ROL_2020-04-30_16k.timecode

[00:11.840 --> 00:20.800]  an ounce, silver $16.45 an ounce, copper $2.75 an ounce, oil Texas crude $55.63 a barrel,
[00:20.800 --> 00:29.080]  Brent crude $62.47 a barrel, and crypto is an order of market cap, bitcoin core $10,566.52,
[00:29.080 --> 00:40.480]  ethereum $227.26, xrp ripple $0.33, litecoin $100.31, and bitcoin cash is at $324.10 a
[00:40.480 --> 00:42.480]  crypto coin.
[00:42.480 --> 00:52.240]  Today in history, the year 1916, the Preparedness Day bombing, a timed suitcase bomb was detonated
[00:52.240 --> 00:57.560]  on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[00:57.560 --> 01:04.560]  10 and injuring 40.
[01:04.560 --> 01:09.720]  In recent news, since Gov. Greg Abbott signed House Bill 1325 legalizing hemp in a Texas
[01:09.720 --> 01:14.080]  law back in June, county prosecutors around the state, including Houston, Austin, and
[01:14.080 --> 01:18.640]  San Antonio have been dropping marijuana possession charges and even refusing to file new ones
[01:18.640 --> 01:22.560]  since they are stipulating that they do not have the time or the laboratory equipment
[01:22.560 --> 01:24.600]  to test the herb for THC.
[01:24.600 --> 01:28.240]  Margaret Moore, the Travis County District Attorney announced earlier this month that
[01:28.240 --> 01:33.160]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:33.160 --> 01:34.160]  law.
[01:34.160 --> 01:37.400]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:37.400 --> 01:41.920]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:41.920 --> 01:48.040]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works, as
[01:48.040 --> 01:51.020]  well as other cities, too, like the District Attorney.
[01:51.020 --> 01:56.900]  In El Paso, Jaime Esparza, a Democrat who also stated earlier this month that the law
[01:56.900 --> 02:01.520]  quote will not have an effect on the prosecution of marijuana cases in El Paso.
[02:01.520 --> 02:06.560]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[02:06.560 --> 02:11.040]  in Harris County who stated that quote, the law is constantly changing on what makes something
[02:11.040 --> 02:13.280]  illegal based on its chemical makeup.
[02:13.280 --> 02:17.200]  It's important that if someone is charged with something, the test matches what they're
[02:17.200 --> 02:22.440]  charged with.
[02:22.440 --> 02:27.080]  A paper by Tulane University identified a five and a half inch American pocket shark
[02:27.080 --> 02:32.200]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[02:32.200 --> 02:37.840]  shark ever captured or recorded with the other one being found way back in 1979 in the East
[02:37.840 --> 02:39.120]  Pacific Ocean.
[02:39.120 --> 02:43.640]  According to the university paper, the shark secretes a luminous fluid from a gland near
[02:43.640 --> 02:45.480]  its front fins.
[02:45.480 --> 02:50.760]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[02:50.760 --> 03:20.520]  This is Rook Rody with your lowdown for July 22nd, 2019.
[03:20.520 --> 03:30.360]  What you gonna do, what you gonna do, yeah Bad boys, bad boys, what you gonna do, what
[03:30.360 --> 03:36.280]  you gonna do when they come for you Bad boys, bad boys, what you gonna do, what you gonna
[03:36.280 --> 03:40.960]  do when they come for you When you were eight and you had bad traits
[03:40.960 --> 03:46.440]  You go to school and learn the golden rule So why are you acting like a bloody fool
[03:46.440 --> 03:51.980]  If you get hot then you must get cool Bad boys, bad boys, what you gonna do, what you
[03:51.980 --> 03:58.560]  gonna do when they come for you Bad boys, bad boys, what you gonna do, what
[03:58.560 --> 04:05.460]  you gonna do when they come for you You choke it on that one, you choke it on
[04:05.460 --> 04:06.540]  this one You choke it on your mother and you choke
[04:06.540 --> 04:07.540]  it on your father You choke it on your brother and you choke
[04:07.540 --> 04:08.860]  it on your sister You choke it on that one and you chuck it
[04:08.860 --> 04:10.660]  on me
[04:10.660 --> 04:32.240]  Bad boys, bad boys, whatcha gonna do Whatcha gonna do when they come for you?
[04:32.240 --> 04:49.760]  Okay, howdy, howdy, Randy Kelton, Brett Fountain, Rule of Law Radio on this the 30th day of
[04:49.760 --> 04:54.560]  April 2020.
[04:54.560 --> 05:00.920]  And we are here with Brett and we may have Deb on later if she gets some technical difficulties
[05:00.920 --> 05:04.000]  taken care of on her computer.
[05:04.000 --> 05:13.360]  I offered her supervision and for some reason she didn't take me up on my offer.
[05:13.360 --> 05:21.400]  And, oh, we have a caller already.
[05:21.400 --> 05:29.100]  I assume that since this call is from bad grandma in Yuma, Arizona, that she has some
[05:29.100 --> 05:32.480]  information she wants to get to us.
[05:32.480 --> 05:38.280]  So do you have something you wanted to address initially, Brett?
[05:38.280 --> 05:41.140]  No, nothing in particular.
[05:41.140 --> 05:44.440]  Let's go ahead and see what the callers have on their lines.
[05:44.440 --> 05:50.360]  I'm gonna want to talk about that latest lawyer letter you got, I really appreciate it so
[05:50.360 --> 05:51.360]  much.
[05:51.360 --> 05:52.360]  Okay.
[05:52.360 --> 05:54.360]  The churlish one.
[05:54.360 --> 05:57.680]  Yes, the churlish lawyer.
[05:57.680 --> 05:58.680]  Okay.
[05:58.680 --> 05:59.680]  Hello, Ms. Leslie.
[05:59.680 --> 06:00.680]  Hi, how are you?
[06:00.680 --> 06:01.680]  I am good.
[06:01.680 --> 06:02.680]  Can you hear me all right?
[06:02.680 --> 06:03.680]  What do you have for us?
[06:03.680 --> 06:04.680]  I can hear you just fine.
[06:04.680 --> 06:05.680]  Okay.
[06:05.680 --> 06:06.680]  What do you have for us today?
[06:06.680 --> 06:07.680]  A lot of interesting things about stupid lawyers.
[06:07.680 --> 06:08.680]  Remember Friday, we were talking about how they don't realize the things they do.
[06:08.680 --> 06:09.680]  Wait a minute.
[06:09.680 --> 06:10.680]  Wait a minute, Ms. Leslie.
[06:10.680 --> 06:34.360]  You're fading in and out.
[06:34.360 --> 06:38.480]  Remember on Friday, we were discussing how lawyers don't seem to understand the rules
[06:38.480 --> 06:47.680]  of civil procedure do not always apply when it comes to arbitration, because the rules
[06:47.680 --> 06:57.040]  of civil procedure are rigged into the arbitration law, the state and federal government rules
[06:57.040 --> 07:01.600]  of civil procedure, statutes on arbitration.
[07:01.600 --> 07:08.940]  And where it's not covered in the statute, then the civil rules apply, but there are
[07:08.940 --> 07:16.840]  things regarding service, and there are things regarding statutes of limitations, and there
[07:16.840 --> 07:24.080]  are things regarding...in specifics about service, because usually you can get served
[07:24.080 --> 07:32.720]  by process server, and that is sufficient, but if you're filing for a motion to vacate
[07:32.720 --> 07:40.720]  in a district where the party does not reside, you have to serve them after the court gives
[07:40.720 --> 07:46.120]  you an order for the U.S. marshal to serve them.
[07:46.120 --> 07:51.120]  They can't be served by process server, that's insufficient.
[07:51.120 --> 07:52.120]  That's very interesting.
[07:52.120 --> 07:57.240]  Yes, and that's if you're filing in the federal court.
[07:57.240 --> 08:02.160]  Now, if you're filing in a state court, it's different, and the rules are in the state
[08:02.160 --> 08:04.840]  court, and it's usually by sheriff.
[08:04.840 --> 08:10.440]  Now, we have an interesting case that I've been working on, and it's kept me busy all
[08:10.440 --> 08:20.520]  week, and the thing is that this lady had her...she had filed her award into the county
[08:20.520 --> 08:24.200]  court house as a foreign judgment.
[08:24.200 --> 08:31.920]  Now, you wouldn't think that an arbitration is to be considered a foreign judgment, but
[08:31.920 --> 08:33.200]  hear me out.
[08:33.200 --> 08:43.320]  When you read the laws regarding foreign judgment, it also covers anything that by statute can
[08:43.320 --> 08:48.040]  be accepted as a judgment, and that includes arbitration.
[08:48.040 --> 08:54.000]  So, she filed it as the arbitration award as a foreign judgment.
[08:54.000 --> 08:56.160]  It was created in Mississippi.
[08:56.160 --> 08:59.040]  She filed it in the state of Washington.
[08:59.040 --> 09:00.040]  It got...
[09:00.040 --> 09:10.760]  After she filed that she had served the parties, there's a requirement that you serve the party
[09:10.760 --> 09:14.560]  a notice of confirmation.
[09:14.560 --> 09:18.160]  It does not require that they respond.
[09:18.160 --> 09:25.880]  It requires that you just serve them, and immediately, if it's passed the 90-day statute
[09:25.880 --> 09:35.120]  of limitations to vacate, immediately the court is required to issue a confirmation,
[09:35.120 --> 09:38.960]  and she got her summary judgment into a confirmation.
[09:38.960 --> 09:44.640]  This was back about nine months ago.
[09:44.640 --> 09:58.040]  This past week, maybe it was Monday or Saturday, she was served only by a motion by mail that
[09:58.040 --> 10:02.880]  said that she had to appear in court in May 22nd.
[10:02.880 --> 10:07.720]  Now, she's had this judgment almost a year.
[10:07.720 --> 10:12.000]  She hasn't done anything to execute it yet.
[10:12.000 --> 10:19.040]  So, when they sent this motion, this motion is to strike her filing of a foreign judgment
[10:19.040 --> 10:21.240]  because it's not an actual judgment.
[10:21.240 --> 10:26.900]  Here she already has it confirmed, and they're trying to file something that would prevent
[10:26.900 --> 10:29.840]  it from being confirmed after it's confirmed.
[10:29.840 --> 10:43.400]  They did not file a rule to request a motion for relief from judgment or a motion to open
[10:43.400 --> 10:47.320]  a judgment or anything like that.
[10:47.320 --> 10:58.840]  She's calling for a motion to strike the notice of confirmation, and she doesn't realize that
[10:58.840 --> 11:04.240]  the notice of confirmation she's asking her to strike, the court to strike, is a notice
[11:04.240 --> 11:09.280]  like you would get when somebody's going to sue you, a notice to, not a notice to appear,
[11:09.280 --> 11:10.920]  but a notice to defend.
[11:10.920 --> 11:16.120]  That's not what this, that's a similar thing in arbitration, is a notice confirmation.
[11:16.120 --> 11:22.560]  It means that you have filed something in a court that you intend to have this award
[11:22.560 --> 11:27.400]  confirmed, and now she's asking them to strike it because it wasn't confirmed, but it's already
[11:27.400 --> 11:28.400]  been confirmed.
[11:28.400 --> 11:29.840]  Can you make any sense of this?
[11:29.840 --> 11:33.520]  I mean, this is a lawyer doing it.
[11:33.520 --> 11:34.520]  No, stop.
[11:34.520 --> 11:38.640]  Well, there's a presumption there that lawyers actually know what they're doing.
[11:38.640 --> 11:42.240]  This one doesn't, not in the first instance.
[11:42.240 --> 11:46.240]  Yeah, so you're asking me to make sense of something when the lawyer doesn't know what
[11:46.240 --> 11:47.240]  he's doing.
[11:47.240 --> 11:49.240]  It's what it sounds like.
[11:49.240 --> 11:50.240]  Yeah.
[11:50.240 --> 11:51.240]  Exactly.
[11:51.240 --> 11:53.560]  So you know what I told her to do?
[11:53.560 --> 11:55.640]  This should get a frivolous plea to you.
[11:55.640 --> 11:56.640]  Sanctions.
[11:56.640 --> 12:00.880]  Oh yes, we'll do that now.
[12:00.880 --> 12:08.220]  But tomorrow, or today she was supposed to do this, and tomorrow she is going to go and
[12:08.220 --> 12:11.520]  get a certified copy of the judgment.
[12:11.520 --> 12:18.640]  She's gonna get the writ of execution signed, and then she's going to the sheriff to foreclose
[12:18.640 --> 12:20.600]  on their biggest office building in town.
[12:20.600 --> 12:32.200]  A guy in Fort Worth did that to the IRS.
[12:32.200 --> 12:35.040]  A guy in Fort Worth did that to the IRS.
[12:35.040 --> 12:39.320]  They were supposed to send him a $6,000 check and didn't, and he went to their office and
[12:39.320 --> 12:43.280]  the sheriff started carrying furniture out of their office.
[12:43.280 --> 12:44.280]  Yep.
[12:44.280 --> 12:47.560]  They got him a check.
[12:47.560 --> 12:48.560]  I told her.
[12:48.560 --> 12:52.840]  I said, you go right ahead, I said, can you make sure you get it done?
[12:52.840 --> 12:53.840]  Yeah.
[12:53.840 --> 12:54.840]  Yes, they got a check quickly.
[12:54.840 --> 12:55.840]  Yeah.
[12:55.840 --> 13:04.040]  They did that on the same bank located in Florida when they refused to pay a legal bill.
[13:04.040 --> 13:09.640]  This woman had been foreclosed and she never had bought the house for the mortgage at all.
[13:09.640 --> 13:15.280]  She bought it from this bank and paid cash for the house.
[13:15.280 --> 13:19.160]  And then they tried to foreclose and six months later, the judge took it out, but gave them
[13:19.160 --> 13:23.120]  her attorney fee, said that you have to pay their attorney fee.
