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Author Topic: Hamilton Lawsuit, discussion & funding -- merged thread.  (Read 96541 times)  

Offline ChristinaGarner

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I hope things go well today.

Thank you! I was actually just coming by to let everyone know what happened :)

Often a judge will hear the oral arguments and then write up his final decision later, but in this instance he listened to them and decided to rule from the bench that his tentative decision would stand. He said he'd given his eleven page ruling careful consideration and believes his reasoning would stand up to appeal if need be.

Rebecca's motion to quash was denied, and the case will proceed in California. She has ten days to answer the suit.

Thanks for everything, guys. I'll keep you posted with updates as I have them. I'm very happy to have won this opening round and be able to proceed.


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Rebecca's motion to quash was denied, and the case will proceed in California. She has ten days to answer the suit.


This is the answer she was supposed to be giving when she asked for more time to file, then tried to get the case thrown out of CA?

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That's good news  :).

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Offline ChristinaGarner

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This is the answer she was supposed to be giving when she asked for more time to file, then tried to get the case thrown out of CA?

Yes; exactly.


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This is the answer she was supposed to be giving when she asked for more time to file, then tried to get the case thrown out of CA?

Stalling tactic. She's trying to drag this out as long as possible.

Offline Elizabeth Ann West

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Right this is good but there is still a long way to go? Hang in there Christina. At least it will be heard in California !!!


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Offline ChristinaGarner

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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #181 on: September 01, 2017, 08:13:33 AM »
Right this is good but there is still a long way to go? Hang in there Christina. At least it will be heard in California !!!

Yes; absolutely. We are still in the preliminary stages, and there is a long way left to go. The wheels of justice may be slow, but I'm heartened they are moving in the right direction. The next step is her answer or demurrer which must arrive by September 11.


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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #182 on: September 01, 2017, 09:03:20 AM »
Yes; absolutely. We are still in the preliminary stages, and there is a long way left to go. The wheels of justice may be slow, but I'm heartened they are moving in the right direction. The next step is her answer or demurrer which must arrive by September 11.

You have true grit. Not sure I'd have the strength to go through with this.

Offline ChristinaGarner

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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #183 on: September 01, 2017, 09:41:54 AM »
You have true grit. Not sure I'd have the strength to go through with this.

That's kind of you to say. I think this was honestly a case of "enough is enough" for both me and the community as a whole. I had given serious thought to letting her keep the money owed me just to avoid the backlash. But when I was falsely accused of plagiarizing/pirating a book and scheming to break KU's ToS, we crossed the Rubicon. Believe me, I wish it hadn't happened this way--my life has dramatically changed because of it. But sometimes you have to take a stand, and I'm very, very fortunate the community has been willing to stand with me.


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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #184 on: September 01, 2017, 01:21:22 PM »
Yes, sometimes you have to take a stand. I get how it would have been easier to let things go, and goodness knows, over the years a lot of people have done just that, but what was said about you was too much. I'm glad you had the courage to step up and do what was right.

Hard as it may be, as long as it may take, remember you are not alone, Christina.
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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #186 on: September 02, 2017, 06:54:00 AM »
I'm so, so glad to hear that things will continue in CA. You definitely have miles to go, but this bodes well. Hang in there, Christina, and please remember to practice self-care, especially as this goes on.

It really does take a community, and I'm glad to see so much support here.

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Offline Wayne Stinnett

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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #187 on: September 02, 2017, 04:19:25 PM »
Seeking justice should never be about money. Yet, that's what our legal system has become. Christina, check with your attorney on this if you don't already know. but, if the defendant were to pull every delaying tactic possible, simply to force it to be a matter of who has the deepest pockets, what will the total legal fees be? Will the current fund amount cover it? What would be the longest time table?

At the end of the month, the $25K will be fully funded. That, I guarantee. If others in our community miss the mark, I'll cover it. If this goes to the end of October.... Well, I just released a book on August 23rd, and it's doing pretty good. It'd been a slow month up to that point, but I'll have well into five digits of blow money available at the end of October. My pool's done, the driveway's finished, and the down payment on my next boat is in the bank. I've run out of things to spend money on.

