The Ninth Circuit has recently (finally) disposed of Orly Taitz’ appeal of Judge Guilford’s denial of her anti-SLAPP Motion, on the most pedestrian and meaningless of grounds (namely, that the potentially offensive or SLAPPING pleading had been superseded).
The case of Liberi v. Taitz is, I think, symptomatic of how sick a process litigation has become, or how bad it has become again. I never tire of quoting Isaiah 59, the key verse #4 of which is (in the Revised Standard Version), translated as 4 No one enters suit justly,
no one goes to law honestly;
they rely on empty pleas, they speak lies,
they conceive mischief.
The Old KJV Version (with wider context) goes:
3 For your hands are defiled with blood, and your fingers with iniquity; your lips have spoken lies, your tongue hath muttered perverseness.
4 None calleth for justice, nor any pleadeth for truth: they trust in vanity, and speak lies; they conceive mischief, and bring forth iniquity.
8 The way of peace they know not; and there is no judgment in their goings: they have made them crooked paths: whosoever goeth therein shall not know peace.
9 Therefore is judgment far from us, neither doth justice overtake us: we wait for light, but behold obscurity; for brightness, but we walk in darkness.
10 We grope for the wall like the blind, and we grope as if we had no eyes: we stumble at noon day as in the night; we are in desolate places as dead men.
11 We roar all like bears, and mourn sore like doves: we look for judgment, but there is none; for salvation, but it is far off from us.
12 For our transgressions are multiplied before thee, and our sins testify against us: for our transgressions are with us; and as for our iniquities, we know them;
13 In transgressing and lying against the Lord, and departing away from our God, speaking oppression and revolt, conceiving and uttering from the heart words of falsehood.
14 And judgment is turned away backward, and justice standeth afar off: for truth is fallen in the street, and equity cannot enter.
15 Yea, truth faileth; and he that departeth from evil maketh himself a prey: and the Lord saw it, and it displeased him that there was no judgment.
I am particularly fond of verse 11, the roaring like bears and moaning like doves—go to Court anyway, you can hear them all….
Anyhow, Liberi v. Taitz really is THE CASE FROM HELL (and no, I’m not talking about Orange County here—but that’s a relevant factor). I happen to think that Lisa Liberi and Lisa Ostella are two of the sharpest women I know. Lisa Liberi is definitely one of the finest law clerks/paralegals I have ever met. For Philip J. Berg’s courage and perseverance I have the utmost respect. He is what a lawyer ought to be—but he is also a victim of what the courts have become. I cannot imagine how many thousands of hours the plaintiffs have put into this cause since 2009. It seems to be a large part of their lives. I had initiated a suit against Orly and Yosi in 2010.
It was and remains grotesquely, hideously unfair and ironic that Judge Guilford would not allow Philip J. Berg to represent me against Orly, under exactly the same circumstances as Berg appeared (with Gary Kreep) on behalf of himself and the two Lisas. But on the whole I am kind of glad that (after refusing to allow me to have a lawyer) Judge Andrew J. Guilford allowed me a voluntary (Rule 41a) dismissal without prejudice, because one has to have an independent source of income to engage in a totally life-consuming lawsuit like this….. and I’d rather devote my time elsewhere…. I do not envy the Plaintiffs in this case one bit…. even though I think the Defendants deserve so much worse.
Here are the 66 pages of the docket of Liberi v. Taitz “a case that will live in infamy.”
On the slightly comedic side, however, Judge Guilford has CONDITIONALLY granted Gary Kreep leave to withdraw as (mostly inactive) counsel for the Plaintiffs on the grounds that he was elected a California Superior Court Judge for San Diego County… The idea of a Conditional Order seems to be/could only possibly be, so far as I can tell, that if ANY of Judge Gary Kreep’s clients object to Judge Kreep’s withdrawal from the case, then Judge Kreep will be yanked out of his robes and dragged kicking and screaming back before Judge Guilford IN THIS CASE???????