Balboa Capital Gets Sued Quarterly Interim Rent
in California Class Action Lawsuit
By Tom McCurnin, Leasing News Legal Edition

“Those who cannot remember the past are condemned to repeat it.” 
George Santayana, Spanish philosopher, 1863. 

Eco Farms v Balboa Capital CV 18-01339 (2018).
Lawyer:  Deval R. Zaveri (619) 831-6988 dev@zaveritabb.com

Last year I wrote about a lessor’s practice of charging quarterly interim rent, not that this practice was wrong or illegal, but that the internal practice of intentionally delaying the commencement date for months to allow the charging of interim rent was wrong. A federal judge busted the practice in two citable decisions. The decision has returned to haunt Balboa, this time in the form of a very small truck finance case, but with some large ramifications, if a class action is certified. The facts follow. 

Eco Farms is a California farming concern in Temecula, California. In April 2017, it signed an equipment finance agreement for a truck with price of $114,000 with quarterly rent payments. The lease terms were twelve quarterly payments of $10,267. The lease contract had a commencement date which was blank. There is no provision in the documents as to when the lease would be commenced. How odd. 

The truck was delivered and funded by Balboa May 12, 2017. The parties signed a hold harmless agreement which allows Balboa the right to perpetually extend the commencement date if a D&A was not returned. The parties signed a Disbursement Authorization which, which acknowledges acceptance of the equipment and authorizes disbursement. This was signed June 12, 2017, and the date of the acceptance was left blank, but did contain a name for a verbal confirmation of acceptance. Why this was sent, signed and returned in June, after delivery and funding is a mystery to me. Anyone in leasing knows this lease was commenced May 12, 2017, or within days after that date. 

Balboa never “commenced” the lease (although funding and delivery occurred) and instead charged the Lessee for interim rent for over a year until June, 2018. Although the Complaint is not clear, Balboa may be relying on the cryptic D&A, which has no date of acceptance (but authorization for a verbal).  It is undisputed the truck had already been delivered and funded for a month. 

The Complaint alleges that Balboa ACH’ed over $46,000 in pre-commencement interim rent for over a year, claiming that the lease was never commenced. The Complaint also seeks relief via a class action and identifies three classes basically consisting of lessees whose leases were not “commenced” after funding and which paid quarterly interim rent without express consent. 

At this stage, to some, the Complaint may look a rinky-dink disgruntled lessee who was taken advantage of by Balboa’s quarterly interim rent scam. The Lessee has nominal damages. If this was a typical state court lawsuit, it wouldn’t warrant bringing out the “A” Team law firm and it could be easily handled by a strip mall lawyer. 

However, this is a class action, and the Lessee has retained a nationally recognized class action law firm. This could be serious problem for Balboa. 

Balboa defenses will likely include the parol evidence rule which limits testimony and allegations which contradict written terms. Balboa will also defend this matter based on the written terms, which if taken literally, allow Balboa to delay commencement of the lease perpetually. It is certainly one possible interpretation of the contract. Whether that interpretation is fair or represents an unfair business practice remains to be seen. Balboa will also defend this matter on the class allegations.  For a class action to survive, the treatment of the class members (in this case the lessees) must be nearly identical, called typicality in legal terms. Assuming the class members all had similar contracts and Balboa consistently delayed commencement, this class may be able to be certified. 

If no class action is certified, this case would revert to a rinky-dink disgruntled lessee case. 

This case has just been filed and is at the pleading stage. No answer or responsive pleading has been filed. This is an important, developing story. 

So what are the takeaways here? 

• First, Is Quarterly Interim Rent a Scam?  No, the provision is not a scam, but can be implemented as such, especially like in this case (and Shopko) (1) where the commencement of leases was unfairly delayed. I don’t understand how any business could think that policy was fair. Delivery, funding, acceptance, and commencement, while all separate events and dates, should normally be within days of each other. Apparently, Balboa takes the position that acceptance and commencement are within their control and thus can manipulate commencement to maximize interim rent, which is not credited to the lease balance. 

• Second, A Business Reputation is Important. I know when I worked for Bank of America, the Bank was quite conscious of its reputation and did not necessarily defend, prosecute or appeal every legal case. Allegations like these, if documented in a publically filed case can seriously affect a company’s reputation. Companies should stay away from publically filed litigation unless the stakes are high and the company policy is 100% correct and fair. 

• Third, People Who Can’t Remember History Are Doomed to Repeat It  So I get the Shopko decision—perhaps delaying commencement on a quarterly interim rent in that case was an aberrational policy of Don Hansen, an ex-employee of Balboa (now CEO of Regents Capital Corporation.) Certainly defending that policy in was expensive and resulted in two negative publically filed court decisions for Balboa, and forced a large six figure settlement  One would think that if a company got busted for this type of bad policy, it would not repeat that same bad policy  I guess I’m wrong. 

▪ Fourth, Most Leasing Companies Offload Their Leases After Commencement  My bet is that this lease was purchased by a lender after “commencement.” I’ll also bet that the assignment document to the lender will have some reps & warranties that this lease was in fact commenced. Therefore, Balboa may be in the awkward legal position of representing to its lender that the lease was commenced, but telling its borrower that the lease was not commenced. This could be a really fun moment in a deposition. 

• Fifth, Class Actions Are Super Expensive. If this class is certified (a big if), the class will easily be several thousand lessees stretching back four years. Balboa may be required to refund some or all of the interim rent between funding and commencement. This could be millions of dollars of payments to the lessees. Class actions typically require that the defendant pay the class lawyers their attorney fees, often with an enhancement, called a “loadstar” adjustment. This might a million dollars to the class counsel. If successful, this case could present a $2-3 million dollar loss to Balboa. 

The bottom line to this case is that history has repeated itself for Balboa, but this time with some very bad facts and some possible contradictory statements by Balboa. This case has the potential for a very large class action. This could be a real moneymaker for the lawyers and class members. Perhaps, if the case is successful, the class action lawyers may stop this practice for good.   

Class Action Complaint (37 pages)
http://leasingnews.org/PDF/ClassAction2018.pdf

Lease Exhibit 1   (2 pages)
http://leasingnews.org/PDF/LeaseExhibit2018.pdf

Hold Harmless Exhibit (2 pages)
http://leasingnews.org/PDF/HoldHarmless2018.pdf

Change Exhibit Addendum (1 page)
http://leasingnews.org/PDF/ChangeExhibit2018.pdf

1. Balboa Capital and Shopko Settle Their Much Litigated
   $1 Million Dollar Plus perhaps $300,000 Attorney Fee Case
   http://leasingnews.org/archives/Oct2017/10_25.htm#balboa

Tom McCurnin is a partner at Barton, Klugman & Oetting in Los Angeles, California.

 

Tom McCurnin
Barton, Klugman & Oetting
350 South Grand Ave.
Suite 2200
Los Angeles, CA 90071
Direct Phone: (213) 617-6129
Cell (213) 268-8291
Email: tmccurnin@bkolaw.com
Visit our web site at www.bkolaw.com

Previous Tom McCurnin Articles:
http://www.leasingnews.org

Previous Tom McCurnin Articles:
http://www.leasingnews.org/Conscious-Top%20Stories/leasing_cases.html

 

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#### Press Release ############################

North Mill Equipment Finance Acquired
By Leading Specialty Finance Investor

Norwalk, CT, North Mill Equipment Finance LLC (“North Mill”), a leading independent, small ticket, equipment finance company for essential-use commercial and industrial equipment, principally in the transportation, construction and manufacturing markets, today announced that it has been acquired by an affiliate of Wafra Capital Partners Inc. (“WCP”).

