Tuesday, June 29, 2010

To Attorney, "Final Push To Summary Judgment."


I met with my attorney yesterday morning to cover the papers needed to file a Motion for Summary Judgment. The list is scary but I understand the reasons behind each filing because I have re-drafted most of them numerous times over the last several months, remaining productive while the defendants pretended to be  remained brain-dead. The BDGs have ignored, dismissed, and evaded responsive answers to propounded interrogatories, demands for production, and admissions, hiding behind that legal shibboleth*, "Discovery is continuing," and evaded good faith settlement efforts - the definition of bad faith. While their freebie Farmers Insurance Homeowner Policy lawyer (still operating under Reservation of Rights, are we?) cheered, "Settle, yeah, yeah, yeah!," the BDGs' head bitch  leader continually bitched, "f...u, f...u, f...u!"

Note: The expression, "Discovery is continuing," receives full expression in Bleak House, by Charles Dickens. His novel elaborates the true purpose of the legal profession. In the fictional case of Jarndyce and Jarndyce, discovery continues until hell freezes over, the opposing parties give up, all litigants have forgotten the reason for the action, and the estate is sucked dry by solicitor fees.

The list of Dickensonian filings so far looks like this:
  • Motion to Amend Initial Pleadings (add radio retaliation nuisance)
  • Motion to Admit Documents (defendants refused to admit documents)
  • Separate Statement of Undisputed Facts (in support of summary judgment)
  • Memorandum of Points and Authorities (in support of summary judgment)
  • Declaration of Richard Behling (in support of summary judgment)
  • Affidavit of Benjamin Cantu (in support of summary judgment)
  • Police/Crime Reports (in support of summary judgment)
  • Notice of Motion and Motion for Summary Judgment
  • Proofs of Service
  • likely other papers, as well
Yes, it appears God is forcing me to exercise more patience  learn a tiny bit about the US/California legal abortion  tradition. One big take-away lesson is that men's governing systems are hopelessly screwed up, impossibly slow, and incapable of correctly deciding anything of importance. Dickens, the well-written social critic, was dead on --- in the 19th century and today!
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* shibboleth (n) 1. a manner of speaking that is distinctive of a particular group of people. 2. a favorite saying of a sect or political group. 3. A tired, old saying - signifying nothing. {4. A way for lawyers to delay actual litigation AND to cover their arses in front of a judge when their clients have absolutely no defense against the charges or their lawyers.}

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