ROL_2023-06-30_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 --> 00:26.840]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[00:26.840 --> 00:32.000]  So protect your rights, say no to surveillance, and keep your information to yourself.
[00:32.000 --> 00:33.000]  Privacy.
[00:33.000 --> 00:34.600]  It's worth hanging on to.
[00:34.600 --> 00:38.880]  This public service announcement is brought to you by Startpage.com, the private search
[00:38.880 --> 00:42.420]  engine alternative to Google, Yahoo, and Bing.
[00:42.420 --> 00:44.880]  Start over with Startpage.
[00:44.880 --> 00:46.460]  Spar.
[00:46.460 --> 00:47.700]  It's what fighters do.
[00:47.700 --> 00:51.160]  It's also how I remember the five guarantees of the First Amendment.
[00:51.160 --> 00:54.400]  If you plan to take away my rights, I'm going to spar with you.
[00:54.400 --> 00:56.440]  S-P-A-R with an extra P.
[00:56.440 --> 01:02.800]  S for speech, P for press, another P for petition, A for assembly, and R for religion.
[01:02.800 --> 01:06.800]  Most Americans are familiar with the First Amendment guarantees of free speech, press,
[01:06.800 --> 01:10.760]  assembly, and religion, but petition for redress is another matter.
[01:10.760 --> 01:14.480]  We have the right to petition the government for a redress of grievances.
[01:14.480 --> 01:18.000]  It means that if we're unhappy with what's going on in our government, we can spell out
[01:18.000 --> 01:20.600]  the reasons without fear of being thrown into jail.
[01:20.600 --> 01:22.640]  I'm Dr. Catherine Albrecht.
[01:22.640 --> 01:31.000]  More news and information at CatherineAlbrecht.com.
[01:31.000 --> 01:34.680]  The Bill of Rights contains the first 10 amendments of our Constitution.
[01:34.680 --> 01:38.120]  They guarantee the specific freedoms Americans should know and protect.
[01:38.120 --> 01:39.600]  Our liberty depends on it.
[01:39.600 --> 01:43.500]  I'm Dr. Catherine Albrecht, and I'll be right back with an unforgettable way to remember
[01:43.500 --> 01:46.640]  one of your constitutional rights.
[01:46.640 --> 01:48.240]  Privacy is under attack.
[01:48.240 --> 01:51.840]  When you give up data about yourself, you'll never get it back again.
[01:51.840 --> 01:56.600]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:56.600 --> 02:01.640]  So protect your rights, say no to surveillance, and keep your information to yourself.
[02:01.640 --> 02:04.360]  Privacy, it's worth hanging on to.
[02:04.360 --> 02:08.640]  This public service announcement is brought to you by StartPage.com, the private search
[02:08.640 --> 02:12.200]  engine alternative to Google, Yahoo, and Bing.
[02:12.200 --> 02:14.280]  Start over with StartPage.
[02:14.280 --> 02:20.120]  When I think of the Second Amendment, I visualize myself wrapping my two arms around the Bill
[02:20.120 --> 02:22.200]  of Rights in a big old bear hug.
[02:22.200 --> 02:26.680]  It's how I remember that the Second Amendment guarantees us the right to bear arms, arms
[02:26.680 --> 02:30.520]  that embrace our freedoms and won't let anyone take them away without a fight.
[02:30.520 --> 02:31.520]  Get it?
[02:31.520 --> 02:32.520]  Two arms?
[02:32.520 --> 02:33.520]  Bear hug?
[02:33.520 --> 02:34.520]  Bear arms?
[02:34.520 --> 02:37.440]  The late Senator Hubert Humphrey captured the spirit of the Second Amendment so well
[02:37.440 --> 02:38.440]  when he said,
[02:38.440 --> 02:43.620]  The right of the citizens to bear arms is just one guarantee against arbitrary government,
[02:43.620 --> 02:48.720]  one more safeguard against the tyranny which now appears remote in America, but which historically
[02:48.720 --> 02:50.480]  has proved to always be possible.
[02:50.480 --> 02:52.360]  I'm Dr. Catherine Albrecht.
[02:52.360 --> 03:21.200]  More news and information at CatherineAlbrecht.com.
[03:23.360 --> 03:48.120]  the right of the citizens to bear arms is just one guarantee against arbitrary government,
[03:48.120 --> 04:05.960]  one more safeguard against the tyranny which now appears remote in America, but which
[04:05.960 --> 04:25.760]  now appears remote in America, but which now appears remote in America, but which now
[04:25.760 --> 04:42.600]  appears remote in America, but which now appears remote in America, but which now appears
[04:42.600 --> 04:58.680]  the right of the citizens.
[04:58.680 --> 05:08.920]  They ought to be having some really interesting reading about now.
[05:08.920 --> 05:13.960]  I love when you can give them something like that to take home on a weekend, a holiday
[05:13.960 --> 05:14.960]  weekend.
[05:14.960 --> 05:19.280]  I'm sure that's just special for them, you know?
[05:19.280 --> 05:20.280]  Absolutely.
[05:20.280 --> 05:25.120]  Got a hundred and something pages, got a book.
[05:25.120 --> 05:31.280]  They can read a book over the weekend, and that should be great fun for them.
[05:31.280 --> 05:40.440]  The prosecuting attorney has had me after him once before, so he kind of knows who I
[05:40.440 --> 05:42.160]  am.
[05:42.160 --> 05:52.440]  And according to Mary Cridick, she was listening to something where he's being grilled and
[05:52.440 --> 06:05.520]  he made a reference that he wasn't a magistrate, and that was the complaint I brought against
[06:05.520 --> 06:11.640]  him that he was acting in the place of a magistrate.
[06:11.640 --> 06:17.880]  So she knew that, and she was sure that was the reason he did that.
[06:17.880 --> 06:22.960]  So that tells me the last time I filed criminal charges, because I filed criminal charges
[06:22.960 --> 06:34.420]  against him with every district judge in Travis County, and none of them did anything.
[06:34.420 --> 06:43.320]  So this time I filed against him, accused him of acting in concert and collusion with
[06:43.320 --> 06:56.840]  this ongoing criminal enterprise, and I accused him of his part of it, of impersonating a
[06:56.840 --> 07:10.800]  judicial officer, in that he dismissed some criminal complaints when he didn't have authority
[07:10.800 --> 07:11.800]  to do that.
[07:11.800 --> 07:16.880]  And you probably remember what those criminal complaints were.
[07:16.880 --> 07:21.080]  Would that be the ones against Mnuchin, Secretary of the Treasury?
[07:21.080 --> 07:26.120]  The ones you wrote, yes.
[07:26.120 --> 07:34.240]  And they came up perfect because a couple of those accusations were in fact federal,
[07:34.240 --> 07:39.760]  and he dismissed it because they were federal, so he didn't have jurisdiction.
[07:39.760 --> 07:40.760]  And he was right.
[07:40.760 --> 07:48.800]  He didn't have jurisdiction, but it was perfect because he didn't have the authority to make
[07:48.800 --> 07:49.800]  that determination.
[07:49.800 --> 07:52.680]  Well, I didn't charge him with the federal ones.
[07:52.680 --> 07:57.600]  I charged him with the Texas versions of the same fraud.
[07:57.600 --> 08:04.440]  Well, there were two in there that I read, and I said, that's a federal clay.
[08:04.440 --> 08:09.080]  So when I read that he was dismissing them because he didn't have jurisdiction, I wasn't
[08:09.080 --> 08:13.720]  surprised, but I was very pleased.
[08:13.720 --> 08:22.120]  It could not have worked out better because he was absolutely right, at least in my opinion,
[08:22.120 --> 08:25.880]  but it didn't make any difference.
[08:25.880 --> 08:29.000]  He wasn't the magistrate that could even make that call.
[08:29.000 --> 08:30.000]  Exactly.
[08:30.000 --> 08:33.920]  He could not do what he did.
[08:33.920 --> 08:40.280]  I am turning on the phone lines, so if you have a question or a comment, give us a call.
[08:40.280 --> 08:48.400]  Our call in number 512-646-1984, we'll be taking your calls all night.
[08:48.400 --> 09:01.360]  And oh, today I just finished a opposition to a Rule 12B6 motion to dismiss.
[09:01.360 --> 09:08.320]  These people, they get the idea that the motions and pleadings are really difficult and complex
[09:08.320 --> 09:09.320]  and convoluted.
[09:09.320 --> 09:12.320]  No, they're not.
[09:12.320 --> 09:14.360]  They're pretty straightforward.
[09:14.360 --> 09:22.160]  Here I have a law firm for Bank of America National Association.
[09:22.160 --> 09:27.320]  Got their high powered bank lawyers.
[09:27.320 --> 09:37.720]  I helped a woman in Arizona file a false fees lawsuit.
[09:37.720 --> 09:53.360]  What I claimed was that at closing, the client had hired a title company to administrate
[09:53.360 --> 10:02.160]  the closing process, and as such a title company was a fiduciary to her, and he was there to
[10:02.160 --> 10:09.200]  ensure that all the paperwork was accurate and correct and above board and all that kind
[10:09.200 --> 10:10.200]  of stuff.
[10:10.200 --> 10:23.520]  And we accused the title company of acting in concert and collusion with the lender,
[10:23.520 --> 10:34.160]  and added fines and fees to the mortgage that we now have reason to believe were fraudulent.
[10:34.160 --> 10:42.000]  At the time, the borrower was not a sophisticated borrower.
[10:42.000 --> 10:52.640]  If you are purchasing a one to six family dwelling, and if it's multiple family dwelling,
[10:52.640 --> 11:01.820]  you intend to live in one of the dwellings, one of the apartments, then you are not considered
[11:01.820 --> 11:05.120]  a sophisticated purchaser.
[11:05.120 --> 11:11.480]  If you purchase a larger building, then you're considered a sophisticated purchaser, and
[11:11.480 --> 11:14.120]  the consumer protection laws don't apply to you.
[11:14.120 --> 11:20.320]  But in this case, it was a single family dwelling, so all the consumer protection laws applied
[11:20.320 --> 11:33.400]  to her or him, and he hired a title company to act as her agent to mediate this loan process.
[11:33.400 --> 11:45.520]  She had a reasonable expectation that the title company would act in good faith on what
[11:45.520 --> 11:57.320]  was the term Brett, would provide good faith and fair dealing in mediating this loan process.
[11:57.320 --> 12:07.040]  But later on, so when they filed the fees on the HUD one settlement statement, the unsophisticated
[12:07.040 --> 12:15.960]  borrower had no reason to distrust the title company or the lender.
[12:15.960 --> 12:23.200]  It wasn't until much later that she came into information to indicate that it is highly
[12:23.200 --> 12:33.520]  likely that the lender charged fees that were not authorized to be charged by the Real Estate
[12:33.520 --> 12:37.200]  Settlement Procedures Act.
[12:37.200 --> 12:44.560]  The Real Estate Settlement Procedures Act says that you can only charge fees that are
[12:44.560 --> 12:46.800]  extraordinary.
[12:46.800 --> 12:55.640]  Those costs that are the normal part of doing business, those costs are intended to be paid
[12:55.640 --> 13:00.000]  to the lender out of the interest paid on the mortgage.
[13:00.000 --> 13:05.560]  But we now have reason to believe that the lender added those fees that were the normal
[13:05.560 --> 13:12.200]  part of doing business to the head of the note, and intended to collect interest on
[13:12.200 --> 13:14.240]  them for 30 years.
[13:14.240 --> 13:22.000]  And that there were also fees for services that were not actually rendered, and fees
[13:22.000 --> 13:32.480]  for services that were not necessary, and that the lender charged an undisclosed markup
[13:32.480 --> 13:34.280]  on the fees charged.
[13:34.280 --> 13:35.920]  Yeah, exactly.
[13:35.920 --> 13:39.920]  All that 30 years of interest is an undisclosed markup for sure.
[13:39.920 --> 13:42.560]  And it becomes a lot of money.
[13:42.560 --> 13:50.320]  So we ask the lender, because we now have reason to believe and do believe that there
[13:50.320 --> 13:55.440]  is a high likelihood of fraud in the mortgage.
[13:55.440 --> 14:00.000]  And ask the lender to prove up all of the fees.
[14:00.000 --> 14:04.840]  We raised a claim against the lender alleging that all of the fees were fraudulent because
[14:04.840 --> 14:14.520]  there was no paperwork, no invoices or purchase orders showing that these fees were actually
[14:14.520 --> 14:17.580]  legitimate.
[14:17.580 --> 14:26.280]  So we assumed that they're all fraudulent, and asked the lender to prove them up.
[14:26.280 --> 14:30.920]  And asserted to the lender, any of these fees that you prove up, we will deduct from our
[14:30.920 --> 14:32.160]  calculation of fraud.
[14:32.160 --> 14:39.320]  And how we got our calculation of fraud is we ran an amortization on the note, just the
[14:39.320 --> 14:42.040]  way it was, with all the fines and fees in place.
[14:42.040 --> 14:50.320]  And then we took that amortization, and on the first payment, we added the full amount
[14:50.320 --> 14:57.960]  on line 1400 of the Hudwin Settlement Statement as an overpayment, and deducted that from
[14:57.960 --> 15:05.400]  the principal, and then looked at how the note amortized itself.
[15:05.400 --> 15:15.800]  Well, generally, when you do that, you will zero out somewhere between 230 and payment
[15:15.800 --> 15:19.800]  number 230 and payment number 300.
[15:19.800 --> 15:28.760]  Your principal will go to zero, and everything after that is overpayment and fraud.
[15:28.760 --> 15:45.720]  So we made that calculation, and on a $167,000 mortgage, they had almost $12,000 in closing
[15:45.720 --> 15:47.040]  costs.
[15:47.040 --> 15:51.880]  That is absolutely outrageous.
[15:51.880 --> 15:58.240]  It should have been on the order of 2%, 2.5% at the most.
[15:58.240 --> 16:03.000]  This was 10%, close to 10%.
[16:03.000 --> 16:11.200]  So we got this large number, $70,000-something overpayment over the life of the mortgage.
[16:11.200 --> 16:15.480]  And we maintained that these fees were fraudulent.
[16:15.480 --> 16:22.460]  In the matter of fraud, you have access to travel damages.
[16:22.460 --> 16:28.480]  And in the matter of fraud, you do not sue for the amount you were actually defrauded
[16:28.480 --> 16:29.480]  of.
[16:29.480 --> 16:35.360]  You sue for the amount you would have been defrauded of had your claim ran to fruition.
[16:35.360 --> 16:40.440]  In this case, it was 70-something thousand, but you don't sue for that even if you sue
[16:40.440 --> 16:41.440]  for triple.
[16:41.440 --> 16:44.160]  So we got over $200,000.
[16:44.160 --> 16:49.880]  We got well over the original mortgage as a claim against the lender.
[16:49.880 --> 16:56.560]  And then we will move by tender by set off and ask for title.
[16:56.560 --> 17:00.240]  Hang on, be right back.
