ROL_2023-03-10_16k_Hr1-2.timecode

[00:00.000 --> 00:05.680]  The Bill of Rights contains the first ten amendments of our Constitution.
[00:05.680 --> 00:09.360]  They guarantee the specific freedoms Americans should know and protect.
[00:09.360 --> 00:10.840]  Our liberty depends on it.
[00:10.840 --> 00:14.760]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[00:14.760 --> 00:16.840]  your First Amendment rights.
[00:16.840 --> 00:18.440]  Privacy is under attack.
[00:18.440 --> 00:22.040]  When you give up data about yourself, you'll never get it back again.
[00:22.040 --> 00:26.800]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.800 --> 00:31.880]  So protect your rights. Say no to surveillance and keep your information to yourself.
[00:31.880 --> 00:34.440]  Privacy, it's worth hanging on to.
[00:34.440 --> 00:38.000]  This public service announcement is brought to you by StartPage.com
[00:38.000 --> 00:42.040]  The private search engine alternative to Google, Yahoo, and Bing.
[00:42.040 --> 00:45.440]  Start over with StartPage.
[00:45.440 --> 00:47.520]  SPAR, it's what fighters do.
[00:47.520 --> 00:51.040]  It's also how I remember the five guarantees of the First Amendment.
[00:51.040 --> 00:54.080]  If you plan to take away my rights, I'm going to spar with you.
[00:54.080 --> 01:00.200]  SPAR with an extra P. S for speech, P for press, another P for petition,
[01:00.200 --> 01:02.760]  A for assembly, and R for religion.
[01:02.760 --> 01:06.400]  Most Americans are familiar with the First Amendment guarantees of free speech,
[01:06.400 --> 01:08.280]  press, assembly, and religion.
[01:08.280 --> 01:10.640]  But petition for redress is another matter.
[01:10.640 --> 01:14.360]  We have the right to petition the government for a redress of grievances.
[01:14.360 --> 01:17.320]  It means that if we're unhappy with what's going on in our government,
[01:17.320 --> 01:21.160]  we can spell out the reasons without fear of being thrown into jail.
[01:21.160 --> 01:25.640]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[01:30.840 --> 01:34.600]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:34.600 --> 01:38.000]  They guarantee the specific freedoms Americans should know and protect.
[01:38.000 --> 01:39.720]  Our liberty depends on it.
[01:39.720 --> 01:43.000]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way
[01:43.000 --> 01:46.120]  to remember one of your constitutional rights.
[01:46.120 --> 01:48.120]  Privacy is under attack.
[01:48.120 --> 01:51.720]  When you give up data about yourself, you'll never get it back again.
[01:51.720 --> 01:56.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.520 --> 02:01.760]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.760 --> 02:04.280]  Privacy, it's worth hanging on to.
[02:04.280 --> 02:07.840]  This public service announcement is brought to you by StartPage.com,
[02:07.840 --> 02:11.800]  the private search engine alternative to Google, Yahoo, and Bing.
[02:11.800 --> 02:15.680]  Start over with StartPage.
[02:15.680 --> 02:19.640]  When I think of the Second Amendment, I visualize myself wrapping my two arms
[02:19.640 --> 02:22.080]  around the Bill of Rights in a big old bear hug.
[02:22.080 --> 02:26.400]  It's how I remember that the Second Amendment guarantees us the right to bear arms.
[02:26.400 --> 02:30.360]  Arms that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.360 --> 02:33.800]  Get it? Two arms, bear hug, bear arms?
[02:33.800 --> 02:37.600]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.600 --> 02:38.600]  when he said,
[02:38.600 --> 02:43.520]  the right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.520 --> 02:47.560]  one more safeguard against the tyranny, which now appears remote in America,
[02:47.560 --> 02:51.040]  but which historically has proved to always be possible.
[02:51.040 --> 03:17.040]  I'm Dr. Catherine Albrecht, more news and information at CatherineAlbrecht.com.
[03:17.040 --> 03:43.220]  Thank you.
[03:56.580 --> 04:03.940]  Okay, howdy, howdy, Randy Kelton, Brett Fountain, Rule of Law Radio on this, the 10th day of March,
[04:03.940 --> 04:15.780]  2023. And I'm going to turn on the phone lines. Our call in number 512-646-1984. If you have a
[04:15.780 --> 04:20.340]  question or a comment, give us a call. We will be taking your calls all night. And we're going to
[04:20.340 --> 04:30.580]  start out talking about the Stowers Doctrine. And I was talking to Brett before the show started
[04:30.580 --> 04:39.860]  about what he's doing. You know, I will be suing the just judges of the Court of Criminal Appeals.
[04:39.860 --> 04:51.540]  Now, under the store's doctrine, you can request a settlement from the lender. I'm sorry. I'm working
[04:51.540 --> 04:57.700]  on a mortgage case, so lender's stuck in there. You got more than one pot in the fire, don't you?
[04:57.700 --> 05:05.940]  Yes, I do. So you can request a settlement that is within the limits of their insurers.
[05:07.620 --> 05:13.940]  So if you request a settlement that's within the limits of their insurance policy,
[05:15.300 --> 05:23.220]  the courts have said that the insurance company has a duty to protect its client
[05:23.220 --> 05:33.060]  and adjudicate the claim against it. And what the issue of the Stowers doctrine,
[05:33.060 --> 05:43.780]  there was a problem. Let's say you have a policy for $60,000 liability coverage
[05:44.660 --> 05:53.060]  and someone sues you for $70,000. And the person who sued you tells the insurance company
[05:53.060 --> 06:01.540]  if you'll pay me $50,000, I'll settle this, drop all my claims. And they say,
[06:02.260 --> 06:09.460]  yeah, I think we can win it. And go ahead and fight the case, and then they lose.
[06:11.540 --> 06:18.980]  If they lose, they have to pay up to their coverage limit, which is $60,000. But if you lose
[06:18.980 --> 06:24.580]  and get a judgment for $70,000, then their insured has to pay an extra $10,000.
[06:27.940 --> 06:36.980]  So the insurance company can bet with their client's money. And the court said we need
[06:36.980 --> 06:42.340]  a remedy for this. And it was the Stowers doctrine. And what the store's doctrine says
[06:42.340 --> 06:51.940]  is, if someone requests a settlement within the coverage limits, and the insurance company
[06:51.940 --> 07:01.700]  elects not to settle, then if they lose, any overage is not attributable to their client,
[07:01.700 --> 07:06.580]  but they have to pay the entire overage. Only the overage.
[07:06.580 --> 07:11.380]  No, they have to pay it. They have to pay the whole thing, right?
[07:11.380 --> 07:17.060]  Yeah, they have to pay the whole thing because they didn't accept the deal.
[07:18.580 --> 07:19.380]  So they can't...
[07:19.380 --> 07:25.060]  Does the person... Do you have to show good faith, like you said in your example, 50,
[07:25.060 --> 07:26.900]  but could you have asked for 60?
[07:26.900 --> 07:36.340]  Yes. And I did that that way because the insurance company's betting they can save 10 grand,
[07:37.620 --> 07:44.580]  or 10 grand or more than 10 grand. If they can get it a judgment for 50, then that's all they
[07:44.580 --> 07:49.620]  have to pay. So they're trying to save 10 grand by fighting it.
[07:49.620 --> 07:58.900]  But if they get a judgment higher, they're going to have to pay the maximum amount anyway,
[07:58.900 --> 08:05.940]  so they've got nothing to lose. They can bet on saving 10 grand. If they can't save 10 grand,
[08:05.940 --> 08:14.180]  they don't lose anything. So if it's over 10 grand, then the individual has to pay it.
[08:14.180 --> 08:21.300]  And the court said that's not equitable. So if the offer is made and you've failed to accept
[08:21.300 --> 08:27.780]  the offer, then you're responsible for whatever the claim is. That's the Stowers doctrine.
[08:28.660 --> 08:34.340]  You don't get to pay poker with your client's money.
[08:36.180 --> 08:43.300]  So the trick is, and I'm reading a really good article here by a lawyer who is actually
[08:43.300 --> 08:50.100]  obviously done a lot of this, and he says that he has. The trick is finding out
[08:51.220 --> 08:57.380]  how much their limits are. And he said, one of the problems if you request the actual limit,
[08:58.340 --> 09:07.220]  and the lender has already paid out some claims. Let's say there were two people involved and one
[09:07.220 --> 09:13.700]  of them got a fingernail tore off and they paid him $1,000 and settled his claim.
[09:15.620 --> 09:20.420]  Now their limit is no, if they say their limit was 60, it's no longer 60. Now it's 59.
[09:21.620 --> 09:28.980]  So if you do a stowage request for 60, the Stowers request doesn't apply because the request
[09:28.980 --> 09:38.740]  exceeded their limits. You have to make the Stowers request within their limits. That's sometimes.
[09:38.740 --> 09:44.980]  And how do they combine these claims together? Is it just anything from the same person for the
[09:44.980 --> 09:51.460]  same episode, the same date, same saga? What are they considered? That's going to be stuff.
[09:52.020 --> 09:55.460]  That's going to be stuff they're going to want to throw at you. And I imagine there's a lot of
[09:55.460 --> 10:00.500]  ways they can do that. And not being an expert in insurance, that's not something I'm
[10:01.860 --> 10:08.500]  versed on yet, but I'm working on that. I'm researching it now. In this case,
[10:10.180 --> 10:14.260]  I am suing all of the judges of the Court of Criminal Appeals.
[10:15.780 --> 10:24.740]  Now, I found a bond amount for county judges. A county judge must put up a bond between
[10:24.740 --> 10:34.580]  2,000, no less than two, no greater than 10. So hang on a second.
[10:38.500 --> 10:45.460]  Okay. So no less than two, no greater than 10. I haven't found anything for district courts yet.
[10:46.740 --> 10:50.580]  So I don't know what their bond is. I'll have to do some research to find that out.
[10:50.580 --> 11:00.740]  And I'll have to, but since they are public officials, this is a difficult question.
[11:03.460 --> 11:09.380]  They are public officials, but I'm suing them in their private capacity. Now, I can get any
[11:09.380 --> 11:17.700]  insurance that is indemnified by the government. It may be personal insurance. The government may
[11:17.700 --> 11:24.020]  indemnify their judges beyond the bond amount. And I suspect they do.
[11:26.340 --> 11:27.700]  I can discover that.
[11:30.020 --> 11:34.980]  Would that be pre-litigation discovery, or would you do that with having a buddy issue
[11:34.980 --> 11:39.460]  a record request? I would definitely do that with pre-litigation discovery.
[11:39.460 --> 11:48.420]  A record request, they will bind it up too long. Here I can get the court to pressure them.
[11:50.020 --> 11:55.780]  But then that way it's on the court record. But definitely with pre-litigation discovery,
[11:55.780 --> 12:02.900]  now tell them that I need to know these limits so I can make an offer to settle.
[12:02.900 --> 12:11.300]  And if they then drag their feet, then I can ask for sanctions. But that's something I have to
[12:11.300 --> 12:21.300]  research how to find that out before I make the bonafide settlement request. And they may
[12:21.300 --> 12:28.580]  make an offer to settle. And I'll object to the offer to settle until we have completed
[12:28.580 --> 12:35.540]  pre-litigation discovery. So the part I got to find out. And in speaking to this,
[12:36.420 --> 12:41.540]  you were preparing to sue the Texas Court of Criminal Appeals just like I was,
[12:42.180 --> 12:46.020]  except for a different reason. Yeah, completely different reason.
[12:48.340 --> 12:56.500]  I had need for a writ of habeas corpus. And it got escalated up to their level,
[12:56.500 --> 13:04.500]  the highest court in Texas, the criminal court. And they decided to just ignore it.
[13:05.620 --> 13:12.900]  And so then I sent a second one. And this crossed in the mail. While I was sending my
[13:12.900 --> 13:18.740]  second one to them, this time I asked for an on bank consideration so that I wouldn't be wondering
[13:18.740 --> 13:23.620]  about which justices looked at it. They all nine are involved. I can name all nine of them for
[13:23.620 --> 13:30.980]  their failure. But they crossed in the mail. My second one going in and their rejection note
[13:30.980 --> 13:36.660]  coming out on the first one. So they ignored it for a long time. But when they finally,
[13:37.300 --> 13:42.420]  I got this thing yesterday, a postcard in the mail. Randy, it wasn't even an envelope with a
[13:43.300 --> 13:50.820]  court seal on it or stamped with anybody's signature. It says the clerk's name. And it says
[13:50.820 --> 14:01.380]  that the court has denied without written order the motion for leave to file a petition
[14:02.020 --> 14:10.500]  for writ of habeas corpus. Now, number one, that wasn't what I sent in. I didn't send a
[14:10.500 --> 14:15.940]  motion for leave to file anything. I sent the petition for writ of habeas corpus itself.
