Author Topic: Hamilton Lawsuit, discussion & funding -- merged thread.  (Read 177863 times)  

Online Jan Hurst-Nicholson

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #625 on: January 24, 2018, 12:26:11 AM »
As far as I know, there is not recovery of fees. That's the problem with expensive places like California. Just to file a motion in LA County costs $400. Just the first filing fee!

Since Wayne and I are now dismissed, we are not able to file anti-slapp against her in California. It is just a cost of doing business. :/ But I am hopeful what's happened here has given the community a better than university classroom experience in business litigation.

Be very clear in the contracts you make and with who and how. Know people's real names and real addresses. And part of my 2018 business plan with my revenue is now keeping a kitty for legal costs.... always wondered why that's a business expense on the Schedule C.

Pity about the recovery of fees not being allowed. Perhaps a class action suit for harassment  :D

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Offline she-la-ti-da

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #626 on: January 24, 2018, 05:22:13 AM »
Good news for Elizabeth and Wayne, and hoping for the others to get the same ruling, and soon. That judge sounds like a winner, so I sent him/her some good energy.
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Offline Elizabeth Barone

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #627 on: January 24, 2018, 08:29:54 AM »
I'm glad this judge is so knowledgable. I appreciate the reference to similar cases and their thoughtful remarks on implications and reasoning behind their decision.

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Offline Elizabeth Ann West

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #628 on: January 25, 2018, 09:39:45 AM »
Just heard, the decision was finalized. Judge said the decision in his opinion wasn't close and if he had found there to be jurisdiction, he would expect anti-SLAPP.

Other side brought a court reporter today, an extra expense, so we've been warned to expect an appeal.



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Online Jan Hurst-Nicholson

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #629 on: January 25, 2018, 09:47:20 AM »
Just heard, the decision was finalized. Judge said the decision in his opinion wasn't close and if he had found there to be jurisdiction, he would expect anti-SLAPP.

Other side brought a court reporter today, an extra expense, so we've been warned to expect an appeal.



Thanks for the update  8) . But looks like more dragging out of the case  ::).

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Offline Usedtoposthere

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #630 on: January 25, 2018, 10:02:59 AM »
Her attorney is making good money, anyway. If he/she goes further and encourages her to appeal, it will be more. But the court of appeal would have to agree to hear it. Sorry if it is not over for your sakes though.
« Last Edit: January 25, 2018, 10:06:36 AM by Usedtoposthere »

Offline MyraScott

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #631 on: January 25, 2018, 10:54:31 AM »
Appeals are expensive.   

She posted just last month that she was going to shut OTOH down if she didn't get more business.  I guess she found it, because legal fees don't seem to be an issue.

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #632 on: January 25, 2018, 11:26:23 AM »
Her attorney is making good money, anyway. If he/she goes further and encourages her to appeal, it will be more. But the court of appeal would have to agree to hear it. Sorry if it is not over for your sakes though.

Appellate courts do have to "hear" most appeals (though may not have to grant oral argument time). It's the state's Supreme Court that can refuse to take an appeal.

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #633 on: January 25, 2018, 11:58:55 AM »
Just heard, the decision was finalized. Judge said the decision in his opinion wasn't close and if he had found there to be jurisdiction, he would expect anti-SLAPP.

This almost sounds like an "I dare you to appeal" because if an appeals court does find jurisdiction, in most cases it would go back to the original judge, who is basically saying that jurisdiction would trigger anti-SLAPP.

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Offline Rex Jameson

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #634 on: January 25, 2018, 12:08:25 PM »
Appeals are expensive.   

She posted just last month that she was going to shut OTOH down if she didn't get more business.  I guess she found it, because legal fees don't seem to be an issue.

No, she hasn't found it. She has taken out loans.



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« Last Edit: January 25, 2018, 08:26:57 PM by Becca Mills »

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #635 on: January 25, 2018, 12:09:50 PM »
Just heard, the decision was finalized. Judge said the decision in his opinion wasn't close and if he had found there to be jurisdiction, he would expect anti-SLAPP.

Other side brought a court reporter today, an extra expense, so we've been warned to expect an appeal.


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.

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #636 on: January 25, 2018, 12:12:07 PM »
This almost sounds like an "I dare you to appeal" because if an appeals court does find jurisdiction, in most cases it would go back to the original judge, who is basically saying that jurisdiction would trigger anti-SLAPP.

That's exactly what I thought. If a judge said something like that to me, no way in the world would I want my client to appeal unless I knew I had a rock solid way to get the judge kicked off the case, or I knew he would be gone due to rotation. That's just asking for it IMO.

