http://michellemalkin.com/2009/02/12/yel...ley-cyrus/

Uh, can someone explain this to me? What are the grounds? I don't get this at all.

C. 1989, one of the Phx radio stations aired a parody commercial for a Law Firm looking for clients to represent if something on TV made you "feel bad." It was supposed to be a JOKE, not a prediction.

(02-12-2009 10:29 AM)DrTorch Wrote:  http://michellemalkin.com/2009/02/12/yel...ley-cyrus/

Uh, can someone explain this to me? What are the grounds? I don't get this at all.

C. 1989, one of the Phx radio stations aired a parody commercial for a Law Firm looking for clients to represent if something on TV made you "feel bad." It was supposed to be a JOKE, not a prediction.

You can file a civil suit for anything if you just pay the filing fees. Doesn't mean that it has any merit at all, or that it won't get thrown out.

Continues to amaze me that people are too stupid to realize this, or that they're smart enough to realize it, but manipulative and stupid enough to pander to the publicity seekers to score points for their own insipid causes.

Only in America, and definitely, predictably, on this board.

reparations, sweet!

.

It will truly be interesting to see how god-Bammi runs on this one .... will he jump on the Race Cards slippery slope (no pun intended), or will he back Billy Ray's little shining baby girl.

While buying movies today, I came across the "Obama Movie inaptly named 'Yes We Can' - - - - I suddenly had this nasty urge to go get a permanent marker and write on each Obama movie cover sitting on the shelves, these great and powerful words, "Oh Fu'k, We Did" ...

Oh well, another day perhaps.

.

So, what is the basis for the lawsuit? What are the damages?

I see a dismissal.

FRCP 12(b)(6) “Failure to State a Claim for which Relief can be granted"

(02-12-2009 01:33 PM)SumOfAllFears Wrote:  So, what is the basis for the lawsuit? What are the damages?

I see a dismissal.

FRCP 12(b)(6) “Failure to State a Claim for which Relief can be granted"

Some things to remember:

1. This garbage is filed in Los Angeles County Superior Court. Miley may be a California resident. No federal jurisdiction based on diversity.

2. The only thing more vicious than an Israeli Soldier is an attorney for the Walt Disney Corporation, Miley's employer and meal ticket.

3. California Code of Civil Procedure Rule 128 provides as follows:

(a) Every trial court may order a party, the party's attorney, or both to pay any reasonable expenses, including attorney' s fees, incurred by another party as a result of bad-faith actions or tactics that are frivolous or solely intended to cause unnecessarydelay. This section also applies to judicial arbitration proceedings under Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3.

(b) For purposes of this section:

(1) "Actions or tactics" include, but are not limited to, the
making or opposing of motions or the filing and service of a
complaint or cross-complaint only if the actions or tactics arise
from a complaint filed, or a proceeding initiated, on or before
December 31, 1994. The mere filing of a complaint without service
thereof on an opposing party does not constitute "actions or tactics"
for purposes of this section.

(2) "Frivolous" means (A) totally and completely without merit or
(B) for the sole purpose of harassing an opposing party.

© Expenses pursuant to this section shall not be imposed except
on notice contained in a party's moving or responding papers; or the
court's own motion, after notice and opportunity to be heard. An
order imposing expenses shall be in writing and shall recite in
detail the conduct or circumstances justifying the order.

(d) In addition to any award pursuant to this section for conduct
described in subdivision (a), the court may assess punitive damages
against the plaintiff upon a determination by the court that the
plaintiff's action was an action maintained by a person convicted of
a felony against the person's victim, or the victim's heirs,
relatives, estate, or personal representative, for injuries arising
from the acts for which the person was convicted of a felony, and
that the plaintiff is guilty of fraud, oppression, or malice in
maintaining the action.

(e) The liability imposed by this section is in addition to any
other liability imposed by law for acts or omissions within the
purview of this section.

(02-12-2009 08:59 PM)WMD Owl Wrote:  Some things to remember:

1. This garbage is filed in Los Angeles County Superior Court.

Yup, the same place Saddam wanted his trial. Miley's dead on this one.

(02-12-2009 08:59 PM)WMD Owl Wrote:  2. The only thing more vicious than an Israeli Soldier is an attorney for the Walt Disney Corporation, Miley's employer and meal ticket.

The way I heard it was like this:

The 3 most dangerous people in the world are a Pollock with an idea, a Jew with a lawyer and a homo with a chipped tooth.

My apologies to Jews, Poles and people with chipped teeth - I just tell them the way I heard them.

(02-12-2009 09:11 PM)smn1256 Wrote:  

(02-12-2009 08:59 PM)WMD Owl Wrote:  Some things to remember:

1. This garbage is filed in Los Angeles County Superior Court.

Yup, the same place Saddam wanted his trial. Miley's dead on this one.

(02-12-2009 08:59 PM)WMD Owl Wrote:  2. The only thing more vicious than an Israeli Soldier is an attorney for the Walt Disney Corporation, Miley's employer and meal ticket.

The way I heard it was like this:

The 3 most dangerous people in the world are a Pollock with an idea, a Jew with a lawyer and a homo with a chipped tooth.

My apologies to Jews, Poles and people with chipped teeth - I just tell them the way I heard them.

You do have a point.. a Los Angeles County Jury let OJ off the hook.

A judge may dismiss it if there "no genuine issue of fact" for a jury to decide. Otherwise Frivolous is subjective and judges are not usually going to find a case brought by a lawyer as Frivolous unless he has some history of it, especially in Los Angeles. On the other hand, pro se cases are more likely to be considered Frivolous, but depends on the judge.

So again.... what is the basis for the lawsuit? What are the damages?

It must be just a publicity stunt.