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[17:40.840 --> 17:46.560]  For more information, please visit ruleoflawradio.com and click on the blue Michael Mears banner
[17:46.560 --> 17:49.520]  or email michaelmears at yahoo.com.
[17:49.520 --> 17:59.080]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com to learn how to stop debt collectors
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[19:09.440 --> 19:39.200]  Okay, we
[19:39.200 --> 19:51.400]  are back in Bendicel, and this is a claim that any of you who have a mortgage, if you
[19:51.400 --> 20:01.640]  will think back to when you went to closing, did the lender provide the evidence, invoices
[20:01.640 --> 20:09.640]  or purchase orders to support the claims and charges that were on the HUD-1 settlement
[20:09.640 --> 20:10.640]  statement?
[20:10.640 --> 20:14.440]  We've never had anyone who's done that.
[20:14.440 --> 20:21.040]  So how do you know that those amounts charged were actually legitimate?
[20:21.040 --> 20:23.440]  You have no way of knowing.
[20:23.440 --> 20:34.960]  So we maintained in this case that the borrower acted in good faith's reliance on the good
[20:34.960 --> 20:39.080]  faith and fair dealing of her fiduciaries.
[20:39.080 --> 20:46.280]  But now we have reason to believe that they did not act in good faith and that these were
[20:46.280 --> 20:47.280]  all false fees.
[20:47.280 --> 20:57.920]  So we filed this suit, and the lender, we filed against a countrywide home mortgage
[20:57.920 --> 20:58.920]  or something.
[20:58.920 --> 21:03.640]  The countrywide was out of business.
[21:03.640 --> 21:16.900]  We filed it in the state court and served it by certified mail at the last known address
[21:16.900 --> 21:24.200]  of the lender, and we got a response from Bank of America National Association.
[21:24.200 --> 21:30.200]  Bank of America National Association claimed to be the successor by merger of this countrywide,
[21:30.200 --> 21:38.480]  whatever it was, and they claimed it in a notice of removal to the federal court.
[21:38.480 --> 21:40.200]  So they removed it to the federal court.
[21:40.200 --> 21:47.720]  Then we get a Rule 12B motion to dismiss failure of the state of claim.
[21:47.720 --> 21:59.000]  And in the claim, they stated that the statute of limitations for fraud in Arizona had run.
[21:59.000 --> 22:05.240]  In the federal court, statute of limitations is not a bar to prosecution.
[22:05.240 --> 22:11.320]  It is an affirmative defense that must be pled, and they pled that affirmative defense.
[22:11.320 --> 22:15.160]  They said the statute of limitations had run.
[22:15.160 --> 22:24.600]  Well, there's such a thing as equitable tolling, and it occurs in fraud.
[22:24.600 --> 22:36.200]  In fraud, equitable tolling applies when the fraud itself was hidden from the person being
[22:36.200 --> 22:41.840]  defrauded, and that tends to be the nature of fraud.
[22:41.840 --> 22:48.520]  It doesn't work well if you reveal the fraud, it is its nature to be hidden.
[22:48.520 --> 22:58.120]  So a fraud claim is generally subject to equitable tolling in that the statute of limitations
[22:58.120 --> 23:06.920]  tolls until the person becomes aware of the fraud.
[23:06.920 --> 23:12.880]  So technically, we're not even aware of the fraud yet.
[23:12.880 --> 23:13.880]  Just suspicious.
[23:13.880 --> 23:16.000]  Yeah, we think you could be.
[23:16.000 --> 23:25.160]  How is that equitable, just to back up for just a moment to underscore this about equitable.
[23:25.160 --> 23:27.880]  You mentioned tolling, but how is it equitable?
[23:27.880 --> 23:35.040]  Well, because it's the nature of fraud to hide the fraud.
[23:35.040 --> 23:43.880]  So it's inequitable for you to be defrauded and then lose your claim because you didn't
[23:43.880 --> 23:46.600]  know you were frauded.
[23:46.600 --> 23:52.720]  Only because the clock started ticking, if they could get away with it for a short time
[23:52.720 --> 23:56.080]  and then you find out, then it's too late to complain, right?
[23:56.080 --> 23:57.080]  Exactly.
[23:57.080 --> 24:02.840]  So they have to start the clock ticking at the point of finding out.
[24:02.840 --> 24:09.720]  When you found out or when you knew or should have known.
[24:09.720 --> 24:19.600]  Now in this case, I knew that going in, so we pled that we hired a title company as our
[24:19.600 --> 24:26.160]  fiduciary and acted in good faith reliance on the title company because the purchaser
[24:26.160 --> 24:34.720]  was an unsophisticated purchaser and therefore needed a sophisticated professional to protect
[24:34.720 --> 24:36.680]  her interests.
[24:36.680 --> 24:42.500]  Now we have reason to believe that that purchaser did not protect her interest.
[24:42.500 --> 24:49.440]  So that goes directly to equitable tolling.
[24:49.440 --> 24:52.320]  And so we argued that, equitable tolling.
[24:52.320 --> 24:59.120]  On the other one, the only two claims they made, the one with statute of limitations,
[24:59.120 --> 25:06.720]  and we stated in there that at trial after discovery, because we noticed the lender,
[25:06.720 --> 25:13.760]  if they could prove up any of these fiduciary fees, we would deduct them from the calculation.
[25:13.760 --> 25:22.720]  So they had opportunity to eliminate any claim against them just by proving them up.
[25:22.720 --> 25:27.600]  So that handled the equitable tolling.
[25:27.600 --> 25:37.200]  The other one, the Bank of America said they don't understand why they were named in the
[25:37.200 --> 25:43.320]  suit because they didn't have anything to do with the mortgage.
[25:43.320 --> 25:52.780]  Wait a minute guys, you're the ones that filed the notice of removal.
[25:52.780 --> 25:57.240]  They complained about being named in the suit.
[25:57.240 --> 26:00.400]  They weren't named in the suit.
[26:00.400 --> 26:02.720]  We named countrywide.
[26:02.720 --> 26:05.440]  Now that they've said this.
[26:05.440 --> 26:14.280]  That goes to the theory of judicial estoppel.
[26:14.280 --> 26:25.120]  Brett, you and I have been speaking to collateral estoppel, and this is my fault that I misinterpreted
[26:25.120 --> 26:29.160]  collateral estoppel.
[26:29.160 --> 26:38.720]  Collateral estoppel only applies when something has been adjudicated one way or another.
[26:38.720 --> 26:47.040]  It doesn't go to your making a prior statement like I thought it did, so I was incorrect.
[26:47.040 --> 26:54.680]  That is judicial estoppel, inconsistent statements.
[26:54.680 --> 27:01.040]  So we made the claim of judicial estoppel because I accused them of acting under the
[27:01.040 --> 27:08.640]  Budinsky doctrine and intervening in the case and removing it to the federal court, claiming
[27:08.640 --> 27:14.200]  they were the successor to the party in interest.
[27:14.200 --> 27:16.680]  Did you really write Budinsky in there?
[27:16.680 --> 27:18.680]  Yes, I did.
[27:18.680 --> 27:22.200]  I love it.
[27:22.200 --> 27:28.440]  Some judge is going to smirk at that, you know.
[27:28.440 --> 27:36.760]  Budinsky doctrine by intervening.
[27:36.760 --> 27:39.120]  They intervened in the case and removed it.
[27:39.120 --> 27:46.880]  They made the statement that they had standing in the case, so they intervened.
[27:46.880 --> 27:52.320]  Now they can't come back and complain that they're not a party in interest, they're
[27:52.320 --> 27:56.240]  subject to judicial estoppel.
[27:56.240 --> 27:57.560]  That was fun to do.
[27:57.560 --> 28:00.280]  I forgot how much I'd like to do that.
[28:00.280 --> 28:06.760]  Guys, if you want to file suit, this is not rocket science.
[28:06.760 --> 28:15.160]  And I kind of had an idea about how to argue these things going in, but I haven't done
[28:15.160 --> 28:18.480]  it in a long time and I really hadn't.
[28:18.480 --> 28:22.920]  It was in Arizona and I had no clue.
[28:22.920 --> 28:27.400]  So what do you do when you have no clue?
[28:27.400 --> 28:28.400]  I can tell you…
[28:28.400 --> 28:31.400]  You let the lawyer go ahead.
[28:31.400 --> 28:32.400]  Google.
[28:32.400 --> 28:42.840]  I went to Google and I typed in collateral estoppel and then when I read what collateral
[28:42.840 --> 28:46.560]  estoppel was, I said, holy crap, I've been misinterpreting that.
[28:46.560 --> 28:49.360]  Yeah, is that essentially res judicata?
[28:49.360 --> 28:50.360]  Yeah.
[28:50.360 --> 28:52.240]  Or it's estoppel by judgment?
[28:52.240 --> 28:53.240]  Yeah.
[28:53.240 --> 28:54.240]  Yeah.
[28:54.240 --> 28:56.720]  So that's the only time it's collateral estoppel.
[28:56.720 --> 29:03.880]  And then in reading through that, it referenced judicial estoppel in consistent statements.
[29:03.880 --> 29:06.280]  Bingo!
[29:06.280 --> 29:10.400]  Just by looking through the cases, it dropped me right on it.
[29:10.400 --> 29:16.440]  And then I put in, you know, they claimed the statute of limitations was run and, you
[29:16.440 --> 29:25.280]  know, I had heard that under fraud and I'd seen some horror that in the criminal statutes
[29:25.280 --> 29:33.320]  in Arizona, it stated that the statute of limitations for criminal prosecution only
[29:33.320 --> 29:36.920]  started once the fraud was discovered.
[29:36.920 --> 29:41.560]  So I said, that should be the same in civil.
[29:41.560 --> 29:49.680]  So I did a couple of searches, took about five minutes and landed right square on it.
[29:49.680 --> 29:54.120]  Hang on, Randy Kelton, Brett Fountain, Wheel of Raw Radio.
[29:54.120 --> 30:02.480]  I'll call in number 512-646-1984 and you'll be right back.
[30:02.480 --> 30:06.080]  It's clear cell phones have changed the way we live and work, but have they negatively
[30:06.080 --> 30:07.080]  affected our health?
[30:07.080 --> 30:11.240]  I'm Dr. Catherine Albrecht and I'll be back in just a moment with new findings about how
[30:11.240 --> 30:15.560]  cell phones may actually alter our brain chemistry.
[30:15.560 --> 30:17.160]  Privacy is under attack.
[30:17.160 --> 30:20.760]  When you give up data about yourself, you'll never get it back again.
[30:20.760 --> 30:25.520]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[30:25.520 --> 30:30.680]  So protect your rights, say no to surveillance and keep your information to yourself.
[30:30.680 --> 30:33.280]  Privacy, it's worth hanging on to.
[30:33.280 --> 30:37.560]  This public service announcement is brought to you by StartPage.com, the private search
[30:37.560 --> 30:41.120]  engine alternative to Google, Yahoo and Bing.
[30:41.120 --> 30:44.960]  Start over with StartPage.
[30:44.960 --> 30:47.040]  Cell phones emit radio frequency energy.
[30:47.040 --> 30:48.040]  It's a fact.
[30:48.040 --> 30:51.560]  But whether it's dangerous to have a phone beaming this kind of radiation near your head
[30:51.560 --> 30:52.560]  has been disputed.
[30:52.560 --> 30:57.040]  Some have blamed it for brain tumors, while cell phone companies have downplayed concerns.
[30:57.040 --> 31:01.440]  Well, now the Journal of the American Medical Association is confirming that cell phones
[31:01.440 --> 31:03.040]  affect brain chemistry.
[31:03.040 --> 31:08.120]  A study of 47 volunteers showed that glucose metabolism in the area of the brain closest
[31:08.120 --> 31:11.800]  to the cell phone antenna increases when the cell phone is on.
[31:11.800 --> 31:15.720]  While researchers aren't sure whether this exposure causes damage, I'm not taking any
[31:15.720 --> 31:16.720]  chances.
[31:16.720 --> 31:20.280]  I always keep the phone far from my body and I use a corded headset.
[31:20.280 --> 31:22.160]  I'm Dr. Catherine Albrecht.
[31:22.160 --> 31:30.560]  More news and information at CatherineAlbrecht.com.
[31:30.560 --> 31:31.560]  I lost my son.
[31:31.560 --> 31:32.560]  My nephew.
[31:32.560 --> 31:33.560]  My uncle.
[31:33.560 --> 31:34.560]  My son.
[31:34.560 --> 31:35.560]  On September 11th, 2001.
[31:35.560 --> 31:38.840]  Most people don't know that a third tower fell on September 11th.
[31:38.840 --> 31:42.960]  World Trade Center 7, a 47-story skyscraper, was not hit by a plane.
[31:42.960 --> 31:48.800]  Although the official explanation is that fire brought down Building 7, over 1,200 architects
[31:48.800 --> 31:52.560]  and engineers have looked into the evidence and believe there is more to the story.
[31:52.560 --> 31:54.040]  Bring justice to my son.
[31:54.040 --> 31:55.040]  My uncle.
[31:55.040 --> 31:56.040]  My nephew.
[31:56.040 --> 31:57.040]  My son.
[31:57.040 --> 31:58.040]  Go to buildingwhat.org.
[31:58.040 --> 31:59.040]  Why it fell.
[31:59.040 --> 32:00.040]  Why it matters.
[32:00.040 --> 32:01.760]  And what you can do.
[32:01.760 --> 32:06.160]  Are you looking to have a closer relationship with God and a better understanding of His
[32:06.160 --> 32:07.160]  Word?
[32:07.160 --> 32:11.840]  Then tune in to LogosRadioNetwork.com on Wednesdays from 8 to 10 p.m. Central Time for
[32:11.840 --> 32:18.680]  Scripture Talk where Nana and her guests discuss the Scriptures in accord with 2 Timothy 2.15.
[32:18.680 --> 32:23.180]  Study to show thyself approved unto God, a workman that needeth not to be ashamed, rightly
[32:23.180 --> 32:25.600]  dividing the word of truth.
[32:25.600 --> 32:29.560]  Starting in January, our first hour studies are in the Book of Mark where we'll go verse
[32:29.560 --> 32:32.880]  by verse and discuss the true Gospel message.
[32:32.880 --> 32:37.520]  Our second hour topical studies will vary each week with discussions on sound doctrine
[32:37.520 --> 32:39.880]  and Christian character development.
[32:39.880 --> 32:44.400]  We wish to reflect God's light and be a blessing to all those with a hearing ear.
[32:44.400 --> 32:48.720]  Our goal is to strengthen our faith and to transform ourselves more into the likeness
[32:48.720 --> 32:51.000]  of our Lord and Savior Jesus.
[32:51.000 --> 32:57.640]  So tune in to Scripture Talk live on LogosRadioNetwork.com Wednesdays from 8 to 10 p.m. to inspire and
[32:57.640 --> 33:00.640]  motivate your studies of the Scriptures.
[33:28.640 --> 33:29.640]  Oh, sir!
