Lively Case Discussion #579 1/28 - 2/2/2007

[SunFreak2]

So.........this doesn't mean that it can't be heard because of jurisdiction issues? It just means that Beth and Dave are on their own, like they were in New York, in pusuading that the case can be heard in California? And the fact that Kalpoes brought suit in California will aid them in that argument?

Does it mean that the Kalpoes aren't compelled to show up, or do depositions, even if JQK wins the jurisdiction argument? They can basically say "F it, get your default judgement, it means nothing to me,"?

I know, I'm all questions and no answers, but my money's on a monkey knowing the scoop!  

Wouldn't it work both ways?  Couldn't Dr phil  & co say, F' it, get your default judgement.  Now try to get the money out of us - you'll have to come to the USA to get it.  Then Beth & Dave would have jurisdiction as the Kalpoes would be in the USA getting paid.  Then couldn't HT  file an injunction to freeze the award money, until their case is settled? I would assume the law in CA can't enforce payment of the settlement, as OJ has never paid the Browns & Goldman.

[Sleuth]

Sleuth - you are on their list now?  lol  

Hopefully I've dropped off by now due to good conduct.   And the good news is that I passed all the polygraph tests in a subsequent job background test  

Another example is once you have participated in a search for a missing child, you get the feel for how the searches are conducted.

I just hope it was Shawn trying to send out smoke signals and not Devlin..

[Kat_Gram]

I read or heard that Devlin did not move into that apartment for about 8 weeks after Shawn went missing. And that Devlin did take some time off from work around that time due to his diabetes. So he told his employer as to why he needed the time off.
..
I can't tell if that is Arlin. The FBI is looking into all those cases in that area.  
..
Devlin used to hunt in and around that area, so he would have a familarity with shacks, cabins and what is secluded or not.

[bleachedblack]

Evening Monkeys, just getting started reading...looks like it's been pretty lively in here today.  

[Sleuth]

So.........this doesn't mean that it can't be heard because of jurisdiction issues? It just means that Beth and Dave are on their own, like they were in New York, in pusuading that the case can be heard in California? And the fact that Kalpoes brought suit in California will aid them in that argument?

Does it mean that the Kalpoes aren't compelled to show up, or do depositions, even if JQK wins the jurisdiction argument? They can basically say "F it, get your default judgement, it means nothing to me,"?

I know, I'm all questions and no answers, but my money's on a monkey knowing the scoop!  

Wouldn't it work both ways?  Couldn't Dr phil  & co say, F' it, get your default judgement.  Now try to get the money out of us - you'll have to come to the USA to get it.  Then Beth & Dave would have jurisdiction as the Kalpoes would be in the USA getting paid.  Then couldn't HT  file an injunction to freeze the award money, until their case is settled? I would assume the law in CA can't enforce payment of the settlement, as OJ has never paid the Browns & Goldman.

Looks like questions for Cat.  
Cat is probably off chasing a mouse.  Meow, Meow.

[crazybabyborg]

So.........this doesn't mean that it can't be heard because of jurisdiction issues? It just means that Beth and Dave are on their own, like they were in New York, in pusuading that the case can be heard in California? And the fact that Kalpoes brought suit in California will aid them in that argument?

Does it mean that the Kalpoes aren't compelled to show up, or do depositions, even if JQK wins the jurisdiction argument? They can basically say "F it, get your default judgement, it means nothing to me,"?

I know, I'm all questions and no answers, but my money's on a monkey knowing the scoop!  

Wouldn't it work both ways?  Couldn't Dr phil  & co say, F' it, get your default judgement.  Now try to get the money out of us - you'll have to come to the USA to get it.  Then Beth & Dave would have jurisdiction as the Kalpoes would be in the USA getting paid.  Then couldn't HT  file an injunction to freeze the award money, until their case is settled? I would assume the law in CA can't enforce payment of the settlement, as OJ has never paid the Browns & Goldman.

Sunfreak.........I'm not a lawyer, but I think that it works this way: The K2s have indeed already ( through their representitives ) come to California when they filed suit and have indeed obligated themselves personally to appear in California. Since both the K2s and Dr. Phil & Co are "in" California for the suit, any awarded money will be collected.

The HT suit has been ruled not related to the K2/Dr. Phil& Co. case so they are seperate issues.

