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Browsing History HOMECase LawHaley v. Casa Del Rey
HALEY v. CASA DEL REY HOMEOWNERS ASSOCIATION
(2007) 153 Cal.App.4th 863
Patricia A. Gregory for Plaintiffs and Appellants.
Shifflet, Kane & Konoske, Gregory P. Konoske and D. Amy Akiyama for Defendants and Respondents Casa del Rey Homeowners Association, Patrica Lego and Doris Giannini.
Gates, O'Doherty, Gonter & Guy, Douglas D. Guy and Nikki H. Love for Defendant and Respondent Pam Bargamian. [153 Cal.App.4th 867]
MCCONNELL, P. J.-
This case arises from a dispute concerning use of the common area at the Casa Del Rey condominium building. Terri Haley and William Haley (together Haley when appropriate) appeal a judgment entered after (1) the trial court granted nonsuit on causes of action against the Casa Del Rey Homeowners Association (the Association) for nuisance and negligence, and on a cause of action against Pam Bargamian for defamation, and ruled in the Association's favor on a cause of action against it for declaratory and injunctive relief, and (2) the jury found against Haley on a cause of action against the Association for breach of contract, and on a cause of action against the Association, Patricia Lego and Pam Giannini for breach of fiduciary duty.
Haley contends the court abused its discretion by granting nonsuit on the causes of action for nuisance and defamation, refusing to grant declaratory and injunctive relief, and refusing to modify jury instructions pertaining to the availability of nominal damages for breach of contract. Haley also challenges the timeliness of the defendants' memorandum of costs. We affirm the judgment. fn. 1
The Casa Del Rey condominium building has 18 units evenly divided between the first and second floors. The lower units have small concrete patios for owners' exclusive use. A few feet of flat ground extends westerly beyond the patios to an ivy-covered downward slope. Originally, the flat ground was also covered with ivy, but many years ago most lower unit owners removed the ivy and replaced it with tile pavers or concrete to extend their patio areas. Some owners also placed items in that portion of the common area such as railroad ties, trellises, plantings and flower pots.
In 1998 Terri Haley and William Haley purchased a downstairs unit at Casa Del Rey, and at the time pavers and a hedge were in the common area beyond the patio. Terri Haley moved into the unit in early 2000.
In 2003 Haley and another resident of Casa Del Rey with whom she was close friends, Shawn Frampton, complained to the Association about the [153 Cal.App.4th 868] encroachments in the common area, even though their units both had patio extensions. Their complaints reportedly arose after a resident yelled at Frampton for walking on a railroad tie near her patio, and Haley slipped on the slope as she attempted to avoid encroachments. [153 Cal.App.4th 869]
In a July 2003 letter, the Association's management company, Cal West Management & Sales (Cal West), notified owners of the complaint. The following month the Association held meetings regarding the issue. The Association also established committees and asked owners to give input as to what should be done with the small strip of common area at issue. At one meeting, a majority of owners agreed that personal items should be removed from the common area and the Association should consult an attorney about amending the covenants, conditions, and restrictions (CC&R's) to give it authority to grant owners an exclusive use easement over that area. Under the CC&R's, the right to use of the common area could be changed by a vote of at least 60 percent of the owners.
In October 2003 the Association circulated a draft amendment to the CC&R's that would give it discretion to allow patio extensions. It stated, "The Board shall have the right to allow one or more owners to use portions of the common area, provided that such portions of the common area are nominal in area and adjacent to the owner's separate interest, do not encroach upon another owner's restricted common area; and provided further that such use does not unreasonably interfere with any other homeowner's use or enjoyment of the development." The amendment is intended to preserve the privacy of owners of the lower units.
The Association sent owners a ballot on the matter. Bargamian, who was then on the board of directors, certified under penalty of perjury that 16 of the 18 owners voted in favor of the amendment. Bargamian, however, did not actually see the ballots. Signe Osteen, who managed the Association through Cal West, had personally counted the ballots and determined more than 60 percent of the owners voted for the amendment. Subsequently, the ballots were misplaced. Bargamian said she got the information in her certification from Osteen. According to Osteen, she did not tell Bargamian that 16 owners approved the measure, but rather that more than 60 percent of them approved the measure.
Most of the owners removed their pavers and other encroachments from the common area, including Haley, but some did not. The common area beyond the back patios now largely consists of dirt instead of patio extensions. Under the amendment to the CC&R's, the Association has approved some encroachments.
In January 2004 the Haleys sued the Association, Lego, Giannini and Bargamian. A second amended complaint included causes of action against the Association for declaratory and injunctive relief, breach of the CC&R's, nuisance and negligence; a cause of action against the Association, and Lego and Giannini, who were formerly on the Association's board of directors, but not when the amendment to the CC&R's was adopted, for breach of fiduciary duty; and a cause of action against Bargamian for slander. fn. 2
The cause of action for declaratory and injunctive relief alleged: "Throughout 2003, [Haley] protested the policy allowing private capture of common area. As a result, [she] incurred substantial attorney's fees to contest the policy which has resulted in [the Association] only recently asking, but not forcing, condo owners to remove some of the encroachments, while at the same time, seeking to revise the CC&Rs so as to allow ongoing and future encroachments." The breach of contract cause of action alleged the defendants' failure to enforce the CC&R's caused Haley damages including her "valuable time and attorneys' fees incurred to respond to and protest the Board actions," diminution in property value, and "additional condominium dues or fees for wasteful and/or improper activities."
The breach of fiduciary duty cause of action alleged the defendants failed to make reasonable and good faith efforts to enforce the CC&R's. Further, it alleged that from 2003 Giannini, Lego and the Association had "undertaken regular and pernicious harassment of [Haley] because [she was] outspoken . . . regarding the encroachments on common areas." The complaint alleged a variety of wrongdoing, including disregarding Haley's complaints about owners' violations of the CC&R's, and the mounting of a hate campaign against Haley that included such things as telling owners not to talk to her, forbidding her from distributing information pertaining to the Association, directing owners to return Haley's letters unopened, leaving eggs on her doorstep, telling her she could not walk in the common area, calling her names such as " 'chicken liver shit,' " telling her she should move because she is hated, and telling owners and the police she is schizophrenic when she is not. The complaint also challenged the validity of the vote in which the amendment to the CC&R's was made.
The nuisance cause of action alleged that by allowing encroachments in the common area, the Association "created and [153 Cal.App.4th 870] maintained a nuisance which substantially and unreasonably interferes with [Haley's] use and enjoyment of property and comfortable enjoyment of life at Casa Del Rey." It also alleged that "[b]y failing to inspect, maintain, and repair the common pipes, plumbing, and waterworks of Casa [D]el Rey . . . [the Association has] created and maintained a nuisance." The negligence cause of action was also based on plumbing problems. It alleged that on August 4, 2003, her condominium was flooded by sewage from her toilet, and she endured five subsequent sewage floods. The Association allegedly "cleaned and restored other affected condos but failed to take appropriate actions to decontaminate and restore [Haley's condominium], thereby creating a Level 3 sewage contamination and destroying much of [the condominium]."
The slander cause of action against Bargamian alleged she falsely published to a third party (Frampton) that Haley "was having sex with [her son] William and Frampton . . . , and later published that [she] was having group sex with William and Frampton." (Some capitalization omitted.)
A jury trial was held in January 2006. After the close of Haley's evidence, Bargamian successfully moved for a nonsuit on the slander cause of action on the ground she presented no evidence on the publication element of the tort. The court also granted the Association's motion for nonsuit on the negligence cause of action because of a lack of causation, and on the nuisance cause of action as it was essentially also based on allegations of negligence.
After the presentation of all evidence and closing arguments, the jury returned a special verdict form in which they found the Haleys substantially performed under the CC&R's, and the Association failed to do something unspecified that the CC&R's required, but its conduct was not a substantial factor in causing Haley any harm. The jury found the Association, Lego and Giannini did not breach their fiduciary duty to the Haleys.
The court ruled against the Haleys on their cause of action for declaratory and injunctive relief, finding the defendants enforced the CC&R's in a fair and consistent manner, the amendment to the CC&R's was lawfully passed and there was no breach of fiduciary duty. The court also designated the Association the prevailing party for purposes of attorney fees. It awarded Bargamian costs of $5,039, and the Association attorney fees of $169,956.26 and costs of $14,800.26. The Haleys unsuccessfully moved for a new trial, and judgment was entered for the defendants on April 10, 2006.
I. Breach of Contract Damages
Haley contends the court erred by allowing "a special verdict that specifically included the word substantial, thus precluding nominal damages [on her [153 Cal.App.4th 871] breach of contract cause of action]. At trial, there were objections made to the jury instructions. Erroneous jury instructions allowing the word substantial to remain caused confusion upon [sic] the jury. In fact, [the Association] made several requests to modify the jury instructions but only one addition was allowed."
[1] Nominal damages may be awarded in a breach of contract action (Civ. Code, § 3360; CACI No. 360), but the Haleys do not cite the appellate record to show they requested an instruction on nominal damages or made any objection to the instructions or the special verdict form. "The reviewing court is not required to make an independent, unassisted study of the record in search of error or grounds to support the judgment. It is entitled to the assistance of counsel." (9 Witkin, Cal. Procedure (4th ed. 1997) Appeal, § 594, p. 627.) Accordingly, where a party provides a brief "without argument, citation of authority or record references establishing that the points were made below," we may "treat the points as waived, or meritless, and pass them without further consideration." (Troensegaard v. Silvercrest Industries, Inc. (1985) 175 Cal.App.3d 218, 228.)
Even without waiver, however, Haley's contention lacks merit. The court instructed the jury as follows: "To succeed on a claim for breach of the governing documents the plaintiffs must prove all of the following elements: [¶] Number one, that the plaintiffs did all or substantially all of the significant things that the contract required them to do. [¶] Second, the plaintiffs were excused from doing all of the significant things that the contract required them to do. [¶] Third, the defendants failed to do something that the contract required them to do. [¶] Fourth, that the failure of the defendants was a substantial factor in causing damage to the plaintiffs. [¶] Number five, the nature and extent of such damages."
