Sunday, August 5, 2007

Local Rule §2.04(a) - Ex Parte Relief

After talking to a lawyer I also did some research of my own. I found a great page written by no other than Judge McMaster himself. Here is the link: Ex Parte Relief: What You Always Wanted
To Know But Were Afraid To Ask
.

Here is my favorite part:

From the judge’s perspective, a request for ex parte relief often (1) places unrealistic demands on the judge to decide complicated matters in a few minutes, (2) severely impacts the court’s calendar, or (3) constitutes a waste of the court’s limited time and resources.

I don’t know about you, but I sure don’t want to waste court’s limited time and resources…

Especially when we look at the following checklists:

The following checklist is offered to guide counsel in how one judge approaches ex parte applications.

1. Is this a proper matter for ex parte relief?

2. Is emergency relief required, i.e. has a true unavoidable emergency situation been presented?

3. Has there been proper notification of opposing counsel?

4. Could this matter be resolved by meeting and conferring, and if so, has there been a good faith attempt to do so?

5. Is there a sufficient evidentiary showing made to entitlement to the relief requested?

6. If there is some emergency, can it be resolved by hearing the matter on shortened notice?

7. For motions presented on the eve of trial, is this a matter that can be heard and decided by the trial judge?

Hmmm… interesting. Here is some more

Factors the court considers in determining whether a true emergency exists include the following:

1. Will a party be prejudiced if the matter is heard at a later date?

2. Is the prejudice or irreparable harm due to the conduct (or lack thereof) of the moving party or counsel?

3. Was the party or counsel diligent in seeking relief?

4. Has there been an attempt to resolve the matter by meeting and conferring?

5. Will hearing the matter on shortened noticed notice solve the immediate problem?

6. Is a hearing on shortened time really necessary, or may the matter be heard by way of a regularly noticed motion without causing undue prejudice?

This was educational. I’m very glad we have such a system in California (and probably other states). This could really come in handy when somebody is under “true unavoidable emergency” and there is immenant threat of “irreparable harm”. As if, maybe somebody’s life is in danger or something else serious like that.

I sure wouldn’t want to place extra burden on the courts and waste tax dollars on anything other than that.

124 Comments

  • Talk to a lawyer, do not rely on self research to get through this. A competent attorney will get this thrown out immediately at minimal loss. Then counter sue that jerk

  • #1 is right. Self-interpreting the law can lead to crazy headaches down the line.
    Statutes aren’t the final word on the law, judges decide what it actually “means” (it means whatever they want it to mean.)
    Good Luck Casey

  • So? what the hell does all that mean? Do you understand it Casey?

    This is America. I can spill coffee on myself and then sue someone and win.

    This is America I can throw a boomerang, have it hit me on the way back and sue myself and win.

    This is America. No one understands what the law means, not even the lawyers. It is all opinion. On any given day the law means whatever some one wants to make it mean.

  • Not a lawyer.

    Irreparable harm isn’t only when someone’s life is in danger. It can be irreparable harm to someone’s reputation or to finances. Or it could be, say, a defendant with a history of running off to Australia.

    This is why it’s important to get a lawyer –ONE YOU PAY — to look at these things for you.

  • since you took down all the content there’s no question the motion will be denied. however, that doesn’t really get you off the hook.

  • 6. Tom Cullen: Real Estate Magnate
    July 9th, 2007 at 8:27 pm

    M-O-O-N! THAT SPELLS LAWN DARTS! LAWS YES!

  • Good to see you looking into this, but as others have suggested it sounds like you need a good attorney. Take it seriously and you will hopefully be able to get it sorted out quickly. Although, I think this court appearance could be the first of many. The price of fame! Wear your best suit and you might want to get a haircut if you have to appear before a judge.

  • Dude–get a lawyer. It isn’t worth risking. You should always take any legal threat very seriously because even if you are right you might not win.

  • Hey Kid;

    “I don’t know about you, but I sure don’t want to waste court’s limited time and resources…”

    I’ll bet you don’t, hobbit. I’ll bet that you don’t want to go anywhere NEAR a court of law.

    Too bad that the court will determine what is or is not a waste of its’ time…not you.

    And too bad that you’d have to show up and take the oath to explain why YOU think it would be a waste of time.
    Not too good an idea for you to take the oath to tell the truth where you get slammed with perjury for “gray areas”.

    “5. Will hearing the matter on shortened noticed notice solve the immediate problem?”

    What’s your monthly “burn rate” kid?

    Is this yours alone,or are you dragging others down with you into your black hole of debt?

    Are any of these other parties,(whom we know to exist), making any effort to pay these debts?

    We’re pretty sure that YOU’RE not.

    I would think that some kind of emergency judicial action would be necessary to stop the results of your misconduct from putting others any deeper into the poorhouse than you’ve already sunk ‘em.

    Compounding interest computed on a daily or monthly balance,y’know?

    This is a fascinating post, hobbit. I gotta hand it to you.

    You’re fixin’ to get hanged but are all wrapped up in reading the gallows’ instruction manual…

    You’re toast on the issues, and you know it, so you’re displacing by focusing on the mechanism.

    Don’t forget to rub your “lucky trash can”,(you know the one), before you enter Sauron’s Tower, if you even bother going in there for THIS round.

    Take some pics for us, whether you show up or not.

    Oh…and no hard feelings that you turned down my helpful offer last thread.

    You’re doing just fine without MY help, ain’t ya?

  • 10. lawnmower man
    July 9th, 2007 at 8:36 pm

    waste tax dollars

    *snork*

    You’d have to pay some tax dollars first.

  • Yup, you did five minutes of Google research. the question is if you also understand all of the law that is related to the Ex Parte Motion and the complaint that is before the judge. The important part is the complaint that Mark has filed with the judge.
    There are two ways to deal with any court case: Procedurally and the content of the case. You would be wise to deal with both parts. The judge may just say- “this is not worthy of Ex Parte, refile as a standard civil suit” Then you would have to deal with the suit anyway.