Michael Gontar, Chief Investment Officer at Wafra Capital Partners, Inc., said, “We are excited about WCP’s investment in North Mill and are committed to its future growth.,”

“North Mill possesses tremendous growth potential that, combined with the growth capital we are able to provide to their leading small ticket equipment finance platform, creates a compelling opportunity for our stakeholders and clients.”

David C. Lee, CEO of North Mill, said, “We are thrilled to be partnering with such an experienced and well capitalized partner like WCP, especially given WCP’s management team’s successful track record in building long term specialty finance companies for the past 20 years.

“WCP’s investment enables us to continue developing our innovative approach to the small ticket equipment finance market through enhancement of our technology, funding and marketing infrastructure to originate new business through our national network of third-party referral agents.”

David C. Lee, along with certain senior members of North Mill’s senior management team will be investors.

Bryant Park Capital LLC served as exclusive financial advisor to Colford Capital Holdings LLC, the seller of North Mill, in this transaction.

About WCP
WCP, a New York-based SEC-registered investment adviser, manages or advises funds and accounts that specialize in asset-based finance and real estate investments. WCP is an affiliate of Wafra Inc. (“WAFRA”). Founded in 1985, WAFRA is a New York-based SEC registered investment adviser, which is beneficially owned by the Public Institution for Social Security of Kuwait, an autonomous agency controlled by the State of Kuwait. Together, WCP, WAFRA and their affiliates have over $20 billion of commitments and assets under management. WCP’s senior leadership is comprised of the former employees in WAFRA’s Structured Finance and Business & Product Development divisions. WCP has significant experience with structured finance, venture debt, equipment leasing and finance, transportation finance, real estate debt, and other specialty finance transactions, and its team has been operating in these arenas since 1999.

About North Mill Equipment Finance
Headquartered in Norwalk, Connecticut, North Mill has a long history in the equipment finance industry as an originator and servicer of small ticket equipment leases and loans, ranging from $10,000 to $250,000 in value. For more information, visit www.nmef.com.

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New Hires/Promotions in the Leasing Business
and Related Industries

 

Kristina Dudits was hired as Vice President, National Equipment Finance, Norwalk, Connecticut.  She is based in the Greater New York City Area.  Previously she was Business Development Manager, The Coca-Cola Company (January, 2015 - May, 2018); Business Development Manager, URGE Mobile (April, 2014 - November, 2014); Business Development Manager, T-Mobile (August, 2009  - January, 2012); Location Manager, InTouch Communication Co. LTD (August, 2007 -August, 2009).Community Service: Volunteer: Fashion Show/Runway Model, Staten Strong/Always a Bridesmaid Boutique (January, 2013).  Fashion Show/Runway Model. Always a Bridesmaid Boutique/Jovani (July, 2012). Walker and Donator, Susan G. Komen for the Cure (October, 2011 - President).Education: John Jay College of Criminal Justice. Bachelor of Science (BS), Law & Society; Philosophy, 3.6 GPA.  University of Bridgeport, International Political Economic Diplomacy (2008 - 2009). https://www.linkedin.com/in/kdudits/

Elizabeth Foster was hired as Documentation Specialist, Dynamic Capital Equipment, Calgary, Canada.  Previously, she was Specialist, Search and Registration, ATB Finance (October, 2016 - August, 2018).  She joined Canadian Western Bank December, 2015, as Loan Administrator 1; promoted April, 2016, Credit Administrator. She joined Mercado Capital Corporation, June 201, as Leasing Administrator; promoted, September, 2011, Sales Support/Leasing Administrator. Prior, she was Receptionist, Aerotek (2010 - 2011); Customer Service Representative, GoodLife Fitness (2008 - 2010).  Education: SAIT, general Business Administration, Certificate of Achievement (2012 - 2015). SAIT, Hospitality Administration, Management (2010 - 2011). https://www.linkedin.com/in/efoster3/

Michelle Hines was promoted to Senior Private/Business Loan Underwriter, Wells Fargo Vendor Finance Services, Des Moines, Iowa.  She joined the firm May, 2006, as Credit Analyst; promoted May, 2010, Senior Private/Business Loan Underwriter. Previously, she was Commercial Credit Analyst, Regions Bank (May, 2004 - May, 2006). Mortgage Training Specialist/Loan Counselor, Principal Residential Mortgage, Inc. (August, 2000 - May, 2004).  Education: NorthWest Missouri State University, Master of Business Administration (M.B.A.) (1997 - 1999).  Northwest Missouri State University, Bachelor's Degree, Finance (1995 - 1997).  Southwestern Community College, Associate's Degree (1993 - 1995). https://www.linkedin.com/in/michelle-hines-6936473/

Jon Keller was hired as Senior Vice President of Sales, Fleet Advantage, Richmond, Virginia.  Previously, he was Director of Sales, Merchants Fleet Management (January 2014 - June, 2018); Vice President, Senior Account Manager, MasterCard, Worldwide, MasterCard (Responsible for service and support of Capital One Credit Card Operation (September, 2012 - December, 2013); Vice President, Sales, US, Donlen Corporation (March, 2009 - September, 2012); Vice President, National Sales, GE Capital (October, 1998 - March, 2009); Customer Service Representative, PHH Arval (1993 - 1996); Sales Representative Cloyes, Gear & Products (1990 - 1993).  Education: The Ohio State University, BA, Public Relations (1985 - 1990). Member of Delta Tau Delta Fraternity.  Lakewood High School. https://www.linkedin.com/in/jon-keller-703b6213/

Louis Sombat was hired as Senior Vice President, Legal Services, Operations and Asset Management, Sumitomo Mitsui Finance and Leasing Company, Limited, New York, New York. He is based in Atlanta, Georgia.  Previously he was Senior Vice President, Director of Operations, SunTrust Equipment Finance and Leasing Corp. (December, 2013 - June, 2015); Senior Vice President, Legal and Operations, Century Tokyo Leasing (USA), Inc. (January, 2006 - November, 2013); Vice President Fifth Third Leasing (October, 2004 - December, 2005); Manager Portfolio Investments, Key Equipment Finance (November, 1998 - October, 2004).  Education: John Marshall College of Law, JD, Corporate and Commercial Law, worked full time (1994).  Cleveland State University, BA, Accounting and Finance (1984). Member. Equipment Leasing and Finance Association. https://www.linkedin.com/in/louis-sombat-07b711b/ 

 

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Help Wanted

Byline Financial Group Bannockburn, Illinois Positions Open Customer Service Repesentative  Credit Administrator    Sales Coordinator (Click on position to learn more) bylinebank.com/byline-financial-group/ Byline Financial Group, a wholly-owned subsidiary of Byline Bank, Member FDIC

 

Leasing Funding Coordinator Los Angeles, California Visit: Recent Transactions Visit: Leasing Program Job Description www.dakotafinancial.com Asset-Based Direct Funding Source

 

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Marlin Business Services Corp.
Earnings Call Transcript 2nd Quarter, 2018

 

Jeff Hilzinger, President and CEO

"Excluding referral volume, total origination volume was $172.2 million for the quarter compared with $155.5 million last year resulting in a year-over-year increase of 11%... During the quarter, direct origination volume increased to $36.3 million compared with $23.6 million last year resulting in a year-over-year increase of 54%."
- Page 1

"During the second quarter, working capital loan origination volume increased by nearly 14% year-over-year to $16.8 million. Further, the performance of the working capital loan portfolio which rates $30 million at quarter end continues to exceed our expectations, delivering strong risk adjusted returns and contributing in a meaningful way to our overall profitability. We also remain pleased with our efforts to provide financing solutions directly to our end-user customers.

