Privacy

If your name has been mentioned on any of the posts of this blog and you would like to have it omitted or removed, please contact me directly. --- Adriana Trevino
Showing posts with label Service. Show all posts
Showing posts with label Service. Show all posts

Sunday, August 3, 2014

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."

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.

Friday, May 9, 2014

The Service

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 Service?

According to the official Los Angeles Superior Court website -
The law says that when you sue a person, partnership, corporation, or the government, you must give formal notice to the other side that you have started the legal process. In the same way, when you are already involved in a case and file papers with the court, you are required to give the other side notice of the paperwork you have filed. The legal way to give formal notice is to have the other side “served” with a copy of the paperwork that you have filed with the court. This is called “service of process.”
"Service of process" means that the other side must get copies of any paper you file with the court.  In “service of process” a third person (NOT you) is the one who actually delivers the paperwork to the other side.  The person who does this is called the “server” or “process server.”
Until the other side has been properly "served," the judge cannot make any permanent orders or judgments.
Process Servers can be: a friend/relative, county sheriff/marshal, professional process server, or anyone over 18 who is NOT part of the case. 







How I Got Him Served

After filing the complaint in court on April 15, 2014, I prepared copies to be delivered to Victor during the "service." Because I could not serve the papers myself and did not necessarily want to wait for the Sheriffs to deliver the papers to Victor, I got a couple of friends to help me with this task. I asked my dear friend Becky, who has worked as a professional process server in the past to act as the official server. She agreed. I also contacted my friend Alan, a talented young man with experience behind the camera, to be the videographer. 

Why a videographer? Mainly, to have proof of the service. Victor has come up with so many excuses and incredible tales in order to avoid responsibility or accountability. I did not want him to deny being "served" just as he denied ever having an intimate relationship with me.

I honestly thought that serving Victor would be much harder. I thought he would be evasive. It was much easier than anticipated. The service was done smoothly and without any complications.  







About the Video


The video was shot by my friend Alan and edited by me. Although the specific portion of the "service" is real footage, the rest was shot for entertainment purposes.  It is intended to simply poke fun at this whole situation, and specifically The Hairbrush Incident covered by TMZ Hairbrush Attack.  

Because Victor had been attacked with a hairbrush, it made sense that he would be in a better position to protect himself from future attacks if he had a hairbrush of his own. So we brought one for him as a gift... along with the summons and complaint.


A Brush With the LAW




Therese Borchard wrote in PsychCentral about how our bodies, minds and spirits begin to "mend" with a dose of humor:
  1. Humor combats fear.
  2. Humor comforts.
  3. Humor relaxes.
  4. Humor reduces pain.
  5. Humor boosts the immune system.
  6. Humor reduces stress.
  7. Humor spreads happiness.
  8. Humor cultivates optimism.
  9. Humor helps communication.

And I would add one more to this list...

       10.  Humor reminds us that what we are experiencing is simply a story.

We get to choose what type of story we want to live - a drama with non-stop suffering? An adventure full of unexpected turns and thrills?  A love story? A light-hearted comedy?  

Finding humor, especially in difficult or challenging situations, can bring so much healing and a better perspective of things.  Who said that life is supposed to be a struggle with loss and distress? Life is FUN. Let's enjoy the ride!



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.