Update as of 10-15-2018 -- The case has been dismissed by both parties. As we have agreed to move forward, the dismissed case will remain confidential.
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Update - On April 15, 2014 I filed a new lawsuit. Read Above the Law
What is Justice???
jus·tice jəstis/- The maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments.
- The administration of the law; especially: the establishment or determination of rights according to the rules of law or equity.
- The quality of being just, impartial, or fair.
- The quality of conforming to law.
- Conformity to truth, fact, or reason.
--- Merriam-Webster Dictionary on Line
I contacted one of my attorneys and left him a voice message explaining that I would be refiling the lawsuit and would proceed "pro se."I simply asked him to guide me a little by telling me which forms I needed to refile this case. He sent me a text message - "there are multiple forms." "OK," I thought, "I know that... but which are those multiple forms?"
I went home and did some research on line. I found "justanswer.com" a website with attorneys who answer questions for a nominal fee. I asked this question (about the forms) and was told that $18 would be the smallest fee I would pay, considering that it was not complicated and I was not in a rush. Thirty minutes passed and I had gotten no answer from this site. An hour later, I received an email from this site requesting more money, claiming that the answer was complicated.
I continued searching on line and found Avvo - a great free service. They gave me concrete answers and good advice. This is one answer I received.
Assuming the claim isn't barred by the statute of limitations, you need a complaint, summons, civil case cover sheet, civil case addendum, and have to pay the filing fee, unless you have a fee waiver.This service was completely free. I can't believe justanswer.com wanted $40 dlls to give me this information. I went to the Los Angeles Superior Court website and actually found the same answer. Refiling a complaint that has been dismissed without prejudice is just like filing a new lawsuit and needs the same forms.
What has happened to the legal profession, specifically attorneys in civil cases? It seems that it is always about money. They bill for EVERYTHING!!! If they cannot get compensated monetarily for every single word they utter or type, they are not interested in helping you. Is that what they learn in law school? Are they taught to care about justice and fair respectful treatment of non-lawyers? Or is it all about making money? Don't they get paid enough already????
Fighting for Justice
Can a person fight for justice in the court system without legal counsel? Not really. I believe that the court system is designed in a way to make sure people are represented by an attorney. A simple request for a "continuance" of a court hearing has to be done in such a way that only attorneys know. Judges get really irritated when a person opts to go to trial "pro se." But don't we have the right to do so if we cannot afford an attorney in a civil case? In theory we have the right. In reality, we don't stand a chance to "fight for justice" in the judicial system if we are not represented by an attorney.
Victor Alfieri got intimately involved with me and convinced me to trust him and to invest in his independent film. He then hid our relationship and started slandering me claiming I was obsessed with him and was sexually harassing him. When I disclosed our intimate relationship to his manager and the production attorney, Alfieri took the rest of my money, disconnected his phone and disappeared (went into hiding). Alfieri then sued me because, as he stated during his deposition, I called him a thief, I accused him of "stealing money that he never stole." Then he used that same money to hire attorney Roger Muse to sue me and slander me in the process.
Now Alfieri is doing whatever he wants with the movie. He is not respecting the agreement and does not care to listen to my feedback on the "amateur" film he made with MY money. Is this fair???? Is it fair to just "move on" and do nothing about it???? I have moved on as to my personal relationship with him - that relationship died while filming in Italy. But what is wrong with wanting to recover what he took from me?
I did not refile the lawsuit against him. I will be consulting with an attorney in a couple of weeks. I know the statute of limitations will bar some of the causes of action. So that is why I need to act in a timely manner. I might file a brand new lawsuit that will include many of the other parties involved... or, I might just forget about the false sense of "fighting for justice" in the judicial system and let God take care of it. Please read Above the Law for updated information.
It is certain that "what goes around, comes around." I know that "justice will prevail" - not necessarily through the judicial system... but through the events that keep unfolding. There is always a BALANCE. It is up to us to find our own inner balance and peace... I continue working on maintaining that equilibrium.
Disclaimer – As of October 15, 2018, all legal issues have been resolved. This resolution was reached during arbitration. There are no pending issues related to fraud or theft. The resolution was mutually agreeable. There will be no more posts written about this story.
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