[13:23.120 --> 13:24.760]  Well, the bank never would.
[13:24.760 --> 13:30.080]  So, she got her lawyer, went to the judge and got a writ of execution and went down
[13:30.080 --> 13:36.720]  there with her in a bunch of moving vans and started to get foreclosed on the bank.
[13:36.720 --> 13:45.160]  And the bank manager locked himself in his office and got on the horn to the main office
[13:45.160 --> 13:52.040]  and they gave her a check right there and then they gave the, a sheriff a check.
[13:52.040 --> 13:53.040]  Yeah.
[13:53.040 --> 13:54.040]  Funny.
[13:54.040 --> 13:55.040]  Funny how that works.
[13:55.040 --> 14:01.040]  I told her, I said, yeah, I said, you have to do this before you have your hearing.
[14:01.040 --> 14:06.560]  And then when you go for the hearing, you know, and then I made out a, you know, a scenario
[14:06.560 --> 14:07.560]  for her.
[14:07.560 --> 14:08.880]  I said, this is what you want to have for your opening statement.
[14:08.880 --> 14:11.960]  And if she says this, this is what you have to say.
[14:11.960 --> 14:17.120]  So I, I more or less walked her through it because I'm not going to be able to be there.
[14:17.120 --> 14:21.960]  I'm too far down here and I'm not going to Washington State for anything.
[14:21.960 --> 14:22.960]  My cousin got COVID.
[14:22.960 --> 14:33.920]  I am surprised that how often courts and lawyers and judges, when you do something that's not
[14:33.920 --> 14:43.040]  usual, they simply have no idea what's going on, Don Terry, who has a show on this network,
[14:43.040 --> 14:46.920]  filed a petition for declaratory judgment.
[14:46.920 --> 14:51.240]  And they asked, they sent him a letter, the standard letter, asking him to authorize the
[14:51.240 --> 14:57.200]  magistrate and he talked to me and I said, sure, this is real easy.
[14:57.200 --> 15:02.920]  Don Terry filed a federal suit against two police officers, challenging the validity
[15:02.920 --> 15:08.920]  of the transportation code as it applies to a private individual.
[15:08.920 --> 15:14.360]  And because he filed that suit, they charged him with two felonies.
[15:14.360 --> 15:24.620]  The stated reason for the felonies was that he filed a federal lawsuit and it intimidated
[15:24.620 --> 15:27.860]  the officers.
[15:27.860 --> 15:32.280]  So they charged him with two felonies and held him in jail for 11 months.
[15:32.280 --> 15:40.700]  So we filed a petition for declaratory judgment, asking the court to rule that the filing of
[15:40.700 --> 15:47.480]  a federal lawsuit can never be construed as a crime.
[15:47.480 --> 15:56.480]  They sent it to the magistrate and the magistrate referred it back to the judge saying that
[15:56.480 --> 16:03.280]  the petition failed a state of claim in which recovery can be had.
[16:03.280 --> 16:04.680]  Duh!
[16:04.680 --> 16:14.840]  Apparently, he didn't read it because we cited the Declaratory Judgment Act and all
[16:14.840 --> 16:24.720]  the necessary law and he just could not wrap his head around something that wasn't a civil
[16:24.720 --> 16:25.720]  complaint.
[16:25.720 --> 16:31.560]  He declared it a civil complaint and sent it back to the judge.
[16:31.560 --> 16:39.860]  So today I was writing a response and I could not find a way to write the response where
[16:39.860 --> 16:51.400]  I didn't imply that the magistrate didn't have enough sense to pour urine out of a boot.
[16:51.400 --> 16:52.400]  Hang on.
[16:52.400 --> 16:57.360]  I'm going to our sponsors, Randy Carlton, Brett Fountain.
[16:57.360 --> 17:03.880]  We'll be right back.
[17:03.880 --> 17:09.800]  It's the 2019 Logos Radio Network annual fundraiser and gun giveaway, sponsored by Central Texas
[17:09.800 --> 17:10.800]  Gunworks.
[17:10.800 --> 17:14.440]  Go to LogosRadioNetwork.com and enter to win.
[17:14.440 --> 17:16.080]  Any amount is appreciated.
[17:16.080 --> 17:18.080]  Everything helps to keep us on the air.
[17:18.080 --> 17:24.520]  From Central Texas Gunworks, the grand prize up for grabs is a Spikes Tactical AR-15.
[17:24.520 --> 17:27.080]  More prizes and sponsors to be announced.
[17:27.080 --> 17:30.280]  Every $25 donation is a chance to win.
[17:30.280 --> 17:35.840]  When you purchase Randy Kelton's ebook, Legal 101, you get four chances to win.
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[17:39.560 --> 17:44.120]  If you've enjoyed the shows on Logos Radio Network, support our fundraiser so we can
[17:44.120 --> 17:48.480]  keep bringing you the best quality programming on talk radio today.
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[17:55.240 --> 18:01.240]  Go to LogosRadioNetwork.com for details and donate today.
[18:01.240 --> 18:05.560]  Logos Radio Network welcomes a new show to our lineup for the new year.
[18:05.560 --> 18:11.800]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
[18:11.800 --> 18:14.880]  Our goal is in accord with Matthew 5 16.
[18:14.880 --> 18:19.900]  Let your light so shine before men that they may see your good works and glorify your Father
[18:19.900 --> 18:21.440]  which is in heaven.
[18:21.440 --> 18:26.240]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[18:26.240 --> 18:31.800]  Join Nana and guests for both verse by verse Bible studies and topical Bible studies designed
[18:31.800 --> 18:34.920]  to provoke unto love and good works.
[18:34.920 --> 18:39.300]  Our verse by verse Bible studies will begin in the book of Matthew where we will discuss
[18:39.300 --> 18:41.080]  one chapter per week.
[18:41.080 --> 18:46.160]  Our topical Bible studies will vary each week and will explore sound doctrine as well as
[18:46.160 --> 18:48.380]  Christian character development.
[18:48.380 --> 18:54.200]  So mark your calendar and join us live on LogosRadioNetwork.com Wednesdays from 8 to
[18:54.200 --> 19:22.840]  10 p.m. starting January 8 for an inspiring and motivating discussion of the Scriptures.
[19:22.840 --> 19:52.520]  Okay, we are back.
[19:52.520 --> 19:58.480]  Randy Kelton, Brett Fountain, Rule of Law Radio on this Thursday, the 30th day of April
[19:58.480 --> 19:59.480]  2020.
[19:59.480 --> 20:08.440]  And we're talking to Leslie in Pennsylvania, no, Leslie in Yuma, Arizona, Leslie used to
[20:08.440 --> 20:10.720]  be in Pennsylvania.
[20:10.720 --> 20:15.720]  And on the break, Brett had a question and he was wondering if you could extrapolate
[20:15.720 --> 20:16.720]  on this.
[20:16.720 --> 20:22.040]  And I assured him that one thing you can get Miss Leslie to do is extrapolate.
[20:22.040 --> 20:23.520]  You asked this question.
[20:23.520 --> 20:24.800]  Randy Kelton Sure.
[20:24.800 --> 20:30.640]  Leslie, I was wondering, you mentioned something a moment ago about arbitration rules and how
[20:30.640 --> 20:35.920]  the arbitration rules kick in where they are defined and then where they're not, then you
[20:35.920 --> 20:38.360]  fall back to the civil rules.
[20:38.360 --> 20:45.360]  And I was wondering, could you, do you have handy the legal support for that, the authority
[20:45.360 --> 20:49.280]  that says that that's the way this works?
[20:49.280 --> 20:53.760]  I'm wondering if what you have for that could also be useful in criminal because we got
[20:53.760 --> 20:58.360]  some lawyers that just act so ignorant about that.
[20:58.360 --> 21:04.680]  Randy Kelton Oh, hold on, let me, I forgot to unmute her.
[21:04.680 --> 21:08.080]  Okay, I'm sorry, Miss Leslie, I didn't have you unmuted.
[21:08.080 --> 21:19.440]  Okay, they're nine USB nine, there is a, it's describing how they get a confirmation, but
[21:19.440 --> 21:24.480]  when you go down there, it tells you exactly at what time period in within one year to
[21:24.480 --> 21:25.480]  get it confirmed.
[21:25.480 --> 21:33.720]  You must file within one year, then it tells you how to file it and where to file it.
[21:33.720 --> 21:38.080]  If no court is specified in the agreement, then it has to be the United States court
[21:38.080 --> 21:45.720]  in and for the district within such a word was made, that is very specific, okay.
[21:45.720 --> 21:54.360]  The other thing is that it says that if the adverse party is the, notice of application
[21:54.360 --> 22:02.440]  shall be, no, it's not a motion, a notice to what you call respond, but a notice of
[22:02.440 --> 22:08.760]  the application shall be served upon the adverse party and the court then should have jurisdiction
[22:08.760 --> 22:11.520]  of such a party as though he appeared generally.
[22:11.520 --> 22:16.600]  If the party is a resident of the district wherein the award was made, such service shall
[22:16.600 --> 22:22.360]  be upon the birth party or his attorney as prescribed by law for service of notice of
[22:22.360 --> 22:25.360]  motion in the action in this same court.
[22:25.360 --> 22:31.520]  However, if the adverse party shall be a non-resident, then the notice of application shall be served
[22:31.520 --> 22:38.080]  by the U.S. Marshal of any district within which the adverse party may be found.
[22:38.080 --> 22:40.840]  Now, they missed that.
[22:40.840 --> 22:46.720]  When they go in, this is where they always miss, under USC 10, all they read is under
[22:46.720 --> 22:50.160]  what they can get it vacated for.
[22:50.160 --> 22:56.600]  They missed the first paragraph that says in any of the following cases, the United
[22:56.600 --> 23:06.280]  States courts in and for the district wherein the award was made, that is the only court
[23:06.280 --> 23:14.560]  in statute that may order a, prepare an order vacating the award, they don't believe that.
[23:14.560 --> 23:24.520]  But when you go to number 12 in the U.S., in USC 9, it says that the notice to vacate,
[23:24.520 --> 23:30.480]  require correct award must be served within two, three months after the award was filed.
[23:30.480 --> 23:32.560]  They never look at that.
[23:32.560 --> 23:35.320]  They never look past number 10.
[23:35.320 --> 23:37.400]  And then they go the same way.
[23:37.400 --> 23:42.440]  If the party is a resident of the district wherein the award was made, service is the
[23:42.440 --> 23:45.600]  same as anything else in that court.
[23:45.600 --> 23:52.520]  If the adverse party is a non-resident, then they must be served by U.S. Marshal, okay?
[23:52.520 --> 24:01.200]  Then it goes into U.S. Code 13.
[24:01.200 --> 24:06.900]  What papers do you need to file to get an order to confirm?
[24:06.900 --> 24:10.920]  And it gives you the list, okay?
[24:10.920 --> 24:20.560]  Now under those things, that's where it supersedes all other rules of civil procedure, the federal
[24:20.560 --> 24:22.720]  rules of civil procedure.
[24:22.720 --> 24:23.720]  Because the delivery rules-
[24:23.720 --> 24:28.440]  I guess what I was looking for is something that specifically says that we're gonna fall
[24:28.440 --> 24:35.600]  back to the civil procedure rules if there's nothing specified here.
[24:35.600 --> 24:41.680]  We're gonna fall back and we're gonna sort of fill in the holes using the default, the
[24:41.680 --> 24:42.680]  civil.
[24:42.680 --> 24:43.680]  There is a rule-
[24:43.680 --> 24:47.680]  Isn't that in the civil rules that they apply unless something else preempts them?
[24:47.680 --> 24:52.600]  It's in the civil rules of procedure, I think, that they're made something that is unless
[24:52.600 --> 24:55.600]  authorized by statute, is usually what they say.
[24:55.600 --> 24:58.280]  And this is where it's authorized by statute.
[24:58.280 --> 24:59.280]  Gotcha.
[24:59.280 --> 25:00.280]  Okay.
[25:00.280 --> 25:02.280]  I'll look that up.
[25:02.280 --> 25:03.280]  Okay.
[25:03.280 --> 25:08.480]  Now, states also have the same thing.
[25:08.480 --> 25:13.640]  They have what they call the uniform, I see we have the Federal Arbitration Act, and then
[25:13.640 --> 25:20.280]  they have the Uniform Arbitration Act, where most all states have applied it like they
[25:20.280 --> 25:21.280]  do the UCC.
[25:21.280 --> 25:24.400]  A couple of the little things might be different.
[25:24.400 --> 25:26.400]  The wording might be slightly different.
[25:26.400 --> 25:32.440]  Like in, for instance, Pennsylvania, they do have separate issues or separate statutes
[25:32.440 --> 25:34.760]  for common law.
[25:34.760 --> 25:42.720]  All of the arbitrations we have for Dale Whitman are done in Pennsylvania, in Philadelphia
[25:42.720 --> 25:46.800]  County, or the Philadelphia area.
[25:46.800 --> 25:58.640]  And so they come under the common law arbitration statutes that are available in Pennsylvania.
[25:58.640 --> 26:03.520]  I haven't seen any other ones where they have, I'm not saying they aren't any, I'm saying
[26:03.520 --> 26:10.240]  I have looked at several state arbitration statutes under the UAA, and they're not like
[26:10.240 --> 26:11.240]  Pennsylvania.
[26:11.240 --> 26:14.960]  That's the one place they're different.
[26:14.960 --> 26:18.600]  They have a lot of similar things regarding witnesses that can be called for an arbitration
[26:18.600 --> 26:26.600]  hearing and depositions that can be called for an arbitration hearing, and they're all
[26:26.600 --> 26:27.960]  the same.
[26:27.960 --> 26:33.400]  And the process is the same, but there is a difference when you get down to the common
[26:33.400 --> 26:34.560]  law arbitration.
[26:34.560 --> 26:42.520]  The requirements are different, and it's much simpler because all you do is 30 days after
[26:42.520 --> 26:47.000]  the hearing, you go and you get it confirmed, period.
