The End of a Story

Update as of 10-15-2018 -- The Trevino vs. Alfieri case has been dismissed by both parties.  As we have agreed to move forward, the dismissed case will remain confidential.

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It has been over one year since my last post. Because I was really involved in the election season last year, I felt tempted to write several times about my views on politics and current events. I opted to not voice my opinion publicly, as I had already lost some "friends" when I expressed my views on some of the candidates. 

As to the status of my lawsuit against Alfieri, I have chosen to remain silent about it -- not only because it is one of the conditions of any arbitration proceeding, but also because that story ended years ago. Many issues in "this story" have been resolved. There is no more animosity between us -- at least, that is the way I feel. I am ready to close this chapter of my life.

What Now?

I will be going back to previous posts and will be editing some of them.  It has never been my intention to expose or hurt anyone with what I have written.  I simply wanted to give my side of the story. It was through this process that I discovered my love for writing. I will be writing my first book.  That is for certain.  What is also certain is that my first book will not be about this legal battle. This event is NOT the story. It has simply been a catalyst in the creation of new possibilities in my life.

Disclaimer – (Trevino vs. Alfieri case) 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.

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.

Above the Law

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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When I started my relationship with Victor Alfieri in 2010, he told me about all these different issues he had at that time. He was losing his California home, was getting very little work as an actor and had some debt. He showed me a court notice for a hearing to which he had to appear. It had to do with money that a credit card company was trying to collect from him.

He told me that he did not owe that money, that it was his ex-wife's debt, that she had maxed out their credit cards. I remember asking him what items had been purchased with the money owed. He pointed at his big screen tv, at the furniture. I smiled at him and said, "well, you have the items, why do you refuse to pay?" He was clearly angry and started saying that it was his ex who made the purchases, that he was not responsible. Although I believed that he should pay the balance owed, I offered to call the credit card company and/or collection agency to try to get to an agreement before the court appearance.

I did get him a $600-700 reduction. I even got them to agree to take monthly installments. I told Victor  the good news. He was not happy and said he would fight and ask the judge to order his ex-wife to pay for this debt. I asked Victor if he had gotten any other court notices. He said no.  "Everyone has the right to give their side of the story," I thought. However, I still believed he should have taken that offer.

I went to court with Victor. We were sitting in the last row of the small courtroom. He kept mocking people who were approaching the bench when their cases were called. I told him to be respectful because we were in a courtroom. Finally his case was called. He approached and stood in front of the judge.  I was surprised to hear the judge talking non-stop without giving Victor a chance to say one word. I heard the judge state that Victor had ignored all the court notices sent to him. The judge also said that Victor had been given the opportunity to respond and did not do so.

When Victor requested the opportunity to address the court, the judge loudly said, "you already had an opportunity before. Judgment in favor of plaintiff."

When we were walking out of the courthouse, Victor admitted to having received notices from the court and having ignored them, thinking they were not a big deal. I told him that when an issue is brought to civil court, it goes from the hands of the "private" parties and put in the hands of the court system.  Those notices were coming from the COURT, from a judge, I explained.

It is my opinion that Victor Alfieri believes he is above the law. He already used "the law" against me. His lawsuit contained slanderous claims about me. He used my own money to finance that lawsuit. He pocketed additional money from the budget. He finished the movie and has no intention of ever reimbursing me for my investment. And he still believes the "law" cannot touch him...  that I should "move on" and let him get away with what he did and continues doing.

I filed a complaint against him, his mother, Daniela Carloni and his two production companies on April 15th, 2014.  Alfieri was served on April 16th, 2014. See post "The Service"  for video. He has not filed an answer in court yet.  He has until May 16th to respond.

Because I have filed a "verified" complaint swearing under oath that all the statements contained in the submitted document are true and correct to the best of my knowledge, he also has to respond in a similar manner. He has to admit or deny each allegation (paragraph) of my verified complaint. And he also has to do it under oath.  It will be interesting to see his responses. I wonder if he would blatantly lie and deny facts or even statements the he, himself, previously gave under oath during his deposition.

Please go to bottom of the page for the complete complaint filed in court ---

Laws are created to govern our actions and behavior. Laws dictate what is "right" and what is "wrong," what is allowed and not allowed.  These laws are meant to protect our rights and wellbeing. In theory, laws are a great way to maintain balance and fairness. However, it is evident that there are flaws in every country's judicial system - Justice does not necessarily prevail every time.

