Mary Cummins, Amanda Lollar Texas lawsuit 2015-00259-3 - Judge Mike Hrabal County Court 3: August 2016

Friday, August 26, 2016

Illegal behavior by attorney, lawyer Ashley Marie Hunt Conlogue in legal case in Los Angeles, California

UPDATE: Not only did Ashley Hunt Conlogue not follow the Court's order and delete her filed reply with my SSN and the financial data of many people but she had Plaintiff Lollar post it on the public Internet without even redacting the SSN. All of the records in that filing are under a protective order here in California and Texas. Ashley Hunt Conlogue has shown a flagrant disregard for the law and the Court.
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This is not a direct part of the Texas case though it stems from it. It's just to show you that Amanda Lollar of Bat World Sanctuary gave her California attorney Ashley Marie Hunt Conlogue of Arendsen Cane Molnar law firm stolen documents besides heavily edited documents. Lollar convinced her incredibly stupid attorney to file them and to not even file them under seal. Some of the documents were under a protection order. Ashley Hunt Conlogue was willing to risk her license, destroy her reputation for a couple of grand in legal fees.

From email I sent to Los Angeles, California attorney, lawyer Ashley Marie Hunt Conlogue.

"Attached please find a complaint I mailed and filed in court proceedings and to the California State Bar today against Ashley Marie Hunt Conlogue. Ashely was severely reprimanded by Judge Robert Hess at an 8:30 hearing today in Dept 24 for this exact behavior. Hess stated it was sanction-able behavior. Hess is taking the matter under submission.

Ashley intentionally publicly filed stolen bank records, stolen PayPal records, unauthenticated documents, documents which were covered by a protective order in Texas and California and had to be filed under seal, social security number, bank account numbers, routing numbers, signatures, confidential banking data, confidential names, and confidential contact information of other people. This was also a violation of California Rule of Court 1.20. None of the items were redacted in the filing.

I instantly notified Ashley that she'd done this and she refused to delete the filing thereby allowing many people and organizations to be harmed by identity theft and bank theft.

I filed a letter and motion to the court demanding that the file be destroyed. In the meantime people will be harmed while the document is publicly available as Ashley refuses to remove it.

This complaint is a public document filed in court filings. It is privileged. I will be posting a copy online later on today."

Below is what was stated by Judge Robert Hess of Department 24 in Los Angeles Superior Court. I am asking for sanctions.

Judge Robert Hess: "Now, I'm going to admonish you, Plaintiff (attorney Ashley Marie Hunt Conlogue). You are NO longer, you will NEVER, ever, ever ... EVER submit papers with unredacted social security number, and that personal identifying information, PayPal account numbers, to the court. You KNOW you can't do that! And the bank records not under seal, the account numbers, routing numbers. There may still be consequences. I will think about it."

The Judge did formally admonish Ashley Marie Hunt Conlogue in writing in a filed court order. The text is,

"Plaintiff is admonished that submission of unredacted records containing Ms. Cummin's SSAN and Paypal account records, and the bank account and routing numbers for Animal Advocates, is unacceptable. Plaintiff shall forthwirth take steps to seal the offending documents, andor to substitute redcted copies, including submission of any necessary order. Further violation of CRC 1.120(b) will subject offending party to monetary sanctions."

The court typist spelled my name wrong and wrote the wrong code. It should be 1.20(b).

Ashley Marie Hunt Conlogue, Ashley Hunt, Ashley Conlogue, admonished, sanction, punish, complaint california bar association

From the complaint.

August 26, 2016
Via email, fax and USPS
State Bar of California
Arendsen Cane Molnar LLP
Ashley Marie Hunt Conlogue
Judge Robert Hess Dept 24

RE: Complaint against attorney Ashley Marie Hunt Conlogue State Bar 285277 Case BS140207

August 26, 2016

Via email, fax and USPS

State Bar of California

Arendsen Cane Molnar LLP

Ashley Marie Hunt Conlogue

Judge Robert Hess Dept 24

RE: Complaint against attorney Ashley Marie Hunt Conlogue State Bar 285277 Case BS140207

August 12, 2016 attorney Ashley Marie Hunt Conlogue publicly filed the below document with the LA County Superior Court.