[26:47.000 --> 26:51.680]  No 90 days, everybody else has to wait 90 days, but in Pennsylvania under common law,
[26:51.680 --> 26:52.680]  you don't.
[26:52.680 --> 27:00.280]  So I don't understand that, but that's the way it is.
[27:00.280 --> 27:03.000]  You know, it's different everywhere.
[27:03.000 --> 27:07.240]  We have people who have tried in many courts.
[27:07.240 --> 27:13.120]  We have a couple in Utah that are now in the court of appeals.
[27:13.120 --> 27:14.760]  I don't know how it's going to turn out.
[27:14.760 --> 27:20.720]  I hope it turns out well for them because this is the thing.
[27:20.720 --> 27:28.520]  They had an arbitration hearing, and after the hearing, the arbitrator sent out the...
[27:28.520 --> 27:34.320]  Wait, wait, hold on, you're fading in and out pretty bad there, and I'm using my mic
[27:34.320 --> 27:35.320]  to make sure it doesn't...
[27:35.320 --> 27:36.640]  I don't know why.
[27:36.640 --> 27:43.240]  If I have noise on my end, if you have noise on your end, it'll dampen the caller.
[27:43.240 --> 27:47.200]  So make sure you're not turning away from the mic.
[27:47.200 --> 27:49.200]  Do you want me to start again?
[27:49.200 --> 27:50.200]  I got the mic.
[27:50.200 --> 27:53.200]  It's permanently on my head.
[27:53.200 --> 27:55.080]  Oh, okay.
[27:55.080 --> 27:56.080]  And that's not it.
[27:56.080 --> 27:57.080]  Maybe it's the connection.
[27:57.080 --> 27:58.080]  Okay, I'm sorry.
[27:58.080 --> 27:59.080]  I'll shut up now.
[27:59.080 --> 28:00.080]  Go ahead.
[28:00.080 --> 28:01.080]  Yeah.
[28:01.080 --> 28:02.080]  The connection of the head?
[28:02.080 --> 28:03.080]  Okay.
[28:03.080 --> 28:11.800]  This couple in Utah had an arbitration.
[28:11.800 --> 28:19.040]  When they got their arbitration award, the arbitrator had a notary present the award
[28:19.040 --> 28:21.040]  to the bank.
[28:21.040 --> 28:29.840]  The bank went and put it into their foreclosure lawsuit and didn't ask the court to do anything
[28:29.840 --> 28:41.320]  with it, which they could have, because it was, at that time, a Pennsylvania arbitration
[28:41.320 --> 28:47.880]  that was...because the people were in Pennsylvania and it was created in Eastern District of
[28:47.880 --> 28:48.880]  California.
[28:48.880 --> 28:49.880]  Yeah.
[28:49.880 --> 28:51.840]  So they had it filed there.
[28:51.840 --> 28:57.440]  Well, the couple waited about 100 days or more, and then they filed it into the court
[28:57.440 --> 29:02.920]  in Utah after they got their award, because they had just moved there.
[29:02.920 --> 29:05.760]  And when she filed it...
[29:05.760 --> 29:06.760]  Oh, okay.
[29:06.760 --> 29:10.080]  That was a question I was going to ask, because you've talked about these before, where they're
[29:10.080 --> 29:18.880]  filed in one court, and then somehow the case gets in another court, it's not the one they
[29:18.880 --> 29:24.640]  filed in, and I had a question about how the jurisdictions get changed.
[29:24.640 --> 29:32.800]  In this case, because at the time they filed, they lived in Utah, and the way the contract
[29:32.800 --> 29:35.840]  was written is they have complete control and...
[29:35.840 --> 29:38.160]  Wait a minute, Lesley, you're losing me altogether.
[29:38.160 --> 29:42.920]  Brett, can you mute out in case there's some subtle sound in the background?
[29:42.920 --> 29:43.920]  Yeah.
[29:43.920 --> 29:45.520]  I'll mute out.
[29:45.520 --> 29:48.120]  I've been muted, actually.
[29:48.120 --> 29:49.120]  Okay.
[29:49.120 --> 29:50.600]  Then this has to be...
[29:50.600 --> 29:51.600]  Okay.
[29:51.600 --> 29:56.240]  Go ahead, Ms. Lesley, I'm going to mute you out to make sure there's no sound in my background
[29:56.240 --> 29:58.240]  causing this.
[29:58.240 --> 29:59.600]  Okay.
[29:59.600 --> 30:06.360]  Businesses ask you for a lot of personal information, and you may trust them to keep it safe, but
[30:06.360 --> 30:11.040]  it turns out that even the most trusted companies may be unwittingly revealing your secrets.
[30:11.040 --> 30:15.920]  I'm Dr. Catherine Albrecht, and I'll be right back with details.
[30:15.920 --> 30:17.500]  Privacy is under attack.
[30:17.500 --> 30:21.100]  When you give up data about yourself, you'll never get it back again.
[30:21.100 --> 30:25.880]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.880 --> 30:31.040]  So protect your rights, say no to surveillance, and keep your information to yourself.
[30:31.040 --> 30:33.640]  Privacy, it's worth hanging onto.
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[31:01.160 --> 31:03.960]  breached by hackers in the last year.
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[31:07.280 --> 31:12.040]  Unlike other search engines, StartPage doesn't store any data on you.
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[31:17.640 --> 31:21.120]  Too bad other companies don't treat your data the same way.
[31:21.120 --> 31:23.080]  I'm Dr. Catherine Albrecht.
[31:23.080 --> 31:30.800]  More news and information at CatherineAlbrecht.com.
[31:30.800 --> 31:31.800]  I lost my son.
[31:31.800 --> 31:32.800]  My nephew.
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[31:33.800 --> 31:34.800]  My son.
[31:34.800 --> 31:35.800]  On September 11, 2001.
[31:35.800 --> 31:38.960]  Most people don't know that a third tower fell on September 11.
[31:38.960 --> 31:42.020]  World Trade Center 7, a 47 story skyscraper.
[31:42.020 --> 31:43.200]  Was not hit by a plane.
[31:43.200 --> 31:47.040]  Although the official explanation is that fire brought down Building 7.
[31:47.040 --> 31:51.840]  Over 1,200 architects and engineers have looked into the evidence and believe there is more
[31:51.840 --> 31:52.840]  to the story.
[31:52.840 --> 31:54.240]  Bring justice to my son.
[31:54.240 --> 31:55.240]  My uncle.
[31:55.240 --> 31:56.240]  My nephew.
[31:56.240 --> 31:57.240]  My son.
[31:57.240 --> 31:58.240]  Go to buildingwhat.org.
[31:58.240 --> 32:01.080]  Why it fell, why it matters, and what you can do.
[32:01.080 --> 32:05.200]  Rule of Law Radio is proud to offer the Rule of Law traffic seminar.
[32:05.200 --> 32:07.560]  In today's America, we live in an us against them society.
[32:07.560 --> 32:11.040]  And if we the people are ever going to have a free society, then we're going to have to
[32:11.040 --> 32:13.040]  stand and defend our own rights.
[32:13.040 --> 32:16.240]  Among those rights are the right to travel freely from place to place, the right to act
[32:16.240 --> 32:20.280]  in our own private capacity, and most importantly, the right to due process of law.
[32:20.280 --> 32:24.120]  Traffic courts afford us the least expensive opportunity to learn how to enforce and preserve
[32:24.120 --> 32:25.440]  our rights through due process.
[32:25.440 --> 32:29.480]  Former Sheriff's Deputy Eddie Craig, in conjunction with Rule of Law Radio, has put together the
[32:29.480 --> 32:33.260]  most comprehensive teaching tool available that will help you understand what due process
[32:33.260 --> 32:35.640]  is and how to hold the courts to the rule of law.
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[32:39.680 --> 32:41.200]  ordering your copy today.
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[32:54.400 --> 33:02.920]  Order your copy today and together we can have the free society we all want and deserve.
[33:02.920 --> 33:06.280]  Live free speech radio, logosradionetwork.com.
[33:06.280 --> 33:13.280]  Yeah, Mr. Officer, you're taking the law in your hand.
[33:13.280 --> 33:22.280]  Won't you follow the law of the land?
[33:22.280 --> 33:25.280]  I don't understand.
[33:25.280 --> 33:32.280]  Your job is to protect and preserve, not be a abuse.
[33:32.280 --> 33:33.280]  Officer!
[33:33.280 --> 33:39.280]  When you gonna stop abuse your power?
[33:39.280 --> 33:45.280]  When you gonna stop abuse your power?
[33:45.280 --> 33:50.280]  When you gonna stop abuse your power?
[33:50.280 --> 33:56.280]  When you gonna stop abuse your power?
[33:56.280 --> 34:02.280]  So please Mr. Mack, let each officer have to abuse their power.
[34:02.280 --> 34:07.280]  Send a request to the leader, the captain of all officers.
[34:07.280 --> 34:13.280]  Tell them to uphold the law, or please don't abuse their power.
[34:13.280 --> 34:19.280]  The beat and the beat and the cheat and the cheat and the lie every hour.
[34:19.280 --> 34:26.580]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio, and we're talking to Ms.
[34:26.580 --> 34:33.080]  Leslie in Arizona and we were trying to isolate a problem with Ms. Leslie fading in and out
[34:33.080 --> 34:35.080]  and it turns out she wasn't.
[34:35.080 --> 34:40.980]  Debra tells us that she's going out okay, it's just that Brett and I are both up in
[34:40.980 --> 34:47.080]  the Dallas area, we may have a internet issue between us and Austin.
[34:47.080 --> 34:50.080]  Okay, go ahead, Leslie.
[34:50.080 --> 34:57.580]  Okay, I was thinking about the Utah case that everybody was watching and the reason they
[34:57.580 --> 35:04.080]  were watching it is because this couple had their award put into their foreclosure by
[35:04.080 --> 35:09.080]  the bank and the bank didn't ask the court to do anything with it.
[35:09.080 --> 35:14.580]  The court didn't file anything in the Eastern District of California that would say they
[35:14.580 --> 35:16.080]  wanted to vacate the award.
[35:16.080 --> 35:22.080]  They knew they had it, they put it into another court case, they failed to file any motion
[35:22.080 --> 35:29.080]  to vacate the award for any reason that they thought was applicable, so the couple waited
[35:29.080 --> 35:38.580]  100 days and then they filed into the federal court in Utah because their contract said
[35:38.580 --> 35:45.080]  that they have complete control over where they can file because that's what ruled.
[35:45.080 --> 35:52.080]  Whatever the contract says as far as confirmation, anything else cannot be, that is the only
[35:52.080 --> 36:00.580]  thing as far as that for the district court, you can specify in your contract where you
[36:00.580 --> 36:07.080]  want to have it confirmed, so they had complete control over that so they put it into the
[36:07.080 --> 36:09.080]  Utah court.
[36:09.080 --> 36:18.580]  Now they filed a notice, they mailed the notice and served the Utah representative of the
[36:18.580 --> 36:30.080]  bank and as soon as they filed an appearance, the judge dismissed the case saying that it
[36:30.080 --> 36:39.580]  was fraudulent, it was...the award was...you name it, he said it and so we took it to the
[36:39.580 --> 36:51.580]  court of appeals and in the court of appeals, everything that he had gone through, we countered
[36:51.580 --> 36:52.580]  with.
[36:52.580 --> 36:58.080]  He didn't even ask us, you know, he didn't give us an opportunity to say anything about
[36:58.080 --> 37:03.080]  what he was, you know, they have already, what would you call it, accepted the contract,
[37:03.080 --> 37:09.080]  they accepted the award, they had the award, they put it into other court cases, they are
[37:09.080 --> 37:13.080]  stopped from any kind of objection.
[37:13.080 --> 37:20.080]  The Supreme Court of the United States says that you're supposed to confirm the award.
[37:20.080 --> 37:26.080]  If there's no order to vacate the award, you must confirm it.
[37:26.080 --> 37:33.080]  Now, this implicates...Leslie, this implicates constitutional.
[37:33.080 --> 37:42.080]  There is a constitutional prohibition forbidding the courts to interfere with a private contract.
[37:42.080 --> 37:47.080]  This was the contract the judge interfered with.
[37:47.080 --> 37:51.080]  He defiled against the judge.
[37:51.080 --> 37:57.080]  Well, they're going to after, you know, after they're done with the court of appeals, that's
[37:57.080 --> 37:58.080]  their next project.
[37:58.080 --> 37:59.080]  Good.
[37:59.080 --> 38:03.080]  Because it goes on and on because they...
[38:03.080 --> 38:04.080]  Okay.
[38:04.080 --> 38:14.080]  When I filed criminal charges against federal judge McBride in Fort Worth, that really got
[38:14.080 --> 38:16.080]  his attention.
[38:16.080 --> 38:21.080]  So, it does work when they get a call from the FBI.
[38:21.080 --> 38:26.080]  And any complaint you file against the judge, the judge is going to get a call from the
[38:26.080 --> 38:27.080]  FBI.
[38:27.080 --> 38:35.080]  They didn't even wait for the other party to respond to the application.
[38:35.080 --> 38:38.080]  They just still respond to you.
[38:38.080 --> 38:41.080]  The same day that they appeared, he dropped the case.
[38:41.080 --> 38:42.080]  He dismissed the case.
[38:42.080 --> 38:43.080]  The same day.
[38:43.080 --> 38:51.080]  That's why I'm saying, that's why I'm saying he didn't enter a judgment and in entering
[38:51.080 --> 38:55.080]  the judgment failed to properly apply the law to the facts.
[38:55.080 --> 38:57.080]  That's not what he did.
[38:57.080 --> 39:03.080]  He used to respond to preemptively interfere with your private contract.
[39:03.080 --> 39:06.080]  He nullified your contract.
[39:06.080 --> 39:13.080]  He had no motion asking him to nullify your contract.
[39:13.080 --> 39:16.080]  He did that on his own.
