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Messages - ChristinaGarner

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1
Just a reminder that this thread must be kept limited to discussion of the lawsuit.

I've had a quick read through and I can see there has been some deviation, but I would like to commend the majority on how civil you have remained.

Thanks
Evenstar, Moderator

Thanks for allowing the thread to remain open, Evenstar.

2
To this layman's eyes, it appears that the judge might be suggesting if anyone else is named in the cross-suit (or if an appellate court somehow overturns this judge's decision), that an anti-SLAPP would be the way to go. That's pretty telling, imo. Do judges often suggest next-step strategy unless they're already fairly confident of the outcome? Plus bonus: attorney fees for those X-defendants would be payable by RH should she lose an anti-SLAPP.

Want to make sure this point of Phoenix's doesn't get lost, as it's a very good one.

3
This same judge will hear all of the motions filed in this case which (to my non-legally trained mind) bodes well for other motions to quash based on personal jurisdiction.

4
From the judge:

"if mere commentary on California cases conferred jurisdiction, every news anchor from here to New York would be subject to suit."

"In the courtís judgment, it would be unfair for the court to impose jurisdiction on foreign defendants simply because they had made donations to California residents. If X-Ds West and Stinnett had given P/X-D money for groceries instead of money for legal fees there would obviously be no jurisdiction, yet the result would be the same: P/X-D could take her monthly grocery budget and apply it to her legal fees. If jurisdiction is found on the basis of publicly announced donations alone, any person who publicly donates to any victimís fund could be slapped with a complaint or cross-complaint for defamation."

6
This thread is full of women telling you they find it equally repugnant though. Maybe think about that?

This should go without saying. And yet... :/

7
:(
Yeah that's ... wow. That just bulldozed right across the line.  :( >:(

For me as well. I could care less about pen names or even maintaining a fictional presence online for that pen name. This goes far beyond that. And if there's nothing wrong with it, why the lack of transparency? (Spoiler alert: because there's something wrong with it.)

8

A part of me wonders if this stuff is really happening (catfishing for titillation or writing material), while another part is cynical enough to know it surely is, somewhere. To me, that's in a completely different category than a profile picture or a response to an email.   


I think is important to make it clear that this is absolutely happening. This is a direct quote [detailed paraphrase] from the twitter account of a romance author who claims to be a woman. Based on all the evidence I've seen, he is not:

[My recent reading has raised a question for me: how old were you when you experienced orgasm for the first time? Were you older or did you get started at a young age? Don't hold back.]

Personally, I find that very skeevy.



I've replaced ChristinaGarner's quotation of the tweet with what I hope is an accurate paraphrase. Googling the tweet itself led me right to the Twitter account of the author in question. Drop me a PM if you have any questions. - Becca

9
Side note: I just read the last line of Mr. Levy's post and burst out laughing:

"Indeed, one might wonder whether a client's interests are well-served when a lawyer sends threats of libel litigation based only on their say-so about the facts."

10
Man, I stop following this thread for a couple months and things go nuts ....

I donated to Christina's original fund and today to Elizabeth's and Susan's -- please let me know if I missed anyone.

If by some judicial insanity [opinion, hyperbole, so I don't get sued] the counter claim survives the 1/25 hearing (hopefully an anti-SLAPP motion?) and there are others needing assistance, especially any of the Roes being unmasked who may not want to be public, you might try reaching out to @popehat on twitter. He has a special place in his heart for "censorious arsehats" [quoting so I don't get sued] and will occasionally throw up a signal in search of pro bono help in this sort of thing [for informational use only, statement of fact, and not intended to be an endorsement of anything that might get me sued by a "censorious arsehat" [quote and not actionable]].

You are so right about Kenneth White/Popehat. I didn't think to contact him about this, but he tentatively agreed to represent me when I was faced with a defamation suit from two MTV reality "stars" accused of rape over a blog post I wrote about MTV and rape culture. (http://www.christinagarner.com/2012/10/26/rape-is-the-result-of-rapists/)

I did know of him nor contact him directly at the time, but attorney, Paul Levy of Public Citizen, reached out on my behalf and he agreed to take the case had it escalated to litigation. Thankfully, it never did, but it was a huge relief to have help. Mr. Levy blogged about it here: http://pubcit.typepad.com/clpblog/2013/08/frivolous-libel-threats-the-reality-show.html

There are definitely resources and anti-SLAPP penalties are stiff.

11
How would Kboards know people's names? As far as I can tell, people can sign up using fake names if they want to.

I'm not sure everyone has done that, and I was only speculating, but yes, if KBoards doesn't have the names they can't supply them.

12
If there were specific people to name (even based on Kboards user name) they could've done that in the same way they did for the first ROE name that used a Twitter handle to identify them. This is just a "if I choose to name someone else" placeholder from what I can tell.

I've had the same thought.

13
I don't get how you can sue someone that you can't name, identify, or trace. 

Perhaps she hopes KBoards will comply with her subpoena and hand over people's names and IP addresses. Of course, I hope they don't. It won't hurt me as I've already been named, but it will certainly hurt others.