There is an inherent "legal system" that rules human existence. It is our conscience - that inner voice that tells us when our behavior and actions are "right" or "wrong." We are our own judge. We are the toughest, least forgiving judge we will ever find. We know when we have done something that goes against our principles, morals and values. We know when we are hiding a dark truth. We are also the only ones who can ultimately forgive ourselves. That self-forgiveness can only be achieved if the "wrong" has been acknowledged and somehow rectified either with a sincere apology or proper amends for our actions. Everything can be forgiven - EVERYTHING - as long as we can regain our inner balance and peace through honest, kind, compassionate and generous actions towards others and ourselves.

Please click below [read more] for complete complaint

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.

Return On Investment

Graphic by Resource Management Systems Inc.

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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Definition of 'Return On Investment - ROI'

A performance measure used to evaluate the efficiency of an investment or to compare the efficiency of a number of different investments. To calculate ROI, the benefit (return) of an investment is divided by the cost of the investment; the result is expressed as a percentage or a ratio.

The return on investment formula:




In the above formula "gains from investment", refers to the proceeds obtained from selling the investment of interest. Return on investment is a very popular metric because of its versatility and simplicity. That is, if an investment does not have a positive ROI, or if there are other opportunities with a higher ROI, then the investment should be not be undertaken.


Keep in mind that the calculation for return on investment and, therefore the definition, can be modified to suit the situation -it all depends on what you include as returns and costs. The definition of the term in the broadest sense just attempts to measure the profitability of an investment and, as such, there is no one "right" calculation.

--- From Investopedia.com

It is clear that if we were to calculate the ROI of the Trevino-Alfieri Story, the return on my investment would be negative. And I say the Trevino-Alfieri Story because there was more than one investment in this "story." I invested in the project, the litigation, the personal relationship with him and  relationships with other people.

Film Project Investment

There is an actual movie that is "finished and ready for distribution" according to Alfieri. As I mentioned in my previous post "Final Cut," I am reserving my personal comments about what was given to me as the Final Cut. I will disclose my opinion when the time is right.

Although there is a movie that has apparently been completed, the money I invested in this film project has not been recovered yet. In fact, there is no guarantee that I will ever see any of that money. 

It is hard not to feel upset when I think of all the other things I could have done with my money. It is really difficult not to judge myself for making such a bad investment decision... for trusting someone I should have avoided from the beginning. 

Litigation

In any civil litigation the only parties that truly receive any financial gains are the attorneys. There are instances, of course, when the plaintiff gets a good settlement. This is clearly not the case in the Trevino-Alfieri Story. The attorneys involved are the only ones who received a financial benefit from this lawsuit.

Although I did not receive any financial benefit, I do feel that I got a lot of value when I hired my two wonderful attorneys, David Hakimfar and Hass Sadeghi. They listened to my story and were willing to fight for me. They believed in me and knew how to represent my interests. Their commitment to me and my case went beyond any fee agreement I reached with them. 

I did not receive any monetary "settlement" mainly due to the fact that I dismissed my lawsuit against Bondolini Productions and Victor Alfieri. However, I did get something of unquantifiable value - Alfieri's testimony under oath on video. He gave the most outrageous justifications to "evidence" of very personal communication between us. Go to The Facebook Hacker and Premeditation if you have not read those posts yet. 

Here are the videos "The Facebook Hacker" and "Premeditation." They show Victor's great imagination and "fast" thinking.

Alfieri is certainly very creative and witty. He, himself found his own answers humorous. He believes that sexual harassment is funny and nobody should feel offended by it. After all he is Italian. "That is the way they joke," and he likes to "joke like that," Read Sexual Harassment. It is quite entertaining. 

And here's the video.

Although his creative tales were very imaginative and amusing, they were lies. He lied under oath... again and again. He committed perjury. And  perjury, as we all know, is a CRIME.  Go to "Perjury" to read about the false statements given under oath by Alfieri. The post also contains a video.

Alfieri said many things during his deposition. Because he lied so much, he constantly contradicted himself. Even though his multiple versions of "what happened" did not make much sense, he seemed really proud of his statements and imaginative tales. Watch the following video. It is MEMORABLE.

Relationships

I believe that the #1 Post "To Cast and Crew"summarizes the relationship I had with everyone involved. 

Personal Relationship with Victor Alfieri

I can say that my personal relationship with Victor has definitely been a very poor investment, costing me my life savings and three valuable years... that is, if I only consider time and money. 

On the other hand, if I consider the experience, awareness, strength and courage I have gained, then it has certainly been one of the BEST investments of my life.