8/12/2016 12:00:00 AM - OPPOSITION OF PLAINTIFF AMANDA LOLLAR TO MOTION TO QUASH, MODIFY

SUBPOENA, PROTECTIVE ORDER OF DEFENDANT MARY CUMMINS; REQUEST FOR SANCTIONS AGAINST

DEFENDANT MARY CUMMINS IN THE SUM OF $2,988.00, 1-133 pages.

This document was not filed under seal. It’s in violation of protective orders in Texas and California. It contained the social security number of Defendant Mary Cummins, checks with full routing number, bank account numbers, signatures, names... The document also included stolen bank records and PayPal records. Attorney Ashley Hunt knew this when she filed it per email sent June 23, 2016 (Exhibit 1).

An email was sent to Ashley Hunt and Christian Molnar who is also an attorney in this case telling them they publicly filed a document with data which is not allowed per California Rule of Court 1.20, contains stolen documents… (Exhibit 2).

A letter was sent to the clerk and court advising them that the document contained forbidden data asking them to strike and destroy the document (Exhibit 3).

A reply was filed to Plaintiff's August 12, 2016 motion on August 24, 2016 (Exhibit 4) stating the documents were not redacted or filed under seal. Defendant also advised the attorney again that the Animal Advocates bank statements and all PayPal records were stolen. No one signed an authorization for Animal Advocates records. The Texas judge clearly stated that Plaintiff was not allowed to have the records of Animal Advocates. The authorization which Defendant did sign did not include any PayPal records. Plaintiff's Texas attorney forged an authorization and sent the forged authorization to the bank and PayPal to illegally receive those records. The PayPal data which was included was highly edited and put into an Excel chart.

At the August 26, 2016 hearing attorney Ashely Hunt also committed perjury by lying to the court. Hunt stated she did not receive the email service of Defendant's August 24, 2016 reply. That is a lie. Hunt received and opened it 46 seconds after it was sent (Exhibit 5). Defendant sent it to the email address which was listed as the contact email for Hunt in the State Bar of California directory.

In court Judge Robert Hess formally stated that attorney Hunt was clearly in the wrong for publicly filing unredacted documents with social security numbers, bank account numbers, signatures .... Judge Hess stated that Hunt's action was sanctionable. Judge Hess has not yet signed an order. The hearing was recorded. A transcript can be made if necessary.

In a previous hearing on May 10, 2016 attorney Hunt again committed perjury and defamed Defendant. Hunt stated that Defendant has a new name and social security number. Hunt stated she has proof. There was no proof. Defendant has never changed her name or social security number. Hunt was trying to smear the reputation of Defendant to the Judge.

I am asking that Ashely Hunt lose her license for intentionally filing confidential documents against California Rule of Court Rule 1.20, filing stolen documents and lying in court documents and at hearings. Attached is the formal complaint form and Exhibits. This complaint is privileged and public as it is being added to case BS140207, sent to the Court and State Bar of California. If you have any questions, feel free to give me a call.

Sincerely,

Mary Cummins

Attached: Complaint, Exhibits

A copy of the complaint was sent to the lawyers and law firm. Ashley's husband is also a lawyer. They are both young, new lawyers but still should have known better. Ashley thought she could get away with it.

rvarghese@arendsenlaw.com,
anne@arendsenlaw.com,
slarkin@arendsenlaw.com,
jfowler@arendsenlaw.com,
nmolnar@arendsenlaw.com,
jdelpropost@arendsenlaw.com,
pschiada@arensdenlaw.com,
cmolnar@arendsenlaw.com,
harendsen@arendsenlaw.com,
ksc@kbklawyers.com

Here is the full complaint to the California Bar Association.