  • 12. HungryBear
    July 9th, 2007 at 8:47 pm

    It can be used to freeze assets. I almost had it used against me in this way, and I have used the threat of it against someone else (with an attorney, not pro per).

    I also personally know someone who successfully froze $500,000 in one of these actions.

    Even so, I think Mark will lose because (i) he has no case and (ii) he does not have the mental ability to argue his case even if he had one.

    If you can’t get an attorney in time I would just show up and state emphatically that you do not owe Mark any money.

    Good luck.

  • Casey,

    This lawsuit might turn out to be a blessing. If you intend to become a businessman then you’ll probably spend ’significant’ time in court. This is a BS lawsuit and I think your chances are greater to win than to lose. So this might just be a good learning experience for more serious lawsuits. Remember to play the podcast recording to the judge where Mark Sh!thead threatened to rip your throat.

    One quality you have which the Haterz don’t have is that you keep your cool during arguments. This often let you look good compared to the Haterz (Mark Dickh@ed’s aggression is a perfect example).

    Good luck!

  • I hope your lawyer will help you document any sexual harassment or other dirt you may have on your stalker, er, adversaries. For sure file harassment charges.

  • Sorry casey,
    Even if you win, this is just the start of a Hill o beans, ball o wax, can o worms, if you will.

    you should have just done what duane wanted you too and you’d be about half way out of this instead of further in and single.

  • It was good seeing you Casey in Australia. I just got back into the States, and should be back in California in a couple of weeks. Anyway, I just came across an interesting article on cnn.com. Just like you predicted Casey, it has started to happen… the glass wall is beginning to crack. I’m sure we will be seeing a record amount of foreclosures over the next year. Your timing couldn’t be better with this blog. Just check out the following link:

    http://money.cnn.com/2007/07/0.....tm?cnn=yes

  • http://money.cnn.com/2007/07/0.....2007070612

  • Hi Casey, I have a question for you…. We are thinking about buying a second home in Salt Lake City. I am wondering if it might be a good idea to wait for a while and see what happens with the market. I am sensing that house prices are going to be dropping all over the place, and there will be a record amount of foreclosures over the next year. Do you think it would be better to wait, or to get into something right away?

  • 19. Geektoendallgeeks
    July 9th, 2007 at 9:33 pm

    Re: “If you can’t get an attorney in time I would just show up and state emphatically that you do not owe Mark any money.” - HungryBear

    Case closed! Well thank you… Matlock! Please, STFU.

    Casey, you made posts that were slanderous against MV. The fact that you’ve removed them in the past 24 hours at the recommendation of an attorney does not help your cause. In fact, it may very well work to your detriment.

    Even though MV agreed to help you “pro bono” he had significant interests in doing so whether you were aware of them or not. Ones that would have worked at creating a greater reputation for him which would have lead to increased financial gains. You entered into a contract with MV, if it wasn’t in writing, it was definitely verbal. (But it was documented on your blog via a guest post by MV.) He expended time and resources to help calling and speaking with your creditors. There’s no dispute that he was not holding up to his end of the bargan. However, you failed to live up to your end of the bargain. You made it impossible for him to do his job, thus killing any chance for him to achieve his goal. Since you broke the contract, you are on the hook for all costs MV had while working on your behalf. Again, yes, MV agreed to help you out for free, however, that was contingent upon him and you actually resolving the debt issues.

    Look at it this way, the same scenario above, MV agrees to help resolve your debt issues, you submit all your information to him and he works on the issues for a few weeks. Then, MV decides break the agreement and drop you as a client leaving you alone in the wind. Wouldn’t you be pissed? Wouldn’t you demand recourse?

    Sure you would.

    But you’d post about it on your blog asking someone to help you.

  • Casey,

    Be careful with self help. While it is certainly good to be in the know, the legal system is not a place to go it alone.

  • Casey,

    I dislike you intensely. I think you’re spoiled, out of touch with reality and probably have the biggest sense of entitlement of anybody I’ve ever come across. You also display extremely bad judgment, as evidenced by your inevitably brief, worthless associations with a parade of losers (to say nothing of your foreclosures, debt and m****** situation).

    This particular wacko’s pathological obsession with you is great in that it probably will cause you some genuine grief, but he needs to stick to digging up dirt. His writing is barely comprehensible pseudo-legal garbage. Yes, you have to take his suit seriously. Yes, there’s some minute chance he could win some kind of legal victory against you (but not at his, as you aptly described it, stupid ex parte hearing). But he’s clearly not using a lawyer, and he’s clearly an idiot.

  • 22. vinceTHEidiot
    July 9th, 2007 at 9:50 pm

    Vince — that famous coffee case you are making fun of — the woman suffered 3d degree burns on her pubic area. That’s a burn completely through skin to bare flesh. Think about how you’d like all the skin totally burnt off your c**k by a product that was known to be dangerous (McDonalds had settled scores of other suits and kept its coffee at some ridiculously hot temperature besides all the prior warning). So anyway, that coffee case everyone jokes about was based on a company intentionally passing out unreasonably dangerous products, i.e., coffee hot enough to cause 3d degree burns. IMHO, the American justice system did right by her.

  • I thought yesterday’s message was you were going to quit blogging about the lawsuit?

  • 24. this site is a wacko magnet
    July 9th, 2007 at 9:59 pm

    Lost Mittens is an unmitigated buffoon.
    But so are 95% of the others who post responses on this site.
    Please post the transcripts of the court case. I’m sure it will be better than Comedy Central.

  • On an unrelated note; you have a skyscraper banner to this Yaro Starchild character, and you are also paying him $50 a month for his services. What are you getting out of it? It doesnt seem like a very sweet deal for you, but wow, what a sweet deal for him.