[33:31.640 --> 33:40.640]  Citizens arrest for Mr. Bush Citizens arrest for detain
[33:40.640 --> 33:46.640]  Well, I need a prosecutor to come and help me Prosecute them wicked leaders, you see
[33:46.640 --> 33:51.640]  Them murderers are liars, them tell weak Them are liars, they tell sweet stories
[33:51.640 --> 33:56.640]  Me not believe me, say what them tell weak 3% of America vote for Bush
[33:56.640 --> 33:59.640]  So how the hell you get the presidency?
[33:59.640 --> 34:03.640]  That's why me have a warrant for you Everybody listen carefully
[34:03.640 --> 34:06.640]  Listen to the words of the three shoes passing Citizens arrest
[34:06.640 --> 34:08.640]  Okay, we are back.
[34:08.640 --> 34:16.640]  We're in Calabria at Fountain Juno Radio on this Friday, the 30th day of June 2023.
[34:16.640 --> 34:25.640]  And we're talking about here responding to opposition's pleadings.
[34:25.640 --> 34:36.640]  When you start studying law, it all looks so horribly complicated and convoluted that
[34:36.640 --> 34:39.640]  it's overwhelming.
[34:39.640 --> 34:50.640]  But I find that if I'm in an area over which I am not especially knowledgeable, I'm kind
[34:50.640 --> 34:58.640]  of knowledgeable on foreclosure, but this is the first time I've filed in court this
[34:58.640 --> 35:01.640]  particular argument.
[35:01.640 --> 35:05.640]  So I don't know how they're going to respond to it.
[35:05.640 --> 35:13.640]  And I wanted to file this one and it made it very simple because I wanted to see how
[35:13.640 --> 35:20.640]  they responded, let's say when you file suit in court.
[35:20.640 --> 35:26.640]  If you have screwed up, the other side is going to file a response and they're going
[35:26.640 --> 35:29.640]  to rip you to shreds.
[35:29.640 --> 35:30.640]  That's okay.
[35:30.640 --> 35:35.640]  Let them do your legal research for you.
[35:35.640 --> 35:44.640]  And when they rip you to shreds, they're going to have to do it in case law.
[35:44.640 --> 35:47.640]  This one was a rule 12, but they didn't have any case law.
[35:47.640 --> 35:51.640]  They just made proactive statements out of their own mouth.
[35:51.640 --> 35:59.640]  I think they gave this to the new lawyer because it was a pro se and they knew she was a female.
[35:59.640 --> 36:03.640]  She had no idea what she was doing.
[36:03.640 --> 36:10.640]  And she made it as quick and easy as she could because she figured the magistrate would rule
[36:10.640 --> 36:13.640]  in her favor no matter what.
[36:13.640 --> 36:16.640]  But that was okay with me.
[36:16.640 --> 36:22.640]  We filed in the state court and I told the client as soon as they get it, they'll remove
[36:22.640 --> 36:24.640]  it to the federal court.
[36:24.640 --> 36:29.640]  It's a real pain in the neck getting all the details down for a federal court filing.
[36:29.640 --> 36:34.640]  And you have to serve everybody with, you have to give them personal service.
[36:34.640 --> 36:40.640]  If you file in the state court in Arizona, you can serve everybody by mail, which we
[36:40.640 --> 36:41.640]  did.
[36:41.640 --> 36:46.640]  And when they move it to the federal court, they'll have to do all that, details with
[36:46.640 --> 36:50.640]  the coverage sheet, make sure everything's right for the feds.
[36:50.640 --> 36:52.640]  You don't have to worry about it.
[36:52.640 --> 36:55.640]  And they'll have to pay the filing fees and all that.
[36:55.640 --> 36:57.640]  And they did that.
[36:57.640 --> 37:02.640]  And then they'll give you a motion, a Rule 12B motion to dismiss.
[37:02.640 --> 37:09.640]  And that Rule 12B motion to dismiss will tell you what's wrong with your suit.
[37:09.640 --> 37:14.640]  And you always get one free amended petition.
[37:14.640 --> 37:25.640]  In this case, the Bank of America National Association removed the case to the fed and
[37:25.640 --> 37:32.640]  paid all the fees and filed a standard motion to dismiss.
[37:32.640 --> 37:36.640]  Now, we get to file an amended pleading.
[37:36.640 --> 37:40.640]  In the fed, you always get one free amended pleading.
[37:40.640 --> 37:42.640]  We call this amended.
[37:42.640 --> 37:47.640]  The one we filed was amended because we filed a non-sprotoch.
[37:47.640 --> 37:57.640]  Non-sprotoch means typos, essentially, minor non-substantive errors.
[37:57.640 --> 37:59.640]  I had the wrong date on one.
[37:59.640 --> 38:02.640]  I had the wrong spelling on some names.
[38:02.640 --> 38:05.640]  We were in a real hurry to get this filed.
[38:05.640 --> 38:09.640]  So I told the clients, stop messing with it.
[38:09.640 --> 38:10.640]  It's 150 pages.
[38:10.640 --> 38:11.640]  Stop messing with it.
[38:11.640 --> 38:12.640]  Just file it.
[38:12.640 --> 38:13.640]  Well, it's got these errors.
[38:13.640 --> 38:14.640]  Who cares?
[38:14.640 --> 38:16.640]  Just file it.
[38:16.640 --> 38:17.640]  Then we filed it.
[38:17.640 --> 38:21.640]  And then that gave us 90 days to get them served.
[38:21.640 --> 38:26.640]  So then I went back and we went through it and corrected all the little errors and filed
[38:26.640 --> 38:34.640]  an amended non-sprotoch saying there's no substantive changes here, just typos and
[38:34.640 --> 38:38.640]  organization, just a minor non-substantive correction.
[38:38.640 --> 38:46.640]  So now this is our first pleading in the Fed and we get an amended pleading as a matter,
[38:46.640 --> 38:48.640]  of course.
[38:48.640 --> 38:53.640]  So the other side is going to tell us what's wrong with the suit.
[38:53.640 --> 39:01.640]  And if they give you case law in support of their position, go look up the case law.
[39:01.640 --> 39:09.640]  Just put the case law designation into Google and you got some sites out there that will
[39:09.640 --> 39:11.640]  bring you up the case.
[39:11.640 --> 39:16.640]  And then if the case is real big, put in a keyword.
[39:16.640 --> 39:24.640]  Hit control F and a search box will pop up and put in a keyword.
[39:24.640 --> 39:32.640]  Like today I'm looking for limitations, statute limitations.
[39:32.640 --> 39:40.640]  So I just put in limitations and it'll jump down in the suit to where that word occurs
[39:40.640 --> 39:45.640]  and boom, you're right on the issue.
[39:45.640 --> 39:56.640]  And when you read a case, when they give you a case that is against your position, when
[39:56.640 --> 40:03.640]  you read that case, they'll give you other cases that are not against your position.
[40:03.640 --> 40:10.640]  And they'll say in this case we did this, in this case we did this, and then this one
[40:10.640 --> 40:16.640]  overruled those or this one was distinguished from those.
[40:16.640 --> 40:21.640]  Distinguished, that means the facts were different.
[40:21.640 --> 40:28.640]  So what lawyers do is they find a case that says what they want it to and they don't pay
[40:28.640 --> 40:33.640]  much attention to the facts set and the surrounding case law.
[40:33.640 --> 40:36.640]  They're lazy, they just drop it in.
[40:36.640 --> 40:41.640]  And you read the case and they'll give you all kinds of case law that you can bounce
[40:41.640 --> 40:47.640]  off of to find cases that fit your position.
[40:47.640 --> 40:55.640]  So legal research is not so hard to do now that we have all these online search engines.
[40:55.640 --> 41:00.640]  And responding is not hard either.
[41:00.640 --> 41:05.640]  Just read their pleading carefully.
[41:05.640 --> 41:11.640]  And you know the facts of your case and your situation.
[41:11.640 --> 41:16.640]  And it will very quickly become clear to you how to respond to them.
[41:16.640 --> 41:20.640]  Oh, the statute of limitations have run.
[41:20.640 --> 41:28.640]  Well, go in and look at statute of limitations on fraud.
[41:28.640 --> 41:33.640]  And when you look up statutes of limitations on fraud, you'll, if you read some cases on
[41:33.640 --> 41:38.640]  it, you'll find equitable tolling.
[41:38.640 --> 41:41.640]  It's a part of fraud claim.
[41:41.640 --> 41:44.640]  So you'll find it in their case law.
[41:44.640 --> 41:46.640]  Just read the case law.
[41:46.640 --> 41:53.640]  And then the other one was motion to dismiss because they don't know why they sued us.
[41:53.640 --> 41:56.640]  Well, if you had read that, you would have said, what?
[41:56.640 --> 42:01.640]  You're complaining that we sued you because you don't have anything to do with it and
[42:01.640 --> 42:03.640]  you're the one that removed it to the federal court.
[42:03.640 --> 42:04.640]  How does that work?
[42:04.640 --> 42:08.640]  I mean, that was pretty obvious.
[42:08.640 --> 42:12.640]  It's like that in case law.
[42:12.640 --> 42:18.640]  It's not so terribly complicated as you would think it is.
[42:18.640 --> 42:21.640]  It's pretty straightforward.
[42:21.640 --> 42:31.640]  And you read these judges' opinions, they write extremely well.
[42:31.640 --> 42:36.640]  I posted this five page document on my telegram channel.
[42:36.640 --> 42:42.640]  And there's some sections in there that I took right out of another case where the case
[42:42.640 --> 42:49.640]  is saying, in this particular case here, we said this, and it's an explanation of the
[42:49.640 --> 42:53.640]  case, and I just took that out and dropped it in my document.
[42:53.640 --> 42:56.640]  That really looks good.
[42:56.640 --> 43:01.640]  People look at that and say, well, this guy can really write nice readings.
[43:01.640 --> 43:09.640]  But a judge will look at that and say, this guy copied that out of another case.
[43:09.640 --> 43:13.640]  The judge will know exactly what I did.
[43:13.640 --> 43:19.640]  And that will give it more credence, because I didn't make it up.
[43:19.640 --> 43:21.640]  I quoted it from the judges.
[43:21.640 --> 43:28.640]  So the point is, case law is not that difficult.
[43:28.640 --> 43:36.640]  Fighting your cases, your legal issues, is not near so difficult as it seems on the front
[43:36.640 --> 43:37.640]  end.
[43:37.640 --> 43:41.640]  We had Dr. Graves on the show last night, and I was honored.
[43:41.640 --> 43:48.640]  If you've been through Dr. Graves' course, then you get a pleading, you know what to
[43:48.640 --> 43:49.640]  do with it.
[43:49.640 --> 43:52.640]  And the point is not that difficult.
[43:52.640 --> 43:54.640]  You guys can do this.
[43:54.640 --> 44:00.640]  Randy Kelton, Brett Fountain, We'll Be Right Back.
[44:00.640 --> 44:05.640]  Through advances in technology, our lives have greatly improved, except in the area
[44:05.640 --> 44:06.640]  of nutrition.
[44:06.640 --> 44:08.640]  People feed their pets better than they feed themselves.
[44:08.640 --> 44:10.640]  And it's time we changed all that.
[44:10.640 --> 44:16.640]  Our primary defense against aging and disease in this toxic environment is good nutrition.
[44:16.640 --> 44:21.640]  In a world where natural foods have been irradiated, adulterated, and mutilated,
[44:21.640 --> 44:24.640]  Young Jevity can provide the nutrients you need.
[44:24.640 --> 44:29.640]  Logos Radio Network gets many requests to endorse all sorts of products, most of which
[44:29.640 --> 44:30.640]  we reject.
[44:30.640 --> 44:36.640]  We have come to trust Young Jevity so much, we became a marketing distributor along with
[44:36.640 --> 44:39.640]  Alex Jones, Ben Fuchs, and many others.
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[44:45.640 --> 44:46.640]  quality radio.
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[45:00.640 --> 45:03.640]  Are you the plaintiff or defendant in a lawsuit?
[45:03.640 --> 45:06.640]  Win your case without an attorney with Jurisdictionary.
[45:06.640 --> 45:13.640]  The affordable, easy to understand, 4-CD course that will show you how in 24 hours, step by
[45:13.640 --> 45:14.640]  step.
[45:14.640 --> 45:18.640]  If you have a lawyer, know what your lawyer should be doing.
[45:18.640 --> 45:22.640]  If you don't have a lawyer, know what you should do for yourself.
[45:22.640 --> 45:27.640]  Thousands have won with our step-by-step course, and now you can too.
[45:27.640 --> 45:33.640]  Jurisdictionary was created by a licensed attorney with 22 years of case-winning experience.
[45:33.640 --> 45:38.640]  Even if you're not in a lawsuit, you can learn what everyone should understand about
[45:38.640 --> 45:42.640]  the principles and practices that control our American courts.
[45:42.640 --> 45:48.640]  You'll receive our audio classroom, video seminar, tutorials, forms for civil cases,
[45:48.640 --> 46:03.640]  pro se tactics, and much more.
[46:18.640 --> 46:44.640]  Thank you.
[46:48.640 --> 47:17.640]  Okay, howdy, howdy.
[47:17.640 --> 47:42.640]  Okay, we're going to start by going to Mark in Florida.
[47:42.640 --> 47:43.640]  Hello, Mark.
[47:43.640 --> 47:46.640]  What do you have for us today?
[47:46.640 --> 47:52.640]  Well, it's serendipitous that you've been talking about 12b6, because I spoke with you
[47:52.640 --> 47:57.640]  last week about my case, and you said, looks like they're going to pull 12b6 on you, and
[47:57.640 --> 47:58.640]  they did.
[47:58.640 --> 48:07.640]  They haven't yet, because the judge in this court wants to have pretrial conferences
[48:07.640 --> 48:09.640]  before certain proposed motions.
[48:09.640 --> 48:11.640]  12b6 is one of them.
[48:11.640 --> 48:18.640]  You answered some of my questions just listening to what you were saying, because that's their
[48:18.640 --> 48:19.640]  plan.
[48:19.640 --> 48:20.640]  They're going to file that.
[48:20.640 --> 48:26.640]  I have a conference on Wednesday, a phone conference.
[48:26.640 --> 48:30.640]  The judge wanted to do it in person, but I live a thousand miles away.
[48:30.640 --> 48:35.640]  Did they tell you what their issues were?
[48:35.640 --> 48:38.640]  They did in their letter to the judge.
[48:38.640 --> 48:39.640]  Good.
[48:39.640 --> 48:42.640]  So they had to submit a three-page letter.
[48:42.640 --> 48:46.640]  Like you said, it was really helpful.
[48:46.640 --> 48:53.640]  I have an idea of what they're going to try to do in their motion, because they condensed
[48:53.640 --> 48:56.640]  it in their letter.
[48:56.640 --> 49:01.640]  Like you said, they told me at least one thing that was wrong with my suit.
[49:01.640 --> 49:07.640]  They removed it to federal court, and I think one of my state claims is not going to hold.
[49:07.640 --> 49:12.640]  I'm not positive about that, but it's breach of duty for a union representative.
