Good day, eh. Well today’s topic is: Meet the new judge in the San Jose TRO for Workplace Violence case. Yes, that’s right. You heard it here first, ladies and gentlemen – we got us a new judge on the case. And the choice looks to be the best possible one for the Good Guys, and the worst possible one for James McGibney (who we don’t like).
For those of you who have not been paying attention, or just plume forgot in all the Obvious excitement that’s been going on here lately, James McGibney (who we don’t like) has filed a request in Santa Clara County Superior Court in which he is requesting a Temporary Restraining Order / Injunction for Workplace Violence in which McStupid says he is in fear for his life because some random guy who lives thousands of miles away supposedly said mean things about McGibney and his revenge porn / blackmail company ViaView on Twitter. Seriously.
So after months and months of (1) constantly tweeting Thomas’ name & supposed addresses, while at the same time (2) tweeting about how he can’t find Thomas in order to serve him, McGibney finally got around to allegedly serving Thomas with the LOLsuit. (We say “allegedly” served him because there is some dispute as to whether or not McGibney complied with the letter of the law, which requires personal service (i.e. placed into the person’s hands) and not the sewer service that was actually done.) And Thomas came out swinging, as we predicted, by then filing a lawsuit against McGibney’s attorney Jay Leiderman over Leiderman falsely claiming that Thomas is a convicted sex offender. See our earlier article here ========> CLICK ON ME (and click on the colored letters for the hyper links people).
And, again, for all you idiots out there: we are not Thomas or Neal or Jo Jo or Lora or Lane or Jennifer or Matt or any of the many other people whom you have accused us of being. You act like people aren’t allowed to talk about this topic or know about this topic unless you are one or more of those people.
So as we reported yesterday, Judge Derek Woodhouse has been removed from the case by Presiding Judge Brian Walsh due to findings of bias and prejudice. Apparently Judge Woodhouse’s man crush on Leiderman was a bit too much and way too obvious. That, and the fact that Woodhouse failed to act in an independent and impartial manner consistent with the law, was his undoing.
The complaint to Judge Walsh goes on to enumerate numerous instances of bias and a failure to follow the law by former Judge Woodhouse by Woodhouse’s issuance of orders that clearly violate the Constitution, as well as California Code of Civil Procedure 527.8(c), which states
This section does not permit a court to issue a temporary restraining order or injunction prohibiting speech or other activities that are constitutionally protected, or otherwise protected by Section 527.3 or any other provision of law.
According to the complaint, “Judge Woodhouse has issued repeated orders to have online discussion accounts and websites taken down that have been critical of plaintiff James McGibney and his business activities simply based on opposing counsel’s frequent ex parte entreaties to Judge Woodhouse, who has clearly been taken in by Jay Ledierman’s smoke & mirrors.”
The defense further characterized the case as arising “from an attempt by plaintiff ViaView and its employee / CEO James McGibney to silence free speech and online criticism of plaintiff’s company (which is a revenge porn website) via this court procedure to secure a TRO for Workplace Violence. Plaintiff’s counsel has appeared several times, ex parte, and obtained numerous orders from this court to shut down online accounts and websites that are critical of plaintiff’s business, in violation of California’s anti-SLAPP statute. Both Viaview and James McGibney are Public Figures within the meaning of the anti-SLAPP statute having inserted themselves into numerous controversies over the past several years and having made numerous media appearances regarding the subject of bullying and infidelity. As such, they are the fair subject of criticism, even intense criticism.”
The complaint to Judge Welsh further describes the other LOLsuits that McGibney and ViaView are involved in and the fact that there are anti-SLAPP motions pending in each of those cases. The defense then went on to promise to file their own anti-SLAPP motion “that will SLAPP the living shit outta McGibney and award us billions of dollars in monies and lots of sexy time fun!“
So after spending the day thinking about what to do, Presiding Judge Welsh then assigned the case to a new judge in what we feel is a very surprising choice. In fact, out of all of the judges in the Santa Clara County Courthouse, this particular judge is the one we feel is most likely to end up on a website like Cheaterville and to have suffered the effects of plenty of McGibney-style bullying and public harassment. Thus, she is a person less likely to tolerate McGibney’s and Leiderman’s typical BULLSHIT (to use a special legal term).
One likely argument to be raised in a motion to dismiss the TRO is the very real public policy consideration of whether or not you want some local, small town judge to be able to issue TROs against people all the way across the country because someone said something that you don’t like on Twitter or Facebook. TRO courtrooms in California are already severely overcrowded and short staffed by people with real world problems and real world fears. But if you start to allow some fame-fagging faggots on the internet who is suffering from a case of Aggravated Butt-hurt in the 1st Degree access to the TRO process, the court house will be flooded.