Most folks in the community know who and what I am. Cheaters, bullies, and criminals get no quarter from me. I'll say it again, so that the opposition can read me loud and clear. Money will NOT be an issue in this proceeding. Full disclosure: I'll earn over $400K this year and I only pay myself $120K. My charitable giving eats another $25K, so there's still a huge hunk left. I can wait a couple more months for the boat.  ;)

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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #188 on: September 02, 2017, 04:24:17 PM »
Seeking justice should never be about money. Yet, that's what our legal system has become. Christina, check with your attorney on this if you don't already know. but, if the defendant were to pull every delaying tactic possible, simply to force it to be a matter of who has the deepest pockets, what will the total legal fees be? Will the current fund amount cover it? What would be the longest time table?

At the end of the month, the $25K will be fully funded. That, I guarantee. If others in our community miss the mark, I'll cover it. If this goes to the end of October.... Well, I just released a book on August 23rd, and it's doing pretty good. It'd been a slow month up to that point, but I'll have well into five digits of blow money available at the end of October. My pool's done, the driveway's finished, and the down payment on my next boat is in the bank. I've run out of things to spend money on.

Most folks in the community know who and what I am. Cheaters, bullies, and criminals get no quarter from me. I'll say it again, so that the opposition can read me loud and clear. Money will NOT be an issue in this proceeding. Full disclosure: I'll earn over $400K this year and I only pay myself $120K. My charitable giving eats another $25K, so there's still a huge hunk left. I can wait a couple more months for the boat.  ;)
You're my new hero. :)

Will some of the court costs be recoverable in the event Christina prevails? I know that sometimes the losing party in a civil suit has to be pay all the court costs for both sides, but I have no idea how that works.


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Offline Wayne Stinnett

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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #189 on: September 02, 2017, 04:29:43 PM »
You're my new hero. :)

Will some of the court costs be recoverable in the event Christina prevails? I know that sometimes the losing party in a civil suit has to be pay all the court costs for both sides, but I have no idea how that works.

Sometimes/ I'm not sure about this case, but I don't anticipate repayment. In a lot of instances, when huge amounts are spent and the defendant loses, they file bankruptcy. I'd expect no less in the case of this defendant.
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Offline Acheknia

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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #190 on: September 02, 2017, 04:39:13 PM »
Seeking justice should never be about money. Yet, that's what our legal system has become. Christina, check with your attorney on this if you don't already know. but, if the defendant were to pull every delaying tactic possible, simply to force it to be a matter of who has the deepest pockets, what will the total legal fees be? Will the current fund amount cover it? What would be the longest time table?

At the end of the month, the $25K will be fully funded. That, I guarantee. If others in our community miss the mark, I'll cover it. If this goes to the end of October.... Well, I just released a book on August 23rd, and it's doing pretty good. It'd been a slow month up to that point, but I'll have well into five digits of blow money available at the end of October. My pool's done, the driveway's finished, and the down payment on my next boat is in the bank. I've run out of things to spend money on.

Most folks in the community know who and what I am. Cheaters, bullies, and criminals get no quarter from me. I'll say it again, so that the opposition can read me loud and clear. Money will NOT be an issue in this proceeding. Full disclosure: I'll earn over $400K this year and I only pay myself $120K. My charitable giving eats another $25K, so there's still a huge hunk left. I can wait a couple more months for the boat.  ;)

Wow, amazing. What a legend :) You've already given so much, I think you're everyone's hero now :)
What a weight this must take from Christina's shoulders.
I'm sure your good Karma will see that you get your boat.

Offline ChristinaGarner

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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #191 on: September 02, 2017, 05:02:05 PM »
Seeking justice should never be about money. Yet, that's what our legal system has become. Christina, check with your attorney on this if you don't already know. but, if the defendant were to pull every delaying tactic possible, simply to force it to be a matter of who has the deepest pockets, what will the total legal fees be? Will the current fund amount cover it? What would be the longest time table?

