Links to Cases & Litigants

So another “great” law firm goes to the wall, and it just happened.  Readers can see it for themselves in most of today’s newspapers. The NY Times goes into detail with the filed document.

This has been an opportunity for me to direct people to this site in their comments sections, to read of the experience of Lynn (Redgrave) and me at the hands of Finley Kumble, and the malpractice litigation back in 1987. Only one LA Times journalist gave us a fair shake of an interview, as I remember, reporting on how Lynn was “waiting for her day in court“.

Find it by going to the topics pane on the left, A SPACE FOR REFLECTION, and clicking on “House Calls“. Much will be learned from our real life experience. Forget the textbooks of legal theory, drowned in the smelly waters of good intentions.

Our friend Richard Fine, (ex-Esq.) sat in one of the worst jails, the Men’s Central jail in Los Angeles, alone and ignored for a year and a half.  He believed in a cause, the cause of honesty and fair dealing by the exalted arbiters – Judges – who hold sway on the lives and well-being of our citizens.

Continue Reading Richard Fine, Found Guilty of Moral Turpitude?

UPDATE Friday, January 14, 2011

Fine and his daughter Victoria need to get their act together.  If his 18 month coercive confinement in solitary is to have any meaning and a good result, we, his supporters, need to be kept informed. The latest information that I had was that he would be in court number 86 down at the Stanley Mosk courthouse at 9:30am, in front of Judge Ann Jones.  I went.  Nada. Nothing.

Continue Reading FINE FINALLY FREED!

Having watched with a certain morbid fascination the fiasco of Sarah Ferguson’s life, and her interview with wannabe prosecuting attorney Oprah Winfrey (Barbara Walters’s usual turf, but she’s OOA), I have this very American advice to give her:

Sue for performance of what was a contract, for the full amount of 500,000 pounds which translates to about 730,000 dollars, plus punitive damages for a variety of reasons. Attorneys will line up for the opportunity to represent Fergie, just for the exposure, or at worst on a contingency basis. This will get her off the hook financially, and avoid her impending bankruptcy.  British courts are lenient towards defendants in libel, slander and defamation cases, especially where it concerns Britain’s gutter press. Or the suit could be pressed in a New York court, for the first meeting was in a NY hotel.

It is clear that a contract was made, and passes the meeting of the minds test. That the businessman was a reporter playing a role is his problem.  And there’s money to be collected, the News of the World is very rich.

(As an aside, it’s Interesting how Brits are willing to sit down and speak for themselves, while Americans such as Oprah will cover themselves with a thick layer of attorneys, and never, ever, speak up, except when forced to under oath in a courtroom because their lying attorneys failed in their usual ploy of keeping their client off the stand.  Does this make Americans better people?  I wonder.)

It’s my birthday today, which reminds me of another birthday, spent in jail. There was some interest from the press at the time, and I consented to be interviewed.

It was with the respected Los Angeles Times. What they did to me gives the best example of why the press is not to be trusted, if they have an agenda, which they usually do.  It set the tone for me up until the present time.  With Nightingale, Lynn Redgrave seeks to continue the spin. And she doesn’t grant interviews, a normal process in the promotion of a play.  What the lawyers did, some might say was foster criminal fraud behavior, covered up by the courts and the L.A. Times.  So read this, and let’s not hear any more of the nonsense in critics’ reviews:

 

