The "Soul" of the Judicial System

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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-If you google "soul" and "justice" together, you will find countless links to books, quotes, articles, movements and humane organizations. There is very little mentioned when it relates to the courts system.  Why is that? Is it because the Judicial System, our system of justice has no soul?

Let's define some of these terms.  According to Merriam-Webster.com, "soul" and " justice" can be defined as:

Soul 
-immaterial essence;
-a person's total self;
-the moral and emotional nature of human beings;
-spiritual or moral force.

Justice
-the maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishment.
-judge;
-the quality of being just, impartial or fair;
-conformity to truth, fact, or reason.

As to "Judicial System" also know as "Judiciary," I got this definition from
legal-dictionary.thefreedictionary.com.

Judiciary - The branch of government that is endowed the authority to interpret and apply the law, adjudicate legal disputes, and otherwise administer justice.

As to my lawsuit against Alfieri ... About a month ago, I went to the Los Angeles Superior Court because Alfieri's attorney was filing an emergency ex-parte request to stay discovery. I did some research and consulted with two attorneys on what to do. Both attorneys told me to appear in court and that I would be able to speak to the judge and voice my opposition to such order.

When I arrived I was told that the judge assigned to my case was the only judge, or one of the few that did not take the bench for ex-parte hearings, that she only accepted written documents. Seriously? I am notified of this hearing the day before and Alfieri's attorney does not give me any documents specifying the legal basis for his petition? How am I supposed to respond in my opposition letter?

I asked if I  could handwrite it. The clerk told me that I could not do so. She was clearly losing her patience with me. She told me to go to the first floor and get some forms or to at least get pleading paper to write it down. She added, "I don't know if the judge will accept a handwritten document, plus it has to have the proper formatting."   I also asked if Alfieri's attorney had turned in any papers and the clerk said no.  "I still have time," I thought.

I went to the first floor, bought the paper and drafted the document with the correct formatting. When I went back to the courtroom, I handed the paper to the clerk. She then said, "I don't think the judge will accept this. It's too late." I could not believe my ears. Why would this clerk first tell me that the reason the judge would not accept my letter was because it was handwritten and later tell me that the reason  was because I was too late submitting it?

The clerk did not want to accept the piece of paper I was offering. I asked her to please talk to the judge and see if she would accept it.  My letter simply stated that I did not agree with that order - something that in other courtrooms is done in front of the judge. She went into the judge's chambers and less than a minute later she came right out. "No, she will not accept it. But she said that you had very nice handwriting."

I asked the clerk again, "when did it become too late to submit this?" She responded, at 8:30 when I opened the courtroom. So why make me go through all that????  I said, "the other attorney was not even here at 8:30 am." To my surprise Alfieri's attorney was sitting in the back of the courtroom. He claimed that he had been there the whole time. The clerk said, "yes, he has been here since 8:30."

The truth is that I did not see him at 8:35 when I stepped into the courtroom for the first time. I even asked the clerk about my case and she told me he had not submitted anything.  Why would she give contradictory statements?

I immediately went toward Jason L. Fisher, Alfieri's attorney, to greet him. He did not seem very happy to see me. I would like to share my impression of him, but I will reserve my opinion for now.... at least while this case is still pending.  The only thing I will say is this - Victor has found an attorney who will faithfully represent his interests, values and ethics. Victor made an excellent choice when hiring this specific attorney. I believe that Jason L. Fisher is the perfect attorney for him.

It is sad to realize that the last thing we can expect when dealing with the judicial system is to be treated with consideration and integrity.  It is really about "playing the game" and not about bringing justice.

I will seek more legal advice before proceeding. I need to be prepared for the "legal battle."

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.

Nowhere to Hide

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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I remember back in 1993, when I was attending school, specifically an Information Technology course, we were discussing the future of the World Wide Web.  We were talking about companies transitioning to digitalized electronic communication and advertising.

We also discussed what ATT was proposing - a device that would allow to make video phone calls. It almost seemed like an impossibility back then. Only a decade later, Skype emerged. Now, we can make video calls with our iphones as well - not to mention, messenger, yahoo and so many other different Video Conference Platforms.

And what about Social Media? Facebook, Twitter, Pinterest and LinkedIn are the first social networking websites that come to mind because I use them.  But we cannot forget other sites that have over 5 million users each, such as About.me, Bebo, Buzznet, Care2, CaringBridge, Classmates.com, Cyworld, delicious, deviantART, Flickr, Flixster, Fotolog, Foursquare, Friends Reunited, Friendster, Gaia Online, Geni.com, Google+, Habbo, hi5, Instagram, Last.fm, LiveJournal, MyHeritage, MyLife, Netlog, Plaxo, Yammer, Yelp and Xanga.