  • 26. Crazy Monetized Algae
    July 9th, 2007 at 10:27 pm

    “completely through skin to bare flesh”

    Umm…isn’t skin bare flesh?

  • MMMMMMmmmmm. Did that lawyer tell you to remove all references from your site? Here you are making a post about the suit pulling it into the light of day again. This WILL NOT be seen as an act of good faith by the court, mocking the suing party but also the court. Anyone new to this site and does not know the story will be compelled to search, end up on a haterz site and get a skewed story that could be seen as more damaging making your lawyers advice null. If someone had a gun pointed at your head, but they had no bullets, would you offer them some??? Better to take the lawyers advice, advice lawyers always give without fail, shut up!

  • 28. JohnDiddler
    July 9th, 2007 at 10:35 pm

    the excitement is palpable!

    it is not wise to give LMP a point-by-point explanation of what the judge expects to see. Don’t you agree this is unwise? Yet this is precisely what you did here.

  • Sounds like this guy is definitely wasting the court’s time. Casey, keep at it. Soon you will be able to inspire a lot of people who have given up on their dreams or want to give up. Regardless of what people say, you definitely have what it takes to become successful. Most people don’t realize that the ones who have are successful are successful because of their failures. The haterz should go read “Failing Forward” by John Maxwell. “CASEY THE COMEBACK KID”. Got a good ring to it. Keep your faith in the Lord Casey. He is known for making water into wine. God bless.

  • 30. Bubba Brigham
    July 9th, 2007 at 10:39 pm

    Are you pulling an all nighter at a local Starbucks? Did you break curfew at the local homeless shelter?

  • So what are your plans on this matter?
    http://www.icantsellmyhouse.blogspot.com/

  • Number 18 is asking your opinion about the real estate market in Salt Lake City: Should they buy now or wait, given they think prices are still going down further?

    With all this legal wrangling and book writing, I’m surprised anyone would ask for your current read on the real estate market.

    And please note, I’m not in anyway a haterZ.

  • I suggest you show up and if you loose, say

    “Judge McMaster - NO DEAL!!!”

  • Counter sue for abusive use of the judicial system and harassment.

  • 35. Pete Zarria
    July 9th, 2007 at 11:11 pm

    I don’t know why anyone still thinks this lawsuit is even real. What is the case number? It’s all a hoax, there is no suit, there is no lawyer, there is no hearing, there is nothing. It’s a smoke and mirrors game all the way to drive up traffic. I call shenanigans on this whole topic. Now post the truth and all will be forgiven.

  • Casey - you and 7 others have been tagged. We needed the world’s most hated blogger to add a little flavour. Just have a look at the blog. You are listed after a few others. May even be fun and a distraction from your challenges.

  • Although, I think this court appearance could be the first of many. The price of fame!

    I think you’ll find the last word is spelled c-r-i-m-e.

    Also, it’s probably a good thing that Casey never takes advice from anyone, since it would be an extraordinarily stupid idea (even by Casey’s standards) to initiate a countersuit against LossMitPro, as some have been suggesting - or indeed any other kind of legal action. I’ve already cited the Oscar Wilde and David Irving examples of why this might backfire spectacularly.

  • Lmp: I am hear because Casey owes me compensation for an agreement we made. Casey got into trouble by becoming involved with mortgage fraud and I was going to get some of those profits.

    Judge: So you were aware That this man was profiting from mortgage fraud and did nothing to stop him.

    Judge: Mr. Serin did you commit mortgage fraud and try to profit.

    Casey: Yes and no?

    Judge: Case dismissed. I am refering this to the DA and demand a follow up in one week. Next.

  • 39. Aussie trip yellow sport car
    July 9th, 2007 at 11:24 pm

    @blah
    “What car was that yellow sports car you’re appreciatin’ in the pic?”

    blah: “Looks like a Lotus Elise (or related model) to me”.
    ************

    Yes! Found it on Wiki — it’s a Lotus Elise (Series 2).

    thanks,
    UncleC

  • Svetogorsk, I don’t think you are a very good lawyer.

  • 41. casey is a fliptard
    July 9th, 2007 at 11:37 pm

    Casey, I have a new name for you:
    HWAL

    Homeless
    With
    A
    Laptop

    :)

  • #23 - Glad I wasn’t the only one to notice that Casey is now in “lawyer”-ignore mode. A whole one whopping post to go back on this “I’m not going to talk about the lawsuit” edict.

  • You have validated everyone who believes you are as dumb as the day is long by posting this–or anything–about your lawsuit before the matter has been settled.

    Par for the course though, so at least you’re consistent.

  • #22 :

    People should be held accountable for their actions.

    If placing a cup of hot McDonald’s coffee between my legs while driving a car is a good idea, then it if the coffee spills and burns my skin why is it McDonald’s fault?

    ASW : leverage.

  • Casey,

    It looks like you dodged the bullet, you’re still on the first page of Google. No matter, data refreshes happen on a regular basis so I’m going back to my original prediction that Wednesday is where you tank.

    It’s pretty obvious you don’t have the slightest clue about ranking, but it’s interesting to watch how your flailings change the SERPs.

    So, you need an SEO-marketing person? Do you offer money, or just a link from your “damaged goods” blog?

    Any SEO who knows what they are doing wouldn’t touch you with a ten foot pole, there’s too much downside. So, you’re stuck with hacks and cheap a** link sales.

    So what are you left with? Being a cheap link w**** who’s getting older and less attractive every day.

    Do you post this, or do you decide it’s too close to the truth for you to post? Be interesting to see how “organic” you can let things be.

  • You’re going to win this one Casey. And it’s driving the haterz nuts. Hire a lawyer. Hire a lawyer. Hire a lawyer.

    I’ll wager $50 this gets dismissed within an hour. Any takers?

  • aaack!!

    Well, it certainly looks like things are getting interesting!

