant. The cause of action is barred by law.
FN 7. Plaintiff cites a number of purported cases currently pending in the superior court, or decided by the appellate division, which have done so. Such cases have no binding or persuasive authority. The only published case involving an association and the UCL our research located was Turner v. Vista Pointe Ridge Homeowners Assn. (2009) 180 Cal.App.4th 676, but that case did not address the substance of the plaintiffs' UCL claim. (Id. at p. 688.)
FN 8. Plaintiff requests that we direct "supplemental briefing" on this issue because the word limit on appellate briefs requires him to present his argument in "skeletal" format. The request is denied.
FN 9. We previously granted defendant's unopposed request for judicial notice of the legislative history of Civil Code section 1363.09. If we were to consider the legislative history, we would find that it provides only limited support for defendant's argument. The legislative history includes a number of committee reports and readings, but most of these documents merely state the bill would allow prevailing associations to recover "litigation costs" if the action is frivolous. Only one document, a partisan bill analysis, states that it would permit recovery of attorney fees by associations. To constitute cognizable legislative history, a document must shed light on the view of the legislature as a whole. ( Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc., supra, 133 Cal.App.4th at p. 30.)
FN 10. Plaintiff argues that the mere fact that he filed this lawsuit after the statute of limitations had run is not sufficient for a finding of frivolousness. We do not agree with plaintiff that tardiness was the only basis for the court's finding.
FN 11. Defendant also argues it is entitled to attorney fees based on the CC&Rs. It points to a provision which states: "In the event action is instituted to enforce any of the provisions contained in this Declaration, the party prevailing in such action shall be entitled to recover from the other party thereto as part of the judgment, reasonable attorney's fees and costs of such suit." The trial court rejected this argument, pointing out that no evidence had been presented that the quoted portion of the CC&Rs applied to this case. A copy of the CC&Rs was not provided to the trial court, therefore there was no way to evaluate whether it included any provisions relating to elections, "or that this action implicated any of [the CC&Rs] provisions." For the same reasons, we reject this argument. While the CC&Rs might create an entitlement to attorney fees, defendant simply failed to make the necessary evidentiary showing in the trial court.
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Silversea have released the first details of their 2013 programme, including fabulous new explorer voyages on Silver Explorer. The new sailings include visits to over 450 destinations, on all 7 continents — including maiden calls at a host of new ports.
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As ever, Silversea will be offering a selection of special offers on these sailings including free flights — in some cases business class — and complimentary spending money of up to $1000 per suite. With luxury cruising onboard elegant, intimate ships and offering world class cuisine and service, Silversea's most popular sailings will no doubt be selling quickly.


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Hundreds of people bused in from across the state packed into a State House auditorim Tuesday morning to rally in support of Gov. Deval Patrick's tax plan, which they say is critical to make much-needed improvements in education and transportation infrastructure.
The rally, which was organized by Campaign for our Communities, a coalition of over 120 organizations across the commonwealth, ended with attendees heading off to the offices of their representatives, urging them to vote for Patrick's plan.
The governor's $ 34.8 billion budget proposal calls for an increase in the income tax from 5.25 percent to 6.25 percent and the elimination of 44 deductions coupled with a decrease in the sales tax from 6.25 percent to 4.5 percent and a doubling of personal exemption.


text:
Brady will miss Gronk even when not throwing to him
Posted by Michael David Smith on June 10, 2019, 4:16 PM EDT
Rob Gronkowski was perhaps the greatest receiving tight end in NFL history, and the Patriots will miss him now that he's retired. But even when he wasn't running a route, Gronk was an integral part of the Patriots' passing game.
Gronkowski was also a great pass blocker, and Mike Reiss of ESPN notes that Gronk may have been the best pass-blocking tight end in the league.
According to ESPN's "pass-block win rate" stat — which gives blockers a "win" every time they hold their pass block for at least 2.5 seconds — Gronk was tied with Josh Hill of the Saints as the No. 1 pass blocking tight ends in the NFL. Gronk won on 98 percent of his pass blocks, which was also better than any offensive lineman in the NFL last season (although obviously tight ends are rarely matched one-on-one with an opposing team's best pass rusher).