[2] These instructions were proper (see CACI No. 303), and contrary to Haley's position, neither the instructions nor the special verdict form required a finding of substantial damages. Rather, they required a finding the Association's breach of contract was a substantial factor in causing damage. As the trial court noted in denying Haley's motion for a new trial, "this business about substantial was an issue for causation. It wasn't for damages." "The test for causation in a breach of contract . . . action is whether the breach was a substantial factor in causing the damages. [Citation.] 'Causation of damages in contract cases, as in tort cases, requires that the damages be proximately caused by the defendant's breach, and that their causal occurrence be at least reasonably certain.' [Citation.] A proximate cause of loss or damage is something that is a substantial factor in bringing about that loss or damage. [Citations.] The term 'substantial factor' has no precise definition, but 'it [153 Cal.App.4th 872] seems to be something which is more than a slight, trivial, negligible, or theoretical factor in producing a particular result.' " (US Ecology, Inc. v. State (2005) 129 Cal.App.4th 887, 909.)
Moreover, Haley presented no evidence of any damages caused by a breach of the CC&R's, and in closing argument her attorney did not mention damages, even nominal damages. In the Association's closing argument, its attorney pointed out there "is not one single piece of evidence . . . as to any damage [Haley] sustained." The court's instructions and the special verdict form did not result in a finding of no damages, Haley's failure of proof did. Haley cites Maher v. Saad (2000) 82 Cal.App.4th 1317, but it concerns jury instructions in a medical malpractice action and is inapplicable.
II. Declaratory and Injunctive Relief
[3] Haley also contends the court improperly denied her request for declaratory and injunctive relief. " 'A permanent injunction is a determination on the merits that a plaintiff has prevailed on a cause of action . . . against a defendant and that equitable relief is appropriate.' [Citation.] The grant or denial of a permanent injunction rests within the trial court's sound discretion and will not be disturbed on appeal absent a showing of a clear abuse of discretion. [Citation.] The exercise of discretion must be supported by the evidence and, 'to the extent the trial court had to review the evidence to resolve disputed factual issues, and draw inferences from the presented facts, [we] review such factual findings under a substantial evidence standard.' [Citation.] We resolve all factual conflicts and questions of credibility in favor of the prevailing party and indulge all reasonable inferences to support the trial court's order." (Horsford v. Board of Trustees of California State University (2005) 132 Cal.App.4th 359, 390.) The issue of whether declaratory relief is necessary or proper is also subject to review under the abuse of discretion standard. (DeLaura v. Beckett (2006) 137 Cal.App.4th 542, 545, fn. 3.)
Haley's principal challenge is to the court's finding the amendment to the CC&R's giving the Association discretion to allow encroachments beyond the back patios of the lower units was lawfully passed. Haley cites Bargamian's testimony that she did not see the owners' votes, and in certifying the election result she relied on information she received from the Association's manager, Osteen, that more than 60 percent of the owners voted for the amendment.
Haley, however, ignores the evidence supporting the court's ruling. Osteen testified she personally counted the votes, more than 60 percent of the owners [153 Cal.App.4th 873] approved the amendment to the CC&R's, and she reported that outcome to the Association at a board of directors meeting. Haley cites no evidence suggesting that fewer than 60 percent of the owners approved the amendment, or any authority for the proposition that the misplacement of the ballots or Bargamian's certification of the result without personally counting the votes invalidates the vote. As to the latter issue, Osteen testified the votes identified the unit owners and the owners had a right of privacy as to how they voted. fn. 3 Further, Karen Conlon, the president of the California Association of Community Managers and an expert in the field of property management, testified that "[t]ypically, the community management company will tally a vote," and there was no voting irregularity. The court's finding is supported by substantial evidence.
Haley also contends she is entitled to declaratory and injunctive relief because "removal of the encroachments [in the common area beyond the back patios] should have been enforced." The evidence showed, however, that because of Haley's complaint the Association asked owners of the lower units to remove their encroachments and most of them complied. Conlon testified she had reviewed the Association's records and "[t]here were numerous letters sent to all of the members requesting that they remove any personal items from common areas," particularly the area of the patio extensions. Further, deposition transcripts showed that all but two owners complied. Injunctive relief is available to prevent future harm, not to address past harm. "An injunction is authorized only when it appears that wrongful acts are likely to recur." (Russell v. Douvan (2003) 112 Cal.App.4th 399, 402, italics added.)
To any extent the Association was unable to obtain 100 percent compliance, Haley does not cite any authority for the proposition that it was required to pursue an expensive and time-consuming lawsuit. To the contrary, the CC&R's give the Association the right, but not the obligation, to file lawsuits against owners for violating their provisions. Conlon explained that while the Association is charged with enforcing the CC&R's, board members "also have the ability to use some discretion to do what they feel is in the best interests of the community." She elaborated that "the business judgment rule comes [into] play, [and] boards have to take into consideration the interests of not only certain owners, but all owners and what is in the best interests of the community. They do what they think is best under the circumstances, whatever the circumstances are." As an example, Conlon [153 Cal.App.4th 874] explained that if an owner was violating the governing documents but the homeowners association lacked the finances to pursue a lawsuit, the board "will continue to try to work with the owner to get them to comply with the governing documents."
In any event, with the amendment to the CC&R's the Association now has the discretion to allow encroachments under certain conditions to protect owners' privacy. Haley agreed in her testimony that if the amendment was legally adopted she would abide by it. She stated, "I would have been willing to live with anything legal." At another point she was asked whether she agreed "to be bound by what 60 percent of the voting members want to do, as far as how they govern themselves?" and she responded, "Yes." Thus, she has conceded that the court's finding on the vote issue resolves the encroachment matter and declaratory and injunctive relief is unwarranted.
Haley asserts there was "uncontroverted evidence" the Association discriminated by not enforcing the CC&R's against "individual board members [who] admitted to violating the regulations." The single cite she gives to the record is to the testimony of Giannini that "[o]ff and on" the Association notified her that her garage was in violation of the CC&R's because it was so full of garage sale finds it had no room for a car. The Association did not ignore the matter, however, and it was not required to sue Giannini rather than handle the matter informally whenever the issue arose. This issue does not show the Association handled CC&R violations in a discriminatory manner.
[4] The trial court found the Association fairly and consistently enforced the CC&R's in accordance with the guidance set forth in Lamden v. La Jolla Shores Clubdominium Homeowners Association (1999) 21 Cal.4th 249 (Lamden). In Lamden, a condominium owner sued the community association for diminution in the value of her property after it decided to spot-treat termite infestation rather than fumigate. The court held as follows: "Where a duly constituted community association board, upon reasonable investigation, in good faith and with regard for the best interests of the community association and its members, exercises discretion within the scope of its authority under relevant statutes, covenants and restrictions to select among means for discharging an obligation to maintain and repair a development's common areas, courts should defer to the board's authority and presumed expertise. Thus, we adopt today for California courts a rule of judicial deference to community association board decisionmaking that applies, regardless of an association's corporate status, when owners in common interest developments seek to litigate ordinary maintenance decisions entrusted to the discretion of their associations' boards of directors." (Id. at p. 253.) [153 Cal.App.4th 875]
Lamden is not directly on point as this case does not concern ordinary maintenance decisions. However, we believe it also reasonably stands for the proposition that the Association had discretion to select among means for remedying violations of the CC&R's without resorting to expensive and time-consuming litigation, and the courts should defer to that discretion. Before Lamden, the Supreme Court explained that "[g]enerally, courts will uphold decisions made by the governing board of an owners association so long as they represent good faith efforts to further the purposes of the common interest development, are consistent with the development's governing documents, and comply with public policy." (Nahrstedt v. Lakeside Village Condominium Association, Inc. (1994) 8 Cal.4th 361, 374.)
[5] Further, because "a stable and predictable living environment is crucial to the success of condominiums and other common interest residential developments, and because recorded use restrictions are a primary means of ensuring this stability and predictability, the Legislature in [Civil Code] section 1354 has afforded such restrictions a presumption of validity and has required of challengers that they demonstrate the restriction's 'unreasonableness' by the deferential standard applicable to equitable servitudes." (Nahrstedt, supra, 8 Cal.4th at p. 368.) Haley did not show the amendment to the CC&R's is unreasonable.
To the contrary, the evidence shows that the portion of the common area where the patio extensions existed was never used as a walkway, and instead was covered by ivy until it was removed by owners who added pavers or other improvements. Further, because of the proximity of that portion of the common area to the patios and living spaces of the lower condominium units, unrestricted use of it would invade the privacy of lower unit owners. It would be untenable, for instance, for owners to place lawn chairs directly outside a lower unit's patio and only a few feet from a living room or bedroom, or to use that portion of the common area as a thoroughfare.
Additionally, to any extent residents would be required to use the common area for egress in an emergency, Conlon and Osteen testified the pavers or other surfaces made passage safer. Conlon believed pavers were preferable to the dirt surface in place after removal of the improvements.
Mary Howell, the Association's attorney, testified she had represented homeowner associations for approximately 25 years. The Association retained her in the summer of 2003 regarding Haley's complaint about its "long-standing practice of letting homeowners expand what would be their exclusive use common areas into other areas of the common area." Howell drafted the amendment to the CC&R's, and she believed based on her research and [153 Cal.App.4th 876] knowledge that the Association had discretion to grant exclusive use of the common area in question if at least 60 percent of the owners approved the amendment, as required by the CC&R's. fn. 4
[6] Under all the circumstances, the amendment is a reasonable and common-sense solution to Haley's complaints that the letter of the original CC&R's was being violated. The court properly exercised its discretion by denying declaratory and injunctive relief.
III. Nonsuit on Nuisance Cause of Action fn. 5
Haley next contends the court abused its discretion by granting nonsuit on her nuisance cause of action against the Association "because the acts of the other homeowners and the [Association] interfered with [her] use and enjoyment of [her] property interest." fn. 6