[49:12.640 --> 49:23.640]  Well, in the response I just filed, they complained about rescission, and I put in there that
[49:23.640 --> 49:28.480]  I waived rescission, because they were right.
[49:28.480 --> 49:32.520]  I could not support that.
[49:32.520 --> 49:35.320]  I probably couldn't support that claim.
[49:35.320 --> 49:38.040]  It would have been extremely difficult and wasn't necessary.
[49:38.040 --> 49:46.260]  So I just waived it, and that's exactly what the judge wanted to see.
[49:46.260 --> 49:55.560]  If you have a claim that's not well pleaded, either well pleaded or if it's not an important
[49:55.560 --> 49:58.600]  claim, just waive it.
[49:58.600 --> 50:10.680]  Well, this is an important claim for me, but in the pre-conference letter that the opposition
[50:10.680 --> 50:18.040]  sent to the judge, it said that the federal statute of limitations happens to be two months
[50:18.040 --> 50:22.040]  longer than my state's statute of limitations.
[50:22.040 --> 50:26.160]  What is the nature of the claim?
[50:26.160 --> 50:36.200]  The claim, just a brief recap, my employer put me on unpaid leave because I wouldn't
[50:36.200 --> 50:38.160]  comply with their act.
[50:38.160 --> 50:39.600]  Oh, okay.
[50:39.600 --> 50:45.240]  Go to the Telegram channel.
[50:45.240 --> 50:55.400]  I posted the response to the Rule 12 on the Telegram channel, and in there I have a section
[50:55.400 --> 51:00.280]  on equitable tolling.
[51:00.280 --> 51:06.440]  You can claim equitable tolling and let them argue that it doesn't apply.
[51:06.440 --> 51:12.240]  Even in this situation, it's not a fraud, I'm not claiming fraud yet.
[51:12.240 --> 51:20.520]  What it says about equitable tolling is that the only time you wouldn't be able to claim
[51:20.520 --> 51:31.280]  equitable tolling is if the statute of limitation is jurisdictional, otherwise you would have
[51:31.280 --> 51:33.560]  access to equitable tolling.
[51:33.560 --> 51:39.840]  So do you know if the statute of limitations is jurisdictional?
[51:39.840 --> 51:43.600]  Okay, that was a trick question.
[51:43.600 --> 51:47.080]  Heck no, you don't know if it's jurisdictional.
[51:47.080 --> 51:51.200]  So just claim it's not.
[51:51.200 --> 52:00.240]  If it is, let them do the legal research.
[52:00.240 --> 52:07.320]  You can rebut them later.
[52:07.320 --> 52:16.760]  In a response to Rule 12-8-6, what you want to do and what I did in this response was
[52:16.760 --> 52:29.320]  I said that after discovery that the information to determine whether or not equitable tolling
[52:29.320 --> 52:34.040]  applied was held by the lender.
[52:34.040 --> 52:35.320]  I didn't say that part.
[52:35.320 --> 52:48.240]  I said that I would be able to show fraud after discovery, trial after discovery.
[52:48.240 --> 52:57.120]  Rule 12-6-6 only goes to a claim that could not be proved up in the case or a claim that
[52:57.120 --> 53:04.200]  even if it was proved up, it wouldn't be a viable claim.
[53:04.200 --> 53:07.800]  So Rule 12-6-6 is restricted.
[53:07.800 --> 53:17.400]  When you file a pleading, the facts that you state must be taken as true and the court
[53:17.400 --> 53:27.720]  must determine if all of the facts stated by the plaintiff were true, would the plaintiff
[53:27.720 --> 53:32.080]  have a viable claim?
[53:32.080 --> 53:42.720]  So I made a claim of fraud and claimed that they, some of these fees were not allowed
[53:42.720 --> 53:45.560]  to be charged by law.
[53:45.560 --> 53:51.120]  If that was accepted as true, I would have a claim.
[53:51.120 --> 53:57.460]  So that's not subject to a 12-B-6.
[53:57.460 --> 54:07.080]  If I claim that equitable tolling applies, and if it did apply then, and I could prove
[54:07.080 --> 54:11.000]  that up at court, 12-B-6 doesn't apply.
[54:11.000 --> 54:12.000]  Right.
[54:12.000 --> 54:22.440]  So you just need to argue, bring in an argument such that if your argument, if all of your
[54:22.440 --> 54:32.120]  facts are true, then you would have access to this claim and you could get asked to 12-B-6.
[54:32.120 --> 54:40.640]  Well, you know, I've read a couple of things and one of my questions is, it seems like
[54:40.640 --> 54:49.640]  the determination of, it seems like the facts that I pleaded matter more in the federal
[54:49.640 --> 54:57.680]  jurisdiction than it would in the state jurisdiction, like the bar is higher than federal court.
[54:57.680 --> 55:04.160]  So I'm a little concerned about that because, I mean, I did the best I could with my pleadings
[55:04.160 --> 55:05.920]  for my first set of pleadings.
[55:05.920 --> 55:06.920]  Okay.
[55:06.920 --> 55:10.480]  Wait, first question, yes.
[55:10.480 --> 55:12.600]  Did you file in the federal court?
[55:12.600 --> 55:13.600]  No.
[55:13.600 --> 55:16.040]  So I've got a couple of things going on.
[55:16.040 --> 55:24.320]  I filed in New York state court, the defendants removed the case to federal court last week.
[55:24.320 --> 55:27.400]  Did you make any federal claims?
[55:27.400 --> 55:28.760]  No.
[55:28.760 --> 55:37.680]  Then the bar is not higher because the Fed has to rule on your state claims in accordance
[55:37.680 --> 55:40.600]  with state law.
[55:40.600 --> 55:48.120]  And so this involves a labor agreement.
[55:48.120 --> 55:55.600]  If you sue based on state law, then only state laws before the court.
[55:55.600 --> 56:04.080]  If opposing party removed it to the Fed, if they did not remove it based on a federal
[56:04.080 --> 56:12.880]  claim, but on diversity jurisdiction or one of the other jurisdictions, then only state
[56:12.880 --> 56:16.280]  laws before the court.
[56:16.280 --> 56:19.600]  Okay.
[56:19.600 --> 56:20.600]  This is how it works.
[56:20.600 --> 56:27.640]  You're in this state, they do something in this state, but they're Bank of America National
[56:27.640 --> 56:29.680]  Association.
[56:29.680 --> 56:34.320]  So they're out of somewhere, their head office is somewhere else.
[56:34.320 --> 56:40.360]  So you can't sue them in the state, even though it's state charges because they have diversity
[56:40.360 --> 56:41.700]  jurisdiction.
[56:41.700 --> 56:47.620]  So the suit goes to the Fed, but when it comes to the Fed that way, the Fed does not get
[56:47.620 --> 56:51.440]  to apply federal law to the suit.
[56:51.440 --> 56:57.280]  They get to apply the federal rules of civil procedure because the procedure is in the
[56:57.280 --> 56:58.880]  Fed.
[56:58.880 --> 57:04.360]  But they don't get to apply federal law as it goes to your claims.
[57:04.360 --> 57:06.400]  They have to apply state law.
[57:06.400 --> 57:15.360]  So what about his extra two months of statute of limitations?
[57:15.360 --> 57:17.560]  Is that critical?
[57:17.560 --> 57:24.720]  Well, so what I'm thinking is that for the claim that I made that I think is going to
[57:24.720 --> 57:32.720]  fail because of removal, if it fails, I think based on what you just said, I get a chance
[57:32.720 --> 57:33.720]  to amend the pleadings.
[57:33.720 --> 57:36.200]  I get one free chance to amend the pleadings, right?
[57:36.200 --> 57:37.200]  Yeah.
[57:37.200 --> 57:43.400]  The statute of limitations in the federal, this is what my opposition wrote.
[57:43.400 --> 57:45.000]  Wait a minute, wait a minute.
[57:45.000 --> 57:54.200]  If you had more time in the state, that doesn't change.
[57:54.200 --> 57:57.280]  The Fed doesn't get to use federal statute of limitations.
[57:57.280 --> 58:00.800]  They have to use state law.
[58:00.800 --> 58:10.000]  Does that make sense?
[58:10.000 --> 58:15.040]  It's only in the Fed because of diversity jurisdiction.
[58:15.040 --> 58:18.800]  All the claims are still in the state.
[58:18.800 --> 58:21.760]  Yeah, not diversity.
[58:21.760 --> 58:24.440]  Federal law.
[58:24.440 --> 58:25.440]  Okay.
[58:25.440 --> 58:33.640]  Then the only thing the Fed can do, wait a minute, hold on, we need to test this on the
[58:33.640 --> 58:35.640]  other side.
[58:35.640 --> 58:41.960]  If you claim state labor law, they can't change it to Fed's labor law.
[58:41.960 --> 58:50.320]  Hang on, Granny Cal, Brett Felton, we'll be right back.
[58:50.320 --> 58:54.480]  Would you like to make more definite progress in your walk with God?
[58:54.480 --> 58:59.680]  Bibles for America is offering a free study Bible and a set of free Christian books that
[58:59.680 --> 59:01.000]  can really help.
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[59:05.440 --> 59:06.440]  today.
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[59:32.940 --> 59:45.720]  Life, call Bibles for America toll free at 888-551-0102, that's 888-551-0102, or visit
[59:45.720 --> 59:49.160]  us online at bfa.org.
[59:49.160 --> 01:00:02.280]  Live, free speech radio, logosradionetwork.com.
[01:00:02.280 --> 01:00:05.960]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:00:05.960 --> 01:00:09.400]  They guarantee the specific freedoms Americans should know and protect.
[01:00:09.400 --> 01:00:10.840]  Our liberty depends on it.
[01:00:10.840 --> 01:00:14.780]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:00:14.780 --> 01:00:17.680]  one of your constitutional rights.
[01:00:17.680 --> 01:00:19.280]  Privacy is under attack.
[01:00:19.280 --> 01:00:22.880]  When you give up data about yourself, you'll never get it back again.
[01:00:22.880 --> 01:00:27.640]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:00:27.640 --> 01:00:32.800]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:00:32.800 --> 01:00:35.400]  Privacy, it's worth hanging on to.
[01:00:35.400 --> 01:00:39.700]  This public service announcement is brought to you by Startpage.com, the private search
[01:00:39.700 --> 01:00:43.240]  engine alternative to Google, Yahoo, and Bing.
[01:00:43.240 --> 01:00:46.680]  Start over with Startpage.
[01:00:46.680 --> 01:00:49.040]  Imagine your mom and dad are getting ready for bed.
[01:00:49.040 --> 01:00:52.120]  They pull back the covers and find a third party there.
[01:00:52.120 --> 01:00:55.320]  He announces, I'm with the military and I'm sleeping here tonight.
[01:00:55.320 --> 01:00:59.440]  That shocking image of a third party in my parents' bed reminds me what the Third Amendment
[01:00:59.440 --> 01:01:01.040]  was designed to prevent.
[01:01:01.040 --> 01:01:05.240]  It protects us from being forced to share our homes with soldiers, a common demand in
[01:01:05.240 --> 01:01:07.400]  the days of our founding fathers.
[01:01:07.400 --> 01:01:09.080]  Third party, Third Amendment?
[01:01:09.080 --> 01:01:10.080]  Get it?
[01:01:10.080 --> 01:01:13.280]  Answer a knock at your door and guys in fatigues demand lodging.
[01:01:13.280 --> 01:01:17.080]  Tell them to dust off their copy of the Bill of Rights and re-read the Third Amendment.
[01:01:17.080 --> 01:01:18.840]  I'm Dr. Catherine Albrecht.
[01:01:18.840 --> 01:01:32.160]  More news and information at CatherineAlbrecht.com.
[01:01:32.160 --> 01:01:35.840]  The Bill of Rights contains the first ten amendments of our Constitution.
[01:01:35.840 --> 01:01:39.280]  They guarantee the specific freedoms Americans should know and protect.
[01:01:39.280 --> 01:01:40.720]  Our liberty depends on it.
[01:01:40.720 --> 01:01:44.640]  I'm Dr. Catherine Albrecht and I'll be right back with an unforgettable way to remember
[01:01:44.640 --> 01:01:47.620]  one of your constitutional rights.
[01:01:47.620 --> 01:01:49.200]  Privacy is under attack.
[01:01:49.200 --> 01:01:52.800]  When you give up data about yourself, you'll never get it back again.
[01:01:52.800 --> 01:01:57.600]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:01:57.600 --> 01:01:59.040]  So protect your rights.
[01:01:59.040 --> 01:02:02.640]  Say no to surveillance and keep your information to yourself.
[01:02:02.640 --> 01:02:05.360]  Privacy, it's worth hanging on to.
[01:02:05.360 --> 01:02:09.640]  This public service announcement is brought to you by StartPage.com, the private search
[01:02:09.640 --> 01:02:13.200]  engine alternative to Google, Yahoo and Bing.
[01:02:13.200 --> 01:02:16.880]  Start over with StartPage.
[01:02:16.880 --> 01:02:22.240]  Imagine four eyes staring at you through binoculars, a magnifying glass or a pair of x-ray goggles.
[01:02:22.240 --> 01:02:26.720]  That imagery reminds me that the Fourth Amendment guarantees Americans freedom from unreasonable
[01:02:26.720 --> 01:02:28.200]  search and seizure.
[01:02:28.200 --> 01:02:29.200]  Fourth Amendment?
[01:02:29.200 --> 01:02:30.560]  Four eyes staring at you?
[01:02:30.560 --> 01:02:31.560]  Get it?
[01:02:31.560 --> 01:02:35.680]  Fortunately, the government is trampling our Fourth Amendment rights in the name of security.
[01:02:35.680 --> 01:02:40.200]  Case in point, TSA airport scanners that peer under your clothing.
[01:02:40.200 --> 01:02:44.240]  When government employees demand a peep at your privates without probable cause, I say
[01:02:44.240 --> 01:02:47.040]  it's time to sound the constitutional alarm bells.
[01:02:47.040 --> 01:02:51.320]  Join me in asking our representatives to dust off the Bill of Rights and use their googly
[01:02:51.320 --> 01:02:53.560]  eyes to take a gander at the Fourth.
[01:02:53.560 --> 01:02:55.400]  I'm Dr. Catherine Albrecht.
[01:02:55.400 --> 01:03:02.400]  More news and information at CatherineAlbrecht.com.
[01:03:25.400 --> 01:03:53.200]  And we're talking to Mark in Florida and in your suit.
[01:03:53.200 --> 01:04:01.800]  Did you make a claim under a federal employment law?
[01:04:01.800 --> 01:04:14.280]  No, there were claims and then a few little violations of the law.
[01:04:14.280 --> 01:04:19.720]  I don't know if those will float, but it was mostly a tort claim.
[01:04:19.720 --> 01:04:28.480]  Okay, so you didn't use any of the federal employment laws, but even if you did, if you
[01:04:28.480 --> 01:04:39.240]  filed in the federal court and the other side did not remove, then I'm sorry, if you filed
[01:04:39.240 --> 01:04:47.680]  in the state court and you made a federal claim in the state court, the defendant is
[01:04:47.680 --> 01:04:51.440]  not required to remove it.