"A key aspect of Marlin 2.0 is leveraging our relationships with our end-user customers including our approximately 80,000 active small business customers and the 2,500 plus new customer relationships we originate each month."
- page 2

"While our cost of funds in the securitization was higher than our depository cost of funds, the transaction substantially improved our capital efficiency by releasing approximately $25 million of capital through a deeper advanced rate against the securitized assets. This will ultimately lead to higher returns on equity by allowing us to continue to grow and scale within our existing capital base.

"While we expect Marlin Business Bank to remain an important part of our future funding strategy, we also expect to be problematic issuer of asset-backed securities in the future as we use a mix of depository funding, wholesale funding, and capital markets activities to optimize our capital structure over time and across credit cycles."
- page 3

Taylor Kamp, Senior Vice President and CFO

"Referral volume of $5.6 million was up $1.4 million from the prior quarter, and down $6.7 million from the second quarter of 2017. This year-over-year decline was due to a decrease in the amount of Horizon Keystone referrals as we now have transitioned the majority of leases originated by Horizon to Marlin's balance sheet."
- Page 5

"Now, turning to our business outlook for 2018, total origination volume, including referral volume, is expected to finish approximately 15% to 20% above 2017 levels. Portfolio performance is expected to remain in line with the results observed over the last 12 months."
- Page 6

"One of the reasons I think that equipment finance is growing faster than working capital is because we selected higher credit quality customers during the quarter that we marketed to and I think the working capital loan product resonated less with them than the equipment finance product did and so we had a higher take-up rate in equipment finances than working capital."
- page 10

There was a question on page 7 from Chris York, JMP Securities (one of the two analysts invited that I don't think was answered completely by Jeff Hilzinger. I got the impression he knew more, and was ducking the answer. (Editor)

York:
"I'll begin on originations. Could you elaborate on the driver in the reduction in origination guidance? I'm a bit confused on the description. Does the description mean that you have let go some equipment finance sales employees, and are trying to fill the positions today?"

Jeff Hilzinger:
"No, Chris. We've used the term restructuring, and probably shouldn't have. It's more of a set of repositioning actions. So those are positions that were - we came open over the course of the year as a result of natural turnover. And lag and filling those positions was a conscious choice on our part, mostly because one of things that one of the teams is working on in terms of the repositioning actions within the sales force is identifying or clarifying exactly what the profile is that we want for candidates that we're recruiting. And it's part of an effort to create a more systematic approach to the way that we recruit and the way that we sell.

"And so while the teams were working on creating that new profile, it didn't make sense for us to recruit people before that was done because we might find ourselves having recruited people that didn't fit as well as if we had waited. So it was a conscious choice for us to just slow the recruitment until we had clarity around exactly what the profile was that we were trying to attract."

Transcript (12 pages)
https://seekingalpha.com/article/4194430-marlin-business-services-corp-mrln-ceo-jeff-hilzinger-q2-2018-results-earnings-call

 

 

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Request for Locations for CLFP Foundation
Academies for Leasing & Finance Professionals

The Academies for Leasing & Finance Professionals is a three-day event designed to fully prepare an individual to sit for the CLFP exam assuming the attendee has read and studied The Certified Lease & Finance Professionals’ Handbook prior to attending. http://www.clfpfoundation.org/alfp.php

The CLFP Foundation is planning to offer several Academies for Lease & Finance Professionals (ALFP) in 2019, but would like to hear from you as to where we should hold them.

Please go here for your suggestion of location: https://docs.google.com/forms/d/e/1FAIpQLSf0nxPPfT
qyGivY8iSnQMmibxetiJNCGvAC1Mp6IlPQY0n1Xg/viewform

If you are unable to open it on your work computer, please forward it to your personal email and access it via a mobile device.

If you would like to host an ALFP, or learn more about the host guidelines, please let us know: sandy@clfpfoundation.org

More information about Academy for Leasing & Finance Professionals
http://www.clfpfoundation.org/alfp.php 

 

 

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##### Press Release ############################

Treasury, IRS issue proposed regulations on new
100 percent depreciation deduction

The proposed regulations is now available in the Federal Register, implement several provisions included in the Tax Cuts and Jobs Act (TCJA).

The 100-percent depreciation deduction generally applies to depreciable business assets with a recovery period of 20 years or less and certain other property. Machinery, equipment, computers, appliances and furniture generally qualify.

The deduction is retroactive, applying to qualifying property acquired and placed in service after Sept. 27, 2017. The proposed regulations provide guidance on what property qualifies for the deduction and rules for qualified film, television, live theatrical productions and certain plants.

For details on claiming the deduction or electing out of claiming it, see the proposed regulations or the instructions to Form 4562, Depreciation and Amortization (Including Information on Listed Property).
Taxpayers who elect out of the 100-percent depreciation deduction must do so on a timely-filed return.

Those who have already filed their 2017 return and either did not claim the mandatory deduction on qualifying property, or did not elect out but still wish to do so, will need to file an amended return.
Treasury and IRS welcome public comment, and the proposed regulations provide details on how to submit comments.

For more information about this and other TCJA provisions, visit IRS.gov/taxreform

### Press Release ############################

 

Madrid is a peculiar place in August. Aside from the stifling heat, the traffic isn't too hectic; restaurants are either closed or distinctly emptier while tourist hotspots are unusually quieter. That sense of tranquility is due to the locals leaving the Spanish capital in order to find refuge from the scorching temperatures in the countryside and along the coast. Spanish workers have no problems leaving their jobs for weeks on end given that they have a statutory minimum of 22 paid vacation days, according to the OECD. They get 14 public holidays on top of that, meaning they get a grand total of 36 paid days leave annually. Many workers get even days depending on their company and position.

The situation in France is similar with motorways clogged with traffic every August as people flee the cities to start their summer holidays. French workers also get a minimum of 36 paid days off every year, of which 11 are public holidays and 25 are the statutory minimum. Elsewhere the vacation allowance falls in Asia's major economies with South Korean workers getting a minimum of 15 days and people in Japan getting a mere 10.

That's still far better than workers in the United States. While people in France and Spain spend weeks chilling at the beach, most Americans are more than likely still stuck at their desks. The U.S. remains the only advanced economy that doesn't guarantee paid vacation. Even though some companies are generous and provide their employees with up to 15 days of paid leave annually, almost one in four private sector workers does not receive any paid vacation, according to the Center for Economic and Policy Research.

By Niall McCarthy, Statista.com

https://www.statista.com/chart/15005/statutory-minimum-paid-leave-and-public-holidays/

 

 

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Fernando's View
By Fernando F. Croce

Comedy-action (“The Spy Who Dumped Me”) and a beguiling hybrid (“Good Manners”) make for an offbeat double-bill at the box-office, while DVD releases offer harrowing suspense (“Unsane”), ironic drama (“Golden Exits”), and a beloved classic fantasy (“A Matter of Life and Death”).

In theaters:

The Spy Who Dumped Me (Lionsgate): Effervescent comic chemistry buoys this spoof of secret agent thrillers, which mixes frantic jokes with cloak-and-dagger action. The intrigue kicks off as Audrey (Mila Kunis) gets fed up with her boyfriend Drew (Justin Theroux), who turns out to be an international spy with enemies on his tail. A storm of phone texts and a fantasy football trophy suddenly land her in his deadly field, with her best friend Morgan (Kate McKinnon) eagerly tagging along. Dropped into a world where nobody can be trusted, the two women have to find their way through a maelstrom of assassins and turncoats. Directed by Susanna Fogel, the film gets some frisky mileage out of playfully subverting the genre’s standard macho tropes, helped immensely by McKinnon’s offbeat comic inventiveness.

