Response to Clair Marlo's False and Misleading GoFundMe Comments
As I try to raise funds for the constitutional challenge to the DVPA, Clara Veseliza Baker, aka Clair Marlo, aka my ex wife, has commented on my GoFundMe. Below is her post quoted in full, with my notes in between statements.
It is true that the Court found that I had posted "private information", but the Court never stated what that information supposedly was. Prior to this DVPA order, court were required to make specific factual findings. Not any more, that's why the DVPA definition of abuse is wrong, that's why I'm challenging the law. The current DVPA law only requires a finding that posting documents "destroyed the mental or emotional calm" of my ex wife, which court documents would tend to do.
It's also worth noting that, in the same sworn declaration, the record company guy said he intended to keep working with Clair Marlo, and I was the one they would no longer hire. It is undisputed that Clair Marlo was the contact with the record company people for all 20 years, and that I never spoke to them. Is it just possible that Clair Marlo is the one who disparaged me?
I filed a fraud action against Marlo in August 2015. Through unethical delay tactics of her army of attorneys, that case is still pending. That case must be separate from the divorce because I seek a jury trial. Marlo's attorneys tried to have that case consolidated with the divorce case, but the Judge ruled against her.
I filed a copyright case against Marlo in 2016, which I won. Marlo appealed that, but I prevailed again in the 9th Circuit Court of Appeals. While that case was pending, I discovered a ton of other facts, giving rise to a larger federal case, and my desire to publicly discuss music industry corruption.
Marlo countersued me in federal court. While I couldn't afford an attorney, she had an army of high-priced litigators. My case got partly dismissed, but the bulk of my fraud action was sent to State Court, and was consolidated with the original fraud case, which is still pending. Meanwhile, Marlo got her federal trial against me, for a declaratory judgment that song splits were correctly reported on contracts. To put it as mildly as possible, the goings on were reminiscent of a Nazi show trial. The judge didn't allow my handwriting expert, didn't even allow me to demonstrate my own signature, and didn't allow me to introduce the evidence of secret bank accounts. Meanwhile, the judge allowed hours of examination of me on irrelevant personal issues. No jury.
The net result of Marlo's federal lawsuit against me was that she got $0 in damages, but was awarded $220,000 in attorney fees. That certainly brought me to my financial knees.
The only other lawsuit I filed against Clair Marlo was having to do with the fact that she sold a house, against which I had recorded a valid judgment lien. That lien should certainly have been paid from escrow. However, Clair Marlo, and the Escrow, and the Title Company, and the Real Estate agent all decided not to pay the lien. They paid the tax lien, but not my lien. That the court ultimately let them get away with that speaks to court corruption, and I am tired of shutting up.
Clair Marlo also sued me for a DVPA restraining order, which is what the whole constitutional challenge thing is about. Her restraining order hearing lasted 11 months. 11 months! There are so many details about the judicial bias and corruption in that case, it will take several episodes to go through it. But that was her case, not mine. I appealed the DVTRO, and the DVRO, which I think Marlo is counting in claiming "8" lawsuits. 8? Not sure how she comes up with "8".
Then, less than a week after the TRO, Marlo texted me and invited me to take our daughter to her horse show, which I did. Why wouldn't I? I had been having regular visitation with her twice a week for 15 months after separation, and we always went to the horse ranch, and out to dinner, and to do homework together. The following week, Marlo texted me again, and again invited me to take our daughter to another horse show, so I did.
Then, Marlo and her attorney showed up at the next court hearing, and the very first words out of her attorney's mouth were that I had violated the restraining order. I believe they framed me. I will post all the text messages and emails that prove all this. The judge did not care that I was framed, but I'm hoping for a different result in the court of public opinion. This unconsitutional DVPA law has got to be repaired.
Then, and here's where it gets really twisted, Marlo started telling the youngest child that her father "abandoned her". Okay? And because there is a restraining order, I am disallowed to text or call or do anything. What sort of person gets a baseless restraining order against a kind, loving and involved father, who read bedtime stories to his 2 children, every night, for 17 years straight, and then tells the child that father "abandoned her".
I later found out that, after she was told she was abandoned, our daughter began cutting herself. I found out because Clair Marlo filed declarations in court saying so. I wouldn't know personally, because I haven't seen her since November 2016. And of course, Marlo was trying to somehow blame me for the child self-harming, despite the fact that it began only after father was taken from her. If that makes sense to anyone, I'm open to listen.
I took the money I won in the copyright case and put all of it into a Father - Daughter reunification trust. The money was to be used to pay for therapy and travel, and fun things to do with my kids. The Family Court at one point ordered father-daughter therapy, but Marlo refuses to allow it. Who is hurting the child?