AUGUST 1, 2009
I feel bad that here it is, over 2 years since the previous entry on the subject. The reasons are 2-fold:
1. I have had an extended health problem, heart attack, atrial fibrilation, pace-maker, and the side effects of powerful medication to keep the blood flowing and the ticker ticking. And ever-present feelings of depression and failure, due to the lack of closure on my past marriages (only 2) and connected relationships, which others sort to benefit from, and did but really didn’t, and the weird action of the real estate and stock market. I began to feel like the victim in a Priestley play.
2. On the bright side, I couldn’t get justice then, given the players and tools which they used to such unfair advantage. Enforced patience took place, and behold, a whole new ball game is in play. The old actors are retired out of the picture, dead, gone, or disabled, and a new President is throwing in the air all the old precepts and practises, and we are watching where the pieces are falling. Many people don’t like it, don’t like it at all.
Me, I say give it a chance; the government is now getting into private enterprise, becoming the agency of last resort. Bleeding but leading. Making many entrepeneurs uncomfortable for good reason, claiming traditional first rights to that turf. But I don’t think what he’s doing should be confused with what many are calling creeping Socialism. That word, as I intimately knew it, meant Nationalisation British style after the 2nd World War. He’s no Clement Atlee, or Harold Wilson, and it goes without saying that industries will be able to buy themselves back when they clean up their act.
In this country, there are certain flagship enterprises that should not be allowed to fail, notwithstanding the incompetency of their operators. The Auto industry comes to mind, as does the Defense industry, the Aircraft industry, and the Airline industry (Pan Am, where are you, they saved Lockheed, didn’t they?) The Banking industry? Well, they were not just incompetent, they were to say the least, dishonest and corrupt in ways we’ll never know. Why? Because of the Regulatory industry, possibly partners in crime. And because of the Judicial industry, which is where I come in.
The Web has changed the conditions of blogging very swiftly, giving the public access to information in ways that make my efforts look like snail mail vs. email. Moreover, many old links have become dead links. Most newspapers are expecting us to pay for archived information.. What we need now is the original publishing entrepeneur, Benjamin Franklin. He’d have found a way. The L.A. Times? Bye Bye.
But Information, and transparency, is the most urgent need now, and from now on, I am going to pass along links and sites that ought to get the public interested and involved. I do believe that there is a groundswell of discontent in the land that in past years would have led to the thunder of revolution, rebellion, or civil war. Can’t do that any more. Check your History channel.
The upholding of the Constitution (the pursuit of… remember?) under Government Guarantees is soon upon us. Voices are being heard, and they should, must, be listened to. Enough from those who would say “let it pass. Get on with your life. It’s over now. Trust justice to take care of us. Everyone deserves what they get. Look in the mirror.” Well, I do. It’s my mirror, not yours, and I like what I see.
So, I give you links that may open your eyes, and get you involved. Let’s start with a lady who writes with clarity, flair, and elegance. I’m looking forward to meeting her.
Melinda Pillsbury-Foster (great name, grand-daughter of the famous photographer Arthur Pillsbury.) She advocates the return of Common Law Courts, the way it started back when. When judges were elected by you and me, and did not need to be trained liars, sorry, lawyers. It’s about returning the power to the people. She wrote this over a year ago. How to form Common Law Courts
MAY 18, 2007
This endless search is in grave peril in California.
We got a rare glimpse of what goes on, reading about yesterday’s celebrity-lawyer-filled training session held for Loyola law students in their legal lab. The program is named for Judge Larry Fidler who attended, and is otherwise currently presiding in the Phil Spector trial. In the interests of letting a little light into a tangled web of tactical deceit and see how it’s practiced, and at the cost of bestowing free publicity, let’s try to examine these much admired industry players; Gods, heroes, necessary evils or pond lives, depending on your courtroom experiences (if any) with them:
The celebrity attorney mentors of this new crop of law students included Paris Hilton‘s drunk driving specialist Richard Hutton. Then there was Thomas Mesereau Jr. who stood up for Michael Jackson in his famous molestaton case; Mark Geragos, who repped Scott Peterson and Gary Condit and Susan McDougal and Winona Ryder.
Harland Braun, who (for a while) worked for actor Robert Blake and director John Landis, and for a police officer accused of beating Rodney King, and at present Lane Garrison. Prosecutors included John Hueston who worked for the team against the Enron corp. Included too was K.C. Maxwell (a female), a rep for I. Lewis “Scooter” Libby, and Richard Gabriel, a jury consultant in many high-profile trials. Oft-quoted Loyola Law School professors Laurie Levenson and Stanley Goldman were also on hand to throw in a few cent’s worth of observation.
I am unaware of any pro se’s being invited to sit in.
Braun made a stunning pronouncement. He said that as a general rule, it is better to keep your client off the stand and away from questions, for fear the truth might come out and destroy all the damage a skillful attorney may have done to the prosecution’s case.
So it’s now out in the open; we learn that TRUTH is not concomitant with JUSTICE!
Would that a few members of the public, prospective jurors and self-representing pro pers had been present to keep them honest with a few hard questions for the benefit of the students. But of course, they would not have been allowed in to monitor this clubby conference of celebrity’s highest paid beauts.
They might have been able to point out that ordinary middle-class members of the public would probably face bankruptcy were they to become clients and put themselves entirely in the hands of lawyers, none of whom are required to disclose their huge fees. But perhaps that is part of the attraction of a career in U.S. civil and criminal law.
READ ALL ABOUT IT!
It goes without saying that a defendant has the right to expect a judge will keep all the participants straight and in line when they are under his eye. But will it happen? I could not help hearing the ringing of a bell and recalling my own experience when I observed the mentoring of a bunch of Loyola law students by the judge presiding at my wife’s divorce trial against me. Actually in the courtroom, and it led to my pressing a 170.1 disqualification motion against Judge Arnold Gold (which was disallowed and failed – by him, of course.) Here’s how I did it:
My Motion to Disqualify

I don’t know Mr. Marciano, never met him, and I don’t wear Guess jeans.  I also have no interest (yet) in his run for governor of California.  So why do I bring him up here?

Because, folks, what he’s doing will be of enormous help to pro pers and pro ses everywhere, so pay attention.

He was in, and because of the heavy-handed actions of another gorilla judge in Los Angeles Superior Court, is now out, of a lawsuit, and it’s costing him a default judgment of millions of dollars which includes punitive damages. And by the way, I have no feelings about the merits of the case he got involved with one way or another, because it hasn’t come to trial, and I can’t examine it.

Unlike most self-represented defendants, he is a multi-millionaire (he and his brothers founded Guess? Jeans), so he uses powerful lawyers who smell his money and will work hard for him (maybe). Here’s what I know:

1. He is Jewish, not a wannabe jew like me, and like Madoff, not afraid to attack other jews. By that I mean that Madoff treated everyone as equals.