14
So where does that number come from? Doesn't it contradict all she has been saying to defend herself? 

Based on what she's said, she's planning to claim lost earnings from her dissolved partnership with Jasmine Walt. At the time, Jasmine wanted to keep the Shadows of Salem series. Now that Rebecca will be keeping it, I'm not sure she's still planning to use that argument. Regardless, that assertion is problematic for many reasons.

15
You're being accused of orchestrating a conspiracy? OMG. Now I've seen it all....

What is her lawyer thinking? Seems that proving a conspiracy would be difficult.

Very difficult because there is zero basis in fact.

17
I haven't had a chance to review, but here are the documents I've just received:

Answer to my suit:

https://www.docdroid.net/VBDbPH8/answer-to-unverified-fac-112817.pdf

Cross complaint:

https://www.docdroid.net/lH3nS1Q/cross-complaint-112817.pdf#page=2

18
I'd be interested to see who is named in the countersuit, if that's appropriate.

I have to wonder what happens if someone's pen name is named but the papers never reach the actual author? Does that means they were never legally served?



Because I have not yet received copies I don't want to say anything I don't know to be true. If anyone who as been served would like to upload their papers, please do. Otherwise I should have mine today or tomorrow and will post a link as soon as I can.

The figure I've heard is $300,000 in lost earnings, but again, can't confirm until I have seen it for myself.

19
Wayne, I'm glad you posted. Because they are allowed to mail the suit to my attorney and don't need to serve the papers in person, I have not yet received a copy. However, I had it on good authority (Rebecca's own words) that a "massive" countersuit was coming. I'm very sorry for anyone else she has targeted in this.

As an FYI: both KBoards and Victoria Strauss have been subpoenaed. I don't have copies of those papers, but I am told they are requesting names and IP addresses from several KBoards posters and from Victoria they are requesting any correspondence she may have had with me. Given people have a right to privacy I certainly hope they chose not to comply, but we'll know soon.

Anyone who was named is welcome to reach out to me and I'm happy to speak with my attorney on anyone's behalf. Once I have a copy of the suit I'll post a link, but what I've heard so far leads me to believe there are multiple inaccuracies.

20
Hi everyone. I hope all of you who celebrate Thanksgiving had a nice one. I wanted to thank you all for your donations and for keeping the thread bumped--that's very kind of you. I also wanted to share some dates with you:

Future Hearings:

06/18/2018 at 08:31 am in Department 46 at 111 North Hill Street, Los Angeles, CA 90012
Conference-Post Mediation Status(2. FURTHER S/C PER CRC 3.723)

09/20/2018 at 08:31 am in Department 46 at 111 North Hill Street, Los Angeles, CA 90012
Final Status Conference

10/03/2018 at 09:30 am in Department 46 at 111 North Hill Street, Los Angeles, CA 90012
Court Trial - Short Cause

I'll have more news in the next day or two.

21
Donated, direct. You will see it come from my LLC, Reaper Press.

Perhaps Christina can't solicit direct payments using this language due to GoFundMe's TOS (I'm guessing, not sure, but it seems logical) but I further suspect that direct payments won't get the GoFundMe cut subtracted? On the other hand, they won't add to the formal total on the campaign?

Hi David. Thank you so much for your donation. You're right that sending it direct via PayPal means I don't incur fees from the funding site which is great, and I am able to manually add the amount and the donor. If folks aren't specifying, I'm only using initials to protect privacy.

You should see your name and donation, along with other offline donations here: https://www.gofundme.com/6we7rk-it-takes-a-community

And thank you, David Gaughran. I'm humbled by and appreciative of your words and continued support. This is an amazing community and I thank you all.

22
Thank you, everyone, for the kind words as well as the donations. It means the world to me to have respected members of the community backing me.

I share all of your frustrations with how long the process takes, but please know we are moving forward. I'm generally not able to share information until it has become part of the official record, but please know we are working hard to bring home a victory.

23
Thanks, everyone. I appreciate the continued support.

Unfortunately, I can't say very much right now. I can tell you we are in the discovery process. Their requests of me total approximately 70 pages.

This month we will get either another motion or an answer for the suit. It's my understanding she plans to file a countersuit, and if that's the case, I believe it will come with the answer. 

24
I've been traveling for work and away from my computer, so my apologies for these late thanks. Bill, Wayne, your generosity is overwhelming. As is the continued support from the community. I could not do this without you. Please know how much I appreciate each donation and word of support.

25
Ah- I missed this yesterday! Thanks for the update, Christina!

Sarah, just in case you or anyone else didn't see the newest post regarding the case, I'm linking here: http://www.kboards.com/index.php/topic,252500.msg3584116.html#msg3584116

I made two updates within a day so I didn't want the above to get lost in the shuffle.

I also wanted to thank those of you who have donated to this new round of funding. If I replied individually it would clog the thread, but please know I appreciate each of you very much.

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