[14:15.940 --> 14:21.540]  But they decided to misconstrue that as a motion which they could turn around and deny.
[14:22.100 --> 14:24.020]  Wait, you said the clerk denied it?
[14:24.660 --> 14:28.180]  No, the clerk said that the court denied it without written order.
[14:28.180 --> 14:29.220]  Oh, wonderful.
[14:29.780 --> 14:34.500]  Randy, does the court in Texas do anything without putting it in writing?
[14:35.620 --> 14:42.180]  No, well, maybe. The clerk said he did. So sue the clerk personally.
[14:42.180 --> 14:47.300]  This is about to get interesting.
[14:47.940 --> 14:53.060]  So the clerk for exerting or purporting to exerting authority doesn't expressly have
[14:53.060 --> 14:56.660]  a denying you and your right to file the great writ.
[14:57.540 --> 14:57.780]  Yeah.
[14:59.540 --> 15:04.340]  So you don't know if the court of criminal appeals even saw this?
[15:04.340 --> 15:12.820]  Well, yeah, actually, I do have a reason to believe that they didn't see it.
[15:14.020 --> 15:19.220]  I don't know one way or the other, but I had a lot of pushback from this clerk saying,
[15:19.220 --> 15:23.380]  oh, you can't send that by email. And then I sent it by fax.
[15:23.380 --> 15:30.100]  Oh, we don't accept filings by fax and showed me Texas Rules of Appellate Procedure 9.2,
[15:30.100 --> 15:34.180]  which speaks to attorneys are required to do e-filing.
[15:39.860 --> 15:44.340]  So, yeah, I got another reason to consider that maybe they didn't see it.
[15:47.140 --> 15:54.660]  Oh, this is much better. If the clerk is following the directives of the court of criminal appeals,
[15:54.660 --> 16:01.060]  then you go hammer the clerk for what the judge has told him to do.
[16:04.020 --> 16:04.900]  Oh, that's great.
[16:07.140 --> 16:09.780]  Then he's going to expect them to get him off this dime.
[16:10.740 --> 16:12.580]  Yeah, you think that's going to be fun?
[16:13.380 --> 16:13.940]  Oh, yeah.
[16:13.940 --> 16:17.460]  Take him to the grand jury and sue him.
[16:17.460 --> 16:27.220]  And force the court of appeals to fess up. And when they do, then you take all of them on.
[16:30.100 --> 16:36.340]  Yeah, I think I might try out your Stowe's Doctrine idea on them to find out what their
[16:37.380 --> 16:41.300]  are for what they're bonded for. Otherwise, they're going to fight.
[16:41.300 --> 16:49.860]  But that you can do with open records because there is no claim at all against them at the moment.
[16:51.860 --> 16:58.420]  And you can do a pre-litigation discovery on any identification that the clerk has.
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[19:26.900 --> 19:54.580]  Okay, we are back, Randy Kelton, Brett Fountain, Rule of Law Radio and the plot thickened. Okay,
[19:54.580 --> 20:01.620]  on the break, Brett and I were talking about what's going on with his case and apparently
[20:03.300 --> 20:07.620]  you filed a habeas based on a warrant that was issued for your arrest.
[20:08.740 --> 20:13.540]  Yes. And apparently the warrant has went the way of the cuckoo. Will you explain that?
[20:15.460 --> 20:22.980]  You mean the dodo? Yeah, we had had a justice of the peace who decided he didn't,
[20:22.980 --> 20:28.500]  well, we still have a writ of certiorari that's outstanding waiting for the writ to
[20:30.580 --> 20:40.500]  call him on the carpet, but the JP had issued a warrant. So supposedly nobody could see the warrant.
[20:40.500 --> 20:46.420]  Nobody could show it to me. There was no affidavit in support of a warrant's issuance.
[20:46.420 --> 20:53.220]  So if there were a warrant, it was completely illegal. And I showed how the
[20:54.660 --> 21:02.100]  the statute, the language of the statute is really clear on when it's acceptable and unacceptable
[21:02.100 --> 21:10.260]  to issue a capious. A capious or a capious profine is a warrant that says I already called you guilty.
[21:10.260 --> 21:13.860]  Now you need to pay, you didn't pay, so you're in trouble. So I'm dragging you back into court.
[21:13.860 --> 21:20.980]  Well, I'm guessing that's the kind of warrant that they had. Nobody ever came up with one,
[21:21.700 --> 21:26.420]  but they said they could see it on their computer that it had an indicator that says warrant issued.
[21:28.020 --> 21:33.380]  But they were all pointing fingers at each other. Nobody would actually own up to it.
[21:35.540 --> 21:42.900]  So, yeah, I went to escalating to higher levels and higher courts and this petition
[21:42.900 --> 21:47.540]  for writ of habeas corpus was sitting before the court of criminal appeals.
[21:48.900 --> 21:57.620]  They didn't actually issue a writ, but all of a sudden the JP decided he's going 180 degrees.
[21:58.180 --> 22:01.060]  He flipped around, he recalled the warrant.
[22:04.660 --> 22:11.220]  And so now, I don't know if they thought maybe if we just lift the warrant and he's no longer
[22:11.220 --> 22:22.180]  restrained in his liberty, it's a moot issue. But, Randy, like you say, that bell's been wrong.
[22:24.420 --> 22:29.860]  Yep, so I'm not okay with them denying the great writ. I'm not okay with them
[22:31.060 --> 22:38.180]  misconstruing the great writ, the petition for the great writ, as if it were a motion for leave
[22:38.180 --> 22:44.180]  to file. I don't need to beg and grovel to see if it's okay with them for me to petition for
[22:44.180 --> 22:50.420]  that issue. Once the petition is, it just triggers their administrative responsibility.
[22:50.420 --> 22:56.420]  They have a duty to issue the writ based on the Constitution, based on the court of criminal
[22:56.420 --> 23:04.180]  procedure. Go ahead. I just happened to have a brief on that subject. You took them to the grand
[23:04.180 --> 23:14.100]  jury, right? For exactly that, for requesting a motion for leave to file. And then when I filed it,
[23:14.100 --> 23:19.620]  they denied me leave to file a writ. So I already got that briefed out. I'll dig that out of my
[23:19.620 --> 23:25.060]  archives and get it to you. Yeah, well, they're trying to, you know, scroll around just a little
[23:25.060 --> 23:32.420]  differently. They didn't actually tell me that I can't petition until I move for leave to file.
[23:32.420 --> 23:40.260]  They just treated the petition as if it were a motion for leave to file. And then, well,
[23:40.260 --> 23:44.660]  at least so says the clerk, they denied, the court denied without written order,
[23:45.380 --> 23:54.660]  this motion for leave to file. And that's good enough. You can, if you act as if you did file
[23:54.660 --> 24:03.860]  a motion for leave to file, then they denied it. Not something they have power to do. They exerted
[24:03.860 --> 24:10.420]  or purported to exert an authority they do not expressly have. Yeah. And in fact, they expressly
[24:10.420 --> 24:17.540]  don't have, because it says that every provision of this writ of habeas corpus shall be construed
[24:17.540 --> 24:25.220]  so as to give the person speedy and effectual remedy. Well, that's pretty much the opposite
[24:25.220 --> 24:35.140]  of what they did. Good. So now, since it was the clerk, now, wait a minute. On the break,
[24:35.140 --> 24:44.660]  you said the clerk said that he denied it. No, the clerk, it's Deanna Williamson. She said
[24:44.660 --> 24:51.140]  that the court denied without written order. But I'm not really sure the court ever saw it,
[24:51.140 --> 24:56.980]  because I got a lot of pushback from this clerk. First, I sent an email. She says,
[24:56.980 --> 25:02.340]  oh, you can't send email. We're not going to receive that. It's not deemed filed. So I sent
[25:02.340 --> 25:10.180]  a fax. Oh, no, we don't accept filings by fax. And something I asked her for the records that
[25:10.180 --> 25:18.180]  she has assembled or maintained in her office on which they rely to make decisions like they're
[25:18.180 --> 25:26.020]  not going to listen to things that come in by email or fax. And she came up with a rule in the
[25:26.020 --> 25:31.940]  Texas Rules Vapellate Procedure, which specifically says that attorneys are required to e-file.
[25:33.060 --> 25:36.580]  That should get a criminal complaint under the Open Records Act,
[25:36.580 --> 25:44.020]  because it's non-responsive. Oh, good point. I like that angle.
[25:47.700 --> 25:55.060]  She won't see that coming. And then sue her personally or send her a tort letter.
[25:56.340 --> 26:02.980]  A Stowers request. Yeah, okay, in reading this brief on Stowers requests,
[26:02.980 --> 26:10.980]  it said that not to tell him that it's a Stowers request. You don't have to. And he says in here,
[26:10.980 --> 26:17.620]  if you happen to get a new clerk that's not familiar with the insurance, the insurer's
[26:17.620 --> 26:26.180]  responsibility under a Stowers request, why would you advise them of it? Wait till they screw it up
[26:26.180 --> 26:37.300]  and then go after them for it. I thought, this guy sounds like me. So you sent her a request for all
[26:38.660 --> 26:47.700]  bonds or indemnification of any kind that she has protecting her from civil litigation.
[26:47.700 --> 26:56.420]  Now, if I got one of those and I'm the clerk, what am I going to think?
[26:58.660 --> 27:01.060]  Might just get the idea there's some litigation coming.
[27:02.260 --> 27:12.500]  Right directly at me. So since you don't have a written order from the Court of Criminal Appeals
[27:12.500 --> 27:23.700]  and courts can only act by order, then far as you know, the clerk did this on her own
[27:24.580 --> 27:30.420]  because she's already indicated an intent to interfere with your access to the court.
[27:32.500 --> 27:41.060]  If she didn't do it, then the Court of Criminal Appeals will either fess up or throw her under the
[27:41.060 --> 27:46.420]  bus. One way or the other. Either way would work for you.
[27:50.820 --> 27:53.380]  Okay, this sounds like fun.
[27:56.740 --> 28:00.740]  Well, you want to shift gears here and see what we've got a couple of callers on the board?
[28:01.380 --> 28:04.340]  Yes, that one of them appears to be a first-time caller.
[28:04.340 --> 28:13.140]  Yeah. Did you say 404 was Georgia? Well, I believe 404 is Atlanta. Let's see.
[28:14.900 --> 28:23.060]  Yeah. Okay. Okay. If you have a, if you're calling from a 404 area code, give us a first
[28:23.060 --> 28:35.300]  name and a state. I mean, Alabama's calling, but I'm from Georgia. Oh my goodness, Alabama. I was
[28:35.300 --> 28:43.780]  in Alabama at a, I went down from Tennessee to Alabama for a traffic case. I was going to
[28:43.780 --> 28:49.300]  Alabama for some of us anyway. And I was at the municipal court before it started. And there's
[28:49.300 --> 28:54.340]  two guys are out there talking and one of them's obviously the prosecutor. And I went out to him
[28:54.340 --> 28:59.620]  and told him that I was down here from Tennessee, taking care of my mom up there. And they got
[28:59.620 --> 29:04.820]  hillbillies up there in Tennessee, but I'm from Texas and they got rednecks in Texas.
[29:05.700 --> 29:11.860]  What have you got here in Alabama? And without the slightest hesitation, he said, white trash.
[29:11.860 --> 29:20.020]  Oh man. That's no good. That's cold. Okay. But what do you have for us?