At this point, JQK will have to do what he did in NY, and ask a Calif judge to rule that there is proper jurisdiction in Calif. to hear the wrongful death suit brought by Beth and Dave. IF a Calif judge rules that Calif IS the proper jurisdiction, then JQK will have to figure out how to get the K2s to respond to the suit. Remember that Joran was served in NY, but I'm not aware of anything that would have compelled him to show up for that court case.

OK, Monkeys, correct me if I'm wrong?

[Lala'sMom]

Good evening monkeys. Anything interesting.

[crazybabyborg]

Just read that and need to clarify something. It's my understanding that even if the NY judge had ruled that NY was a proper jurisdiction and that a suit could be filed there, Joran would not have been compelled to come to the US to participate in it. A default judgement could have been made in his absence, but he would not be compelled to undergo deposition or stand "trial" in the civil suit. If a default judgement had been granted in the suit, good luck collecting anything.

I THINK the same would apply with K2 at this stage.

[Kat_Gram]

mdevlin65@sbcglobal.net
this is the email address that was being used.

[klaasend]

mdevlin65@sbcglobal.net
this is the email address that was being used.

yep

[Lala'sMom]

CBB
So basically by the judge ruling that the two lawsuits are separate, the ability of the Kalpoes to be deposed in the H/T case is slim to none?  Is that what you mean?

[Sam]

I believe it is possible you are right CBB. In the case against Joran in NY. Joran would not have been obligated to appear but if The Holloways and Twittys had won the case if Joran ever showed up in the States in the future he could have been held or whatever he had could have been confiscated.


Kat Gram I had a question about one of your post recently, you werent here when I read it and now I have forgotten what it was. I have slept since then. LOL

[crazybabyborg]

CBB
So basically by the judge ruling that the two lawsuits are separate, the ability of the Kalpoes to be deposed in the H/T case is slim to none?  Is that what you mean?

That's my fear, Lala's. Nothing would please me more than for somebody to prove me wrong!

[klaasend]

CBB
So basically by the judge ruling that the two lawsuits are separate, the ability of the Kalpoes to be deposed in the H/T case is slim to none?  Is that what you mean?

That's my fear, Lala's. Nothing would please me more than for somebody to prove me wrong!

#1 The two cases started out as separate cases
#2 After Beth and Dave filed the wrongful death suit, their attorneys filed a request for the cases to be treated as related cases
#3  The judge as just denied that request

I really don't think it's going to make that much difference in whether or not the Kalpoes will be deposed in the H/T case.  Plus, if the Kalpoe suit goes to a jury trial (which they have requested) the Kalpoes will have to take the stand (I believe).  They will have to prove they aren't dirtbags and liars.

[Cat]

The k2 get deposed first.then the mcgraw crowd gets deposed.then jqk reviews all questions and answers before the H/T suit proceeds.H/T would go first,but he would have a base of answers under to compare and contrast to.For my thoughts at the mouse convention...Cat

[Lala'sMom]

Thanks Klaas.  I didn't know they wanted a jury trial.  Interesting.  Don't they know that means that there will be jurors that have daughters that could have easily been a victim? Wonder how that will go over? What? They want a jury of their peers...they would need to import them from Aruba for that to happen...okay I am smiling again.  

[Lala'sMom]

The k2 get deposed first.then the mcgraw crowd gets deposed.then jqk reviews all questions and answers before the H/T suit proceeds.H/T would go first,but he would have a base of answers under to compare and contrast to.For my thoughts at the mouse convention...Cat

Thanks for the info Cat. I was beginning to worry for a minute.

[Cat]

Sun Freak,are you watching me.How did you know about my supper tonight.I think the case is fine.CAT

[klaasend]

Thanks Klaas.  I didn't know they wanted a jury trial.  Interesting.  Don't they know that means that there will be jurors that have daughters that could have easily been a victim? Wonder how that will go over? What? They want a jury of their peers...they would need to import them from Aruba for that to happen...okay I am smiling again.  

One of the Kalpoe peers maybe?  

[AZSunny]

Thanks Klaas.  I didn't know they wanted a jury trial.  Interesting.  Don't they know that means that there will be jurors that have daughters that could have easily been a victim? Wonder how that will go over? What? They want a jury of their peers...they would need to import them from Aruba for that to happen...okay I am smiling again.  

One of the Kalpoe peers maybe?  

Where are the bows and arrows?  who has them now?..we have a target.