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How to do a malicious prosecution case?

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  • ibbblank
    I am in California, and live in a Homeowners Association -- all of which have terrible problems at this point in time, due to the Davis- Stirling Act. I write
    Message 1 of 2 , Mar 29, 2004
      I am in California, and live in a Homeowners Association -- all of
      which have terrible problems at this point in time, due to the Davis-
      Stirling Act.

      I write an independant newsletter, which exposes the illegalities of
      the board. They have tried numerous times to shut me down, but have
      been unsuccessful as the law, and freedom of speech is on my side.

      We have a board of Directors that "set up" people in order to keep
      them out of meetings, and to keep them from being in contact with the
      board. We have proof of this happening.

      Regarding me: The board threatened me at an October meeting, "There
      will be a restraining order against you so that you cannot attend
      meetings"! I documented it in the November newsletter, and two weeks
      later a recieved a request for a TRO from a board member, filled with
      lies and perjury, but when we went into court in front of a
      Commissioner, he only gave me five minutes to present my case, and
      then granted her order. Then came three more requests for Restraining
      Orders -- all bogus -- all awarded. Since then they have had me
      physically arrested at an Annual Meeting [which all homeowners have
      the right to attend] and call the police if I step outside my front
      door into the public street.

      ALL of their orders are bogus, and all have proably perjured
      themselves in personal declarations, or on the stand. I see that my
      only recourse is a suit for Malicious Prosecution.

      Where do I begin?

      Thanks for your help in advance.

      ~Sharon
    • P. KARPOICZ
      Linda Restraining Orders are typically civil restraining order surprizing that they could arrest you for violating in by your attendance at the homeowners
      Message 2 of 2 , Mar 29, 2004
        Linda
        Restraining Orders are typically civil restraining order surprizing that they could arrest you for violating in by your attendance at the homeowners meeting.
        Go to your local law library and ask the librarian on how to get started if you arent
        willing to hire or cant afford an attorney.
        CA must have something like CA Practice manuals that might help.
        or go to lexis and type in the key word MP and see the most recent case,
        jot the Civil action no or the court name and parties, then drive to the court
        and look up the pleadings.  This is time consuming but it really can help.
        If there is any words you dont understand get a blacks law dictionary or
        ask you librarian.
        best of luck

        ibbblank <ssstephens.1@...> wrote:
        I am in California, and live in a Homeowners Association -- all of
        which have terrible problems at this point in time, due to the Davis-
        Stirling Act.

        I write an independant newsletter, which exposes the illegalities of
        the board. They have tried numerous times to shut me down, but have
        been unsuccessful as the law, and freedom of speech is on my side.

        We have a board of Directors that "set up" people in order to keep
        them out of meetings, and to keep them from being in contact with the
        board. We have proof of this happening.

        Regarding me: The board threatened me at an October meeting, "There
        will be a restraining order against you so that you cannot attend
        meetings"! I documented it in the November newsletter, and two weeks
        later a recieved a request for a TRO from a board member, filled with
        lies and perjury, but when we went into court in front of a
        Commissioner, he only gave me five minutes to present my case, and
        then granted her order. Then came three more requests for Restraining
        Orders -- all bogus -- all awarded. Since then they have had me
        physically arrested at an Annual Meeting [which all homeowners have
        the right to attend] and call the police if I step outside my front
        door into the public street.

        ALL of their orders are bogus, and all have proably perjured
        themselves in personal declarations, or on the stand. I see that my
        only recourse is a suit for Malicious Prosecution.

        Where do I begin?

        Thanks for your help in advance.

        ~Sharon


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