Good Manners (Distrib Films): Realism and fantasy clash beguilingly in this horror-fantasy from Brazilian filmmakers Juliana Rojas and Marco Dutra. It begins on a low-key note, as caretaker Clara (Isabel Zuaa) becomes friends with her boss, a strange, wealthy pregnant woman named Ana (Marjorie Estiano). Their friendship is complicated by revelations about Ana, including a certain lupine secret that tends to manifest itself in increasingly bloody ways. Just when you think you have it figured out, the movie keeps springing surprises, from sudden shifts of tone to flash-forwards to Ana’s teenage son Joel (Miguel Lobo). Juggling melodrama tropes and werewolf shocks and broad laughs, this genre mash-up (reminiscent of recent vampire favorite “Let the Right One In”) keeps the subtexts fresh and evocative even when it doesn’t fully gel. With subtitles.

Nextflix Tip: The screenwriter behind many of Akira Kurosawa’s great classics, Shinobu Hashimoto (1918-2018) left his mark in cinema with a series of acclaimed films. So check out Netflix for his best work, which includes “Rashomon” (1950), “Ikiru” (1952), “Seven Samurai” (1954), and “Throne of Blood” (1957)..

On DVD:

Unsane (20th-Century Fox): Barely slowing down since curtailing his self-imposed retirement, Oscar-winning director Steven Soderbergh (“Traffic”) tries his hand at the suspense-horror genre with this tense thriller, which he filmed entirely on an iPhone. Claire Foy gives a visceral, powerful performance as Sawyer, a young businesswoman whose psyche is unmoored by traumatic experiences with a stalker. Seeking help from a psychiatrist, she unwittingly gets herself committed to research facility, where she has startling brushes with other patients. Worse of all, Sawyer gradually discovers that the man who was terrorizing her, David (Joshua Leonard), has come aboard as one of the orderlies. But are all these dangers real, or could they be part of her troubled imagination? Crafting harrowing scenarios out of limited means, Soderbergh weaves an atmosphere of modern dread that packs a punch.

Golden Exits (Vertical Entertainment): One of the most unique voices in current indie cinema, writer-director Alex Ross Perry (“Listen Up Philip”) serves up another engrossing drama with this multi-character canvas of intimacy, unease and irony. Set in Brooklyn, the narrative centers on Naomi (Emily Browning), a young Australian whose arrival puts a strain on the relationship between her boss Nick (Adam Horovitz) and his wife Alyssa (Chloe Sevigny). Her presence also affects the lives of others, including an old friend named Buddy (Jason Schwartzman), who over the following months sees his own marriage turn unsettled. Somewhat reminiscent of Woody Allen’s most somber ensembles, Perry’s film weaves a complex and emotionally rich mosaic of loneliness and yearning. Others in the excellent cast include Mary Louise Parker and Analeigh Tipton.

A Matter of Life and Death (Criterion): A duo of cinematic wizards responsible for some of the medium’s most breathtaking flights of fancy, director Michael Powell and writer-producer Emeric Pressburger had one of their most beloved films with this marvelous British fantasy from 1946. David Niven stars as Peter Carter, a RAF pilot who, as his airplane goes down in flames, forges a connection over the airwaves with June (Kim Hunter), an American radio operator. Miraculously surviving the crash, he meets June in person and they fall in love. However, things get complicated when an envoy from the afterlife (Marius Goring) enters the picture to let Peter know that his survival was a mistake, and that he’s expected in Heaven. Mixing humor, cross-cultural connections and wondrous beauty, the film is a feast for cinephiles.

 

Spaniel Blend
Carlsbad, California  Adopt-a-Dog

Domino
Male
2 Years old
11 lbs.
Spayed
Not recommended for kinds
Up-to-Date with Routine Shots
House Trained.

“Is this guy CUTE or what? We already know the answer based on how many heads he turns when he’s out and about!

“Say hello to Domino, an almost 2 year old spaniel blend in an 11 pound package of PUPPY POWER! Energetic, playful, smart as a whip and eager to please, Dom’s a great student (who almost can’t wait for recess!). When his battery winds down, he’s as soft as a bunny and the sweetest lap-warmer you’ll find.

“Crate trained and mannerly, Dommie’s great at indoor play and entertaining himself with toys – so he doesn’t need a yard and would be fine in a smaller space or apartment as long as he gets daily walks, mental stimulation and playtime. For all of his youthful energy, Domino is actually a quiet guy. He’s sound sensitive and very responsive to vocal correction but rarely barks himself. Domino is house trained but can get a little leaky when excited. He loves lap time. Also on his list of likes: similarly sized, confident and patient dog friends who like to play although he’s absolutely fine as a solo act too.

“One of our best foster dads has been working with Domino to polish up his manners. He says that while Dom is “absurdly sweet and friendly,” he can also be insecure and fearful (thanks to a series of people in his past who pushed beyond his physical comfort level). He loves to meet new people and make friends but sometimes enthusiasm gets him into trouble if his person isn’t paying attention to his signals.

“And, as we said, he’s a great student, fast learner, and very food and praise motivated. We’d love to see his quick mind put to good use so if you’re into teaching tricks or agility, he’s more than willing! He’ll thrive in an adult home with parents who have at least moderate leadership skills and will encourage his calmer nature when engaging with others.

“What we love about Domino: He’ll wag his little nub with all of his heart if you so much as look his way. We think he’s a pretty awesome puppy so let us know if you’re that special someone he’s been waiting for!”

adoptions@waggingdog.org
Southern California only please

Application:
https://waggingdog.org/resources/adoption-application/

Wagging Dog Rescue
Box 130925
Carlsbad, CA 92013
info@waggingdog.org
310-853-0757

Adopt a Pet
http://www.adoptapet.com/

 

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YouTube AACFB Commercial Financing Expo
September 6-7, 2018 Dallas, Texas

Agenda:
http://community.aacfb.org/events/commercial-financing-expo/agenda
Sponsors:
http://community.aacfb.org/events/commercial-financing-expo/sponsors
Pricing:
http://community.aacfb.org/events/commercial-financing-expo/pricing

News Briefs----

OnDeck Reports Record Profit in 2Q,
  Eyes Second Bank Partnership
https://www.americanbanker.com/news/ondeck-reports-record-profit-in-2q-eyes-second-bank-partnership

Here's Why LendingClub Stock Is Falling Today
 Net loss of $60.9 million; more than double loss 2nd Q 2017
https://www.fool.com/investing/2018/08/08/heres-why-lendingclub-stock-is-falling-today.aspx

Federal deficit jumps 20 percent after tax cuts, spending bill
  White House estimates deficit surpassing $1 trillion in 2019
http://thehill.com/policy/finance/400876-federal-deficit-jumps-20-percent-after-tax-cuts-spending-bill       

Leasing Funding Coordinator Los Angeles, California Visit: Recent Transactions Visit: Leasing Program Job Description www.dakotafinancial.com Asset-Based Direct Funding Source

 

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You May Have Missed---

Why a Cap on Uber in New York Would be
   a Major Blow for the Ride-Hail Giant
https://www.nytimes.com/2018/08/08/nyregion/nyc-uber-cap-regulations.html

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 The Closer

"We need to have a talk about the door."
Her venom bared, she sheds her socks, her blouse,
her bra, her pants, then slithers off the floor
and into bed. Her eyes uncoil her spouse.

The hissing message piques his ears. His hair
is shocked erect. His paws are clenched. His back
is arched. He freezes, sizing up her stare,
then creeps up slowly, hungry for attack.