[01:04:51.440 --> 01:04:56.440]  And if the defendant doesn't remove it, then the state court can hear and adjudicate the
[01:04:56.440 --> 01:05:00.720]  federal claim based on federal law.
[01:05:00.720 --> 01:05:07.600]  If you filed in the state court and you only made state claims, and the other side removes
[01:05:07.600 --> 01:05:14.000]  it to the federal court, say for a diversity jurisdiction or for some other reason, then
[01:05:14.000 --> 01:05:18.920]  the federal court cannot juxtapose federal law on you.
[01:05:18.920 --> 01:05:25.320]  They must rule according to state law.
[01:05:25.320 --> 01:05:30.120]  So how did they get you into federal court?
[01:05:30.120 --> 01:05:43.920]  Because my employment contract has a collective bargaining agreement attached to it.
[01:05:43.920 --> 01:05:48.440]  It was a union contract.
[01:05:48.440 --> 01:05:56.400]  So they claimed section 301 of the federal management, whatever it's called, federal
[01:05:56.400 --> 01:06:03.400]  labor law saying that, oh, no, the federal court has original jurisdiction because these
[01:06:03.400 --> 01:06:13.880]  are actually all violations, they're saying that I alleged that they violated the collective
[01:06:13.880 --> 01:06:18.480]  bargaining agreement, and this whole claim comes out of the collective bargaining agreement.
[01:06:18.480 --> 01:06:24.520]  And it doesn't, because all this happened after the labor agreement was ratified and
[01:06:24.520 --> 01:06:25.520]  set.
[01:06:25.520 --> 01:06:32.320]  And I was very careful in my pleading not to allege a violation of that collective bargaining
[01:06:32.320 --> 01:06:40.080]  agreement, but rather to say that these bad actors interfered with my contract so that
[01:06:40.080 --> 01:06:43.000]  I couldn't enjoy the benefits of my contract.
[01:06:43.000 --> 01:06:47.680]  So did you file an opposition to removal?
[01:06:47.680 --> 01:06:58.360]  No, because they just got removed last week and the judge requires in certain motions,
[01:06:58.360 --> 01:07:05.160]  motions to dismiss for one of them, that there be a pre-motion conference.
[01:07:05.160 --> 01:07:10.800]  So we have to meet with the judge before their motion can be filed.
[01:07:10.800 --> 01:07:17.600]  Okay, a opposition to removal is not a motion.
[01:07:17.600 --> 01:07:18.600]  Oh.
[01:07:18.600 --> 01:07:30.000]  You wouldn't have to, you're opposing removal and saying this court has no jurisdiction
[01:07:30.000 --> 01:07:37.400]  and you demand it be remanded back to the state court.
[01:07:37.400 --> 01:07:42.240]  This goes to threshold.
[01:07:42.240 --> 01:07:43.240]  Right.
[01:07:43.240 --> 01:07:48.320]  Is this the same as a motion to remand or is it different?
[01:07:48.320 --> 01:07:49.800]  Motion to remand.
[01:07:49.800 --> 01:07:50.800]  Yes.
[01:07:50.800 --> 01:07:58.520]  And so I just sent my letter to the judge this afternoon requesting that, a pre-motion
[01:07:58.520 --> 01:08:01.400]  conference, because I'm going to file that motion.
[01:08:01.400 --> 01:08:05.040]  And that's a subject matter jurisdiction challenge.
[01:08:05.040 --> 01:08:06.040]  Right.
[01:08:06.040 --> 01:08:11.560]  You're saying this court can't take jurisdiction and move it to remand it.
[01:08:11.560 --> 01:08:13.800]  So you're good enough.
[01:08:13.800 --> 01:08:20.520]  If you claim that the opposing party mischaracterized your suit, and they always mischaracterize
[01:08:20.520 --> 01:08:34.840]  your suit, that you did not make a claim under collective bargaining, you made a claim under
[01:08:34.840 --> 01:08:37.760]  their pre-appointment contract.
[01:08:37.760 --> 01:08:38.760]  Exactly.
[01:08:38.760 --> 01:08:39.760]  Exactly.
[01:08:39.760 --> 01:08:50.120]  And even so, even if it stays in the Fed, the Fed will have to rule on state law.
[01:08:50.120 --> 01:08:51.120]  Wow.
[01:08:51.120 --> 01:08:59.920]  So they not only have to view my pleadings with the lens of New York law, but they actually
[01:08:59.920 --> 01:09:04.000]  have to rule based on New York law.
[01:09:04.000 --> 01:09:07.000]  Exactly.
[01:09:07.000 --> 01:09:09.720]  Okay.
[01:09:09.720 --> 01:09:13.200]  Okay.
[01:09:13.200 --> 01:09:20.960]  What can I expect in a pre-motion conference with the judge?
[01:09:20.960 --> 01:09:24.080]  I have no idea what this is going to be like.
[01:09:24.080 --> 01:09:31.680]  The judge is going to try to find, okay, what they're going to look for.
[01:09:31.680 --> 01:09:41.920]  Are there any claims that cannot be fixed by a amended pleading?
[01:09:41.920 --> 01:09:48.760]  That's the only thing they're looking for under 12b6.
[01:09:48.760 --> 01:09:53.680]  If you can fix it with an amended pleading, then you can agree to amend the pleading and
[01:09:53.680 --> 01:09:58.960]  you won't have to mess with the 12b6.
[01:09:58.960 --> 01:10:02.040]  And the judge will tell you to fix it.
[01:10:02.040 --> 01:10:04.760]  But then it would stay in federal court, correct?
[01:10:04.760 --> 01:10:05.760]  Yes.
[01:10:05.760 --> 01:10:06.760]  Okay.
[01:10:06.760 --> 01:10:11.680]  But they can't get to that yet until they hear your motion to remand.
[01:10:11.680 --> 01:10:12.680]  Right.
[01:10:12.680 --> 01:10:13.680]  That's what I thought.
[01:10:13.680 --> 01:10:18.800]  And I wanted to ask you about that because they don't, they have to establish jurisdiction
[01:10:18.800 --> 01:10:20.720]  before they can do anything.
[01:10:20.720 --> 01:10:21.720]  Right?
[01:10:21.720 --> 01:10:22.720]  Exactly.
[01:10:22.720 --> 01:10:23.720]  Okay.
[01:10:23.720 --> 01:10:40.840]  So, if I think there is a cause of action in my original state complaint that's not
[01:10:40.840 --> 01:10:46.080]  going to fly, like I'm not going to be able to remand it, but they have to hear my remand
[01:10:46.080 --> 01:10:47.080]  motion first.
[01:10:47.080 --> 01:10:51.280]  Like they can't do anything until we deal with my remand motion, correct?
[01:10:51.280 --> 01:10:52.280]  Exactly.
[01:10:52.280 --> 01:10:53.280]  Okay.
[01:10:53.280 --> 01:10:54.280]  All right.
[01:10:54.280 --> 01:10:55.280]  All right.
[01:10:55.280 --> 01:11:04.000]  So that meeting might get postponed, the 12b6 meeting.
[01:11:04.000 --> 01:11:05.000]  Okay.
[01:11:05.000 --> 01:11:10.040]  Do you have anything else for us?
[01:11:10.040 --> 01:11:11.040]  I do.
[01:11:11.040 --> 01:11:13.640]  I have a couple of quick questions.
[01:11:13.640 --> 01:11:22.040]  So when the case was removed, okay, first question is, does the judge, I submitted a
[01:11:22.040 --> 01:11:30.240]  New York case, my New York state claim, I filed a complaint and I filed an affidavit
[01:11:30.240 --> 01:11:35.840]  of the facts of the case with, you know, a stack of exhibits.
[01:11:35.840 --> 01:11:42.760]  When does the judge in the federal court even look at my affidavit?
[01:11:42.760 --> 01:11:46.120]  Not until he has established jurisdiction.
[01:11:46.120 --> 01:11:58.040]  The first thing that will happen will be the 12b6, if the exhibits go to any of your claims,
[01:11:58.040 --> 01:12:01.400]  then he'll look at them at that time.
[01:12:01.400 --> 01:12:04.600]  But only the ones that are attached to my claim, right?
[01:12:04.600 --> 01:12:05.600]  Yeah.
[01:12:05.600 --> 01:12:12.080]  Everything that was filed in the state court would have to be transferred to the federal
[01:12:12.080 --> 01:12:14.960]  court.
[01:12:14.960 --> 01:12:18.600]  So if you filed exhibits, the judge will have the exhibits.
[01:12:18.600 --> 01:12:19.600]  Right.
[01:12:19.600 --> 01:12:24.960]  But only after he establishes jurisdiction?
[01:12:24.960 --> 01:12:29.400]  Only after he establishes jurisdiction can he do anything.
[01:12:29.400 --> 01:12:30.400]  Okay.
[01:12:30.400 --> 01:12:39.320]  So along with that, I discovered that when the defendant removed my case and filed all
[01:12:39.320 --> 01:12:44.840]  the documents in federal court, they missed a few pages of my affidavit.
[01:12:44.840 --> 01:12:50.120]  Now I wrote on this, I wrote on Telegram about this and somebody said, just, you know, just
[01:12:50.120 --> 01:12:53.360]  correct the record and file them yourself.
[01:12:53.360 --> 01:12:54.360]  And I looked in O'Connor-
[01:12:54.360 --> 01:12:55.360]  No, no, no.
[01:12:55.360 --> 01:12:57.360]  You can't file those yourself.
[01:12:57.360 --> 01:13:00.480]  I can't, because it's their case.
[01:13:00.480 --> 01:13:01.480]  No.
[01:13:01.480 --> 01:13:02.920]  You file those in the trial court.
[01:13:02.920 --> 01:13:09.080]  The trial court has a duty to get those to the federal court.
[01:13:09.080 --> 01:13:12.560]  Oh, it's not, it's the court's job.
[01:13:12.560 --> 01:13:15.280]  That's not the defendant's job?
[01:13:15.280 --> 01:13:16.280]  It's not your job.
[01:13:16.280 --> 01:13:18.680]  You already filed them in the state court.
[01:13:18.680 --> 01:13:21.880]  They're required to send everything to the federal judge.
[01:13:21.880 --> 01:13:26.680]  So you contact the clerk and tell them to get off the can and get everything to the
[01:13:26.680 --> 01:13:28.560]  federal judge.
[01:13:28.560 --> 01:13:37.720]  You can't, if you file separate, then they're not filed with the original pleadings.
[01:13:37.720 --> 01:13:45.080]  And if they're necessary for the original pleadings, then your original pleadings will
[01:13:45.080 --> 01:13:46.080]  come up short.
[01:13:46.080 --> 01:13:49.720]  No, no, don't you send those.
[01:13:49.720 --> 01:13:53.560]  You can hold the clerk, tell them do your job.
[01:13:53.560 --> 01:13:57.320]  Ah, so, okay.
[01:13:57.320 --> 01:14:03.720]  So when the defendants removed this case from state court to federal court, they didn't
[01:14:03.720 --> 01:14:06.760]  actually transfer over the documents.
[01:14:06.760 --> 01:14:10.120]  The state court clerk did it.
[01:14:10.120 --> 01:14:11.120]  Exactly.
[01:14:11.120 --> 01:14:12.120]  Oh, okay.
[01:14:12.120 --> 01:14:13.120]  Okay.
[01:14:13.120 --> 01:14:23.720]  All right, so I just need to make sure the clerk files the missing pages.
[01:14:23.720 --> 01:14:24.720]  Exactly.
[01:14:24.720 --> 01:14:25.720]  Okay.
[01:14:25.720 --> 01:14:26.720]  Okay.
[01:14:26.720 --> 01:14:27.720]  Okay.
[01:14:27.720 --> 01:14:31.720]  Is that good?
[01:14:31.720 --> 01:14:32.720]  I think that's good.
[01:14:32.720 --> 01:14:38.280]  And also like discovery, I'm sitting on some discovery documents that are ready to go.
[01:14:38.280 --> 01:14:44.000]  But of course, the court has to establish jurisdiction.
[01:14:44.000 --> 01:14:50.640]  But after jurisdiction is established, then I can proceed into discovery right away, right?
[01:14:50.640 --> 01:14:51.640]  Yes.
[01:14:51.640 --> 01:14:52.640]  Okay.
[01:14:52.640 --> 01:15:02.080]  Well, they're going to want to do handle the 12B6 first, because that would go to jurisdiction.
[01:15:02.080 --> 01:15:03.080]  Okay.
[01:15:03.080 --> 01:15:08.320]  Then you can go to, if you get, see, they want a 12B6 because they do not want to get
[01:15:08.320 --> 01:15:09.320]  to discovery.
[01:15:09.320 --> 01:15:10.320]  Right.
[01:15:10.320 --> 01:15:11.320]  Yeah.
[01:15:11.320 --> 01:15:14.520]  They want to avoid discovery at all costs.
[01:15:14.520 --> 01:15:16.320]  That's the reason for the 12B6.
[01:15:16.320 --> 01:15:24.960]  All right, so I just, I have to get through the removal, get through the remand process
[01:15:24.960 --> 01:15:31.200]  and get through the 12B6 process, then I can pick my discovery on them.
[01:15:31.200 --> 01:15:32.200]  Okay.
[01:15:32.200 --> 01:15:33.200]  Okay.
[01:15:33.200 --> 01:15:34.200]  Okay.
[01:15:34.200 --> 01:15:35.200]  Thank you.
[01:15:35.200 --> 01:15:36.200]  Okay.
[01:15:36.200 --> 01:15:37.200]  Okay.
[01:15:37.200 --> 01:15:39.480]  Thank you, Mark.
[01:15:39.480 --> 01:15:42.320]  Now we're going to Bob in Texas.
[01:15:42.320 --> 01:15:44.360]  Hello, Bob.
[01:15:44.360 --> 01:15:49.120]  What do you have for us today?
[01:15:49.120 --> 01:15:52.120]  Bob?
[01:15:52.120 --> 01:16:02.920]  Bob, we're not hearing you.
[01:16:02.920 --> 01:16:09.360]  Ooh, it's like Bob just raked away at the cuckoo.
[01:16:09.360 --> 01:16:11.880]  Let me refresh my screen.
[01:16:11.880 --> 01:16:14.560]  He's not on my board anymore.
[01:16:14.560 --> 01:16:17.320]  Bob just dropped off.
[01:16:17.320 --> 01:16:22.520]  Maybe he could hear us, but he realized that he needs to call back.
[01:16:22.520 --> 01:16:23.520]  Okay.
[01:16:23.520 --> 01:16:27.800]  So we're going to go to Chris in Texas.
[01:16:27.800 --> 01:16:28.800]  Chris in Texas.
[01:16:28.800 --> 01:16:29.800]  Chris in California.
[01:16:29.800 --> 01:16:30.800]  No, Chris in Colorado.
[01:16:30.800 --> 01:16:31.800]  I'll get that right in a minute.
