Seems the Legal Dogs are about to beDecember 29 2015 at 7:56 PM
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On the Run Again (Login Posi-67)
from IP address 22.214.171.124
unleashed. Which of course is of no real concern to anyone here but if you've ever posted anything not positive about a certain unnamed person your name may be on the hit list. PM me at email@example.com for details before selling your house and going into hiding.
Not to worry about Fender LizardNo score for this post
|December 30 2015, 5:21 AM |
...One of the important things he missed while attending that third tier toilet law skool he matriculated from is the basic principal in California defamation law that:
"[T]ruth is an absolute defense to defamation, including per se defamation. If the statement is true, it cannot be defamatory."
That fact will not serve him well.
Perhaps if he actually shares the "facts" of his meritricious "case" with the "family law" "criminal"and "trust" lawyers...at the teeny, tiny little firm whose name he is throwing around.... they will get him up to speed on the law. (Say..Wonder if they actually know about F.L.'s invocation of their firm's name? Hmmmm)
Ole F.L. should also become acquainted with the the concept of counter suit. And the sanctions that will fall on him should he actually find a law firm so incompetent that they would actually seek to bring a frivolous suit based on a foundation of his falsehoods (or, failing in that, should he attempt to file pro se...a very amusing prospect, that).
Here's a pertinent provision of applicable California law for F.L. to ponder:
California Code of Civil Procedure §128.7.
(c) If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.
(c)(1)....Absent exceptional circumstances, a law firm shall be held jointly responsible for violations committed by its partners, associates, and employees.
What that means is...that if F.L. brings a frivolous suit, he and his law firm would be liable for damages.
Speaking just for me, I have no real interest in acquiring any of the greasy used up F.E. junk that he purports to own. But that transfer of ownership could be in the offing.
Finally, F.L. should become familiar with the general fact that his own character traits will be at issue in any defamation suit that he brings (remember, truth is an absolute defense). Generally speaking a person making defamation accusation must have a reputation for "trustworthiness" or "truthfulness" pursuant to California Civil Code. So, if F.L. has ever lied (perish the thought!) in any of the rambling babble he posted (before banning) on the F.E. forum, those lies are relevant. Those semi-coherent, invective filled screeds themselves will be relevant at trial, too. As will all of the rage, insults and dare I say...defamation... that he filled those posts with. Based on the opinions (expressed by people who apparently know F.L. personally) I have read in the comments section of several news articles regarding F.L., he may have some issues there, too. I would imagine that some of the Long Beach folks who have expressed those unflattering appraisal's of F.L.'s character might just be called as witnesses at trial against him. Their personal experiences would, I imagine, be instructive to the court.
Long and short of it: Time for Fender Lizard to just go away and stop harassing folks with risibly written, back channel threats of law suits that can never and will never be brought.
|In hiding, under my bed|
Watchin' for the process server...No score for this post
|December 30 2015, 10:25 AM |
Good lord! I can't believe this crap is still going on. [Well, maybe I can knowing the person in question] Law suits now? On what grounds? So now he is going to further clutter up and waste the court's valuable time on our already overloaded legal system on what he, I'm sure, fantasizes as a landmark case that will make it all the way to the Supreme Court and no doubt will make Rowe V Wade pale in comparison. And what ambulance chasing law firm would actually take this on? After all even ambulance chasers have some pride. What I'd like to know is how is he[them] are going to serve court summons on all of us since they don't really know most of our names or where we live. And what about you fine folks that reside outside of this country, is he going to extradite all of you? Inquiring minds want to know.
The funniest thing is...No score for this post
|December 30 2015, 11:22 AM |
...of course, that Ole Fender Lizard claims to be suing folks for defamation (you know, alleging his "good name" has been sullied and all)...when he has never ever admitted or published what his name
Interesting concept, that.
And that is just one
of the many insurmountable obstacles that he faces if he thinks he can pursue some suit at law.
Like Bugs says...
With utmost respect to my learned friend...No score for this post
|January 1 2016, 6:57 PM |
California law won't really matter because the defendant in such a civil matter must be sued in a Court having jurisdiction over that defendant. In the instant case that Court is (just guessing, pos!)the Supreme Court of British Columbia. My wild guess is that it would cost maybe $50,000 to prosecute an action that would be summarily dismissed for the reasons expressed above.
|Not from California either...|
Yup, Diversity jurisdiction is also...No score for this post
|January 2 2016, 6:00 AM |
...one of the legion of problems that Fender Lizard would have to overcome. For sure. But even if he could find one of the folks he wanted to sue domiciled in California, his suit would still fail, for the reasons I mentioned.
And that would only be if he was able to get that oh so solid
law firm he's been threatening folks with to take his case. (I love their catchy motto, BTW: "We'll take care of you from the womb to the tomb" HA!)
If those actual lawyers (as opposed to, say, being a pro bono lawyer by training, what ever that means) evaluate Fender Lizard's case, I am quite sure that this event will immediately precede their filing of a suit on his behalf.
This must be the prestigious Law Firm of....No score for this post
|January 2 2016, 11:43 AM |
Dewey, Cheetum, and Howe, Esq.
He should be used to the taste of sour grapesNo score for this post
|January 2 2016, 3:16 PM |
He never really accomplished much in reality so in fantasy he has never had to deal with setback.
Back in reality he cant post his rambling self aggrandizing posts anymore and his little ego is shrinking away. The fact that he is turning back into a mere mortal among us meat jackets must be a repulsive thought to him. He dreams of the day he can climb back upon his throne and post dictation of a mad man while the throngs of hot rodders grovel at the feet of his greatness.
I think when he is bored of harassing active posters of the forum (of which he isnt but aspires to be) and he thinks his legacy is forgotten, he will pop up again somewhere else spouting his nitro fueled story telling. I think he is coherent enough to know his current ruse wont go over well on any current forums. Hence his butthurt email montage he sends to anyone with an email address in hopes or regaining his former glory days of history reinvention. As a banned member, he knows he would have zero credibility on any other forums (as if he had much before) so he cant just reappear on another forum without saving face. In his reality he doesnt think he did anything wrong so going to another forum he would just be rehashing and refighting the same ole fight and he knows that would preclude another ban.
His little raisin of an ego could not possibly take that.
So his email campaign of legal threats (shall I call it blackmail?) is his only hope of recapturing what he had.
Sorry Tom Marchese. Grab a broom and go back to sweeping floors your brother's place at his car collection he maintains for the real and authentically rich guy. Quit using the shops computer during your coffee breaks to send hate mail. The bathroom is out of paper towels and the trash needs to be emptied. Join a dating site and find someone to cut you off a piece of pie. One other suggestion, find a barber that only uses clippers and no scissors. That bed-head brillo pad mullet smeared in VO5 and Brylcream has got to go.
Reality is a jagged pill sometimes, swallow it and move on.
We know what Tom Marchese stands forNo score for this post
|January 2 2016, 6:18 PM |