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LIBERI v TAITZ (C.D. CA) - 377.0 - NOTICE OF MOTION AND Amended MOTION to Dismiss Case Liberi et al v Taitz et al filed by defendant Law Offices of Orly Taitz - gov.uscourts.cacd.497989.377.0

LIBERI v TAITZ (C.D. CA) - 377.0 - NOTICE OF MOTION AND Amended MOTION to Dismiss Case Liberi et al v Taitz et al filed by defendant Law Offices of Orly Taitz - gov.uscourts.cacd.497989.377.0

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Published by Jack Ryan
09/16/2011 377 NOTICE OF MOTION AND Amended MOTION to Dismiss Case Liberi et al v Taitz et al filed by defendant Law Offices of Orly Taitz. Motion set for hearing on 10/17/2011 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 Exhibit stipulation dismissing Yosef Taitz, which was breached by Berg, # 2 Exhibit memorandum by judge Robreno, finding Berg, Liberi, Ostella not believable as witnesses, # 3 Appendix request for judicial notice Lisa Liberi criminal record and bankruptcy record with 2 different full social security numbers of Lisa Liberi contained in public records for 11 years and 9 years, # 4 Appendix request for judicial notice of declaration of Lisa Liberi with a full social security number entered by Lisa Liberi in public record in 2006 and present in piblic records for 5 years)(Taitz, Orly) (Entered: 09/16/2011)
09/16/2011 377 NOTICE OF MOTION AND Amended MOTION to Dismiss Case Liberi et al v Taitz et al filed by defendant Law Offices of Orly Taitz. Motion set for hearing on 10/17/2011 at 10:00 AM before Judge Andrew J. Guilford. (Attachments: # 1 Exhibit stipulation dismissing Yosef Taitz, which was breached by Berg, # 2 Exhibit memorandum by judge Robreno, finding Berg, Liberi, Ostella not believable as witnesses, # 3 Appendix request for judicial notice Lisa Liberi criminal record and bankruptcy record with 2 different full social security numbers of Lisa Liberi contained in public records for 11 years and 9 years, # 4 Appendix request for judicial notice of declaration of Lisa Liberi with a full social security number entered by Lisa Liberi in public record in 2006 and present in piblic records for 5 years)(Taitz, Orly) (Entered: 09/16/2011)

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Published by: Jack Ryan on Sep 16, 2011
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DR. ORLY TAITZ ESQ29839 SANTA MARGARITA PKWY, STE 100RANCHO SANTA MARGARITA, CA 92688PH 949-683-5411 FAX 949-766-7603ATTORNEY FOR LAW OFFICES OF ORLY TAITZUS DISTRICT COURTFOR THE CENTRAL DISTRICT OF CALIFORNIALIBERI ET AL,PLAINTIFF,VS.TAITZ AT AL,DEFENDANT))))))))))CASE NO.: 11-CV-00485HON. ANDREW GUILFORD PRESIDINGMotion to dismiss the first amendedcomplaint in its entirety under rule 12(b)6DATE October 17, 2011TIME 10:00COURTROOM 10 D
Case 8:11-cv-00485-AG -AJW Document 377 Filed 09/16/11 Page 1 of 28 Page ID#:8576
 
 
First Amended
 
Motion to dismiss the complaint in its entirety on 12B6-Failure to state aclaim for relief. In original motion an incorrect date for hearing was posted. Correct dateof 10.17.2011 is posted in this first amended complaintPROCEDURAL HISTORY
This court has granted "Law Offices of Orly Taitz" (hereinafter LO) leave of court to file a12(b)6 motion to dismiss this first amended complaint. Plaintiffs' attorney Philip J. Berg(Hereinafter Berg) originally stipulated, that he will dismiss the complaint against LO and leaveof court was requested and granted to file such a stipulation, however later Berg stated, that herefuses to dismiss with prejudice. He was willing to dismiss without prejudice. Dismissal withoutprejudice does not give the defendant peace of mind and relief. This is particularly true as Bergtends to sue not only the party to dispute but any and all entities and relatives of opponents, inthis case relatives of individuals, who blew the whistle on Berg, Liberi and Ostella, plaintiffsherein, there was a prior dismissal in this case without prejudice and with a certain stipulationand prior stipulation agreement was breached.This complaint was filed in May of 2009, two and a half years ago and Berg included in theoriginal complaint as additional defendants Yosef Taitz, the husband of attorney Orly Taitz,Caren Hale, wife of talk show host Ed Hale (Hale case was moved to TX), Todd Sankey, son of investigator Neil Sankey. Berg previously stipulated to dismissal of Mr. Taitz with a stipulation,that prior to bringing him back into the case "the plaintiffs will seek a leave of court and adecision by the court, that Plaintiffs have established evidence sufficient to support a cognizableclaim" against Mr. Taitz. (Exhibit 1) In violation of stipulation and without a finding by thiscourt, that Plaintiffs established such evidence Berg joined Mr. Taitz as a defendant. With that inmind Defendants cannot agree to dismissal without prejudice and a stipulation and the Plaintiffs
Case 8:11-cv-00485-AG -AJW Document 377 Filed 09/16/11 Page 2 of 28 Page ID#:8577
 
refuse to dismiss their complaint against Law offices of Orly Taitz with prejudice. As such, LOis filing this 12(b)6 motion to dismiss first amended complaint against it in its entirety for failureto state a claim for relief and seek dismissal with prejudice and without a leave to amend.Additionally, previously in the interest of judicial economy, Orly Taitz, who is both an attorneyand Doctor of Dental surgery, and represents both "Law offices of Orly Taitz" and Orly Taitz,inc, her dental office, and asked for leave of court to file one 12(b)6 motion to dismiss thecomplaint against both Law offices of Orly Taitz and Orly Taitz, inc, her dental practice. Due toa docketing error by the clerk of the court, this court erroneously believed, that Orly Taitz, incfiled an appeal of the original antiSLAPP motion. This error was corrected by the docketingclerk, however leave of court to file 12(b)6 motion on behalf of Orly Taitz, inc was not grantedyet. As such, not to be seen as engaged in stalling, she is filing this motion on behalf of Lawoffices of Orly Taitz only. This motion to dismiss the complaint in its' entirety against LO isbased on the memorandum of points and authorities attached herein, exhibits and oral argumentto be held during the motion hearing.
MEMORANDUM OF POINTS AND AUTHORITIESTABLE OF CONTENTS
1. Background and history of the case .........................................................................................p52. STANDARD FOR RULE 12(B)(6) p6 THE COMMUNICATIONS DECENCY ACTSIMMUNIZES TAITZ AND HER AFFILIATED ENTITIES FROM LIABILITY ARISINGOUT OF HER PUBLICATION OR REPUBLICATION OF INFORMATION RECEIVEDFROM ANOTHER INFORMATION CONTENT PROVIDER.................................................p83. CLAIMS 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11 ARE BARRED BY PRIVILEGE AFFORDED BYCALIFORNIA CIVIL CODE SECTION 47...............................................................................p10
Case 8:11-cv-00485-AG -AJW Document 377 Filed 09/16/11 Page 3 of 28 Page ID#:8578

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