Oh did you get your count all right okay okay we'll continue now now to go back to the beginning of this today's Tea Party and talk about one thing is I hope that I can impart something to you that will enable you to win because I love to win I hate to lose I'm not interested in riding a rocket and outer space if I'm going to burn up on re-entry I want to win on the win now We're going to discuss for actual cases of real live people let's go back and review courts of inferior
jurisdiction where we have to start out how do they get jurisdiction that's right from pleading sufficient and VOC their power to act and where do they get these pleadings they get them from the people that are litigating when they do it right we have a constant such means that before we know what any statute rule Constitution means we're going to have To look at what the supreme courts have ruled and determined that it means and we find that where and the state annotated jurisdiction is a four legged table you've got to have two people get
to have the subject matter you've got to have the competent with if any of those elements is missing the table falls down it's void and is subject to being vacated now we're going to start looking at some actual cases the first case they will tell you about is Tim now before I Tell you about Tim there is a pass out in your materials that I that I hope is handy and this is a letter to a collection agency anybody ever heard from a collection agency okay there is a letter to a collection agency that I
have used by count nine times there has yet to be reported to me a single response this letter will empower you to learn do what yeah I think it is yeah it's this page it's this page this empowers you to learn what are the People they're calling on the phone and writing threatening letters have the authority to do that if you send them this letter you will find out fast whether they do or not because you'll probably never hear from them again used it nine times nobody's reported to me that they've ever heard from them
again which tells me that those collectors were trying to run a con game if they had legitimate rights they would have pursued them but They didn't have legitimate rights and once they were confronted with something that was sufficient then they decided that they better go pick on somebody else now this brings us to Tim a real-life person that I work with and this happened three years ago just happened to run into him at a hockey game and I don't go to marry any hockey games but anyway ran into him a hockey game and Tim said
with a great deal of urgence in his voice you're a lawyer Aren't you no no Tom no lawyer we do legal stuff well yeah I do legal stuff what's your problem it's well I've been sued how do you know well they sued me I got this I got this summons said you've been sued I'm going to have to go to court they sued me I said well maybe maybe you've been sued maybe have it now why did I say that well because I suspicioned that it would be the typical BS and again what was I
relying on I was Relying on the law because the law says in a disputed matter a disputed matter does not become a case for a proceeding until the law provides for a hearing before a court and therefore any matter is first judicially determined in a court of some nature in other words until you've put the forelegs under that table it's not even a case yet it's not even a case not again I'm not saying this because I love it I do but I'm saying it's because the law This could go with those others for copying
back there so Tim thinks that he's been sued and probably 99% of all lawyers and even a lot of judges probably thinks he was thought he was sued who and I said okay here's what you do to bring me the paperwork he brought me the paperwork and I looked at it and I said you haven't been sued yet and he said but it's a summons and it says you have been sued you have 20 days to answer and I said yes but you haven't Been sued yet and here's the reason why now Tim's too young
to remember very much about Judge Walter the judge Wapner always began by saying I've read your complaint I know you've been sworn there was nobody in here swearing who was injured somebody says I'm injured then you've been sued but until that competent witness appeared it's not a case yet that's what the law says and I said here's what you want to do go down to that courthouse you asked for This case file number you look in there and you tell me if you see in affidavit because if you don't see an affidavit in there they
have yet to name a witness if there's no witness there's no injury if there's no injury there's no wrong there's no wrong there's no remedy there's no case all right so he went to the courthouse and lo and behold when he looked in his file there was no affidavit and so he calls me and he says well now what do we do exactly okay here Is exactly what to do you compose a letter and it goes like this it is not now nor has it ever been my intention to avoid paying any obligation that are
lawfully owe in order that I can make arrangement to pay the obligation which I may oh please document and verify the obligation so you make two copies you carry it over this lawyer's office you asked him to sign for one of them and then you ask for the documentation of the Verification now we know from this morning who can document verify that can that attorney know he can't do it and I'd already coach team of what to say because I was always already anticipating what would probably said now attorney said well you're here to start
your installment payments we'll get you started Tim said no I'm here for the documentation of the verification of what I owe oh well yeah we can document That we verify that we get you started on some payments that will be easy for uniform no no no I want you to document and verify what I owe as I said well now if you're not going to cooperate we're just going to have to go ahead and sue you he said no you're not cooperating because I've asked you to document and verify what I own you're not doing
it now then the better so what we did is we answered their suit but we also counter sued them For fraud and bad faith because they had advanced documents expecting another person to rely on them which were they would surrender money property or rights that they had to know were false how did they have to know that they were false because that attorney had an obligation under oath to make an inquiry reason one of the circumstances to determine whether or not there was an actual obligation and when he couldn't document mean how hard could that
