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.
What is a Bully?
A person who uses strength or power to harm or intimidate those who are weaker.
What is Bullying?
To use superior strength or influence to intimidate (someone), typically to force him or her to do what one wants.
--- Both definitions from Oxford Dictionaries (oxforddicitonaries.com).
Nowadays, this type of abusive behavior has become a serious problem. This digital era has allowed bullies to cowardly hide behind fake cyber names while verbally attacking, intimidating and threatening others whom they perceive as "weaker" or "inferior."
My Experience with Bullies
Although I was very shy when I was a young child, I cannot really say that I ever got bullied by other kids at school. The truth is that I had never really experienced feeling "bullied" until I started dealing with opposing counsel in this case against Victor Alfieri. I have got to experience intimidation and manipulative tactics by Bullies with a Law Degree.
It is true that I am representing myself. I have not hired an attorney because I cannot afford one. Victor Alfieri took everything I had. Now his attorneys are trying to get more from me -- or at least, they are trying to intimidate me and take advantage of my lack of legal representation.
So what qualifies them as "bullies"? They certainly have strength and power over me --- that power is their law degree and their knowledge of the California Judicial System. They shield themselves behind the "confidentiality of the case" They use that as an excuse to bully me and to intimidate me.
I believe that it is my duty to speak out, to tell the truth about what these attorneys have done and continue doing. This specific post is my contribution to stopping this type of bullying. I know I am not the only one who has gone through an experience such as this. I hope this post inspires those who have felt helpless in similar situations when dealing with the legal system on their own -- those who have opted to not fight or to give up due to their apparent disadvantageous position. Please read on.
I will only cover what attorney Jason L. Fisher has said during our conversations, what he has done or said in open court and the documents he filed. The current arbitration process is to be kept strictly confidential. I will NOT be revealing any details related to such process. I will not be disclosing any information about the attorney retained to handle this arbitration either. The only thing I will say, is that this attorney uses a friendlier and more respectful approach. It might be because this attorney is a female and can somehow relate to what I have been through.
As to what has happened in court and all the documents filed, everything is public. If you are interested in getting copies of the documents filed in court, please go to LA COURT CASE SUMMARY and enter case BC542748. I will be sharing some specific details about what attorney Jason L. Fisher has done while handling this case. I swear that all the statements I am about to make are true to the best of my knowledge and recollection.
As I mentioned before, this case filed in Los Angeles Superior Court is public, so are the hearings and what was said during those court appearances. I also have the right to voice my opinion --- I have Freedom of Speech.
Los Angeles Superior Court - Summary
I filed my lawsuit against Victor Alfieri on April 15, 2014. The first phone call I received from Jason L. Fisher informing me he had been retained by Alfieri was on May 16, 2014. We had an amicable conversation during which I agreed to give him more time to file a response. That was the only friendly conversation we would ever have.
On May 30, 2014, Jason Fisher filed over 100 pages worth of documents -- Demurrer to Complaint, Motion to Strike, Proposed Order for the Demurrer and the Motion to Strike. Yes, over 100 pages!!! His Demurrer and Motion to Strike basically stated that the case should be dealt in arbitration. Why wouldn't Mr. Fisher save all that time he spent drafting these documents and simply demand arbitration???
Mr. Fisher used derogatory language to describe me and labeled my allegations as "fictional." This is an excerpt from the Motion to Strike he filed on May 30, 2014.
On May 30, 2014, Jason Fisher filed over 100 pages worth of documents -- Demurrer to Complaint, Motion to Strike, Proposed Order for the Demurrer and the Motion to Strike. Yes, over 100 pages!!! His Demurrer and Motion to Strike basically stated that the case should be dealt in arbitration. Why wouldn't Mr. Fisher save all that time he spent drafting these documents and simply demand arbitration???
Mr. Fisher used derogatory language to describe me and labeled my allegations as "fictional." This is an excerpt from the Motion to Strike he filed on May 30, 2014.
"However, ascertaining that basic information from the frivolous and long-winded Verified Complaint of plaintiff nearly amounts to act of futility. The Plaintiff chose to use the California judicial system to publicize her scornful account of an alleged personal relationship. Plaintiff's misplaced focus on irrelevant absurdities and overtly emotionally charged fictional allegations that are completely improper and immaterial has made a Motion to Strike by Defendants proper, if not necessary."