At the end of the month, the $25K will be fully funded. That, I guarantee. If others in our community miss the mark, I'll cover it. If this goes to the end of October.... Well, I just released a book on August 23rd, and it's doing pretty good. It'd been a slow month up to that point, but I'll have well into five digits of blow money available at the end of October. My pool's done, the driveway's finished, and the down payment on my next boat is in the bank. I've run out of things to spend money on.

Most folks in the community know who and what I am. Cheaters, bullies, and criminals get no quarter from me. I'll say it again, so that the opposition can read me loud and clear. Money will NOT be an issue in this proceeding. Full disclosure: I'll earn over $400K this year and I only pay myself $120K. My charitable giving eats another $25K, so there's still a huge hunk left. I can wait a couple more months for the boat.  ;)



I was just speaking to someone about how much I appreciated your voice in the original thread where all of this began. If not for the willingness of you and others to speak in my defense and take some of the blows meant for me, I'd have never been able to keep posting. And now you've stepped forward in a way I would never even have imagined. I find myself speechless when I think of your generosity, so please forgive my lack of eloquence.

I have spoken with my attorney about the possible delay tactics and timeline. Some might be better discussed offline, but I can say that even with minimal delays we are looking at a year for the matter to be fully resolved. (Though some of those months will just be waiting for the next motion and not be nearly as expensive as this past month was!)

To your question, Bill, it's certainly possible to be awarded attorney's fees. And in a case that involves maliciousness (such as libel), bankruptcy is likely not going to discharge the debt. However, there are many ways to avoid of paying a judgement, and I feel certain I'd confront several of them.

Which is why Acheknia's point is so accurate about this taking a huge weight off of my shoulders. I can take the hit to my career and emotional well-being to get justice, but at a certain point, throwing good money after bad becomes unwise, even if my attorney and I believe strongly that we'll prevail. Knowing I won't go broke in this pursuit lets me exhale in a way I haven't since this nightmare began.

My words are inadequate to express my gratitude, but thank you.


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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #192 on: September 02, 2017, 06:19:11 PM »
Wayne and Elizabeth, I've sparred often with you both. And while I likely won't stop the sparring (too much fun!), please know whatever professional differences we may have, you have both earned my utmost respect over these last 4 months. In the ways that matter most, we have no differences. Thank you for helping me see that. And for putting community first. ♥♥♥

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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #193 on: September 02, 2017, 08:11:51 PM »
Wayne and Elizabeth, I've sparred often with you both. And while I likely won't stop the sparring (too much fun!), please know whatever professional differences we may have, you have both earned my utmost respect over these last 4 months. In the ways that matter most, we have no differences. Thank you for helping me see that. And for putting community first. ♥♥♥

The best people to hang out with are the ones who won't always agree with you. I have always said "I don't agree with her on everything, but Phoenix Sullivan knows her stuff." It took me a good bit to realize many of us who are here year after year with different strategies aren't wrong, we just see different parts of the mountain.

I have regrets for things I didn't stand up about back in the day and later on, others got hurt. But this is about the lawsuit and I think if there has to be legal action, the way this is happening with as much transparency as possible is really helpful for the community.


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Offline Wayne Stinnett

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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #194 on: September 02, 2017, 09:37:39 PM »
Thanks Phoenix. I agree with EAW in that this has brought the majority of the indie community closer. We share successes and hurts. What involves one of us, involves us all. So, when someone gets their toe stepped on, we all should say, "Ouch." I'm a Marine. Next to Husband and Dad, that's more of who I am than anything else. Under certain corcumstances, more so. If given the option of looking away or taking up the fight, it's simple. Bullies only respond to one thing.
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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #195 on: September 03, 2017, 04:50:08 AM »
Seeking justice should never be about money. Yet, that's what our legal system has become. Christina, check with your attorney on this if you don't already know. but, if the defendant were to pull every delaying tactic possible, simply to force it to be a matter of who has the deepest pockets, what will the total legal fees be? Will the current fund amount cover it? What would be the longest time table?

At the end of the month, the $25K will be fully funded. That, I guarantee. If others in our community miss the mark, I'll cover it. If this goes to the end of October.... Well, I just released a book on August 23rd, and it's doing pretty good. It'd been a slow month up to that point, but I'll have well into five digits of blow money available at the end of October. My pool's done, the driveway's finished, and the down payment on my next boat is in the bank. I've run out of things to spend money on.