be to document And when he couldn't document it that's told this that he had committed fraud but he'd committed fraud in the name of the finance company that was now suing to him for a deficiency now this tea party went on for well over a year and twice they tried to get a summary judgment against Tim the lawyers wanted their money they wound up there was a team of three against him that usually how it works out these guys are so confident in themselves pleading yes to Pro se that they have to show up with
a posse but let's look at the second response to the motion for summary judgment that's part of your materials unless identified as defended encounter claimant John Doe citizens response to plaintiff and defendant on counterclaims motion for summary judgment okay what's our what's our premise we're going to proceed under plaintiff and defended on counter claimant counterclaims motion for Summary judgment is a substantive and procedural nullity pretty heavyweight words for somebody representing themselves going into court brief and support plaintiff and counter claimant has placed no facts on record no fact appears on record whether by deposition admission
answer to interrogatory or by affidavit to suggest or to support the environments of plaintiff and defendant on counterclaim its pleadings documents proffered by Dewey Cheatham it's not the Attorneys real name are unverified out-of-date irrelevant and inadmissible the record shows that the defendant and counterclaim of John Doe citizen has testified and testifies again infra establishing that material facts to which there is substantial controversy are at issue in this case what's accomplished in this first paragraph first of all when you're when you're in a pleading form you want to know what it takes to win with that
form and when you Want to win against a motion for summary judgment you've got the state that there are is a controversy if there's controversy there can't be a summary judgment and you're stating that there is a controversy and so the court cannot decide this against you and you're also saying that the only person that said anything in this tea party is an attorney and I don't care how high the stack of paperwork gets from an attorney It never never rises to a level of fact if you look at the clear letter of the law
as determined by the Supreme Court's judges now you're supposed to look at it it's not supposed to be noticed by the court just like Sanders Saul's down there in Florida with those stacks of 20,000 ballots in there it wasn't noticed by the court because it didn't come through a competent witness now we go ahead and state what We feel the controversy is and then we come down to the argument and authorities which is the holdings upon which we are basing our empowerment of the court this is how we empower the court to make a ruling
favorable to us argument authorities statements of counsel and their briefs their argument are not sufficient for purposes of granting a motion to dismiss or for summary judgment transy versus Pagliano unsupported Contentions of material fact are not sufficient on motion for summary judgment but rather material facts must be supported by affidavits and other testimony and documents that would be admissible in evidence at trial and it gives the authority for that where there are no depositions admissions answers to interrogatories or affidavits plaintiffs motion for summary judgment could not be considered under district court rule Oklahoma statute 12
chapter 12 rule 13 Providing for judgment where facts are not controverted in as much as there was a complete absence of any requisite basis misspelled basis there for proper determination that no substantial controversy existed and it's coming from where our annotated statutes any ruling on a motion for summary adjudication must be made on record parties have actually made and not upon one that is theoretically possible and then I go Ahead to list some other authorities there but it goes right directly exactly to what we've been talking about the other side was not entitled to a
judgment they hadn't even established a case yet do you think that this is unusual I estimate that this has happened 50 million times in this country because our legal system is so rotten attorneys are so lazy incompetent and utterly stupid so actually happened in the case well What happened is they fought on for about another month or so after this and they called him and they said we will leave you alone if you'll leave us alone will you please leave us alone we please drop your suit will drop our suit if you'll drop yours well
I left it for Tim to decide what to do because I wouldn't have dropped it because I want to win but he'd had enough after nearly two years of having these people as if they had a gun at his head that he was Running ready to drop it and and let it go but I hope you agree that in the time from when he frantically said I've been sued and when the amount that they were claiming that he was going to have to pay was about six thousand dollars to actually being able to walk away
was not just a victory it was a tremendous victory in the context of a system if the pleadings are right you can win that's the tenth story you'd like to ten story now we're going to Talk about the Dorothy story anybody here ever had a credit card that they kind of had some problems with I'll tell you this credit card business is a racket in it it's horrible that's horrible well Dorothy who is now 70 years of age had a credit card like most of the rest of us do and you know those things are
just addictive and that credit card just got to have a bigger and bigger and bigger outstanding balance and it eventually got to the Point that it was just she was never going to be able to pay it off all she could do was just manage to make the monthly payment on that thing which with its excessive interest rate means that you're may never pay that thing off Dorothy paid conscientiously it probably would have on and on and on except she had another little problem called the IRS the IRS worked her over and by the time