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #637 on: January 25, 2018, 12:18:55 PM »
I don't know California, but in my state the parties can always request a mediation: they sit down with a professional mediator, everyone has their say, and the mediator tries to work it out to everyone's acceptance. In my experience mediation has about a 90% success rate, even in the most acrimonious of disputes (I suspect greatly due to the litigants having become sick of paying attorney fees --that creates loads of motivation in all parties).



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« Last Edit: January 25, 2018, 08:29:08 PM by Becca Mills »

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Offline ChristinaGarner

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #638 on: January 25, 2018, 01:25:00 PM »
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.


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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #639 on: January 25, 2018, 01:51:21 PM »
If there's something to be contributed to the case, or perhaps well-wishes for those involved, fine, but arguing stuff we've already hashed out in other threads is only going to cloud the waters.

At this point, if someone wishes for more information, they can read the threads or reach out via private PM.



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« Last Edit: January 25, 2018, 08:57:24 PM by Becca Mills »


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Offline EB

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #640 on: January 25, 2018, 02:36:05 PM »
The IGNORE button is a beautiful thing here at KBoards. I suggest using it to avoid getting riled up by posts attempting to divert the conversation to the topics already discussed in the (multiple) locked thread(s). Keeping this thread open for discussion of the court case is important.



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« Last Edit: January 25, 2018, 09:03:48 PM by Becca Mills »

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #641 on: January 25, 2018, 03:35:37 PM »
I think it is positive all around that the judge gave a very thorough response to his decision. Sending good vibes for Christina's case & hoping the rational line of decisions continues.



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« Last Edit: January 25, 2018, 09:18:30 PM by Becca Mills »

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #642 on: January 25, 2018, 03:58:31 PM »
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
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Offline ChristinaGarner

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #643 on: January 25, 2018, 04:03:26 PM »
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.


Offline lilywhite

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #644 on: January 25, 2018, 04:18:47 PM »
Yes, thank you. :)

Offline Wayne Stinnett

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #645 on: January 25, 2018, 04:53:43 PM »
Quote from: PhoenixS on Today at 03:09:50 PM

    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.

I think Phoenix left out a small detail. Unless I'm mistaken, if RH looses an anti-slapp, the attorney fees of the cross-defendents would be payable, jointly and severally, by RH AND her attorney. After the judge's statement, the attorney would have to be seriously deficient upstairs, to attempt an appeal.

I kinda hope he does.
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Offline Becca Mills

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #646 on: January 25, 2018, 05:20:12 PM »
Big thanks to Evenstar for stepping in during what must've been the middle of the night for her.

I do think most or all of the last hundred or so posts will likely be deleted, as they clearly move well beyond the established ground rules for the thread (which can be found here, here, here, here, here, here, here, here, here, here, and here). But that's a rather big task. I need to feed my ankle-biters and put them to bed first. So, for the time being, please protect the thread by ignoring posts that don't adhere to its ground rules, rather than responding.

Rex, you may not post in this thread again.

Offline Elizabeth Ann West

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #647 on: January 25, 2018, 05:24:43 PM »
Thank you Becca, I hope nothing I posted went past the line.


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Offline Wayne Stinnett

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #648 on: January 25, 2018, 06:20:43 PM »
Since it hasn't been brought up lately.

Susan Stec's fundraiser, which I just dropped a dime into: https://gogetfunding.com/i-am-summoned-in-a-frivolous-lawsuit-over-forum-twitter-and-facebook-posts/

And Christina Garner's fundraiser, which I just dropped another dime into: https://www.gofundme.com/6we7rk-it-takes-a-community

I think the judge made it quite clear this morning, that donating to a legal fund in California is NOT justification to being named in a cross complaint in California. We'll reach our fund-raising goals to end this debacle. The real message will be in the number of voices, not the amount they donate.
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Offline Becca Mills

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Re: Hamilton Lawsuit, discussion & funding -- merged thread.
« Reply #649 on: January 25, 2018, 07:57:24 PM »
Okay folks, locking to commence clean up. Once I'm done, we expect the rehashing of RH's activities to cease entirely. As the site owner has said ...

After further discussion, we've decided to reopen this thread. We ask that it remain specifically focused on Christina's legal case rather than other issues related to Rebecca Hamilton. We have already hosted one lengthy and very difficult thread about RH and we feel that thread was enough.

... and there's only so much time the moderation team can put into any one thread in order to keep it going.


ETA: Reopening. Quite a few posts have been deleted. I salvaged a few things here and there that seemed defensible under the thread's ground rules.
« Last Edit: January 25, 2018, 09:38:27 PM by Becca Mills »

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