As I mentioned earlier, the winner of a "Drop Dead" Rule 4.33 Application (that will be me) can ask for full (solicitor-client) costs based on, well, the utter assholishness of the Plaintiff; to put it more legally, if the original action was (see point 3):
Abuse of process will not be hard to prove to the Court, as I once posted one of Patrick's Affidavits for his lawsuit, where you can get a good idea of its utter frivolity and lack of merit.
First, consider that Patrick -- in an action that complained about other people far more than it complained about me -- was asking for four million dollars in damages. That's Exhibit A as to the lack of reality of that action.
Next, consider that (with one exception) Patrick has represented himself in every legal encounter with me since 2010. Yes, that allows him to save money in not hiring a lawyer. But it also suggests that Patrick will never run his filings past a lawyer because he knows that any self-respecting and competent lawyer would refuse to sign his or her name to such rubbish. That's an important point since, when it comes to asking for costs, I am going to insist that the Court hold Patrick to the same standard as it would any lawyer.
I think that's an important point as it's a given that courts always give self-represented litigants a little leeway. But this is different, since Patrick has been doing shit like this for 15 years, so I will be arguing that the court should no longer give Patrick that leeway, and should sanction him just as it would any lawyer that filed such worthless garbage. And as you read that Affidavit, ask yourself what any serious judge would do if that had been filed by a real lawyer.
That is how the hearing will go down.
BONUS TRACK: Note well how almost that entire Affidavit complains about the alleged actions of one Peter Skinner (who is not even listed as a Defendant), and only in the very last paragraph does Patrick reluctantly concede that I am not guilty of any of that:
AFTERSNARK: For the purpose of establishing "abuse of process," I will also be placing before the Court a number of Patrick's tweets wherein he brags and gloats about suing me, while still refusing to move the case forward:
2 comments:
How much evidence will you need to provide to show that Patrick's lawsuit is frivolous and an abuse of process? Will it be enough to just ask the judge to read it and see for himself?
Anon @ 9:06 AM: That is a good question -- given the overwhelming evidence of Patrick's bad faith and malice in filing this lawsuit, I might have to insist on being allowed to document all of that at length given how much there is of it.
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