"Shoot For The Moon" as a settlement tactic...

In Thurman Arnold's blog post, he revisits the concept of "Behavior that frustrates settlement" which can lead to 271 sanctions.  I was a bit dumbfounded when Commissioner Glenda Veasey didn't find 271 sanctions against the other side, especially considering the declaration of Ken Scott, below:

The "Barbara" he is referring to is attorney Barbara Hammers, of Hammers & Baltazar, LLC, who represented Marci.  Attorney Hammers was so flummoxed by this declaration that she made it a point to request that she be deposed so that she could set the record straight.

There's an old chinese saying that "the truth never changes".  I'll show the court files in entirety as this blog shapes up.

The next few blog posts will be excerpts showing behaviour that made settlement impossible. So that you won't think I'm cropping the declarations/transcripts or rulings, I'm going to put everything in my library online for free download.

►BARBARA HAMMERS' CRIMINAL CONTEMPT HEARING

This is the official trial transcript of the criminal contempt trial hearing of Marci Kington vs. Gary Fong. Attorneys Barbara K. Hammers and Armine Baltazar of Hammers & Baltazar, LLC.

In this motion, for lawyer Barbara Hammers is arguing to press criminal charges here (with a possible jail sentence) in a contempt order, even though she admitted knowing that the order had been paid in full, 2) she never served the order and 3) there is no debtor's prison in California.

Once attorney Casey Olsen demonstrated that service had not been done, attorney Barbara Hammers then argues that service isn't necessary -

Lawyer Casey Olsen states again for the record that the underlying order had been paid in full, and Lawyer Barbara Hammers agrees:

Debtor's Prison: You cannot be thrown in jail for owing money.  This is in the California State Constitution.  However, Attorney Barbara Hammers still attempts to argue that the court can order a prison sentence (even though the entire amount had been paid!)

She goes on to argue that you do not need to serve a party for the fees order...

Then she represents to the court that, even though service wasn't required, that she did serve me anyway...

The judge wasn't convinced - and ruled that I had not been served by Barbara Hammers, even though she just testified above that she had.

I believe that this case is famous for an attorney losing the appeal for basically failing to file basic forms that are required by the rules of the court.  

In this instance, not only did Barbara Hammers not serve the notice, she got paid in full and then continued to push for a criminal hearing, even though you cannot be incarcerated for attorney or accounting fees!  The court agreed:

It was nice not being put in jail, despite Barbara Hammer's extreme efforts.  I would have been more upset if my life wasn't otherwise so happy.