[7] " 'A motion for nonsuit or demurrer to the evidence concedes the truth of the facts proved, but denies as a matter of law that they sustain the plaintiff's case. A trial court may grant a nonsuit only when, disregarding conflicting evidence, viewing the record in the light most favorable to the plaintiff and indulging in every legitimate inference[,] which may be drawn from the evidence, it determines there is no substantial evidence to support a judgment in the plaintiff's favor. [Citations.]' " (Mechanical Contractors Assn. v. Greater Bay Area Assn. (1998) 66 Cal.App.4th 672, 677.) We review the ruling on a motion for nonsuit independently, employing the same standard that governs the trial court. (Saunders v. Taylor (1996) 42 Cal.App.4th 1538, 1541-1542.)
[8] "Nuisance is the interference 'with the comfortable enjoyment of life or property.' . . . [T]o recover damages for nuisance the plaintiff must prove the defendant's 'invasion of the plaintiff's interest in the use and enjoyment of the land was substantial, i.e., that it caused the plaintiff to suffer "substantial actual damage." ' The interference ' "must also be unreasonable." ' The test for determining whether the plaintiff has suffered an unreasonable interference with the use and enjoyment of his [or her] property 'is whether [153 Cal.App.4th 877] the gravity of the harm outweighs the social utility of the defendant's conduct.' " (Fashion 21 v. Coalition for Humane Immigrant Rights of Los Angeles (2004) 117 Cal.App.4th 1138, 1154, fns. omitted.)
The nuisance cause of action in the second amended complaint alleged Haley had "been damaged as a result of the nuisance in an amount to be proved at trial." As discussed, however, Haley adduced no evidence the Association's conduct caused her any damage.
The nuisance cause of action also sought "injunctive relief to abate the nuisance." As we explained above, however, the Association did require owners to remove encroachments when Haley complained, and now, through the amendment to the CC&R's it has discretion to allow encroachments to protect the privacy of owners of the lower units. Haley failed to establish there was any unreasonable interference with her use and enjoyment of the property. Certainly, the privacy interests of the lower unit owners, including Haley, outweigh any arguable minor inconvenience to her caused by the inability to access the entire periphery of the condominium building. Presumably, the amendment to the CC&R's will increase, rather than harm, Haley's use and enjoyment of her unit. There is simply no nuisance to abate.
IV. Nonsuit on Defamation Cause of Action
Additionally, Haley contends the court abused its discretion by granting nonsuit on her defamation cause of action against Bargamian on the ground the publication element of the tort was unsatisfied.
[9] "Defamation constitutes an injury to reputation; the injury may occur by means of libel or slander. [Citation.] . . . A false and unprivileged oral communication attributing to a person specific misdeeds or certain unfavorable characteristics or qualities, or uttering certain other derogatory statements regarding a person, constitutes slander." (Shively v. Bozanich (2003) 31 Cal.4th 1230, 1242.)
"One of the elements of the tort of defamation is 'publication.' In general, each time the defamatory statement is communicated to a third person who understands its defamatory meaning as applied to the plaintiff, the statement is said to have been 'published,' although a written dissemination, as suggested by the common meaning of that term, is not required. Each publication ordinarily gives rise to a new cause of action for defamation." (Shively v. Bozanich, supra, 31 Cal.4th at p. 1242.) "Publication of defamatory matter is [153 Cal.App.4th 878] its communication intentionally or by a negligent act to one other than the person defamed." (Hellar v. Bianco (1952) 111 Cal.App.2d 424, 426.)
Haley testified that one day she and Frampton were sitting at the computer in her home when Bargamian began pounding on Haley's screen door and commanding Haley to " 'get over here.' " Haley told Bargamian to go away, but she refused. Bargamian accused Haley of wasting the time of Bargamian's landscapers by talking to them earlier. Haley testified that after a few minutes she went to the door, and Bargamian called her a "chicken shit for not coming out." Haley then went outside and Bargamian called her "ugly." Haley retorted, "you have a fat butt." According to Haley, Bargamian then said, " 'What's this funny stuff going on between you and your son? I know something very funny is going on between you and your son. . . . I know you are having sex with your son,' " and " 'you are also having sex with [Frampton]' " in a three-way arrangement.
Haley, however, produced no evidence Bargamian knew Frampton was at Haley's home. Frampton testified he visited Haley at her home occasionally, but on the day in question he had no personal effects at the front door of her home that would notify Bargamian of his presence. Frampton said he never went to the door when Bargamian was there, explaining "I didn't feel like I had an interest in it." Frampton also testified he was in a bedroom of Haley's home working on a computer and there was a wall between him and Bargamian and they could not see each other. Further, Frampton testified Haley never told Bargamian he was in her home.
Haley vaguely asserts "[i]t should have been the jury who decided whether . . . Bargamian did in fact see . . . Frampton in the mirror." (Italics added.) Haley points to no evidence, however, suggesting Frampton could have seen Bargamian in a mirror. To the contrary, Frampton testified he and Bargamian could not see each other. Haley testified that when Bargamian pounded on her door, "I was able to see who it was from the mirror." That testimony, however, did not concern Frampton.
Contrary to Haley's position, it is not sufficient, standing alone, that Frampton overheard Bargamian's accusation that Haley and her son had a sexual relationship. "If a reasonable person would recognize that an act creates an unreasonable risk that the defamatory matter will be communicated to a third person, the conduct becomes a negligent communication." (Rest. 2d Torts, § 577, com. k.) [153 Cal.App.4th 879] Here, the evidence does not indicate Bargamian had any reason to believe Frampton would overhear her comments. Haley asserts that "[a]ny argument by . . . Bargamian as to whether or not she knew Frampton was present had yet to be made. . . . Bargamian's credibility should have been assessed by the jury and not simply dismissed." Haley, however, had the opportunity to but never questioned Bargamian on the issue. The nonsuit was proper. fn. 7
V. Memorandum of Costs
The jury returned its special verdict on January 25, 2006. On February 23, the Association, Lego and Giannini filed a memorandum of costs. fn. 8 At a hearing on March 22, the court granted Haley's motion to tax costs and took the amount of attorney fees and costs to be awarded under submission. On April 10, judgment on the special verdict was entered and it included an award of attorney fees and costs to the defendants.
Haley concedes the defendants were prevailing parties entitled to fees and costs and she does not challenge the amount of the award. She contends that under California Rules of Court, rule 3.1700(a)(1) the memorandum of costs was untimely. fn. 9 Rule 3.1700(a)(1) provides in part: "A prevailing party who claims costs must serve and file a memorandum of costs within 15 days after the date of mailing of the notice of entry of judgment or dismissal by the clerk under Code of Civil Procedure section 664.5 or the date of service of written notice of entry of judgment or dismissal, or within 180 days after entry of judgment, whichever is first."
Haley also cites Code of Civil Procedure section 664, which provides: "When trial by jury has been had, judgment must be entered by the clerk, in conformity to the verdict within 24 hours after the rendition of the verdict, whether or not a motion for judgment notwithstanding the verdict be pending, unless the court order the case to be reserved for argument or further consideration, or grant a stay of proceedings. If the trial has been had by the court, judgment must be entered by the clerk, in conformity to the decision of [153 Cal.App.4th 880] the court, immediately upon the filing of such decision. In no case is a judgment effectual for any purpose until entered."
Haley asserts that "[e]ither the [m]emorandum of costs was filed too late following the entry of the judgment by the clerk on January 25, 2006, or was filed in advance of the entry of the judgment prepared by [the defendants] and filed on April 10, 2006. Either way, the memorandum of costs was not filed in compliance with [rule 3.1700]." In her motion to strike, Haley argued the cost memorandum was too late because it was not filed within 15 days of entry of the jury's special verdict.
[10] The interpretation of statutes presents questions of law subject to independent review on appeal. (Board of Retirement v. Lewis (1990) 217 Cal.App.3d 956, 964.) "Our primary aim in construing any law is to determine the legislative intent. [Citation.] In doing so we look first to the words of the statute, giving them their usual and ordinary meaning." (Committee of Seven Thousand v. Superior Court (1988) 45 Cal.3d 491, 501.) [11] Under rule 3.1700(a)(1), the operative event is entry of judgment, not entry of a special verdict. Here, the defendants filed their memorandum of costs well before entry of judgment, which for some unexplained reason was entered more than two months after the jury returned its verdict. Thus, the memorandum was not late.
Further, time limitations pertaining to a memorandum of costs are not jurisdictional (Gunlock Corp. v. Walk on Water, Inc. (1993) 15 Cal.App.4th 1301, 1304), and the premature filing of a memorandum of costs is treated as "a mere irregularity at best" that does not constitute reversible error absent a showing of prejudice. (Pamela W. Millsom (1994) 25 Cal.App.4th 950, 961; Parker v. City of Los Angeles (1974) 44 Cal.App.3d 556, 565-566.) Rather, courts treat prematurely filed cost bills as being timely filed. (Laurel Hills Homeowners Assn. v. City Council (1978) 83 Cal.App.3d 515, 528; Brown v. West Covina Toyota (1994) 26 Cal.App.4th 555, 560, disapproved of on another ground in Murillo v. Fleetwood Enterprises, Inc. (1998) 17 Cal.4th 985, 996.)
Haley has made no showing of prejudice, and thus no reversible error exists. [153 Cal.App.4th 881]
The judgment is affirmed. The respondents are entitled to costs on appeal.
Benke, J., and Huffman, J., concurred.
FN 1. In their appellate briefing the Haleys mention their breach of fiduciary duty claim only in passing. They do not mention breach of fiduciary duty in their list of issues and develop no argument or cite any legal authority pertaining to it, and thus have waived review of the jury's finding against them on that claim. (Interinsurance Exchange v. Collins (1994) 30 Cal.App.4th 1445, 1448.) As the second amended complaint named Lego and Giannini only in the breach of fiduciary duty cause of action, they are parties to this appeal only insofar as the memorandum of costs issue is concerned.
FN 2. The second amended complaint also named Frampton as a plaintiff and Cal West as a defendant, but they are not involved in this appeal.
FN 3. Haley asserts the "vote count of the amendment could not be ascertained as accurate." She cites the hearsay testimony of William Haley that the official vote count was not accurate "based upon my mother telling me how she voted and finding out from Mr. Frampton how he voted, and subsequently finding out from my mother how Mr. Slater voted." To pass, the amendment required the approval of 60 percent of the owners, or at least 11 owners, and there is no dispute in the evidence that at least 11 owners voted in favor of it.
FN 4. Civil Code section 1363.07, subdivision (a), enacted in 2005 after events here, allows a homeowners association to grant exclusive use of a portion of a common area to an individual member on the affirmative vote of at least 67 percent of the members, or a different percentage specified in the governing documents.
FN 5. Haley does not challenge the nonsuit on the negligence cause of action.
FN 6. Haley erroneously asserts the nuisance cause of action was also against Lego, Giannini and Bargamian. It was only against the Association.
FN 7. Given our holding on the defamation issue, we are not required to address Bargamian's contention that Frampton was not a third person for purposes of publication since she accused him of having a sexual relationship with Haley and her son.
FN 8. Bargamian presumably filed a separate memorandum of costs, and Haley does not challenge it on appeal.
FN 9. All rule references are to the California Rules of Court. Current rule 3.1700 was numbered rule 870 at the relevant time, but the rule remains substantively unchanged. (See Historical Notes, 23 Pt. 1B West's Ann. Court Rules (2006 ed.) foll. rule 3.1700, p. 140.)