[01:16:31.800 --> 01:16:32.800]  Hello, Chris in Colorado, Texas, California, somewhere.
[01:16:32.800 --> 01:16:33.800]  Technically, I'm from all three of those states.
[01:16:33.800 --> 01:16:34.800]  That works.
[01:16:34.800 --> 01:16:35.800]  Okay.
[01:16:35.800 --> 01:16:52.360]  If you've used up your time, we're going to have to go to some of our sponsors.
[01:16:52.360 --> 01:16:53.360]  Hang on.
[01:16:53.360 --> 01:17:00.320]  Randy Taylor, Brett Fountain, Woodrow Radio, we'll be right back.
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[01:17:49.680 --> 01:17:57.360]  That's ruleoflawradio.com or email m-i-c-h-a-e-l-m-i-r-r-a-s at yahoo.com.
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[01:18:00.400 --> 01:18:01.400]  I love logos.
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[01:18:38.000 --> 01:18:43.640]  Now when you order anything from Amazon, you use that link and logos gets a few pesos.
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[01:18:57.520 --> 01:18:58.520]  Happy holidays, logos.
[01:18:58.520 --> 01:19:22.000]  This is the Logos Radio Network.
[01:19:28.520 --> 01:19:46.440]  Okay, we are back, Randy Kelton, Rhett Fountain, Bluewillow Radio, and we're talking to Chris
[01:19:46.440 --> 01:19:48.440]  from somewhere.
[01:19:48.440 --> 01:19:52.760]  Hello, Chris from somewhere.
[01:19:52.760 --> 01:19:57.160]  That's the most accurate statement of the law, Randy.
[01:19:57.160 --> 01:20:02.000]  I was not planning on calling in tonight, but some things happened today that I was
[01:20:02.000 --> 01:20:03.000]  not expecting.
[01:20:03.000 --> 01:20:07.600]  Some pretty positive things actually.
[01:20:07.600 --> 01:20:12.760]  So last I spoke with you guys, I was, you know, Dr. Bray's last night, we were talking
[01:20:12.760 --> 01:20:19.240]  about this weird ex parte communication with the magistrate judge who wanted to see if
[01:20:19.240 --> 01:20:23.920]  she could schedule a settlement conference based on what we're all willing to settle
[01:20:23.920 --> 01:20:24.920]  for.
[01:20:24.920 --> 01:20:33.360]  Well, she ruled very quickly after that meeting yesterday and put in a denial of the settlement
[01:20:33.360 --> 01:20:34.360]  conference.
[01:20:34.360 --> 01:20:42.480]  And she denied, the federal courts in Illinois have a free thing for proceeds for settlement
[01:20:42.480 --> 01:20:43.480]  conferences.
[01:20:43.480 --> 01:20:46.880]  They'll appoint a federal attorney, kind of like a pro bono thing, but just for settlement
[01:20:46.880 --> 01:20:47.880]  conference.
[01:20:47.880 --> 01:20:51.840]  So she denied both of those, both my motions for that.
[01:20:51.840 --> 01:20:55.940]  She did note that if we went into settlement conference at some point, she would consider
[01:20:55.940 --> 01:20:58.440]  appointing somebody from that, from that pool.
[01:20:58.440 --> 01:20:59.440]  Okay.
[01:20:59.440 --> 01:21:01.160]  So that's where it's at.
[01:21:01.160 --> 01:21:05.880]  Next week, we have a hearing for my motion to compel on the discovery, which is pretty
[01:21:05.880 --> 01:21:08.880]  darn interesting.
[01:21:08.880 --> 01:21:14.980]  I also subpoenaed the insurance company and they put up the same barriers on just a privilege.
[01:21:14.980 --> 01:21:18.000]  They do not want me to see the communication.
[01:21:18.000 --> 01:21:21.800]  So I think that's obvious why there's probably stuff hiding in it.
[01:21:21.800 --> 01:21:22.800]  Okay.
[01:21:22.800 --> 01:21:27.640]  Well, today out of nowhere, oh, and by the way, my case got reassigned to a new judge.
[01:21:27.640 --> 01:21:29.440]  I don't know if I mentioned that before.
[01:21:29.440 --> 01:21:38.440]  So after waiting nine months for a ruling on a motion to dismiss a second 12B6, the
[01:21:38.440 --> 01:21:40.800]  judge took nine months, did not rule on it.
[01:21:40.800 --> 01:21:45.280]  And then the 150 plus cases got assigned to this new judge.
[01:21:45.280 --> 01:21:49.800]  And within two weeks, she ruled on it today.
[01:21:49.800 --> 01:21:56.480]  And the magistrate judge figured thought this was going to take many, many more months for
[01:21:56.480 --> 01:21:57.680]  her to rule on it.
[01:21:57.680 --> 01:22:02.280]  So I don't know where this new federal judge ruled on it.
[01:22:02.280 --> 01:22:11.440]  And she granted me my, she, my claim for consumer fraud survived, which is I've been waiting,
[01:22:11.440 --> 01:22:13.120]  waiting and waiting and fighting for that.
[01:22:13.120 --> 01:22:14.120]  That's the crux of the case.
[01:22:14.120 --> 01:22:15.120]  I got it.
[01:22:15.120 --> 01:22:16.120]  Wow.
[01:22:16.120 --> 01:22:17.120]  Yeah.
[01:22:17.120 --> 01:22:18.120]  Cool.
[01:22:18.120 --> 01:22:21.760]  Now they might be ready to come to the table.
[01:22:21.760 --> 01:22:24.080]  Yes.
[01:22:24.080 --> 01:22:29.760]  But I'm, I have a couple of questions about strategy, but I'm curious why I went down
[01:22:29.760 --> 01:22:30.760]  this way.
[01:22:30.760 --> 01:22:35.800]  Why would a new judge, can a new judge work on old judges work or do they have to start
[01:22:35.800 --> 01:22:37.800]  all over?
[01:22:37.800 --> 01:22:43.160]  No, they have to work on what's already in the record.
[01:22:43.160 --> 01:22:50.120]  Well, at the notes, let's say the, the old judge had been doing some research and homework
[01:22:50.120 --> 01:22:56.920]  and you know, and had found case law and was, was filing a, you know, a memorandum.
[01:22:56.920 --> 01:22:59.860]  Would the second judge be able to build on that or do they have to start their whole
[01:22:59.860 --> 01:23:01.600]  new research and memorandum?
[01:23:01.600 --> 01:23:05.800]  No, they'll build on what's already there.
[01:23:05.800 --> 01:23:06.800]  Okay.
[01:23:06.800 --> 01:23:07.800]  Okay.
[01:23:07.800 --> 01:23:12.080]  So interesting that within two weeks out of 150 cases, one of the first ones she went
[01:23:12.080 --> 01:23:13.560]  for was mine.
[01:23:13.560 --> 01:23:15.760]  Good news.
[01:23:15.760 --> 01:23:16.760]  Yeah.
[01:23:16.760 --> 01:23:17.760]  Okay.
[01:23:17.760 --> 01:23:20.560]  So now you're right.
[01:23:20.560 --> 01:23:24.920]  The other, the other, the other side cannot offer a measly property damage.
[01:23:24.920 --> 01:23:29.400]  They had been trying to steer this case into property damage, property damage, property
[01:23:29.400 --> 01:23:30.400]  damage.
[01:23:30.400 --> 01:23:33.520]  And I straight up told the judge yesterday, judge, I said, your honor, that the least
[01:23:33.520 --> 01:23:38.220]  of the issue here to me in my opinion is the property damage is the case about fraud.
[01:23:38.220 --> 01:23:42.120]  And she had not looked at the fact that I already had a ruling, which I thought was
[01:23:42.120 --> 01:23:43.120]  res judicata.
[01:23:43.120 --> 01:23:45.600]  But according to my argument, it didn't work that way.
[01:23:45.600 --> 01:23:51.120]  I actually had to argue consumer fraud, which I did in the second motion to dismiss, apparently
[01:23:51.120 --> 01:23:52.120]  it worked.
[01:23:52.120 --> 01:23:53.120]  Okay.
[01:23:53.120 --> 01:23:57.360]  So here's my question to you guys tonight, my main question.
[01:23:57.360 --> 01:24:03.000]  How does a precedent, you know, like a, a, what do they call it?
[01:24:03.000 --> 01:24:05.040]  Issue of first impression.
[01:24:05.040 --> 01:24:12.140]  How does that work when we may not go to trial?
[01:24:12.140 --> 01:24:14.880]  Because we're going to settle out of court.
[01:24:14.880 --> 01:24:21.360]  Does the judge's memorandum today, essentially a ruling memorandum today that makes that
[01:24:21.360 --> 01:24:27.680]  count survive, is that enough to set case law?
[01:24:27.680 --> 01:24:29.640]  No.
[01:24:29.640 --> 01:24:41.800]  Only the court of appeals consent case law, but I don't see how they, they're going
[01:24:41.800 --> 01:24:48.720]  to do everything they can to avoid case law.
[01:24:48.720 --> 01:24:54.360]  They're not going to want this to get to the court of appeals.
[01:24:54.360 --> 01:25:00.960]  And someone wanted to talk about politics.
[01:25:00.960 --> 01:25:03.660]  This is the politics.
[01:25:03.660 --> 01:25:09.400]  The last thing they want is for you to get a positive ruling from the court of appeals
[01:25:09.400 --> 01:25:13.700]  because that becomes law and they're stuck with it.
[01:25:13.700 --> 01:25:23.040]  If it looks like you might get a ruling in your favor at the court of appeals, they're
[01:25:23.040 --> 01:25:25.400]  going to want this thing to go away.
[01:25:25.400 --> 01:25:30.200]  Even if they can buy off the local judge and get the judge to rule in their favor, that's
[01:25:30.200 --> 01:25:33.480]  not going to help them much.
[01:25:33.480 --> 01:25:43.740]  If you're going to appeal it and your appeal is likely to win, like the emotion I filed
[01:25:43.740 --> 01:25:54.040]  that I plagiarized from Eddie Craig saying that a municipality could not apply an ordinance
[01:25:54.040 --> 01:26:00.160]  to the public in general, as that would have the effect of a law.
[01:26:00.160 --> 01:26:09.000]  The court of appeals looked at this and said, holy mackerel, how did this ever get here?
[01:26:09.000 --> 01:26:15.960]  If we were against them and the Supreme agrees with him, then all the ordinances in the state
[01:26:15.960 --> 01:26:18.360]  are trash.
[01:26:18.360 --> 01:26:25.280]  So they went and found another reason to give me the ruling I wanted so I couldn't appeal.
[01:26:25.280 --> 01:26:29.860]  It's all politics.
[01:26:29.860 --> 01:26:38.060]  So it sounds like you're in a good position now to take a first blush issue potentially
[01:26:38.060 --> 01:26:41.600]  to the appellate court.
[01:26:41.600 --> 01:26:47.520]  And the judges, the lawyers, none of them are going to want that to happen.
[01:26:47.520 --> 01:26:50.500]  I spoke to Jasenowski last night.
[01:26:50.500 --> 01:26:53.720]  This is a good time to speak to it again.
[01:26:53.720 --> 01:27:02.500]  In the foreclosure realm, you got four days from the time alone is let to rescind it.
[01:27:02.500 --> 01:27:05.080]  You can rescind it for no reason, just because you want to.
[01:27:05.080 --> 01:27:06.920]  Just change your mind and rescind.
[01:27:06.920 --> 01:27:11.320]  Well, this guy got $100,000 mortgage.
[01:27:11.320 --> 01:27:15.600]  And before the four days were up, he rescinded it.
[01:27:15.600 --> 01:27:21.740]  And Wells Fargo said, and he said, give me all my money back.
[01:27:21.740 --> 01:27:26.000]  And they said, no, you got to give us the property first.
[01:27:26.000 --> 01:27:29.240]  And he said, no, you got to give me the money back first.
[01:27:29.240 --> 01:27:36.080]  So they fought this through the appellate court and it went all the way to the Supreme.
[01:27:36.080 --> 01:27:42.800]  And the Supreme stuck it up the banks behind and broke it off.
[01:27:42.800 --> 01:27:48.840]  They said, when someone rescinds, you have to give them back everything they paid you,
[01:27:48.840 --> 01:27:57.480]  principal and interest, everything, then they return you the property.
[01:27:57.480 --> 01:28:07.160]  And I said, who was the moron that let this case get to the Supreme?
[01:28:07.160 --> 01:28:12.440]  What were they thinking?
[01:28:12.440 --> 01:28:18.700]  Somebody didn't look at this and say, what happens if we get a ruling against us?
[01:28:18.700 --> 01:28:25.960]  They got case law that completely changed everything and the banks lost a major source
[01:28:25.960 --> 01:28:28.400]  of leverage.
[01:28:28.400 --> 01:28:35.520]  So they're always going to look at what's going to cause us big problems down the road.
[01:28:35.520 --> 01:28:39.720]  And they're going to want to plead out before they get there.
[01:28:39.720 --> 01:28:45.920]  And since you got this ruling in your favor, it's going to look much more like they could
[01:28:45.920 --> 01:28:49.160]  get a ruling against them.
[01:28:49.160 --> 01:28:57.420]  So now is your time to let them make you an offer.
[01:28:57.420 --> 01:29:02.920]  The first officer, you will tell them, this is not a point for which I will even begin
[01:29:02.920 --> 01:29:03.920]  to negotiate.
[01:29:03.920 --> 01:29:10.960]  And you play poker with them.
[01:29:10.960 --> 01:29:12.600]  How much would you settle for?
[01:29:12.600 --> 01:29:13.600]  Got a number?
[01:29:13.600 --> 01:29:17.880]  Yeah, I've got a number in my head, but at this point, I'm almost thinking I want to
[01:29:17.880 --> 01:29:21.760]  raise it now.
[01:29:21.760 --> 01:29:23.240]  It may be time.
[01:29:23.240 --> 01:29:25.320]  Well, here's my poker game.
[01:29:25.320 --> 01:29:28.360]  Here's my poker play, Randy.
[01:29:28.360 --> 01:29:33.840]  I've been having a hard time keeping up and it's no secret why.
[01:29:33.840 --> 01:29:38.760]  I talked to a couple of attorneys and they're interested in coming in, but only if they're
[01:29:38.760 --> 01:29:41.280]  allowed to do class action.
[01:29:41.280 --> 01:29:47.000]  So- If they do a class action, screw you.
[01:29:47.000 --> 01:29:48.000]  No, I know that.
[01:29:48.000 --> 01:29:49.000]  I know that.
[01:29:49.000 --> 01:29:50.000]  Okay.
[01:29:50.000 --> 01:29:51.000]  Hang on.
[01:29:51.000 --> 01:29:57.640]  About to go to our sponsors, Randy Kelton, Brett Fountain, Rue La Radio, we'll be right
[01:29:57.640 --> 01:29:59.600]  back.
[01:29:59.600 --> 01:30:03.640]  Sorry, soft drink lovers.
[01:30:03.640 --> 01:30:05.680]  Even diet drinks can make you fat.
