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2007 United Online (NetZero) suit (on appeal - venue)

Saturday, March 29, 2008

United Online (NetZero): my appeal brief and perjury police report

The CONCLUSION from my appeal brief:

IV. CONCLUSION

United first made it almost impossible to cancel its NetZero internet service and then decided to ignore the cancellation and to continue to charge Baker’s credit card.  When Baker finally took its theft public, it refused to refund the fraudulent charges.

After Baker sued, United attorney Anthony DeToro represented United at the Mediation Hearing in violation of the rules. Mediator Dimitri disclosed the exact terms of United’s offer and that Baker declined to accept it to judge Taylor and the world in violation of the rules.

United attorney Knochel committed perjury, falsely representing himself as United employee in his sworn verification. He also committed perjury when he denied all of Baker’s requests for admission including that Baker canceled on 7/4/06—DESPITE having had the audio recording of the cancellation call, submitted with Baker’s Initial Disclosures on 10/19/07.

After Baker tried to schedule attorney Knochel’s deposition, he produced the backdated verification and obviously perjurous responses by United employee Boothby.

And in the meantime, attorney Knochel submitted an incoherent Motion to Dismiss, granted by judge Taylor, who rewarded the Knochel perjury and outrageous conduct with $1,250 for attorneys’ fees.

Of course Baker does not expect to be able to change the rampant corruption in the Kingman justice court and possibly also in the county attorneys office.
However, while she considered a similar experience in federal court on her way back from Phoenix on 12/7/07, she thought of the perfect title for her book:

20 Reasons to STOP paying your unsecured debts.

As a credit consultant, Baker is now encouraging her clients and readers with large debts and few assets to default on most unsecured debts.  She documents corruption no longer because she hopes to change anything, but to encourage Americans to fight back and WIN by not paying their debts.  There are many ways to find justice, suing in Kingman justice court is NOT one of them.

Judge Taylor’s rulings contributed to the credit crisis of 2008. 

Baker had planned on having her book finished by now, but she has not even started yet.  She might not write her book at all, but at least she is spreading the truth about the corrupt American legal system at her websites and she is helping her readers save their hard earned money instead of supporting this completely corrupt legal and banking system, designed to redistribute wealth from the working people to the wealthy.

This appeal brief is NOT about $164 and Venue became the sideshow.  It is about putting judge Taylor’s corruption and the attorneys’ misconduct and perjury on the public record so that this Court can do whatever it deems necessary.

I barely got done yesterday to drive it to Kingman for filing by the time the court closed. 

The Meditation scam

The extent of the corruption at the Kingman justice court is beyond belief. 

I found the Mediation Report in the court’s file when I was looking to see how attorney DeToro identified himself at the hearing.  Not only did the mediator not write down the name of the person attending for United Online, but he disclosed the CONFIDENTIAL negotiations!

1) According to the Notice, attorneys are only allowed to confer with their client, but United Online attorney Anthony DeToro represented United at the hearing and failed to disclose that he is an attorney.

At the mediation hearing, DeToro was your typical intimidating, threatening and a legalese talking scummy lawyer.  I wondered why the mediator didn’t interfere.

2) I had to sign the Confidentiality Agreement, but the mediator disclosed to the world the exact amount of the United offer and that I declined to accept it .

It just blows my mind. 

I really hope I’ll have time to follow up on all this.  I’d also like to do “something” about the California notary apparently backdating the Boothby verification.

It’s just so frustrating to see them lie, lie and lie again. 

United actually FALSIFIED their records!

They somehow changed my account history, deleted the 7/4/06 cancellation call and then made a new entry for 7/11/06 and claimed that I called to inquire about my account status.

Can you belief the extent of their cover-up for a lousy $164?

No, NOT 164 million! All this for $164 which TO DATE they have not refunded.

They HAD the recording of my cancellation call and during the call I mention that it was the 4th of July, there is NO way that this was 7/11.

As long as I’ve been doing this litigation crap, I still haven’t got used to this deceit and fraud.

And they get away with fraud and perjury because of corrupt judges like Taylor and Wake.

I couldn’t deal with this anymore if I didn’t know that it will help convince many readers and clients that it’s best to just charge up the credit cards to the max and then default.

NOBODY needs to be concerned with not keeping their promise to pay, with honesty or any other values consumers are supposed to live up to.  I hope that my documentaries will convince people that there is nothing wrong with not paying a corporation.  I documented what they go through to make a public statement that resistance is futile and that you’ll never prevail in court no matter how right you are. 