Apparently Mr. Fisher ignored the fact that my complaint was a VERIFIED complaint. I had sworn that everything contained there was true, under the penalty of perjury. So, Mr. Fisher was calling me a liar and claiming my complaint had "irrelevant absurdities" when, in fact, such absurdities were quotes from Victor Alfieri himself, from his deposition -- which are part of an official transcript. He also, just like Alfieri, claimed that I had made "fictional" allegations of having a relationship with Alfieri.
I have worked as an interpreter in the courts (both State and Federal) for about 20 years. I have translated hundreds, if not thousands, of orders, motions, petitions and other legal documents. And I had never seen a document drafted by an attorney that labeled the allegations as "fictional," "irrelevant" or "absurd." I have certainly heard those words during opening and closing arguments/statements in a trial or during motions... but never as a response to a complaint. I believe that Mr. Fisher's choice of words and length of his documents were intended to intimidate me --- which is something attorneys are supposed to do. I am aware of it.
A colleague of mine has assured me that such language is common in court filings in California. However, I believe that those specific words that attorney Jason Fisher chose were charged with hostility -- such hostility was evident when he and I met in person for the first time.
On August 18, 2014 - We had an Ex-Parte Protective Order Hearing. That order was granted because the judge did not take the bench. I was not even able to oppose to that order. I was expected to submit my response in writing. Please read "The Soul of the Judicial System" . I talked to Jason Fisher on the phone at 4:30 pm the day before this hearing. I asked him if he could give me a copy of what he was filing because all I got from him was a simple notice. He responded that I would get a copy the following day at 8:30 am, that we could discuss it then in front of the judge. Mr. Fisher knew this judge did not take the bench for this type of motions. How do I know this? Because the clerk told me that Mr. Fisher had called the previous day. She also told me that I should have called too to ask if I needed to respond in writing.
On August 22, 2014 -- Attorney Jason Fisher sent me a threatening letter demanding I dismiss the lawsuit against Daniela Carloni, Victor Alfieri's mother.
Do I believe Daniela Carloni played a role in this???? Absolutely. She was also the one who would beg me to call Victor back in June 2011, after we had broken up. She would call me via Skype, every single day. She would say to me, "Victor needs you. He loves you. He just doesn't know how to show it. Please don't abandon him." I would then contact Victor. He would tell me (via text) to leave him alone. I was clearly being set up for harassment.
On November 9, 2014 -- I filed an amended complaint in which Daniela Carloni and Black Knight Entertainment were no longer defendants. I decided to drop Daniela Carloni from the complaint because I knew how complicated it would be to keep her as a defendant not because my allegations against her were meritless. A couple of weeks later, Mr. Fisher emailed me a letter asking me to formally dismiss the claim against Daniela Carloni. He attached the Request for Dismissal for me to sign and mail back to him. I noticed that it stated that I would be dismissing WITH prejudice -- which means I could never sue Daniela Carloni for these allegations ever again. Why would I do that? And what type of manipulative attorney would do something like that??? When I had not returned those requests signed as he demanded, Mr. Fisher wrote to me and again threatened to seek recovery of costs and attorney's fees from me --- as if he had the right to do so.
The only reason Jason Fisher offered to file the dismissals for me was to ensure that they were dismissed with prejudice. Mr. Fisher knows that if I had an attorney, I would never be advised to dismiss with prejudice. I believe he was basically trying to trick me into doing what he wanted. I filled out my own request forms for the dismissal without prejudice and filed them in court. Mr. Fisher was not very happy and demanded an explanation as to why my dismissal was without prejudice.
On December 10, 2014 -- Mr. Fisher filed another Demurrer and Motion to Strike my Amended Complaint. This time they were only 50 pages total. However, Mr. Fisher got even more vicious with the adjectives and labels he used to describe me and my complaint.
On January 22, 2015 - We had our Demurrer Hearing. In his motion, Mr. Fisher wrote:
On March 17, 2015
I have worked as an interpreter in the courts (both State and Federal) for about 20 years. I have translated hundreds, if not thousands, of orders, motions, petitions and other legal documents. And I had never seen a document drafted by an attorney that labeled the allegations as "fictional," "irrelevant" or "absurd." I have certainly heard those words during opening and closing arguments/statements in a trial or during motions... but never as a response to a complaint. I believe that Mr. Fisher's choice of words and length of his documents were intended to intimidate me --- which is something attorneys are supposed to do. I am aware of it.