The closer takes the field, immersed in sweat,
the bases loaded, two outs, one-run lead,
the swarming air abuzz about the threat,
the prize so near desire transmutes to need.

He bends and grabs the rosin, throws it down,
then with a long, deep breath, ascends the mound.

   www.humbug.com

[headlines]
--------------------------------------------------------------

Sports Briefs---

Jimmy Garoppolo to start 49ers' preseason opener
https://www.pressdemocrat.com/sports/8612864-181/jimmy-garoppolo-to-start-49ers

LeBron James Will Make Return to Cleveland vs. Cavs in November
https://bleacherreport.com/articles/2790163-lakers-rumors-lebron-james-will-make-return-to-cleveland-vs-cavs-in-november

[headlines]
--------------------------------------------------------------

California Nuts Briefs---

Largest wildfire in CA history expected to burn until September
https://www.sfgate.com/california-wildfires/article/Largest-wildfire-in-CA-history-expected-to-burn-13140904.php

Evacuation orders lifted for Clear Lake communities
https://www.northbaybusinessjournal.com/northbay/lakecounty/8616348-181/mendocino-complex-fire-clear-lake-evacuation

Gump's filing for bankruptcy after 157 years
   in San Francisco's Union Square
https://abc7news.com/business/gumps-filing-for-bankruptcy-after-157-years-in-san-francisco/3895121/

Home affordability hits 10-year low in California.
https://www.sacbee.com/news/business/real-estate-news/article216308380.html

 

[headlines]
--------------------------------------------------------------

“Gimme that Wine”

http://www.youtube.com/watch?v=EJnQoi8DSE8

Will Europe Embrace Hybrid Wine Grapes?
https://www.winesandvines.com/news/article/201942/Will-Europe-Embrace-Hybrid-Wine-Grapes

ZD Wines Celebrates 50 Years of Family Winemaking
https://www.winebusiness.com/news/?go=getArticle&dataid=201973

French wine harvest to rebound in 2018, say officials
https://www.decanter.com/wine-news/french-wine-harvest-2018-outlook-398655/

Move Over Chardonnay: Is Picardan the Next Great White Wine?
https://www.thedailybeast.com/move-over-chardonnay-is-picardan-the-next-great-white-wine

Wine Prices by vintage
http://www.winezap.com
http://www.wine-searcher.com/

US/International Wine Events
http://www.localwineevents.com/

Leasing News Wine & Spirits Page
http://two.leasingnews.org/Recommendations/wnensprts.htm

