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COURT TALK | Appeal Dismissed

515PM | Barnes & Noble, Aliso Viejo

We just received notification from the California Court of Appeals stating that our appeal for litigation resources was denied and effectively dismissed. That was very much expected for three reasons. First, the case has not been completely litigated and the issues have not been disposed of. Second, on a policy standpoint it might open the flood gates to increased litigation by an expanding class of people – the struggling masses. Third, as we’ve observed, there is no incentive to change the way things are done in the legal system. It has and continues to be an apparatus that wealthy corporations and rich individuals avail to validate their stature.

Time and time again we have witnessed the trampling of an individual’s rights because of the disheartening condition of lack. People with legitimate grievances, where laws, facts and evidence favor their case lose on procedural grounds or a paper war. Next thing they know, their attorney is trying to sever their relationship because they have not been paid – the classic result of dilatory motion after motion after motion. The next attorney, out of contractual requirement, asks them for a retainer, which they are not able to meet. Overnight, they have no representation. The first thing that the presiding judge tells them is, “You should get an attorney.” As a consequence, they are not able to respond to the next motion lodged by the opposing counsel, who at this point is circling like a vulture for the coup de grĂ¢ce. That is why they lose their case. They did not have the money to purchase the level of representation/justice that they thought they deserved.

The next step for this particular issue is to try to get the Supreme Court to grant a review. The chances of that being granted is even slimmer than getting a review at the appeals level. However, we feel that it is worth at least a try. We’ll take a look at what resources will be required and see about meeting it. That is our next challenge. Stay tuned.



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