They can STEAL my money and walk away laughing.

It’s time to fight fire with fire.  Lower yourself to THEIR level.  Treat your friends and neighbors with respect and honor your word, but when dealing with scummy corporations and their employees, do what’s best for YOU.

With a little planning, MILLIONS can ensure that they at least have some funds to prepare for rough times.

There is no reason to pay unsecured creditors if you’re already struggling to get by.  Helping people SURVIVE is going to be one of my priorities. 

And don’t forget to sign up for the Common Good Bank.

Right now it’s the ONLY chance of changing banking to what it SHOULD be.  Maybe others will start providing internet service, phone service and other necessities without ripping us off.

Wednesday, February 06, 2008

Mohave county attorney Michael McGill declines to investigate attorney Keith Knochel perjury

Just as expected, one scum sucking attorney protecting the other.

I had talked to McGill last week, well, what can you expect from a LAWYER?

No offense to the few honest lawyers, I know they exist.  But it sure is incredible to experience so much corruption first hand.

I just scanned and uploaded McGill’s letter and my response and attachments.

Via fax to 928-753-2669—9 pages including cover

Attn: Michael P. McGill
Deputy County Attorney
Kingman, AZ

February 6, 2008

Re: 1/24/08 letter declining to investigate attorney Keith Knochel’s Perjury
BHCPD 2008-002371

Mr. McGill:

Pursuant to our telephone conversation, I am hereby providing you with the documentation proving beyond any doubt that attorney Keith Knochel committed perjury.

1) Motive: my 11/29/07 fax to Mr. Knochel, advising that my Requests for Admissions to his client United Online will be deemed admitted if responses are not provided by the 11/29/07 deadline.

2) Perjury: Mr. Knochel subsequently provided the notarized 11/29/07 Verification, stating that he is a defendant (i.e. employed by United Online) in this action.

3) Admission: My 12/12/07 fax to Mr. Knochel regarding the scheduling of his deposition if he is in fact a United Online employee and Mr. Knochel’s 12/19/07 response, admitting that he is NOT a United Online employee.

I am of course willing to testify and to have my computer examined (the faxes were received electronically), should there be any question about the authenticity of my documentation.  However, considering Mr. Knochel’s admission, that should not be necessary.

ADDITIONAL ISSUES:

1) Mr. Knochel made numerous statements in the verified Initial Disclosures and Responses to my Requests for Admissions he KNEW to be false. 

For example, in the United Online Initial Disclosures Mr. Knochel states: 

“CHRISTINE BAKER’S actions have caused our client to incur legal fees in excess of $6,000.”

According to the 1/14/08 Affidavit of Attorneys Fees, also verified by Mr. Knochel, his legal fees was $5,217 up to and including 11/29/07.

Mr. Knochel made additional false statements in the Initial Disclosures and he also denied Requests for Admissions that he knew to be true.  I’ll be happy to provide a detailed listing of all false statements, but due to the number of lies, it will take a couple of weeks to go through the documents.

2) As I told you, I am encouraging millions of consumers to stop paying their unsecured debt and I therefore have a question for you: 

Would you prosecute a consumer who omits assets or income at a debtor’s examination?

Please feel free to contact me anytime, best by email or fax as snail mail from Kingman takes often 5 days to be delivered.

Very truly yours,

Christine Baker

I’ve been working on my new blogs, nothing’s ever easy.  But as soon as everything looks good, the Knochel blog will be one of the first ones to go live and next is the press release.

Since I read that in California you can sue for perjury by filing a tort claim, I’m wondering if I should file suit in there.  Of course I have my appeal here in Arizona superior court, but I’m obviously well above the $10k limit for justice court.  So remanding back to justice court isn’t really helpful.

I would be so cool to have a lawyer who gives damn and with the dough to file a multi-million dollar suit against United Online and Knochel.  As I was reviewing Knochel’s attorneys fees for a total of $8,475 and considering that I spent at least twice the time, I’d be happy with $20k for my costs and $50k for the stress as of right now. 

It’s no wonder I didn’t get heating in my house before winter.  Dealing with the Focus and United Online discovery issues and the United Online entirely frivolous motion for summary judgment and earning a living, when could I have worked on my house?

A few million dollars should be spent on establishing an organization that actually INVESTIGATES and LITIGATES corporate fraud.  I’m so sick of dealing with this crap.