This Day in History

       1610 - The First of three Anglo-Powhatan Wars started.  The Jamestown settlement was within the territory of the powerful chief known to the English as Chief Powhatan.  The Jamestown location was less than successful, because the conditions of this swampy area were far less than desirable, including: polluted water, insects that carried disease, and soon, the lack of food supply. Jamestown, and the other colonies to be established in the "New World" were dependent on natives for a successful settlement.  Capt. John Smith, a colonial leader, imagined that someday the natives would be doing all the work for the English, but Powhatan wanted Smith and the colonists to forsake the swamp and instead live in one of his satellite towns where they would make metal tools for him in exchange for full provision.   Relations between the two peoples began deteriorating again in late 1608, when the starving colonists began to strong-arm some supplies of corn from the natives, all suffering from a poor harvest.  Tired of waiting for a response from Powhatan, 70 men attacked, burning the houses and cutting down their cornfields. They killed 65 to 75, and captured one of the chief’s wives and her children. Returning downstream, the English threw the children overboard, and shot out "their Braynes in the water". The queen was put to the sword in Jamestown. The Paspahegh band never recovered from this attack, and abandoned their town.
    1639 - Jonas Bronck of Holland became the first European settler in the area now known as The Bronx and built a farm named "Emmanus" close to what today is the corner of Willis Avenue and 132nd Street in Mott Haven.  Bronck landed in New Amsterdam in 1638 and then sailed north.  The Bronx was called “Rananchqua” by the native Siwanoy band of Lenape (also known historically as the Delawares), while other Native Americans knew it as “Keskeskeck.”  He leased land from the Dutch West India Company on the neck of the mainland immediately north of the Dutch settlement in Haarlem (on Manhattan Island), and bought additional tracts from the local tribes. He eventually accumulated 500 acres between the Harlem and Aquahung Rivers, the latter becoming known as Bronck's River. Dutch and English settlers referred to the area as Bronck's Land. 
    1645 - Settlers in New Amsterdam gained peace with the Indians after conducting talks with the Mohawks.
    1673 - The Surrender of New York was demanded by a Dutch force of 23 ships and 1600 men anchored near Sandy Hook. They held possession of the colony until February 9, 1674, when the English regained control.
    1790 – Robert Gray's “Columbia Rediviva” returned to Boston Harbor after a three-year voyage. It was the first ship to carry the American flag around the world.
    1814 - General Andrew Jackson signed the Treaty of Fort Jackson, ending the Creek War. The US received 23 million acres. This vast territory encompassed more than half of present-day Alabama and part of southern Georgia.
    1842 - Before the US declared its independence, the annexation of Canada appeared to be one of the goals of the colonials at the time. The Webster-Ashburton Treaty signed this day was to end this “conflict.” The treaty delimiting the eastern section of the Canadian-American border was negotiated by the US Secretary of State, Daniel Webster, and Alexander Barin, president of the British Board of Trade. The treaty established the boundaries between the St. Croix and Connecticut rivers, between Lake Superior and the Lake of the Woods, and between Lakes Huron and Superior. The treaty was signed at Washington, DC.
    1854 - Henry David Thoreau publishes "Walden," an American classic and is his most famous work. There is controversy regarding his “lifestyle: about living in “nature,” but there is no debate he wrote a series of 18 essays, alleged on his two years spent close to nature. The book stresses simplicity and holds that happiness is not be had by pursuit of wealth. Descriptions of plants, bird, and animals are interspersed with reflections on life
http://memory.loc.gov/ammem/today/aug09.html
    1862 - In the Battle of Cedar Mountain, VA., near the Rappahannock River northwest of Richmond, Confederate troops under Gen. Stonewall Jackson, planning a move northward in advance of Gen. Lee's larger forces, defeated two full brigades of Union forces led by Gen. John Pope and Gen. N.P. Banks. Badly outnumbered, the Union Army suffered 2381 killed or wounded, the Confederates, 1276. Jackson was to continue his victories, seizing the Union arsenal at Harpers Ferry on September 15, and throughout the rest of the year, the Union took many loses, including the Battle of Fredericksburg on December 13 where 12,653 Union soldiers were killed or wounded to the Confederate casualties of 5300.
http://www2.cr.nps.gov/abpp/battles/va022.htm 
http://home.adelphia.net/~73rdovi/cedarmountain.html 
http://www.aphillcsa.com/index/print/CM.html 
http://www.americancivilwar.com/cwstats.html
    1877 - Having refused government demands that they move to a reservation, a small band of Nez Perce Indians clash with the U.S. Army near the Big Hole River in Montana. The conflict between the U.S. government and the Nez Perce was one of the most tragic of the many Indian wars of the 19th century. Beginning with the tribe's first contact with the explorers Meriwether Lewis and William Clark, the peaceful Nez Perce had befriended and cooperated with the Americans. Even when hordes of white settlers began to flood into their homelands along the Snake River (around the present-day intersection of the Oregon, Washington, and Idaho state borders), most of the Nez Perce peacefully moved to a reservation. However, about a quarter of the Nez Perce, most of them stockmen and buffalo hunters, refused to accept internment on a reservation. Government pressure to force these last resisters to comply finally led to the outbreak of the Nez Perce War of 1877. A small band of warriors, never more than 145 men, though burdened with about 500 noncombatants, fought U.S. soldiers at four major battles. The third battle of the Nez Perce War occurred on this day. Fleeing eastward with hopes of escaping to Canada, the Nez Perce made camp in the Big Hole Basin in present-day western Montana. At 3:30 a.m., Colonel John Gibbon attacked the sleeping Indians with a force of 183 men. Raking the Indian lodges with withering rifle fire, the soldiers initially seemed to be victorious. The Nez Perce, however, soon counterattacked from concealed positions in the surrounding hills. After four days of sporadic fighting, the Nez Perce withdrew. Both sides suffered serious casualties. The soldiers lost 29 men with 40 wounded. The army body count found 89 Nez Perce dead, mostly women and children. The battle dealt the Nez Perce a grave, though not fatal, blow. The remaining Indians were able to escape, and they headed northeast towards Canada. Two months later, on October 5, Colonel Nelson Miles decisively defeated the Nez Perce at the Battle of the Bear Paw Mountains. Those who were not killed surrendered and reluctantly agreed to return to the reservation. The Nez Perce were only 40 miles short of the Canadian border.
    1878 - The second most deadly tornado in New England history struck Wallingford, CT, killing 34 persons, injuring 100 others, and completely destroying thirty homes. The tornado started as a waterspout over a dam on the Quinnipiac River. It was 400 to 600 feet wide, and had a short path length of two miles.
    1882 - The long-simmering tension, dating to the end of the Civil War, between the two Appalachian families who lived by Tug Fork on the Kentucky-West Virginia border erupted into full-scale violence on Election Day, 1882. Brothers Tolbert, Pharmer and Randolph McCoy knifed and shot Ellison Hatfield. The Hatfield family captured the three McCoys. When Ellison Hatfield died on August 9, the Hatfields executed the brothers. The feud continued with much loss of life. In 1888, when Kentucky authorities sought to detain feud murder suspects and West Virginia authorities complained, the dispute went all the way to the US Supreme Court, who decided in Kentucky's favor. The feud sputtered out by the end of the century. It was estimated over 100 family members died.
    1892 - Thomas Alva Edison of Newark, NJ, filed a patent on the most practical two-way telegraph. It enabled two telegraph operators to send over one were simultaneously. Edison received many patents for many inventions and his biography is fascinating to read.
    1905 – Amanda Cobb, mistaking her husband for a burglar, shot him with a heavy gauge shotgun.  She was the mother of Ty Cobb.
    1916 - The first Japanese beetle appeared in Riverton, NJ. Its grubs were believed to have arrived in the roots of imported nursery stock.
    1925 – The only time a pinch-hitter was sent to bat for Babe Ruth, Bobby Veach flied out.
    1928 – NBA Hall of Famer Bob Cousy was born in NYC.  After an All-American career at Holy Cross, he was the point guard with the Boston Celtics from 1950 to 1963 and briefly with the Cincinnati Royals in the 1969–70 season. He led the league an unprecedented 8 straight years in assists, playing on six NBA championship teams, and 13 NBA All-Star Games in his 13 full NBA seasons.