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.

Speaking Up

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 - October 9, 2015 -- We are still litigating this case and are in the arbitration process. No updates can be disclosed at this moment.

Now What??

Now that both lawsuits have been dismissed, the movie has no "legal" obstacles to reach distribution. Hopefully this film will generate enough revenue for everyone to recover what was invested.

Chapter Closed?

The legal chapter is closed, at least for now. I certainly do not want to have another legal battle with Victor. In fact, I would like Victor to make money with this movie. After all the challenges, heartbreaking scandal, headaches and worries, something good should come out of this.

While I cannot deny that I would like Victor to tell the truth and apologize to me, I am aware that nobody can "demand" an apology from anybody else and expect to get it.

I also know that I cannot make anyone do the "right" thing by telling the truth. If they haven't done it so far, it could be because, for them, it does not feel like the "right" thing to do.... or they are simply scared.

I will be very honest. I have also been very scared to speak up about what really happened. But hiding it, or pretending like it never happened is not an option for me or for my healing.  I am responsible for myself - for what I think, what I say, what I do... and even what I feel. Nobody is responsible for the way I feel at any given moment.  And nobody is responsible for doing anything to correct or fix anything in my life. I have complete awareness of that.

Because I have that awareness, I have chosen to share my story with whomever is willing to listen. I might inspire others to honor themselves and their truth... I might remind others of the inner strength that we all have to stand up and fight for justice with honor and integrity.

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.

Fighting Back

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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No Insurance Coverage, No Attorney, 

No Money to Fight... No Hope?

Early April, 2012 - When Victor Alfieri dismissed his lawsuit against me, I lost my insurance coverage. I was on my own again with no money to hire an attorney to pursue my legal action against Alfieri.

I reached out to my USM (University of Santa Monica) community. One of my classmates referred me to his brother, an excellent young attorney, Hass Sadeghi. I remember the first time I talked to Hass. He listened to me and the facts of my case. His kindness and sincerity were evident, even over the phone. I told him that I did not have much money. He  said that we could work something out. He lives and works in San Diego. So he suggested that it would be a good idea to partner up with a colleague of his, David Hakimfar who has offices in downtown Los Angeles and Hollywood.

Attorneys with True Vocation - To Advocate and Fight for their Clients

I met with Hass and David on April 15, 2012. We talked for a few hours. I explained to them that I really wanted to amend my cross-complaint based on omitted facts, new facts/allegations and to add Defamation as a cause of action.  I told them that I understood that nobody could guarantee that I would win the case or that I would get any of my money back (from the film production).

Dropping my lawsuit at that time would have been the "sensible" thing to do, as I had no money to fund litigation. Doing so felt so wrong to me. I wanted the opportunity to file an amended cross-complaint to tell the truth - my truth. I wanted those facts to be official and public.

Hass and David agreed to work for a reduced rate. I managed to come up with the amount required for the retainer... after cashing my IRA and using my tax return money, of course.  I don't regret making that investment. Hass and David provided outstanding representation, service and support. I can honestly say that Hass and David truly understood what my case was about and what I wanted to achieve, or at least, what I wanted to pursue with the litigation.

They agreed to file the amended cross-complaint as I drafted it.   And here's the complaint... the very same complaint my previous attorney refused to file.

[Disclaimer - This complaint was filed in July, 2012, before I learned that Alfieri had indeed finished the movie.  I recently retracted the allegations of fraud in relation to the production of the film.]

Click below to see the Proposed Amended Cross-Complaint.

Attorneys, Litigation and the Legal 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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Los Angeles Superior Court

Mission Statement

The Los Angeles Superior Court is dedicated to resolving and recording legal matters while upholding the following values:

Fairness - Administer individual justice in individual cases and treat all people with respect and dignity. Accessibility - Equally serve all people and consistently work to identify and remove barriers to access. Integrity - Protect individual rights and liberties and protect the confidentiality of court participants as required by law; develop employees who conduct themselves ethically and professionally. Responsiveness and Responsibility - Address the public's needs in an efficient, effective, courteous way, using innovative methods and maintaining accountability.                                     -- Los Angeles Superior Court, website.

This mission statement sounds reassuring, doesn't it? The problem is that in a Civil Case you will LOSE if you don't have the money for an attorney. If you are the victim in a civil matter, filing a lawsuit on your own without legal representation is risky and will probably result in dismissal or a counterclaim if the other party gets an attorney.