[29:20.020 --> 29:28.740]  Okay. I've been in a battle with the Montgomery County courthouse, but every contract that they
[29:28.740 --> 29:34.580]  see me, I just returned back to sender in 72 hours. Now they have the
[29:34.580 --> 29:42.500]  courthouse. Okay. Hey, hang on. We're about to go to our sponsor. Okay. We'll pick this up on
[29:42.500 --> 29:48.500]  the other side. This is Randy Kelton, Brett Fountain, Rule of Law Radio. Our call in number
[29:48.500 --> 29:54.580]  512-646-1984. We've got a couple of spots on the board. So if you have a question or comment,
[29:54.580 --> 29:57.220]  give us a call. We'll be right back.
[29:57.220 --> 30:06.500]  It's clear cell phones have changed the way we live and work, but have they negatively affected
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[31:00.740 --> 31:06.580]  cell phones affect brain chemistry. A study of 47 volunteers showed that glucose metabolism
[31:06.580 --> 31:11.460]  in the area of the brain closest to the cell phone antenna increases when the cell phone is on.
[31:11.460 --> 31:15.620]  While researchers aren't sure whether this exposure causes damage, I'm not taking any
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[33:29.620 --> 33:58.660]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio.
[33:58.660 --> 34:09.220]  And my phone, my page here says Valerie. We didn't get a first name. Is that your first name?
[34:10.100 --> 34:15.540]  Yes, my name is Valerie. Okay. Okay. I'm gonna keep it simple.
[34:18.340 --> 34:22.020]  You need to keep it real simple for Brett. Okay.
[34:22.020 --> 34:29.140]  Not me because I'm old and wise. I see now. I see now. Okay.
[34:31.700 --> 34:36.740]  But keeping it simple, I noticed a tax matter tax event with this courthouse,
[34:36.740 --> 34:42.180]  but I sent back all contracts. No contract, no consent. Every time they sent me off.
[34:42.180 --> 34:47.620]  Okay, wait, wait, wait. Hold on a little. Are you on a Bluetooth or a hands-free device?
[34:47.620 --> 34:52.660]  Um, I got earbuds then. Do I need to take them out?
[34:53.620 --> 34:59.300]  Yes, please. It drops off all the high tones and makes it real hard to understand.
[35:00.420 --> 35:04.580]  Okay, I took it off now. Oh, much better. Wow, that's better.
[35:04.580 --> 35:08.100]  Okay. Sorry about that. I might need to get me some more earphones then.
[35:09.300 --> 35:16.100]  It doesn't matter which ones you use. Oh, okay. If you don't use the microphone on the phone
[35:16.100 --> 35:22.020]  itself, then it gets a hollow sound and it loses those high tones. And when you're old like me,
[35:23.060 --> 35:27.300]  I'm old combat veteran. If you've ever been in an explosion where your
[35:27.300 --> 35:32.900]  blood comes out of your ears, when you get old like me, you'll lose all the high tones.
[35:34.100 --> 35:41.140]  Yeah. I'm getting there. I'm starting to feel, um, you know, almost 50, but I'm starting to feel,
[35:41.140 --> 35:48.500]  you know, kind of aches and pains. Well, I'm 73 and my mom was 98 and my mom tells me
[35:49.140 --> 35:53.860]  this ain't going to get any better. Oh man, that's not good news.
[35:56.180 --> 36:01.700]  Okay. So, um, I want to keep it simple because I know it's other people coming in. So I don't
[36:01.700 --> 36:08.980]  want to take long, but, um, the Montgomery County courthouse sends me offers, but I respond in 72
[36:08.980 --> 36:15.540]  hours. I send them back. And so the latest one, well, I did appear without appearing because,
[36:15.540 --> 36:22.020]  wait, wait a minute, wait a minute, take a step back and give us a brief synopsis of what the
[36:22.020 --> 36:31.220]  issue is. It's the issue, criminal, civil, whatever, civil, civil, circuit court.
[36:31.220 --> 36:40.580]  Okay. Are you, are you the plaintiff or defendant? I'm defendant. Okay.
[36:43.060 --> 36:52.180]  So bring us up to speed. Okay. Every offer they've ever sent me, I sent back. So when close time
[36:52.180 --> 36:58.820]  come for court, which is just February the 14th, um, I did appear without appearing. I did the
[36:58.820 --> 37:05.140]  legal process through the mail and now burden is on proof of plaintiffs to show obtained
[37:05.140 --> 37:11.860]  personal jurisdiction to serve nervous on me. He did not do it. So he lost. So now they're
[37:11.860 --> 37:19.380]  pretending that I agree to have visitations with the non-custodial parents, which I did not agree
[37:19.380 --> 37:25.300]  to. I sent back all contracts and then at attorney, he hacked my email and pretend I sent him an
[37:25.300 --> 37:30.580]  invitation, which I don't usually think. And so this is how this stuff got going. But I sent
[37:30.580 --> 37:36.420]  his invitation back to him because my email got hacked the day of court. So this had to be someone
[37:36.420 --> 37:41.700]  who knows about this court case. So now this parent is asking me, am I meeting with him too?
[37:41.700 --> 37:46.660]  They, I don't respond back because that's contracting. And so they got this man thinking
[37:46.660 --> 37:51.140]  I'm about to meet with him and I didn't put anything in writing, but see all contracts back.
[37:51.140 --> 37:55.460]  It's like they're trying to rear roll me to come to court, which you supposed to stay out of their
[37:55.460 --> 38:07.700]  court. You are listening to Patriot stuff. You can't stay out of their court. These guys telling
[38:07.700 --> 38:15.940]  you this stuff, they don't do it. Or they would be losing and all the Patriots have
[38:15.940 --> 38:20.980]  a, a, a torture. They talk a good show. But when I look at what's going on, they're losing.
[38:21.780 --> 38:26.980]  And when they do lose all the rail and righteous indignation at the inequity of all, and that's
[38:26.980 --> 38:33.460]  because for the most part, they're trying to juxtapose contract law onto civil law.
[38:35.700 --> 38:43.460]  And while you can bring contact tracks into the civil court, you still have a set of civil court
[38:43.460 --> 38:51.620]  rules to follow. Now they do a lot of jumping up and down and saying how that they don't consent
[38:51.620 --> 38:56.500]  to these courts. They don't consent to the law. Well, they can do that all they want to.
[38:58.180 --> 39:05.940]  But once you walk your physical person into the jurisdiction, then you are engaged in an
[39:05.940 --> 39:16.100]  adhesion contract where you, you by your presence agree to abide by the rules of the venue.
[39:18.180 --> 39:24.180]  You can't make up your own rules. You have to use their rules against them. Now with that said,
[39:25.700 --> 39:33.380]  it is not hard to do. It's easier to do than all this Patriot stuff. I've been doing this for 30
[39:33.380 --> 39:39.300]  years. And I've been talking to these guys for 30 years and I can't get any straight answers from
[39:40.820 --> 39:48.500]  them. I am a creature of statute. We have some rules here. And one of the rules is never make
[39:48.500 --> 39:57.540]  a proactive statement of the law out of your own mouth. Never go into a court or before any public
[39:57.540 --> 40:02.420]  official and say, well, I got this right. I got that right. You're supposed to do this. You're
[40:02.420 --> 40:12.180]  supposed to do that. I go down to the court and I say, I want to see all warrants that you have
[40:12.180 --> 40:20.500]  issued and have subsequently been executed in accordance with your duty under under 15.16
[40:20.500 --> 40:28.900]  Texas Code of Criminal Procedure. You've got to make your requests and statements out of the
[40:28.900 --> 40:36.180]  mouth of the legislature or the courts. Just saying something so does not make it so.
[40:36.980 --> 40:45.380]  And just saying something is so it does not bind the other party. You must bind them with the code,
[40:46.100 --> 40:53.860]  but that's not hard to do. So someone has sued you. Did they have you personally served with a
[40:53.860 --> 41:03.860]  lawsuit? No, I haven't been served. Well, well, I haven't. If you haven't, if you haven't been
[41:03.860 --> 41:10.740]  served, how do you know there is a lawsuit in existence? Well, I got sent just a summons
[41:10.740 --> 41:18.340]  back in August or September, but they just now getting around to it. And okay, they saw summons
[41:18.340 --> 41:27.140]  contracts. Yeah, the summons to the plaintiff is the one who did got this paperwork going in the
[41:27.140 --> 41:38.100]  court. Finally, okay, they need to check the law in Alabama. In most states, the original summons
[41:38.100 --> 41:46.980]  there or the summons is issued as a notice. Julia's issued as a citation. And it says,
[41:46.980 --> 41:54.820]  notice you have been sued. And that is generally required to be put in your hand by a human being.
[41:56.820 --> 42:00.660]  All the rest of the documents in the case can be served through the mail,
[42:01.460 --> 42:08.820]  but not the original petition. If you have never been filed personally served with an
[42:08.820 --> 42:15.380]  original petition, you need to file a motion to dismiss for lack of proper service.
[42:15.380 --> 42:22.020]  Okay, do I go down in person and do that because I don't want to be contracting?
[42:22.020 --> 42:26.420]  No, don't go down there just send it to them. That does not have to be served.
[42:27.620 --> 42:29.460]  Okay, send a motion to dismiss?
[42:30.420 --> 42:36.340]  Yeah, an emotion. People can ask me, oh, do you have a motion form for this or a motion form for
[42:36.340 --> 42:42.260]  that? Well, that's not really how emotions work. A motion is like a business letter
[42:42.260 --> 42:50.020]  that you send to the court. And the difference between sending it to a business and sending
[42:50.020 --> 43:00.500]  it to a court is the heading and the ending. In a business letter, you generally conclude
[43:00.500 --> 43:12.580]  your letter by telling the party what you want. With a court, a motion means that you move the court.
[43:12.580 --> 43:18.980]  You must tell the court what you want it to do. And then in a section called prayer,
[43:19.620 --> 43:26.100]  ask them to do that. If you don't specifically ask the judge to do something, the judge does
[43:26.100 --> 43:33.380]  not have power to do it. Even if he thinks it's the most your case, your position is the best and
[43:33.380 --> 43:40.020]  he wants to do right by you, he doesn't he's not authorized to because you have to ask the court
[43:40.020 --> 43:47.460]  to do it by moving the court. And these are just some little technical steps. They're not that
[43:47.460 --> 43:52.660]  complex. And they're kind of easy. They're not that hard to wrap your head around. But the
[43:52.660 --> 43:58.260]  patriot mythology jumps around and avoids all this and it's a bad idea. Hang on, Randy Kelton
[43:58.260 --> 44:04.100]  Brett Fountain will be right. Through advances in technology, our lives have greatly improved,
[44:04.100 --> 44:09.060]  except in the area of nutrition. People feed their pets better than they feed themselves.
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[45:00.900 --> 45:06.420]  Are you the plaintiff or defendant in a lawsuit? Win your case without an attorney with Juris
[45:06.420 --> 45:13.620]  Dictionary, the affordable, easy to understand four CD course that will show you how in 24 hours,
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[46:22.900 --> 46:28.820]  Yeah, always, I must be careful what I'm wishing for.
[46:30.980 --> 46:36.980]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio. We're talking to Valerie in
[46:37.860 --> 46:46.500]  Alabama. Okay, Valerie. So just one question. So I do a motion to dismiss or motion?
[46:46.500 --> 46:55.220]  Yeah, a motion to dismiss is a motion. Okay, I want to make sure.
[46:55.940 --> 47:01.620]  A motion, when he says a motion, he's speaking just generically about any kind of motion and a
[47:01.620 --> 47:07.460]  motion to dismiss is when you're moving the court and the thing you're moving the court to do is
[47:07.460 --> 47:15.700]  to dismiss the case. And with any motion, you have to say why. You put some bullet points in
[47:15.700 --> 47:20.900]  there. Keep it really simple and describe with clarity. Don't go off into anything emotional
[47:21.700 --> 47:30.260]  or your legal conclusions about, well, the court, I've already rescinded all the contracts or don't
[47:30.260 --> 47:37.540]  don't give a lot of things that I call it pieces of yarn that the other attorney can pull on.
[47:37.540 --> 47:44.660]  Don't give them a lot to work with. Just give them simple, clear reasons why it needs to be
[47:44.660 --> 47:49.220]  dismissed. So like Randy's talking about dismissing for lack of service.
[47:50.180 --> 47:55.540]  And just do a search, go on. I do most of my legal research on Google.
[47:56.660 --> 48:03.780]  Okay, me too. For this, I would go to Google and I would put in lack of proper service.