Gronkowski's primary role was as a receiver, but even if other Patriots can make up for the catches that will be lost to his retirement, his contributions as a blocker will be hard to replace.
15 responses to "Brady will miss Gronk even when not throwing to him"
Loved GRONK but he's gone…..
Looking forward to seeing who takes advantage of the opportunity presented to them….. should be some great camp battles!!!!
thecape15 says:
One of the more under rated parts of his game.
He was an awesome blocker.
ariani1985 says:
Great blocker with hands of stone in the red zone is his only downfall.
mediasloppy says:
I won't go into detail about how fast 2.5 seconds is to gain even more stats, but this is comical. I will simply say the guy is a stud and will get into the hall of fame (because he deserves it). I'm sure other Patriot players will also make it to the Hall of Fame based on Super Bowl wins if BB hasn't sacrificed them to get a compensatory pick in the draft.
linollieum says:
It's not "perhaps the greatest receiving tight end" ever, that's a ridiculous statement that shows you know nothing about Gronkowski except for the highlights. His blocking was even better than his receiving if anything. He was a true all around tight end. It's hard to compare to different eras, but he's easily at least in contention as the best tight end in every aspect.
randy8123 says:
So will the RB's, guy was a battering ram on wham blocks and a road grader at the second level.
vaphinfan says:
Well they both used needles but just under different circumstances.
Adam Kachur says:
he misses his cheating, that's all. oh wait……….
jvotoronto says:
No doubt Gronk was awesome and an integral part of the offense, both as a receiving and blocking TE. But the Pats and Brady will adapt. It's not like they haven't played without Gronk and been successful. Their most memorable SB comeback against Atlanta was without Gronk. They have a whole offseason to change their offense to account for his absence. I think last year, when they didn't know which Gronk would show up or if he can even play, due to injuries, and still won the SB, is more challenging as the game plan was predicated on his availability. Now that he's not around, they'll take the offseason/training camp to adjust with the running game and WRs. Prior Gronk (and even Moss), they were winning with Cadwell and Branch.
(although…TEs are rarely matched one-on-one with an opposing team's best pass rusher).
But 98% dominance! You can be sure at least whenever Gronk was lined up tight to the line in a blocking mode he was opposite one of the opposing D's best rushers – unless of course those better rushers were actually avoiding whichever side he was lined up on!! GOAT TE.
There is blocking the pass rusher, and there is going through the pass rusher putting him on his seat and continuing out on a pass route.
remizak says:
All last season the know-nothings declared Gronk washed up because he didn't have big pass/TD numbers. But those who actually watched the games could see how he cleared the way for play after play after play. And he was happy to do it, just wanted to contribute to the wins in whatever way the coaches asked.
tedmurph says:
Josh McDaniels has nothing to prove as an OC, IMO. But this yr will be interesting with what he has to work with as far as WRs and TEs.
mackcarrington says:
Brady will miss those private one-on-one beer chugging sessions with Gronk.
Was that how they celebrated their winning each year?


text:
My First Shoot
Photo by Paul Stone
Nash Edgerton: '' I WAS A DEAD BODY IN A CAR WRECK"
What is your backstory? You started as a stuntman?
I got the idea to be a stuntman when I was 18. I looked up "stunt" in the phonebook. I didn't know anyone in the industry at all. I found a number for an agency in Sydney that represents stunt people, so I called them, and they put me in contact with a stunt coordinator who was working on a film in Sydney. I went out to the set, and I met him and some stunt guys and started training with them. I would go to film sets and be the assistant. I was making coffee and just hanging out. I think the first job I got I was a dead body in a car wreck. It was an uncomfortable position to be in, so they needed a stunt guy. So that was the first film shoot I was getting paid to be on, just being a dead body.
When did you realize you wanted to be a director? Did you go from stunts to directing?
