James MacDonald v. Louis E. Kempinsky, et al.
DueProcess FirstAmendment Privacy
Question not identified
QUESTION(S) PRESENTED 1) Once again, the California SLAPP LAW has denied due process, denied equal protection, denied access to the Courts, penalized those petitioning for redress and denied even limit rights of discovery to defend against Defendants’ SLAPP motions. Plaintiff was denied discovery to prove allegations of material false statements in a verified complaint and to prove Defendants’ fraud regarding false statements and other false evidence submitted in the Defendants’ SLAPP motions. The SLAPP law has created unequal access to the Courts by allowing the wellconnected and wealthy to get away with abuses, while burdening those who petition the Courts for redress with hundreds of thousands of dollars in SLAPP attorney fees. This has created a major public policy perception that you cannot seek justice in California and has been the subject of many articles. a. SLAPP law was declared unconstitutional in the States of Washington and Minnesota, as a violation of due process resulting from substantial abuses of the law. This has resulted in unequal protection of due process between the States. The U.S. Supreme Court is asked to intervene and remedy this unequal treatment in California and between the states. b. The California law on its face, denies full discovery completely and only allows limited discover if the Court approves it, which is seldom granted, i c. and denies the Petitioner the right to amend a complaint, even though corrections or other causes of action may make the complaint viable. MacDonald was twice denied the right to limited discovery in two separate SLAPP hearings to depose the Defendants about their false statements in a verified complaint and their false statements in their declarations in the two SLAPP Motions. Instead, the Court accepted these statements at true and correct and ruled against Plaintiff. California's SLAPP Law violates the California Constitution and the U.S. Constitution by denying the right to due process. Defendants filed a false verified complaint and filed an unauthorized false petition and then false declarations in the SLAPP to protect those frauds. Plaintiff was denied any rights to defend himself and uncover the fraud in the SLAPP motion hearings. i