[39:16.080 --> 39:20.080]  That's not something he has power to do.
[39:20.080 --> 39:28.080]  That's a direct violation of the prohibition in the US Constitution against the government
[39:28.080 --> 39:30.080]  interfering with private contracts.
[39:30.080 --> 39:36.080]  As soon as you get this past this judge, and when I said file criminal charges, not now.
[39:36.080 --> 39:41.080]  If you file them now, the court of appeals is going to want to protect the judge so they'll
[39:41.080 --> 39:42.080]  rule against you.
[39:42.080 --> 39:49.080]  But after you get the apparent ruling, especially if it comes back in your favor, then it's
[39:49.080 --> 39:50.080]  time to hammer the judge.
[39:50.080 --> 39:54.080]  Because when that kind of stuff happens, everybody finds out about it.
[39:54.080 --> 39:59.080]  I suspect everybody knows I filed criminal charges against Judge McBride.
[39:59.080 --> 40:00.080]  That is so rare.
[40:00.080 --> 40:03.080]  Anyway, I'll stop interrupting now.
[40:03.080 --> 40:17.080]  There was another case where this fellow was awarded against a car manufacturer finance
[40:17.080 --> 40:18.080]  company.
[40:18.080 --> 40:28.080]  And as soon as they got the award, they filed it in Utah, of all places, when it was created
[40:28.080 --> 40:33.080]  in Arizona, and the party lived in Texas.
[40:33.080 --> 40:40.080]  So they served him by process server for a case in Utah, which you're not supposed to
[40:40.080 --> 40:51.080]  do under the FAA, which is 9 USC 9.
[40:51.080 --> 40:59.400]  So that means the judge left subject matter jurisdiction ab initio.
[40:59.400 --> 41:02.080]  Not just subject matter in personam jurisdiction.
[41:02.080 --> 41:08.400]  He didn't have jurisdiction to vacate the award because it wasn't created.
[41:08.400 --> 41:12.160]  If he had subject matter, he would have in personam.
[41:12.160 --> 41:14.760]  But he didn't have subject matter.
[41:14.760 --> 41:18.080]  They couldn't get past the front door.
[41:18.080 --> 41:19.080]  Exactly.
[41:19.080 --> 41:30.080]  So he filed at arm's length to the court, he filed a motion to dismiss, and it was said
[41:30.080 --> 41:39.880]  the judge gave the opposition till June, believe it or not, to file specific answers to each
[41:39.880 --> 41:46.320]  and every item that he brought out in his motion to dismiss.
[41:46.320 --> 41:52.520]  And before that was due, which hasn't even occurred yet, they filed a motion to transfer
[41:52.520 --> 41:53.920]  the case to Texas.
[41:53.920 --> 41:58.360]  Well, I don't know what they're going to do with it in Texas, except get another motion
[41:58.360 --> 42:01.360]  to dismiss for lack of subject matter jurisdiction.
[42:01.360 --> 42:04.600]  Too late, too late.
[42:04.600 --> 42:13.460]  If it's filed in the wrong jurisdiction, the judge in that jurisdiction has no power to
[42:13.460 --> 42:16.800]  move it to another jurisdiction.
[42:16.800 --> 42:21.880]  It must be vacated and refiled in the proper jurisdiction.
[42:21.880 --> 42:22.880]  Cannot be moved.
[42:22.880 --> 42:34.040]  Well, he's filing those kinds of papers, lack of jurisdiction, to even transfer.
[42:34.040 --> 42:38.720]  A motion to move it to a proper jurisdiction is a frivolous motion.
[42:38.720 --> 42:44.520]  It can't be construed that the lawyer doesn't know better.
[42:44.520 --> 42:53.040]  If it's filed in the wrong jurisdiction, and that judge has no power other than to dismiss,
[42:53.040 --> 42:56.440]  he can do nothing else.
[42:56.440 --> 43:01.000]  He cannot transfer, and these lawyers absolutely have to know that.
[43:01.000 --> 43:05.720]  That should get a motion for sanctions.
[43:05.720 --> 43:14.880]  And that's essentially admission on the part of the lawyers that they filed in the wrong
[43:14.880 --> 43:15.880]  jurisdiction.
[43:15.880 --> 43:16.880]  Okay.
[43:16.880 --> 43:18.880]  I'll shut up now.
[43:18.880 --> 43:19.880]  Exactly.
[43:19.880 --> 43:26.680]  Well, he can't transfer jurisdiction he never had, period.
[43:26.680 --> 43:38.680]  So when this fellow, they gave him until like the 5th of May to respond to this pleading,
[43:38.680 --> 43:43.440]  and he's gonna file another motion to dismiss for lack of jurisdiction.
[43:43.440 --> 43:47.280]  Because they transferred it, they still don't have subject matter jurisdiction to begin
[43:47.280 --> 43:48.280]  with.
[43:48.280 --> 43:53.080]  And if they transferred it to Arizona, they still wouldn't have the jurisdiction to begin
[43:53.080 --> 43:57.320]  with because he wasn't served by U.S. Marshals.
[43:57.320 --> 44:00.120]  Okay, wait, wait, wait, he said he's gonna file a-
[44:00.120 --> 44:01.120]  I love logos.
[44:01.120 --> 44:04.680]  Without the shows on this network, I'd be almost as ignorant as my friends.
[44:04.680 --> 44:07.320]  I'm so addicted to the truth now that there's no going back.
[44:07.320 --> 44:08.560]  I need my truth fixed.
[44:08.560 --> 44:10.520]  I'd be lost without logos.
[44:10.520 --> 44:13.240]  And I really want to help keep this network on the air.
[44:13.240 --> 44:17.000]  I'd love to volunteer as a show producer, but I'm a bit of a Luddite, and I really don't
[44:17.000 --> 44:20.360]  have any money to give because I spent it all on supplements.
[44:20.360 --> 44:21.960]  How can I help logos?
[44:21.960 --> 44:23.920]  Well, I'm glad you asked.
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[44:27.160 --> 44:31.360]  When ordering your supplies or holiday gifts, first thing you do is clear your cookies.
[44:31.360 --> 44:37.760]  Now, go to logosradionetwork.com, click on the Amazon logo, and bookmark it.
[44:37.760 --> 44:43.400]  Now when you order anything from Amazon, you use that link, and logos gets a few pesos.
[44:43.400 --> 44:44.400]  Do I pay extra?
[44:44.400 --> 44:45.400]  No.
[44:45.400 --> 44:47.040]  Do I have to do anything different when I order?
[44:47.040 --> 44:48.040]  No.
[44:48.040 --> 44:49.040]  Can I use my Amazon pride?
[44:49.040 --> 44:50.040]  No.
[44:50.040 --> 44:51.040]  I mean, yes.
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[44:52.040 --> 44:55.880]  Giving without doing anything or spending any money, this is perfect.
[44:55.880 --> 44:56.880]  Thank you so much.
[44:56.880 --> 44:57.880]  You're welcome.
[44:57.880 --> 44:58.880]  Happy holidays, logos.
[44:58.880 --> 45:04.480]  Are you the plaintiff or defendant in a lawsuit?
[45:04.480 --> 45:09.720]  Win your case without an attorney with Juris Dictionary, the affordable, easy to understand
[45:09.720 --> 45:15.040]  four CD course that will show you how in 24 hours, step by step.
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[45:52.680 --> 46:14.920]  Please visit RuleOfLawRadio.com and click on the banner or call toll-free 866-LAW-EASY.
[46:14.920 --> 46:31.040]  If you did not have any problems, where are you going to look for one?
[46:31.040 --> 46:48.640]  Okay, we are back.
[46:48.640 --> 46:57.120]  Randy Kelton, Brett Fountain, Rule of Law Radio on this, the 30th day of April 2020.
[46:57.120 --> 47:03.760]  And we're talking to Ms. Leslie, aka Bad Grandma from Yuma.
[47:03.760 --> 47:07.480]  Okay, go ahead, Ms. Leslie.
[47:07.480 --> 47:13.040]  Okay, I was talking about this case in Texas, but it's now in Texas, originally it was filed
[47:13.040 --> 47:14.040]  in Utah.
[47:14.040 --> 47:18.920]  And the only place with subject matter jurisdiction would be Arizona.
[47:18.920 --> 47:26.800]  So he's filing another motion to dismiss because they don't have jurisdiction either.
[47:26.800 --> 47:34.360]  And the reason that the other judge would even consider moving it to Texas is because
[47:34.360 --> 47:40.280]  he had no understanding, the lawyer had no understanding in demanding it be moved to
[47:40.280 --> 47:45.040]  Texas, that Texas didn't have jurisdiction either.
[47:45.040 --> 47:53.800]  And these all must be filed within three months, they must be served by U.S. Marshals within
[47:53.800 --> 47:57.200]  three months of them receiving the award.
[47:57.200 --> 48:03.240]  Well, he was never served within three months, so they can just flip that away.
[48:03.240 --> 48:06.120]  So they won't be able to get it.
[48:06.120 --> 48:10.760]  Okay, wait, I'm thinking of how to say this.
[48:10.760 --> 48:14.660]  This is not res judicata.
[48:14.660 --> 48:25.560]  This is lack of subject matter jurisdiction as a matter of law.
[48:25.560 --> 48:34.560]  They now cannot, they fail to timely file in the proper jurisdiction.
[48:34.560 --> 48:42.100]  Filing in the wrong jurisdiction doesn't stop the clock.
[48:42.100 --> 48:50.120]  If you have a certain amount of time to file and you file in the wrong jurisdiction, that
[48:50.120 --> 48:54.660]  doesn't buy you time, clock still runs.
[48:54.660 --> 49:03.940]  It's like in foreclosure, when you're in a foreclosure case and you file some alternative
[49:03.940 --> 49:16.660]  action and the foreclosing party stops their foreclosure until your other action is completed.
[49:16.660 --> 49:25.960]  Like a friend of mine in California, they were foreclosing and we filed a challenge
[49:25.960 --> 49:31.360]  to jurisdiction and they stopped the foreclosure action while the challenge to jurisdiction
[49:31.360 --> 49:35.600]  was being heard for six years.
[49:35.600 --> 49:42.360]  And they eventually ruled against us, but the clock didn't stop.
[49:42.360 --> 49:46.500]  So the time ran out to foreclose.
[49:46.500 --> 49:52.040]  They didn't want to foreclose while there was a case going on because if they lost that
[49:52.040 --> 49:58.080]  case and they had foreclosed, they would have created a lot more harm.
[49:58.080 --> 50:05.200]  In your case, if they get a ruling in their favor and it turns out that ruling is bogus,
[50:05.200 --> 50:07.920]  then you're harmed by that ruling.
[50:07.920 --> 50:13.620]  Oh, they're not going to want to do that and then you can run the clock out.
[50:13.620 --> 50:17.160]  This is the trick we like to use to run out the clock.
[50:17.160 --> 50:21.600]  So here they filed in the wrong jurisdiction, it's their fault.
[50:21.600 --> 50:26.080]  They don't get to whine about the clock running out.
[50:26.080 --> 50:31.880]  I think the only way their clock stops running is if there's a court order forbidding them
[50:31.880 --> 50:34.000]  or restraining them from continuing.
[50:34.000 --> 50:36.560]  Is that correct?
[50:36.560 --> 50:37.560]  Exactly.
[50:37.560 --> 50:44.940]  Restraining order, if you get a restraining order against you, you didn't stop of your
[50:44.940 --> 50:46.880]  own accord.
[50:46.880 --> 50:53.460]  You could not proceed as a matter of law, so that doesn't count against you.
[50:53.460 --> 51:03.620]  It's like in a criminal case when they count the time if the accused asks for a continuance.
[51:03.620 --> 51:09.640]  When the continuance is granted, the clock stops until the reason for the continuance
[51:09.640 --> 51:14.020]  expires and then the clock starts again.
[51:14.020 --> 51:20.320]  So all of the time you delay the case counts against and stops the clock.
[51:20.320 --> 51:26.680]  The time the other side delays the case counts against it.
[51:26.680 --> 51:30.880]  In this case, they ran the clock out.
[51:30.880 --> 51:34.580]  What about if it's not clear which side is doing it?
[51:34.580 --> 51:38.440]  What if it's like right now you've got all this coronavirus stuff and there's a lot of
[51:38.440 --> 51:40.480]  extra delays?
[51:40.480 --> 51:41.480]  Just curious.
[51:41.480 --> 51:48.240]  There's a court order.
[51:48.240 --> 51:56.880]  When you read the law about bringing someone before a magistrate, and it will have to be
[51:56.880 --> 52:06.480]  in there, you must bring them within 72 hours unless there are extenuating circumstances
[52:06.480 --> 52:10.920]  that prevented you from bringing them before the court.
[52:10.920 --> 52:21.840]  You cannot be held responsible for failing to do something that there was a reasonable
[52:21.840 --> 52:25.520]  impossibility for you to do.
[52:25.520 --> 52:33.600]  So what the courts are going to say here, well, there's nothing preventing someone from
[52:33.600 --> 52:36.560]  filing a motion or an answer.
[52:36.560 --> 52:43.120]  But getting a case put on for hearing in a timely manner, if the courts are closed, you
[52:43.120 --> 52:48.000]  can't get that action put on for hearing.
[52:48.000 --> 52:55.640]  So you can't be held responsible for what it is impossible for you to do.
[52:55.640 --> 52:56.640]  And that's reasonable.
[52:56.640 --> 53:02.600]  And when you look at the law carefully, it's always reasonable.
[53:02.600 --> 53:05.040]  Go ahead, Lacey.
[53:05.040 --> 53:08.680]  I've been looking at different courts across the country, and a lot of them have standing
[53:08.680 --> 53:17.700]  orders for this COVID-19, that they will be in their offices working, and that the judges
[53:17.700 --> 53:20.240]  sometimes work from home.
[53:20.240 --> 53:25.120]  But the thing is that they do take filings, you just cannot come to the door and do it.
