Author Topic: Hamilton Lawsuit, discussion & funding -- merged thread.  (Read 161656 times)  

Offline Susan Stec

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #550 on: December 06, 2017, 06:26:41 AM »
I don't want to talk about it just yet, but there may be a really big surprise coming in the very near future.
That would be wonderful, Wayne, because even though I have sufficient proof her allegations are bogus, I still have to come up with the funds to fight back. And that is the point her new tactic is making. It's going to be hard for most of us. My sales have gone down from 4 figures (which I though was amazing) to 2 since this all stared for me last December 26th. Still looking for a lawyer today. I wish you luck in your endivor.




Edited. Drop me a PM if you have any questions. - Becca
« Last Edit: December 06, 2017, 09:42:24 PM by Becca Mills »

Offline Donna White Glaser

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #551 on: December 06, 2017, 06:49:24 AM »
I don't want to talk about it just yet, but there may be a really big surprise coming in the very near future.

Ooh, like a holiday treat! 
In all seriousness, I can't imagine the stress this must be putting on those of you involved. I can't do much but I've been donating.
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Offline RedAlert

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #552 on: December 06, 2017, 09:16:59 AM »
I am so sorry this is happening to all of you.  If you have been served, I urge you not to default.  If you default, she wins against you.  She only needs one of you to falter.
 The most imperfect answer is better than nothing at all.  Go online and find something to copy; you can do this.  I believe nowadays you have to file papers online in L.A.  You can do this, too.  File papers begging to be relieved of fees, as well, perhaps.  But, whatever you do, answer back.  The best answer, of course, will come from an attorney.  Even if all you pay for is just the opening, generic answer.

I am not an attorney and do not write about attorneys.   :D  I believe in your cause, and want you to win.  I also want Kboards to prevail.  GGGRRRRR!!!!  Get your game faces on.

Offline Awasin

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #553 on: December 06, 2017, 09:29:02 AM »
I am so sorry this is happening to all of you.  If you have been served, I urge you not to default.  If you default, she wins against you.  She only needs one of you to falter.
 The most imperfect answer is better than nothing at all.  Go online and find something to copy; you can do this.  I believe nowadays you have to file papers online in L.A.  You can do this, too.  File papers begging to be relieved of fees, as well, perhaps.  But, whatever you do, answer back.  The best answer, of course, will come from an attorney.  Even if all you pay for is just the opening, generic answer.

I am not an attorney and do not write about attorneys.   :D  I believe in your cause, and want you to win.  I also want Kboards to prevail. GGGRRRRR!!!!  Get your game faces on.

This must be costing Kboards something, for legal opinions if nothing else; they have exposure too, and I think Christina mentioned they were served with a subpoena. 

IOW perhaps a donation to Kboards is in order.

Offline Atlantisatheart

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #554 on: December 06, 2017, 01:10:34 PM »
I haven't read the whole thread but I'll just leave this here...

Sanctions against frivolous lawsuits and legal tactics in California state courts can be sought under sections 128.5 and 128.7 of the California Code of Civil Procedure.1 Section 128.5 authorizes a trial court to impose sanctions of reasonable expenses, including attorney fees, against litigants acting in bad faith.

Just saying.

Offline she-la-ti-da

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #555 on: December 06, 2017, 01:44:37 PM »
Quote
I don't want to talk about it just yet, but there may be a really big surprise coming in the very near future.

Oooh! Intriguing.

I feel for everyone involved in this mess. But as Wayne says, it's a battle that must be fought and won if we want to see ethical behavior be the future.
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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #556 on: December 06, 2017, 01:49:16 PM »
Looking forward to the big surprise, Wayne!

Also, this is all a reminder of what courage it takes to stand up for your convictions. Small or large, it takes courage to do what you think is right no matter what the consequences might be. Thank you all for being examples of such courage.