http://marycummins.com/FINAL%20complaint_ashley_marie_hunt%20letter.pdf

Mary Cummins vs Amanda Lollar, Mary Cummins, Amanda Lollar, Bat World, Bat World Sanctuary, Randy Turner, Randall Turner, Randall E Turner, Randall Eugene Turner, attorney, lawyer, fort worth, texas, tarrant county, second court of appeals, 352-248169-10, 352nd District Court, Judge Bonnie Sudderth, Justice Bonnie Sudderth, Judge William Brigham, Justice William Brigham, 2015-002259-2, 2015-002259-3, 02-12-00285-CV, 02-16-00165-CV, county court 3, Judge Mike Hrabal, Mike Hrabal, Judge Jennifer Rymell, Jennifer Rymell, defamation, libel, slander, breach of contract, forgery, fraud, perjury, disbar, unethical, unprofessional, inappropriate

Mary Cummins

Mary Cummins of Cummins Real Estate Services has been in real estate since 1983, over 35 years. She is licensed by the Bureau of Real Estate Appraisers. Mary Cummins was an agent and broker licensed with the California Department of Real Estate selling residential income, commercial buildings, raw land and homes for Merrill Lynch Realty in Beverly Hills and Westside Properties in Los Angeles before concentrating on appraisals. Mary Cummins currently provides real estate appraisals, expert witness testimony, historical research, legal real estate research for mortgage brokers, banks, lawyers, factors, insurance companies, financial consultants and private individuals. Mary Cummins was born and raised in Southern California. Cummins attended Beverly Hills Good Shepherd Catholic School and Beverly Hills High School. Besides being on the Dean's list, Mary Cummins was a top ten national swimmer and competed on the men's water polo team. Mary Cummins began college at the age of 15 attending the University of Southern California on scholarship, majoring in Psychology/Sociology. http://www.animaladvocates.us http://www.facebook.com/AnimalAdvocatesUSA

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Summary of Case 352-248169-10

Summary of Case Mary Cummins v Amanda Lollar, Bat World Sanctuary

I reported Amanda Lollar of Bat World Sanctuary to authorities for animal abuse, animal cruelty, animal neglect, violations of the Animal Welfare Act, Texas Health Dept, Texas Parks & Wildlife and USDA. They were investigated. Violations were found. Authorities agreed with me. They lost their USDA permit and were severely reprimanded by the other agencies.

In retaliation I was sued for defamation and breach of contract. Every word I have ever said about Amanda Lollar and Bat World Sanctuary is 100% the truth backed up by physical evidence, i.e. photos, videos, government documents.

Moments before a hearing Plaintiffs' attorney Randy Turner came up behind me in court and said to me "I've known this Judge for many years. He'll sign anything I put in front of him." I didn't even know there was a substitute Judge. The Judge signed every order Turner ever wrote. The first order he signed in front of me. Judge Brigham looked at me, did not look at the order, flipped to the last page and signed it.

Without notice Court had 86 year old retired Judge William Brigham oversee the case. Even though Plaintiffs never proved the elements of defamation, breach of contract, malice, admitted they had no proof of any damages or causation, I lost the case to the tune of $6,176,000. I never even was told which items they thought were defamatory until two months after the trial in the form of the court order. That's how corrupt this case is.

Immediately after the trial Randy Turner, his wife Patti Gearhart-Turner took to the Internet to say how happy they were. They congratulated each other over their win against me. Who brags about lying, cheating and being corrupt publicly?

The court order contained 47 phrases and a video which I had to remove and never repost. The order was unconstitutional as it contained prior restraint. Nevertheless I obeyed the court order and appealed.

Lollar and her attorney Turner used that order to remove any article on the entire Internet that mentioned them that they did not like even articles from years earlier written by others. They used that order to remove a press release about my appeal in prweb. They used it to remove copies of my appeal or articles about my case made by others. They used it to remove all of my blogs if they included the word "bat" and didn't even use their name.

