The Other McCain

"One should either write ruthlessly what one believes to be the truth, or else shut up." — Arthur Koestler

Brett Kimberlin Allegedly Alleges

Posted on | January 13, 2014 | 20 Comments

As predicted this morning, the defendants’ motions to dismiss were denied today in the the million-dollar Maryland lawsuit, Kimberlin v. Walker, et al. And as I had previously explained: “A motion to dismiss is entirely a matter of legal procedure, and one must argue it as if all the facts as alleged by the plaintiff were true which, of course, they aren’t.”

Knowing this in advance, it was nevertheless a stunning thing to hear Montgomery County Judge Sharon Burrell say that she was denying the motions to dismiss because “there is enough alleged here.” That is to say, merely by alleging that he is the victim of torts, Brett Kimberlin gets past the preliminary hurdles, and never mind that the plaintiff is notoriously — nay, infamously — dishonest.

It’s irritating, but that’s the law. Co-defendant John Hoge reports:

None of the motions to dismiss were granted .. . Kimberlin’s motion to consider Ali Akbar served was denied. His motion for additional information from Google was granted.The reason for the denial of Kimberlin’s motion concerning service of process on Ali Akbar was an apparently forged document submitted with his motion.

This last item is curious: Kimberlin had previously submitted a receipt for certified mail of his attempt to serve Ali on which the box for restricted delivery — “addressee only” — was not checked. Yet in court today, Kimberlin claimed to have a receipt on which the box was checked. After a lot of argument about this, Judge Burrell asked Brett to show her this receipt and, after comparing it to what he had previously submitted to the court, the judge declared that it clearly wasn’t the same document. Was this a forgery? I make no such accusation.

Unlike pro se litigants filing lawsuits against innocent defendants, blogging is not covered by the Allege Any Damned Thing rule.

Further motions by the defendants are to be expected in the future, however, and who knows what might be alleged, eh?

 

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Comments

  • Frankie

    Kimberlin would change a document to try and lie to the court? (insert NOT shocked face here) I mean it’s not like he hasn’t lied to the courts numerous times before right? Between this and the lie about defendants being served that were clearly not served I think the judge will be getting a good look at what a dishonest person they are dealing with.

  • Adobe_Walls

    You are probably lucky to be no longer living under Maryland’s vision of what constitutes a legal system.

  • http://wizbangblog.com/ Adjoran

    Sooner or later, some judge is going to decide he’s had enough of this crap.

    Faster, please.

  • Quartermaster

    The judge has just seen that Kimberlin is dishonest and is, therefore, on notice that he is. Maryland courts have already shown that they aren’t too keen on the law, so it may not matter.
    Rule of law was nice while it lasted.

  • http://boogieforward.us/ K-Bob

    The tough part is getting through the “in-between” years prior to outright anarchy.

  • Katie Scarlet

    So I take he has not hired a lawyer yet?

  • SPQR9

    Hilarious that BK tries to submit a forged document and is already caught at it.

    But I think this reinforces that BK’s strategy in this suit has always been a transparent effort to set up a default judgment against defendants.

    He thinks because it sorta worked against Seth Allen that he can repeat it. ACME Law in action.

  • SarahW

    Did your lawyers get to look at the “new” version?

  • Sarahw

    A single intentional forgery, if proven, is grounds for a judge to shut down the case. How did kimberlin account for the discrepancy?

  • http://evilbloggerlady.blogspot.com/ Evi L. Bloggerlady

    If the judge thinks Kimberlin is dishonest, he is going to have tough sledding. It won’t be started outwardly, but it will kill his case.

    As for a motion to dismiss, given every allegation is taken to be true in the complaint, a comment that there is “enough there” is just that. The next step is a summary judgment motion. Let’s see how Brett does with that.

  • http://evilbloggerlady.blogspot.com/ Evi L. Bloggerlady

    Exactly right.

  • Rob Crawford

    Judges inexplicably bend over when pro se suits come in. I simply do not understand it — if the procedures and standards are necessary when professionals are litigating, they’re doubly necessary when amateurs are.

  • Rain

    I can see where a judge would cut a pro se amateur some slack BUT Kimberlin isn’t an amateur to filing pro-se, he’s done it several times and I think relies on judges not realizing this is all lawfare for him…Here’s hoping this judge clues in quickly.

  • Dianna Deeley

    No one has mentioned one, no.

  • Dianna Deeley

    Good question!

  • robertstacymccain

    My attorney has seen both documents in question. The judge didn’t ask Kimberlin to explain the discrepancy, but simply denied his motion.

  • http://deadrepublicanparty.wordpress.com/ rmnixondeceased

    I find the IRA’s concept of Republican Courts (set up in the years prior to their freedom from England in 1921 and used to implement Irish law) more attractive every day.

  • robcrawford2

    The “slack” given to pro se clowns permits them to use the courts as a weapon against innocent people. If it would get an attorney in trouble, it should get someone acting as their own attorney in trouble. Otherwise the targets of the pro se clowns are NOT getting justice, as they are caught in a rigged game.

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