the IRS got through working her over she was ready to quit work and when She quit work she did not have the financial means to pay that credit card credit card went into default and then what happens when a credit card goes into default usually what they usually do they sell it they sell that obligation unless it unless that promissory note is transferable and even then only with proper notice if you sell it it's dead it doesn't exist anymore it's gone killed it says well it depends on Whether there's a transfer clause in it and
if there's a transfer clause it can be sold if they give you proper notice well we'll have to get to that later we'll try to we'll try to work that one out in the afternoon session so anyway here's Dorothea defaulted on this credit card and by the time she defaulted on it the balance on this thing was six thousand dollars she sued by a lawyer in the name of the company that had the credit card now she had been Unfortunately at that time held back by tether because she thought she might be protected if she
wrote on the outside of that summons refused for fraud and returned it anybody heard that one okay didn't work it didn't work that attorney got a summary decision against her for $6,000 now then a little bit over a year later she is compelled to go into court on a hearing on assets and strangely enough that $6,000 has managed to inflate to $14,000 how does that happen I think it's called greed and so she appeared in court and that attorney said oh you better get an attorney you're in big trouble you need help you better get
you an attorney you need an attorney better get your turn well Dorothy did get an attorney what we did is because we looked at the record and saw that it was the typical atrocity that had not been done properly we launched a collateral attack and this is the last effective pair of pleadings That were filed in that attack we sued another court in other words a collateral attack now in these cases these are real cases what I've done is is go through them and attempt to remove anything that would that would actually identify the people
in the interest of privacy so if you see something there that leads you to conclude that you might be able to discover who that is please ignore it but this is this is the pleading that we filed because we filed Our own petition to vacate this void judgment and we parried with and for a while now we're going to come along and we're going to file our motion for our summary we're going to get summary judgment against them and so we'll read a little bit of that mark you want to read the first page their
plans response to defendants motion to dismiss plaintiffs motion for summary judgment brief and support a plaintiff's response to defendants motion to dismiss Defendants motion to dismiss as a substitute and procedural nullity defendants motion to dismiss is frivolous on its face if dismissal motion also tenders for consideration materials outside of pleadings summary judgment procedure must be utilized Bray versus Thomas energy systems incorporated fact is material for purposes of motion for summary judgment if proof of that fact would have effect of establishing or refuting one of the Essential elements of cause of action Brown versus Oklahoma State
Bank & Trust & Company of Vinita unsupported contentions a material fact are not sufficient on motion for summary judgment but rather material facts must be supported by affidavits and other testimony and documents that would be admissible in evidence at trial Sinko enterprises incorporated versus bencao statements of counsel in brief or in argument are not sufficient for a motion To dismiss or for summary judgment transy versus pagli arrow where there are no depositions admissions answers to interrogatories or affidavits in support of motion for summary conclude the motion cannot be considered see Homa statutes title 12 pro
se litigants cannot be dismissed for failing to state a claim upon which relief can be granted see Hanes B Turner although purl F Hirsch might presume to advise the United States Supreme Court This court has knowledge that Dorothy L citizens procedural due process rights require opportunity to present evidence on her claims Dorothy L citizens petition to vacate a void judgment is procedurally proper placing substitute fact issues before this Court would be it unreviewed unrebutted after affidavits see exhibits a and B you know stop right there so starting to sound a little bit familiar see a
lot of this stuff is just So simple that we cross over at several times before we actually realize what the deal is it was after the summary judgment had been granted by more than a year now Dorothy didn't know to take it to appeal but I wouldn't have taken it to appeal anyway because I want to collaterally attack that void judgment collaterally attack means that you file your own suit for its removal see because it's a new suit it's a new suit dorothy was Clobbered with a suit against her now she turns around and she's
got clobber them claims that your yeah did everybody hear the question the question is that statute in Oklahoma provides for sanction against lawyers that have advanced a false suit in our pleadings that was there we're not done with this yet and our original pleading it was there bring it up front that's what we did yeah yeah and see when you Can take it many chances that justice as you can see it's just like a question on appeal and we won this deal but what if we hadn't won it well it's just like we did ask
for the sanction and we didn't get the sanctions but we can still sue in this case doesn't matter doesn't matter it doesn't matter it doesn't matter because actions for void or the queen of the chess board condemned anytime anyplace anywhere in any court of competent jurisdiction you can have An appeal pending and still attack it in a collateral attack that's why it's called collateral no no I don't know I don't know this collateral attack you find in the same work as a different case the question is in the collateral attack is it filed in the
same court as a different case and it depends on the state some states will ask you to go back into the same court some will ask you to merely go back in the same venue In Oklahoma you have to go back in the same venue but you want to file a separate suit which gets you before a different judge you're not asking the judge to review his work that's why although it is possible to move for vacation of a judgement I don't recommend it the latest question before that was does the law of voids apply