[48:04.900 --> 48:12.660]  Lack of proper service, okay. And what will happen is, I didn't say Alabama because you're in
[48:12.660 --> 48:19.860]  Alabama. If you're wherever you're at, it will tend to search for your ad. But let's say you're
[48:19.860 --> 48:26.260]  looking for some information out of Tennessee, then you would put in whatever you want to look for
[48:26.260 --> 48:35.620]  and then Tennessee behind it. But what you will get for the most part are lawyers websites.
[48:35.620 --> 48:46.980]  And these websites will explain those issues to you. So the easiest legal education,
[48:46.980 --> 48:54.340]  you don't have to know everything about everything. Just type in, how do I file
[48:55.380 --> 48:59.060]  a motion to dismiss for lack of proper service in Alabama?
[48:59.060 --> 49:06.580]  Okay. And you'll get hits right on it. My suggestion, and if this is your first
[49:07.940 --> 49:15.940]  experience with civil courts is go down to the clerk's office, tell the clerk what kind of case
[49:15.940 --> 49:24.660]  you got and ask the clerk if they have any similar cases that you would like to look at one or two
[49:24.660 --> 49:30.900]  to kind of come up to speed on how to handle yourself. And you'll find the clerks tend to be
[49:30.900 --> 49:39.300]  very helpful. Okay. You pull a case and go through it. When I first started doing legal research,
[49:39.300 --> 49:44.820]  I went down and pulled some cases. And I'm going through this, I asked them for the biggest cases
[49:44.820 --> 49:50.820]  ahead. Because I wanted guys who had fought real hard and filed everything you could think of.
[49:50.820 --> 49:56.020]  And I found a motion in lemony. You know what that is?
[49:57.940 --> 50:03.540]  No, I don't will be on it. Yeah, I didn't either. I said, what in the heck is that?
[50:04.260 --> 50:09.780]  And so I started reading it. And it's all the questions the other guy can't answer.
[50:10.260 --> 50:16.900]  Or I'm sorry, can't ask you. Oh, I had so much fun with that.
[50:16.900 --> 50:26.820]  I took his motion and put my case designation on the top and I filed it. And we're sitting in court
[50:26.820 --> 50:35.860]  and the judge is furious. It's 30 pages. And I had one in there that I objected to any statements
[50:35.860 --> 50:42.900]  relating to any hypnotic interviews. And the judge is furious. He wants to go play golf.
[50:42.900 --> 50:50.660]  Mr. Counselor, were you hypnotized? I don't know, judge. Do you know how they make you forget all
[50:50.660 --> 51:05.300]  that stuff? Ask him. Oh, it was so much fun. Point is you will find all kind of stuff you never
[51:05.300 --> 51:13.460]  thought of. Okay, just read their motions, you will find that every motion is structured
[51:15.060 --> 51:21.780]  essentially the same. They start out with an introduction and some normal has start out with
[51:23.060 --> 51:28.660]  statement of jurisdiction. But you just want to start out by saying your honor,
[51:28.660 --> 51:38.180]  uh, defendant is filing this motion for this purpose filing a this will be this is a motion
[51:38.180 --> 51:45.060]  to dismiss for lack of proper service. And defendant will show that defendant was never
[51:45.060 --> 51:52.340]  properly served. Now you've told him what you're going to tell him. And then if you look at
[51:52.340 --> 51:59.140]  filings in Alabama, if they have a jurisdiction section put a jurisdiction section. If they have
[51:59.140 --> 52:05.540]  a section stating who the plaintiffs are, most of this is done just in the original petition.
[52:06.100 --> 52:12.900]  But look at those motions and see what's standard. And if they have standard
[52:13.860 --> 52:19.940]  the paragraphs in each motion, just copy that right into yours. And then
[52:19.940 --> 52:27.540]  tell this is what the judge can hear from you. You can tell you can explain to the judge all
[52:27.540 --> 52:34.820]  your problems and why he should rule in for you and how just and honest it would be. And he may
[52:34.820 --> 52:45.540]  agree with you, but he can't rule in your favor unless you give him facts and then give him law
[52:45.540 --> 52:54.260]  as it relates to the facts. We have a case in Texas that addresses this really well. It says
[52:54.260 --> 53:03.540]  a judge has no discretion in properly applying the law to the facts. That's what he's there for.
[53:03.540 --> 53:10.020]  I once said as a judge in a mock trial in Massachusetts and these guys are arguing all
[53:10.020 --> 53:18.340]  this patriot stuff and I'm sitting there getting frustrated. Give me some facts about your case
[53:18.340 --> 53:24.100]  and some laws that relates to those facts. You're telling me all of this stuff and I may agree with
[53:24.100 --> 53:29.380]  you, we're done making a difference. I can't rule on any of that. You've got to give me facts and
[53:29.380 --> 53:37.220]  law. And I was surprised at how frustrating it was to hear this guy making these heartfelt
[53:37.220 --> 53:45.620]  arguments and pleas for justice and fair treatment. Yeah, yeah, yeah, all that's good,
[53:45.620 --> 53:51.060]  but that's not facts and law. I can't rule with any of that. So the only thing you want to give
[53:51.060 --> 54:00.180]  him is facts and law. You want to tell him how you found out this suit existed and that you did
[54:00.180 --> 54:09.060]  not find out by proper service and you need to look in Alabama law, look for how to serve
[54:09.780 --> 54:17.780]  an original petition. That's what a civil lawsuit is. The first document's called an original petition.
[54:18.580 --> 54:26.900]  How to serve. And in most states, in most jurisdictions, it'll have to be served by
[54:26.900 --> 54:34.100]  personal service, either by a constable, that's primarily what constables are there for.
[54:34.660 --> 54:39.780]  They give them other duties to do in the meantime, but primarily there to do service for the courts.
[54:40.660 --> 54:47.780]  Either by a constable or by some party, someone who is not a party to this suit,
[54:48.900 --> 54:53.860]  or someone who is not connected to you within two degrees of co-sanguinity.
[54:53.860 --> 55:01.140]  Your husband, your son, your first cousin, your next door neighbor, a friend,
[55:01.940 --> 55:06.180]  you can give it to them and they can go serve it. And that's personal service. You need a human
[55:06.180 --> 55:13.300]  being who doesn't have a dog in the hunt, who can say to the court, yes, your honor, I put that in
[55:13.300 --> 55:20.580]  their hands. That way, the other side can't say, I didn't get it. Right. And I've never happened.
[55:20.580 --> 55:28.740]  And so they can't say, you can say, I didn't get it. They didn't give you proper service,
[55:28.740 --> 55:34.980]  so the court has no jurisdiction. Right. And the one who was to serve it,
[55:36.100 --> 55:40.900]  I believe they also had to be 18 or older, they need to sign something that's called a return
[55:40.900 --> 55:47.460]  to show that they served it. And so the fact that the other side never served you anything,
[55:47.460 --> 55:54.100]  the lack of that document will also be in your favor there. Hey, one little thing, Valerie,
[55:54.100 --> 55:59.220]  you, back on this bit about taking a look at the, going to the court clerk and taking a look at
[55:59.220 --> 56:05.940]  documents there, just one little tip about that. If you go in there asking for a copy of it,
[56:06.500 --> 56:12.660]  they might try to charge you per page. But if you go in there saying you just want to take a look
[56:12.660 --> 56:20.980]  at it, inspection is always free. Okay. Okay. So just, just minor little detail. So just to
[56:20.980 --> 56:25.060]  hang on how you ask for that. Yeah. And never start a fight with the clerk.
[56:26.340 --> 56:30.020]  Peaky fights real carefully. Patriot movement, they fight with everybody.
[56:30.660 --> 56:33.860]  Say, no, no, don't fight with the clerks. Clerks don't have a dog in your hunt.
[56:34.740 --> 56:40.660]  And of all the people you ever deal with in the court system, you will find that the clerks
[56:40.660 --> 56:48.740]  are the most congenial, congenial and the most helpful. If you treat them with dignity and respect,
[56:48.740 --> 56:53.460]  they will do the same and they'll bend over backwards to help you. Wow.
[56:54.900 --> 57:00.020]  So you just tell them that I've been sued and I don't know anything about this. You got some
[57:00.020 --> 57:05.300]  suits, you know, tell them what the nature of the suit is. You got any other suits that are
[57:05.300 --> 57:10.900]  similar to this I can look at. So I can get an idea of how this is working. Every time I've done
[57:10.900 --> 57:14.580]  that, they brought me out everything I wanted. They just been over backwards to help.
[57:15.940 --> 57:21.940]  Even if I, even because Tuesday, they want me to meet with this person that could take my child.
[57:21.940 --> 57:27.220]  So I'm gonna send it off on Saturday, hoping they'll get it before then, a motion to dismiss.
[57:28.020 --> 57:33.140]  So is it too late to do it because they telling this person with them, I never agreed to that.
[57:33.140 --> 57:41.220]  Oh, wait a minute. This is this. It's not a private citizen coming after you. It's the state.
[57:42.820 --> 57:44.820]  It's a private citizen of plaintiffs.
[57:47.460 --> 57:52.100]  A private, it's not the state, but because he put the paperwork in, he gave him the order.
[57:52.100 --> 58:07.940]  Oh, okay. This is family law. That changes things. Not a whole lot. We still have to have proper
[58:07.940 --> 58:14.980]  service of this action. Although there's this does not sound like a civil petition.
[58:16.100 --> 58:20.980]  This sounds like a motion for either restraining order or motion for custody.
[58:20.980 --> 58:29.460]  And it's probably will fall under a divorce or separation of some other existing case. Hang on.
[58:30.260 --> 58:38.340]  Randy Kelton, Brett Fountain Rule of Law Radio. Our call in number 512-646-1984.
[58:38.340 --> 58:43.540]  We've got a couple empty slots on the board. So if you have a question or comment, give us a call.
[58:44.580 --> 58:45.780]  We'll be right back.
[58:45.780 --> 58:53.860]  Would you like to make more definite progress in your walk with God?
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[59:35.220 --> 59:48.900]  toll-free at 888-551-0102. That's 888-551-0102. Or visit us online at bfa.org.
[59:48.900 --> 01:00:07.060]  The Bill of Rights contains the first 10 amendments of our Constitution. They guarantee the specific
[01:00:07.060 --> 01:00:12.100]  freedoms Americans should know and protect. Our liberty depends on it. I'm Dr. Catherine Albrecht
[01:00:12.100 --> 01:00:16.500]  and I'll be right back with an unforgettable way to remember one of your constitutional rights.
[01:00:16.500 --> 01:00:22.580]  Privacy is under attack. When you give up data about yourself, you'll never get it back again.
[01:00:22.580 --> 01:00:28.100]  And once your privacy is gone, you'll find your freedoms will start to vanish too. So protect
[01:00:28.100 --> 01:00:34.100]  your rights. Say no to surveillance and keep your information to yourself. Privacy, it's worth
[01:00:34.100 --> 01:00:39.380]  hanging on to. This public service announcement is brought to you by startpage.com, the private
[01:00:39.380 --> 01:00:46.820]  search engine alternative to Google, Yahoo, and Bing. Start over with start page. Imagine your
[01:00:46.820 --> 01:00:51.860]  mom and dad are getting ready for bed. They pull back the covers and find a third party there.
[01:00:51.860 --> 01:00:56.100]  He announces, I'm with the military and I'm sleeping here tonight. That shocking image of
[01:00:56.100 --> 01:01:00.820]  a third party in my parents' bed reminds me what the Third Amendment was designed to prevent.