Now that Edwards dropped out, he’s got NOTHING to do.  As a lawyer, that would be a job for him.

Any Edwards fans reading here?

How about you contact him and get him to do something useful?

Monday, January 14, 2008

Submitted my PERJURY police report about attorney Keith Knochel

Keith Knochel is the United Online (NetZero) outside counsel.

I’ve been so busy, I keep posting that I’ll scan and upload the filings and then never get to it.

Attorney Knochel BURIED me in paper good for nothing but to burn it.

They just wouldn’t provide any substantive answers to my discovery requests.  Last week I filed my motion to compel discovery and for sanctions and my deposition notices, only to find out that the case was already dismissed for lack of venue.  I’m going to appeal as soon as I get the final order.

My day started really bad today when my computer shut off a little after midnight and there was nothing I could do to get the power to come back on.  This morning I called Lenovo and it took over an hour of holding and 2 disconnects, but they got it going again.  Hallelujah!

Then I called the court regarding attorney Fulton’s subpoena, prepared the mailing to the clerk, did some client work, email, the usual, and finally got on my way to the local post-office after stopping by a neighbor who needs help getting his birth certificate and military docs so he can get on social security.  On 1/2/08 I got a notice to pick up books from Amazon because they had to be SIGNED for.  They looked all over, found nothing.  That’s the second time since October, last time they lost a certified mailing that miraculously showed up again 2 months later.  Life in the desert ... But at least I got the subpoena out.

So finally I had time to call the county attorney’s office, it was after 4 pm when I got back.  Got transferred around and was eventually told that I had to file a police report in Bullhead City, where Knochel’s office is. 

Of course I expected the police people to tell me that I had to contact the county attorney and that’s exactly what happened.

But, since I assured them that the county attorney’s office had just minutes earlier told me to file a police report, I was again transferred around and finally spoke with an officer while he was driving his car.  He took down my contact info and to my surprise, called back a few minutes later from a land line.

He didn’t sound very interested when he found out that the perjurous document was not filed with the court.  Actually, I filed it as exhibit last week, but not until after dismissal.  But he did agree to write up the report after he heard that an ATTORNEY committed perjury.

I explained briefly my case and that attorney Knochel signed my requests for admissions to United Online and that he falsely stated that he was the “defendant” and later stated that it was an “error” after I wanted to depose him.  I asked whether Knochel could be suffering from Alzheimer’s, the false verification wasn’t the only “confusion” by Knochel, but apparently he’s not that old.

The officer gave me the police report number and promised to send the report to the county attorney’s office for them to decide what to do.

And then he called me back after few minutes and asked whether I could fax the verification, he had talked to the county attorney’s office.  I think it was after 6 pm by then, can’t believe they work so late.  I faxed the Verification and Knochel’s letter:

11-29-07_Verification+Knochel-letter-pub.pdf

So that leaves me hopeful that they’ll actually DO something.  I did NOT have to say that I’m publishing and writing a book to get this far.  Of course they could have googled my name, but I think mostly the fact that an ATTORNEY committed perjury got my the report.

Why did attorney Knochel commit perjury?

The responses to my requests for admissions were due on 11/29.  I received the responses to the interrogatories that day and being the honest idiot I am, I immediately sent a fax asking whether they forgot to include the responses to the admissions.  I just thought maybe they forgot to include them in the mailing.  By law, the admissions are ADMITTED when they’re not responded to by the due date.

A few hours later, at 5:01 pm, I received an email from Knochel’s office with the responses, signed by Knochel and VERIFIED by Knochel.  Then I sent another fax asking whether he’s really employed by United Online and if so, I’d like to schedule his deposition.  That’s when he wrote back about his ERROR.

But it doesn’t stop there.  He then submitted a NEW verification by Boothby in California dated on 11/29.  I still have to file my complaint about the Cal. notary.

And then there’s the issue of United Online in house counsel Anthony DeToro attending the mediation hearing. No attorneys are allowed in small claims.  I read that while there’s no cause of action for perjury, it could be construed as a tort claim in California.  Between Knochel’s perjury, the Cal. notary (probably United Online employee) apparently backdating notarizations and DeToro, I might have a pretty good complaint.

And all this because they did NOT want to refund me less than $200.

I could see all those lies if there were millions on the line.  But these corporations are 200% vile. 

The first thing the county attorney person had recommended was to contact the Bar.  I told her that in the past my Bar complaints were dismissed.  But, since this is not just lying, that’s on my list to do too.