A colleague of mine has assured me that such language is common in court filings in California. However, I believe that those specific words that attorney Jason Fisher chose were charged with hostility -- such hostility was evident when he and I met in person for the first time.
On August 18, 2014 - We had an Ex-Parte Protective Order Hearing. That order was granted because the judge did not take the bench. I was not even able to oppose to that order. I was expected to submit my response in writing. Please read "The Soul of the Judicial System" . I talked to Jason Fisher on the phone at 4:30 pm the day before this hearing. I asked him if he could give me a copy of what he was filing because all I got from him was a simple notice. He responded that I would get a copy the following day at 8:30 am, that we could discuss it then in front of the judge. Mr. Fisher knew this judge did not take the bench for this type of motions. How do I know this? Because the clerk told me that Mr. Fisher had called the previous day. She also told me that I should have called too to ask if I needed to respond in writing.
On August 22, 2014 -- Attorney Jason Fisher sent me a threatening letter demanding I dismiss the lawsuit against Daniela Carloni, Victor Alfieri's mother.
"Irrespective of meritless claim(s) advanced, we are bewildered by your apparent belief that you can sue Ms. Carloni here in California, and invite to contact our office to explain under what rule or legal theory you believe you can maintain a lawsuit against a foreign citizen that resides abroad with no connection to the forum state. We would request you immediately dismiss Ms. Carloni with prejudice, and if so, we believe our client will agree to a waiver of costs. Otherwise, we will pursue recovery of costs and attorney fees against you incurred in having Ms. Carloni dismissed from this matter."Apparently Mr. Fisher's main strategy has been to threaten to recover attorney's fees from me. He used this strategy in court and the judge clearly told him there were no credible reasons for which he could claim those fees.
Do I believe Daniela Carloni played a role in this???? Absolutely. She was also the one who would beg me to call Victor back in June 2011, after we had broken up. She would call me via Skype, every single day. She would say to me, "Victor needs you. He loves you. He just doesn't know how to show it. Please don't abandon him." I would then contact Victor. He would tell me (via text) to leave him alone. I was clearly being set up for harassment.
On November 9, 2014 -- I filed an amended complaint in which Daniela Carloni and Black Knight Entertainment were no longer defendants. I decided to drop Daniela Carloni from the complaint because I knew how complicated it would be to keep her as a defendant not because my allegations against her were meritless. A couple of weeks later, Mr. Fisher emailed me a letter asking me to formally dismiss the claim against Daniela Carloni. He attached the Request for Dismissal for me to sign and mail back to him. I noticed that it stated that I would be dismissing WITH prejudice -- which means I could never sue Daniela Carloni for these allegations ever again. Why would I do that? And what type of manipulative attorney would do something like that??? When I had not returned those requests signed as he demanded, Mr. Fisher wrote to me and again threatened to seek recovery of costs and attorney's fees from me --- as if he had the right to do so.
"Thank you for your email. The requests for dismissal were completed for you and required nothing more than your signature. Kindly execute and return them to my office via email as you stated you would, so I can ensure they are filed promptly. If I do not get the dismissals back from you very soon, I may have to take further action concerning those two parties, and then would have to pursue recovery of those costs/expenses incurred from you. I would rather avoid unnecessary steps, and chasing you for money, so please sign and return both dismissal forms to me this week."
On December 10, 2014 -- Mr. Fisher filed another Demurrer and Motion to Strike my Amended Complaint. This time they were only 50 pages total. However, Mr. Fisher got even more vicious with the adjectives and labels he used to describe me and my complaint.
"Plaintiff improperly used a 41 page Complaint, reading much like a bad romance novel, to publicize her scornful account of and bitterness over an alleged relationship."It is interesting that Mr. Fisher kept calling my relationship with Alfieri an "alleged" relationship when Alfieri himself stated that we were VERY CLOSE friends during his deposition. Jason Fisher dared to also call my supporting facts "tales."