[53:25.120 --> 53:30.000]  You can either drop them in the box in the case of a district court, a federal court,
[53:30.000 --> 53:34.880]  or you can mail them in in the case of a local court.
[53:34.880 --> 53:42.080]  They will have their hearings by telephone, or by video, or by Skype, or by YouTube.
[53:42.080 --> 53:46.240]  They have it on their website, on the court website.
[53:46.240 --> 53:50.640]  And they're doing something that I like to see.
[53:50.640 --> 53:58.400]  I tell people that are pro se, always object to oral argument, because you're out of your
[53:58.400 --> 54:00.200]  league with a lawyer.
[54:00.200 --> 54:05.020]  They can get up there and lie to the judge, and the judge will buy it because he's a lawyer.
[54:05.020 --> 54:06.600]  So always object to it.
[54:06.600 --> 54:11.280]  Here now the judges are saying, I just had someone recently tell me the judge said to
[54:11.280 --> 54:15.160]  file your pleadings, and I'll rule on the pleadings.
[54:15.160 --> 54:17.120]  That's the way they should do it.
[54:17.120 --> 54:19.600]  So yeah, the courts should still work.
[54:19.600 --> 54:20.600]  Yeah.
[54:20.600 --> 54:27.200]  Now, one of the things I was going to tell you is that when you file to have it confirmed
[54:27.200 --> 54:35.160]  in one state, and the other state is where they have to file to have a motion to vacate,
[54:35.160 --> 54:44.080]  there is absolutely, by statute, it says that when you file a motion to vacate in that proper
[54:44.080 --> 54:50.880]  court, they can create an order to say the proceedings in any other court in the country
[54:50.880 --> 54:54.960]  where there is a motion to confirm.
[54:54.960 --> 55:01.960]  And that motion to confirm has to be stayed until the motion to vacate is heard, because
[55:01.960 --> 55:06.560]  the motion to confirm is final.
[55:06.560 --> 55:13.480]  That's 9 USC 12.
[55:13.480 --> 55:15.120]  Hello?
[55:15.120 --> 55:16.600]  Hello?
[55:16.600 --> 55:21.480]  I'm using my mic.
[55:21.480 --> 55:30.680]  That's reasonable, because a motion to vacate and a motion to confirm, if a motion to vacate
[55:30.680 --> 55:36.080]  would render the motion to confirm moot.
[55:36.080 --> 55:42.800]  So if you have the motion to confirm first, and they rule on the motion to confirm, then
[55:42.800 --> 55:47.360]  a motion to vacate is moot, so they're mutually exclusive.
[55:47.360 --> 55:48.360]  Right.
[55:48.360 --> 55:56.760]  But it's specific in the statute that if they file the motion to vacate in time before the
[55:56.760 --> 56:05.000]  motion to confirm has been heard or acted upon, within the 90 days, within the three
[56:05.000 --> 56:10.160]  months, they have to create an order to stay the motion to confirm.
[56:10.160 --> 56:11.460]  It's not the other way around.
[56:11.460 --> 56:14.480]  They can't stay a motion to vacate.
[56:14.480 --> 56:23.200]  Right, because if you have an improper ruling before the court, and you're trying to confirm
[56:23.200 --> 56:30.200]  it, and the other person files a motion to vacate, and it gets confirmed anyway, then
[56:30.200 --> 56:35.000]  they have denied you in your right to petition the court for redress of grievance.
[56:35.000 --> 56:36.000]  Exactly.
[56:36.000 --> 56:41.480]  That would be constitutional, so they would have to hear your vacate first.
[56:41.480 --> 56:42.480]  Right.
[56:42.480 --> 56:43.480]  Right.
[56:43.480 --> 56:52.720]  And like I said, this is all part of the rules of civil procedure for arbitration, and they're
[56:52.720 --> 56:55.120]  similar on each state level.
[56:55.120 --> 57:03.720]  It's almost like they adopted the federal law into an individual state law, the state
[57:03.720 --> 57:04.720]  statute.
[57:04.720 --> 57:06.720]  I am looking forward...
[57:06.720 --> 57:07.720]  Go ahead.
[57:07.720 --> 57:18.520]  I'm looking forward to getting some final rulings on this, to get this settled.
[57:18.520 --> 57:20.840]  This can be a very powerful tool.
[57:20.840 --> 57:29.240]  Well, this one girl already got hers confirmed in Washington, and it was 10 days after.
[57:29.240 --> 57:35.920]  They confirmed it gave her a summary judgment the day she filed it, the day after she filed
[57:35.920 --> 57:36.920]  it.
[57:36.920 --> 57:44.440]  The day after she filed the affidavits of service to these other parties in the state
[57:44.440 --> 57:45.440]  court.
[57:45.440 --> 57:46.440]  No.
[57:46.440 --> 57:51.440]  Generally, the clerk can sign that summary.
[57:51.440 --> 57:56.560]  Yeah, but Dave, she asked for an order.
[57:56.560 --> 58:00.480]  Here's another weird thing that happened in the same case.
[58:00.480 --> 58:01.480]  She asked for an order.
[58:01.480 --> 58:05.600]  She says, oh no, it's not an order, it's just a summary judgment right there.
[58:05.600 --> 58:13.560]  So she made him do it again, and he signed an order, but she, meaning the plaintiff,
[58:13.560 --> 58:17.280]  did not know that the judge had ever signed an order.
[58:17.280 --> 58:23.680]  Not only did she not know, but the opposition did not know, which is why they filed the
[58:23.680 --> 58:29.460]  motion to strike her notice of confirmation.
[58:29.460 --> 58:35.640]  The funny thing is, when she asked for some records in the court, and they said, we don't
[58:35.640 --> 58:36.640]  get that.
[58:36.640 --> 58:45.000]  And I said, ask her, ask the clerk, say, after almost one year in this court, why is it the
[58:45.000 --> 58:50.300]  order signed, if all you can find is a proposed order?
[58:50.300 --> 58:55.720]  The Bible remains the most popular book in the world, yet countless readers are frustrated
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[59:47.960 --> 59:52.960]  That's freestudybible.com.
[59:52.960 --> 01:00:00.640]  You're listening to the Logos Radio Network at logosradionetwork.com.
[01:00:00.640 --> 01:00:06.720]  The following newsflash is brought to you by the Lone Star Lowdown.
[01:00:06.720 --> 01:00:12.080]  Markets for Monday, the 22nd of July, 2019, open with precious metals, gold at $1,429
[01:00:12.080 --> 01:00:20.160]  an ounce, silver, $16.45 an ounce, copper, $2.75 an ounce, oil, Texas crude, $55.63 a
[01:00:20.160 --> 01:00:25.800]  barrel, Brent crude, $62.47 a barrel, and crypto is an order of market cap, Bitcoin
[01:00:25.800 --> 01:00:37.480]  Core, $10,566.52, Ethereum, $227.26, XRP, Ripple, $0.33, Litecoin, $100.31, and Bitcoin
[01:00:37.480 --> 01:00:42.760]  Cash is at $324.10 a crypto coin.
[01:00:42.760 --> 01:00:52.320]  Today in history, the year 1916, the Preparedness Day bombing, a time suitcase bomb, was detonated
[01:00:52.320 --> 01:00:57.640]  on Market Street in San Francisco during the World War I Preparedness Day parade, killing
[01:00:57.640 --> 01:00:59.640]  10 and injuring 40.
[01:00:59.640 --> 01:01:04.640]  Today in history.
[01:01:04.640 --> 01:01:09.280]  In recent news, since Governor Greg Abbott signed House Bill 1325, legalizing hemp in
[01:01:09.280 --> 01:01:13.880]  a Texas law back in June, county prosecutors around the state, including Houston, Austin,
[01:01:13.880 --> 01:01:17.960]  and San Antonio, have been dropping marijuana possession charges and even refusing to file
[01:01:17.960 --> 01:01:22.600]  new ones since they are stipulating that they do not have the time or the laboratory equipment
[01:01:22.600 --> 01:01:24.680]  to test the herb for THC.
[01:01:24.680 --> 01:01:28.320]  Margaret Moore, the Travis County District Attorney, announced earlier this month that
[01:01:28.320 --> 01:01:32.920]  she was dismissing 32 felony possession and delivery of marijuana cases because of the
[01:01:32.920 --> 01:01:33.920]  law.
[01:01:33.920 --> 01:01:37.480]  Mr. Abbott and other state officials, including the Attorney General, stipulated in a letter
[01:01:37.480 --> 01:01:41.960]  to county district attorneys back on Thursday that marijuana has not been decriminalized
[01:01:41.960 --> 01:01:48.120]  in Texas and that these actions demonstrate a misunderstanding of how HB 1325 works.
[01:01:48.120 --> 01:01:54.440]  As well as other cities, too, like the District Attorney in El Paso, Jaime Esparza, a Democrat,
[01:01:54.440 --> 01:01:58.840]  who also stated earlier this month that the law, quote, will not have an effect on the
[01:01:58.840 --> 01:02:01.560]  prosecution of marijuana cases in El Paso.
[01:02:01.560 --> 01:02:06.640]  However, the issue was succinctly summarized by Mr. Brandon Ball, an assistant public defender
[01:02:06.640 --> 01:02:11.120]  in Harris County who stated that, quote, the law is constantly changing on what makes something
[01:02:11.120 --> 01:02:13.360]  illegal based on its chemical makeup.
[01:02:13.360 --> 01:02:17.240]  It's important that if someone is charged with something, the test matches what they're
[01:02:17.240 --> 01:02:22.480]  charged with.
[01:02:22.480 --> 01:02:27.120]  A paper by Tulane University identified a five and a half inch American pocket shark
[01:02:27.120 --> 01:02:32.240]  as the first of its kind in the Gulf of Mexico, the specimen being only the second pocket
[01:02:32.240 --> 01:02:37.520]  shark ever captured or recorded, with the other one being found way back in 1979 in
[01:02:37.520 --> 01:02:39.120]  the East Pacific Ocean.
[01:02:39.120 --> 01:02:43.640]  According to the university paper, the shark secretes a luminous fluid from a gland near
[01:02:43.640 --> 01:02:45.480]  its front fins.
[01:02:45.480 --> 01:02:50.600]  For the purpose, it is hypothesized to lure and prey who may be drawn into the glow.
[01:02:50.600 --> 01:03:05.960]  This is Rook Roadie with your lowdown for July 22nd, 2019.
[01:03:05.960 --> 01:03:21.040]  Hi.
[01:03:51.040 --> 01:04:19.720]  Okay, we are back, Randy Kelton, My Bad, and Breath Fountain, here with Leslie in Arizona
[01:04:19.720 --> 01:04:30.400]  and my bad, Leslie called in, but Leslie calls in and generally she has a lot to talk about
[01:04:30.400 --> 01:04:36.800]  so we generally have her call in on the guest bridge and I saw the call on the guest bridge
[01:04:36.800 --> 01:04:44.920]  and didn't realize she was on the guest bridge so I never turned on the phone bridges, but
[01:04:44.920 --> 01:04:53.640]  I turned them on now. Phone lines are open, 512-646-1984. If you have a question or comment,
[01:04:53.640 --> 01:05:00.320]  give us a call. We'll actually take your calls. Okay, go ahead, Leslie.
[01:05:00.320 --> 01:05:08.760]  Okay, I was talking about this woman that she was waiting for this order to come from
[01:05:08.760 --> 01:05:16.720]  the court so they redid the case again so they gave her a written thing that she didn't
[01:05:16.720 --> 01:05:22.560]  even know about so when she asked for other records they said, well, we can't find this.
[01:05:22.560 --> 01:05:26.520]  We can't find the order and she said, well, there has to be an order. She said, did you
[01:05:26.520 --> 01:05:31.120]  misplace it or something and then they finally found it. So now she ordered five copies of
[01:05:31.120 --> 01:05:41.600]  this summary judgment order that they gave her, but it's been done twice.
[01:05:41.600 --> 01:05:48.800]  Hold on, it's been jumped twice? It's been done twice. First the clerk entered
[01:05:48.800 --> 01:05:55.000]  it as a judgment, then they ordered a summary judgment that the judge signed.
[01:05:55.000 --> 01:06:03.280]  Yeah, that's how it's done. You take summary judgment into the clerk and the clerk looks
[01:06:03.280 --> 01:06:09.640]  at it and you say, okay, I filed this on this day at this time. I gave service on this day
[01:06:09.640 --> 01:06:18.440]  at this time. And then the clerk will go into the record and look to see if she sees a response
[01:06:18.440 --> 01:06:24.800]  within the statutory time limit. If she doesn't see a response within the statutory time limit,
[01:06:24.800 --> 01:06:32.440]  he signs the order. And that tells the judge that the clerk has looked in the record and
[01:06:32.440 --> 01:06:39.080]  there was no timely response and then the judge will sign the final order. The clerk
[01:06:39.080 --> 01:06:40.080]  has no power-
[01:06:40.080 --> 01:06:43.760]  Wait, you're doing a-
[01:06:43.760 --> 01:06:44.760]  Go ahead.
[01:06:44.760 --> 01:06:46.760]  Go ahead. Okay. In arbitrary-
[01:06:46.760 --> 01:06:57.320]  I was saying that the clerk has no power to actually- Okay, we're talking over each other.
[01:06:57.320 --> 01:07:00.320]  Go ahead, Liz.