In my appeal I proved beyond a shadow of a doubt that the 47 phrases were not defamatory. I didn't even write most of them. Plaintiff wrote them! Most of the phrases came from Lollar's manual. Other phrases came from government reports I received in a 1,000 page Freedom of Information Act request. I received 20 years worth of complaints against Lollar made by government agencies, members of the public and others.

The video was a video which I took of Lollar who has not gone past the 8th grade trying to perform an episiotomy on a bat who died along with her baby. Lollar told me to take the video. I had oral and written permission. Lollar claimed my video was defamatory and trial court agreed.

In Appellees' reply brief they didn't even mention the 47 phrases or video. They just said they felt they were defamed.

Appeals Court released their opinion. Justice Lee Ann Dauphinot stated that defamation does not have to be proven with private individuals. We were all private individuals and not media, public figures. The issues were not of public concern. Defamation is assume. Dauphinot also stated that I defamed with malice. In order to prove malice one must first prove defamation. Not letting the law, case precedent or common decency get in the way the defamation claim stood. I still owe $6,000,000. The breach of contract, liquidated damages and attorney fees were reversed. I owe $176,000 less.

Even after the Appeals court ruled the order unconstitutional Turner and Lollar continued to use it to remove my blogs, articles, websites from the Internet. They had over 800 articles deleted which caused huge financial damages to our non-profit. The only ones who didn't remove their articles were Eugene Volkhart UCLA freedom of speech law professor and Indymedia who is represented by ACLU-NC.

Randy Turner and his wife Patti Gearhart-Turner have been personal friends with all those Judges and Justices for over 35 years. Turner bragged to me that he controlled the Judges in Fort Worth, Texas and he was right.

These same Judges on my panel were on another case of Randy Turner's that had to do with the sentimental value of a dog i.e. Medlens v Carla Strickland. As per the Supreme Court the case should have been dismissed in the District Court but Turner's Judge friends made sure it was not dismissed. It was appealed and Turner et al made sure it was affirmed.

Fortunately attorney John Cayce who used to be the Chief Justice of the Second Court of Appeals petitioned to the Supreme Court of Texas. The Supreme Court of Texas in unanimous decision reversed the Appeals Court opinion. The Supreme Court opined that law and case precedent clearly states animals are property. One cannot receive sentimental value for loss of an animal if one cannot receive sentimental value for loss of a sister or friend. One would need to petition for new legislation to change the laws in order to award sentimental dollar damages for loss of an animal.

During all this time Amanda Lollar of Bat World Sanctuary and a few of her crazy friends such as her attorney Randy Turner have been attacking, defaming, harassing me, my family, friends, colleagues.... They have filed completely false reports to authorities about me. As I obey every law the authorities have done nothing. They don't even read her false reports anymore.

A last note. I believe Randy Turner has early dementia or some other brain disorder. He accidentally calls me "Ms Turner" and "Ms Lollar." He filed a motion to strike HIS OWN expert witness. Even after I told him it was his witness he still set the hearing. In depo he looked at me confused and said "didn't you give me the defamatory statements?" I said "of course not. I'm the defendant." He also leers at me inappropriately and intentionally bumped his entire body against mine in the court hallway just to be a jerk. He also stupidly admitted to committing motion abuse in writing then threatened to do it again if I didn't sign an impossible court order against myself. On top of this he has an ihatemary page in his business website devoted to me. In that page he talks about the size of my breasts when I was 11 and other extremely inappropriate things. 95% of his page is defamation against me. He's a lawyer and knows those cases he cited are not mine.

Fighting for Justice,

Mary Cummins

Summary of Case 2015-002259-3

Amanda Lollar and Bat World Sanctuary sued me September 2010 for defamation and breach of contract, see above summary. Even though they did not show the elements of defamation or breach of contract, damages, causation, malice...I lost.

I appealed that to the Second Court of Appeals. All claims were reversed except defamation. The Court stated that "defamation is assumed." It does not have to be proven. That's like saying murder, robbery, rape is assumed. It doesn't have to be proven. The also ruled that Plaintiff did not have to tell me what they thought was defamatory. The items in the court order were supposedly just items to be removed. They were not the defamation. That means I never was told what they thought was defamatory.