[01:30:05.680 --> 01:30:10.240]  A new study shows that diet soda drinkers gain much more weight than people who avoid
[01:30:10.240 --> 01:30:11.240]  the stuff.
[01:30:11.240 --> 01:30:15.480]  I'm Dr. Catherine Albrecht and I'll be back in a moment with a scoop on supposedly skinny
[01:30:15.480 --> 01:30:16.480]  sodas.
[01:30:16.480 --> 01:30:18.880]  Privacy is under attack.
[01:30:18.880 --> 01:30:22.480]  When you give up data about yourself, you'll never get it back again.
[01:30:22.480 --> 01:30:27.280]  And once your privacy is gone, you'll find your freedoms will start to vanish too.
[01:30:27.280 --> 01:30:32.400]  So protect your rights, say no to surveillance, and keep your information to yourself.
[01:30:32.400 --> 01:30:35.040]  Privacy, it's worth hanging on to.
[01:30:35.040 --> 01:30:39.320]  This public service announcement is brought to you by Startpage.com, the private search
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[01:30:46.360 --> 01:30:50.400]  Artificial sweeteners cut the calories and help you lose weight, right?
[01:30:50.400 --> 01:30:51.400]  Wrong.
[01:30:51.400 --> 01:30:56.080]  Researchers at UT San Antonio followed hundreds of diet soda drinkers for nearly a decade.
[01:30:56.080 --> 01:31:01.060]  They found that regularly drinking diet soda expanded people's waistlines five times more
[01:31:01.060 --> 01:31:02.800]  than no soda at all.
[01:31:02.800 --> 01:31:07.600]  The study's authors say artificial sweeteners trigger the appetite, but unlike regular sugars,
[01:31:07.600 --> 01:31:09.760]  don't deliver anything to squelch it.
[01:31:09.760 --> 01:31:14.280]  Waking up hunger without satisfying it leads to cravings, which can result in a larger
[01:31:14.280 --> 01:31:16.120]  overall calorie intake.
[01:31:16.120 --> 01:31:20.560]  So use natural sweeteners to maintain a healthy weight, and if you need to shed some pounds,
[01:31:20.560 --> 01:31:23.800]  avoid the sweet stuff altogether and drink water instead.
[01:31:23.800 --> 01:31:25.800]  I'm Dr. Catherine Albrecht.
[01:31:25.800 --> 01:31:30.580]  More news and information at CatherineAlbrecht.com.
[01:31:30.580 --> 01:31:35.960]  This is Building 7, a 47-story skyscraper that fell on the afternoon of September 11th.
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[01:33:23.920 --> 01:33:37.440]  Okay, howdy, howdy, Randy Kelton, Rhett Fountain, Rule of Law Radio on this Friday, the 30th
[01:33:37.440 --> 01:33:43.160]  day of June 2023.
[01:33:43.160 --> 01:33:47.240]  And we're talking to Chris in Colorado.
[01:33:47.240 --> 01:33:49.200]  And Chris, it sounds like you're in a good position.
[01:33:49.200 --> 01:33:54.080]  You mentioned that you were thinking of raising the amount you want.
[01:33:54.080 --> 01:34:02.240]  I didn't ask that question right, so I didn't get the right answer.
[01:34:02.240 --> 01:34:11.440]  You figure out, I should have asked you how much is the least amount that you would find
[01:34:11.440 --> 01:34:21.120]  acceptable and then double that and ask for that amount.
[01:34:21.120 --> 01:34:23.120]  This is poker.
[01:34:23.120 --> 01:34:24.120]  Right.
[01:34:24.120 --> 01:34:31.320]  I've talked to a couple of lawyers, I got on Just Dancer and they're about 50-50.
[01:34:31.320 --> 01:34:34.400]  Some of them are completely inexperienced, some of them are good.
[01:34:34.400 --> 01:34:37.560]  And I decided to use one of my calls, talk to this guy from California and he's actually
[01:34:37.560 --> 01:34:38.880]  pretty good guy.
[01:34:38.880 --> 01:34:43.120]  And we talked about that type of thing, settlement negotiation numbers, and he says, well, here's
[01:34:43.120 --> 01:34:44.120]  my formula.
[01:34:44.120 --> 01:34:49.040]  He says, I started this number, I drop it 30% and then I drop it to whatever, but basically
[01:34:49.040 --> 01:34:52.520]  he's double, he starts off about double where he's willing to go.
[01:34:52.520 --> 01:34:59.080]  So similar to what you just said, I'm pro se, it's my first time doing it.
[01:34:59.080 --> 01:35:02.560]  I'm pretty good at playing, no, I'm not any good at playing poker, but as far as life
[01:35:02.560 --> 01:35:05.320]  poker, I think I'm pretty decent at it.
[01:35:05.320 --> 01:35:07.640]  But I'm also a little pretty aggressive sometimes.
[01:35:07.640 --> 01:35:12.280]  So I just decided the judge, the original magistrate judge pushed me into a corner and
[01:35:12.280 --> 01:35:15.480]  she said, well, can you just give them a number?
[01:35:15.480 --> 01:35:17.160]  And she tried to make an order out of it.
[01:35:17.160 --> 01:35:18.480]  It was really just a suggestion.
[01:35:18.480 --> 01:35:19.480]  She can't order me to do that.
[01:35:19.480 --> 01:35:20.480]  So I did.
[01:35:20.480 --> 01:35:22.800]  So I said something under a hundred thousand.
[01:35:22.800 --> 01:35:28.680]  And well, that opens up everything, you know, from 50 cents to 99,000.
[01:35:28.680 --> 01:35:34.480]  So I just left it there and then I sent a number to the other side.
[01:35:34.480 --> 01:35:36.040]  Well, they completely ignored it.
[01:35:36.040 --> 01:35:39.300]  They want to offer me like 5,000 for the damage for the vehicle.
[01:35:39.300 --> 01:35:41.240]  Now they can't offer me 5,000.
[01:35:41.240 --> 01:35:44.880]  They know they have to deal with punitive and they also have to deal with attorney's
[01:35:44.880 --> 01:35:50.920]  fees, which is why I'm trying to kind of maybe bring in an attorney just as that leveraging
[01:35:50.920 --> 01:35:54.680]  aspect.
[01:35:54.680 --> 01:35:58.560]  If that lawyer just has to come in and basically act like he's my lawyer for just a little
[01:35:58.560 --> 01:36:02.360]  bit, he gets 5,000 or whatever out of it.
[01:36:02.360 --> 01:36:05.880]  And they know they have to pay possibly more.
[01:36:05.880 --> 01:36:06.880]  So that's what I'm trying to do.
[01:36:06.880 --> 01:36:12.680]  I'm trying to play the proper poker game here and definitely not going to, I'm definitely,
[01:36:12.680 --> 01:36:17.600]  I do have a number and, but I, it's my first time doing this, so I don't know how successful
[01:36:17.600 --> 01:36:18.600]  I'll be at that.
[01:36:18.600 --> 01:36:24.120]  But as everybody said, somebody's made a comment until they see the whites of the jury's eyes,
[01:36:24.120 --> 01:36:27.320]  you know, they, they will fight sometimes.
[01:36:27.320 --> 01:36:32.960]  So here's, here's what, there's some aspects of this, what I'm curious about.
[01:36:32.960 --> 01:36:38.800]  So we have an insurance company out from, from Minnesota who's paying for defense through
[01:36:38.800 --> 01:36:43.560]  an insurance firm, through an attorney, a firm in Chicago, they're paying cross-states.
[01:36:43.560 --> 01:36:46.320]  They have to pay out of pocket.
[01:36:46.320 --> 01:36:50.920]  And this firm is making a lot of money off of this case, obviously.
[01:36:50.920 --> 01:36:57.840]  So how might it work for this negotiation process if I start calling bluffs like I could
[01:36:57.840 --> 01:37:01.680]  get, I could turn this into a class action?
[01:37:01.680 --> 01:37:11.400]  Any, any claim, any offer that you make must be relayed to their client.
[01:37:11.400 --> 01:37:15.320]  They cannot negotiate in a vacuum.
[01:37:15.320 --> 01:37:16.320]  I see.
[01:37:16.320 --> 01:37:17.320]  Okay.
[01:37:17.320 --> 01:37:23.080]  So I'm assuming my, my offer that I've already made was relayed to the client and they said
[01:37:23.080 --> 01:37:25.440]  forget it.
[01:37:25.440 --> 01:37:30.640]  And this didn't even respond, but now that they have a consumer fraud on their client,
[01:37:30.640 --> 01:37:34.160]  not on the company itself, that's what I mean.
[01:37:34.160 --> 01:37:36.840]  How could that work?
[01:37:36.840 --> 01:37:42.240]  Because the insurance company is defending them, but technically they'd only have to
[01:37:42.240 --> 01:37:44.240]  defend the property damage.
[01:37:44.240 --> 01:37:45.240]  Yeah.
[01:37:45.240 --> 01:37:56.160]  But this also puts them in a position to be stuck with the storage doctor.
[01:37:56.160 --> 01:38:00.480]  So now you want to know how much their coverage is.
[01:38:00.480 --> 01:38:08.760]  So that you can adjust your, your claim down to an amount they can pay.
[01:38:08.760 --> 01:38:11.560]  The insurance coverage is a million dollars a commercial.
[01:38:11.560 --> 01:38:12.560]  I've seen it.
[01:38:12.560 --> 01:38:13.560]  It's commercial.
[01:38:13.560 --> 01:38:14.560]  Okay.
[01:38:14.560 --> 01:38:17.560]  I like that phrasing though.
[01:38:17.560 --> 01:38:23.800]  I want to see this number so that I can adjust my claim down to it.
[01:38:23.800 --> 01:38:29.920]  So if they've got to be your dollar rider, which is very common, then the insurance company
[01:38:29.920 --> 01:38:39.000]  is, they're likely to be liable and you, you've got the courts ruling in your favor.
[01:38:39.000 --> 01:38:44.160]  For a pro se to do that, that's a big deal.
[01:38:44.160 --> 01:38:52.120]  So they may have a pro se, but they don't have a chump pro se.
[01:38:52.120 --> 01:38:56.840]  So they may be, you may get an offer.
[01:38:56.840 --> 01:39:00.120]  Just hold your ground.
[01:39:00.120 --> 01:39:01.120]  Okay.
[01:39:01.120 --> 01:39:02.120]  Yeah.
[01:39:02.120 --> 01:39:06.640]  I plan to, um, okay.
[01:39:06.640 --> 01:39:08.000]  So that's all good.
[01:39:08.000 --> 01:39:09.000]  All right.
[01:39:09.000 --> 01:39:14.320]  Now we're going to play a little bit of poker and it sounds like I've got the courts finally
[01:39:14.320 --> 01:39:17.720]  on my side, taking me a little more seriously, which is great.
[01:39:17.720 --> 01:39:20.600]  It's been a hard battle getting there.
[01:39:20.600 --> 01:39:25.640]  Um, but back to my original question.
[01:39:25.640 --> 01:39:30.200]  One of the main things I, when I first started this, before I got kind of beat up and went
[01:39:30.200 --> 01:39:36.200]  through the accident, I really wanted to change some aspects for the people of Chicago, uh,
[01:39:36.200 --> 01:39:37.540]  for this towing thing.
[01:39:37.540 --> 01:39:42.040]  And what I found in the case law is that there really is no consumer protection.
[01:39:42.040 --> 01:39:47.720]  There's been a couple of cases for towing that, that kind of hint that people have some
[01:39:47.720 --> 01:39:55.160]  rights for towing companies themselves, the towing companies had no lien rights.
[01:39:55.160 --> 01:39:57.760]  They kind of went rogue and blah, blah, blah.
[01:39:57.760 --> 01:40:00.520]  Well then things changed in the late seventies, early eighties.
[01:40:00.520 --> 01:40:04.840]  They got this, they got access to the small lean act with small labor and lean act.
[01:40:04.840 --> 01:40:08.400]  So every time you tow somebody's car, you get a lien on that vehicle for the services
[01:40:08.400 --> 01:40:09.400]  that were provided.
[01:40:09.400 --> 01:40:15.960]  But as far as people being consumers who get towed without consent, there's really no
[01:40:15.960 --> 01:40:19.960]  protections and that's, that's the crossroads that we're at.
[01:40:19.960 --> 01:40:25.480]  I've seen no case law and that's why they were able to push a 12B6 on me twice for this
[01:40:25.480 --> 01:40:30.240]  particular issue because apparently nobody's ruled that there's actually consumer protections
[01:40:30.240 --> 01:40:32.280]  when you get your car towed.
[01:40:32.280 --> 01:40:37.840]  And that's what I argued, that I am a consumer even though I didn't, I didn't get towed with
[01:40:37.840 --> 01:40:38.840]  consent.
[01:40:38.840 --> 01:40:39.840]  I am a consumer.
[01:40:39.840 --> 01:40:45.800]  I participate in consumerism and I am protected by that state state law, that state act.
[01:40:45.800 --> 01:40:51.800]  And apparently the judge now agrees, but I'd like to get that on the books for everybody
[01:40:51.800 --> 01:40:53.020]  from here on out.
[01:40:53.020 --> 01:40:59.400]  And I'm wondering how to do that since only the appellate court can do, can rule on that.
[01:40:59.400 --> 01:41:06.680]  The only way to do that is to tell them to take their deal and shove it and fight them
[01:41:06.680 --> 01:41:12.520]  all the way to the spring.
[01:41:12.520 --> 01:41:17.800]  But they, so, but if I get a judgment, let's say I get it before the jury and the jury
[01:41:17.800 --> 01:41:24.760]  awards me a settlement, does that become case law after that?
[01:41:24.760 --> 01:41:33.560]  Yes, no, no, no, no, no, no, it becomes a case law after the other side appeals it and
[01:41:33.560 --> 01:41:37.560]  the court of appeals rules in your favor.
[01:41:37.560 --> 01:41:40.140]  Oh.
[01:41:40.140 --> 01:41:42.920]  That's the only time it becomes a case law.
[01:41:42.920 --> 01:41:52.680]  However, however, if you win a big settlement, that will, while it may not be case law, it
[01:41:52.680 --> 01:42:00.120]  will certainly reverberate through the industry.
[01:42:00.120 --> 01:42:05.160]  And the insurance companies are going to have to do something to keep that kind of thing
[01:42:05.160 --> 01:42:07.920]  from happening to them.
[01:42:07.920 --> 01:42:13.720]  So while you may not get the law in place, you may get the insurance companies to fix
[01:42:13.720 --> 01:42:14.720]  this for you.
[01:42:14.720 --> 01:42:22.680]  I live in Texas and I live on a highway that is the main artery between the Dallas-Fort
[01:42:22.680 --> 01:42:28.040]  Worth area and some rock cores.
[01:42:28.040 --> 01:42:33.640]  And we had so many rock trucks running up and down this highway that there was one particular
[01:42:33.640 --> 01:42:40.880]  intersection where 27 people a year were killed at that intersection.