[01:01:00.820 --> 01:01:05.460]  It protects us from being forced to share our homes with soldiers, a common demand in the days
[01:01:05.460 --> 01:01:10.580]  of our founding fathers. Third party, Third Amendment, get it? So if you answer a knock at
[01:01:10.580 --> 01:01:14.900]  your door and guys and fatigues demand lodging, tell them to dust off their copy of the Bill
[01:01:14.900 --> 01:01:19.860]  of Rights and reread the Third Amendment. I'm Dr. Catherine Albrecht. More news and information
[01:01:19.860 --> 01:01:34.660]  at CatherineAlbrecht.com. The Bill of Rights contains the first ten amendments of our
[01:01:34.660 --> 01:01:39.700]  Constitution. They guarantee the specific freedoms Americans should know and protect. Our liberty
[01:01:39.700 --> 01:01:44.260]  depends on it. I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to
[01:01:44.260 --> 01:01:50.100]  remember one of your constitutional rights. Privacy is under attack. When you give up data
[01:01:50.100 --> 01:01:55.140]  about yourself, you'll never get it back again. And once your privacy is gone, you'll find your
[01:01:55.140 --> 01:02:00.900]  freedoms will start to vanish too. So protect your rights. Say no to surveillance and keep your
[01:02:00.900 --> 01:02:06.500]  information to yourself. Privacy, it's worth hanging on to. This public service announcement
[01:02:06.500 --> 01:02:11.940]  is brought to you by StartPage.com, the private search engine alternative to Google, Yahoo,
[01:02:11.940 --> 01:02:19.220]  and Bing. Start over with StartPage. Imagine four eyes staring at you through binoculars,
[01:02:19.220 --> 01:02:24.340]  a magnifying glass, or a pair of x-ray goggles. That imagery reminds me that the Fourth Amendment
[01:02:24.340 --> 01:02:29.460]  guarantees Americans freedom from unreasonable search and seizure. Fourth Amendment, four eyes
[01:02:29.460 --> 01:02:33.700]  staring at you? Get it? Unfortunately, the government is trampling our Fourth Amendment
[01:02:33.700 --> 01:02:39.940]  rights in the name of security. Case in point, TSA airport scanners that peer under your clothing.
[01:02:39.940 --> 01:02:44.580]  When government employees demand a peep at your privates without probable cause, I say it's time
[01:02:44.580 --> 01:02:49.380]  to sound the constitutional alarm bells. Join me in asking our representatives to dust off the
[01:02:49.380 --> 01:02:55.140]  Bill of Rights and use their googly eyes to take a gander at the fourth. I'm Dr. Catherine Albrecht.
[01:02:55.140 --> 01:03:00.740]  More news and information at CatherineAlbrecht.com.
[01:03:25.140 --> 01:03:55.060]  Okay, we are back. Randy Kelton, Brett Fountain, Rule of Law Radio,
[01:03:55.700 --> 01:04:04.340]  and we're talking to Valerie in Alabama. Valerie, that last revelation just changed things. Has
[01:04:04.340 --> 01:04:17.860]  there been a some legal action designating custody of a child? No, he just served me that this was
[01:04:17.860 --> 01:04:24.420]  he's asking for, but like I did appearing without appearing because I did the legal process through
[01:04:24.420 --> 01:04:30.420]  the mail so there wasn't a need for me to turn the hearing and I didn't. Wait a minute, is this an
[01:04:30.420 --> 01:04:37.540]  ex-husband or someone who fathered your child? This is a child's father and the reason I don't
[01:04:37.540 --> 01:04:42.180]  want to because he molested my kids a lot of years and I didn't know it and then I found out so this
[01:04:42.180 --> 01:04:49.940]  is why I can't have no feelings with him. Well, I'm trying to get the legal position here. So this
[01:04:49.940 --> 01:04:59.060]  is not a lawsuit per se, this is a petition for custody. Yeah, he wants me, he wants
[01:04:59.780 --> 01:05:08.580]  sole custody and I don't know why because he knows why, but pretty much I'm here in Alabama,
[01:05:08.580 --> 01:05:13.460]  he's in Georgia, so he came down here to do that and I've just been sending back their
[01:05:13.460 --> 01:05:22.180]  contracts within a timely manner. That won't help, that will not help you. Sending back
[01:05:22.180 --> 01:05:28.260]  his contracts in a timely manner will not help you at all. Yeah, you need to look at family
[01:05:28.260 --> 01:05:34.020]  code as it applies to child custody. It could well work against you, I hate to tell you this,
[01:05:34.020 --> 01:05:39.380]  but it could make you look to the court, you know, the people at that court, they're
[01:05:39.380 --> 01:05:45.620]  there, they're thinking in the box only a certain way, they don't care where they don't
[01:05:46.820 --> 01:05:51.700]  necessarily have the room to care about what's really right in your situation.
[01:05:51.700 --> 01:05:56.020]  They're not going to think about those things, they are only going to think inside the box,
[01:05:57.060 --> 01:06:00.980]  whether that's right or not. So when you go off saying stuff like that to them,
[01:06:00.980 --> 01:06:07.780]  they look at you like you're being uncooperative and they want you to obey a judge's order,
[01:06:07.780 --> 01:06:14.900]  that's really important to them, so people lose their children like that. I don't want to see
[01:06:14.900 --> 01:06:22.260]  that happen to you, especially in a situation where there's an abuser, so I hope you won't
[01:06:25.060 --> 01:06:30.180]  try to put stuff like that out there as you're going to be able to push this away from you
[01:06:30.180 --> 01:06:38.180]  and it's just going to go away. Research everything you can on child custody.
[01:06:40.340 --> 01:06:46.020]  Know what you're doing before you go in, this is too important. I did refuse the fuck out,
[01:06:46.580 --> 01:06:49.860]  that's what I did without this honor, so I don't know if that was wrong. That's
[01:06:51.460 --> 01:06:57.780]  frankly, that is horse manure. Yeah, you can experiment. Horse manure, it won't help. You
[01:06:57.780 --> 01:07:02.260]  can try experiments like that if you're dealing with the red light ticket or something where
[01:07:02.260 --> 01:07:08.980]  there's like a camera and you want to try experiments, but this is important. This is
[01:07:10.420 --> 01:07:14.580]  no, that's your children. You're in protection mode, don't do that, please.
[01:07:15.460 --> 01:07:24.500]  Read the codes. That's the only thing you can put before the court is what's in law.
[01:07:24.500 --> 01:07:31.140]  What these Patriot guys are trying to do is juxtapose contract law on civil law.
[01:07:33.300 --> 01:07:39.540]  They want to take the set of rules that they use in one place and bring it into another place
[01:07:39.540 --> 01:07:47.140]  and it doesn't fit and the courts are extremely impatient with that. They've gotten a lot of that.
[01:07:47.140 --> 01:07:54.020]  These guys always lose and they just keep doing it. I've been dealing with this for 30 years.
[01:07:54.020 --> 01:07:58.980]  I've been called all over the country to get people out of jail for doing this stuff
[01:07:59.940 --> 01:08:05.620]  and they just keep doing it. I think it's the feds that put these guys out there to
[01:08:06.500 --> 01:08:13.300]  cripple the legal reform movement by getting them to do this nonsense stuff so the courts
[01:08:13.300 --> 01:08:20.740]  have an easy way to just roll over them. All of that will do you no good at all. It will do you
[01:08:20.740 --> 01:08:31.060]  serious harm because the courts will peg you as a sovereign citizen and pay zero attention to anything
[01:08:31.060 --> 01:08:40.180]  you do. You have to give them facts and law. That's the only thing they'll pay attention to.
[01:08:41.780 --> 01:08:45.860]  Randy, do you think in Valerie's situation it would be appropriate for her to,
[01:08:45.860 --> 01:08:51.860]  like right now, and maybe tomorrow morning get it notarized, put a criminal complaint in that
[01:08:51.860 --> 01:09:00.420]  judge's hand that she has reason to believe and does believe that this man abused children and that way
[01:09:03.860 --> 01:09:09.540]  that way he has an issue that's sworn in front of him that's actually separate from whatever
[01:09:09.540 --> 01:09:15.300]  conversation goes on or doesn't go on with child protective services or anybody else. At least he
[01:09:15.300 --> 01:09:22.100]  has an issue. What do you think about that? Okay. It had for a long time it was standard
[01:09:22.100 --> 01:09:31.300]  procedure in any divorce proceeding that the wife's lawyer would get the wife to accuse the husband
[01:09:31.300 --> 01:09:39.220]  of molesting the children. It was just matter of course. We have metal detectors in the
[01:09:39.220 --> 01:09:46.260]  Fort Worth courthouse and the reason they're there is a lawyer was in a divorce proceeding and his
[01:09:46.260 --> 01:09:55.220]  wife accused him of molesting his children. He hasn't. They took everything from him. He came
[01:09:55.220 --> 01:10:00.980]  in the courtroom one day, pulled out a pistol, shot the lawyer dead, shot the judge dead,
[01:10:00.980 --> 01:10:07.220]  put down the pistol and said, prosecute me. They found him guilty. He refused to appeal
[01:10:07.220 --> 01:10:16.100]  and they executed him. They ruined his life and the lawyers have ruined that claim because they
[01:10:16.100 --> 01:10:26.180]  made that claim on everybody. So when you make this claim, it is an extraordinary claim. You have
[01:10:26.180 --> 01:10:33.620]  to have extraordinary evidence. They're likely to land on you like a ton of bricks. Be careful.
[01:10:33.620 --> 01:10:46.980]  This is deep water. Do you have extraordinary evidence? Yes, my son is artistic and I asked
[01:10:46.980 --> 01:10:55.380]  him and he told me and he showed me just like... Is he sufficiently competent to testify to this?
[01:10:56.740 --> 01:11:02.820]  No, he can't testify but if you ask him, he'll tell you. When I asked him, he said yes and then
[01:11:02.820 --> 01:11:10.180]  he showed me things to let me know because I've been molested as a kid. Then you need to take him
[01:11:10.180 --> 01:11:16.420]  and have him evaluated by a professional and get a statement from a professional that the court
[01:11:16.420 --> 01:11:24.260]  will listen to. Yes, Children's Advocacy Center, somewhere that they will do a real forensic
[01:11:24.260 --> 01:11:32.420]  analysis. They have a forensic interview that they do where it just has to happen once and they do
[01:11:32.420 --> 01:11:39.300]  it in a really tender kind of way that doesn't involve trying to tell the child a whole bunch
[01:11:39.300 --> 01:11:43.700]  of details. They're not really of an age to understand yet but they have a good way of
[01:11:44.340 --> 01:11:49.380]  asking the questions and getting the information they need and then that's all they need. It's
[01:11:49.380 --> 01:11:55.380]  recorded just like it would be a deposition. It's recorded so that it can be analyzed later
[01:11:55.380 --> 01:12:01.700]  instead of keep dragging the child through it over and over. There are groups out there who
[01:12:01.700 --> 01:12:09.540]  will do that and most of them will do it for free. Okay. I reported it to the police in Florida
[01:12:09.540 --> 01:12:14.020]  because I just moved here. I've been here a year and then he put in writing that he wanted to
[01:12:14.020 --> 01:12:20.820]  keep my doing like 60 times in writing to harm me in front of my children. Okay, that will go to
[01:12:20.820 --> 01:12:28.340]  a restraining order. Get that to these advocacy groups. There'll be child advocacy groups.
[01:12:28.340 --> 01:12:32.420]  Get that information to them. They'll help you do this.
[01:12:33.700 --> 01:12:36.980]  Okay. How do I go to the police department to get that?
[01:12:36.980 --> 01:12:40.100]  No. Do a search for child advocacy.
[01:12:41.220 --> 01:12:46.340]  Okay. Well, I don't have as much time because Tuesday got me thinking that I'm about to meet
[01:12:46.340 --> 01:12:50.660]  with this parent and he can take my child off and just steal him.
[01:12:50.660 --> 01:12:58.180]  Okay. Well, you've got tomorrow, Saturday, you've got Saturday, Sunday to look this up and then
[01:12:58.900 --> 01:13:03.380]  you can even try to call them tomorrow. They may be open, but certainly Monday morning,
[01:13:03.380 --> 01:13:06.820]  you ought to be sitting in their office dealing with that.
[01:13:08.260 --> 01:13:12.660]  To what, the courthouse? No, no, Children's Advocacy Center.
[01:13:13.700 --> 01:13:20.100]  Okay. I can do that. Do a Google search. You'll find several of these groups and call them.
[01:13:20.100 --> 01:13:25.700]  They'll tell you what you can do. And they will most likely have someone manning phones,
[01:13:25.700 --> 01:13:30.340]  probably 24 seven. Yeah. And when they help with this restraining order,
[01:13:30.340 --> 01:13:35.700]  that will go to protect you and your children from these threats of violence.
[01:13:36.660 --> 01:13:41.460]  Yeah. He put it in writing over 60 times that I ought to come in and kick your door in and
[01:13:41.460 --> 01:13:47.060]  beat you. And he put it in writing over 60 times. That's enough to get a restraining order.