If you are the party that gets sued, you will certainly lose if you don't have proper legal representation. And if you don't have money to hire an attorney, it is just as if you were going to war without a shield or any weapon.

I DID NOT choose to be involved in this lawsuit. It was Victor Alfieri who initiated the legal war and the horrendous scandal.

Attorneys

Dealing with attorneys during the litigation of this case has been a saga as well. It is not my intention to say anything that might be perceived as negative. For that reason, I will be omitting real names and will use "Attorney 1,2,3..." 

August 3, 2011 - Victor Alfieri secretly withdraws the rest of MY investment from the Production bank account. He disconnects his telephone (or changes his number) and disappears for a couple of days.

During the whole month of August, Victor assures that he has merely moved the money to a different account, that the money is "intact." I demand to see proof of that. He refuses to show any evidence.

Trying to Simply Get My Money Back

September 7, 2011 - An attorney friend of mine, Attorney 1, drafts and sends a letter to Victor Alfieri and Bondolini Productions on my behalf. The letter simply asks for the money to be returned to me as it was not part of the signed agreement. I also offer to invest a portion of that amount in post-production when the money is returned to me.

September 21, 2011 - Victor Alfieri files a lawsuit against me and starts a scandal that travels around the world. Attorney 1 asks for a retainer agreement to be signed requiring immediate payment. At this point, I do NOT have any cash available. She suggests that I get a loan or ask my mother for money. It is understandable to expect to be compensated for your services. However, immediate payment is not an option for me at this time.

Embarking on the Most Challenging Legal Journey

September 26, 2011 - Attorney 2 is willing to represent me without requiring any money up front. She finds the case interesting. She actually happened to have read the articles that had been posted all over the internet even before I contacted her.

Attorney 2 does extensive work in reviewing my documents, emails, text messages, contracts etc. I believe I am in good hands. She starts communicating as my lawyer with Roger Muse, Alfieri's attorney, on September 30, 2011.  

Early October, 2011 - Attorney 2 starts doubting me and says, "Oh well, yes, he said some bad things about you, but what you did was worse. You are going to lose this case." What I did was worse??? What did I do? He is the one who sued me and slandered me! I can hear the frustration in her voice every time we talk on the phone. She is a young attorney with very little experience. She probably is intimidated by Mr. Muse and the complexity of this case. Plus, she has not been paid a penny at this point. It is time to let her go. I cannot be represented by someone who does not believe in me or my case. 

October 13, 2011 - I am referred to Attorney 3, a Harvard Law graduate, brilliant young lawyer with some experience in this type of cases. I gather all my savings to pay for the retainer. Attorney 3 assures me that he will use his time wisely and will not over bill me. The whole initial retainer is used up by November 10th when we file my cross-complaint.  I don't really have any more money to continue fighting. This attorney is charging me a minimum of $100 for every phone call we have. I start talking to friends to get referrals to other attorneys who might be able to do it on a contingency.

Early December, 2011 - I get a referral to a very successful law firm with extensive experience in high profile cases with media coverage. Attorney 4, patiently listens to me. He tells me that his law firm does not take cases on a contingency. He also suggests that I look into my renter's insurance or umbrella policy, as these policies generally cover legal defense for Defamation and Slander.

My Litigation Costs are Covered by Insurance?

Late December, 2011 - Attorney 4 was right. My renter's and umbrella policy covers this type of cases. I get Attorney 5 appointed by American Family Insurance. Attorney 5 takes a couple of weeks to find time to communicate with me. Time is crucial in this case as we have deadlines to respond to motions and filings. When I finally get to talk to Attorney 5 on the phone, she says, "this sounds like an interesting case. I have never handled anything like this before." Hearing her say that makes me feel uneasy. I decide to look for other options, other attorneys with proper experience and qualifications to handle my case.

January 6, 2011 - I meet with Attorney 6. He is partners with Attorney 4 and a very well-known attorney who knows exactly how to handle this type of cases. He has no problem confronting the media and is brilliant in his legal strategies. He meets with me for over three hours. We agree to contact American Family Insurance to ask to have him appointed as my attorney. Attorney 6 is willing to work for the rate paid by the insurance company (33% of his regular rate). He remains in constant contact with me through the whole process of trying to get American Family Insurance's approval. 

I contact American Family Insurance to voice my concerns about Attorney' 5's lack of experience in this type of cases and to ask to have Attorney 6 appointed to represent me. They demand that I first meet with Attorney 5's partner - an older attorney with more experience.  I set up an appointment to personally meet Attorney 7.