    Good that you are getting some legal advice. I can’t wait until the judge tosses LossMitPunk’s lawsuit outta the courtroom. Like he needs IMMEDIATE relief from all the damage you are doing to his business and reputation… what a nimrod.

    Others could be right, though, in that this could be just the initial legal issues you are going to have to deal with. Ignore everyone who berates you about profiting from a crime - you haven’t been convicted of anything. I’m not saying you didn’t break the law, but until you’re convicted you are technically innocent.

    My opinion is that the quantum of loss suffered by each of your lenders is so small as not to warrant any legal action. It would cost them more to litigate than they could ever hope to recover.

    If you ever get out of this mess … and you will, if you play your cards right … you better straighten up and fly right!

    thpptt!!!

    S_t_C

  • The Mcdonald’s settlement represented 1 week of coffee sales. It didn’t put much of a dent in the bottom line.

    Forget about the coffee though. Anyone had one of those apple pies back in the 70’s? Those things were like napalm if you ate them right away.

    Anyway, oh yeah MV, who cares? He burt himself - didn’t need any help for it either.

  • Well so I guess it’s all good.
    Good luck.
    ;-)

  • 50. OneOfTheLurkerz
    July 10th, 2007 at 2:20 am

    Not too long ago a New York judge tried to sue a drycleaning place for $65 million for allegedly not returning his pants. The judge might have been legally in the right to demand that amount, but he was still laughed out of court.
    Mark’s case seems similar. He might be entitled to whatever he’s suing you for, but I have a feeling he’ll be laughed out of court too. Plus his argument for Ex Parte hearing seems sketchy at best. I bet doing this Ex Parte thing for no good reason is one way to piss off a judge.

    asw: lawsuit

  • Yes! Found it on Wiki — it’s a Lotus Elise (Series 2).

    thanks,
    UncleC

    No worries mate!

    The Elise is a cool little roadster and quite popular in London. There’s one parked around the corner from my house. Fun to drive and not that expensive.

    One day, it will be fine. Oh yes, it will be! :-)

  • I don’t get why there are so many vultures circling around Casey. Duane, Mark, that lady with the ridiculous contract. So what if Mark won? All he’d get is a sorry, Casey’s bankrupt, thanks for your troubles letter. Why would you sue some fool with no cash? I don’t get any of this. Nothing that occurs anywhere near the orbit of Casey makes any sense.

  • Casey…sell the judge a damn house already. It would make this litigic wrangling much more interesting.

  • “I sure wouldn’t want to place extra burden on the courts and waste tax dollars on anything other than that. ”

    Don’t worry, none of your own tax dollars are going to be wasted seeing as you choose not to pay any. This lawsuit has you disturbed enough to do 5 minutes worth of internet research. Which of course is a lot of work for you. You must be sweating buckets.

    “I don’t know about you, but I sure don’t want to waste court’s limited time and resources…”

    You could care less about wasting anything so long as you consume it and others provide it (see “needs” list). I guess you would define any court action against yourself as a waste though.

  • 55. DC Economist
    July 10th, 2007 at 5:06 am

    Wow Kris,

    Just like Casey predictd…and the whole gosh darn housing bubble blog community, and Mr. Legate’s business…

    Oh yeah, Casey is samrt

  • 56. DC Economist
    July 10th, 2007 at 5:10 am

    And speak of rules and stuff, now that you like them, i guess you didnt like them when you lied on your loans and whatnot

  • Casey .. since you continue to talk about all the SWEET deals you are working on … ie more fraud and scams … a court could look at you as an Immediate Threat to society given your history of ADMITTED FRAUD …. Id be very careful here if I were you …. an attorney representing you is the ONLY WAY TO GO … you probably wont take that advice as it will cost you money …
    But I would guess there are several people on this blog that could make a pretty compelling argument you are an IMMEDIATE THREAT to society and a FLIGHT RISK ….
    yes … I suggest you consider this as being pretty serious.

  • getting legal counsel is a good idea, but getting prepped before you meet them, like you are doing is a good idea. Lawyers just like doctors are not infallible. No one has a greater interest in you, than you.

    good luck on your suit.

  • 59. Agnostic Poster
    July 10th, 2007 at 6:25 am

    Casey,

    Why are “doing research on your own”?

    Just yesterday you said:

    “I’m just going to ignore the whole non-sense for now”

    and

    “for now I will choose to focus on taking care of my financial problems instead”.

  • Mark is pinned down. You have lots of contacts.

  • @34

    case number 07AM06649

  • If only you had done similar due diligence towards so many of your other issues in life.

    asw: lawsuit

  • Hey kid:

    Don’t bother with getting a lawyer…it would be a waste of money,(that you don’t have),and the lawyer’s time,(which is a valuable commodity).

    See, hobbit, it would only do you any good if your lawyer was competent and honest…and any lawyer who is both wouldn’t touch you, but also you’d need to follow that attorney’s advice to a “t”.

    IANAL,but if I was,and by losing some wager, I HAD to represent you, I’d handcuff you behind your back,make you wear a ball-gag and keep you on a leash in someone’s basement…for the good of your case.

    Since you’re not likely to find an attorney to do that for you, don’t even bother with it.

    Face the Dark Lord Sauron by your lonesome.

  • jail for you.

  • 65. Skin crawling
    July 10th, 2007 at 7:42 am

    Casey, There is something seriously creepy about the guy, I would ask for a restraining order. His interest in you borders on obsession. It almost seems like he’s doing this just to stay in your life. Avoid discovery at all costs or you’ll be seeing a lot more of him.

  • Casey:

    Have you thought about going to Law School?

    You can help people in forclosure.

    P.S. How about an update of the spreadsheet (with the Cash Call default interest rate I bet that alone is up to $200K)…

  • Hey, KC -

    Rumors out there on a couple of haterz sites say you’re the one behind the RCS website.