[01:07:00.320 --> 01:07:05.680]  The arbitration itself is like a judgment already that you need to be confirmed by another
[01:07:05.680 --> 01:07:13.480]  judge. So what they do is they say, well, for 90 days in the state of Washington, you
[01:07:13.480 --> 01:07:20.840]  have to object to this or get a motion to vacate and you can only do it on so many grounds
[01:07:20.840 --> 01:07:26.000]  and they're listed in state and federal law and they're very similar. And it goes down
[01:07:26.000 --> 01:07:32.360]  to fraud or misconduct or corruption, three reasons basically. So unless they can prove
[01:07:32.360 --> 01:07:38.920]  that, then after 90 days, that's set in stone. So all she has to do is take it down and have
[01:07:38.920 --> 01:07:45.120]  a judge confirm it. So as soon as she proves that she has served these people, she doesn't
[01:07:45.120 --> 01:07:54.960]  have to wait 20 days. She can't get a judgment just on that because the Supreme Court said,
[01:07:54.960 --> 01:08:06.000]  if there is no order to vacate this award, then you have to confirm it. There's no if,
[01:08:06.000 --> 01:08:15.840]  ands, buts, or maybes. That's if that's been case decisive, tiring decisive, siren decisive.
[01:08:15.840 --> 01:08:25.800]  Yeah. Let me see. There's a famous case that was done in January of last year, Archer,
[01:08:25.800 --> 01:08:32.960]  Shine v. Archer, Archer v. Shine. Yeah, Shine v. Archer, I think. And that it did right
[01:08:32.960 --> 01:08:40.080]  there. And that's what it said. If you don't agree with the award, that's too bad because
[01:08:40.080 --> 01:08:47.200]  they can even go against stated law or social, you know, whatever they, whatever they think
[01:08:47.200 --> 01:08:57.840]  is right, stand. You can't second guess what they decide. So it becomes residue. Yes. You
[01:08:57.840 --> 01:09:05.880]  can only confirm it. And confirmation is nothing more than saying nobody has vacated this award.
[01:09:05.880 --> 01:09:23.960]  That's all it is. It's settled. You know? So do you have, do you have any that are completed?
[01:09:23.960 --> 01:09:31.120]  In what, through the court system? Just this one in. The award was, the award was given
[01:09:31.120 --> 01:09:41.400]  and the appeals or objections have been exhausted. No, only this one that she was getting ready
[01:09:41.400 --> 01:09:46.080]  to get it executed. And these people come in with a stupid motion. So she's going to
[01:09:46.080 --> 01:09:50.600]  get, like I said, she's going to go foreclose on them this week, but that's it. That's the
[01:09:50.600 --> 01:09:55.640]  one that we have. That would be very interesting to see how that happens. To see what happens
[01:09:55.640 --> 01:10:08.480]  when they go in there to foreclose and start carrying the furniture out. This is too funny.
[01:10:08.480 --> 01:10:15.800]  And it's not like she has a big award. Her award isn't. I was concerned. Leslie, I was
[01:10:15.800 --> 01:10:21.880]  concerned that, you've been on an hour now and I was concerned that we weren't going
[01:10:21.880 --> 01:10:36.880]  to get the opportunity to hear, to hear that evil laugh. Yeah. Yeah. There's just something
[01:10:36.880 --> 01:10:43.920]  really evil and devious about that. We have another case where there's a fellow that you
[01:10:43.920 --> 01:10:51.160]  know, they've been, go ahead. I was just going to say we have Tina on the line and I suspect
[01:10:51.160 --> 01:11:00.440]  she's going to have a comment on topic. Let me bring in Tina. Hello, Tina. Let's see that
[01:11:00.440 --> 01:11:07.000]  didn't take. There we go. Okay. Tina. Yeah. I'm not sure that they, are you there? Yes,
[01:11:07.000 --> 01:11:21.760]  I'm here. Can you hear me? There I can hear you. Do you have a comment on point to what
[01:11:21.760 --> 01:11:30.720]  Ms. Leslie was talking about, about these arbitration awards? No, because I don't know
[01:11:30.720 --> 01:11:36.560]  enough about them and I'm not eligible to do one because my property is gone. Otherwise
[01:11:36.560 --> 01:11:46.200]  I would have had one on the go already with Ms. Leslie and I wish I could. But unfortunately
[01:11:46.200 --> 01:11:52.440]  Ms. Leslie says that there is no hope for me in that. I have a comment on something
[01:11:52.440 --> 01:12:00.680]  else. I'm looking at helping a couple of people file federal lawsuits. One of them is, is
[01:12:00.680 --> 01:12:11.480]  Don Terry. We filed a petition for declaratory judgment. And if, when we get the judgment,
[01:12:11.480 --> 01:12:17.160]  then we have res judicata. Then we come back and file the lawsuit against the jurisdiction.
[01:12:17.160 --> 01:12:23.700]  And then I want to talk to Ms. Leslie about how to set this up so that we can run the
[01:12:23.700 --> 01:12:31.200]  arbitration routine on this jurisdiction. This is a municipality in Georgia, I'm sorry,
[01:12:31.200 --> 01:12:42.360]  in Alabama. I'm going to want to run that on them. Okay, Ms. Leslie. Do you have anything
[01:12:42.360 --> 01:12:49.520]  else for us? Have we addressed everything or have we missed something? Ms. Leslie or
[01:12:49.520 --> 01:12:58.200]  me? Yeah, I was talking to Ms. Leslie. Oh, Oh, okay. Well I was going to tell you about
[01:12:58.200 --> 01:13:04.400]  this other case that we do have. I was thinking we do have one other that was finished and
[01:13:04.400 --> 01:13:15.260]  he sold his to an investor in Australia for 80% of the value. But they wanted to have
[01:13:15.260 --> 01:13:19.960]  a transcript. They needed to have a panel poll. They needed to have a recording of the
[01:13:19.960 --> 01:13:34.020]  hearing to make sure it actually happened. But he sold it for millions. Okay. This was
[01:13:34.020 --> 01:13:47.540]  an investor in Australia? Yeah, he bought the award. Wait a minute. An investor in Australia
[01:13:47.540 --> 01:13:58.160]  bought the award? Yeah, a man in California got an award from our firm and he later sold
[01:13:58.160 --> 01:14:09.720]  it to an investor in Australia or New Zealand down there somewhere down under. Yeah. Well,
[01:14:09.720 --> 01:14:14.280]  that's interesting. While we were on the, just when we got on the air, I got a telephone
[01:14:14.280 --> 01:14:19.160]  call and it probably went out over the air because I didn't have the ringer cut off and
[01:14:19.160 --> 01:14:26.360]  it was someone from Australia calling me about a case down there. So let me talk to them
[01:14:26.360 --> 01:14:32.700]  about this. That's interesting that an investor bought the award, that the investor must have
[01:14:32.700 --> 01:14:43.160]  had sufficient confidence in securing payment and that's good to hear. Yeah. Well, he wanted
[01:14:43.160 --> 01:14:48.560]  a lot of different information about who the people were, who the other parties were. And
[01:14:48.560 --> 01:14:55.320]  he wanted basically from Dun and Bradstreet, we gave him what Dun and Bradstreet had and
[01:14:55.320 --> 01:15:01.680]  I supplied him with the recordings of the, the recordings of the hearing that I used
[01:15:01.680 --> 01:15:13.280]  for transcribing the hearing. That's interesting because it puts in a third party and this
[01:15:13.280 --> 01:15:20.720]  third party is essentially a ringer. It's an investor and the investor is likely to
[01:15:20.720 --> 01:15:30.040]  have more clout with the courts than a pro se litigant. Yes. Exactly. So I really liked
[01:15:30.040 --> 01:15:42.240]  that idea. So that raises a question. What state was this award granted in? Philadelphia
[01:15:42.240 --> 01:15:52.600]  and Pennsylvania. Pennsylvania. So that would mean that Champertie. Okay. Are you familiar
[01:15:52.600 --> 01:16:07.320]  with the term Champertie? Champertie and maintenance? Yes. Are you there? Yeah, I'm here. Okay.
[01:16:07.320 --> 01:16:13.520]  You are fading out really bad. I'm not, okay. Now you're, now you're back in. Are you familiar
[01:16:13.520 --> 01:16:28.880]  with Champertie and maintenance? Yes. Okay. So is that legal in Pennsylvania? No. I didn't
[01:16:28.880 --> 01:16:38.840]  get that. You broke up. Can you? No, I don't think it is. Okay. If that's the case, then
[01:16:38.840 --> 01:16:48.480]  selling the award is a problem. You can only do that if Champertie and maintenance is authorized.
[01:16:48.480 --> 01:16:58.280]  Can't you sell a judgment? That may be different. I'm not sure about a judgment. A Champertie
[01:16:58.280 --> 01:17:05.040]  and maintenance. Logos Radio Network welcomes a new show to our lineup for the new year.
[01:17:05.040 --> 01:17:11.320]  Scripture Talk with Nana will begin Wednesday, January 8th from 8 to 10 p.m. Central Time.
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[01:17:27.560 --> 01:17:32.920]  verse-by-verse Bible studies and topical Bible studies designed to provoke unto love and
[01:17:32.920 --> 01:17:38.160]  good works. Our verse-by-verse Bible studies will begin in the book of Matthew where we
[01:17:38.160 --> 01:17:43.480]  will discuss one chapter per week. Our topical Bible studies will vary each week and will
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[01:19:02.160 --> 01:19:19.560]  This is the Logos Logos Radio Network.
[01:19:19.560 --> 01:19:25.080]  We are back. Randy Kelton, Brett Fountain, Real Law Radio and we're talking with Leslie
[01:19:25.080 --> 01:19:31.760]  in Yuma. When we went out, I was talking about champerty as applied to a judgment and over
[01:19:31.760 --> 01:19:39.120]  the break, had a chance to kind of think about it. Actually, a judgment is private property
[01:19:39.120 --> 01:19:47.160]  as opposed to champerty. Champerty and maintenance is where you have a claim but you don't have
[01:19:47.160 --> 01:19:52.520]  the funds to adjudicate the claim. Someone else can buy your claim and then they can
[01:19:52.520 --> 01:19:58.040]  adjudicate it. That's called champerty and maintenance. Some states allow it, some states
[01:19:58.040 --> 01:20:05.520]  don't. Some states don't allow it because they're concerned that it will cause excessive
[01:20:05.520 --> 01:20:11.600]  or frivolous litigation and other states allow it because it allows people who otherwise
[01:20:11.600 --> 01:20:19.440]  would not be able to afford the litigation like when a large insurance company refuses
[01:20:19.440 --> 01:20:25.360]  to pay a claim. If you don't have, if you need the money and you don't have the money,
[01:20:25.360 --> 01:20:28.560]  you don't have the money to fight the insurance company. So you can sell it to a lawyer and
[01:20:28.560 --> 01:20:32.800]  a lawyer can, or to anybody, you can sell it to somebody else and they can hire a lawyer
[01:20:32.800 --> 01:20:39.640]  and adjudicate the claim. But in this case, a judgment would not fall under that because
[01:20:39.640 --> 01:20:47.640]  the judgment is raised due to CAHTA, it is considered property. Okay, I've clarified
[01:20:47.640 --> 01:20:54.160]  my ignorance. Okay, do you have anything else? Leslie.
[01:20:54.160 --> 01:21:07.680]  No, no, no. I'm there if you need me. I'm sorry, Leslie, you're fading out completely.
[01:21:07.680 --> 01:21:14.840]  I said, I'm there when you need me. Okay, then I'm going to go to Tina in California.
[01:21:14.840 --> 01:21:20.560]  Hello Tina. Hello. Well, congratulations Ms. Leslie for getting
[01:21:20.560 --> 01:21:29.080]  that judgment sold for that much. Normally judgments do not sell for any more than 50%
[01:21:29.080 --> 01:21:35.960]  of the value of them. Okay. Brett and I must have a, are you still,
[01:21:35.960 --> 01:21:45.960]  is Tina fading out on you, Brett? Yeah, seriously. I think it could be the connection, the Skype
[01:21:45.960 --> 01:21:49.360]  connection because it's got, it's happening for both of us.
[01:21:49.360 --> 01:21:57.520]  So it's probably us when we go to their next break, then Brett and I will reconnect. Maybe
[01:21:57.520 --> 01:22:02.080]  we can fix this issue. Okay. Start again, Tina. You faded out completely.
[01:22:02.080 --> 01:22:10.080]  Okay. Well, I was congratulating Ms. Leslie on getting a judgment sold for 80%. Normally
[01:22:10.080 --> 01:22:17.440]  a judgment is not sold for any more than 50% of the value because it costs money to collect
[01:22:17.440 --> 01:22:24.480]  it. So that's absolutely awesome. I've never heard of a judgment selling for 80%. And hurry
[01:22:24.480 --> 01:22:29.480]  up Ms. Leslie and find a way to get me one of those arbitration awards after the property's
[01:22:29.480 --> 01:22:39.520]  gone. But I called in to tell you that, remember we filed some bar complaints in Florida for
[01:22:39.520 --> 01:22:51.280]  my friend and he got a letter back just the other day saying that, you know, the Florida
[01:22:51.280 --> 01:22:57.200]  bar regulates attorney conduct and disciplinary action is warranted is taken against the attorney.