2. He is not a celebrity, so the celebrity factor is absent.

3. When he writes to Governor Schwartzenegger, he gets a reply, unlike me who was ignored.

4. Judge White will not dare send him to the Twin Towers to prevent him showing up for his court date, unlike what Gold did to me. On my birthday, too. Judicial abuse. Elder abuse. Terrorism run amok in Family Court, tolerated by the authorities. Unless you’re profiled as part of a socio-economic minority.

5. I couldn’t afford to sue Judge Arnold Gold. My lawyers took all my cash (over $600,000), and Gold evicted me from my mortgage free home to raise more cash which he then gave to the other side’s lawyers. He left me with less than three thousand dollars as my community property share of the proceeds, after looting my family’s inheritance. Read all about it on this site.

My life is too short, and besides, he already gave me a heart attack. And as a pro se, I would have continued to be treated with contempt by the American justice system, the media, and the L.A. Times.  I would have been thrown out of court, possibly to spend what’s left of my life on the sidewalk.

Marciano is suing judge Elizabeth White in Federal Court, and also accusing California Supreme Court Justice Ronald George of ignoring Constitutional guarantees. Ron George must be taking notice, and getting a little nervous, especially as Marciano hired Ron George’s son as his lawyer. Brilliant move. Hope it doesn’t backfire at the California Supreme Court level, George would have to recuse himself. Too obvious a conflict of interest.  Same goes for the Judicial Council, who oversee the ethics of not yet "retired" judges.  Stay tuned for this, could be a lot of fun.

So, read all about his Constitutional case on Marciano’s website.  It’s full of really useful information. Put it in your Favorites folder.  And remember, he’s paying millions to his lawyers, and the other side’s lawyers.  It won’t cost us a cent! We’ll be intellectual piggy-backers!

We applaud what he’s doing, and we support his cause. Let him know that we do, he supplies his personal contact numbers.  Let’s hope he’s successful with his appeals, reverses judge Elizabeth White, and gets into court so his case can be heard.  And if he’s still up for Governor, we might even vote for him. For sure he’d check new judge applications closely for their mental health, job suitability, and worthiness to be paid out of our tax dollars.

GEORGES MARCIANO

Filed paperwork

I have one message for Mr. Marciano. THIS IS RIVETING.  GO FOR IT!  WE’RE WITH YOU AND WE’RE WATCHING THIS FASCINATING POWER PLAY… AND WAITING FOR OBAMA TO GET INVOLVED …

 

 

Anthony Pellicano was a very popular guy around Hollywood’s celebrity legal circles for many years, and for his safety remains in prison pending trial, where one is led to believe he is very happy to be.

He and 5 others were indicted for tapping into phone lines and selling information to whomsoever arranged for the activity, parties to litigation of course, through their lawyers.

A much delayed trial is scheduled to go forward next February 2008. The section of the law which is involved is RICO (see under Topics to the left), and one who got caught up in the enterprise is a prominent celebrity lawyer by the name of Terry Christensen. Now this Esq. is asking for a separate trial to take place PRIOR to Pellicano’s on the basis that he had nothing to do with the racketeering, after all, he only had 34 tape-recorded conversations with him, and paid him $100,000. Read about this HERE.

Meanwhile, a number of esquires around here are sweating like Rodney Dangerfield doing his act, except his was for show.

COURT TV provides an extraordinary, extensive, and thoroughly researched listing and discussion of famous cases. They deal with guilt and innocence, detail courtroom tactics, and provide references to point you in new directions.
Click on any one of the headings, but be warned, your day may fade away as you become absorbed and involved.
Notorious Cases list

You pitch an idea to a production company, nothing happens, and later you find your idea being used in a script.
What to do?
It’s long been established that you can copyright a manuscript, but not an idea. But wait!
Legal theory says that if you suspect that your idea has been hijacked, you can sue. On what grounds?
Try these: Misappropriation. Misrepresentation. Unfair Competition. Unfair Business Practices. Interference with Business Advantage.
The Copyright Act, passed by Congress in 1976, served to place idea thefts under the copyright heading, and it became exceedingly difficult to prove a similarity of ideas, whereas a completed writing was more straightforward, where substantial similarity has to be proved.
Then in 1999, one Jeff Grosso sued Miramax over his submitted script “The Shell Game” which in his opinion appeared later as the movie “Rounders”.
Copyright actions are heard in Federal Court, not state, and a judge dismissed the suit, usual result.
But the Ninth Circuit, on appeal, while dismissing the copyright claim, found that there was an IMPLIED CONTRACT, and his claim could stand. The chief judge, in her opinion, wrote that “a contract sometimes may be implied even in the absence of an express promise to pay.”
Contract matters are heard in State Court, not Federal.
Attorney Gail Migdal Title, (who Lynn and I had the misfortune to come up against in our fight with Universal Television over the fiasco of House Calls), heads the fight that producers are waging to get this ruling overturned. Lew Wasserman is gone now, so without his backing, perhaps their task will not be that easy.
She and her team have now petitioned the Supreme Court for their interpretation of the law, pointing out the inherent conflict, which in theory could give rise to opposite results. Stay tuned for this, it will effect all writers.