    Care to comment?

  • Casey…I have to agree with others who have posted on getting your own attorney. Courts and Judges consider it an insult if you represent yourself in court. Other lawyers do as well. You are nearly 100% guaranteed to lose any case without your own lawyer.

    Also, have you actually been sued? I know creditors do not waste time on people who are out of work with no means of paying debt back by suing them.

  • Casey:

    Have you thought about writing a children’s book?

    You can call it “Casey and the Blue Ball” and teach kids lots of life lessons.

    1. Go to College
    2. Don’t get married young
    3. Don’t got to RE Gurus
    4. Don’t get family members in financial trouble
    5. Get a haircut

  • 70. Pete Zarria
    July 10th, 2007 at 8:34 am

    Wow, so there is an acutal case filed in the Sacramento Superior court system. What a waste of time and resources. I guess the Plaintiff, who is representing himself, did not do too much research on the term “frivilous litigation” before getting the case filed on 7/3/2007. Just another sad abuse of our court system, and people wonder why things end up costing more.

  • It could be that the court WOULD agree that emergency relief is warrented. After all, by your own statements you are making somewhere around $3000 or more per month from this website, and aparently spending it all as quickly as it comes in.

    It could also be argued that the income from this website is a DIRECT RESULT of your illegal actions of mortgage fraud, mail fraud, or other criminal activity.

    If the above two statements are true, then the “Son of Sam” laws kick in and you aren’t intitled to that money. If the court doesn’t act now, irreperable harm is that you will have spent all the money and won’t be able to provide it if ordered to do so.

    Finally, add in your “Upcoming Book” which I doubt anyone would buy, but if you do make money from that it will be in the same category with the website income. Money to which you are not entitled (by law) and which you likely will have spent if this case goes through normal court channels.

    Good luck in court. You have a shot. It just depends on what the judge thinks.

  • @Judge,

    I’m glad I’m not the only one that sees the irony in Mark’s actions here. I mean Mark did indeed try to enter into an agreement to profit from Casey’s story as far as I can tell. Mark full well knew the details of it. So in that case and point, Mark thought it was permissible and acceptable for Casey and himself to profit from this situation.

    So why is it suddenly so wrong that he needs an emergency injuction to stop it.

  • @Sac Realtor

    Law school?

    Are you forgetting that he would need to complete an undergraduate degree first?

    Do you really think Casey is capable of the kind of Massive Focused Attention™ necessary to go through 6 years of college?

  • Hey kiddo, I see you’re updating your comments more frequently. Nice.

  • Hobbit, this obviously needs to be explained to you once again. You have committed crimes, at very least multiple counts of mortgage fraud, wire fraud and mail fraud. Mark is going to go in front of a judge, outline your crimes and provide evidence of them. These are crimes that you have admitted committing, you do remember saying in one of your talkcasts “I committed mortgage fraud”, right?

    Do you honestly think that the judge is just going to let that go, look into it, or take any action on those crimes?

    You said you talked to a lawyer, did you fully explain that you, gray area or not, committed mortgage fraud, wire fraud and mail fraud and that Mark has proof of those crimes including audio recordings of you detailing and admitting to those crimes that Mark intends on relaying to the court?

  • 72 AJ:

    “So why is it suddenly so wrong that he needs an emergency injuction to stop it. ”

    The Fliptard’s debts are not just his own, ace. California is a community property state,see?

    Every day,every month that those bills go unpaid,the interest rates compound,and the amount that must be repaid grows greater and greater.

    If the Hobbit has any source of income,especially since he refuses to get a job, and he is not repaying those debts, that source of income,or those funds, should be removed from his control and placed with the other parties at risk from his actions,sothat they can begin to repair the damage that Caseyroo has done to them.

    And, although IANAL,I wouldn’t be at all surprised if LMP’s agreement was as much with one who may not be named as with Cashback.
    That “community property thang” again…

    Do you get it now,chum?

  • Wow Casey! You have a lot more supportz on now. Is this a heavy handed moderation that is just skewing the results or have all the haterz gone to other blogs?

    Still neutral,
    April

  • What if we created an internet hive mind to gove legal advice to Casey? Collective wisdom of thousands of urban professionals… and then he would win the case and we would all be pseudo-famous when CNN covers this!

    Or maybe he would end up in jail. Whatever - it works for me either way.

  • You and Mocha should sue lossmitpro. Those people are azzholz. Live by the lawsuit, die by the lawsuit. They should be incarcerated for frivolous lawsuits.

  • #50 - The pants case involved a judge from DC, not New York. And despite its lack of merits, the case still went to court.

    Regardless of what anyone thinks about the merits of this particular case, I don’t believe that today will be the end of this particular legal action.

  • Everybody is making good points. I’m also pretty sure that the judge would be interested in hearing about Mark’s public threats on the Fraudcast.

  • 82. lawnmower man
    July 10th, 2007 at 10:30 am

    So Casey: the complaint is presumably public record by now. Are you going to publish a full copy so the peanut gallery can see what it’s all about?

    FWIW, as Sputnik’s comment suggests, even amongst the haterz opinion is very divided on the validity of Villasenors case, his ability to prosecute it, and his ill-advised public meltdown at you.

    Good luck.

  • 83. Dread Pirate
    July 10th, 2007 at 10:30 am

    This lawsuit is such a load of crap that only someone like Casey could possibly “loose” it. So I really don’t know how things are going to turn out. I do know that Lostmitten’s supposed moral high is also a bunch of crap. As others have pointed out, he had no problem with Casey’s criminality when HE was going to profit off it. He didn’t profit, so now he’s throwing some girlish hissy fit. Morality is just a convenient excuse, just as it is for Casey.