text:
Jesús Guridi Bidaola (Vitoria-Gasteiz, 25 september 1886 - Madrid, 7 april 1961) was een Spaans operacomponist en organist. Zijn bekendste werk is El caserío.

Levensloop
Guridi werd geboren als kind in een zeer muzikale familie, zijn grootvader N. Ledesma was ook organist en componist, werd zijn talent al vroeg ontdekt. Hij had een duidelijk talent voor de piano waarop hij zijn eigen werken speelde met een opmerkelijke vaardigheid, elegantie en flexibiliteit.

Hij ging studeren aan het Real Conservatorio Superior de Música de Madrid onder andere bij Valentín Arín (1854-1912) in harmonie. Van 1904 tot 1906 studeerde hij aan het Conservatorium te Bilbao onder andere bij José Sainz Basabe (1865-1948). Op zijn zestiende ontving hij een beurs waarmee hij twee jaar piano en orgel kon studeren aan de Schola Cantorium in Parijs bij G.M. Grovlez orgel, bij Abel Decaux (1869-1943) compositie, bij A. Sérieyx contrapunt en bij Vincent d'Indy fuga. Na deze studie ging hij naar Brussel om zich verder te bekwamen in het componeren bij Joseph Jongen (1873-1953). Hij bleef daar twee jaar en ging toen naar Keulen om te studeren bij Otto Neitzel (1852-1920).

Teruggekeerd in Bilbao werkte hij als organist in verscheidene kerken (Los Santos Juanes en Basilika del Señor Santiago), gaf orgelles en dirigeerde verschillende ensembles. Zijn orgelcomposities waren opmerkelijk en als organist was hij vermaard om zijn improvisatietalent. In 1911 werd hij dirigent van de Sociedad coral (koorvereniging) van Bilbao waarvoor hij veel werken schreef, zoals populaire Baskische liederen.
Van 1912 tot 1930 was hij professor in compositie en voor orgel aan het Conservatorio Vizcaíno de Música te Bilbao. Daarnaast was hij nog vanaf 1939 professor voor orgel aan het Real Conservatorio Superior de Música de Madrid. Vanaf 1956 was hij daar tevens directeur tot aan zijn dood in 1961.

In 1947 werd hij lid van de Real Academia de Bellas Artes San Fernando. In 1952 werd hij onderscheiden met de Gran Cruz de Alfonso X del Sabio en werd eveneens ereburger van zijn geboortestad Vitoria-Gasteiz. Sinds 1952 draagt het conservatorium te Vitoria-Gasteiz zijn naam. In 1957 werd hij ereburger van de stad Bilbao.

Hoewel hij zijn laatste jaren in Madrid doorbracht heeft hij zijn Baskische achtergrond nooit verloochend. Bij zijn overlijden stond hij bekend als dé componist van Baskenland.

Composities

Werken voor orkest
 1916 Una aventura de Don Quijote, symfonisch gedicht
 1941 Diez melodías vascas, een reeks korte orkeststukken - een uiting van diep nationalistische gevoelens, behorende tot zijn bekendste werken
 1946 Sinfonia Piranaica
 Andante Sostenuto - Allegro Molto Moderato - Poco Meno Mosso - Allegro Modera
 Presto Non Troppo - Andante Sostenuto
 Allegro Brioso
 1956 Homenaje a Walt Disney, voor piano en orkest
 Leyenda vasca
 Plenilunio - Espatadantza

Werken voor banda (harmonieorkest)
 1941 Diez melodías vascas, een reeks korte orkeststukken
 Narrativa
 Amorosa
 Religiosa
 Epitalamica
 De Ronda
 Amorosa
 De Ronda
 Danza
 Elegiaca
 Festiva
 Preludio tot de 2e acte uit de zarzuela "El caserío"

Muziektheater

Opera's

Zarzuela

Werken voor koor
 Goiko mendiyan
 Aldapeko
 Ni ez naiz zomorrua
 Boga boga
 Canta el gallo tempranero
 Eusko irudiak (Baskische scènes), voor koor en orkest

Vocale muziek
 Een verzameling van populaire Baskische liederen, waaronder zijn meesterwerk Asi cantan los chicos (1915)
 1943 Seis canciones castelanas
 No quiero tus avellanas
 Como quieres que adivine
 Allá arriba, en aquella montaña
 ¡Sereno!
 Llámale con el panuelo
 Mañanita de San Juan
 Canciones vascas
 Ala Baita
 Arantzazura
 Zorabiatua Naiz
 Alabatua

Kamermuziek
 1934 Cuarteto en sol majeur - (Strijkkwartet no. 1)
 1949 Cuarteto en la menor - (Strijkkwartet no. 2)
 Zeven stukken voor harp
 Viejo Zortzico
 Nere Maitea
 Aritz Adarean
 Ator, Ator mutil
 Agurea Zarkilun
 Garizuma Luzerik
 Zorabitatua Naiz

Werken voor orgel
 1906-1907 Fantasia para gran órgano
 1951 Escuela española de órgano
 Introducción
 Capriccio
 Cantinela
 Himno
 Improvisación
 Canción vasca
 Salida
 Interludio
 Plegaria
 Preludio
 Pastorela
 Villancico
 Glosa (Puer natus est)
 Extasis
 Fuga
 Adagio
 Ave Maria
 Ofertorio I
 Ofertorio II
 Toccata
 Variaciones sobre un tema vasco
 Preludio
 Fantasía
 Interludio
 Tríptico del Buen Pastor
 El rebaño
 La oveja perdida
 El buen pastor
 Misa a San Gabriel

Werken voor piano
 8 Apuntes, voor piano
 Amanecer
 Canción Vasca
 Danza Rústica
 Canto De Arriero
 Romanza
 Cortejo Funebre
 Rumor De Agua
 Marcha Humorística
 Cantos Populares Vascos
 Danzas Viejas
 Tamboreillo De Navidad
 Muerdago - Zortzico Del Dolor
 La Carrasquilla
 Lamento e imprecacion e Agar
 Tres piezas breves
 Vasconia
 Viejo Carillon
 Leyenda
 En El Chacoli - Tocata Festiva

Bibliografie

 Francisco Alia Miranda: Índice de Autores e Intepretes, in: La música en la radio: radio Ciudad Real EAJ 65 y sus discos de pizarra, Cuenca: Ediciones de la Universidad de Castilla-La Mancha, 2000, 378 p.,
 Celsa Alonso González: La canción lírica española en el siglo XIX, Madrid: Ediciones del ICCMU, [1998], 555 p.,
 Luis Iglesias de Souza: Compositores, in: El Teatro Lírico Español: Tomo I-Catálogo: A-E, 1991. 994 p./ Tomo II-Catálogo F-O / Tomo III-Catálogo O-Z / Tomo IV-Libretistas y compositores 1996. 742 p.; Coruña: Editorial Deportación Provincial, 1991-1996,
 Tomas Marco, Cola Franzen: Spanish music in the twentieth century, Cambridge, Mass: Harvard University Press, 1993, 261 p.
 Jacqueline Cockburn, Richard L. Stokes, Graham Johnson: The Spanish song companion, London: Victor Gollancz, 1992
 James L. Limbacher, H. Stephen Wright: Keeping score: film and television music, 1980-1988 (with additional coverage of 1921-1979), Metuchen, N.J.: Scarecrow Press, 1991. 928 p.,
 Roger Alier, Xosé Aviñoa: El libro de la zarzuela, Madrid: Ediciones Daimon, 1982,
 Linton Elzie Powell: A history of Spanish piano music, Bloomington, Indiana: Indiana University Press, 1980
 José María Ruiz Gallardón, Antonio Fernández-Cid: Cien Años de teatro musical en España 1875-1975, Madrid: Real Musical Editores, 1975, 610 p.,

Spaans componist
Spaans dirigent
Spaans organist
20e-eeuws componist
Spaans muziekpedagoog

redpajama_set_name: RedPajamaWikipedia


text:
Q: Reverse engineering a composer.json file based on existing project library? This is probably a pointless question but figured theres no harm in asking.
I have inherited a website which from what I can gather is using some Zend libraries and Doctrine... I think, excuse my ignorance as I'm not very clued up on the Zend framework.
In anycase I have been asked to update the numerous instances of depreacated code in among it. Which I thought would just have been within the application code so I could just update functions here and there etc etc.
It turns out most of the code needing updated is within the library folder which from what I can gather is all libraries which I would have thought would have been set up using composer but theres no mention of a composer.json file within the codebase.
So im now at a loss as I have a bunch of libraries that I have no idea how to update. Which brings me to my question, what would be the best way to attack this problem?
I was thinking if there was someway to reverse engineer a composer.json file based on the contents of the aforemetnioned library folder, that would be a good start as I could then use that as the basis for replacing the library folder with the updated libraries pulled in by composer but I have a feeling im probably clutching at straws.
To give some idea, this is the top level folder structure of the library folder:

Given the amount of subfolders within those listed and all the dependencies no doubt involved I would imagine manually updating them would be a nonstarter.
Would be interested to get thoughts on the best course of action here.