Also got a number to call tomorrow to order my copy of the police report.

Here is “consumer” attorney Keith Knochel’s advertisement:

http://www.lawyersinarizona.com/About_Us.cfm

The Law Offices of Keith Knochel is a general practice, consumer law firm ... The firm seeks to provide aggressive and prompt legal services with compassion and caring for those with a legal need. We are dedicated to protecting the rights of working people and consumers, and primarily represent ordinary people, not big corporations. ...

Don’t you want to hire him?

Now I’m primed for the Focus extortion complaint.

More on that tomorrow, along with Knochel’s filings and discovery responses.

And what’s the statute of limitations on perjury?  Can I still file a police report about Experian’s Kimberly Hughes perjury in 2004?  I didn’t prove her perjury till June 06.

Thursday, November 29, 2007

United Online (Netzero) suit update: court used INCORRECT old rules

NetZero had filed a motion for summary judgment (more on that in the next posting) and we previously had the trial hearing scheduled for 12/3, next Monday.  Since I haven’t received anything from the Kingman justice court about vacating that hearing, I called them yesterday. 

They told me that the hearing would be held.  When I asked what the purpose of the hearing would be since I have until AFTER the hearing to respond to the msj, she told me that I had only 20 days to respond to the motion (15 days + 5 days for mailing) and that my response had to be filed today as she would give the file to the judge for ruling on Friday morning.

I had researched the Arizona state rules and read that I had 30 days, plus 5 days for mailing.  I was transferred to Samantha who knows more about rules and she asked me what exactly I was reading.  Had to call her back to pull up the page online, Rule 56(c)1.  Samantha was reading the same rule to me, identical words, but in her version I had only 15 days instead of 30 as WestLaw had online.

Samantha told me that they were going by THEIR book and that I could find it at the law library.

I thought there must be some local rules that I hadn’t found yet and I called the library.  After several calls of the librarian to the court and researching and calling me back, it became obvious that the librarian was looking at the 2007 rules with 30 days (same as what I got online) and the justice court used the 2006 rules. 

Samantha later left a message for me, advising that the judge decided to give me the 30 days I’m entitled to and that the hearing was vacated.

Chances are that my response would still be due today and that my case would have been dismissed on Monday (if not tomorrow) if I hadn’t appealed judge Taylor’s dismissal of my case against First Magnus (now out of business) last year and I PREVAILED on appeal. 

I wasted an entire afternoon, but at least I didn’t have to waste more time on filing something today, making my 150 mile round trip to the court today and on Monday and then having to file the appeal, pay the fees, etc.

The million dollar questions:

Are the new rules not provided to the courts? 

How many people got screwed in 2007 because they didn’t get enough time to respond to motions for summary judgment?  My case # is 2339, filed 7/9/07.  Chances are, motions of summary judgment were filed.  NOBODY pointed out to the court that they have to get the new rules?

After Samantha had insisted that my response was due today, I called United Online attorney Keith Knochel to request an extension.

He wasn’t available and I left a message for him.  When he hadn’t called back after a couple hours and despite the librarian’s effort it looked like the deadline was today, I called his office again.  I was put on hold and then told “he said no.” I asked whether they wanted to attend the Monday hearing and she enthusiastically announced that they’d be there.

I was set up to be railroaded in Kangaroo Court again.

Of course attorney Knochel must know that I really had 30 days to respond and it’s very rare that an opposing attorney will refuse an extension.  But just like the First Magnus attorney, he’s a scum sucking bottom feeding lying and extraordinary incompetent lawyer and just wants to rack up legal fees.  And while he can refuse to talk to me, that doesn’t keep me from talking about him. 

His filings are mind blowing, more on that in a bit.

Thursday, October 04, 2007

Reader mail:  Can’t cancel Quicken bill pay

Hi Christine,

I have 2 accounts that I can’t get bill-pay 9.95 monthly charges off my accounts. I call quicken and I’m put on hold for a period I’m unwilling to hold for.

What is the solution?

Regards,

There’s really no solution.  I recently sued NetZero for billing after I cancelled, they finally offered to pay what they owe me (around $170), but refused to compensate me for the expense of the lawsuit and having spent over 25 hours on getting this refund.

They get away with this crap because America is run by the corporations and “consumers” are exactly that:

Human beings with no other purpose than to generate profits for corporations and their executives and shareholders.