  • 84. lawnmower man
    July 10th, 2007 at 10:34 am

    How about an update of the spreadsheet (with the Cash Call default interest rate I bet that alone is up to $200K)…

    Casey promised this on the talkcast: “you guys can hold me accountable on this blog that by the end of this week I’ll have an updated spreadsheet.”

  • Man, I just can’t get to sleep.

    Let’s see……..here’s Casey’s Blog.

    It seems a little boring, but I…………………..zzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzzz

  • 86. I can't believe I'm posting a comment
    July 10th, 2007 at 11:08 am

    Sac Realtor
    July 10th, 2007 at 7:45 am
    Casey:

    Have you thought about going to Law School?

    You can help people in forclosure.

    ***

    Casey would first have to get a college degree. He skipped that step on the way to sweet success, remember?

    To lots of the posters:

    I’m constantly amazed at how so many people think that watching TV qualifies them to comment on the law. What YOU think is “an emergency” or “an emergent situation” really has very little to do with the way the law actually works. Mark DOES have standing to petition for injunctive relief. What none of you seem to understand is that there is no “right” or “wrong” in the law - it’s all about whether or not you can make an argument for your position that is supported by existing law.

    I’m not even bothering with Casey, because he can’t afford a lawyer anyway. The whole advice (and it’s advice, not advise, advise is a VERB) from the “guy who used to be a lawyer… and a judge!” thing is laughable. Either it’s made-up or the fellow was disbarred for some sort of unethical or otherwise unseemly conduct. I’m guessing the first, because you actually have to be accomplished to get to be a judge, and Casey doesn’t really hang with accomplished and well-connected people. At least not for very long. How would he even know such a person?

  • Your concern not to waste the court’s time and resources is touching.

  • 88. lawnmower man
    July 10th, 2007 at 11:18 am

    Casey is not the only one named in the complaint. What is MXXXX SXXXXXX doing about it?

  • 89. James_Marks
    July 10th, 2007 at 11:54 am

    Casey, I wouldn’t worry at all about Mark and Duane. I’d worry about Mark and Duane exposing your “shady” deals to a Judge, though.

    It’s all good! Win-Win!

    Not.

  • I predict the judge will hit Mark on the head with his gavel.

  • I Can’t Believe:

    “Either it’s made-up or the fellow was disbarred for some sort of unethical or otherwise unseemly conduct. I’m guessing the first, because you actually have to be accomplished to get to be a judge, ”

    That isn’t the opinions of some of the attorneys of MY acquaintance…among them is one who sued a sitting US President and won.

    If judges were “all that and a bag of chips”, they’d be practicing law and making sweet billable hours.

    Oh…btw,the a** -clown who sued the dry cleaners for 57 million for his lost slacks?

    An Administrative Law Judge.

    This is true…look it up.

  • I am a real lawyer (for twenty years), the odds of getting ex parte injunctive relief on something like this are slim to none, if it can be compensated with damages it doesn’t get relief (when considering this the judge doesn’t take into account whether the other party can actually PAY the damages).

    These kind of cases are appropriate in some domestic violence cases, i.e., husband’s best friend calls wife and tells her “Luke just told me he bought a .357 and he’s fixing to kill you!”

    Okay in that case it is appropriate, cause you can’t make up for someone being dead or seriously injured with damages.

    Wannabe lawyers on this site need to bone up on remedies.

  • I wouldn’t go trying to buy subprime mortgages at this point:

    The S&P just started down grading its subprime funds to junk and will be reevaluating all of its related CDOs and funds with a new methodology. Expect prices to continue collapsing and foreclosures to accelerate as people cannot refinance.

  • Well? Did you go? What happened?

  • 95. DC Economist
    July 10th, 2007 at 1:24 pm

    Hey, You keep deleting posts! You do know about google-cache right Mr. Blog Extraordinaire?

    Every single post you made, I have. Categorized, Verified, and ready to ship to anyone who wants them.

  • Sac Realtor

    Forget about the fact that law school is even more difficult and time consuming than taking trash bins to the curb, a task Casey was only “about 75% successful” in accomplishing. To be admitted to the California Bar, one must pass both the Bar Exam and a massively-focused moral character examination which, in my opinion, would prove insurmountable to Casey.

    “In making its determination whether an applicant presently possesses the good moral character necessary for admission to practice law in California, the Committee considers evidence of candor and honesty, respect for the law and the rights of others, fiscal responsibility, and records of fidelity and trustworthiness in other professions for which he or she is licensed. Recommendations and comments from present and former employers and references supplied by the applicant are considered. Fingerprint cards are sent to the California Department of Justice or the Federal Bureau of Investigations for processing. The Department of Motor Vehicles is contacted. Information provided by the applicant, by the law schools, and by other outside sources is verified and studied.”

    Sounds like a Snowflake’s chance in hell to me.

  • Will you be driving the Vdubs to the hearing?

    Will the Publisher and Mark square off to see who can be the most angry?

  • 98. Bloggy McManpurse
    July 10th, 2007 at 2:08 pm

    The man who acts as his own counsel has a fool for a client. Can’t remember who said it, but I’m paraphrasing it mightily.
    Casey, that person using hte monikker Sharky is very much correct: given the likely outcome, a lawyer is money you don’t have. When it moves to criminal charges, you can have one appointed for you anyway.

    BUT do not take this to mean that your Do It Yourself approach is the right way either. It is wonderful that you are researching this matter, never hurts to know what you are up against. BUT the courts give the judge a power known as discretion …they can decide what the letter of the law means. Your definition of irrepairable damage and what His/Her Honor might consider irrepairable damage could be polar opposites. So while I commend you for taking a realistic look at what you’re up against, the law is no place for you to attempt to navigate on your own. It couldn’t hurt to consult with someone who has a legal background because, as the good MR Sharky stated, it wouldn’t help you much anyway.

  • 99. LostMittens
    July 10th, 2007 at 2:24 pm

    @ 86. I can’t believe I’m posting a comment
    “Casey would first have to get a college degree. He skipped that step on the way to sweet success, remember?”