[01:13:47.060 --> 01:13:52.740]  Yeah. I'll go, I'll go to the advocate then. Since it's at the last minute,
[01:13:52.740 --> 01:13:56.340]  if I can't get no more, I could just go to the police department and try there.
[01:13:57.220 --> 01:13:59.380]  Yes, you can do this. The police would be,
[01:14:01.140 --> 01:14:06.500]  the police would just want to take a statement that they can maybe get you and can in touch
[01:14:06.500 --> 01:14:12.660]  with somebody, but it's best if you can go there yourself. Yeah. If you need to talk to the police,
[01:14:12.660 --> 01:14:18.980]  ask them who can help you in there. The police, a lot of people think the police are really the
[01:14:18.980 --> 01:14:25.940]  bad guys. They're not always the bad guys. When you're talking about children, everybody will
[01:14:25.940 --> 01:14:31.940]  get on your side. So if you can't find anywhere else, talk to the police and tell them what you
[01:14:31.940 --> 01:14:36.420]  got and ask who's available, who can help you. They'll help you find it.
[01:14:36.420 --> 01:14:43.540]  Because I'm like, I'm really embarrassed because I just let this go on too long and I was just
[01:14:43.540 --> 01:14:47.380]  trying to keep the peace. I would have been the guy to restrain the order, but I felt like they
[01:14:47.380 --> 01:14:52.180]  would make them bad. They would take him off and get him started more. But honestly, I'm afraid
[01:14:52.180 --> 01:14:57.940]  for me and my child to be around him. And I'm very sad at that because the child really need
[01:14:57.940 --> 01:15:05.860]  both parents to be, you know, um, bad. Okay. Has he ever, okay, just go to take this to the police.
[01:15:05.860 --> 01:15:14.260]  They will help you find the right people. Okay. But on Tuesday, they got me meeting him at nine
[01:15:14.260 --> 01:15:18.580]  o'clock. I don't want to go to there. I don't want to be stupid. You got time to handle that.
[01:15:19.700 --> 01:15:24.260]  Okay. You get to these people Monday. They'll get something and take it down to the court.
[01:15:25.140 --> 01:15:32.180]  Ask for a emergency restraining order and ask for a continuance on this meeting.
[01:15:32.180 --> 01:15:45.540]  Okay. Let me give you a phone number. Okay. This is in Montgomery, Alabama.
[01:15:46.980 --> 01:15:54.420]  It's an organization called Child Protect. They're part of the Child Advocacy Centers
[01:15:54.420 --> 01:16:04.900]  in Alabama. And their phone number is 334-262-1220.
[01:16:07.940 --> 01:16:12.820]  It says their executive director is a lady named Kristen Bird.
[01:16:12.820 --> 01:16:24.420]  Okay. Okay. 334-262-1220.
[01:16:25.780 --> 01:16:30.020]  Oh, I thank y'all so much. Like, please just let me give y'all a donation, please.
[01:16:30.660 --> 01:16:34.340]  I really just want to do it because I need to find somebody to do it on the record.
[01:16:34.340 --> 01:16:42.580]  Thank you. Okay. Thank you, Valerie. Keep us up to date on how this works out.
[01:16:43.300 --> 01:16:49.780]  Yeah. I'm going to do that. Thank you so much. Okay. This is Randy Kelton, Brett Fountain. Rule of
[01:16:49.780 --> 01:16:57.140]  Law Radio. We're going to our sponsors. We've got a full board of callers now. Hang on.
[01:16:57.140 --> 01:17:03.540]  We'll be right back. Are you being harassed by debt collectors with phone calls, letters,
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[01:20:27.860 --> 01:20:36.660]  Okay, we are back. Randy Kelton, Brett Fountain, Rue de Blois
[01:20:36.660 --> 01:20:48.980]  Radio and we're going to Chris in Colorado. Chris, where have you been? Hello, Randy. Hello, Brett.
[01:20:48.980 --> 01:20:55.940]  Yeah, I disappeared for a bit. I took a break from life. I'm still trying to heal a bit from that
[01:20:55.940 --> 01:21:08.020]  accident but back in the swing, how is everybody there? So how are your cases going? That's
[01:21:08.020 --> 01:21:19.060]  on Colin. Before I took off for a bit, I dropped a discovery on defense and today I think is day
[01:21:19.060 --> 01:21:24.660]  30 and they have not responded yet. So that's question number one. They have 30 days to respond
[01:21:24.660 --> 01:21:30.820]  to the interrogatories and requests for production. Yeah, this is kind of standard.
[01:21:30.820 --> 01:21:38.740]  They will never respond until the judge orders them to. Did you listen to the first part about
[01:21:38.740 --> 01:21:47.220]  the Stowers Doctrine? I heard some of that, yeah. Look up the Stowers doctrine in Colorado.
[01:21:47.220 --> 01:21:54.420]  This may be a way to get them to write you a check and you don't have to have a big fight.
[01:21:58.180 --> 01:22:01.780]  All right. Well, this is for the towing in Illinois. That's the one I'm doing
[01:22:01.780 --> 01:22:05.460]  discovery for right now, that towing lawsuit. I haven't done any other lawsuits yet.
[01:22:06.660 --> 01:22:13.140]  Oh, okay. Yeah. Well, look up the Stowers doctrine. It applies everywhere
[01:22:13.140 --> 01:22:18.340]  and you may not have to sue. It's in a tort letter.
[01:22:20.660 --> 01:22:29.780]  And I'll see. Okay. You're already in litigation in Illinois, aren't you? So the discovery is not
[01:22:29.780 --> 01:22:37.940]  a problem. You might put in a discovery request for any insurance or bonding they have.
[01:22:37.940 --> 01:22:44.820]  I've got that. I've got the part of the Illinois initial disclosures.
[01:22:47.060 --> 01:22:54.420]  They are required to supply any insurance contract. Okay. How much insurance do they have?
[01:22:56.900 --> 01:23:01.940]  Well, they technically have unlimited, but this isn't this isn't a personal injury or an accident
[01:23:01.940 --> 01:23:09.860]  case. This is a fraud case. So it's kind of complicated in that the insurance company is
[01:23:09.860 --> 01:23:17.700]  representing them only because they are somewhat obligated because I'm suing the insurance.
[01:23:17.700 --> 01:23:27.940]  I'm suing the tow company. They do have a policy, right? But they're not necessarily on the hook
[01:23:27.940 --> 01:23:34.340]  for any punitive action or any action of their client's fraudulent behavior. There's a...
[01:23:34.900 --> 01:23:38.020]  Okay. Hold on. Hold on. Yeah, they are.
[01:23:40.580 --> 01:23:50.740]  If you give them a Stowers offer, if you'll settle with me for the limit of the coverage,
[01:23:50.740 --> 01:24:02.500]  I'll drop this whole case. And if you don't, and I win any amount above the limits of your
[01:24:02.500 --> 01:24:08.900]  coverage, you're responsible. That's what the Stowers doctrine is. You have to pay it.
[01:24:11.300 --> 01:24:20.660]  You make the offer to drop everything if they pay. They can't gamble with the client
[01:24:20.660 --> 01:24:27.540] 's money. So even though this claim is not covered by them, it's the client's money.
[01:24:27.540 --> 01:24:34.260]  You made an offer to drop everything. They choose not to accept it. Then under the Stowers
[01:24:34.260 --> 01:24:38.260]  doctrine, and they're responsible for everything. It puts the dime right on them.
[01:24:41.220 --> 01:24:48.740]  Well, I'll look that up, Randy, because if that is a leverage point in this type of case,
[01:24:48.740 --> 01:24:52.820]  that would work, because how the federal courts work, and I kind of like being there,
[01:24:52.820 --> 01:24:56.340]  and everybody I talk to says, do not leave the federal court unless you have to,
[01:24:56.340 --> 01:24:58.420]  because if you get the state court, it's going to be a mess.
[01:24:59.380 --> 01:25:04.740]  But one of the first things the judge tried to do is get me before his magistrate judge,
[01:25:04.740 --> 01:25:10.820]  so we're always on the cusp of a settlement conference. And so that's coming very soon
[01:25:12.500 --> 01:25:17.860]  if we get some more action from the actual judge. He still hasn't ruled on a second motion to dismiss,
[01:25:17.860 --> 01:25:23.060]  but the magistrate judge, we are now only before the magistrate judge for most stuff,
[01:25:23.060 --> 01:25:26.180]  and she's checking in with us every month or two to see where we're at,
[01:25:26.980 --> 01:25:33.700]  and she's going to initiate a settlement conference. I'm also going to put forth a settlement offer
[01:25:33.700 --> 01:25:38.500]  in the next couple of weeks, because that's been told to do. So what you're saying makes a lot of
[01:25:38.500 --> 01:25:47.300]  sense. Okay, here's the deal. I'm looking at a brief lawyer's explanation of Stowers doctrine,
[01:25:47.300 --> 01:25:53.700]  and what he says is don't say Stowers. Don't mention it. Just give them the offer
[01:25:55.060 --> 01:26:00.660]  and give them an offer that's within their coverage range,
[01:26:02.740 --> 01:26:10.660]  and that binds them. Whether they know it or not, that binds them. Then if they don't settle, then
[01:26:11.860 --> 01:26:12.260]  go ahead.
[01:26:12.260 --> 01:26:17.060]  No, these are million-dollar policies. We're not even close to that.
[01:26:19.460 --> 01:26:23.380]  This is a commercial insurance policy, so they have to have a lot of insurance.
[01:26:24.500 --> 01:26:30.340]  But we're talking fractions of that for settlement, but they're trying to get me down
[01:26:30.340 --> 01:26:36.580]  to like $4,000 for the damage to the vehicle. But what nobody seems willing to land on,
[01:26:36.580 --> 01:26:44.820]  including my judge, this is a fraud case. So that adds punitive up to 10x. So you give the
[01:26:46.900 --> 01:26:55.700]  offer to settle, and let them deny it. Have you already made an offer to settle?
[01:26:57.860 --> 01:27:05.620]  No, I have to put that forth next week. But how it works is... I made them an offer to settle
[01:27:05.620 --> 01:27:10.340]  before I even filed a lawsuit, and they just ignored me. You got them. You got them.
[01:27:11.220 --> 01:27:16.660]  That's it. Was the offer to settle within their coverage?
[01:27:18.500 --> 01:27:26.900]  Oh, yeah. It was only for $20,000. Okay. So anything... If you win more than $20,000,
[01:27:26.900 --> 01:27:37.860]  they have to pay it. If the fraud winds up with the jury being irate and bills them $2,000,000,
[01:27:38.980 --> 01:27:44.900]  they have to pay it. They have to pay the full amount.
[01:27:48.180 --> 01:27:53.540]  That's a good point. I'll look that up, because if that really can be leveraged against them in
[01:27:53.540 --> 01:28:00.500]  the background, then I don't... Part of the next part is I have to negotiate. There's a negotiation
[01:28:00.500 --> 01:28:04.980]  process. I say one number, and they come with a low number. Then I say, okay, I'll come down to this,
[01:28:04.980 --> 01:28:08.420]  and they come up to this. It's that type of thing, and that's what's encouraged by...
[01:28:09.300 --> 01:28:16.420]  You do not have to negotiate. You give them this number, and this is the number.
[01:28:16.420 --> 01:28:24.260]  They can make you... Just because they make you a counter offer, you don't have to counter their offer.
[01:28:26.740 --> 01:28:30.500]  If you say $20,000, and they say $5,000, then you say $30,000.
[01:28:32.740 --> 01:28:34.340]  Yeah, let's negotiate, guys.
[01:28:34.340 --> 01:28:42.580]  You have no duty to bandy with them.
[01:28:47.700 --> 01:28:49.700]  You want $20,000? Stand on $20,000.
[01:28:51.380 --> 01:28:56.420]  Well, no, we're way above $20,000 now. $20,000 was what it cost me two years ago.
[01:28:56.420 --> 01:29:05.940]  Now, kick it way on up there. Oh, I did. The suit's way above that. It's 10 times that, but
[01:29:10.660 --> 01:29:15.620]  how I've been told by some... In Illinois, they have a thing called Hibbler, and it's a federal
[01:29:16.180 --> 01:29:23.780]  volunteer help desk for prostates. They do this, so they actually require
[01:29:23.780 --> 01:29:32.020]  seasoned federal attorneys to volunteer. It's like part of their... I don't know what you call that,
[01:29:32.020 --> 01:29:41.380]  the residency type of thing. Yeah, pro bono work. Every lawyer has to do a certain amount of pro bono
[01:29:41.380 --> 01:29:48.580]  work. Hang on. About to go to our sponsors, Randy Kelton, Brett Fountain, Rule of Law Radio.