Even though the trial court order stating I had to take down certain items and never repost them had been reversed, I did NOT post the items again.

Few days after the April 2015 opinion was released Amanda Lollar and her attorney Randy Turner filed an identical copy/paste lawsuit in County Court 2 with Judge Jennifer Rymell friend of Randy Turner and his wife Patti Gearhart-Turner. The lawsuit claimed I reposted all of the items. That is false. The lawsuit included the claims which were reversed namely the breach of contract, liquidated damages and attorney's fees.

They included the fake, forged breach of contract claim because the contract has a forum clause of Tarrant County, Texas. Plaintiff stated repeatedly that I allegedly defamed them only while in California, not Texas. Therefore proper jurisdiction is California or Texas Federal Court. Randy Turner doesn't control those judges but he does control Tarrant County judges along with his wife.

I filed a Motion to Dismiss per Texas Defamation Mitigation Act, Citizen Participation Act, Statute of Limitations, Lack of Jurisdiction, Failure to State a Claim, Forgery, Fraud and Perjury.

Per the Texas Defamation Mitigation Act they must first send me a cease and desist including the specific alleged defamation before they file a lawsuit. Texas is bogged down by tons of these good ole boy STFU lawsuits to quiet people just like me. Lollar did not do this. They just filed the lawsuit instantly.

Per the Defamation Mitigation Act if the defendant asks for proof that the items are defamatory, the Plaintiff must send proof. Lollar sent no proof that I defamed her. Instead her attorney Randy Turner argued that the Appeals Court ruled that everything I ever said was defamatory. The appeals court never stated what was defamatory neither did the Plaintiff. It was not in the signed, filed court order. The words "defamation" and "defamatory" are not in the court order. The only thing that matters in a court is the final signed and filed court order. The final order was only a take down order and it was unconstitutional. Randy Turner is a personal injury lawyer not a freedom of speech lawyer. Still, with the help of his corrupt judge friends and other court parties he could spit on a piece of paper, file it and win by default as a Plaintiff. It took the appeals court 18 months and a change of three judges to write their rationalization of "justice?"

This is the wildest part of this current case. I never defamed Amanda Lollar or Bat World Sanctuary. They tried to claim I wrote certain articles on Indymedia, blogs, other websites... Those articles were written by known others, unknown others, robots and even Amanda Lollar herself.

In the trial court I was only told to take down items which I allegedly posted in sites I allegedly controlled, Exhibit 17. Items posted by others Exhibit 18 and my fair and privileged reports to authorities Exhibit 19 were not in the final order. Nothing in any of exhibits 17, 18 or 19 was defamatory.

In the current case they could only sue me for items I wrote, posted within the one year of statute of limitations for defamation in Texas. That would be items within a year of their April 2015 file date. I didn't defame them so they had no evidence. What did they do? They forged the evidence! Namely Amanda Lollar made defamatory statements about herself and signed my name to them in public websites with anonymous users.

It's even more bizarre. Lollar defamed herself, added my name to the comment, used a date within the one year statute of limitations but she didn't publish the comment. She instead used the top of the real article and posted the fake comment on it, printed it out and used it as an exhibit. The comment is not on the public article. No one made a comment on that day or even that year. The articles were from 2011. Why would anyone still be commenting on it four years later? Almost every single exhibit was forged!

After Lollar forged the exhibits she signed a sworn affidavit stating they are true copies of the exhibits online. I easily proved they were forged. The articles are still online for easy viewing.

It gets even more bizarre. Dr Laurie Gage of USDA wrote an email stating she viewed the video of Lollar trying to do an episiotomy in 2011. Dr Lauie Gage stated Lollar caused "bats pain, suffering and death," and "violated the Animal Welfare Act." Lollar lost her permit after Dr Gage wrote that email. Lollar of course in trial stated she was investigated and no violations were found in June 2012. She was already found guilty and lost her permit. Perjury and fraud.