    Not in California. All you have to do is pass the bar exam. There are several unaccredited law schools in Sacramento that operate for the express purpose of preparing people to pass the test.

  • I have read through the last several posts, about 400+ posts and I cannot find anything related to helping me with foreclosure.

    What is this web site about?

  • 101. Jail For Casey
    July 10th, 2007 at 4:10 pm

    Casey is in jail now…

    FINALLY~~~

  • 102. HungryBear
    July 10th, 2007 at 5:01 pm

    The www.ml-implode.com website owner is being sued. Sounds frivolous.

    http://ml-implode.com/viewnews.....atrick.net

  • Has anyone gotten copies from the courthouse and scanned them yet?

  • 104. I can't believe I'm posting a comment
    July 10th, 2007 at 5:33 pm

    Shark:
    “you actually have to be accomplished to get to be a judge…..

    “If judges were “all that and a bag of chips”, they’d be practicing law and making sweet billable hours. ”
    ****

    By “accomplished” I meant someone who has put time into the profession at the very least (and hey! put time into getting the education and training needed to be an attorney). The accomplishments of many judges may be dubious, but, well… they exist. Not some 24 year-old poser man-child who likes to pretend he’s a businessman. I don’t think many professionals hang out in Casey’s circle (exhibit A: Marty).

    As to the numerous questions about why he took down “Not welcome home” and “marriage counselor” from the “needs” section - I have a theory: I was one of several posters who pointed out that this could be construed as inviting the whole internet to meddle in his marriage (specifically begging for a marriage counselor).

    He still wants a sweet laptop and phone with unlimited minutes, though.

    A pony was not specifically requested, but he’d probably take it, especially because it’s not likely someone is going to give him a car.

    NO CATS THOUGH!!! Casey doesn’t like cats.

  • 105. James_Marks
    July 10th, 2007 at 6:15 pm

    Hi Casey,

    So you have a TRO possibly in your future. July 20th is your date, right?

    So, tell us. Will you hire a lawyer? Will you defend yourself? What do you think now about this whole deal? You actually have to do some work, you know. Now it’s the time you need to prove to the judge you aren’t full of it. Good luck with that, BTW.

  • DC Economist is probably R-Boy. He’s a gynecologist for the FBI. Get back to work slacker. I hope DC goes belly up so you can scrub toilets later in life and know what it’s like to do an honest days work instead of licking the fascist boot for a pension and harassing young men that you have a crush on.

  • 107. Uri Poopmonger
    July 10th, 2007 at 6:23 pm

    What, no countersuit yet?

  • 108. BuddhaKhan
    July 10th, 2007 at 6:26 pm

    Casey,

    I couldn’t really care less about your current legal problems (yawn - like reading a really boring, ill-informed legal brief) but I did want to comment on the advice of your Serial Entrepreneur from a few days ago. S/he stated “only 1% of the population gets rich doing W2 jobs the other 99% live middle class or worse. most of the wealth is self-made and it’s the right way to go even if it means being risky.”

    To begin with, 1/100 odds of getting rich by working a “W-2″ job seem pretty good to me. But the Serial Entrepreneur misses a very important point: while creativity, timing and willingness to face risks are important, so is HARD WORK. Ask Bill Gates how hard he worked to get MS going. Michael Bloomberg started as a clerk at Saloman Bros and made sure to arrive before and leave after everyone else until he got noticed and made it to where he is today. Ask a king of “passive income”, Warren Buffet, how hard he worked to get in his current position. Michael Dell. The guys at Google. I’m sure that any of them will talk of crazy hours and tons of work to get things going. Or ask anyone at an investment bank or a partner at a law firm how many hours a week they have worked to get in their current position. For the last two, I know from personal experience that success at those “W-2 jobs” (and the associated big bucks) involve 80+ hours/week, holidays away from the family (this may not be an issue for you given recent developments), and so on.

    The problem with you and Serial Entrepreneur is that you’re looking for short-cuts. Passive income is not a means, it’s an end. You do not get rich through “passive income” schemes, you get rich by working hard and being good at your job (alas, you appear to be lacking on the latter front in your recent forays, altho this blog, for better or worse, is killer for you.) A W-2 job does not mean working at a McDonalds (altho in your case, I’m not sure if you have any other qualifications.) And it is true that those who success in any profession will have creativity, initiative, etc. (which, admittedly, you display in odd ways.) But that is not enough. You also must work hard. Meet your obligations. Show dedication. And so on. The attitude that you currently have is one associated with the lottery - sure I can strike it rich by taking on risk and being “creative” by picking certain bets at the track. But there are thousands of people out there willing to take your money since, at the end of the day, those are sucker bets.

    Most people will not become rich, that’s a fundamental, lamentable fact of life. But outside of those who are inordinately lucky (e.g. lottery winners or those who stumble upon “can’t miss schemes” that yield 5%/month), almost everyone who does become rich works really hard to do so. Don’t work 40 hours/week. Get a job at a bank, investment firm or web company and work 80 hours/week (that’s what my friends in law firms, at Google and at Microsoft do.) Working hard in that fashion in those types of professions is much more likely to make you rich and allow you to eventually lie back and relax than gambles on all types of crazy schemes.

    Just my two cents.

    Mark

  • HeyKid;

    You didn’t show up, did you?

    Didn’t think you would…oral arguments aren’t entertained at an ex-parte, and you aren’t in possesion of your paperwork anymore,(you DID read your own cite in its’ entirety, didn’t you?…’sallright…get back to me on that).

    You didn’t rub your lucky trash can either,huh?(I know…you’ll think about that).

    Well,hobbit…the Dark Lord Sauron apparently will await your presence on July 20th…don’t bother to wear a clean loincloth, it won’t stay clean.(yeah…you’ll be 0% succesful in maintaining the watertight integrity of your bladder).