My brother Joel and I made some videos in our backyard when we were younger, never thinking there was a career we could have in the film industry. I was trying to get stunt work and had been doing stunts for a couple of years. I was putting a show reel together and rather than just videotape myself doing stunts, I shot the video like an action sequence, made up a name of a movie and put it on my show reel. I thought people would think I had been in a real movie and that would get me work. My brother Joel had just finished drama school, and he was trying to get work as an actor, and he said "Oh, maybe that would work for me as an actor!" So Joel and my friend Kieran Darcy-Smith got together and wrote a scene, then the four of us got together and we shot it.
That was your first shoot?
Yes. That was my first shoot. It was called Loaded. I wasn't bad on a computer, so I bought Adobe Premiere Version 1, it had just come out, and I had a PC. So I digitized what we shot, and I learned to edit by putting it together. I had edited before, but with two VHS machines, so I was kind of learning as I went.So we shot a bit, and edited a little bit, and then go shoot some more. So that was the first actual directing experience I had, but it was very haphazard. We were making it up as we shot it, and we had no concept at all really.
Were you happy with the results? Was that the first thing you showed people?
Yeah we showed some people, and this guy was like "Hey, that's a great short film!" We were like "What's a short film?"(Laughs) He was saying you should enter a film festival, and we were like "What's a film festival?"
How old were you at the time?
Like 22 or 23.
What do you consider your first shoot where you thought "I'm a director now."?
We had so much fun making Loaded. Just the idea of making stuff was fun to us. We weren't thinking of ourselves as directors or filmmakers. We were still stunt guys and actors. We just wanted to make stuff. I guess that's where I got the directing bug. We ended up making quite a lot of short films, and one that I made by myself for about eighty dollars ended winning at a huge film festival in Australia called Tropfest, which was a big deal at the time. The film was called Deadline, and first prize was $5,000. It was screened in front of about 25,000 people. That was the first film I directed by myself.
Then you started directing music videos?
Yes. I started getting called to direct for other people, but I still wasn't thinking of myself as a director. I guess the first directing job where I got paid was a music video for a band called Eskimo Joe. All of the films I had made up to that point were action based with very fast editing. I was like I'm going do the opposite of that with this music video, and I made a one-shot video. It ended up winning a handful of awards, and it was a very popular video, and because of that video I started getting asked to do more music videos. I ended up doing a lot of videos over the years, and I still do them.
How did you connect with Roman Coppola's company The Directors Bureau?
Stephen Pavlovic was a friend of mine and made the connection to Roman's company, because he knew Mike Mills. I made a few videos and he said "Hey while you're in the states you should look up Mike Mills." I went and met Mike and showed him some of my shorts and music videos. He liked them and passed them around to his friends, but they weren't really taking on any directors at that point. Then a couple of years later I was doing stunts on Star Wars, and there was a guy working on the film named Chris Neil. We became friends, and he saw some the films and videos i'd made, and said "I should show some of your stuff to my cousin Roman." So he did and Roman liked the work, and that's how I eventually joined The Bureau.
Aside from your usual prep, did you have any rituals back then? Do you have any rituals now?
I did shoot tests with video cameras to try and figure out the ideas. I would go out and find a location, come up with an idea, and then we rehearsed it a lot. We'll still go and shoot tests of a concept and edit it together and go yeah, this idea is going work. That test video becomes our moving storyboard, and I still do that on a lot of my films and music videos. Once I have an idea I always feel like I need to test to see if it will work, rather than figuring it out in front of 50 crew people and wasting time. I like to get a couple of friends together and work out the mechanics of the idea beforehand. When I finally get to set I don't have to shoot it ten different ways, because I've already done that.
Was there ever an aha moment with regards to something technical?
I was self-taught and didn't have a lot of technical knowledge. When I would go to film festivals where my films were screening I met filmmakers who did go to film school, and I would ask them questions. I remember one time early in my career, I got paid properly to edit a commercial, and the director had asked me to do a double header, and I'm like "Okay!" I'm in the room with the client and the director…I go out to the receptionist on the way to the bathroom and asked her "Hey, what's a double header?"