A: If I were in your spot I would create a composer.json and add try to add the libraries from the folder one by one and check if the app still works and fix dependencies one by one, I also see there is a vendor folder in there, that may have been the result of a composer.json which could be easily added in a new composer.json, but you will have to take the libraries one by one.

redpajama_set_name: RedPajamaStackExchange


Implementing Loss Functions is very important to machine learning algorithms because we can measure the error from the predicted outputs to the target values. Algorithms get optimized by evaluating outcomes depending on a specified loss function, and TensorFlow works in this way as well. We can think on Loss Functions telling us how good the predictions are compared to the expected values.
L2 squares the error increasing by a lot if error > 1 (outlier can cause this kind of error), so the model is very sensitive to variations, and, when it is used to optimize an algorithm, it adjusts the model to minimize the error.
For any small adjustments of a data point, the regression line will move only slightly (regression parameters are continuous functions of the data).
TensorFlow has a built-in implementation, called tf.nn.l2_loss(), which actually perform the half of the previous equation.
In order to show you how loss functions behave, we are going to plot the points before to perform the summatory.
If we compare L1 with L2, we can deduct that L1 is less sensitive to errors caused by outliers (because it doesn't square the error). So, if we need to ignore the effects of outliers, we could consider using L1 instead of L2, if it is important to consider outliers, then L2 is a better option.
One issue to be aware of is that the L1 is not smooth at the target and this can result in algorithms not converging well.
It is a smooth approximation to the Huber loss function. Huber loss is, as Wikipedia defines it, "a loss function used in robust regression, that is less sensitive to outliers in data than the squared error loss [LSE]". This loss function attempts to take the best of the L1 and L2 by being convex near the target and less steep for extreme values. The form depends on an extra parameter, delta, which dictates how steep it will be.
Let's plot this loss functions!
I have several outliers but they are not so important, which loss function should I use?
L1 Loss Function, but probably you will have problem to converge to the best solution, so consider low learning rate.
I have several outliers, they occur under circumstances that I should take in account. Which loss function should I use?
I have several outliers, I don't want them to affect my model and I need to converge to the best solution.
Use Pseudo-Hubber Loss Function, you need to take care of DELTA, a too big value as 5.0 could make the outliers affect your model again, and a too small value as 0.1 could make your model very slow to converge to solution.


text:
Horoscopes for Saturday, Jan. 10
Horoscopes Horoscopes for Saturday, Jan. 10 Check out this story on thetowntalk.com: http://www.thetowntalk.com/story/life/2015/01/10/horoscopes/21538087/
Louisiana Published 11:10 p.m. CT Jan. 9, 2015 | Updated 11:10 p.m. CT Jan. 9, 2015
Holiday Mathis(Photo: Courtesy)
(March 21-April 19). The good conversational habits you've developed through the years will help you now. This is why people like you and have such an easy feeling about hanging out with you.
(April 20-May 20). Huge projects have simple beginnings. You will find everything you need as you go, including the people who can help you find your way. So don't worry if you feel you are starting from nothing.
(May 21-June 21). Love is letting people be who they want to be instead of demanding that they be someone who satisfies you. You feel the most love for the person who seems to appreciate you just as you are.
(June 22-July 22). Your self-judgment is too harsh. Don't expect yourself to be exactly the person you want to be. The way you are is imperfectly perfect. Embrace your contradictions, and other people will, too.
(July 23-Aug. 22). There are complainers everywhere. The effective people don't waste time talking about what's not going right. They are too busy doing something to improve conditions.
(Aug. 23-Sept. 22). Social awkwardness is a blessing in disguise. If you aren't easily fitting in, create your own niche. What does the group need that you would like to provide? Give it some thought.
(Sept. 23-Oct. 23). Diversity makes life interesting, and you're not the least bit threatened by people who are very different from you. It will be refreshing to learn the intricacies of another person's lifestyle.
(Oct. 24-Nov. 21). Music will make life more enjoyable, but only if it's the music of your choosing. Listening to another person's choices will be irritating. Take control of your soundscape.
(Nov. 22-Dec. 21). Any change, even a positive one, brings uncertainty with it. You'll handle exciting developments with spiritual poise when you allow for a period of adjustment. Go easy.
(Dec. 22-Jan. 19). The muses will be with you all day. Use the inspiration to create something beautiful, useful, clever or necessary. Tonight, someone's quiet suggestion to you will have billboard-sign impact.
(Jan. 20-Feb. 18). You never show up to life expecting to have fun. You show up to be the fun. That's why the fun follows you wherever you go this weekend. You'll be especially charming amidst a small group of four or five friends.
(Feb. 19-March 20). You're at your best when you feel secure in the relationship that matters most to you. This relationship will have ups and downs, but right now it is solid — something to appreciate and celebrate!
(Jan. 10). Release the past. By this time next year, you'll have made a complete transformation. You'll negotiate a fantastic deal in the next seven weeks. February brings excitement to your love life. Cheery changes to your home happen in April. June begins a training that will go on in some form for years. Aquarius and Virgo people adore you. Your lucky numbers are: 41, 23, 49, 1 and 17.
Read or Share this story: http://www.thetowntalk.com/story/life/2015/01/10/horoscopes/21538087/

redpajama_set_name: RedPajamaCommonCrawl


text:
When A Female is a 'Tomboy' and Not Transgender
"I just wanted to check, the teacher said. 'Your child wants to be called a boy, right? Or is she a boy that wants to be called a girl? Which is it again?' I cocked my head. I am used to correcting strangers, who mistake my 7-year-old daughter for a boy 100 percent of the time…'She's a girl,' I said. The woman looked unconvinced. 'Really. She's a girl, and you can refer to her as a girl." L. Selin Davis, The New York Times
Tomboys
Excerpt: My Daughter Is Not Transgender. She's a Tomboy. By LISA S. DAVIS, The New York Times
"In fact, I love correcting them, making them reconsider their perceptions of what a girl looks like. But my daughter had been attending the after-school program where this woman taught for six months. Later, when I relayed this conversation to my daughter, she said, 'More girls should look like this so it's more popular so grown-ups won't be so confused.'
My daughter wears track pants and T-shirts. She has shaggy short hair (the look she requested from the hairdresser was Luke Skywalker in Episode IV). Most, but not all, of her friends are boys. She is sporty and strong, incredibly sweet, and a girl.
And yet she is asked by the pediatrician, by her teachers, by people who have known her for many years, if she feels like, or wants to be called, or wants to be, a boy.
In many ways, this is wonderful: It shows a much-needed sensitivity to gender nonconformity and transgender issues. It is considerate of adults to ask her — in the beginning. But when they continue to question her gender identity — and are skeptical of her response — the message they send is that a girl cannot look and act like her and still be a girl.
Scout a tomboy in the film To Kill A Mockingbird
Left alone, would boys really never wear pink? (That's rhetorical — pink was for decades considered a masculine color.) Would girls naturally reject Matchbox cars? Of course not, but if they show preferences for these things, we label them. Somehow, as we have broadened our awareness of and support for gender nonconformity, we've narrowed what we think a boy or a girl can look like and do.
The kids get it. But the grown-ups do not. While celebrating the diversity of sexual and gender identities, we also need to celebrate tomboys and other girls who fall outside the narrow confines of gender roles. Don't tell them that they're not girls.
Film star Katherine Hepburn usually dressed up tomboy style.
My daughter is happy with her body and comfortable with the way she looks, thousands of times happier and more comfortable than I am or ever have been. She is my hero. Or rather, my heroine."
Predictions: Analyzing headings and photos
Directions: Have students examine the titles of the post and of the actual article. After they examine the photos, ask students to create a list of words and ideas that they think might be related to this article.
KWL Chart
Directions: Have students create two KWL charts to list the information they already know about about the terms Tomboy and Transgender. Later in the Post- Reading segment of the lesson, students can fill in what they've learned about the topic.
K-W-L Chart from Creately.com
Directions: Students are to infer the meanings of the words in bold taken from the article. They may use a dictionary, thesaurus, and Word Map for assistance.
She relayed this conversation to her daughter.
Many grown-ups can be confused by her appearance.
This shows a much-needed sensitivity to gender nonconformity.
People are skeptical of her response.
Adults have increasingly eschewed millenniums-old gender roles.
Her look evolved with age.
I want trans kids to feel free and safe.
You are an awesome girl.
She identifies as a tomboy.
invariably people agree with her choice.
Let's be clear: If my___does begin to feel that the___ in her mind and the sex of her ___don't match, I will be supportive. I will ___puberty blockers and___ (more than I already have). I will listen to her and make ___accordingly, just as I did when she turned 3 and asked for a tie and a button-down shirt. Then she saw her father wear a(for once).
WORD LIST: blazer decisions, hormones, research, daughter, gender, body,
Grammar: Using Adjectives to describe pictures
Directions: Have students choose a picture from the article and write a descriptive paragraph using adjectives. Using Adjectives ESL Voices Grammar
Directions: Have students fill in the last column of the KWL chart if they used one in the pre-reading segment of this lesson.
"She is not gender nonconforming. She is gender role nonconforming. She does not fit into the mold that we adults — who have increasingly eschewed millenniums-old gender roles ourselves, as women work outside the home and men participate in the domestic sphere — still impose upon our children."
"The message I want to send my daughter is this: You are an awesome girl for not giving in to pressure to be and look a certain way. I want her to be proud to be a girl."
Category: Social Issues


Celebrate the documentary trailer release and join the film crew for an intimate conversation of what a young woman from East Baltimore discovers in a vulnerable 10-year journey of connecting to her city through mentorship, family and education.
JHU-MICA Film Centre on November 3rd from 4:30 – 6:00pm.
This is a free event. Spaces are limited, please RSVP.