to grand juries and my answer is I don't know Debra you want to come up and read a couple of Pages now in this in our motion for summary judgment against them they responded and we up to their response now I did this for two reasons first of all because their response was not legally sufficient but also I wanted to give Dorothy who is 70 was supported by debra and a couple of other friends a little bit of emotional currency when she went into that courtroom to argue against one attorney with two backup I mean
I guess they think they're Strengthened members or something I don't know but there were actually three attorneys involved against the 70 year old woman and she was terrified said Dorothy you just got to think about what's at stake here if you don't get this 14 thousand dollar judgment against you removed your run to financial you're just absolute your run because you'll never pay it off they'll take any property you have and it's just a terrible so what we did Is we objected to their answer and Deborah is going to read the objection okay this is
page one of the last two pages that are attached to that pleading objection plaintiffs objection to defendants unverified motion to dismiss and defendants unverified response to plaintiffs motion for summary judgment report defendants motion to dismiss can be lawfully considered by this court defendants motion to dismiss please Mathers off Record if dismissal motion also tenders for consideration material outside of pleadings summary summary judgments procedure must be utilized Bray versus Thomas Energy Systems fact is material for purposes of motion for summary judgment is proof of that fact would have effect of establishing or refuting one of the
essential elements and of cause of action Brown versus Oklahoma State Bank & Trust of vineet Oklahoma unsupported contentions of material fact Are not sufficient on motion for summary judgment but rather materials material fact must be supported by evidence affidavits and other testimony and documents that would be admissible in evidence of trial at trial cinco enterprises versus benzo oklahoma defendants response to plaintiffs motion for summary judgment cannot be lawfully considered by this court defendants response to plaintiffs motion for summary judgment contains objectionable Hearsay are articulated as fact number one through fact number eleven and additional material
facts not in controversy articulated as a Exhibit A through J statements of counsel and brief or argument are not facts before this court statements of case in brief or in argument are not sufficient for a motion to dismiss or for summary judgment Trinity versus pack the arrow where there are no dispositions admissions Answers to interrogatories or affidavits in support of motion for summary conclusion the motion cannot be considered oklahoma state title 12 chapter 12 rule 13 conclusion determination by this court that Karl F Hirsch has not named a fact witness for any of his unverified
allegations and has not supported his allegations with everyday affidavits of competent witnesses justly requires that neither oil oral or written pleadings on behalf Of the defendants be part of the record Thank You Deborah starting to starting to get real familiar or somewhat familiar and see it's simple isn't it am I am i delusional or isn't this really pretty simple okay question the question is if the attorney had a power of attorney for the witness would he be able to speak in the court and we give you my opinion my opinion is no it's not the
purpose of a power of Attorney purpose of power of attorney is for documentary utility it's not for the purpose of witnessing and the reason that I believe that and I've actually seen attorneys do this you know I've actually seen attorneys file affidavits an attorney file an affidavit they can they can they can file an affidavit only on what they're charging they can only swear to what that charge the client they can't file an affidavit but I've actually seen attorneys in two cases File and affidavit and begin it based on reasonable information and belief that's not
affidavit that's not an affidavit it has to be based on actual knowledge now if you want to pro forma for an affidavit look at the affidavit in the case that I called Tim that we looked at first there and your affidavit short positive statements of fact an example if you're writing an affidavit don't say I don't owe these people money it's an opinion say I am NOT in receipt of any Document which verifies that I owe them money that's a fact all in how you say it and this war is a long ways from over
they're still going to be some bloodshed in these courtrooms but the judicial industry is starting to pay attention for two reasons they're seeing an increasing number of pleadings that are correct do your pleadings correctly and they're also starting to look over their shoulder because they realize that they Are being watched and that the tide is turning and they're going to have to decide where they want to be when the whole thing sorts out the tide is turning so if you're in need of an affidavit and you will be there are rare occasions when I will
submit any pleading without an affidavit because if it goes to a fact issue and it is not rebutted that is an automatic win in a court of competent jurisdiction so what happened in Dorothy's case did the Attorney get to clobber her for $14,000 that Judge was kind of like the Wicked Witch of the West she struggled in struggle but she finally vacated that judgment has a void and I don't think it was because she has an overwhelming sense of justice I think she was painted into a corner and realized that the only safe way out
was to vacate that judgment according to the proper pleadings everybody hear that okay don't be afraid to do that don't be Intimidated by them attorneys and even judges are in a slave master relationship to me servant master relationship guess who the servant is and guess who the master is that's exactly right and it's the theme that's going to keep coming across when we're talking about the courts there are servant they're there to serve us but we've got to know how to make them service and we'll never make them service if we don't do our pleadings