I've never heard of that. What is a double header?
It was something to do with the sound. I still don't really know. But they were asking for these things, and I would have to leave the edit room to go ask someone (Laughs).
Do you have a treasured memory of when you first started?
When we made Loaded it was pretty fun. We had no permission to do it. We had no idea how to get permission to shoot on locations. It was just us four and this one guy shooting it. We did whatever we wanted you know? Then on the next one we were shooting car chases out in the middle of the street and it was so much fun. Our friends would come over to my parents house and we would all meet there, then we would drive out to industrial areas on weekends where we figured no one would be around. We would just shoot wherever we wanted. We would have two-way radios, and my brother Joel would be on the corner saying if it was clear. If we saw someone coming we would just hide and wait.
Is there a lesson you learned back then that you still carry with you today?
I feel the best stuff we made was the stuff that we knew about. We made films that we wanted to see and themes that were interesting to us.
Do you still do that? Your films seem to have a similar theme.
Yeah, I'm just trying to make stuff that I want to watch and I think my friends want to watch. I always try to work with people I like, and I always try to do something different that I haven't done before.
What do you think is more important when starting out – talent, connections, or just plain luck?
Aw, man. I think it's kind of a combination of all of them. I don't think connections are much use when you're starting out. In my experience, we didn't have any connections. I think ultimately for myself and my brother not having connections really helped us out. We just wanted to do it, and we had no one to help us do it, so we were forced to have to learn how to do it ourselves. I think if we had connections we might not have learned as much as we did. You would have had other people there doing certain parts of it. We learned so much on how to do things and how we like to do things. We didn't go to film school, there was no one there telling us that what we were doing was the wrong way to do it, or suggesting another way of doing it. With not having connections you have to figure out your own way of doing it. At the time, the stuff we were making was so different from what anyone else was making in Australia. That's why a lot of our stuff was getting attention, because of what we were churning out. So I think that was a benefit, not having any connections. Then the talent we discovered we had, it was very loose. We were forced to figure out our style through trial and error. The stuff we made we got some attention, so we made connections as a result of that.
Were there any lucky moments that happened to you that kept you going? Maybe someone you met?
Oh, for sure. Like, the whole reason I entered Tropfest was because I saw a news article about it. I guess so many things could be narrowed down to luck if that's how you look at it. But it was nothing like who I met, or anything like that. I just grew up at the right age. My dad bought a video camera when i was around twelve years old.
Do you think it was easier to break in as a director when you did, or do you think its easier now?
Well the thing is, I wasn't trying to break in as a director. I was trying to get work as a stuntman. The directing kind of came inadvertently as I was doing these other things. I wasn't thinking of myself as a director, and then I was a director in other people's minds, so I accepted it. I wasn't trying to be a director.
Who or what influenced your style? Are there any films or directors that inspired you?
Yeah, there were two things I would watch at certain times when we were making stuff. The two films were – Reservoir Dogs and the Spike Jonze music video for the Beastie Boys called Sabotage. I saw them and I said "I can make stuff like that!" Something about these films made it seem possible to recreate. Seeing those films in our early 20's we thought yeah, we could do that. These films actually gave us confidence to go and try it.
Were there any traditional filmmakers you followed that inspired you early on?
I didn't always know the filmmaker's names, but I watched a lot of horror films. Obviously Spielberg, and Tarantino. I don't know if I was as influenced by style as much as the way films made me feel. I was never trying to imitate the look of films or the style they had. I was more trying to imitate the effect they had on me.
So you're driven by story not aesthetics?
Yeah, the tension you feel from watching something, or the shock you get, or if it makes you laugh. Like with the first music video I did I had been watching Deliverance a lot, and I remember the way that made me feel. I wanted to make something that was reminiscent to that feeling, so on that video I used that film as inspiration.
What do you think of the current state of the film business?
