 |
On Monday March 22,
2010, Mr. Moxon’s ex parte application was heard by Judge Treu in Department 58
of the Los Angeles Superior Court. An ex parte application is an emergency
motion made on one or two days notice. Regular motions require 16 court day’s
notice.
Mr. Moxon’s pending ex parte application is to either dismiss the Berry
cross-complaint or to stay (delay) the case until the issue of whether the Berry
cross-complaint can even be filed is decided by the court. Mr. Moxon’s papers,
and my opposition papers, will be uploaded to
AngryGayPope.com tonight or tomorrow.
My counsel is Barry Van Sickle, Esq., another veteran Scientology litigator. He
was to be in court this morning this morning but now needs major surgery and
could not be there.
In summary, this is what happened:
(1) The judge took the bench and indicated that he was inclined to deny Moxon’s
motion because I now had counsel which took the case outside of Code Civil
Procedure section 391.7;
(2) Moxon disagreed citing to several cases which held against the express
language of that section. The cases are cited on pages 5-6 of the Moxon ex
parte;
(3) In the particular circumstances of the Moxon ex parte and argument, the
judge did not wish to proceed without my counsel Barry Van Sickle, Esq.
physically in the courtroom;
(4) The Judge stayed the case until Barry Van Sickle could be in the court room;
(5) I am to file an ex parte to restore Moxon’s ex parte to the calendar after I
am back from Germany next Monday night and Barry Van Sickle has his doctor’s
authority to travel;
(6) My motion to compel Moxon’s deposition, and to waive the attorney-client
privilege (pursuant to the crime-fraud exception), calendared for May 6, 2010,
will stay on calendar (over Moxon’s objection) unless my counsel does not
restore the Moxon ex parte in sufficient time for Moxon to timely file his
opposition. The motion can read
here. If want to read the supporting evidence it is also online at the
same site.
Mr. Moxon continued his cozy relationship with retired Judge William’s former
court clerk who is now this judge’s clerk. Scientology stooges list the clerk at
the top of one of their “dead agent” pages on me at
ReligiousFreedomWatch.Org .
In conclusion, I am satisfied with the status of the case as it now stands. The
judge seems true (pun intended) to his oath of office and he is playing it
straight down the middle, which is all one should ask of any judge.
MARCH 22, 2010
LOS ANGELES, CALIFORNIA