[01:22:57.200 --> 01:23:02.360]  You state that the attorney is violating applicable law on court rules in connection with a mortgage
[01:23:02.360 --> 01:23:07.640]  foreclosure case. This is a matter must be addressed by the court. The Florida bar is
[01:23:07.640 --> 01:23:12.880]  not a substitute for the judiciary. The matters which your allegations of premise involve
[01:23:12.880 --> 01:23:19.360]  a civil dispute and present questions of law. The Florida bar is not the correct forum in
[01:23:19.360 --> 01:23:24.800]  which to have such legal issues adjudicated and resolution of these issues must be left
[01:23:24.800 --> 01:23:30.240]  to the appropriate tribunal. The Supreme Court of Florida has ruled that the disciplinary
[01:23:30.240 --> 01:23:35.920]  process and proceedings are not to be used as a substitute for civil proceedings and
[01:23:35.920 --> 01:23:41.840]  remedies. This determination does not preclude you from consulting a private attorney and
[01:23:41.840 --> 01:23:46.960]  exercising any legal remedies which may be available to you. In the event the proper
[01:23:46.960 --> 01:23:55.080]  tribunal enters a finding or order which supports your allegations concerning the attorney in
[01:23:55.080 --> 01:24:02.200]  this regard, you may resubmit your complaint with a copy of such findings or order for
[01:24:02.200 --> 01:24:08.440]  consideration. This case has been closed. Now what we had put, one of the things we
[01:24:08.440 --> 01:24:15.800]  had put in the complaint is that the Honorable Judge Howard Cote stated that if Ms. Villalas
[01:24:15.800 --> 01:24:25.040]  claim is true, and that is James' former attorney, that Mr. Hood did indeed mislead, lie and
[01:24:25.040 --> 01:24:30.680]  act with less than candor to the court, it is an issue that needs to be referred to the
[01:24:30.680 --> 01:24:39.040]  Florida bar. We even included the exhibit with the lines where the judge had stated
[01:24:39.040 --> 01:24:44.960]  that. Hence this complaint has been filed to bring attention to the state bar for the
[01:24:44.960 --> 01:24:51.800]  fraudulent conduct of Mr. Hood. We talked about what he did and he stated that just
[01:24:51.800 --> 01:24:57.480]  for the record again I object to any reliance on the deposition which the court properly
[01:24:57.480 --> 01:25:05.560]  overruled. We went on to include the exhibit and we did something about the fraud when
[01:25:05.560 --> 01:25:13.200]  used in these rules, the terms fraud or fraudulent refer to conduct that has a purpose to deceive,
[01:25:13.200 --> 01:25:20.080]  which is against the Florida and any of the business and professional rules of conduct.
[01:25:20.080 --> 01:25:23.920]  So where do we go here?
[01:25:23.920 --> 01:25:37.940]  Okay. How upset and angry is this guy? Is he angry enough to sue the bar?
[01:25:37.940 --> 01:25:45.440]  If I would find a way to help him write the suit, yes, but he's just overwhelmed with
[01:25:45.440 --> 01:25:51.800]  all the stuff he's got going on, but I'm sure we could persuade him if I could find a way
[01:25:51.800 --> 01:25:54.440]  to figure out how to write it, yes.
[01:25:54.440 --> 01:26:05.040]  Well, you have a case here where the judge at least stated, did the judge, did the judge
[01:26:05.040 --> 01:26:14.920]  accuse the lawyer of acting inappropriately and referred the litigant to the state bar
[01:26:14.920 --> 01:26:26.160]  association and he followed the judge's recommendation and then the state bar association rejected
[01:26:26.160 --> 01:26:34.400]  the complaint for failing to do what he actually had done. That indicates that the state bar
[01:26:34.400 --> 01:26:45.560]  failed to act in good faith. Now the state bar, if it receives public funds, then they
[01:26:45.560 --> 01:26:54.280]  have misappropriated public funds. This sounds like from what I heard, you were kind of fading
[01:26:54.280 --> 01:27:02.440]  in and out, so I want to make sure I got all of this right. If the judge accused the lawyer
[01:27:02.440 --> 01:27:12.160]  of acting improperly and the bar refused to act on the complaint because he needed the
[01:27:12.160 --> 01:27:20.360]  judge to make a ruling that the lawyer acted improperly when the judge already did, that
[01:27:20.360 --> 01:27:25.840]  shows that they're just scamming the system. They're taking public money and then they're
[01:27:25.840 --> 01:27:36.360]  not providing a service, so sue them for what they, the funds they get in a year. That's
[01:27:36.360 --> 01:27:39.160]  going to look really bad for the bar.
[01:27:39.160 --> 01:27:45.880]  Okay, misappropriating public funds. Well, it would be interesting to do that. Would
[01:27:45.880 --> 01:27:47.920]  you sue them in state court?
[01:27:47.920 --> 01:27:48.920]  Yes.
[01:27:48.920 --> 01:27:52.320]  Or federal, in state court?
[01:27:52.320 --> 01:28:04.760]  Unless the bar receives federal funds, which I doubt, but it's not about winning the case.
[01:28:04.760 --> 01:28:17.280]  It's about dragging the bar through, the whole state bar through the mud. It's about politics.
[01:28:17.280 --> 01:28:27.760]  And then you talk to Ms. Leslie and see if you can't set up the suit where you run arbitration
[01:28:27.760 --> 01:28:32.080]  on them. Ms. Leslie, are you there?
[01:28:32.080 --> 01:28:37.160]  Yes sir, I am.
[01:28:37.160 --> 01:28:43.020]  How would we set them up? How would we set up the bar? We sue the bar for misappropriation
[01:28:43.020 --> 01:28:50.200]  of public funds. How do we set them up for an arbitration award?
[01:28:50.200 --> 01:28:57.680]  When they make you an offer, you make them a counteroffer. It's that simple.
[01:28:57.680 --> 01:29:03.440]  What kind of offer would they be offering if you sue them? They just go for dismissal.
[01:29:03.440 --> 01:29:10.920]  Oh, oh, okay. I had to think about that a second, Tina. You sue the bar, you ask the
[01:29:10.920 --> 01:29:16.880]  court to order mediation, and the bar is going to say, oh yeah, wonderful. We'll give you
[01:29:16.880 --> 01:29:25.880]  five bucks. Well, they made an offer. Would that be enough, Leslie? And then you make
[01:29:25.880 --> 01:29:34.080]  a counteroffer. You want five million bucks. And now you have an offer and counteroffer.
[01:29:34.080 --> 01:29:36.680]  From there, Ms. Leslie, how do we get them set up?
[01:29:36.680 --> 01:29:40.960]  The counteroffer includes an arbitration, yes. The counteroffer would include an arbitration
[01:29:40.960 --> 01:29:41.960]  agreement.
[01:29:41.960 --> 01:29:49.040]  Oh, so you file a counteroffer and, okay, hold on, make sure I get this right.
[01:29:49.040 --> 01:29:51.160]  Including the counteroffer.
[01:29:51.160 --> 01:29:55.700]  You don't ask the judge to run off the cliff. We're about to go break. This is the first
[01:29:55.700 --> 01:30:00.160]  time I didn't run off the cliff. We'll be right back.
[01:30:00.160 --> 01:30:08.800]  Reality TV, sugar, obesity, jet lag, the list of things that makes us dumber just keeps
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[01:31:21.520 --> 01:31:31.400]  I'm Dr. Catherine Albrecht for StartPage.com, the world's most private search engine.
[01:31:31.400 --> 01:31:36.760]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
[01:31:36.760 --> 01:31:42.200]  The government says that fire brought it down. However, 1,500 architects and engineers concluded
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[01:34:00.520 --> 01:34:18.760]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, here with Ms. Leslie on
[01:34:18.760 --> 01:34:22.920]  the bridge and we're talking to Tina. And what we're talking about is how to set up
[01:34:22.920 --> 01:34:32.360]  the bar and Deborah had a question on the break. And this is the exact concern I had.
[01:34:32.360 --> 01:34:47.640]  How do we trap them into a contract? How do we get the bar to offer mediation or to offer
[01:34:47.640 --> 01:34:57.960]  a deal, to offer us a deal? If we ask the court to order mediation, is that going to
[01:34:57.960 --> 01:35:04.760]  screw up the process, Leslie?
[01:35:04.760 --> 01:35:12.880]  If the bar association accepts that it does, but if they say instead of mediation, how
[01:35:12.880 --> 01:35:19.720]  about if we pay you $25 and then you can come back with a counteroffer. And in the counteroffer
[01:35:19.720 --> 01:35:24.560]  I'll have to have several different elements. It has to have a commerce element. It has
[01:35:24.560 --> 01:35:30.360]  to have an arbitration element. It has to have a performance element. And if we're in
[01:35:30.360 --> 01:35:36.720]  the performance element, you must put in there a failure to do this.
[01:35:36.720 --> 01:35:49.680]  Hoda, you're passing the part that is most important. How does the bar commit itself
[01:35:49.680 --> 01:35:50.680]  to a –
[01:35:50.680 --> 01:35:56.360]  Arbitration agreement. That's where I'm getting.
[01:35:56.360 --> 01:36:02.480]  This is Deborah's concern. Failure to respond when there is a duty to respond is equated
[01:36:02.480 --> 01:36:04.480]  as fraud. It's tweal.
[01:36:04.480 --> 01:36:05.480]  Right.
[01:36:05.480 --> 01:36:17.160]  How does the bar have a duty to respond just because it made an offer?
[01:36:17.160 --> 01:36:24.840]  Well, if it made an offer and you have a counteroffer, and in the counteroffer you have the performance
[01:36:24.840 --> 01:36:26.560]  end and in there you put –
[01:36:26.560 --> 01:36:32.480]  No, wait. You're jumping past that. You're saying if and if, but just because they made
[01:36:32.480 --> 01:36:42.520]  an offer, does that bind them to be compelled to respond? How does their failure to respond
[01:36:42.520 --> 01:36:47.720]  automatically become capitulation?
[01:36:47.720 --> 01:36:52.920]  Because in the counteroffer you say either you accept this – I mean either you respond
[01:36:52.920 --> 01:37:01.600]  to this and reject it or – and if you don't respond to it, you've accepted it.
[01:37:01.600 --> 01:37:10.560]  Yeah, but that doesn't bind me just because you say that. Where is law that binds me?
[01:37:10.560 --> 01:37:12.000]  If I make an offer to you –
[01:37:12.000 --> 01:37:14.960]  See, there has to be a relationship.
[01:37:14.960 --> 01:37:15.960]  You make a counteroffer.
[01:37:15.960 --> 01:37:17.560]  That's the problem.
[01:37:17.560 --> 01:37:24.720]  What binds me? I'm thinking possibly UCC because an offer is an offer to contract.
[01:37:24.720 --> 01:37:25.720]  Exactly.
[01:37:25.720 --> 01:37:37.560]  If an offer to contract is made and a counteroffer is made, am I bound under my original offer
[01:37:37.560 --> 01:37:43.640]  to respond to the counteroffer, and if so, what binds me?
[01:37:43.640 --> 01:37:54.120]  See, usually it's relationship. In the matter of creditors, it's easy because they're
[01:37:54.120 --> 01:37:59.040]  a creditor. There's an ongoing relationship. That blinds you. But when you're dealing
[01:37:59.040 --> 01:38:03.560]  with an outside entity, it's a little bit harder to see that.
[01:38:03.560 --> 01:38:13.960]  Okay, I need to figure out – that's always been my biggest issue is how statutorily does
[01:38:13.960 --> 01:38:14.960]  the –
[01:38:14.960 --> 01:38:24.040]  Let me give you an example. In the city of Salem, New Jersey, the city is broke. In what
[01:38:24.040 --> 01:38:31.160]  order to get your trash picked up, you have to buy stickers at the guest station and put
[01:38:31.160 --> 01:38:35.520]  them on your bag. Now, what the people are doing is they're taking their trash bags
[01:38:35.520 --> 01:38:42.360]  and they're putting them on vacant property, and then they're finding the people with
[01:38:42.360 --> 01:38:45.480]  these trash bags on their lawn who have no idea that they're there because they don't
[01:38:45.480 --> 01:38:56.680]  live there. My son had a house in Salem and he was renovating it, and they took and someone
[01:38:56.680 --> 01:39:01.840]  stole all of the kitchens out of the house while he was renovating it, and he went into
[01:39:01.840 --> 01:39:06.360]  paint one day and found all the kitchens were gone. And it's across the street from the
[01:39:06.360 --> 01:39:11.960]  fire company, and they said, yeah, we saw who did it, and they went to the police. And
[01:39:11.960 --> 01:39:17.320]  then when my son went to the police, he said, well, why didn't you arrest the guy? And
[01:39:17.320 --> 01:39:24.080]  they said, well, he's one of our informers. We can't arrest him. So my son starts getting
[01:39:24.080 --> 01:39:29.720]  these notices that there's trash in the yard. He's getting behind $100 here and $100 there.
[01:39:29.720 --> 01:39:37.360]  He says, you know what? Screw this. You have an agreement with me that you're going to
[01:39:37.360 --> 01:39:42.080]  be giving me protection and all this kind of stuff. So I'll tell you what. I'll give
[01:39:42.080 --> 01:39:49.280]  you my house for 20 bucks. And he signed a deed, recorded a deed, and sent him the deed.
[01:39:49.280 --> 01:39:55.720]  Last week, he gets another $100 fine in the mail, a summons. Now, they made him another
[01:39:55.720 --> 01:40:03.200]  offer because now he doesn't have property in Salem. But they made him an offer. They
[01:40:03.200 --> 01:40:09.360]  made him an offer that he has to pay $200 because they say there's trash in his yard
[01:40:09.360 --> 01:40:15.760]  that he used to own a year ago. Okay, but they made him another offer. So guess who
[01:40:15.760 --> 01:40:18.600]  got another arbitration agreement?
[01:40:18.600 --> 01:40:27.760]  Okay, so that was an offer to contract. And that's an offer to contract under UCC.
[01:40:27.760 --> 01:40:32.920]  And when they proved to him that he owned property in there, then they're free from
[01:40:32.920 --> 01:40:39.640]  the contract. But otherwise, then they have to pay him, damages, $500,000.
[01:40:39.640 --> 01:40:49.600]  Okay, that's the part we need, which we need the statutory support for that duty. And I'm
[01:40:49.600 --> 01:41:01.040]  sure it's in UCC. It's under offer and counter offer. And I've always had a sticking point
[01:41:01.040 --> 01:41:07.680]  on that because that's the first question the other side is likely to bring. Well, I
[01:41:07.680 --> 01:41:08.760]  didn't have a duty.
[01:41:08.760 --> 01:41:09.760]  Exactly.
[01:41:09.760 --> 01:41:16.280]  And just because she made a counter offer, how do I have a duty to respond? It doesn't
[01:41:16.280 --> 01:41:25.440]  become default unless I have a duty. Is there something in Chapter 9 that addresses this?
[01:41:25.440 --> 01:41:34.160]  No, because it's based on an arbitration agreement. It doesn't define the agreement. And it doesn't
[01:41:34.160 --> 01:41:39.840]  define that both parties have to sign it. It just says both parties have to agree by
[01:41:39.840 --> 01:41:41.840]  not sending back a disagreement.