How does Lollar deal with the 2011 email stating she was guilty of animal cruelty? She forged the head of the USDA Dr Robert Gibbens email. In the forged email Dr Gibbens allegedly clears Lollar of all wrong doing and trashes me. I've communicated with Dr Gibbens for years. He was always polite and honest. I knew he didn't write that email so I did a Freedom of Information Act request to get a copy. I actually did three. The email does not exist. I then did a search and realized that Lollar forged three separate versions of the emails with different subject, text, dates...!

Randy Turner then uses that forged email to state that I caused Dr Gage to write a defamatory email by lying to her. I've never communicated with Dr Gage ever. Turner stated Dr Laurie Gage's 2011 email written in Colorado is MY defamation. That's the basis of the current case! The entire current lawsuit is forgery, fraud, perjury and just plain bizarre. They knew her email was the truth. If it were defamatory, they should have sued USDA, Dr Gage in Colorado within a year of the 2011 email. That would have been before my trial in June 2012. This is how corrupt the Texas judicial system is! In fact it's so corrupt that Turner, his client and now three judges brag about how corrupt they are.

Anyway I filed two motions to recuse Judge Jennifer Rymell due to bias. Rymell refused to recuse herself. The Motion was heard February 16, 2016 by Judge Jennifer Rymell. Rymell stated she would rule and sign an order before the end of the week. Instead after finally reading my motion and seeing the evidence Judge Jennifer Rymell recused herself. Take a look at the article on Texas lawyers and judges gaming the system in the links. Many Texas journalists wrote about this same gaming of the system. It appears Rymell was not willing to destroy her reputation by falsely ruling in favor of her friend so she decided not to rule at all. That's gaming the system. Judge and lawyers both do it. Rymell should have ruled in my favor and reported her friend Turner but she didn't. She passed the buck to Judge Mike Hrabal.

The case was reassigned to Judge Mike Hrabal in County Court 3. The motion was heard May 17, 2016. I argued my side. Randy Turner stated they had nothing to add that's not in his reply. Randy Turner said their proof of defamation is the (perjured) affidavit of Amanda Lollar. Lollar merely stated that I defamed her. Then she stated the exhibits were true copies of the originals online which they were not.

Judge Mike Hrabal instantly gave an oral order. He said "I believe there is enough evidence to support Plaintiff's claim. Motion is denied." That was it. Judge Mike Hrabal did not sign an order on the motion or my indigence. I filed an appeal as indigent to the Second Court of Appeals. That is the status of this case as of May 22, 2016.

In the meantime Randy Turner is filing motions for contempt, sanctions because I told him I can't physically go to Texas due to my indigence and back injury. I'm awaiting back surgery and am now legally, permanently disabled. The kicker is I injured my back while in the old wild Bat World Sanctuary! Randy Turner has been telling me he will throw me in jail for five years now. I believe there is something very wrong with Randy Turner. There is something even more wrong with the Texas Judicial system when corruption, fraud, forgery and perjury is rewarded in this manner.

*Mary Cummins Disclaimer

This blog contains a copy of the public legal documents filed in this lawsuit. It will also include the hearing minutes and record. The purpose is to show people what is happening in this lawsuit.

The items in this blog are of public interest and concern. The images, quoted text and video snippets are used under the Fair Use of Copyright act for non-profit comment and education. Everything in this blog is the truth to the best of my knowledge. If you see a mistake, please, contact me with proof so I can edit or delete it.

I generally post links to back up all of the statements I make so you can review the documents and come to your own conclusion. Everything else in the blog is my personal opinion and belief. Nothing in this blog is confidential. Everything is public information. The purpose of this blog is to share this public information about public people for the good of the public.

If you don't like the honest items I've posted here and want to sue me, I will file an anti-SlAPP motion and you will owe legal fees. I have been sued twice before for defamation. I represented myself both times and won. The first was Ashton Technology, Fredric Rittereiser vs Mary Cummins. The second was Kathy Knight-McConnell vs Mary Cummins. A third case which this blog is about is currently in Appeal.