[01:42:40.880 --> 01:42:47.160]  These rock trucks just were, they would come over a hill three abreast and everybody would
[01:42:47.160 --> 01:42:51.320]  have to run off in the ditches, there's nothing to do, they were slaughtering people everywhere
[01:42:51.320 --> 01:42:57.320]  because the rock trucks got paid by how many miles they drove.
[01:42:57.320 --> 01:43:00.320]  So the faster they drove, the more they made.
[01:43:00.320 --> 01:43:05.200]  It was an incredible problem and we had been trying to fix it.
[01:43:05.200 --> 01:43:11.240]  I stick the railroads on them and we couldn't get it fixed until one driver ran through
[01:43:11.240 --> 01:43:19.320]  an intersection talking on his CB radio and killed six people.
[01:43:19.320 --> 01:43:29.320]  And the insurance companies came unglued and they said if a driver has three tickets written
[01:43:29.320 --> 01:43:35.040]  against him, not convicted, just written against him, they wouldn't insure it.
[01:43:35.040 --> 01:43:38.840]  And they tripled their insurance premiums.
[01:43:38.840 --> 01:43:41.480]  That fixed it.
[01:43:41.480 --> 01:43:45.040]  The insurance company has fixed it for us.
[01:43:45.040 --> 01:43:49.880]  So there may be another way to get this done through the insurance company.
[01:43:49.880 --> 01:44:00.680]  Hang on, Randy Kelton, Rhett Fountain, we'll be right back.
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[01:46:36.760 --> 01:47:01.760]  Thank you.
[01:47:06.760 --> 01:47:33.720]  Okay, we are back, Randy Kelton with Fountain Rule of Law Radio, and we're down to the
[01:47:33.720 --> 01:47:47.760]  poker part, and if you push them hard enough, then the insurance companies may change the
[01:47:47.760 --> 01:47:52.120]  playing field for you.
[01:47:52.120 --> 01:47:56.120]  Okay.
[01:47:56.120 --> 01:48:02.280]  When you filed your suit, did you make it a private attorney general suit?
[01:48:02.280 --> 01:48:04.280]  No.
[01:48:04.280 --> 01:48:06.560]  Okay.
[01:48:06.560 --> 01:48:14.920]  That way you might have been able to put more pressure on them and raise the bar where you
[01:48:14.920 --> 01:48:22.920]  sue for yourself and all the others similarly situated.
[01:48:22.920 --> 01:48:25.800]  But you may be able to win it that way anyway.
[01:48:25.800 --> 01:48:33.000]  What I'm thinking is, don't risk losing everything to try to help everybody else.
[01:48:33.000 --> 01:48:44.480]  You put way too much into this to stand on a high horse and wind up getting the whole
[01:48:44.480 --> 01:48:46.480]  thing thrown out.
[01:48:46.480 --> 01:48:51.600]  Right, no, yeah, you're right.
[01:48:51.600 --> 01:48:57.520]  At the end of the day, the courts are corrupt, it's just back to life.
[01:48:57.520 --> 01:49:07.920]  You got politics in your favor now, and a win against the insurance company is a win.
[01:49:07.920 --> 01:49:14.960]  They have to write you a decent check, they are not going to be happy about that.
[01:49:14.960 --> 01:49:18.800]  And having to fight you all this distance, they're not going to be happy about that
[01:49:18.800 --> 01:49:24.040]  either.
[01:49:24.040 --> 01:49:29.640]  Well I got another poker piece, I don't know if you guys remember, I have a filed lawsuit
[01:49:29.640 --> 01:49:35.360]  in state court sitting there waiting for me to serve them with it, and the judge accepted
[01:49:35.360 --> 01:49:36.560]  it.
[01:49:36.560 --> 01:49:41.680]  So they have fraud claims about to be filed right against them.
[01:49:41.680 --> 01:49:45.280]  They also just got hit with the insurance complaint from the Illinois Department of
[01:49:45.280 --> 01:49:46.640]  Insurance this past week.
[01:49:46.640 --> 01:49:52.920]  They have until the 12th to answer that, that's going to be interesting.
[01:49:52.920 --> 01:49:55.720]  So you're bringing a firestorm at them.
[01:49:55.720 --> 01:50:03.800]  Yeah, and all of the fire grievances are about to be coming out this next week.
[01:50:03.800 --> 01:50:10.160]  So, and it'll be one after another, I've got enough topics stored up that it won't
[01:50:10.160 --> 01:50:11.160]  end.
[01:50:11.160 --> 01:50:12.160]  Good.
[01:50:12.160 --> 01:50:13.160]  Yeah.
[01:50:13.160 --> 01:50:17.480]  So it is time to turn the heat up.
[01:50:17.480 --> 01:50:18.480]  Yeah.
[01:50:18.480 --> 01:50:26.560]  I don't know how they're going to take all that, but I guess not well, but sometimes
[01:50:26.560 --> 01:50:30.200]  when you corner a rabid animal, they bring everything back at you.
[01:50:30.200 --> 01:50:34.120]  So I'm trying to play a very good poker game here, because I don't want to fight anymore
[01:50:34.120 --> 01:50:35.120]  either.
[01:50:35.120 --> 01:50:37.200]  Kind of like you said, don't lose everything.
[01:50:37.200 --> 01:50:42.280]  I've burnt up a lot of energy on this, but God have I learned a lot, you know?
[01:50:42.280 --> 01:50:49.280]  So it's been a good experience, but I don't really want to go to trial, not anymore.
[01:50:49.280 --> 01:50:54.400]  So I would agree with you, but I do have to be able to call that bluff.
[01:50:54.400 --> 01:50:59.480]  I do have to be able to walk to the steps of the courthouse, be ready to say something.
[01:50:59.480 --> 01:51:06.480]  So we'll see, but now they are going to want to settle.
[01:51:06.480 --> 01:51:09.840]  I think in that call yesterday, they basically told the judge, we're not giving them more
[01:51:09.840 --> 01:51:14.960]  than five or 10,000, and the judge heard me talk, even though I didn't give her a number.
[01:51:14.960 --> 01:51:18.320]  And she's like, well, I guess he's probably not going to take that.
[01:51:18.320 --> 01:51:22.040]  So they've been telling the judge, we want a settlement conference, we want a settlement
[01:51:22.040 --> 01:51:23.040]  conference.
[01:51:23.040 --> 01:51:25.000]  They've been saying it all over and over, like they're these good guys.
[01:51:25.000 --> 01:51:30.720]  And then at that talk yesterday, they basically reneged on their whole-
[01:51:30.720 --> 01:51:40.120]  And they need to get a grievance for failure to negotiate in good faith.
[01:51:40.120 --> 01:51:41.120]  Awesome.
[01:51:41.120 --> 01:51:42.120]  Awesome.
[01:51:42.120 --> 01:51:44.760]  I like that.
[01:51:44.760 --> 01:51:49.080]  And now they have to take it seriously.
[01:51:49.080 --> 01:51:53.080]  They have to be able to come up to a reasonable number because they've been telling the judge,
[01:51:53.080 --> 01:51:58.680]  we're not going to offer anything more until we know if or not we have punitive damages
[01:51:58.680 --> 01:52:00.080]  because of the consumer fraud.
[01:52:00.080 --> 01:52:05.000]  Now they know they have punitive damages because of consumer fraud, they're going to have to
[01:52:05.000 --> 01:52:06.000]  do something.
[01:52:06.000 --> 01:52:08.360]  The judge is hopefully going to hold them to it.
[01:52:08.360 --> 01:52:16.440]  So let's see if everybody plays ball well.
[01:52:16.440 --> 01:52:20.320]  Uncharted territory, guys, I never expected any of this.
[01:52:20.320 --> 01:52:26.080]  And I don't know where I'm going yet, but we're going somewhere.
[01:52:26.080 --> 01:52:29.400]  This is really good news.
[01:52:29.400 --> 01:52:34.960]  We've turned the corner in the case.
[01:52:34.960 --> 01:52:42.520]  And for everybody out there that thinks the courts are absolutely totally corrupt, this
[01:52:42.520 --> 01:52:46.160]  is in Chicago.
[01:52:46.160 --> 01:52:49.240]  I grew up in Chicago.
[01:52:49.240 --> 01:52:56.480]  I don't think there's a place on earth more corrupt than Chicago.
[01:52:56.480 --> 01:53:04.080]  It was absolutely the armpit of the nation.
[01:53:04.080 --> 01:53:09.120]  I got back from Vietnam and I told my wife, you know, once we got married, I told her
[01:53:09.120 --> 01:53:12.120]  we got to get out of here.
[01:53:12.120 --> 01:53:15.360]  She says, well, I've never lived anywhere else.
[01:53:15.360 --> 01:53:18.680]  And I told her, honey, you don't understand.
[01:53:18.680 --> 01:53:24.920]  There is a whole other way of living, nothing like this.
[01:53:24.920 --> 01:53:33.080]  You could fall down on the street there and die and those people would step over you.
[01:53:33.080 --> 01:53:35.000]  They'd be afraid to try to help you.
[01:53:35.000 --> 01:53:38.360]  It was the scariest place I was ever at.
[01:53:38.360 --> 01:53:43.120]  And Mayor Daley at the time controlled it with an iron fist.
[01:53:43.120 --> 01:53:48.040]  And at my first opportunity, I packed up everything and came to Texas and the wife said, she's
[01:53:48.040 --> 01:53:49.040]  not coming.
[01:53:49.040 --> 01:53:52.000]  I said, you don't know anybody in Texas.
[01:53:52.000 --> 01:53:56.640]  I told her, I don't know anybody in Chicago that's worth knowing.
[01:53:56.640 --> 01:54:01.120]  I'd loaded everything in the truck, put the kids in the truck and said, she's standing
[01:54:01.120 --> 01:54:02.680]  next to the truck.
[01:54:02.680 --> 01:54:07.200]  I said, hon, me and the kids are going to Texas.
[01:54:07.200 --> 01:54:11.480]  What are you going to do?
[01:54:11.480 --> 01:54:13.540]  She finally got up in the truck.
[01:54:13.540 --> 01:54:19.640]  We came to Texas and after six months, Texas was home to her.
[01:54:19.640 --> 01:54:22.240]  She found out there was a whole other way of living.
[01:54:22.240 --> 01:54:27.840]  So I don't have much good to say about Chicago, except for the last couple of times I've
[01:54:27.840 --> 01:54:28.840]  been there.
[01:54:28.840 --> 01:54:34.280]  It had changed dramatically since the original Mayor Daley was gone.
[01:54:34.280 --> 01:54:43.520]  But in any case, I'm kind of off point, you're in a good position to put some leverage on
[01:54:43.520 --> 01:54:44.520]  them.
[01:54:44.520 --> 01:54:50.200]  Okay, all right, so I'll go to that.
[01:54:50.200 --> 01:54:53.720]  And thank you again, because none of this would have happened without your guys' help.
[01:54:53.720 --> 01:54:59.360]  I would not have gotten this far, but I do thank you very much for your support.
[01:54:59.360 --> 01:55:00.760]  That is good to hear.
[01:55:00.760 --> 01:55:03.760]  Okay, thank you, Chris.
[01:55:03.760 --> 01:55:08.520]  Now we're going to Ms. Charlie's, I mean, Tina.
[01:55:08.520 --> 01:55:11.680]  You didn't.
[01:55:11.680 --> 01:55:18.560]  It slipped, I don't know what came over me.
[01:55:18.560 --> 01:55:29.920]  I do, you're too, you're never going to live this down, you know, Randy.
[01:55:29.920 --> 01:55:36.200]  Well, I have a quick question for you tonight, well, two things.
[01:55:36.200 --> 01:55:46.280]  One, I think I spoke to you last week about the judge in my appeal case, I had filed a
[01:55:46.280 --> 01:55:56.200]  notice of, you know, rejection of the other side's disclosure statements, because it
[01:55:56.200 --> 01:55:58.920]  was incomplete.
[01:55:58.920 --> 01:56:03.080]  And they said there was no other interested parties but them.
[01:56:03.080 --> 01:56:08.280]  And I've been thinking quite a bit about that, because under federal rule of civil
[01:56:08.280 --> 01:56:15.000]  procedure, which the state has to take notice of, a party to a civil action, and this is
[01:56:15.000 --> 01:56:24.920]  federal rule of civil procedure 26A1, a party to a civil action must produce to other parties
[01:56:24.920 --> 01:56:33.320]  at the outset of the litigation any insurance agreement under which an insurance business
[01:56:33.320 --> 01:56:40.100]  law firm may be liable to satisfy all or part of a possible judgment in the action or to
[01:56:40.100 --> 01:56:46.320]  indemnify or reimburse for payment made to satisfy the judgment.
[01:56:46.320 --> 01:56:59.160]  And rule 7.1 in California requires them to produce a full disclosure, including any insurance
[01:56:59.160 --> 01:57:02.320]  that can cover any claim.
[01:57:02.320 --> 01:57:10.520]  And we, I know that a new bank has acquired CitBank, they refused to do it.
[01:57:10.520 --> 01:57:16.400]  And when I filed this notice, I waited and waited and waited, they didn't respond,
[01:57:16.400 --> 01:57:24.040]  the court didn't respond, and then they denied my motion in its entirety.
[01:57:24.040 --> 01:57:36.720]  So they refused to take judicial notice of the notary, not competition, the notary report,
[01:57:36.720 --> 01:57:42.040]  which where the secretary of state said they did not fulfill their duties.
[01:57:42.040 --> 01:57:44.280]  They denied to take notice of that.
[01:57:44.280 --> 01:57:53.080]  They denied my request to have the court require the other side to file full disclosure.
[01:57:53.080 --> 01:57:57.760]  Can I ask for findings and facts and conclusions of law for that?
[01:57:57.760 --> 01:58:03.400]  And you're going to try to run me off the cliff and I'm not going to do it.
[01:58:03.400 --> 01:58:08.040]  We would never do a thing like that.
[01:58:08.040 --> 01:58:10.080]  You got, you got, you got 30 more seconds.
[01:58:10.080 --> 01:58:11.080]  30 more seconds.
[01:58:11.080 --> 01:58:18.240]  Well, that's my biggest question tonight, then I have something, so I'm just wondering
[01:58:18.240 --> 01:58:25.720]  if I can file a findings of facts and conclusions of law for them denying what is required by
[01:58:25.720 --> 01:58:26.720]  law.
[01:58:26.720 --> 01:58:34.000]  Well, if that doesn't work, you can always file a petition for writamandamus.
[01:58:34.000 --> 01:58:35.560]  That'll jerk a knot in your shorts.
[01:58:35.560 --> 01:58:36.560]  Hang on.
[01:58:36.560 --> 01:58:42.000]  Randy Kelton, Brett Fountain, Rudolf Law Radio, we've got a full board of callers, so I'm
[01:58:42.000 --> 01:58:44.400]  not going to give out the calling number.
[01:58:44.400 --> 01:58:45.400]  Hang on.
[01:58:45.400 --> 01:58:50.320]  We'll be right back.
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