We could say that every time we post something on our facebook wall or our twitter account, we are sharing it with the world. Our life somehow gets documented through the pictures and posts we and others post on the web. Even when we post a simple comment or a review - that also becomes part of our "history."

The internet has become an essential tool in routine background checks independently conducted. Have you googled any person you have dated? What about employees you have considered hiring? Companies or services you have planned on using? Places you dream of visiting? Everything and everyone is just a keystroke away.

We could say that everyone's life is somehow "documented" on the web.  Well, only for those who have interacted with the internet and their social network websites. There are people, like my mother, who are not best friends with technology and prefer to use more traditional ways of communication.

Texting and electronic mail have also become preferred methods of communication among many.
And because MOST people nowadays have at least an email account and a cellular phone with texting capabilities, there is practically "nowhere to hide." There is no real excuse to say, "I am not reachable." You can opt to not return emails or voice messages...  but to make a claim that those communications did not reach you??? Really?

It is also true that sometimes emails or text messages don't get delivered. I will not argue with that. But if you are really trying to contact somebody, wouldn't you try at least a couple of times?  I assure you that you will be able to have your message delivered.

Social media has become such an important part of our identity and life that there is a clear trend that will allow process service through social media or electronic mail.  Below there is an excerpt from an article by Legal Language Services:

"Facebook alone boasts a user base significantly larger than the entire population of North America. While service of process via such social media sources is not a mainstay of domestic service in the US, several countries have begun to adopt this as a method of service.

"In 2008, an Australian court first allowed for service of process via Facebook, and courts in New Zealand have followed suit. In 2012, a High Court Judge in the UK also approved service of process via Facebook.

"Even Twitter has been used to effect service in the UK. In September 2009, the High Court allowed an injunction against an anonymous blogger to be served via Twitter. A well-known British lawyer and conservative blogger, Donal Blaney, obtained an injunction after a previously-unknown blogger began impersonating him on the Internet.

"Canadian attorneys also routinely obtain orders to serve documents via Facebook when a defendant cannot be personally found or is actively trying to evade service."

---- Legal Language Services  What to Consider Before Serving Process via Social Media

Daniela Carloni, Victor Alfieri's mother, is one of the defendants in the lawsuit I filed last April. She lives in Italy. In order to serve her the summons and complaint, I had to follow the rules of the Hague Convention, as Italy is one of its signatories. Interestingly enough, Italy allows service via regular postal mail. An Italian attorney told me that in Italy, by law, all citizens must be registered under an "official" address. Legal documents that are delivered to that address are considered as "DELIVERED" - no signature needed.

Daniela Carloni was officially served in May 2014. She was served by priority mail, certified mail and email. She received the complaint and summons in both English and Italian. It has been over 60 days after her service. She has not responded.

Defendants typically have 30 days to respond. I am not sure how long Daniela has, as she lives abroad. She can claim that she needs time to respond. She could also claim that she did not receive the documents although I have clear proof of delivery by mail (2 separate deliveries). What she won't be able to claim is that she was not aware of the lawsuit.  Her only son is the main defendant in this case. The lawsuit involves the movie filmed in Calcata, where she resides. No judge would believe she had no idea this lawsuit had been filed.

Some people ask my why I sued Daniela. My complaint explains her involvement. You can read it by clicking on this link - Complaint.  What Victor and Daniela did, at least, what I believe they did, should be brought to a court of law and should be heard by a judge and jury. I don't believe people should be allowed to commit fraud through deceit and manipulation and get away with it simply because nobody is willing to do anything about it... or because it is time to move on.

This is my story. I do not blame anyone, not even Victor or Daniela for how the story turns out.  What happened in the past is done and cannot be changed. What we have now is the present... and a future that will eventually become the present.  I hold no resentment against anyone who has been somehow involved in this "story." I am proceeding with this lawsuit because it is what feels right for me. This is the way I find balance - by stepping away from the victim's position and standing up for my truth.

My life is my story. I am the one writing it. Nobody can write it for me. I refuse to be a victim of circumstances. Bad things don't happen to me. There is no such thing as a BAD experience.  A seemingly bad experience that knocks me to the ground simply happens so I can take a break, regroup and regain awareness of what truly matters to me.

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.