A National Treasure is something, or someone, that unites citizens together around a unanimous common love.
Declare your love of the little citizen in your life as a great living National Treasure. The Great Seal of the United States is printed in green on the front of this blue tee, and the Archives Eagle logo is on the back. It is also available as a long-sleeved onesie for tiny tots and a long sleeved t-shirt for kids.
Just a few hours after the Declaration of Independence was adopted by the Continental Congress on July 4, 1776, the first committee to design a seal for the United States was appointed. After undergoing numerous changes, on June 20, 1782, the seal was officially adopted by the Continental Congress.


text:
"""
  A Main Window container for holding various subwindows related to the
  visualization and analysis of a dataset according to the approximate
  Morse-Smale complex.
"""

#For future compatibility with Python 3
from __future__ import division, print_function, absolute_import
#End compatibility block for Python 3

try:
  from PySide import QtCore as qtc
  from PySide import QtGui as qtw
except ImportError as e:
  from PySide2 import QtCore as qtc
  from PySide2 import QtWidgets as qtw

from sys import path

from AMSC.AMSC_Object import QAMSC_Object
from .BaseTopologicalView import BaseTopologicalView
from .TopologyMapView import TopologyMapView
from .SensitivityView import SensitivityView
from .FitnessView import FitnessView
from .ScatterView2D import ScatterView2D
from .ScatterView3D import ScatterView3D

import time
import sys
import functools
import re
import random
import numpy as np

class TopologyWindow(qtw.QMainWindow):
  """
      A Main Window container for holding various subwindows related to the
      visualization and analysis of a dataset according to the approximate
      Morse-Smale complex.
  """
  views = []
  closed = qtc.Signal(qtc.QObject)
  def __init__(self, X=None, Y=None, w=None, names=None, graph='beta skeleton',
               gradient='steepest', knn=-1, beta=1.0, normalization=None,
               debug=False, views=None):
    """ Initialization method that can optionally specify all of the parameters
        needed for building an underlying AMSC_Object to be used internally by
        this window and its child views.
        @ In, X, an m-by-n array of values specifying m n-dimensional samples
        @ In, Y, a m vector of values specifying the output responses
          corresponding to the m samples specified by X
        @ In, w, an optional m vector of values specifying the weights
          associated to each of the m samples used. Default of None means all
          points will be equally weighted
        @ In, names, an optional list of strings that specify the names to
          associate to the n input dimensions and 1 output dimension. Default of
          None means input variables will be x0,x1...,x(n-1) and the output will
          be y
        @ In, graph, an optional string specifying the type of neighborhood
          graph to use. Default is 'beta skeleton,' but other valid types are:
          'delaunay,' 'relaxed beta skeleton,' 'none', or 'approximate knn'
        @ In, gradient, an optional string specifying the type of gradient
          estimator to use. Currently the only available option is 'steepest'
        @ In, knn, an optional integer value specifying the maximum number of
          k-nearest neighbors used to begin a neighborhood search. In the case
          of graph='[relaxed] beta skeleton', we will begin with the specified
          approximate knn graph and prune edges that do not satisfy the empty
          region criteria.
        @ In, beta, an optional floating point value between 0 and 2. This
          value is only used when graph='[relaxed] beta skeleton' and specifies
          the radius for the empty region graph computation (1=Gabriel graph,
          2=Relative neighbor graph)
        @ In, normalization, an optional string specifying whether the
          inputs/output should be scaled before computing. Currently, two modes
          are supported 'zscore' and 'feature'. 'zscore' will ensure the data
          has a mean of zero and a standard deviation of 1 by subtracting the
          mean and dividing by the variance. 'feature' scales the data into the
          unit hypercube.
        @ In, debug, an optional boolean flag for whether debugging output
          should be enabled.
        @ In, views, list of strings, represents views to be added to this main
          window.  Valid values include a string representation of any of the
          subclasses of the BaseTopologicalView.
    """
    super(TopologyWindow,self).__init__()
    self.resize(800,600)
    self.setCentralWidget(None)
    self.setDockOptions(qtw.QMainWindow.AllowNestedDocks)
    self.debug = debug
    self.amsc = None

    if X is not None:
      self.BuildAMSC(X, Y, w, names, graph, gradient, knn, beta, normalization)
    else:
      self.BuildAMSC(None, None, None, None, None, None, None, None, None)

    self.fileMenu = self.menuBar().addMenu('File')
    self.optionsMenu = self.menuBar().addMenu('Options')
    self.viewMenu = self.menuBar().addMenu('View')
    newMenu = self.viewMenu.addMenu('New...')

    if views is not None:
      for view in views:
        self.addNewView(view)

    for subclass in BaseTopologicalView.__subclasses__():
      action = newMenu.addAction(subclass.__name__)
      action.triggered.connect(functools.partial(self.addNewView,action.text()))

    buildModels = self.optionsMenu.addAction('Build Local Models')
    buildModels.triggered.connect(self.buildModels)

  def test(self):
    """
        Method for testing this UI. It will generate one of each of the
        subclass views of the BaseTopologicalView and call each of the signaled
        events on each view.
        @ In, None
        @ Out, None
    """
    for viewClass in BaseTopologicalView.__subclasses__():
      self.addNewView(viewClass.__name__)

    ## Rebuild the AMSC after all of the views have been added
    self.BuildAMSC(self.amsc.X, self.amsc.Y, self.amsc.w, self.amsc.names,
                   self.amsc.graph, self.amsc.gradient, self.amsc.knn,
                   self.amsc.beta, self.amsc.normalization)

    self.buildModels()

    for view in self.views:
      view.dataChanged()
      view.filterChanged()
      view.selectionChanged()
      view.persistenceChanged()
      view.modelsChanged()
      view.weightsChanged()

      view.test()

    ## Reset the persistence level to the value used by our test case.
    ## Note, if we require multiple test cases, we could remember this state
    ## from before, but as this function should capture all of the functionality
    ## this is a low priority fix and might require persistent storage of this
    ## value on the object.
    self.amsc.Persistence(1.0)

  def BuildAMSC(self, X=None, Y=None, w=None, names=None, graph='beta skeleton',
                gradient='steepest', knn=-1, beta=1.0, normalization=None):
    """ Initialization method that can optionally specify all of the parameters
        needed for building an underlying AMSC_Object to be used internally by
        this window and its child views.
        @ In, X, an m-by-n array of values specifying m n-dimensional samples
        @ In, Y, a m vector of values specifying the output responses
          corresponding to the m samples specified by X
        @ In, w, an optional m vector of values specifying the weights
          associated to each of the m samples used. Default of None means all
          points will be equally weighted
        @ In, names, an optional list of strings that specify the names to
          associate to the n input dimensions and 1 output dimension. Default of
          None means input variables will be x0,x1...,x(n-1) and the output will
          be y
        @ In, graph, an optional string specifying the type of neighborhood
          graph to use. Default is 'beta skeleton,' but other valid types are:
          'delaunay,' 'relaxed beta skeleton,' 'none', or 'approximate knn'
        @ In, gradient, an optional string specifying the type of gradient
          estimator to use. Currently the only available option is 'steepest'
        @ In, knn, an optional integer value specifying the maximum number of
          k-nearest neighbors used to begin a neighborhood search. In the case
          of graph='[relaxed] beta skeleton', we will begin with the specified
          approximate knn graph and prune edges that do not satisfy the empty
          region criteria.
        @ In, beta, an optional floating point value between 0 and 2. This
          value is only used when graph='[relaxed] beta skeleton' and specifies
          the radius for the empty region graph computation (1=Gabriel graph,
          2=Relative neighbor graph)
        @ In, normalization, an optional string specifying whether the
          inputs/output should be scaled before computing. Currently, two modes
          are supported 'zscore' and 'feature'. 'zscore' will ensure the data
          has a mean of zero and a standard deviation of 1 by subtracting the
          mean and dividing by the variance. 'feature' scales the data into the
          unit hypercube.
        @ In, debug, an optional boolean flag for whether debugging output
          should be enabled.
    """
    if self.debug:
      start = time.clock()
      ## Disable non-message handler output for now.
      # sys.stderr.write('Building AMSC...\r')
      # sys.stderr.flush()
    if self.amsc is None:
      self.amsc = QAMSC_Object(X=X, Y=Y, w=w, names=names, graph=graph,
                              gradient=gradient, knn=knn, beta=beta,
                              normalization=normalization, debug=self.debug)
    else:
      self.amsc.Reinitialize(X=X, Y=Y, w=w, names=names, graph=graph,
                             gradient=gradient, knn=knn, beta=beta,
                             normalization=normalization, debug=self.debug)
    if self.debug:
      end = time.clock()
      # sys.stderr.write('Construction Time: %f s\n' % (end-start))

  def buildModels(self):
    """ Method to tell the underlying data object ot construct its local models,
        if they do not yet exist.
    """
    self.amsc.BuildModels()

  def createDockWidget(self,view):
    """ Method to create a new child dock widget of a specified type.
        @ In, view, an object belonging to a subclass of BaseTopologicalView
          that will be added to this window.
    """
    dockWidget = qtw.QDockWidget()
    dockWidget.setWindowTitle(view.windowTitle())

    if view.scrollable:
      scroller = qtw.QScrollArea()
      scroller.setWidget(view)
      scroller.setWidgetResizable(True)
      dockWidget.setWidget(scroller)
    else:
      dockWidget.setWidget(view)

    #Placement was arbitrarily selected
    self.addDockWidget(qtc.Qt.TopDockWidgetArea,dockWidget)

    self.viewMenu.addAction(dockWidget.toggleViewAction())

  def addNewView(self,viewType):
    """ Method to create a new child view which will be added as a dock widget
        and thus will call createDockWidget()
        @ In, viewType, a string specifying a subclass of BaseTopologicalView
          that will be added to this window.
    """
    defaultWidgetName = ''
    for subclass in BaseTopologicalView.__subclasses__():
      if subclass.__name__ == viewType:
        idx = 0
        for view in self.views:
          if isinstance(view,subclass):
            idx += 1

        defaultWidgetName = subclass.__name__.replace('View','')
        if idx > 0:
          defaultWidgetName += ' ' + str(idx)

        self.views.append(subclass(self,self.amsc,defaultWidgetName))
        view = self.views[-1]

        self.createDockWidget(view)
        self.amsc.sigPersistenceChanged.connect(view.persistenceChanged)
        self.amsc.sigSelectionChanged.connect(view.selectionChanged)
        self.amsc.sigFilterChanged.connect(view.filterChanged)
        self.amsc.sigDataChanged.connect(view.dataChanged)
        self.amsc.sigModelsChanged.connect(view.modelsChanged)
        self.amsc.sigWeightsChanged.connect(view.weightsChanged)

  def closeEvent(self,event):
    """ Event handler triggered when this window is closed.
        @ In, event, a QCloseEvent specifying the context of this event.
    """
    self.closed.emit(self)
    return super(TopologyWindow,self).closeEvent(event)