According to her attorneys, Clair Marlo refused my offer to settle. Now, I am not sure that Marlo's attorneys ever communicated my offer to her. And, I am of course disallowed from contacting Marlo "by any means". It's crystal clear to me what the case is really all about, and that is attorney fees. Marlo owes her attorneys over $800,000, according to documents filed. I owe her attorneys $220,000, but I have appealed that. Regardless, the attorneys want more, and family court will likely award it.
So, here is the absurd bottom line: Regardless of who wins or loses anything in Court, Clara's attorneys get all the money. And that is one of two important points about postmodern justice-
1. The DVPA unconstitutionally vague definition of "abuse' is a perfect silver bullet for parental alienators and unethical divorce attorneys;
2. There are multiple ways that attorneys can lock you in to a court case, so that you can't escape, so that they get to take all the money.
Years ago, I asked an attorney, "how much does a divorce cost?" He replied, "how much do you have?". I thought he was kidding. He wasn't. This is postmodern justice.
The reason I have a Domestic Violence Restraining Order against you is because you posted my signature, my personal and private information, my private emails, my co-workers names, address, phone number, signature and private contracts on the internet.I posted court documents, including evidentiary exhibits attached to a complaint against Clair Marlo for fraud and other causes of action. Court documents are, by definition, public. All confidential information - such as social security number - was properly redacted from the court documents prior to filing, and prior to publishing. Prior to this restraining order, none of the things that Ms. Marlo mentions were ever considered confidential by any court.
It is true that the Court found that I had posted "private information", but the Court never stated what that information supposedly was. Prior to this DVPA order, court were required to make specific factual findings. Not any more, that's why the DVPA definition of abuse is wrong, that's why I'm challenging the law. The current DVPA law only requires a finding that posting documents "destroyed the mental or emotional calm" of my ex wife, which court documents would tend to do.
You threatened my employers to the point where they don't want to hire me anymore. You threatened people I worked with.By "my employers", what Clair Marlo actually means is "the record company with whom we contracted for 20 years". By "threatened", she means "threatened to sue". Yes, I threatened to sue her and the record company for a number of reasons, not the least of which is the fact that, in the prior copyright infringement suit against Clair Marlo (which I won), the Executive VP of the record company filed a declaration in which he claimed that they did not pay royalties to songwriters. This came after I discovered that, in fact, the record company does pay royalties, and Clair Marlo had been secretly taking that money and concealing it from me. That this record company guy was willing to perjure himself to protect Clair Marlo speaks volumes about the corruption I was trying to expose by publishing.
It's also worth noting that, in the same sworn declaration, the record company guy said he intended to keep working with Clair Marlo, and I was the one they would no longer hire. It is undisputed that Clair Marlo was the contact with the record company people for all 20 years, and that I never spoke to them. Is it just possible that Clair Marlo is the one who disparaged me?
You brought me to my financial knees by litigating against me in 8 lawsuits and causing me to have to defend myself with multiple lawyers over 5 years now.Who is suing whom? The divorce case was filed in 2014. But a divorce case is really just a "shell", into which any number of separate actions can be brought. The first action in our divorce case was Clair Marlo's lawsuit for total control of the family house and recording studio. Since she had stolen $34,000 of community money on June 20, 2014, and changed the locks and installed an alarm, Marlo left me homeless and penniless. Marlo succeeded in being awarded the house, which not only left me homeless, but without access to my livelihood. Can anybody imagine a man doing that to a woman and avoiding jail time? I can't.
I filed a fraud action against Marlo in August 2015. Through unethical delay tactics of her army of attorneys, that case is still pending. That case must be separate from the divorce because I seek a jury trial. Marlo's attorneys tried to have that case consolidated with the divorce case, but the Judge ruled against her.
I filed a copyright case against Marlo in 2016, which I won. Marlo appealed that, but I prevailed again in the 9th Circuit Court of Appeals. While that case was pending, I discovered a ton of other facts, giving rise to a larger federal case, and my desire to publicly discuss music industry corruption.
Marlo countersued me in federal court. While I couldn't afford an attorney, she had an army of high-priced litigators. My case got partly dismissed, but the bulk of my fraud action was sent to State Court, and was consolidated with the original fraud case, which is still pending. Meanwhile, Marlo got her federal trial against me, for a declaratory judgment that song splits were correctly reported on contracts. To put it as mildly as possible, the goings on were reminiscent of a Nazi show trial. The judge didn't allow my handwriting expert, didn't even allow me to demonstrate my own signature, and didn't allow me to introduce the evidence of secret bank accounts. Meanwhile, the judge allowed hours of examination of me on irrelevant personal issues. No jury.
The net result of Marlo's federal lawsuit against me was that she got $0 in damages, but was awarded $220,000 in attorney fees. That certainly brought me to my financial knees.