January 13, 2011 - I meet with Attorney 7 in person. Although he is a very pleasant person, it seems to me that he has not even reviewed my case when his office has had the files for over two weeks.  What I can say is that after working with this attorney for a while, he seems genuinely interested in helping me and work hard on my case. At this point, I am just concerned that his law firm has not had cases such as mine before, with slander on the media and all this entertainment gossip.

Cumis Counsel

I contact my insurance company immediately and again request Attorney 6 to be appointed to defend my case. The answer from the American Family Insurance's adjuster is NO again. I request to talk to this adjuster's supervisor. I am thinking that it will be easy to resolve this issue since it will not cost them any more to have my attorney of choice. I am paying my premiums. Therefore, I should get proper coverage and decent representation.

I talk to this supervisor on the phone. While I am asking him to please consider appointing the attorney I have selected, "shut up and listen," he says, "we will not pay for Attorney 6 to represent you. I know who he is. I have read about him on the internet. I don't like him. I don't trust him. You will have the attorney WE choose."

I hire Attorney 8 to represent me against my insurance company. I pay a reasonably low amount to retain him. Attorney 8 specializes in insurance company cases, policies, contracts etc. He believes that we can get Attorney 6. Under my policy, my insurance company is required to pay for two attorneys, their attorney and an attorney of my choice. The reason is that I would not be covered if found responsible for punitive damages. Therefore, I have the right to have two attorneys represent me... and one can be selected by me or Cumis counsel. American Family Insurance ignores Attorney 8's requests. 

February 2, 2012 - American Family Insurance offers a second choice to me, Attorney 9. He works at a huge law office with a great reputation. At this point, I still want Attorney 6 to represent me and Attorney 8 is working to get the Insurance Company to do the right thing. Per my policy with American Family, I have to cooperate with their attorney in the litigation of the case otherwise I can lose my coverage completely. So I agree to have Attorney 9 represent me while I continue pursuing the appointment of Attorney 6. Attorney 9 also agrees to represent me on the Cross-Complaint. We sign a retainer.

Discovery and Amended Cross-Complaint

I provide this attorney with multiple text messages and IM messages that clearly prove that Victor and I had an intimate relationship. Attorney 9 has a meeting with me and says, "it is almost impossible that a jury would not believe that you and Victor were in an intimate relationship." I ask Attorney 9 to please wait to provide this part of the discovery to Victor's counsel. I say to him, "as soon as we file the proposed amended cross-complaint, we can provide Alfieri with the rest of the discovery. I just want an opportunity to have this officially filed so it can become public record." Attorney 9 smiles at me while he shakes my hand, "deal!"

March, 2012 - I, myself, drafted a proposed cross-complaint including details, names and allegations that have been previously omitted. Attorney 9 added the cause of action for slander as I requested. He and his office lost touch with me for about two or three weeks.

March 22, 2012 -  American Family Insurance agrees to appointment of Attorney 6 as Cumis counsel. Now Attorney 6 wants a higher rate. So we make this request to American Family Insurance.

Loss of Coverage

April 2, 2012 -  My coverage counsel, Attorney 8, emails me a letter from American Family informing me that I no longer have coverage because the lawsuit against me has been dismissed. The lawsuit was dropped on March 30th and my "defense" attorney did not have the courtesy to inform me????  He knew that the worst that could happen to me was to have the complaint against me dismissed, as I would lose my insurance coverage and would not be able to pursue my cross-complaint.

Attorney 6 wrote to my coverage counsel the following:

"They sold her out. Now she has to fund litigation on her own so the other side expects her to fold. Should never have trusted panel counsel this is what you get."

April 3, 2012 - I finally get to talk with Attorney 9. He continues being my attorney in my lawsuit against Alfieri.  He now tells me that he is not willing to file my amended cross-complaint because it seems that it is personal retaliation. For Amended Cross-Complaint, go to "Fighting Back". In fact, he refuses to represent me anymore and threatens to file a motion to be relieved as counsel.

On that same day, I receive the following email from Attorney 6 which reflects exactly how I am feeling at this precise moment:

"You got screwed. I am sure the panel counsel conspired with the carrier and told Muse that he would have to deal with ME and to make it worse at no cost to you if they kept their complaint against you. So they dismissed. The carrier won. Muse's client won. You lost.

"No reason to meet. You cannot afford me. Sorry on this one but you played it wrong. You shouldn't have gone with the first attorney the panel selected for you."

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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.