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Offline cdk

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #557 on: December 06, 2017, 02:21:13 PM »
Quote
Sanctions against frivolous lawsuits and legal tactics in California state courts can be sought under sections 128.5 and 128.7 of the California Code of Civil Procedure.1 Section 128.5 authorizes a trial court to impose sanctions of reasonable expenses, including attorney fees, against litigants acting in bad faith.

For people without a handy California Code of Civil Procedure, 128.5 says:

"(a) A trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. . . .

(b) For purposes of this section:

(1) 'Actions or tactics' include, but are not limited to, the making or opposing of motions or the filing and service of a complaint, cross-complaint, answer, or other responsive pleading. . . .

(2) 'Frivolous' means totally and completely without merit or for the sole purpose of harassing an opposing party.

(c) Expenses pursuant to this section shall not be imposed except on notice contained in a party's moving or responding papers or, on the court's own motion, after notice and opportunity to be heard. An order imposing expenses shall be in writing and shall recite in detail the action or tactic or circumstances justifying the order.

Zamos v. Stroud (2004) 32 Cal.4th 958, also makes the attorney personally liable for malicious prosecution for prosecuting a lawsuit that lacks probable cause.

Offline C. Gockel

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #558 on: December 06, 2017, 02:24:21 PM »
Zamos v. Stroud (2004) 32 Cal.4th 958, also makes the attorney personally liable for malicious prosecution for prosecuting a lawsuit that lacks probable cause.

 :o


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Offline MyraScott

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #559 on: December 06, 2017, 02:50:44 PM »

(2) 'Frivolous' means totally and completely without merit or for the sole purpose of harassing an opposing party.

Like targeting the opposing party's top donors in order to punish them for their support?  Seems to fit the frivolous definition.

Offline Susan Stec

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #560 on: December 06, 2017, 09:26:15 PM »
So is Jasmin Walt included in the complaint since she was a copromoter?


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Offline Jan Hurst-Nicholson

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #561 on: December 07, 2017, 12:12:45 AM »
Perhaps the Alliance of Independent Authors could be of assistance.

http://allianceindependentauthors.org/members/join/

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Offline Awasin

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #562 on: December 07, 2017, 05:30:58 PM »
This must be costing Kboards something, for legal opinions if nothing else; they have exposure too, and I think Christina mentioned they were served with a subpoena. 

IOW perhaps a donation to Kboards is in order.

I don't always quote myself but when I do...

First, I didn't mean that Kboards had taken sides in this when I said they had exposure; they clearly haven't. 

But it is the kind of thing - when you're talking about thousands of dollars for lawyers - that might make one wonder whether the game is worth the candle. 

I don't want Kboards to disappear.  Five bucks a month for a subscription is what Dirty Discourse charges I think, and that seems quite fair, and there's also the option of buying advertising here; both are deductible and well worth doing if you care about this place.

And of course, you can also support the folks who do advertise here (which you collectively don't currently seem to do BTW; how hard is it to download a book that's in KU?).
« Last Edit: December 07, 2017, 06:29:49 PM by Awasin »

Offline MyraScott

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #563 on: December 08, 2017, 05:28:09 AM »
I would support a KBoards legal fund, if needed.  I'm sure they'll let us know.

I don't think they want to make this a subscription-based board behind a paywall... that's a very different business model than ad-sponsored content.  But a voluntary donation would be a good option.

Online dgaughran

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #564 on: December 08, 2017, 06:19:09 AM »
I would support a KBoards legal fund, if needed.  I'm sure they'll let us know.

I don't think they want to make this a subscription-based board behind a paywall... that's a very different business model than ad-sponsored content.  But a voluntary donation would be a good option.

I'm sure that if they were fighting the subpoena, or otherwise attempting to protect members' anonymity in this matter, then that would be a popular fund.

Did Kboards make any statement - either publicly or privately to those directly involved - regarding what position they might be taking? Or are they simply complying?

This would seem to be relevant information, not just for those directly involved, but all members who aren't posting under their real names here.
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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #565 on: December 08, 2017, 07:36:10 AM »
That's probably something best asked directly of the owner here.