[01:29:48.580 --> 01:29:55.460]  We have a full board of colleagues. We have Valerie on, and Valerie, unless you have another question,
[01:29:55.460 --> 01:29:58.820]  drop off so somebody else can call here. We'll be right back.
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[01:31:20.420 --> 01:31:25.540]  avoid the sweet stuff altogether and drink water instead. I'm Dr. Catherine Albrecht,
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[01:33:33.860 --> 01:33:50.820]  Okay, we are back. Randy Kelton, Brent Fountain, Rule of Law Radio,
[01:33:51.460 --> 01:33:57.620]  and we're talking to Chris in Colorado. Okay, Chris, where were we?
[01:33:57.620 --> 01:34:06.500]  I think we were talking about settlement procedures, but the Hibbler guys,
[01:34:07.860 --> 01:34:12.020]  almost every single one of those attorneys has actually been pretty good and very supportive,
[01:34:12.020 --> 01:34:17.540]  and they're in federal court every week. So a lot of them have been doing it 20, 30 years,
[01:34:17.540 --> 01:34:23.060]  actually. So they've helped me tremendously learn kind of the procedures and how to not
[01:34:23.060 --> 01:34:31.540]  upset the judges too much. But they've also warned me that federal court is also very
[01:34:32.820 --> 01:34:36.660]  streamlined in particular, and you don't want to make excessive mistakes. It's okay to make some.
[01:34:37.220 --> 01:34:42.820]  That's just the gist of it. But they said, basically, if I go too high on dollar amounts,
[01:34:42.820 --> 01:34:49.220]  they'll cite me all the way to trial. And- No, tell them that's okay. Yeah, that's okay, guys,
[01:34:49.220 --> 01:34:55.540]  because if I win, I win the whole thing, you have to pay the whole works. If these lawyers
[01:34:55.540 --> 01:34:58.660]  have talked to you, you might let them know you know about the storage doctrine.
[01:35:00.340 --> 01:35:07.940]  Okay. I'm willing to go to trial. I'm just- I'm doing some cost analysis on my own
[01:35:07.940 --> 01:35:13.940]  emotional energy, too. If we can settle this out of court for a fair amount, I'm probably
[01:35:13.940 --> 01:35:21.780]  willing to do that. So I have to play to their game slightly. I can't just come in there,
[01:35:21.780 --> 01:35:25.940]  because the next part is a summary judgment process, and I know nothing about that.
[01:35:26.740 --> 01:35:31.860]  But one of the lawyers warned me, he says, you know, if you don't have that dialed in really
[01:35:31.860 --> 01:35:38.980]  well, your case can get dismissed in the summary judgment process. It's one of the more complicated
[01:35:38.980 --> 01:35:45.940]  parts of the process. So I'm not that intimidated by that statement, but, you know, I've been at
[01:35:45.940 --> 01:35:54.420]  this for almost two years. So- One thing that the courts are very good at, when you file an act,
[01:35:54.420 --> 01:35:58.820]  file a motion or a pleading, if you have screwed up, they will tell you.
[01:36:00.900 --> 01:36:06.580]  If the other side screwed up, they'll tell the other side. The federal courts are really good
[01:36:06.580 --> 01:36:15.700]  about this. And we had Mardishe out of Florida. He was furious at the federal court for dismissing
[01:36:15.700 --> 01:36:22.260]  his case. I told him, wait, wait, wait, wait, hold on. The court will have provided you with a
[01:36:22.260 --> 01:36:29.140]  judgment to go along with the ruling. Read that judgment carefully. Now, he took it and read it
[01:36:29.140 --> 01:36:38.020]  and called back and he said, you were right. They told me exactly what I did wrong. So I told him,
[01:36:38.020 --> 01:36:46.340]  prepare an amended pleading. And the first thing you do is tell the court that its criticisms
[01:36:46.340 --> 01:36:55.140]  in its first ruling are well taken. And you're filing this amended pleading to address the
[01:36:55.140 --> 01:37:01.860]  issues brought up by the court. Well, he did that. And they dismissed his case again.
[01:37:04.260 --> 01:37:11.540]  But in this one, they commented three times in the course of the ruling that Mr. Mardishe
[01:37:11.540 --> 01:37:18.260]  indicated that our original criticisms were well taken. And we hope that these will be as well taken.
[01:37:18.260 --> 01:37:27.060]  That means he really got their attention. And the courts get a lot of criticism,
[01:37:27.060 --> 01:37:33.140]  especially from process. But we have, have you been listening to Tina?
[01:37:35.540 --> 01:37:41.140]  No, I haven't listened in quite a while. Tina, Tina, are you there?
[01:37:42.580 --> 01:37:43.220]  Yes, I am.
[01:37:43.220 --> 01:37:54.340]  Tell him about that. About treating the courts with dignity and respect and how you get it back.
[01:37:57.300 --> 01:38:03.540]  Well, we were just in a hearing and the plaintiffs in support of us dressed properly,
[01:38:03.540 --> 01:38:10.500]  you know, didn't show emotion. We did everything the court ordered us to do or the judge in his
[01:38:10.500 --> 01:38:18.820]  orders, the other side did nothing. And, you know, he, the judge made mention of it,
[01:38:18.820 --> 01:38:25.540]  he gave them every chance. And then instead of us going to trial next week, he vacated the trial
[01:38:25.540 --> 01:38:32.420]  and said that he was ruling for the plaintiffs. So, you know, you're really giving them the respect
[01:38:32.420 --> 01:38:38.260]  that you, without being obsequious, of course, because a lot of times I don't call judges your
[01:38:38.260 --> 01:38:43.700]  honor, it depends on whether I find them in honor. This one was, so I did call him your honor.
[01:38:44.980 --> 01:38:51.780]  But, you know, it really played in our favor by reading the rules, you know, what colors to wear,
[01:38:52.660 --> 01:39:00.180]  how not to, you know, look, roll your eyes. And Brett knows about that one with one of the attorneys
[01:39:00.180 --> 01:39:08.660]  that got the judge's ire up for that Ms. Patty. Remember that, Brett? I sure do.
[01:39:09.700 --> 01:39:16.100]  Yeah. Told that attorney what for? He did, because he was, you know, leaning back in the chair,
[01:39:16.100 --> 01:39:20.340]  rolling his eyes, and he said, if you're not interested in this case, you better leave.
[01:39:21.460 --> 01:39:26.260]  So, yeah, it's, and this was in bankruptcy court, so it's a federal.
[01:39:26.260 --> 01:39:35.060]  So, yeah, so, Chris, just don't be afraid of the federal court. So, I like them better.
[01:39:35.060 --> 01:39:41.380]  I'm in the process of suing in the state court, but that's only because I want to get the state court
[01:39:41.380 --> 01:39:50.340]  to screw everything up so I can take the state to the Fed. I'm just giving them an opportunity,
[01:39:50.340 --> 01:39:56.660]  but the Fed court, I like the Fed court. They do not want to see you. They want to do everything
[01:39:56.660 --> 01:40:04.660]  in writing. And for me, that works great. And as long as you treat them with dignity and respect,
[01:40:04.660 --> 01:40:10.740]  they'll do the same thing. Yeah, it's been a pretty cordial experience,
[01:40:10.740 --> 01:40:16.020]  I got to be honest with you. I mean, there's obviously some bias towards
[01:40:16.020 --> 01:40:20.980]  proceeds to keep challenging them, but I like Tina's statement. I mean, she's obviously been an
[01:40:20.980 --> 01:40:26.260]  example of always showing up and doing the best that she can. And it sounds like it's always
[01:40:26.260 --> 01:40:33.380]  been rewarded or mostly been rewarded. I haven't gotten to any end results. I am getting close,
[01:40:33.380 --> 01:40:42.340]  though, to pre-child actions and pre-child activity. So, I'm trying to weigh the ups and
[01:40:42.340 --> 01:40:46.100]  downs. And basically, there's some numbers behind the scenes. I don't know how true this is,
[01:40:46.100 --> 01:40:54.420]  but basically, lawyers have said if you're asking for $75,000 to $100,000 or more,
[01:40:55.300 --> 01:41:00.740]  most of the time, they will fight you to the trial. But they know they have a losing case here.
[01:41:00.740 --> 01:41:04.980]  They cannot win, but it's just how much they're going to lose is the next issue.
[01:41:05.700 --> 01:41:10.180]  And so they've already stated they want a settlement conference. They want to settle
[01:41:10.180 --> 01:41:14.900]  this, but what they're trying to do is get them screwing up over and over. And I've already
[01:41:14.900 --> 01:41:20.820]  got them screwing up a couple of times. So, they're playing poker. Oh, yeah.
[01:41:21.700 --> 01:41:29.700]  This is all poker. You mentioned the storage doctrine. That's just part of your poker face.
[01:41:31.780 --> 01:41:34.740]  You might ask the lawyer, what do you know about the Stowers doctrine?
[01:41:34.740 --> 01:41:44.340]  Doctrine. Guys, listen to this radio show. They were talking about something called a
[01:41:44.340 --> 01:41:51.140]  Stowers doctrine. You know what that is? And if you listen closely, you'll be able to hear his
[01:41:51.140 --> 01:42:00.740]  anal sphincter squeeze and shut. Yeah. You ever noticed that attorneys are always kind of
[01:42:00.740 --> 01:42:06.340]  uppity and nervous? Is that something that's bred on them, that's taught in law school?
[01:42:07.780 --> 01:42:15.700]  Yes. They are terrified of the courts. When lawyers go to law school,
[01:42:17.300 --> 01:42:20.980]  they teach them how to argue legal issues and such. One thing they never tell them
[01:42:21.860 --> 01:42:25.860]  is you're going to spend the rest of your professional career
[01:42:25.860 --> 01:42:34.980]  kissing some arrogant judges behind. Because if you don't, he can crush your career on a whim.
[01:42:36.660 --> 01:42:44.900]  And they can. Lawyers are terrified of them. Two primary things they fear the most
[01:42:44.900 --> 01:42:57.220]  is missing something, quoting bad law. That's why lawyers since Westlaw came in with this
[01:42:57.220 --> 01:43:03.700]  search engine, where instead of going to an illegal encyclopedia and getting 10 or 15 cases
[01:43:03.700 --> 01:43:09.300]  everybody uses, you can go to their search engine and get 10,000 cases that nobody ever heard of.
[01:43:09.300 --> 01:43:16.660]  So, everybody started specializing, no more general practice, so that they would have all
[01:43:16.660 --> 01:43:21.700]  the relevant case law on their issue. They couldn't know all the case law for everything.
[01:43:21.700 --> 01:43:29.300]  They ruined the practice of law. And lawyers are terrified of filing a document with bad law in it.
[01:43:30.340 --> 01:43:36.420]  And if you've been listening to the show, when I've cited case now, I'm going to that case
[01:43:36.420 --> 01:43:43.220]  and pulling out the quotation from the case. And if that quotation refers to another case,
[01:43:43.220 --> 01:43:54.100]  I go to that one. Hang on, annoying music again. When we come back, I'll talk about
[01:43:54.100 --> 01:43:58.260]  belligerent litigants. And I'm getting belligerent about that. Be right back.
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[01:46:27.060 --> 01:46:32.260]  Okay, cameras lurking around. Come on, fingery, come on.
[01:46:37.380 --> 01:46:43.620]  Okay, we are back. Randy Kelton, Brett Fountain, rule of law radio, and we're talking to Chris in
[01:46:43.620 --> 01:46:48.260]  Colorado. And Chris, it might be a time to play a little poker with them.
[01:46:48.260 --> 01:47:02.420]  Okay, there, Chris. But just a mention of it, we had, Brett, you were talking, you had a guy who
[01:47:03.700 --> 01:47:08.340]  had bar grievance written on the corner of his legal pad.
