Are Our Appointed Judges For Life Really That Stupid, or Just Mean?

This is an excerpt from a motion to file in forma pauperis in the Ninth Circuit Court of Appeals.

It is in response to a question about what issues are on appeal.

The appeal is necessitated by an order issued by Judge Linda Lopez denying my request for a stay of execution of the judgment ordering me to pay the “attorney defendants'” attorney fees on an anti-SLAPP motion. Judge Linda Lopez said I could have the stay, but only if I posted a bond that would cost me about $8,000…if I could qualify at all. I am living on a $644 per month pension, so, even with my 780+ FICO score, a bondsperson might not want to hope for repayment.

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The Court lacked jurisdiction from the inception, due to lack of diversity. Because Silver Strand Plaza LLC was named as a defendant and the plaintiff is a member of SSP LLC, SSP LLC is a citizen of Arkansas as is plaintiff and there is no diversity of citizenship. The Court and the represented defendants, some who are attorneys, knew or should have known this and should have dismissed or asked to dismiss the case without prejudice.

     Pro Se plaintiff, who is not an attorney, fashioned the legal malpractice claim against the attorney defendants in the first amended complaint as a derivative claim. Plaintiff asked for leave to retain an attorney for the limited scope of advocating on the derivative claim. The court denied leave. The Court and the represented attorney defendants knew or should have known that Hammett was forbidden by law from advocating on a derivative claim, yet did not strike or ask to strike on that basis.

     Instead, the attorney defendants filed lengthy and repetitive anti-SLAPP motions and motions for attorney fees on the anti-SLAPP motions. When Plaintiff discovered her error she immediately filed a motion to withdraw, specifying the reason was her lack of authorization to practice law. The court granted the motion, then granted attorney fees to the attorney defendants based on the erroneous presumption that moving for dismissal indicated a lack of merits.

     This appeal addresses the courts order denying a stay of the judgment for attorney fees unless Hammett posts a bond. Hammett cannot afford to post a bond until her share of SSP LLC is disbursed to her, which is the focus of the suit.      The myriad of issues under appeal already may be and should be consolidated with this appeal.

[In answer to a later question, the motion to file IFP ended like this.]

I cannot afford filing fees until I can persuade a court to mandate Mary E. Sherman
and Silver Strand Plaza LLC to disburse my share of the remaining assets that were
embezzled or otherwise remain in the control of the defendants.