I was at Los Angeles Superior Court today on a different case. I watched Judge Robert Hess hear a case for an anti-SLAPP case. Judge Robert Hess did a fantastic job. He really knew the issues well and ruled fairly.
I saved the name of the Plaintiff so I could look it up later. The case is INTERUSH INC VS ATSUSHI KAJIOKA, Case #BC504682. It was heard today at 8:30 a.m. by Judge Robert Hess in Dept 24 at 8:30 a.m. Interush LOST. Atsushi Kajioka WON.
As most people know I was sued twice for defamation for outing a stock scam. I represented myself pro se and won both of those cases. This case is very similar to my two cases. It sounds like Interush a public company is a bit of a scam. Kajioka posted the truth about this scam in Japanese in a magazine or something only read by Japanese people in Japan. He was sued for libel.
Plaintiffs claim that memberships have been down because of Kajioka's statements. They stated they've lost $5,000,000 or so. He basically stated from what I heard today that the company has no real revenue from services. Most or all revenue comes from memberships.
Defendant Kajioka filed an anti-SLAPP motion today claiming that what he said is in the public interest and protected freedom of speech. The Plaintiffs argued that California's anti-SLAPP statute does not cover people in Japan. Plaintiffs attorney did the best job he could but Plaintiffs were clearly in the wrong. I felt bad for Plaintiffs lawyer making these crazy stupid arguments which I'm sure he knew were wrong. I don't think I could ever be a lawyer and represent bad people.
Anyway Judge ruled that they showed no proof that ONLY people in Japan read or were affected by what he said. Plaintiffs attorney then argued for tortious interference with prospective economic advantage and interference with business relations. Judge stated that Plaintiff could not prove that the people who cancelled or failed to become members were affected by what Defendant said. Judge also stated that Defendant did not know about a contractual relationship with all of the supposed people who cancelled or refused to sign up.
Judge Robert Hess really did a great job. If only he were the judge in my case in Texas, I know I wouldn't have lost that case. At least I will win on appeal.
I lost my motion today which was heard after this case. I filed my motion in good faith but forgot about motions being considered denied if not heard within 75 days. I used that argument in my other case so I should have realized this. Judge seemed to realize that the service of the notice of judgment was iffy. He said even if it weren't legal service and I filed my motion to vacate timely, I still had no grounds to vacate the Texas sister state judgment. He took the time to clarify California Code of Civil Procedure 1710.40. I did not have grounds to vacate the sister state judgment in California. I am fine with his ruling and agree with it. I will just have to wait for the opinion on my appeal.
Overall Judge Robert Hess was intelligent, experienced, thorough, polite, kind and fair especially considering I'm a pro se. He was kind and fair with the lawyers as well. He heard a variety of cases today based on a few different areas of law. He had good control over a couple of lawyers who were trying to drag out trials and cases. I'd give him an A.
I had a bit of a scare in the beginning when the clerk told me the case will be heard in Dept 75 which is Judge Carol Boas Goodson. Judge Carol Boas Goodson does not rule according to the evidence or law. She also will not let people plead their case. Fortunately when I went down there I realized that they were wrong so I went back upstairs. The clerk tried to tell me my case is next Friday in her court room. That is a different case. If Judge Goodson will hear that case, I will file a motion to recuse. I even included that in my motion so she should know that already.
UPDATE: If you search Interush and Atsushi Kajioka you can see Japanese articles about this lawsuit. Hit "translate" and you can get a basic yet garbled idea of this mess. I have found that when companies sue critics they are generally scammy. Atsushi is a California lawyer with offices down the street from me in Beverly Hills. I'm glad he won this case.
Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.
I saved the name of the Plaintiff so I could look it up later. The case is INTERUSH INC VS ATSUSHI KAJIOKA, Case #BC504682. It was heard today at 8:30 a.m. by Judge Robert Hess in Dept 24 at 8:30 a.m. Interush LOST. Atsushi Kajioka WON.
As most people know I was sued twice for defamation for outing a stock scam. I represented myself pro se and won both of those cases. This case is very similar to my two cases. It sounds like Interush a public company is a bit of a scam. Kajioka posted the truth about this scam in Japanese in a magazine or something only read by Japanese people in Japan. He was sued for libel.
Plaintiffs claim that memberships have been down because of Kajioka's statements. They stated they've lost $5,000,000 or so. He basically stated from what I heard today that the company has no real revenue from services. Most or all revenue comes from memberships.
Defendant Kajioka filed an anti-SLAPP motion today claiming that what he said is in the public interest and protected freedom of speech. The Plaintiffs argued that California's anti-SLAPP statute does not cover people in Japan. Plaintiffs attorney did the best job he could but Plaintiffs were clearly in the wrong. I felt bad for Plaintiffs lawyer making these crazy stupid arguments which I'm sure he knew were wrong. I don't think I could ever be a lawyer and represent bad people.
Anyway Judge ruled that they showed no proof that ONLY people in Japan read or were affected by what he said. Plaintiffs attorney then argued for tortious interference with prospective economic advantage and interference with business relations. Judge stated that Plaintiff could not prove that the people who cancelled or failed to become members were affected by what Defendant said. Judge also stated that Defendant did not know about a contractual relationship with all of the supposed people who cancelled or refused to sign up.
Judge Robert Hess really did a great job. If only he were the judge in my case in Texas, I know I wouldn't have lost that case. At least I will win on appeal.
I lost my motion today which was heard after this case. I filed my motion in good faith but forgot about motions being considered denied if not heard within 75 days. I used that argument in my other case so I should have realized this. Judge seemed to realize that the service of the notice of judgment was iffy. He said even if it weren't legal service and I filed my motion to vacate timely, I still had no grounds to vacate the Texas sister state judgment. He took the time to clarify California Code of Civil Procedure 1710.40. I did not have grounds to vacate the sister state judgment in California. I am fine with his ruling and agree with it. I will just have to wait for the opinion on my appeal.
Overall Judge Robert Hess was intelligent, experienced, thorough, polite, kind and fair especially considering I'm a pro se. He was kind and fair with the lawyers as well. He heard a variety of cases today based on a few different areas of law. He had good control over a couple of lawyers who were trying to drag out trials and cases. I'd give him an A.
I had a bit of a scare in the beginning when the clerk told me the case will be heard in Dept 75 which is Judge Carol Boas Goodson. Judge Carol Boas Goodson does not rule according to the evidence or law. She also will not let people plead their case. Fortunately when I went down there I realized that they were wrong so I went back upstairs. The clerk tried to tell me my case is next Friday in her court room. That is a different case. If Judge Goodson will hear that case, I will file a motion to recuse. I even included that in my motion so she should know that already.
UPDATE: If you search Interush and Atsushi Kajioka you can see Japanese articles about this lawsuit. Hit "translate" and you can get a basic yet garbled idea of this mess. I have found that when companies sue critics they are generally scammy. Atsushi is a California lawyer with offices down the street from me in Beverly Hills. I'm glad he won this case.
Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.
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