The only other lawsuit I filed against Clair Marlo was having to do with the fact that she sold a house, against which I had recorded a valid judgment lien. That lien should certainly have been paid from escrow. However, Clair Marlo, and the Escrow, and the Title Company, and the Real Estate agent all decided not to pay the lien. They paid the tax lien, but not my lien. That the court ultimately let them get away with that speaks to court corruption, and I am tired of shutting up.
Clair Marlo also sued me for a DVPA restraining order, which is what the whole constitutional challenge thing is about. Her restraining order hearing lasted 11 months. 11 months! There are so many details about the judicial bias and corruption in that case, it will take several episodes to go through it. But that was her case, not mine. I appealed the DVTRO, and the DVRO, which I think Marlo is counting in claiming "8" lawsuits. 8? Not sure how she comes up with "8".
The judges have had to call you a "Vexatious Litigant" and now make you ask them for permission before you file anything.I was indeed declared a "vexatious litigant", and wrongly so. Not a single one of my court actions against Clair Marlo was ever found to be frivolous or to lack merit. Not one. I'll challenge the order, as soon as I figure out how.
Please move on with your life, stop hurting your children, send them a Birthday or Christmas card or gift - you haven't for 3 years.I have never hurt my children. What is hurting the children is parental alienation. Clair Marlo obtained a restraining order on October 26, 2016, which disallowed me from coming within 100 yards of our children, and from contacting them by any means. Then, her attorney Jacqueline Blade emailed me and claimed there was no restraining order.
Then, less than a week after the TRO, Marlo texted me and invited me to take our daughter to her horse show, which I did. Why wouldn't I? I had been having regular visitation with her twice a week for 15 months after separation, and we always went to the horse ranch, and out to dinner, and to do homework together. The following week, Marlo texted me again, and again invited me to take our daughter to another horse show, so I did.
Then, Marlo and her attorney showed up at the next court hearing, and the very first words out of her attorney's mouth were that I had violated the restraining order. I believe they framed me. I will post all the text messages and emails that prove all this. The judge did not care that I was framed, but I'm hoping for a different result in the court of public opinion. This unconsitutional DVPA law has got to be repaired.
Then, and here's where it gets really twisted, Marlo started telling the youngest child that her father "abandoned her". Okay? And because there is a restraining order, I am disallowed to text or call or do anything. What sort of person gets a baseless restraining order against a kind, loving and involved father, who read bedtime stories to his 2 children, every night, for 17 years straight, and then tells the child that father "abandoned her".
I later found out that, after she was told she was abandoned, our daughter began cutting herself. I found out because Clair Marlo filed declarations in court saying so. I wouldn't know personally, because I haven't seen her since November 2016. And of course, Marlo was trying to somehow blame me for the child self-harming, despite the fact that it began only after father was taken from her. If that makes sense to anyone, I'm open to listen.
Use your "Father-Daughter Reunification Trust" of over $25,000 to fund your Supreme Court Appeal. Or don't - use it to buy your kids some gifts.
I took the money I won in the copyright case and put all of it into a Father - Daughter reunification trust. The money was to be used to pay for therapy and travel, and fun things to do with my kids. The Family Court at one point ordered father-daughter therapy, but Marlo refuses to allow it. Who is hurting the child?
Move on with your life. Try to make amends to those you've hurt and maybe you'll find some peace. I only wish you peace at this point. We are divorced - let's settle the song splits and be done. Move on. It's time.Despite my valid claims remaining in civil court and family court, I offered Clair Marlo a "walk away" settlement under which we would split the marital song royalties 50-50, which the Judge already ordered us to do anyway. (Marlo refuses to abide by this Court order.) I offered to allow Marlo to keep all the remaining money in the trust account, which contains the proceeds from the sale of two real estate properties. This offer was over a year ago now.
According to her attorneys, Clair Marlo refused my offer to settle. Now, I am not sure that Marlo's attorneys ever communicated my offer to her. And, I am of course disallowed from contacting Marlo "by any means". It's crystal clear to me what the case is really all about, and that is attorney fees. Marlo owes her attorneys over $800,000, according to documents filed. I owe her attorneys $220,000, but I have appealed that. Regardless, the attorneys want more, and family court will likely award it.
So, here is the absurd bottom line: Regardless of who wins or loses anything in Court, Clara's attorneys get all the money. And that is one of two important points about postmodern justice-
1. The DVPA unconstitutionally vague definition of "abuse' is a perfect silver bullet for parental alienators and unethical divorce attorneys;
2. There are multiple ways that attorneys can lock you in to a court case, so that you can't escape, so that they get to take all the money.
Years ago, I asked an attorney, "how much does a divorce cost?" He replied, "how much do you have?". I thought he was kidding. He wasn't. This is postmodern justice.
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ReplyDeleteThe DVPA prohibits any conduct that "disturbs the peace" of the other person. Under the case of Nadkarni, the Courts hold that this means "any conduct that destroys the mental or emotional calm" of the other person. Essentially anything may be found to violate the restraining order. The law is wrong.
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