Correctly even though they are the guardians of our Liberty we can't count on them to tell us everything okay so that's another that's another victory for the little people improperly the question is is if a judge issues a void judgment do you include the judge in your collateral attack is that the question the answer is no is the judge immune from attack no I think I've got a document for you on that He does lose immunity and I've spent a lot of time studying judicial immunity and I can guarantee you that many times in print
in the law books and even in the annotated you'll see a statement like this judge who acts in clear absence of all jurisdiction is deprived of immunity cite omitted cite omitted they don't want you to know that cite but I've got probably the very best one I thought about it with me but I can't lay hand on it but I'll see if I can Find it later because you can sue that judge because he didn't have jurisdiction there's only two things that you can see a judge for one is acting without jurisdiction and the other
is for commission of an act that's clearly unlawful which includes fraud by the way question is why don't you bring the judge back into the collateral attack that's the question the answer is he's not a proper party you don't have Standing to sue him for that you do have standing to sue but not for that oh no no doubt taking jurisdiction or you didn't calendar that it is not this place to have to bring it out the judge is supposed to know it and he's not supposed to okay I think I understand the statement or
question a court meaning a judge can determine their own jurisdiction that isn't mean shall it means can it means That they can look at a matter and say well I can't do this one or they can look and say yon I've got jurisdiction here that doesn't necessarily mean that they have jurisdiction but they can make their own determination on jurisdiction and that's why you do not do a direct attack by motion because you're asking that judge did you have jurisdiction here as you guys say yeah sure did why oh yes I think you'll see that
you'll See that in the pleadings in the pleadings you will see the jurisdiction because that's what you want to do is you want to tell the court what's their authority attacked but there's a second half to your commentary and that half is that once jurisdiction is challenged it's incumbent on the other side to prove the jurisdiction not the court it's in other words if you say well this Court didn't have personal jurisdiction over me on this because I didn't know About it they have to prove that you got service court doesn't have to prove it
they have to prove it so whenever jurisdiction is challenged it's incumbent on the opposing party to prove the jurisdiction you're absolutely right did everybody hear the question question is if you don't challenge jurisdiction can you bring it up later and add the quit the answer is absolutely because the jurisdictional question can always be Raised and subject matter jurisdiction is never waived it's never waived it's impossible to waive subject matter jurisdiction absolutely impossible which means that if they have personal jurisdiction and they get a default if there was no subject matter jurisdiction subject to attack subject
to time all right these these are two cases that were fought on the defensive so the question probably occurs to some of you can can we fight on the offensive what Happens when we go on the attack against them do it do it just do your homework this is a real case and this is Bobby's case and Bobby's two sons were driving down to McClain County Road in a rainstorm back a couple of years ago almost a couple years ago and the county doing maintenance on that road had dumped a pile of gravel completely across
a culvert about three feet high they ran into that pile of gravel totaled a pickup truck both of we're Injured but up pretty badly a lot of cuts in his face glass and everything and they went to a licensed bar associate attorney took their case kept it for over a year then without requesting to do so he dismissed the case and sir and resigned so you don't have case you know have case and his logic was there are quote a myriad of defenses for the county of McLean County under the Oklahoma maddest municipal tort Liability
act well to me what this immediately meant to me is that this attorney didn't smell enough pay dirt in this one to make it worth his time but instead of being honest and saying you know I'm a greedy sleaze I'm a greedy sleaze and it's lawful what I can really make some big bucks I don't care about your problem that's what he should have said but instead he lied to him anybody ever encounter an attorney that tells a lie okay That's a real good possibility gentleman's commentary was he might have received more money from the
other side does anybody not believe that that happened okay so where does this leave Bobby and his two sons in this whole deal well what we did is we repleted this case and we didn't have much to go on because they wouldn't tell us anything we had to use a deposition to find out who dumped the gravel we also coincidentally had a great shock and Surprise to their attorney used the deposition to prove the case because before I went into the pleadings I went to what yes the state annotated I found out what you have
to prove what is your burden of proof what do you have to show and everything that we had to show in the suit was posed as a question in that deposition were you doing maintenance on the County Road yeah thank you and so we just crossed all the t's dotted all the i's and we had already Put pictures as well as affidavits in the file file those affidavits testifying they're not rebutted they become evidence they're not challenged they are testimony and so this one worked along for a while and it looked like they were going
to they being the other side the county commissioners as well as their attorney was going to try to drag it out for as long as possible and was probably going to try to block it and so this is what we filed I'd ever You want to come up read the first page of this read a couple of pages of can application to amend petition and claim barber Dean citizen senior Judi citizen and Bobby Dean citizen jr. and Matthew butch citizen aggrieved parties petitioned this court for redress of injuries to persons of Bobby Deen citizens jr.