redpajama_set_name: RedPajamaGithub


text:
SHOOT for the Stars: Liverpool's Curtis Jones
Date:15th October 2018 at 5:50pm
Here at SHOOT we endeavour to keep a watchful eye over the emerging talents in world football and keep you in the know in terms of who you should be watching out for in the years to come.
Following last month's edition on Arsenal midfielder Emile Smith Rowe, this time we venture up north to focus on the bright future of Liverpool starlet Curtis Jones.
A player comfortable of playing anywhere across the middle of the park or just off the striker, Jones joined his local club at the age of eight and has caught the eye on his rise through the ranks.
The now 17-year-old impressed academy coaches at the Anfield club so much that he was fast tracked to the U18s, making his debut against Middlesbrough at the age of 15 in 2016.
Jones ended his first campaign at that level with five goals in 14 matches then, under the management of Reds legend Steven Gerrard – who he's been compared to – was top scorer with 18 from 29 in the 2017/18 season.
First-team chief Jurgen Klopp couldn't ignore the teenager's showings and, two months after penning his first professional deal, named Jones as a substitute for the Merseyside Derby against Everton.
Curtis Jones penning his first pro deal with then U18s boss, Steven Gerrard.
The German then included the homegrown talent in the squad for the pre-season tour of the USA. In the States, he showed both maturity and confidence in front of packed out stadiums against opposition such as Borussia Dortmund, Manchester City and Manchester United.
This term will be another one of development, playing for the U23s domestically, the u18s in the UEFA Youth League – which he helped Liverpool reach the quarter finals last term – and representing England at U18 level.
Due to the strength in depth the Anfield club boast, this season may come a bit too soon for the goalscoring midfielder to make his competitive first-team bow. But, if he continues to develop at his current rate, it won't be too long until you start hearing the name Curtis Jones a lot more.
The 2019 Shoot Annual is OUT NOW! Click here to buy your copy COPY.


Kubota has partnered with Cellutrak to protect Kubota owners and dealers against theft. Cellutrak is a military-grade, GPS fleet tracking and theft prevention software that provides real-time updates.
If you own a Kubota, then you know that there's a lot to love about it. These tractors, excavators, and wheel loaders receive a lot of attention because Kubota has built a name for itself on their commitment to quality, precision, and performance. Kubota's popularity and value has made them a popular choice in the construction and landscaping industry, and unfortunately, they have become a target for theft.
The Cellutrak Control software is a cost-effective theft prevention management tool that provides insights into the activity, performance, and location of all of your Kubota products.
You will even be immediately notified if your Cellutrak system is removed or tampered with.


text:
Soka Performing Arts Center postpones concerts…
Soka Performing Arts Center postpones concerts through late February
The Soka Performing Arts Center on the Soka University campus in Aliso Viejo has canceled all performances until Feb. 26 because of the prevalence of the omicron variant. (File photo by Sam Gangwer, Orange County Register/SCNG)
By Christopher Smith | Scarpia54@yahoo.com |
PUBLISHED: January 13, 2022 at 2:45 p.m. | UPDATED: January 13, 2022 at 2:46 p.m.
The Soka Performing Arts Center in Aliso Viejo has postponed three upcoming live performances in late January because of the prevalence of the omicon variant of the coronavirus. .
Hub New Music with special guest Kojiro Umezake on Jan. 22 has been postponed to a date to be announced. The Jan. 29 date for the Elvin Bishop & Charlie Musselwhite Duo and the Jan. 30 recital by pianist Stephen Kovacevich will take place on future dates in the 2022-2023 season.
"Soka University has made the decision to remain closed to the public, and in alignment with that decision, Soka Performing Arts Center is postponing our scheduled concerts until the end of February," General Manager and Artistic Director Renee Bodie said in a prepared statement.
The next event still scheduled at Soka will be the veteran band Los Lobos on Feb. 26.
Meanwhile, the online calendar for Musco Center for the Arts on the Chapman University campus in Orange is showing postponements of two upcoming performances, comedian John Leguizamo on Jan. 30 and the multi-discipline "The Just and the Blind" scheduled for Feb. 24. Both are now aimed for dates to be announced in the 2022-2023 season.
Smith writes about Travel and the Arts for several Southern California publications.
Scarpia54@yahoo.com
Follow Christopher Smith	@CP_Smith
More in Theater + Arts
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The science of bulking is based on the principle that you need to eat more calories than you burn. By going over and above your maintenance rations, you create a surplus which the body can then dedicate to synthesizing new mass (muscle and fat). For bulking to work, you have to ensure you take sufficient macronutrients to exceed your daily nutrient requirements. Macronutrients or macros for short comprise of protein, carbohydrates, fats and minerals. They are the components that your body needs in large amounts everyday for optimal physiological function.
IIFYM is a way of dieting that revolves around meeting those daily macronutrient targets without necessarily paying attention to how you get them. In other words, you can eat whatever you want as long as it helps you meet your macronutrient nutrients.
IIFYM bulking works. It is like an improved form of calorie counting since it aims at meeting what is truly necessary for your body. Calorie counting focuses on weight loss or weight gain, while IIFYM dieting ensures specific nutrient requirements are met on a daily basis.
Most people assume the flexibility of IIFYM offers them the freedom to eat junk. These processed foods are horribly deficient in micronutrients which you also need. Besides, their poor high glycemic indexes and their abundance of trans-fats make them very unhealthy.
Despite the relative flexibility that IIFYM bulking offers, you should ensure that your macros emanate from healthy sources only. There is a wide and tasty selection of complex carbohydrates, lean protein and healthy fats that you can choose from. This is not to say that you can't indulge yourself once in a while. As long as you can work whatever food you are craving into said macros once in a while, you can totally get away with it.
There isn't a one-fits-all meal plan for IIFYM bulking since daily allowances differ from person to person. To create one, determine what your daily macronutrient requirements are. For a regular lifter who expends 2700 calories daily, it could be something like 250g of protein, 400g of carbs and 80g of fat for a total of 3000 calories.


text:
Jörg Rosskopf (též Jörg Roßkopf; * 22. května 1969) je bývalý vynikající německý stolní tenista, který se po řadu let pohyboval v širší evropské i světové špičce.

Jednalo se o leváka s evropským držením pálky. Byl představitelem velmi agresívního útočného stylu, kdy namísto delších technických výměn hráč využívá zejména maximální tvrdost úderů a tzv. "hru na riziko".

Dosažené úspěchy
Rosskopfovým největším individuálním úspěchem je bronzová medaile z dvouhry na olympiádě v Atlantě z roku 1996, kde v dramatickém zápase o bronz porazil Petra Korbela, a vítězství ve Světovém poháru v roce 1998 v Šan-tchou.

Kromě toho je Rosskopf mistrem světa (1989), mistrem Evropy (1998) a stříbrným olympijským medailistou (1992 v Barceloně) ve čtyřhře mužů. Kariéru ukončil v roce 2010.

Externí odkazy

Němečtí stolní tenisté
Západoněmečtí stolní tenisté
Němečtí stříbrní olympijští medailisté
Němečtí bronzoví olympijští medailisté
Mistři světa ve stolním tenise
Mistři Evropy ve stolním tenise
Narození 22. května
Narození v roce 1969
Narození v Hesensku
Žijící lidé
Muži


I needn't remind you that 6 months on, Donald J. Trump continues to be President of the United States. Like the scientists said: The clock ticks. Global danger looms. And the Master of 3am Tweets has those nuclear codes.
Well, here we one year later at the end of January 2018, and bang on time (bad choice of words?)…The Bulletin of Atomic Scientists has handed down their latest edict on the state of the Doomsday Clock.
The year just past proved perilous and chaotic, a year in which many of the risks foreshadowed in our last Clock statement came into full relief. In 2017, we saw reckless language in the nuclear realm heat up already dangerous situations and re-learned that minimizing evidence-based assessments regarding climate and other global challenges does not lead to better public policies.
Although the Bulletin of the Atomic Scientists focuses on nuclear risk, climate change, and emerging technologies, the nuclear landscape takes center stage in this year's Clock statement. Major nuclear actors are on the cusp of a new arms race, one that will be very expensive and will increase the likelihood of accidents and misperceptions [sic] . Across the globe, nuclear weapons are poised to become more rather than less usable because of nations' investments in their nuclear arsenals. This is a concern that the Bulletin has been highlighting for some time, but momentum toward this new reality is increasing.
The Bulletin of the Atomic Scientists Science and Security Board believes the perilous world security situation just described would, in itself, justify moving the minute hand of the Doomsday Clock closer to midnight.
But there has also been a breakdown in the international order that has been dangerously exacerbated by recent US actions. In 2017, the United States backed away from its long-standing leadership role in the world, reducing its commitment to seek common ground and undermining the overall effort toward solving pressing global governance challenges. Neither allies nor adversaries have been able to reliably predict US actions—or understand when US pronouncements are real, and when they are mere rhetoric. International diplomacy has been reduced to name-calling, giving it a surreal sense of unreality that makes the world security situation ever more threatening.
Holy shitsnacks. So what time is it now…exactly?
Because of the extraordinary danger of the current moment, the Science and Security Board today moves the minute hand of the Doomsday Clock 30 seconds closer to catastrophe. It is now two minutes to midnight—the closest the Clock has ever been to Doomsday, and as close as it was in 1953, at the height of the Cold War.
#What they said. In the meantime, please enjoy this relaxing music.
Thanks, Dennis. Unfortunately I'm not too surprised.