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Offline MonkeyScribe

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #566 on: December 08, 2017, 10:11:55 AM »
That's probably something best asked directly of the owner here.

I took it as a direct question, and I'm sure all of those who have contributed to this thread (or financially) would like to know the answer.

Offline Betsy the Quilter

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Folks, I just want to reiterate that we believe it is neither appropriate nor wise for *any member* involved in a lawsuit, either directly or indirectly, to discuss their strategy or other specific details of that lawsuit on our very public forum.

Thanks.

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Offline Susan Stec

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #568 on: December 09, 2017, 11:12:03 AM »
This is exactly why this case is important to all of us. Going forward, this litigation will put a damper on the enthusiasm with which some people will dance across the moral and ethical lines of departure. This is why I became involved..
Edited. Drop me a PM if you have any questions. - Becca
A reminder - This is why all of us are here. Whether we are here offering verbal or monetary support, I believe we should all try to adhere to the guidelines of our moderator.



Edited. Drop me a PM if you have any questions. - Becca
« Last Edit: December 09, 2017, 03:11:34 PM by Becca Mills »

Offline Susan Stec

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #569 on: December 12, 2017, 09:24:56 PM »
My daughter and I now have an attorney in California (thanks to the friends who gave me a referral) and we could really use your support. His retainer is $10,000. We borrowed 5k, scraped up another 2k, but were short 3k. (a big thank you to those who have already supported, it is greatly appreciated)

My daughter and I hope you will consider supporting us. https://gogetfunding.com/i-am-summoned-in-a-frivolous-lawsuit-over-forum-twitter-and-facebook-posts/  Even $10 helps.




edited to remove off topic commentary -- Ann
« Last Edit: December 16, 2017, 03:54:58 AM by Ann in Arlington »

Offline Scarlettletters

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #570 on: December 19, 2017, 04:28:47 AM »
Donated to Susan Stec, and I hope some more people will donate soon.

Folks, this could happen to ANY of us.  Heck, I could be sued just for donating.  Not saying that it would be right, or legal, but it could happen.  I am a passionate advocate of freedom of speech, and lawsuits like this have a chilling effect. 

If a bunch of people donated even $5, it would add up!

Offline Susan Stec

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #571 on: December 19, 2017, 10:38:39 AM »
Donated to Susan Stec,  I am a passionate advocate of freedom of speech, and lawsuits like this have a chilling effect. 


Thank you for your generious support. Its greatly appreciated. Money has been trickling in, and thats very encouraging, especially with the holiday season.

We still need about $2000 to meet the lawyers retainer, but they are working with us. And youre right. This can happen to any of us if we dont put a stop to it. Were making a statement as a community. Thats what its all about. Even everyones words of encouragement and support are helpful, and also important to keep this going, make it happen.

Susan
 

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #572 on: December 28, 2017, 08:57:13 AM »
Hearing date is set for January 25 8:30 AM for a motion to quash for both me and Wayne Stinnett (our facts were very similar and we were served only hours apart so we also had the same timeline). Motion was sent to plaintiff's lawyers as well.

That's all the update I have so far.


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Offline Wayne Stinnett

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #573 on: December 28, 2017, 09:08:18 AM »
Hearing date is set for January 25 8:30 AM for a motion to quash for both me and Wayne Stinnett (our facts were very similar and we were served only hours apart so we also had the same timeline). Motion was sent to plaintiff's lawyers as well.

That's all the update I have so far.

I'd like to add that on January 25th, at about 8:31 AM, this frivolous attempt to distract will be over and we can turn our attention to the very serious case at hand, Garner v. Hamilton.
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Offline Jan Hurst-Nicholson

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #574 on: December 28, 2017, 09:29:26 AM »
I'd like to add that on January 25th, at about 8:31 AM, this frivolous attempt to distract will be over and we can turn our attention to the very serious case at hand, Garner v. Hamilton.

Date noted in diary  :)

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