and Matthew Bush citizen damaged to the personal property of Matthew Bush citizen and collateral Damages of Bobby Deen citizens senior and Judy citizen caused by the breach of duty by employees and officials of McClain County first cause of action McLean County employee Ronnie Lynn McCaskill supervised by McClain County employee Terry Daniel performing proprietary functions on a McClain County rural road on April 26th of 1999 was now negligent causing injury and damages testified to infer mr. McCaskill performing proprietary functions Completely blocked and open and commonly used Road by dumping a pile of gravel that completely covered
the passable roadway totally preventing safe passage the pile of gravel gravel dumped by mr. McCaskill made it impossible to drive over or around the obstruction the negligence of mr. McCaskill was compounded by his willful net negligent to mark a frequently used County Road under maintenance with safety warning signs and barricades Bobby Dean citizen Senior and Matthew Bush citizen exercising proper care and caution that reasonable reasonably prudent persons would have used under the same circumstances and devoting full time and attention to driving had no means to know of the hazard in the roadway for want of
proper warning signs and barricades the citizen vehicle struck the gravel totally up cured by a heavy rainstorm if mr. musk kaskell had placed proper Warning signs and barricades Bobby Dean citizen jr. and Matthew boot citizen would have stopped averting integer injury and damage even if rainfall obscured their vision McClain County had a duty to protect the driving public by the supervision of placements of signs and barricades McClain County had a duty to protect the driving public from harm see Neal vs. Donohue mister McCaskill breeched McLean County's duty not to make the roadway dangerous for ordinary
Use under these circumstances and not to permit the highway to become dangerous for ordinary use under the circumstances McLean County's breach of Duty resulted in injury to Bobby Dean citizen jr. and Matthew boots citizens see transcon Lines corporation versus Cornell Construction Company the accident did not relate to discretionary placement of traffic control devices but the placement of hazard warning signs a municipality head has an ongoing duty to Warn of known danger dangerous conditions of the road the duty to exercise reasonable care to maintain safe streets includes an obligation to barricade or light the dangerous conditions
or in the alternative to prohibit use of the street McClain County is not immune from suit there shall be a remedy afforded for every wrong oklahoma has waived counties and unity for occurrences right arising from Proprietary functions let maintenance of a County Road is a proprietary function counties are liable for tourists conduct arising from proprietary function McClain County as well as McClain County's commissioners have Cognos eyes concordance Rd they know about it proprietary nature of a county road work the April 26 1999 action of McLean County by and through Ronnie Lynn McCaskill were not for
the purpose of governing the people of McLean County But for the private advantage of inhabitants of the locality and the county Bobby Dean citizen jr. and Matthew Bush citizen have each suffered personal injuries in the amount of at least $2,500 Matthew boots it is suffered damage to personal property of at least $3,000 second cause of action aggravated I'm sorry that wasn't falling out I with the injuries of Bobby Deen citizen jr. and Matthew Bush citizen Bobby Deen citizen senior and Judy Citizen have suffered discomfort annoyance and inconvenience as derivative of the breach of duty of
McLean County which resulted in injuries to Bobby Deen citizen jr. and Matthew good citizen Bobby Deen citizen Jean senior and Judy citizen were compelled to furnish Matthew boots citizen with a vehicle had an added jeopardy of having to co-sign on a new vehicle long for Matthew boots citizen and suffered emotional anguish discomfort annoyance Inconvenience directly due to the bad faith and irresponsibility or irresponsible demeanor of McClain County officials see Walker versus city of Moore and Cunningham versus city of Ardmore Oklahoma rehearing denied Shusher Terri denied Bobby Dean citizens and Judy citizens injuries are not less
than $5,000 third cause of action McClain counties officials have been grossly negligent committing acts that if done by a private citizen would Immediately rise to a level of malicious mischief McClain County officials failed to properly train and supervise Ronnie Lynne McCaskill according to the universally applied mandates of the manual on uniform traffic control devices and in the present occurrence specifically part six even after informed of the incident McClain counties officials felt you are at the hazard and also fail to inform train and supervise Ron Eaglin McCaskill A jury's determination plain County officials have been grossly
negligent warrants it's exemplary damages significant enough to be instructional to the claim county officials to bring about proper and response responsible concern for Public Safety the matter of Bobby Deen citizen jr. versus McLean County is ripe for adjudication in a good-faith effort to resolve this manner Bobby Deen citizen jr. have exhausted all remedies including the procedural Require requisites of the Oklahoma governmental Tort claim act the notice given by Bobby Deen citizen jr. and Matthew boot citizen is significant and so as not to preclude the claims of Bobby Deen citizen senior and Judy citizen arising from
the same track section occurrence seawalker supra arguments and authorities there shall be a remedy afforded for every wrong Oklahoma Bill of Rights article 2 section 6 Oklahoma has waived immunity Insofar as counties are concerned and addictive of a proprietary function is that it is quasi private in nature and exercised not for the purpose of governing its people but for the private advantage of inhabitants maintenance of county roads is a proprietary function counties are not immune from liability for tourist conduct occurring during the performance of a proprietary function the liability of the state for tourist contact
conduct Arising from the performance of a proprietary function is analogous to that of a municipal corporation Terry versus edge in Oklahoma remedy sought a jury's determination that McLean County breached duties causing injury and damage justly requires compensating Bobby Deen citizens Jr in the amount of $2,500 Matthew good citizen in the amount of at least $5,500 and Bobby Deen citizens senior in an amount of at least $5,000 plus cost and compensation for Time spent litigating a jury's determination that McClain County's officials have exhibited a demeanor that is outrageous warrants exemplary damages any should beside you deserve