Yeah, I've been asked that sort of thing a lot lately. I feel like I don't really know the answer. Since I do a number of different things, I still do stunt work, I still edit for people, I still direct my own stuff, still do music videos, and also make feature films. I feel like I always have something to do, so I never feel like the industry is in a bad place. Because if you like creating stuff, you can always create whether the industry is in a good or bad place. I didn't get into film for the money. It was just something I wanted to do. If I had an idea I would just find a way to make it. The most important thing is happiness. As long as you love what you're doing and you're happy the money and hopefully everything else just sort of works out. I think when you're realistic about your abilities you don't really have much to complain about in terms of "Why am I not able to make my feature film?" If you're good enough to be doing it you'll be doing it.
Did your first short or your first music video feel like your first shoot or did you feel like you were starting over again when you shot your feature film The Square?
I had a number of first shoots. My first short film, first music video, first stunt job, my first editing gig. My first short film was very guerilla style and shot in a back-alley. The music video was also a pretty small shoot. The first time I shot a commercial was the first time it felt like a real shoot, because suddenly there were massive trucks and tons of people around. I was so nervous, so I automatically went and hung out with the stunt guys, because that's what felt most natural. Someone would have to come find me to let me know that we were starting to shoot. I remember how clearly frightening that was. That felt really big to me. Even though I had been on major movie sets like The Matrix and Star Wars, when you walk on set and you're the director, even though The Square was only a $3 million film, it still felt big to me. Suddenly you're like "Oh, shit, I'm suppose to be running this thing!"
Do you associate someone with giving you a first shot, or do you feel like you did it on your own?
No, not really. It took us a long time to get the money for my first feature film. It felt like a natural progression. We had made a bunch of shorts, my brother wrote the script, we had a producer, so the three of us together went at it. In Australia, the government supports first time filmmakers, so we were eligible to be a part of that. I did get an offer early on in my career from someone offering to get me into film school, and that was John Frankenheimer. I was doing stunts on the film The Island of Dr Moreau and i'd told John that I had made a short film (Loaded) and he wanted to see it, so I showed it to him, and he really liked it. He asked if I wanted to go to film school and said, "I could write you a letter and get you into NYU", and at that stage I was a stunt guy. I didn't know I wanted to be a director.
That's pretty amazing. What was your first film festival experience like?
Well, the first film festival experience I had was horrific. When we made Loaded and this guy told us there were film festivals and we should enter we didn't know how to find them. Kieran found an ad asking for short films at a place called the Performance Space in Sydney where they were showing films, and performance art. I didn't even know what performance art was. We entered that and it was the first public screening we had of anything we made, and the first act was a guy dancing naked in heels for like 15 minutes, and the crowd thought it was amazing! We were like "What the hell is this?" There were a couple of other weird acts, and then our film played and everyone was like "BOO!" They were yelling at the screen that it wasn't performance art. We thought we had made this terrible thing.
What did you take away from your first feature film that would inform your next one?
The biggest fear I had was "Can I make a feature film?" That was the overwhelming fear the whole time. I think every time you make something you're afraid that it's going to be bad, or people aren't going to like it, or what's going to go wrong. At least now I have one less fear, like can I make a feature film? Well I know that answer because I made one, so yeah, I can (laughs). Everything up until that point with music videos and short films it had all been one day, two days, three days, or five days was the longest I had done a shoot in a row, and then suddenly I had to do 34 days. The other thing I learned from the experience was I learned I love doing this, I want to do this, and I want to make more feature films.
Was there anything you learned about the politics of feature filmmaking?
No, I think that stuff is different every time. I think every film, everything you make, you learn some other lesson and you make some mistake and you learn something. There are always new mistakes you will make. Maybe you experience the same problems, but there will always be something new you have to deal with on each project.
Because every shoot is different, and all the people are different?
Yeah, just navigating actors was interesting. I had never had that many before. You realize when you have that many actors that they are all different, they all require different things, you know? Some need to rehearse, some don't need to, some are good on the first take, some aren't good until take six, some need really good direction, and some have natural instincts. So you're constantly trying to keep a tab on who needs what from you to make them all feel like they are in the same movie.