    1929 - It was hardly a tell-tale sign of trouble, but on August 9, 1929, Wall Street got an inkling of the upcoming crash as the New York Bank raised the rediscount rate on loans to brokers a full point to 6 percent. The hike was precipitated by the unsettling news that brokers had racked up a record $6 million debt, the fourth time during August, 1929 that their loans had swelled to record levels. Still, bankers assured the business community that the move, which was the biggest raise to the rate since the close of World War I, wasn't cause for alarm. Soothing words aside, reports from the day note that the new rate did indeed catch Wall Street by surprise. The following day the DOW dropped 14.11 points to close at a month-long low of 337.99. Until that point, investors had been reveling in "Big Bull Market," a record-setting run which was well over a year old. As the DOW hit new highs, the stock market became a national pastime; the craze for playing the stocks spread from being the sole province of the big-city elite to a part of the daily life of small-town America. However, as the Reserve Bank's move to advance the interest rate oh-so-subtly suggested, the good times were based on speculation rather than solid financial practices. By November 1929, this quiet hint at a downturn in the market would look more like a prophetic warning call.
    1930 - Betty Boop debuts in Max Fleischer's animated cartoon “Dizzy Dishes.”
    1936 - Jesse Owens became the first American to win four medals in one Olympics. Owens ran one leg of the winning 400-meter relay team in Berlin. His three other gold medals were won in the 100-meter, 200-meter and the long jump events.
    1938 - Benny Goodman Orchestra, on a CBS Camel Caravan show from New York City, plays its first Eddie Sauter arrangement, “Bolero.”
    1941 - Baritone sax player/arranger/producer Willie Henderson birthday, Pensacola, FL.
http://allmusic.com/cg/amg.dll?p=amg&sql=Bmve097q7krdt
    1942 - Birthday of drummer Jack DeJohnette, Chicago, IL.
    1944 - LINDSEY, DARRELL R., (Air Mission) Medal of Honor
Rank and organization: Captain, U.S. Army Air Corps. Place and date: L'Isle Adam railroad bridge over the Seine in occupied France, 9 August 1944. Entered service at: Storm Lake, lowa. Birth: Jefferson, lowa. G.O. No.: 43, 30 May 1945. Citation: On 9 August 1944, Capt. Lindsey led a formation of 30 B-26 medium bombers in a hazardous mission to destroy the strategic enemy held L'lsle Adam railroad bridge over the Seine in occupied France. With most of the bridges over the Seine destroyed, the heavily fortified L'Isle Adam Bridge was of inestimable value to the enemy in moving troops, supplies, and equipment to Paris. Capt. Lindsey was fully aware of the fierce resistance that would be encountered. Shortly after reaching enemy territory the formation was buffeted with heavy and accurate antiaircraft fire. By skillful evasive action, Capt. Lindsey was able to elude much of the enemy flak, but just before entering the bombing run his B-26 was peppered with holes. During the bombing run the enemy fire was even more intense, and Capt. Lindsey's right engine received a direct hit and burst into flames. Despite the fact that his ship was hurled out of formation by the violence of the concussion, Capt. Lindsey brilliantly maneuvered back into the lead position without disrupting the flight. Fully aware that the gasoline tanks might explode at any moment, Capt. Lindsey gallantly elected to continue the perilous bombing run. With fire streaming from his right engine and his right wing half enveloped in flames, he led his formation over the target upon which the bombs were dropped with telling effect. Immediately after the objective was attacked, Capt. Lindsey gave the order for the crew to parachute from the doomed aircraft. With magnificent coolness and superb pilotage, and without regard for his own life, he held the swiftly descending airplane in a steady glide until the members of the crew could jump to safety. With the right wing completely enveloped in flames and an explosion of the gasoline tank imminent, Capt. Lindsey still remained unperturbed. The last man to leave the stricken plane was the bombardier, who offered to lower the wheels so that Capt. Lindsey might escape from the nose. Realizing that this might throw the aircraft into an uncontrollable spin and jeopardize the bombardier's chances to escape, Capt. Lindsey refused the offer. Immediately after the bombardier had bailed out, and before Capt. Lindsey was able to follow, the right gasoline tank exploded. The aircraft sheathed in fire, went into a steep dive and was seen to explode as it crashed. All who are living today from this plane owe their lives to the fact that Capt. Lindsey remained cool and showed supreme courage in this emergency. 
    1944 - Top Hits
“I'll Be Seeing You” - The Tommy Dorsey Orchestra (vocal: Frank Sinatra)
“Amor” - Bing Crosby
“Swinging on a Star” - Bing Crosby
“Is You is or is You Ain't (Ma' Baby)” - Louis Jordan
    1944 - The US Forest Service and the Wartime Advertising Council release posters featuring Smokey Bear for the first time.
    1945 - Three days after the atomic bombing of Hiroshima, an American B-29 bomber named Bock's Car left its base on Tinian Island carrying a plutonium bomb nicknamed “Fat Man.” Its target was the Japanese city of Kokura, but because of clouds and poor visibility the bomber headed for a secondary target, Nagasaki, where at 11:02 AM, local time, it dropped the bomb, killing an estimated 70,000 persons and destroying about half the city. Memorial services are held annually at Nagasaki and at Kokura, where those who were spared because of the bad weather also grieve for those at Nagasaki who suffered in their stead. On August 14, President Harry S. Truman announced the “unconditional” surrender of Japan. V-J Day was August 15. On August 30, General MacArthur landed in Japan with occupational forces. The formal document of surrender was signed on September 2 aboard the U.S.S. Missouri in Tokyo Bay.
    1947 - Birthday of Barbara Mason, Philadelphia, PA.  She is best known for her self-written 1965 Hit, "Yes, I’m Ready" (#5 pop, #2 R&B), a fetching soul-pop confection that spotlighted her girlish vocals and one of the first examples of the rhythmic but lush sound that came to be called Philly soul.
    1952 - Top Hits
“Walkin' My Baby Back Home” - Johnnie Ray
“Auf Wiedersehn, Sweetheart” - Vera Lynn
“I'm Yours” - Don Cornell
“Are You Teasing Me” - Carl Smith
    1958 - Billboard magazine changed the name of its weekly music chart from the Top 100 to the Hot 100, a name that will stick until 1996. Their first number one was "Poor Little Fool" by Ricky Nelson, his sixth hit record in the US.
    1959 - Lloyd Price's "Stagger Lee" hits #1
    1959 - Pioneer of the rap genre, Kurtis Blow, is born Kurtis Walker in Harlem, New York.
    1960 - Race riot in Jacksonville, FL.
    1960 - Top Hits
“Itsy Bitsy Teenie Weenie Yellow Polkadot Bikini” - Brian Hyland
“It's Now or Never” - Elvis Presley
“Image of a Girl” - Safaris
“Please Help Me, I'm Falling” - Hank Locklin
    1961 - James B Parsons is the first black appointed to the Federal District Court.
    1963 - Singer Whitney Houston (d. 2012) was born in Newark, NJ.  The daughter of singer Cissy Houston and cousin of Dionne Warwick. Her first seven solo singles go top five on Billboard's Hot 100. Houston is the only artist to chart seven consecutive No. 1 Billboard Hot 100 hits. She is the second artist behind Elton John and the only woman to have two number-one Billboard 200 Album awards (formerly "Top Pop Albums") on the Billboard magazine year-end charts.  She was also featured earlier on a Teddy Pendergrass single that failed to reach the top 40.  Her career is interrupted with a very poor marriage and addiction to drugs.  On February 11, 2012, Houston was found dead in her guest room at The Beverly Hilton.  The official coroner's report showed that she had accidentally drowned in the bathtub, with heart disease and cocaine use listed as contributing factors
    1963 - The BBC's Rock and Roll television show “Ready! Steady! Go!” makes its debut. The first episode featured The Searchers, Jet Harris, Pat Boone, Billy Fury and Brian Poole and the Tremeloes. The final show aired in December 1966 after 175 episodes.
    1965 - No. 1 Billboard Pop Hit: "I Got You Babe," Sonny & Cher. The song, which sells more than 1 million copies, is the duo's only No. 1 hit. A remake of the song by UB40 with Chrissie Hynde hits No. 28 in September 1985.
    1966 - LEE, HOWARD V., Medal of Honor
Rank and organization: Major, U.S. Marine Corps, Company E, 2d Battalion, 4th Marines, 3d Marine Division (Rein). place and date: Near Cam Lo, Republic of Vietnam, 8 and 9 August 1966. Entered service at: Dumfries, Va. Born: 1 August 1933, New York, N.Y. Citation: For conspicuous gallantry and intrepidity at the risk of his life above and beyond the call of duty. A platoon of Maj. (then Capt.) Lee's company, while on an operation deep in enemy territory, was attacked and surrounded by a large Vietnamese force. Realizing that the unit had suffered numerous casualties, depriving it of effective leadership, and fully aware that the platoon was even then under heavy attack by the enemy, Major Lee took 7 men and proceeded by helicopter to reinforce the beleaguered platoon. Maj. Lee disembarked from the helicopter with 2 of his men and, braving withering enemy fire, led them into the perimeter, where he fearlessly moved from position to position, directing and encouraging the overtaxed troops. The enemy then launched a massive attack with the full might of their forces. Although painfully wounded by fragments from an enemy grenade in several areas of his body, including his eye, Maj. Lee continued undauntedly throughout the night to direct the valiant defense, coordinate supporting fire, and apprise higher headquarters of the plight of the platoon. The next morning he collapsed from his wounds and was forced to relinquish command. However the small band of marines had held their position and repeatedly fought off many vicious enemy attacks for a grueling 6 hours until their evacuation was effected the following morning. Maj. Lee's actions saved his men from capture, minimized the loss of lives, and dealt the enemy a severe defeat. His indomitable fighting spirit, superb leadership, and great personal valor in the face of tremendous odds, reflect great credit upon himself and are in keeping with the highest traditions of the Marine Corps and the U.S. Naval Service. 