you deserve a hand for that thanks for reading that ok so we can play offense - we don't have to display defense when we have something that's the needs there needs to be a suit for we play offense how did this one work out it's not quite done yet and I'm not sure that that attorney on the other side cried and wet his pants but he did say would you please write up a settlement proposal and tell us what you'll settle for ok over the remedy question is under the Oklahoma tort liability Act what are
the remedies that you're required to exhaust the answer is you have to actually submit a proposal to the municipal government stating your damages and the occurrence they have an Opportunity to examine the claim and pay or make an offer on the claim if you don't do that you can't proceed that's your administrative remedy in this case they denied it they totally denied it we didn't anything wrong I went out and looked this culvert completely was underneath the roadway if you'd have driven on either side of it you drove your car the gravel was that tall
and to show you what a dummy this attorney was in the deposition are we really ambushed Him because he told this Ronny Lynne McCaskill just go in there and lie and say the roadway was passable and he thought that little why would establish a controversy that they could hang your head on there are a few people on the internet that have named me the Michelangelo of legal writing that makes me feel good makes me feel good I hope I someday actually deserve it but in this I'll tell you a little secret I went to the
state annotated and I Learned what it took to make the case and then I went to the court files and I pulled the actual file of the actual case that Oklahoma relies on is the landmark case on municipal tort liability in traffic claims and I made notes I didn't plagiarize any of the work but it did make notes because I wanted to know what what do we need to show to win and what can they do as a defense that's why I covered Basse here's a defense that they could have said they could have said
well these guys weren't paying attention to what they were doing if they'd have been careful they would have been in an accident 'we know we're going to open that gate and close before they get there we're going to say no they were devoting time and attention to driving just like a prudent person was only that buddy here's the affidavit on it again Statements of fact it doesn't state an opinion but it states a fact as far as what we have to prove you can discover what you need to prove your case we needed to prove
that McClean down McClain County has a duty to protect that they have a responsibility for the supervision and placement of signs and barricades that they have an obligation to the public not to subject the public to harm that they breached those duties making the heart the roadway dangerous You put that all in your pleadings your whole argument there and support it with affidavit you open those gates and close them before they have a chance to go there and argue against you a defense they could have said well you know we don't have any obligation to
put up the traffic control devices well yeah you do in this case because this is not about traffic control devices this is about hazard warnings so we're going to make that clear that we're talking about the Absence of any hazard warning being placed there you had an obligation to do that to light it and barricade it you didn't do that and this was a proprietary function that you guys were out there doing anywhere because if you light a municipality claimed that they were doing something that was a governmental function they're going to win you say
no no this wasn't governmental function this was a proprietary function and you know what Not only do these things that we had to be able to effectively plead rightness gross negligence and all of these other elements were posed as questions to their witness he testified for us we got him to do that his attorney said I just go in there and tell him you left the roadway passable feel sorry the question is did the other attorney not show up in the deposition an answer is yes he was there my inference is that he had told
the guy Just answered that you left the roadway passable you'll do all right he didn't think ahead of us and realize that we were going to have 25 questions that proved our case and we were going to get him to say you were there doing proprietary functions yeah we were going to cross every single one of those because it was done for the residents of Louisville Cal and not in the interest of exercising the powers of government so in other words if you have roadwork That needs to be done in front of your house that's
really for your benefit you and your neighbors that's a proprietary function and when you establish that on the record now we've got our witness we've got his witness that proves our case and so after they saw this they were ready to throw in the towel we haven't got the payoff yet but I expect we will I don't have a copy of the settlement with me that question is how did we Submit a a settlement proposal and I wrote a settlement proposal and then it was mailed to the attorney from the other side and they're supposed
to give us an answer by I think week from today oh yeah no it's something they solicited something that they said they in effect you're going to win and we're going to lose so tell us what you will settle for so we can save ourselves the expense of going to court is exactly what they were saying in as many words but I wrote a Settlement proposal but the first statement in that settlement proposal is that their attorney will actually write the settlement contract and I did that for a reason and remember this any time you
have an opportunity to enter a contract with somebody else make sure that they are the author of that contract unless you are supremely confident in that contract and reason why if there any vagaries and consistencies in that contract its Interpreted against the person that wrote it they remember that so that's the first thing to say okay we're ready to settle but the first thing you guys are going to write the settlement contract the settlement did require that they conduct a risk management seminar based on the manual I mean you guys are dangerous you're carrying you
out they're dumping gravel on roads and not even put up a warning sign so what if it was raining what if they'd been dark You're gonna get somebody killed stop it so that's one of the things that we put in the settlement is they have to conduct a risk management seminar so they can learn how to start marking these roads and it asks for damages that probably even after the horse straightens done will be about three times what they would have settled for in the beginning might even been enough to attract the attention of the