text:
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What Are Common Research Models?
22 Nov What Are Common Research Models?
November 22, 2021 by tess
Science Simplified
What are common research models
Scientists use a range of different model organisms, including animal models, to investigate research questions. Using animal models is critical to learn about diseases such as SLC13A5 Epilepsy. Scientists use animal models because they allow us to learn things we cannot learn from other methods. They also allow scientists to test potential new treatments to understand if the treatment would work in humans. Each animal model has its strengths and weaknesses. How do scientists decide which one to use? This article will review some animal models that are commonly used in research and why scientists may choose one over the other.
What models can be used to identify new drugs to treat a disease?
If a researcher is trying to learn about new drugs (compounds) to treat a disease, they may have thousands of compounds to test. How do you begin to test all these different compounds? A researcher would have to sort through many different compounds in a short amount of time. This process is often referred to as drug screening. Researchers look for a few different characteristics when choosing a model for drug screening.
Key characteristics for models for drug screening:
Reproduce quickly
Shows some of the symptoms of the disease being investigated
Are easy to grow
Why are flies and worm models used for drug screening?
Some of the models that are useful for drug screening are fruit flies, also known as Drosophila melanogaster, and worms, also known as C. elegans. Even though they don't look like humans, these models are useful for investigating diseases. For example, did you know that there are flies that lack the SLC13A5 gene?
Researchers may use flies or worms for research because they are:
Fast to reproduce and mature
Low in cost to maintain as entire colonies
Models that have many genetic research tools available for studying them
Have less complex nervous systems (the connection of neurons throughout the body), but still have many underlying mechanisms and shared with humans
What models can be used to watch individual cells grow and develop?
Another common research question is: how do cells behave during a person's development? This is particularly important for diseases that start early in life, such as SLC13A5 Epilepsy. For example, how does a neuron develop and make connections with other neurons? (Check out our Science Simplified blog about neurons here) To investigate this kind of question, a researcher may use a model that:
Grows and matures quickly
Has tools available to label individual cells
Is amenable to live imaging, or the ability to take pictures or movies in a living organism
Scientists often use powerful microscopes to zoom in on individual cells and track how a cell moves and behaves over time. One model that is often used to watch cells develop over time is the zebrafish model.
Zebrafish are often used for research because they:
Are optically transparent during early development
Develop quickly
Produce many offspring at once—there can be hundreds of zebrafish embryos from one mating
Have many tools available to individually label cells
Absorb drugs that are added directly to the water they swim in—they can be used for drug screens
Have many genes that are similar to humans
What models can be used to learn how individual genes affect different parts of the body?
Sometimes researchers want to learn which parts of the body are directly affected by a specific gene (the body's recipe for making the proteins and factors you need to stay healthy). To answer this type of question, scientists often turn to rodent models, such as mice. Mice are one of the most common models. They share many similar genes to humans and are a common vertebrate model.
Part of why mice are helpful for scientific research is because of the robust genetic tools available for studying them. These tools allow researchers to delete specific genes from (1) the entire genome or (2) from specific cell types in the mice. Using these tools, a scientist could remove a specific gene from the entire genome. When a research model has a complete loss of a gene, this is called a global knockout. This is because scientists have knocked out, or removed, the gene from all cells. When genes are removed from certain cells or removed at a certain time of development, these are referred to as conditional knock out models or cKO.
These tools allow scientists to investigate the precise role of a gene in different cell types or at different times of the mouse's development. For example, we know that SLC13A5 is found in the brain and also the liver. With the genetic tools available, scientists can remove SLC13A5 from either the brain or the liver, and determine which one, or both, cause issues found in people with SLC13A5 Epilepsy.
Some of the challenges of using mouse models are:
Mice are much slower to grow than other models, such as flies, worms, or zebrafish
They also produce an average of ~8 offspring per mating
They develop in utero, limiting the ability to observe cells growing during early development
Sometimes scientists use rats as another rodent model because they have more complex behaviors than mice and share even more similarities to humans than mice. However, there are fewer research tools available for rat models.
What models are used to study SLC13A5 Epilepsy?
Let's take the gene responsible for SLC13A5 Epilepsy as an example. There are multiple animal models available to learn about SLC13A5 Epilepsy. Scientists can study this disease by looking at mice that completely lack the SLC13A5 gene. In a scientific paper, if the gene that was removed was SLC13A5, this may be written as SLC13A5-/- or SLC13A5 KO. Scientists have also developed tools to remove genes from specific cell types. For example, scientists could remove SLC13A5 only from brain cells but leave it intact elsewhere. In a scientific paper, this may be written at SLC13A5cKO. For SLC13A5, there is both a global knockout and a conditional knockout (cKO) that is used to study SLC13A5 Epilepsy.
Currently, there are flies that lack the SLC13A5 gene, a zebrafish model in development, and there is also a mouse model that completely lacks the SLC13A5 gene. These models are extremely helpful to improve our understanding of the role of SLC13A5 in the body and SLC13A5 Epilepsy. TESS Research Foundation is also working with scientists who are building additional models, so check back soon!
Which model should you use?
There are many different organism models used to address scientific questions, each with their own strengths and weaknesses. Sometimes the best model to use is a fruit fly, sometimes a worm, zebrafish, or a mouse. There are also other models used that we weren't able to discuss here. The best model to use depends on the scientific question that is asked and each model adds valuable insight to research. The most innovative science comes about by using each model to answer a different question and pooling all of the information together. Scientists keep making great discoveries using all of these different models.
This article was written by Tanya Brown, PhD. Thanks to Emily Hsu for her editing on all the Science Simplified blogs!
We want to hear from you! If you want to add to our list of topics for Science Simplified, please email Tanya Brown, PhD: tanya@tessfoundation.org.
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Always looking for teachable moments, life in the kitchen provides opportunities for so many lessons. As if you need any more reasons to get your kids in the kitchen, beyond the additional help and spending time together, there are so many educational benefits that cooking can support, always with a delicious reward at the end.
One of our favorite daily moments revolves around...FOOD. What other daily moment affords you the chance to take advantage of it THREE or more times every single day?


text:
Neighbourhood Watch Week in East Dorset
Tag It, Track It, Trace It! That's the message being given by Neighbourhood and Homewatch members. Too often police are unable to reunite stolen property…
Ringwood students re-live ancient history
History was brought to life for a group of New Forest students when they toured four of the UK's most ancient and important monuments.
Microchipping could save dogs' lives
Annette Brooke, MP for Mid Dorset and North Poole highlighted that over 8,000 dogs euthanised each year because their owner cannot be found could be…
New Forest Airfields on D-Day exhibition
The Friends of the New Forest Airfields will host an exhibition about The New Forest Airfields on D-Day on Saturday 14 June. On 6 June…
Community sows seed on earth bunds at Verity Park
Residents and community groups in Canford Heath have come together to help to sow seeds on the newly created soil embankments at Verity Park. The…
Poppy parade commemorates outbreak of World War 1
Two banks of poppies have bloomed on Stony Lane roundabout in Christchurch in commemoration of the centenary of the outbreak of World War 1. The…
West Moors Fun Day 2014
West Moors Fun Day Programme 2014
D-Day Remembrance on Poole Quay
The Mayor of Poole, Cllr Peter Adams, attended an Act of Remembrance and thanksgiving on Poole Quay on Friday, the 70th Anniversary of D-Day.
CashUnity £1,000 prize won by West Parley man
A ninety-one year old West Parley man is the latest winner of £1,000 in the mags4dorset CashUnity shop local prize draw. Mr William Revill entered…
Dorset prepares temporary traveller site
Work to prepare a temporary site so it can be used by gypsies and travellers in Dorset is being completed in the coming week. Dorset…
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When it comes to giving your images extra impact, Envato Elements has a wealth of actions to choose from. In this article, we cover 15 of our favourite for fashion photography. All of these actions are available for download as part of the Elements subscription.
This set of film-like effects is inspired by the beautiful style of Japanese photographer Masashi Wakui. Includes 12 actions, fully non-destructive and editable. Excellent for night and low-light shoots.
Use Tallgrass to create natural colour toning for environmental portrait, fashion and editorial photography. This action adds volume and depth, with a color shift to enhance greens. Comes with two versions: regular and lite.
For a look with a cinematic feel, this set of actions is a good choice. Includes ten actions, each non-destructive and adjustable.
Analog & Retro photoshop action from Envato Elements.
The Beauty Box action set can give your digital retouching and cosmetics workflow a big productivity boost. This collection includes loads of actions for skin and makeup: actions to do basic retouching, actions for colour correction, actions for shading and definition, brush paletes, shadow palettes, and special tools for lips and eyes. An essential collection for fashion portraitists.
What Beauty Box does for skin, Kolour Pro does for hair. All you need to work with hair is included in this collection, with 51 actions for everything from taming frizz to complete colour changes.
This preset collection is a different from the rest on this list. It's not a one-click style collection, but a set of basic adjustments and corrections that help save you time with your workflow, including colour, tone, contrast and detail. A very handy toolset. Use it in combination with a style preset below for maximum fashion workflow magic.
The matte look—slightly flat, slightly muted—works well for some fashion and editorial styles. This pack includes 20 presets to help you create a confident matte image, whether you work in studio or on-location.
A note about the next items and how to use them. Here are four sets of actions, each with two collections—so a lot of presets in total for each collection. Each set offers a different overall look, but enough flexibility to fit a variety styles.
The Editorial Collection, Vol. 1 and Vol. 2.
Two high-quality style preset collections from Presetworks for photographers after the editorial look. Clean, sharp, natural. 20 and 13 presets.
These preset sets from 2FX are also about the editorial look. Slightly heavier effects than the above collections, but not too heavy. 30 and 20 presets.
Zine Fashion from Presettrain takes a more expressive approach to fashion imagery. Also a good fit for portrait photography. 15 and 12 presets.
These packs from 2FX are designed to help you "to create a trendy and consistent imagery for your blog" and social media with minimal fuss. 20 presets each.
We hope you've enjoyed our selection of fashion actions and presets. If you try out any of the actions we've mentioned in this article, or there's anything in particular you'd like to see featured, we'd love to hear your thoughts and feedback in the comments below.


Landlords that operate a House of Multiple Occupants (HMO) must provide adequate emergency lighting to help occupants escape from the building in the event of a fire. The emergency lighting is turned on when a smoke alarm is activated and guides tenants to the stairs and out of the building to safety.
Estuary Technical Solutions can install your emergency lighting system and ensuring it works effectively when there is a loss of power or a failure of the lighting system. We will also make sure each light fitting in the emergency lighting system is operational and will remain so for three hours should they ever become isolated from mains electricity.
If the emergency lights do not work correctly this could result in injury or death for which the landlord would be liable and could potentially end up in criminal court facing very serious charges.
Estuary Technical Solutions can also carry out the testing and maintenance of an existing emergency lighting system and, if the system passes or following any remedial work required after the test, a certificate is issued noting the key readings recorded and the date and time of the test for the landlords records or for any interested third-parties such as insurers and mortgage lenders.