Letter to Judge Guilford seeking a leave to file antiSLAPP
Dr. Orly Taitz ESQ
29839 Santa Margarita, ste 100
Rancho Santa Margarita, CA 92688
03.19.2013
Hon Judge Guilford,
Defendants “Defend Our Freedoms Foundation”, Law offices of Orly
Taitz and Orly Taitz, inc are respectfully requesting a leave of court
to file a motion to dismiss the First Amended Complaint under the
antiSLAPP statute. 425.16
Previously this court denied the motion to dismiss the original
complaint in antiSLAPP and refused to give defendants a leave of court
to file an antiSLAPP motion to dismiss the Amended complaint. The 9th
Circuit has reversed and stricken the ruling by this court denying the
motion to dismiss the original complaint in antiSLAPP and remanded the
case to this court for further proceedings. This court requires a leave
of court prior to filing any motions, therefore a request for a leave of
court is being filed herein. This court has already granted Orly
Taitz, as an individual, a leave of court to file an antiSLAPP motion to
dismiss (strike) the FAC and currently DOFF, Orly Taitz, inc and Law
Offices of Orly Taitz are seeking a similar leave to file an antiSLAPP
motion. ”Motion to strike a state law claim under California ‘s
anti–SLAPP statute may be brought in federal court.Vess v. Ciba-Geigy
Corp.USA, 3L1 F. 3d 7091 , 1109 (9th cir. 2003). The antiSLAPP statute
was enacted to allow for early dismissal- “of meritless first amendment
cases aimed at chilling expression through costly, time consuming
litigation.” Batzel v Smith, 3331 F. 3d 1018, IO24 (9th cir. 2003). The
statute should be construed broadly, ” Cal. Civ. Proc. Code 5425.16 (a)
interpreted “in a manner favorable to the exercise of freedom of speech,
not its curtailment, ” Briggs v Eden Council for Hope and Opportunity,
19 Cal 4th 1106-1119 (1999).
For antiSLAPP motion to succeed following requirements need to be met:
1. SLAPP law suit was filed to limit public participation in free speech
2.Plaintiffs cannot meet the burden of probability of prevailing on the merits
1. Speech in question represented posting by Taitz, providing
supporters with truthful information that her old website was taken over
by former volunteer webmaster Lisa Ostella, who is currently working
with another attorney Berg, who in turn uses as his legal assistant Lisa
Liberi, who was recently convicted of 10 felony counts of grand theft
and forgery. This was a protected speech and had a great public value,
alerting the donors and supporters. The law suit at hand was filed based
on fraud, where Plaintiffs attempted to defraud the public and this
court and create an impression that Liberi was a different person, not a
convicted forger and thief, that posting of a criminal record defamed
her and Berg. The law suit was filed with an intent to intimidate Taitz
into silence. Additional intent was Berg’s desire to keep Liberi’s
criminal record under wraps, intimidate Taitz not to talk about it, as
Berge was being sued by the Disciplinary Board of Pennsylvania and
Liberi was his witness and alibi. (The board has already ruled that Berg
should be suspended from practice of law and Berg is appealing this
decision. Recently a motion was filed for the Supreme Court of PA to
render its’ decision.
2. The Plaintiffs cannot meet their burden of prevailing as this
court has already dismissed this complaint against most other
defendants, finding that Liberi was indeed convicted and all the
information came from public records and was entered into public records
by Liberi, herself, therefore there was no defamation and no invasion
of private information. Additionally the case cannot succeed as the
12b(1) motion
has not been adjudicated on the merits yet,
the case was filed on May 4, 2009 based on diversity of state
citizenship. Prior judge, Judge Robreno, ordered Liberi and Berg to file
with the court Liberi’s drivers license to prove diversity of state
citizenship and for four years Liberi and Berg have been in contempt of
court and never filed Liberi’s license and never proved diversity. For
that reason alone the Plaintiffs cannot meet their burden of succeeding,
and the case has to be dismissed, and Plaintiffs have to be severely
sanctioned for 4 years of contempt of court. Additionally, this case
cannot succeed on the merits against Orly Taitz, inc, as Orly Taitz inc
is a Dental office of Dr. Orly Taitz, who is both a dentist and an
attorney and there is no connection between the dental office of Dr.
Taitz and the dispute at hand. Additionally, Law office of Orly Taitz is
not a legal entity. There is no corporation or LLC or any other entity
by the name Law Offices of Orly Taitz. one has zero probability of
succeeding against the legal entity, which does not even succeed.
For all of the above reasons the leave to file the antiSLAPP should be granted.
Respectfully
/s/ Dr. Orly Taitz ESQ
cc Philip Berg (via e-mail)
cc Mark Colen (via e-mail)