Most folks in the community know who and what I am. Cheaters, bullies, and criminals get no quarter from me. I'll say it again, so that the opposition can read me loud and clear. Money will NOT be an issue in this proceeding. Full disclosure: I'll earn over $400K this year and I only pay myself $120K. My charitable giving eats another $25K, so there's still a huge hunk left. I can wait a couple more months for the boat.  ;)

Wayne, when we get a chance to meet, I'm bringing you a bottle of rum. You're amazing!

Wayne and Elizabeth, I've sparred often with you both. And while I likely won't stop the sparring (too much fun!), please know whatever professional differences we may have, you have both earned my utmost respect over these last 4 months. In the ways that matter most, we have no differences. Thank you for helping me see that. And for putting community first. ♥♥♥



Seconded (and Giphy apparently won't let me embed gifs on message boards anymore).
« Last Edit: September 03, 2017, 04:53:53 AM by Perry Constantine »

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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #196 on: September 03, 2017, 05:15:15 AM »
Wayne, I am once again blown away. Not to get too sappy, but you are the man. As the daughter, sister and cousin (and ex-wife) of truckers, and as a fellow vet, let me just say, brother, you've got the right stuff. I wish I could remember the proper trucker/CBer lingo, but I'm sure you could express it simply and with gusto. :D

As others have said, I don't always agree with what some in the indie community say, but when it comes down to it, those of us who value ethics, honesty and just behaving decently to other human beings, are standing up with Christina for what is right. A line must be drawn, wherever it may be for each individual, and for this, it's here.
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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #197 on: September 03, 2017, 05:16:49 AM »
Wayne and Elizabeth, I've sparred often with you both. And while I likely won't stop the sparring (too much fun!), please know whatever professional differences we may have, you have both earned my utmost respect over these last 4 months. In the ways that matter most, we have no differences. Thank you for helping me see that. And for putting community first. ♥♥♥

So much this. The folks in this thread are some of the best in our community. Mad respect to all of you. ❤️🤘🏻🤘🏻

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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #198 on: September 03, 2017, 05:43:55 AM »
Seeking justice should never be about money. Yet, that's what our legal system has become. Christina, check with your attorney on this if you don't already know. but, if the defendant were to pull every delaying tactic possible, simply to force it to be a matter of who has the deepest pockets, what will the total legal fees be? Will the current fund amount cover it? What would be the longest time table?

At the end of the month, the $25K will be fully funded. That, I guarantee. If others in our community miss the mark, I'll cover it. If this goes to the end of October.... Well, I just released a book on August 23rd, and it's doing pretty good. It'd been a slow month up to that point, but I'll have well into five digits of blow money available at the end of October. My pool's done, the driveway's finished, and the down payment on my next boat is in the bank. I've run out of things to spend money on.

Most folks in the community know who and what I am. Cheaters, bullies, and criminals get no quarter from me. I'll say it again, so that the opposition can read me loud and clear. Money will NOT be an issue in this proceeding. Full disclosure: I'll earn over $400K this year and I only pay myself $120K. My charitable giving eats another $25K, so there's still a huge hunk left. I can wait a couple more months for the boat.  ;)



I think this is headline-making: 'Ex-trucker promises monetary support for author's libel case'. It would make a good story; bring more publicity to the case, and perhaps even more funding. Anyone got contacts with a newspaper reporter?  ;)

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Offline Acheknia

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Re: Garner/Hamilton Lawsuit - OFFICIAL ruling in Motion to Quash - p7, reply #174
« Reply #199 on: September 03, 2017, 06:02:06 AM »
I think this is headline-making: 'Ex-trucker promises monetary support for author's libel case'. It would make a good story; bring more publicity to the case, and perhaps even more funding. Anyone got contacts with a newspaper reporter?  ;)

Maybe ex-trucker should say Marine :)
Great idea though (if Wayne agrees) you don't need to know a reporter, the news could be sent to papers or 'leaked anonymously') lol.
Preferably by someone in the US, so that it goes to the best papers :)

So many comments on here need an 'I love this post' button :)

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