[01:47:08.340 --> 01:47:23.620]  Yeah, a friend of mine was asking a few things and apparently whatever piece of paper he had,
[01:47:23.620 --> 01:47:29.780]  some little pamphlet or something, and he had it along with all of his legal paperwork there for
[01:47:29.780 --> 01:47:35.700]  his case. And so when I was talking to him, he scribbled himself a little note and it said
[01:47:35.700 --> 01:47:45.140]  something like state bar grievance that he had scribbled onto the margin of whatever little
[01:47:45.140 --> 01:47:52.260]  flyer he had. And when he, next time he saw that lawyer, he opened up the folder and the
[01:47:52.260 --> 01:47:59.060]  lawyer saw that little pamphlet and freaked out, immediately wanted to withdraw.
[01:47:59.060 --> 01:48:08.020]  Oh, he started talking about he can't work like this. It's like he has a knife to his throat,
[01:48:08.020 --> 01:48:11.300]  the gun to his head, and he's not going to be like this. This is can't work.
[01:48:15.860 --> 01:48:18.900]  It's his lover. You should not play poker.
[01:48:21.780 --> 01:48:26.180]  And he says, well, that there wasn't anything about you that was just written in the margin.
[01:48:26.180 --> 01:48:32.180]  I wasn't talking to you about I wasn't planning on. He says, well, how am I supposed to know that
[01:48:32.180 --> 01:48:42.180]  his voice went up like two octaves? Yeah, that might be a good idea. You put it on a
[01:48:43.380 --> 01:48:50.820]  note on your notepad where it's big enough. They'll see it and let them sneak a peek at your notepad
[01:48:50.820 --> 01:48:58.740]  and see Storrs document on doctrine on there. And nobody will say a word about it.
[01:49:00.740 --> 01:49:02.660]  They'll pretend like they didn't see it.
[01:49:06.500 --> 01:49:08.260]  How do you spell that? How do you spell Storrs?
[01:49:09.700 --> 01:49:12.820]  S T O W E R S and there's no apostrophe.
[01:49:12.820 --> 01:49:21.860]  S T O R W S document. Okay.
[01:49:23.620 --> 01:49:26.980]  You missed the W in there. I'm sorry. You're right.
[01:49:28.420 --> 01:49:33.060]  No, ready. You said it right, but he didn't have the W when he recalled it there.
[01:49:33.060 --> 01:49:42.020]  It's S T O W E R S like somebody that stows something.
[01:49:43.780 --> 01:49:45.940]  Yeah, I have an R and a W, Brett.
[01:49:51.460 --> 01:49:55.220]  All right, I'll look that up. Yeah, it's definitely time to play poker, but I'm
[01:49:56.660 --> 01:50:00.180]  also want to call them out on strategy. So you originally said in the beginning, Randy,
[01:50:00.180 --> 01:50:07.540]  that they can they'll just ignore document, I mean, a discovery request until the judge
[01:50:07.540 --> 01:50:12.260]  orders them to motion to compel. Yeah, that's that standard procedure.
[01:50:15.940 --> 01:50:22.900]  That's pretty dirty. Yeah, that's, everybody does it. Nobody produces anything
[01:50:22.900 --> 01:50:27.780]  until the judge orders them to cause you might produce something that the judge would otherwise
[01:50:27.780 --> 01:50:37.220]  not order. So why risk it? Well, no, the federal rules of discovery,
[01:50:37.220 --> 01:50:44.740]  I forget what it is. It's rule 12B6 was one of our first ones. They were ordered by the court
[01:50:44.740 --> 01:50:50.020]  rules to do that. There was no getting around that. So they supplied stuff. I supplied everything
[01:50:50.020 --> 01:50:54.980]  because everything makes them look bad. And now we're supposed to do the second round,
[01:50:54.980 --> 01:51:00.260]  and it clearly states they have 30 days to answer those discoveries. So I'm pretty sure I can
[01:51:01.380 --> 01:51:05.700]  tell the court that they didn't do it. And then I can just. Yeah, you can do that.
[01:51:06.260 --> 01:51:12.180]  But see, it's kind of standard procedure. Nobody produces anything unless the court orders it.
[01:51:13.860 --> 01:51:20.980]  They follow the rules that you request it. They refuse, they object to it. And then the court has
[01:51:20.980 --> 01:51:29.540]  to order it. Just the way the system works. Okay, well, I'll speed that up. I'll just,
[01:51:30.260 --> 01:51:35.300]  I'm told we have to do two rounds of like, Hey, did you get this? And if they know, or we're not
[01:51:35.300 --> 01:51:38.980]  going to answer, and if they okay, give me one more chance, they're supposed to be two rounds,
[01:51:38.980 --> 01:51:45.140]  apparently, to how procedure works. But I might just jump right to motion to compel.
[01:51:45.140 --> 01:51:51.700]  No, if the rules require, or does standard procedure
[01:51:53.460 --> 01:51:57.540]  require two rounds, if it does, just follow the procedure.
[01:51:59.140 --> 01:52:03.620]  Yeah, it's some of its customary. And then I think actually, I think it's the rules,
[01:52:03.620 --> 01:52:06.820]  they told me that's the rules, but the 30 days, they're supposed to respond, they're supposed
[01:52:06.820 --> 01:52:10.740]  to at least say, Yeah, we're not in this, we're objecting all this, they're supposed to have
[01:52:10.740 --> 01:52:15.940]  something. And that's the thing is they didn't supply anything this time, they, they, they did
[01:52:15.940 --> 01:52:21.300]  the first time, because we're both, we're both required by a certain date, that you're right,
[01:52:21.300 --> 01:52:26.100]  that is ordered by the judge, that one was ordered, initial discovery, it's called,
[01:52:27.140 --> 01:52:31.540]  that is due by a certain date. So we have that in by that date. And we don't have to let the court
[01:52:31.540 --> 01:52:35.380]  know that we did that, we're just supposed to do that between one another, which we both did.
[01:52:35.380 --> 01:52:42.420]  But now we're into regular discovery, and there's no order, there's just a final deadline.
[01:52:43.220 --> 01:52:46.500]  Yeah, and they won't produce any discovery without an order.
[01:52:49.620 --> 01:52:57.460]  Okay. Okay, you're the lawyer. And what if you produce something, because the other guy asked
[01:52:57.460 --> 01:53:04.180]  for it, and he gets to clobber you with it. But there's a good chance, if you got to the judge,
[01:53:04.180 --> 01:53:14.500]  the judge wouldn't order you to produce that. That's an oops. So that's the good.
[01:53:16.260 --> 01:53:20.660]  Wouldn't that go clog up the system, because nobody would do anything until the judge ordered it.
[01:53:20.660 --> 01:53:25.140]  So there'd be no, no need for rules. That's the way, that's the way it works.
[01:53:26.820 --> 01:53:29.860]  It does kind of clog up the system, but that's the way everybody does it.
[01:53:29.860 --> 01:53:39.540]  Okay. It may not be right, but that's how it works in the world we live in.
[01:53:43.060 --> 01:53:46.420]  Well, I'm going to go ahead and answer theirs. I'm going to go ahead and be,
[01:53:46.420 --> 01:53:51.620]  and be the example, do what Tina does. I'm going to follow the, the unspoken rules and the written
[01:53:51.620 --> 01:53:57.140]  rules, and let the judge know that these attorneys are no different than any other attorney.
[01:53:57.140 --> 01:54:02.260]  So let's see how that pans out. It may be a good strategy. Yeah, just pay a real close
[01:54:02.260 --> 01:54:10.100]  attention to what you're revealing. If it's something that can be used against you, object to it.
[01:54:12.020 --> 01:54:19.300]  That way, if the judge orders you to produce it, then you can lodge your objection to it.
[01:54:19.300 --> 01:54:29.540]  That gives you the opportunity to appeal that later on. If you just give them the discovery,
[01:54:29.540 --> 01:54:35.540]  then you have no grounds for appealing, ruling, ordering you to produce it later.
[01:54:38.100 --> 01:54:46.660]  Okay. Yeah, good point. Good point. Okay. I feel probably taken up enough time. I have
[01:54:46.660 --> 01:54:49.700]  some more questions, but I'll save them. I have plenty of time to another night.
[01:54:51.780 --> 01:54:57.780]  Okay. Well, thank you very much and keep us up to date. Thank you, Randy. Okay. Thank you.
[01:54:58.660 --> 01:55:03.540]  Okay. We do have a couple of empty slots on the board. We had two people on earlier,
[01:55:04.420 --> 01:55:10.500]  and they both dropped off at once. So if you're listening, call us back. This is
[01:55:10.500 --> 01:55:21.540]  the Rue Law Radio 512-646-1984. We're going to Tina in California. Hello, Ms. Tina.
[01:55:22.820 --> 01:55:27.940]  You're supposed to say sweet Tina, Randy. Sweet Tina. Sweet Tina. I was not thinking,
[01:55:27.940 --> 01:55:34.340]  Charles, that never even came to mind. Well, a quick comment on Chris, by the way.
[01:55:34.340 --> 01:55:40.660]  You know, what I did when the other side, you know, failed to do things, I just filed a declaration
[01:55:40.660 --> 01:55:48.340]  to the court, you know, with my attempt to email, phone calls, put the dates. His party failed to
[01:55:48.340 --> 01:55:53.700]  follow the rules, because as the attorney at the helpline said, he said, if a case is open,
[01:55:53.700 --> 01:56:00.180]  you can file anything you wanted it. He said, doesn't he? So he said, the judges don't know
[01:56:00.180 --> 01:56:06.100]  what's going on unless you let them know. So he could just file a declaration. He has to send
[01:56:06.100 --> 01:56:11.380]  the copy to the other side. That might put a little fire up their butt, knowing that he's letting
[01:56:11.380 --> 01:56:17.460]  the court know that they're messing around. That's a good idea. That's an interesting
[01:56:18.420 --> 01:56:25.860]  methodology. I hadn't considered that. So you're not asking the court to do anything,
[01:56:25.860 --> 01:56:30.740]  you're just putting it on the record, what they're doing.
[01:56:32.260 --> 01:56:35.460]  Yeah, what they're doing or not doing, and the rules they're not following.
[01:56:38.100 --> 01:56:44.820]  So it might be worth him doing it. Anyway, quick thing I wanted to call in about just
[01:56:44.820 --> 01:56:51.780]  recent news regarding the California State Bar, the disgraced attorney, Gerardi, that,
[01:56:51.780 --> 01:56:58.340]  you know, was indicted for stealing 18 million from clients, including grieving families of a
[01:56:58.340 --> 01:57:06.260]  lion air crash. It says that the reports detail how he kept an extensive network of connections
[01:57:06.260 --> 01:57:12.900]  at all levels of the State Bar of California, which is tasked with regulating the legal profession,
[01:57:12.900 --> 01:57:19.700]  and dozens of complaints against Gerardi closed without any action taken. Then State Bar investigator,
[01:57:19.700 --> 01:57:25.620]  Tom Leighton, his wife Rose, and a business entity they ran together received over 600,000
[01:57:25.620 --> 01:57:32.740]  payments from Gerardi's law firm. So he was paying the State Bar investigator off.
[01:57:34.980 --> 01:57:40.020]  I have this project that I'm trying to sell to State Bars,
[01:57:40.900 --> 01:57:46.340]  and the California Bar is the largest State Bar association in the country.
[01:57:46.340 --> 01:57:54.260]  And I looked up the State Bar and I looked up some, I just did a search for the California
[01:57:54.260 --> 01:58:01.540]  State Bar and I hit all these articles about the governors withholding funding to the Bar
[01:58:02.500 --> 01:58:05.380]  because they're so corrupt, all kind of corrupt stuff they're doing.
[01:58:07.060 --> 01:58:16.260]  It was the California Bar seemed to be so corrupt that I didn't want anything to do with
[01:58:16.260 --> 01:58:27.060]  you. Texas has 90,000 lawyers, they have over 200,000 but they are so, we had two governors
[01:58:27.060 --> 01:58:32.980]  refused to release their funding because of their criminal behavior.
[01:58:34.660 --> 01:58:40.740]  I don't even do that bar and I'm not surprised that they're paying them off and
[01:58:40.740 --> 01:58:46.180]  they're, they're much unlawyers for quite out loud, they're criminals. Randy Kelton,
[01:58:46.180 --> 01:58:48.580]  Brett Fountain, Rule of Law Radio, we'll be right back.
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