license bar so if I don't know that so the question is am i aware of any procedure that can be used to conduct pretrial discovery is that the question the answer is absolutely you're entitled to discovery and withholding discovery is actually a felony no not prior to the case being filed because you don't have any authority to ask for this discovery you can ask for it but you don't have the authority to do it after the pleadings begin you ask for your Discovery and if you don't get your discovery items you can file a motion
to compel and if you still don't get your discovery items you can file a motion to sanction but that's often done they will often block the case by refusing to give you evidence but you you can get that evidence and that's one thing where the courts up there if there is an area where the courts tend to lean in our favor it's on that because it's just absolutely too outrageous to deny you a Clear request for the information that will enable you to plead your case that's one place place where they're really not going to
play games with you here I think you're asking for a comment on Oklahoma's court customs as far as pleading the jurisdiction we played our jurisdiction to act it's under the Oklahoma mystile tort liability Act and it's also under the Constitution so when you get back here to argument and Authorities we pled our authority to act so they can't challenge us on like a subject matter jurisdiction because between this right here and the affidavits we put four legs on that table it's true that attorneys are very very sloppy about not stating the court's jurisdiction that doesn't
mean that the court doesn't have subject matter jurisdiction it just means that it makes it easier to challenge the court's jurisdiction if they don't say What you know where they're coming from the Civic at the other side has proceeded against if you don't know what statute their pristine and therefore seems to be requiring federal diversity okay that's the yeah that's a little long to try to try to repeat but you're saying is it does it pose the jurisdictional challenge if they don't state their jurisdiction up front and The answer is it does but it's not
a card I would play in that way what I would do is file a motion to dismiss for failure to state a claim upon which relief can be granted what's that motion to dismiss okay okay failing to state a claim upon which relief can be granted means that you are not proceeding under a common law authority as a person with standing to proceed under that common law authority you have to establish two Things and that's why I'm going to state the common law authority but I'm also going to show that I have standing see these
people had standing because they claimed that they were injured they're the injured parties that give them standing now then in the reverse of that argument under Haynes beaker no you can't be dismissed for not stating that the court has an obligation to tell you what you should be proceeding under but that's a pro se litigant that's not a That's not an attorney and going back to the original statement are these people sloppy yet they're terrible they're terrible but the more terrible they are the more I love it I just you know I just absolutely love
to take on attorneys or teams attorneys and beat them at their own game does the old part determine right the question is when you file a motion to dismiss for failing to state a claim Upon which relief can be granted the question is do they have an opportunity to amend their pleadings and they do as a matter of law and so to you they have an opportunity to amend because the motion to dismiss for failing to state a claim upon which relief to be is to be granted is aimed at eliminating a totally frivolous lawsuit
it's not aimed at eliminating a valid lawsuit that just happens to not have the correct paperwork it's a chance to Correct the paperwork eye-to-eye is a trespass and so assuming for the general facts in the court was one of the jurisdiction so therefore he even kept your 60 days violations in federal court so I'm surrounded so the agent hit mistake for this attorney removed it from State Board back to federal court that's through that first time throughout the second time and told the US attorney don't bring this case back into my court because it doesn't
Belong here so with that state court and in the removal statute the judge said at once they remove metaphor back to state court now be required back in cut important so the case was still said in state court but unfortunately I was I was transferred out of state so were they before back agents state court but I thought it's kind of interesting for the judge they will be prepared wait in surviving my rice o FF oh right it's Logical to assume that that's where you go but that's but when actually ask that whopper to say
is that what he said with the court the federal court the one defended jurisdiction so it is the favorite judge mouth constantly still there but that's what he was saying villagers you want to answer that government employee is acting within their authority and they snap into what the law says you can't touch it you can't Touch it up however these ages were active outside of their authority there well that's what hand just came to well lead with live over in Bobby's taciturn to last year ten years over here you're right they apply well so what
jurisdiction okay I'm going to start on the story and we're going to finish that after a lunch break back about probably about six weeks ago I had somebody called me from Arizona that had learned about me on the Internet And the call went something like this next Thursday and this was Thursday and it was talking about the following Thursday there's going to be a sheriff sale on their property and we've got a six point eight million dollar judgment against us can you help us you know what I answered probably probably the reason I said probably
the reason I said probably is because I have looked at so many cases and I can tell you that at at least half of them if not more of them You can depend on the attorneys to screw it up so bad that it will be an absolute atrocity and can be attacked but can you imagine being in their position and these are ordinary folks just common ordinary folks six point eight million dollars in judgment against them and their property was going to be taken in a sheriff sale we will pick up on a story after
lunch if everyone wants to take a lunch break let's try to be back they're lawyers they're lawyers they're Lawyers cannot you can almost depend on their lawyers making mistakes almost always I shouldn't say almost always a lot of the time I put it that way let's let's be back here ready to go by two