    And all these “lawyers”, (real and imagined), who told you this matter would be tossed out of court?

    Watch ‘em all put on their “magic rings” soon and disappear…especially in that courtroom…you’re gonna be alone,kid.

    Hey Toby…you back yet? How was the “komment koolie vay-kay”?

    Did you get a tan?
    Get drunk?
    Get laid?

    Good on ya!

  • 110. What's up?
    July 10th, 2007 at 6:50 pm

    How can you blather on about giving value to your sweet link clients if you can’t be bothered to come out ahead of your competitors?

    Why should anyone come here if they know you will only react to bombshell information put out by other sites?

    You need to MAKE the news not just lamely react to it.

  • Casey,

    whats up dude!!!! what happened? whats the deal with Mark?

  • #
    99. LostMittens
    July 10th, 2007 at 2:24 pm

    @ 86. I can’t believe I’m posting a comment
    “Casey would first have to get a college degree. He skipped that step on the way to sweet success, remember?”

    Not in California. All you have to do is pass the bar exam. There are several unaccredited law schools in Sacramento that operate for the express purpose of preparing people to pass the test.
    ~~~~~~~~~~~

    Wrong!

    Before you can go to any of the unaccredited law schools, you have to have at least two years of college. Then you have to attend the law school for four years. (After your first year, you have to pass the “Baby Bar.”) THEN you can sit for the bar. You can even do the schooling it via correspondence, but you still have to do it for four years.

  • 113. Visit Casey
    July 10th, 2007 at 7:50 pm

    Which Jail? I want to visit him

  • 96. Editor said: “Sac Realtor Forget about the fact that law school is even more difficult and time consuming than taking trash bins to the curb, a task Casey was only “about 75% successful” in accomplishing.”

    Sure Casey has had problems with things like taking out the trash, getting the mail, getting up in the morning and finding a vegan diet without meat, but that does not mean that he can’t “fall forward” and go to law school.

    I bet he can ask his friend Mr. Kawasaki (with the rich Dad who owns the motercycle company) to pay for law school and he will probably help out (so he can write a new book called “Rich Dad Helpes Flipper Failure become a Lawyer”.

  • 115. Confuscious
    July 10th, 2007 at 8:01 pm

    Confucious say,

    “Man who out partners is man out of partners”

  • 116. I can't believe I'm posting a comment
    July 10th, 2007 at 8:01 pm

    @99 Lost Mittens

    Really!? That’s sort of scary.
    I knew there are numerous unaccredited law schools in CA (you can take the CA bar with a degree from one of these, but not the bar in other states. I think Virginia has some odd exemptions as well - I believe you can take the bar there without a law degree), but I wasn’t aware you could enroll in these without a degree. I thought you needed at least an AA degree, though I could very well be wrong about that.

  • #106 edgar:

    “…and harassing young men that you have a crush on.”

    Where,oh where did THAT come from?

    I think you just told us all a whole lot more about yourself than you did about dc economist.

    It’s okay, little cupcake, you shouldn’t be afraid to express your TRUE feelings for the hobbit.

    No-one will think ill of you for it,(much).

    And who knows? He might even be receptive toyou.

  • KB,

    as reported on other sites the judge didnt throw the case out. He set a hearing for july 20 for casey to show cause why mark’s TRO should not be granted. what snowflake is up to however remains a mystery. I wonder if he even showed up.

  • 119. LostMittens
    July 10th, 2007 at 8:53 pm

    @115. I can’t believe I’m posting a comment

    “I thought you needed at least an AA degree, though I could very well be wrong about that.”

    You’re correct, and I’m wrong.

    http://calbar.xap.com/Applicat.....efault.asp

    There’s a link there that goes to the education requirements.

    “A. Two Years of College Work
    To have completed two years of college work, an applicant shall have earned an Associate of Arts degree, Associate of Science degree, or at least 60 semester (90 quarter units) of college work applicable to a baccalaureate degree at a regionally accredited or approved school recognized by the Committee of Bar Examiners, with an average grade at least equal to that required for graduation.”

  • 120. Frank Rizzo
    July 10th, 2007 at 9:05 pm

    Casey, you’re losing control of your story. And in case you hadn’t noticed, your story is pretty much all you’ve got right now. Post an update already. All of those sweet page views are going to haterz sites.

  • I love you too Sharky. Wait a minute and I’ll blow you a kiss. ;-0

  • So Mark V. won, you lost? COOL!

    Do you feel like (as you call it) thumbing your nose at people still? Do you feel like making fun of the law like you have done so many times?

    At least, give us the reason why you thought you could get away with crime AND laugh and blog about it?

  • Casey,

    Under under normal circumstances, I think the law, FBI, supporters, haters and everyone else including me would be conpasionate about the crimes you made.

    BUT, because you have REPEATELY flaunted at the law, laughed about getting away with crime, even flaunting the FBI with going under the radar if they came looking for you, all I can say and hope for is the following:

    I hope, and I am not a hater by the way, but I hope and pray that the FBI throws the BOOK at you and that you pay really REALLY hard for not only the crimes you comitted, but more importantly, for you to realize that making FUN of CRIMES is a dispictable thing to do.

    You are only turning now because you are TRAPPED like a rat. Otherwise, you would continue. I never understood why the law is not lenient in certain cases and now I know why - because of people like you. You are only regretful because you are trapped. The law knows this and they are NOT going to let you get away with it any longer or easily.

    Hope you keep laughing at the FBI and the law like you have done so many times before because by now, seeing you repent is a joke.

    Oh yes, It’s REALLY all Good baby!

  • Hey Casey,

    You threaten before that you would may have to go “Under The Radar” as one of your options should things get bad legally. These were your own words.

    Since you have not posted a change of heart with this, as you still going along with this plan, of going under the radar? Another trip outside the states?

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