    1967 - Jerry Lee Lewis gets the crowd going into such a frenzy while performing at the Sunberry Jazz and Blues Festival in England, that festival officials halt his show and ask him to leave the stage.
    1967 – The only man ever to play in a Super Bowl and a World Series was born in Ft. Myers, FL.  Deion Sanders played primarily at cornerback in the NFL with several teams, winning the Super Bowl with both the 49ers and the Cowboys. An outfielder in baseball, he played for several teams and participated in the 1992 World Series with the Braves. 
    1968 - Top Hits
“Hello, I Love You” - The Doors
“Classical Gas” - Mason Williams
“Stoned Soul Picnic” - The 5th Dimension
“Folsom Prison Blues” - Johnny Cash
    1968 - Steppenwolf opened at the San Francisco Avalon Ballroom.
    1969 - A tornado hit Cincinnati, killing four persons and causing fifteen million dollars property damage. The tornado moved in a southeasterly direction at 40 to 50 mph.
    1969 - "Hot Fun in The Summertime," by Sly and the Family Stone, and "Easy to Be Hard," from the Broadway production "Hair," were released on this day. "Hot Fun" made it to number two on the music charts (10/18/69) and "Easy to Be Hard" climbed to number four (9/27/69).
    1969 - Cult leader Charles Manson and his disciples committed one of Los Angeles' most heinous crimes. They entered the home of movie director Roman Polanski and brutally murdered Polanski's pregnant wife, actress Sharon Tate, movie director Voityck Frykowski, famous hair stylist Jay Sebring, student Steven Parent and coffee heiress Abigail Folger.
   1969 - A tornado hit Cincinnati OH killing four persons and causing fifteen million dollars property damage. The tornado moved in a southeasterly direction at 40 to 50 mph.
    1971 - LeRoy “Satchel” Paige, one of baseball's pitching legends, was inducted into the Baseball Hall of Fame in Cooperstown, NY.
    1971 - The first airport baggage scanning system that converted electronic data to a visible X-ray format was the Pep-720 baggage X-ray system manufactured by Princeton Electronic Products, New Brunswick, NJ. The U.S. Army had it installed at the Army's Picatinny Arsenal
    1972 - Gilbert O'Sullivan receives a gold record for "Alone Again Naturally." It's Number One for six weeks in the summer.
    1974 - Richard Milhous Nixon resigned from the presidency of the US, which he first announced in a speech to the American people Thursday evening, August 8, and it became effective at noon. Nixon, under the threat of impeachment as a result of the Watergate scandal, became the first person to resign the presidency. He was succeeded by Vice-President Gerald Rudolph Ford, the first person to serve as vice-president and president without having been elected to either office. Ford granted Nixon “full, free and absolute pardon” on September 8, 1974. Although Nixon was the first US president to resign, two vice presidents had resigned earlier in history: John C. Calhoun, Dec. 8, 1932, and Spiro T. Agnew, October 10, 1973.   
    1975 - The Bee Gees' "Jive Talkin'" hits #1, their first of several Disco style hits in the US when "Jive Talkin’" topped the Billboard Hot 100. The inspiration for the song came to Barry Gibb as his car passed over a Florida bridge on the way to a recording studio. His wife said "Hey, listen to that noise. It's the same every evening. It's our drive talking."
    1976 - Top Hits
“Don't Go Breaking My Heart” - Elton John & Kiki Dee
“Let 'Em In” - Wings
“You Should Be Dancing” - Bee Gees
“Golden Ring” - George Jones & Tammy Wynette
    1978 - No. 1 Billboard Pop Hit: "Three Times a Lady," Commodores. Band member Lionel Richie was inspired to write the song at a 37th anniversary party for his parents.
    1981 – Major League baseball teams resumed play at the conclusion of the first mid-season players' strike. The first game on the schedule following the bitter strike was the All-Star Game. The National League won the game 5-4. 72,086 diehard baseball fans (a record) came out to see the game at Cleveland's cavernous Municipal Stadium -- and welcome the players back.
    1982 - Survivor's "Eye of the Tiger," which is the theme song for the hit movie "Rocky III," goes gold.
    1984 - Top Hits
“When Doves Cry” - Prince
“Ghostbusters” - Ray Parker Jr.
“State of Shock” - Jacksons
“Mama He's Crazy” - The Judds
    1987 - Florida baked in the summer heat. Nine cities reported record high temperatures for the date, including Jacksonville with a reading of 101 degrees. Miami reported a record high of 98 degrees.
    1987 - No. 1 Billboard Pop Hit: "I Still Haven't Found What I'm Looking For," U2. The album "The Joshua Tree" is U2's first top 10 album in the U.S.
    1988 - President Reagan nominated Lauro F. Cavazos to be Secretary of Education. Cavazos was the first Hispanic in U.S. history to be named to a cabinet position. On Sep 20, 1988, he was unanimously confirmed by the U.S. Senate. President George H.W. Bush asked him to continue as Secretary following the 1988 election and he remained in that position until resigning in December, 1990.
    1988 - After a postponement the night before, the first night game in Wrigley Field saw the Chicago Cubs defeat the New York Mets, 6-4.
    1989 - President George Herbert Walker Bush appointed Colin Luther Powell chairman of the Joint Chiefs of Staff. He became the first African-American appointed to this position. Powell, born in New York City in 1937, served from 1987 to 1989 as national security advisor to President Ronald Wilson Reagan. In 1989, he was promoted to four-star general, thus becoming the highest-ranking African-American officer up to that time. During his service as chairman, he oversaw the 1991 Gulf War military campaign. He resigned in 1993. He was appointed Secretary of State by President George Walker Bush in 2001.
    1989 - Top Hits
“Right Here Waiting” - Richard Marx
“On Our Own” (From "Ghostbusters II") - Bobby Brown
“Batdance” (From "Batman") - The Artist
“So Alive” - Love And Rockets
    1989 - Evening thunderstorms in Arizona deluged Yuma with record torrential rains for the second time in two weeks. The rainfall total of 5.25 inches at the Yuma Quartermaster Depot established a state 24-hour record, and was nearly double the normal annual rainfall. Some of the homes were left with four feet of water in them. Seventy-six cities in the south central and eastern U.S. reported record low temperatures for the date. Lake Charles, LA equaled their record for August with a low of 61 degrees. Canaan Valley, WV was the cold spot in the nation with a low of 32 degrees.
    1990 - The US Navy formed a naval blockade and all export of oil from Iraq and Kuwait was cut off. August 10, at a meeting in Cairo, 12 of the 21 member nations of the Arab League voted to support the UN and US Actions. It would not be until November 29, that the UN Security Council voted to authorize the US and allies to use force to expel Iraq from Kuwait, it its troops did not leave by January 15, 1991. by the end of 990, 580,000 Iraqi troops were believed to be in Kuwait or southern Iraq. Facing them were 485,000 troops of 17 allied countries, an armada of ships, carriers, jets based in Italy, Turkey, and many other surrounding countries, and guided missiles with video cameras to not only steer toward the target, but show viewers on home television everything up to impact.
    1994 - Top Hits
“Stay” (“I Missed You”) (From "Reality Bites") - Lisa Loeb
“I Swear” - All-4-One
“Fantastic Voyage” - Coolio
“Wild Night” - John Mellencamp With Me Shell Ndegeocello
    1995 - Grateful Dead singer, guitarist and spiritual leader Jerry Garcia dies of a heart attack while undergoing drug rehabilitation at Forrest Farm, Marin County. He was 53.
http://www-2.cs.cmu.edu/~mleone/dead.html
    1999 - Top Hits
“Genie In A Bottle” - Christina Aguilera
“Tell Me It’s Real” - K-Ci
“Bills, Bills, Bills” – Destiny’s Child
“All Star” - Smash Mouth
    1999 - “On a grand night for hitters, pitchers got slammed,” as AP sports writer Ronald Blum put it, “for the first time in 129 years of Major League baseball, five grand slams were hit in one day.” 1) Fernando Tatis (St. Louis Cardinals), 2) Jose Vidro (Montreal Expos), 3) Mike Lowell (Florida Marlins), 4) Bernie Williams (NY Yankees), 5) Jay Buhner of the Seattle Mariners, being the last to hit the slam, actually set the record. 
    2002 - Barry Bonds joins Babe Ruth, Willie Mays and Hank Aaron as the only players ever to hit 600 career home runs. The 38-year-old Giant left fielder hit the milestone homer in the sixth inning by lining a 2-1 pitch thrown by Pirates starter Kip Wells over the center field wall at Pacific Bell Park.
    2003 - Top Hits
“Crazy In Love” - Beyonce Featuring Jay-Z
“Right Thurr” - Chingy
“Never Leave You” - Uh Ooh, Uh Oooh!, Lumidee
“P.I.M.P.” - 50 Cent
    2004 - Terry Nichols was sentenced to 161 consecutive life sentences on state murder charges in the Oklahoma City bombing.
    2014 - Michael Brown, an 18-year-old African American male in Ferguson, MO, was shot and killed by a Ferguson police officer after reportedly assaulting the officer and attempting to steal his weapon, sparking protests and unrest in the city.  The next day, after a day of vigils, there were looting of businesses, vandalism of vehicles, and violent clashes between protestors and police.  On August 18, the Missouri National Guard arrived in Ferguson at the request of the Gov. Jay Nixon. On November 24, a grand jury decided that it would not indict Wilson in the shooting death of Brown.  Following the announcement of the grand jury's decision, there were peaceful protests as well as rioting.