05-03-2015, 11:03 AM
You can't keep a good man down. Dr. Okpala and Charisma are back with a timely filed amended complaint. Give the guy credit for persistence even if his execution is a little weak.
OkpalaFirstAmendedComplaint.pdf (Size: 691.24 KB / Downloads: 14)
It will be interesting to see if the new version will withstand the demurrer and motion to strike that Doogle is sure to file. I'm not seeing anything to suggest it will. In fact, by including web pages showing the actual online discussion this version of the complaint makes the record that Doogle's lady lawyer failed to make on the demurrer. (Remember, her request for judicial notice was denied. Nice to see a judge following the rules.)
If a judge sees this as just some clown spouting off on the internet, he tosses this action, because that's constitutionally protected free speech. A good judge (or a good judge's law clerk) might see how the complaint could be amended to address the missing elements of a disparagement cause of action, but considering that this is the second time around and it's still not there, probably not gonna happen.
This time I would expect to see a demurrer granted without leave to amend, assuming the court doesn't grant the motion to strike first. Presumably Doogle's lady lawyer will manage to get both motions calendared for the same date this time.
As has been noted previously, there would seem to be ample facts available that might show the malicious purposes of "The Gang" and Doogle's participation therein, but Charisma hasn't alleged them in its pleadings or shown any ability to argue them in response to Doogle's motions. So, as with Dr. Dolphin, we probably will see another well-taken legal action going down in flames because the convoluted and expensive legal system denies people of modest means the ability to pursue justice.
OkpalaFirstAmendedComplaint.pdf (Size: 691.24 KB / Downloads: 14)
It will be interesting to see if the new version will withstand the demurrer and motion to strike that Doogle is sure to file. I'm not seeing anything to suggest it will. In fact, by including web pages showing the actual online discussion this version of the complaint makes the record that Doogle's lady lawyer failed to make on the demurrer. (Remember, her request for judicial notice was denied. Nice to see a judge following the rules.)
If a judge sees this as just some clown spouting off on the internet, he tosses this action, because that's constitutionally protected free speech. A good judge (or a good judge's law clerk) might see how the complaint could be amended to address the missing elements of a disparagement cause of action, but considering that this is the second time around and it's still not there, probably not gonna happen.
This time I would expect to see a demurrer granted without leave to amend, assuming the court doesn't grant the motion to strike first. Presumably Doogle's lady lawyer will manage to get both motions calendared for the same date this time.
As has been noted previously, there would seem to be ample facts available that might show the malicious purposes of "The Gang" and Doogle's participation therein, but Charisma hasn't alleged them in its pleadings or shown any ability to argue them in response to Doogle's motions. So, as with Dr. Dolphin, we probably will see another well-taken legal action going down in flames because the convoluted and expensive legal system denies people of modest means the ability to pursue justice.