On January 22, 2015 - We had our Demurrer Hearing. In his motion, Mr. Fisher wrote:
"The issues raised in Plaintiff's FAC. unambiguously fall squarely and exclusively within the purview and language of the Production Financing Agreement arbitration clause that requires the parties to resolve all such disputes via binding arbitration."The Demurrer was sustained mainly based on that arbitration clause. But why would Jason Fisher refuse to stipulate to arbitration when that was what he was fighting for? I remember the judge asking him, "Why wouldn't you stipulate to arbitration? Isn't that what you wanted?" Please read the post "Turning a Loss Into a Win" for the whole story. Bottom line - Attorney Jason L. Fisher did all this work to this point, expecting to win, to have the case dismissed and to recover attorney's fees from me. If that was not the case and he was being paid by Alfieri, why would he refuse to accept service of the Demand for Arbitration and claim he is not Alfieri's attorney?
On March 17, 2015
We appeared in court to give an update on the arbitration process. Please read the post Lies, Negligence, or Memory Loss? for complete story on what happened during this hearing. I wrote it on March 19. A day or two after I published this post, I received a call -- (the following exchange between Jason Fisher and I is NOT verbatim. It is paraphrased but written as a conversation to make it easier to read).
A - Hello? This is Adriana.
J - This is attorney Jason Fisher.
A - Hi Jason, how are you?
J - I am calling because I heard about a blog.
A - My blog? You read it?
J - It is my understanding that my name and my law firm have been mentioned.
A - Yes, that is right. I wrote about what happened in court and how you lied to the judge.
......
J - I am calling to ask you to take down that blog.
A- The blog? I am not taking down my blog. And I will not take that specific post down either. You know I am telling the truth.
.....
J - This has nothing to do with me. The problem you have is with Victor Alfieri and not with me.
A - Actually, I DO have a problem with people who lie to a judge in open court.
----
A - I will not delete that post. But what I can do is omit your name and just leave it as "Alfieri's attorney."
And that is what I did. I removed his name and kept it off my blog until recently. Why did I change my mind? Because I FEEL that Jason L. Fisher and his law firm, Fisher Law, have "bullied" me and continue to do so. I believe that this type of conduct should not be tolerated. Mr. Fisher has a law degree and knowledge of the court system in California. I don't have such degree. But what I do have is my voice.
After four years dealing with this "court drama," I feel that I have gotten into this legal battle for a bigger reason -- to bring awareness of how abusive and manipulative opposing counsel can be toward a party that proceeds "pro per" in civil court.
Bullying and unfair abusive treatment must be reported. Nothing will change if we pretend it is not happening and ignore this issue. Let's stop BULLYING behavior. Let's stand up and speak out. We all have the right to feel safe, respected and honored.
A - Hello? This is Adriana.
J - This is attorney Jason Fisher.
A - Hi Jason, how are you?
J - I am calling because I heard about a blog.
A - My blog? You read it?
J - It is my understanding that my name and my law firm have been mentioned.
A - Yes, that is right. I wrote about what happened in court and how you lied to the judge.
......
J - I am calling to ask you to take down that blog.
A- The blog? I am not taking down my blog. And I will not take that specific post down either. You know I am telling the truth.
.....
J - This has nothing to do with me. The problem you have is with Victor Alfieri and not with me.
A - Actually, I DO have a problem with people who lie to a judge in open court.
----
A - I will not delete that post. But what I can do is omit your name and just leave it as "Alfieri's attorney."
And that is what I did. I removed his name and kept it off my blog until recently. Why did I change my mind? Because I FEEL that Jason L. Fisher and his law firm, Fisher Law, have "bullied" me and continue to do so. I believe that this type of conduct should not be tolerated. Mr. Fisher has a law degree and knowledge of the court system in California. I don't have such degree. But what I do have is my voice.
After four years dealing with this "court drama," I feel that I have gotten into this legal battle for a bigger reason -- to bring awareness of how abusive and manipulative opposing counsel can be toward a party that proceeds "pro per" in civil court.
Bullying and unfair abusive treatment must be reported. Nothing will change if we pretend it is not happening and ignore this issue. Let's stop BULLYING behavior. Let's stand up and speak out. We all have the right to feel safe, respected and honored.
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.