That's a really good point. So what do you think is the most important tool or skill for directors?
Adaptability. Because shit always changes. The weather is not what you expected to be. There are actors who drop out. You run out of time, you need to get ten shots, and you only have time to do three. You just have to adapt, you have to be creative in your decisions. Being adaptable is the best thing possible. It just never goes the way you planned it, so you can't resist it. As soon as something unplanned happens like "Oh, it's not suppose to be raining!" you have to go, okay, well how does this help me?
Did you freak out when these things happened when you first started?
I think starting out as a stuntman, since being a stuntman is all about being adaptable, you plan it to a certain degree, but you are doing something that's not that predictable. I always had to be adaptable as a stuntman. Learning that as a stuntman was very useful when I started directing.
That makes a lot of sense, because creating a stunt is similar to creating a scene.
Exactly, I mean that's what filmmaking is, ultimately. It's very rare you can make a film by yourself. Maybe if you're an animator in a room. Most films are collaborations with a lot of people, different personalities, different egos, and a lot of different creative processes. You try to manage all of that. So it's never going to be exactly what you see in your head, but hopefully you can maintain your personal vison. It's like this constantly moving object. Everyone is coming to work today with different personal problems, so if you can somehow make something great with this group of weird people together that all have a love for one thing.
It took me a while to realize that I can only move as fast as the speed that the crew and staff are willing to work.
Well, the trick is when you first get there for the first shot of the day, you make it a shot that's not too tricky, and you can set up quite quickly and shoot it. Because until you start shooting everyone is working at a pretty slow pace. As soon as you have the first shot in the can, and you get it within the first hour, everyone is like "Oh, so this is the speed we're working at." The start of the day really sets the pace for the rest of the day. A first A.D. told me to get the first shot out as quickly as you can. You get that first shot out, people go "Oh, the director knows what he is doing!" But if you sit there as a director going "Okay, maybe we can do it from here, or maybe you can do it from there and you take a long time or there are too many takes then they see the opposite.
That's a really good point.
The crew are on sets more than you are. They've seen way better directors doing it in half the time you can, and in a better way, and with better communication. They have all worked with someone better than you.
Yeah, you don't realize how much you're being observed when you're a director all caught up in the moment.
The main thing is they've worked with better people than you. There is always someone out there better than you at it, or that they like more than you. So you gotta try to be the guy who knows what he's doing, or who seems to know what he's doing. If they trust you from the start, they will work better for you. I'm sure you've had a moment where you thought "I am sure the film crew know I don't know what I'm doing" (Laughs). If they think that, then that's how they'll treat you.
Exactly. That sets the tone for the way that the day is going to unfold. Do you have any advice for up-and-coming directors?
I always tell people, think about the resources you have available to you, and utilize those when you make stuff. What locations do you have access to in your neighborhood? Do you have a friend who has acting talent? It's always about finding what resources you have available to you rather than going "We need a full film crew." We use to make stuff with two or three people, and still do sometimes. You just use what you have access to. If you can't afford to do something, there is always another way of doing it. You just have to be creative about it.
Can you tell me a little about your latest project?
I'm trying to write something. I've got a couple of scripts, one that someone else wrote that I like, one that my brother Joel wrote for me, and one that he and I are writing together. They are all in different stages of development.
If I had to pick one it would be "Ferris Bueller's Day Off", because it's not just that the movie is really entertaining, it's fun and has a great heart to it. I like Jaws, Reservoir Dogs, and Magnolia. Paul Thomas Anderson is probably one of my favorite directors ever.
Is there anything you've seen lately that got your attention?
I just saw this great documentary the other day called The Elephant in the Living Room. It's about people who keep exotic pets in America.
Nash Edgerton
Director - The Directors Bureau
Matt Ian
Andre Hyland
Eliot Rausch
Interview by Paul Stone
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