[01:41:41.840 --> 01:41:45.960]  How can I imply a arbitration agreement?
[01:41:45.960 --> 01:41:52.760]  Well, if you have the arbitration agreement, the arbitration agreement is required to be
[01:41:52.760 --> 01:41:58.480]  in writing. It's not required to be signed by both parties. I came across that yesterday.
[01:41:58.480 --> 01:41:59.480]  Okay, that's...
[01:41:59.480 --> 01:42:00.480]  If by not...
[01:42:00.480 --> 01:42:08.320]  Is that in case law or is that in black letter law?
[01:42:08.320 --> 01:42:11.680]  Case law. Both. Both.
[01:42:11.680 --> 01:42:18.040]  I would very much like to see that case law that binds the...
[01:42:18.040 --> 01:42:25.680]  I'll look it up and I'll send it to you. Yeah, it's a performance binding. Like, say, if
[01:42:25.680 --> 01:42:31.920]  you can bind them by performance. If they perform this, then they agree. Then that shows
[01:42:31.920 --> 01:42:37.240]  the agreement. You have to put something in there they want to do and that they will do.
[01:42:37.240 --> 01:42:39.760]  And when they do that, they're bound.
[01:42:39.760 --> 01:42:47.680]  Okay, this is still a little bit too cryptic for me to wrap my head around.
[01:42:47.680 --> 01:42:59.600]  How do we get the bar to offer... to make the initial offer? Do you have any tricks
[01:42:59.600 --> 01:43:03.640]  for that?
[01:43:03.640 --> 01:43:13.160]  The Bar Association is... you know, they're snakes. They're all snakes. I am so...
[01:43:13.160 --> 01:43:22.560]  Lawyers are chumps. If you ever had a lawyer on the stand, they make the worst witnesses
[01:43:22.560 --> 01:43:31.640]  ever. So they might be the easiest ones to con because they think they're so smart. Hang
[01:43:31.640 --> 01:43:39.680]  on. We're actually going to go to our sponsors before I dive off the cliff this time. If
[01:43:39.680 --> 01:43:47.000]  I can get a step, I lost my clock. Oh, there it is. It came back. I was beginning to think
[01:43:47.000 --> 01:43:53.200]  that the fates were plotting against me. Randy Kelton, Brett Fountain, Ruva Radio, I call
[01:43:53.200 --> 01:43:57.280]  it number... We're going to our last segment, so I won't give out the call at number. We'll
[01:43:57.280 --> 01:44:00.200]  be right back.
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[01:46:22.500 --> 01:46:32.500]  Some things in this world I will never understand. Some things I realize fully. Somebody's gonna
[01:46:32.500 --> 01:46:42.500]  police that policeman. Somebody's gonna bully the bully. There's always a room at the top
[01:46:42.500 --> 01:46:49.500]  of the hill. I hear through the grave mind in his lonely love still. They're wishing
[01:46:49.500 --> 01:46:56.500]  it was more than opposition to fill. They know that if they don't do it, somebody will
[01:46:56.500 --> 01:47:06.500]  do some things. And this world will never understand. Some things I realize fully. Somebody's
[01:47:06.500 --> 01:47:19.500]  gonna police that policeman. Somebody's gonna bully the bully. I know they will. Yeah, they're
[01:47:19.500 --> 01:47:25.500]  gonna put the bill because I see so much injustice still. I know they will never fail to tip
[01:47:25.500 --> 01:47:35.500]  back the scale. I know they will never fail to tip back the scale. I know they will. I
[01:47:35.500 --> 01:47:48.500]  know they will. I know they will. I know they will. I know they will. I know they will.
[01:47:48.500 --> 01:47:54.500]  Went down to that old rock quarry the other day. I know they will. That's where I heard
[01:47:54.500 --> 01:48:00.500]  that old rock quarry man say. I know they will. He knew I always had a place for my
[01:48:00.500 --> 01:48:15.500] ercquie bridge. I know they will. I know they will. I know they will
[01:48:15.500 --> 01:48:32.100]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio, and we have Leslie on the
[01:48:32.100 --> 01:48:45.820]  bridge. And Tina, we never did get to your question. Or did we? You had you had this
[01:48:45.820 --> 01:48:52.100]  party that the bar? Yeah, we did get to your question. So I'm losing track of where I'm
[01:48:52.100 --> 01:48:59.860]  at back and forth. So we're trying to figure out how to settle your guys issue how to trap
[01:48:59.860 --> 01:49:08.780]  the bar so we can beat them up. Yes. And that's just easy with a creditor because they can
[01:49:08.780 --> 01:49:20.660]  send you what we use with arbitration is if the creditor sends you a offer to modify,
[01:49:20.660 --> 01:49:27.140]  you can send them a counter offer. If they have a change and servicer and they send you
[01:49:27.140 --> 01:49:37.860]  a notice and you send them back a counter offer with evidence requiring evidence that
[01:49:37.860 --> 01:49:45.460]  they are who they say they are, then you can include arbitration with that. Is there anything
[01:49:45.460 --> 01:49:59.500]  in civil procedure that goes to an alternative methodology for settling a case? Say if a
[01:49:59.500 --> 01:50:08.620]  party in a civil case makes an offer to settle, do you have a duty to respond to that offer
[01:50:08.620 --> 01:50:20.540]  to settle? I don't know. Because if I have if you offer me a settlement and I have a
[01:50:20.540 --> 01:50:31.060]  duty to respond, then when I respond, you would have a counter duty to respond to my
[01:50:31.060 --> 01:50:39.620]  counter offer. Trying to find a way to trap them into that. Well, we'd have to do some
[01:50:39.620 --> 01:50:47.300]  studying and it's all state by state. I'm going to bet there's something there's got
[01:50:47.300 --> 01:50:54.700]  to be something in there because the courts really want you to settle this out of court.
[01:50:54.700 --> 01:51:02.100]  In Arizona, I should just tell you, and in other states too, there is binding arbitration
[01:51:02.100 --> 01:51:08.500]  requirements on suits less than a hundred thousand or seventy five thousand something
[01:51:08.500 --> 01:51:18.540]  like that. Binding arbitration requirement mandatory. Now is that on a credit issue or
[01:51:18.540 --> 01:51:29.060]  is that on any civil issue? Any civil issue. Oh, that's what we need. It is there somewhere.
[01:51:29.060 --> 01:51:36.380]  So binding arbitration requirement in Arizona Superior Court. Yes. Tina, can you look that
[01:51:36.380 --> 01:51:41.900]  up in California? So we're looking at what? Tell me what I'm looking up here. I'm writing
[01:51:41.900 --> 01:51:51.540]  it down. We look up a requirement for arbitration for a civil suit under a certain amount. Under
[01:51:51.540 --> 01:52:02.940]  a certain amount. OK. I'm not here. There we go. OK, go ahead, Tina. Requirement for
[01:52:02.940 --> 01:52:10.740]  a civil suit under a certain amount in California. I will look that up. This is getting very
[01:52:10.740 --> 01:52:15.220]  interesting because it's obviously, you know, I've got issues with the state bar of California.
[01:52:15.220 --> 01:52:22.380]  James has got them in Florida. And Liz Leslie, I'm sending you, I sent you an email. I wonder
[01:52:22.380 --> 01:52:28.660]  if this will go towards the fact that James has made an offer of settlement to his Freddie
[01:52:28.660 --> 01:52:34.380]  Mac of five million dollars for his twelve years of torture. They came back with an offer
[01:52:34.380 --> 01:52:40.420]  of ten thousand dollars if he left the property bloom clean. We sent them back an offer saying,
[01:52:40.420 --> 01:52:44.700]  you know, Freddie Mac made seven point eight billion dollars last year. You made eight
[01:52:44.700 --> 01:52:50.380]  million dollars, eight billion dollars or eight million dollars. Our offer has now gone
[01:52:50.380 --> 01:52:55.740]  to twelve million, which is one million for each year of his life and his partner's life
[01:52:55.740 --> 01:53:02.540]  that they destroyed. They're not going to be opposed to that because that's not something
[01:53:02.540 --> 01:53:12.460]  a court would ever allow. Leslie, how would you handle that? When you get over five million
[01:53:12.460 --> 01:53:20.660]  dollars, the courts go wacko. So if you want to make an offer, keep it less than five million.
[01:53:20.660 --> 01:53:27.780]  I don't know how you figure it, but you have to be able to substantiate it. But when you
[01:53:27.780 --> 01:53:38.300]  do that, if he has had offers and counter-offers in his counter-offer because they are his
[01:53:38.300 --> 01:53:44.580]  creditor, he can make a counter-offer including an arbitration agreement and make them prove
[01:53:44.580 --> 01:53:50.180]  of who they are and make them prove that they paid for the loan. I mean, it all has to go
[01:53:50.180 --> 01:53:56.980]  into discovery, too. I mean, that's what the arbitration contracts are that I have
[01:53:56.980 --> 01:54:03.020]  to say. Well, maybe you and I can talk about this over the next... Can talk later, yeah.
[01:54:03.020 --> 01:54:10.220] ...to go to trial because he has literally been financially and emotionally tortured
[01:54:10.220 --> 01:54:17.860]  for twelve years over this. And the party who claims ownership has changed multiple
[01:54:17.860 --> 01:54:25.780]  times, and they refuse... I can send you something that says they refuse to tell us who really
[01:54:25.780 --> 01:54:31.020]  is the party except for Freddie Mac is the only one they will allow us to know, but they
[01:54:31.020 --> 01:54:38.140]  keep talking about these mysterious investors. We've asked them to specify what they want.
[01:54:38.140 --> 01:54:45.140]  So maybe you and I can talk, and then we can discuss it on air later. And I just also sent
[01:54:45.140 --> 01:54:50.660]  you something that I sent to Randy who is... If I seem quiet here, it's because it may
[01:54:50.660 --> 01:54:55.780]  be my internet connection, but I am having trouble with his entire conversations fading
[01:54:55.780 --> 01:55:04.380]  out on me. So go ahead and don't pay any attention to us. We're back here listening.
[01:55:04.380 --> 01:55:10.260]  Okay. Yeah, so we can be in touch offline, you know?
[01:55:10.260 --> 01:55:11.260]  Yeah.
[01:55:11.260 --> 01:55:13.260]  And look at that.
[01:55:13.260 --> 01:55:21.140]  Good. That would be great. Randy, would you... I sent you that notice to a public official
[01:55:21.140 --> 01:55:23.460]  that you thought was very well-written that said you were going to leave.
[01:55:23.460 --> 01:55:26.780]  I am. I'm sorry. We're having a internet issue.
[01:55:26.780 --> 01:55:27.780]  Oh, gosh.
[01:55:27.780 --> 01:55:36.300]  I am getting almost nothing. So I did get that you wanted to discuss this offline. So
[01:55:36.300 --> 01:55:44.340]  if each of you will send me an email, I will forward those to each other so everybody has
[01:55:44.340 --> 01:55:53.420]  everybody's contact information. And we can get this part handled. For me, this has been
[01:55:53.420 --> 01:56:04.420]  a real sticking point. I need to find a way that I can draw them into the duty, the initial
[01:56:04.420 --> 01:56:13.820]  duty. And if some states have binding arbitration requirements, other states are likely to have
[01:56:13.820 --> 01:56:22.820]  arbitration, if not a requirement, at least an arbitration alternative that we may be
[01:56:22.820 --> 01:56:38.020]  able to include a request for arbitration in our regional pleading. And then I was...
[01:56:38.020 --> 01:56:39.020]  Go ahead.
[01:56:39.020 --> 01:56:42.580]  Sometimes they call it alternative case resolution.
[01:56:42.580 --> 01:56:43.580]  Yes.
[01:56:43.580 --> 01:56:44.580]  Yes.
[01:56:44.580 --> 01:56:50.660]  That's another name they call it in some states.
[01:56:50.660 --> 01:56:57.740]  Arbitration by any other name is still arbitration. So if we can get schmooze them into that,
[01:56:57.740 --> 01:57:08.780]  and then get them set up so we have something to say, they had a duty to respond. Because
[01:57:08.780 --> 01:57:16.420]  for me, that would be the first objection I would have. And then it does go to a private
[01:57:16.420 --> 01:57:22.740]  contract. And if I can get it, it don't have to be a great answer, I just need to have
[01:57:22.740 --> 01:57:29.820]  one. And some statute that appears to bind them. Because we're trying to push them to
[01:57:29.820 --> 01:57:31.820]  write us a deal anyway.
[01:57:31.820 --> 01:57:44.420]  Right. Right. When, like, say, I don't know, Randy, and I'll talk to you again. I was going
[01:57:44.420 --> 01:57:52.260]  to say, when you have it as part of the lawsuit, and it's part of the statute, usually the
[01:57:52.260 --> 01:57:58.700]  judge will appoint the arbitrator, and it would be a JAWA arbitrator. There are like
[01:57:58.700 --> 01:58:08.460]  four different kinds of arbitrators. And there's the AAA, and then there's the JAWA, and then
[01:58:08.460 --> 01:58:16.940]  there's independent ones that are neither. So, basically, that's what you're looking
[01:58:16.940 --> 01:58:17.940]  at.
[01:58:17.940 --> 01:58:25.900]  Okay, we are, I'm sorry, Leslie, we are out of time. This is Randy Kelton, Brett Fountain,
[01:58:25.900 --> 01:58:33.500]  Rule of Law Radio. We'll be back tomorrow night on our 4-hour info marathon. Thank you
[01:58:33.500 --> 01:58:39.740]  all for listening. And tomorrow night, I'll try to get the phones turned on earlier than
[01:58:39.740 --> 01:58:47.980]  I did today. It was my bad. I seldom have someone call in on the bridge. And right now
[01:58:47.980 --> 01:58:50.540]  I'm having a little trouble with time.
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