Justice Will Prevail

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/

1. The maintenance or administration of what is just especially by the impartial adjustment of conflicting claims or the assignment of merited rewards or punishments.
2. The administration of the law; especially: the establishment or determination of rights according to the rules of law or equity.
3. The quality of being just, impartial, or fair.
4. The quality of conforming to law.
5. Conformity to truth, fact, or reason.

--- Merriam-Webster Dictionary on Line

Last Thursday I went to the Los Angeles Superior Court to refile my lawsuit against Victor Alfieri and Bondolini Productions. I went to the window and asked the lady, "what forms do I need to fill out to refile a lawsuit I had dismissed without prejudice last year?" She told me that she did not know and gave me a three-ring binder with a long list of forms used in court.  I asked two more clerks. Nobody seemed to have an answer - not even a "general" answer. The last person I asked, suggested I talked to an attorney. "Good idea," I thought, "I will contact one of the attorneys who represented me in this case."

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.

Slander, Libel and Defamation

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 found a great resource for legal definitions - ExpertLaw.com. Most of the information I am using to write this post was gathered from the ExperLaw.com website and is being typed exactly as it appears on this publication.

On September 20, 2011, Victor Alfieri filed a lawsuit against me, accusing me of slander and libel, among other things.



What Are Defamation, Libel and Slander?

Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.

Typically, the elements of a cause of action for defamation include:

1. A false and defamatory statement concerning another;
2. The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
3. If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
4. Damage to the plaintiff.

What Defenses Are Available To People Accused of Defamation?

1. The most important defense to an action for defamation is "truth", which is an absolute defense to an action for defamation.
2. A defense recognized in most jurisdictions is "opinion". If the person makes a statement of opinion as opposed to fact, the statement may not support a cause of action for defamation.
3. A defense similar to opinion is "fair comment on a matter of public interest".
4. A defendant may also attempt to illustrate that the plaintiff had a poor reputation in the community, in order to diminish any claim for damages resulting from the defamatory statements.
5. A defendant who transmitted a message without awareness of its content may raise the defense of "innocent dissemination". 

And there is an additional element that should be taken into consideration. Victor Alfieri has been an actor for almost twenty years and has appeared on numerous shows, movies, interviews, etc. He is considered a "public figure."

Public Figures

Under the First Amendment of the United States Constitution, as set forth by the U.S. Supreme Court in the 1964 Case, New York Times v Sullivan, where a public figure attempts to bring an action for defamation, the public figure must prove an additional element: That the statement was made with "actual malice". In translation, that means that the person making the statement knew the statement to be false, or issued the statement with reckless disregard as to its truth. 

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I was never afraid of losing the lawsuit. I did not commit libel or slander. All the accusations that Alfieri made against me were false.  I knew that his lawsuit had no merit.  What did scare me was not responding to this legal action. Failure to respond would have resulted in an award in his favor. 

As to my lawsuit against him, I was always aware that some of the causes of action in my cross-complaint were difficult to prove. However, I was willing to go to trial and have a jury decide.  Unfortunately, I stopped fighting because I had no financial means to continue. 

It is true that I would like to see this movie completed, released and distributed. I would love to recover some or all the money I invested.  I chose to drop the lawsuit against Alfieri because it was the best option I had at that precise time.

If asked the following question - If I only had 2 choices, which one would I choose?

1. Distribute the movie and make one million dollars on the condition that I would never tell my story- my truth to anyone; and 
2. Be able to speak up, tell my story on the condition that I don't get my money back from my investment or attorneys fees... not even one penny.

I would choose 2 without hesitation. And that might be the outcome of this whole saga, anyway - not even a penny recovered!

I am happy with my decision. I will not to sell myself out! I have chosen this path. I am willing to face the consequences with dignity and honor!

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.