Rick Simons' Opposition to WTS Motion in Conti case is brilliant--Check it out @ Alameda Sup Ct Website

by DNCall 98 Replies latest jw friends

  • 144001
    144001

    <<<<As a result, the Court denied both requests by the WTS, and the WTS must post a cash bond (or bond from an insurance company) for the full amount of the judgement. This round surely did NOT go the way of the WTS.>>>>

    This is not accurate. The Court has not heard the motion yet, and, accordingly, has not rendered any decision.

    Nevertheless, Conti's argument is sound. The relevant statutes do not support the WTBTS's position on this motion. Their only hope is to find a case that they can cite as authority to alllow the property substitution they seek.

    I don't have the time to spend hours researching this, but I did take a quick look and found no case authority to support a WTBTS rebuttal of the Conti opposition. The WTBTS lawyers have lots of resources at their disposal. If the authority exists, they will find it. I doubt it does. From a strategic standpoint, if such authority existed, it would have been wise to cite it in the moving papers, rather than in the reply papers. It's wise to anticipate the opposition argument, and preempt it by addressing it in the moving papers, thereby taking the wind out of the oponent's sails. That didn't hapen here, and I doubt the WTBTS will be able to salvage the motion with their reply.

  • jwleaks
    jwleaks

    The latest round of court documents (November 1, 2012) are available as 2 sets, both in pdf, on the JW LEAKS web site.

    www.jwleaks.org

  • DesirousOfChange
    DesirousOfChange

    This is not accurate. The Court has not heard the motion yet, and, accordingly, has not rendered any decision.

    144,001 is right. Me bad. The document is posted there, but yet unsigned by the Court.

    EVIDENTLY, there is still a lot of JW thinking in me, since once again, "out of zeal and enthusiasm", I am again "premature in [my] expectations".

    *** w79 7/1 p. 29 par. 17 How Jehovah Guides His People ***
    "Out of zeal and enthusiasm for the vindication of Jehovah’s name, Word and purposes, and the desire for the new system, some of his servants have at times been premature in their expectations."

    Doc

  • Vidiot
    Vidiot
    DesirousofChange - "Obviously hoping the Big A comes within the next 2 years and makes this problem go away."

    Growth in the developed world stagnating, cash flow plateauing, lowest youth retention rates ever, branch offices closing all over the world, real estate being sold at lower-than-valued prices, publications virtually cut in half, "Concious Class" on the rise (a full-on Fifth Column in the making, if you ask me), less and less obedience to the GB's dictates even among the R&F, Sparlock and the deafsterbation vids, angry XJW castaways starting to outnumber the loyal "sheep", and a wave of pedo lawsuits looming on the horizon...

    If I was them, I think at this point, I'd be f**ing desperate for the Big A to come along and bail me out.

  • 00DAD
    00DAD

    Why isn't Jehovah fighting for them in this case?

  • DesirousOfChange
    DesirousOfChange

    Why isn't Jehovah fighting for them in this case?

    00DAD, do you think that maybe they should be wondering if this is an indication that Jehovah is no longer backing them? And why?

    *** jv chap. 21 p. 340 How Is It All Financed? ***
    "As early as the second issue of the Watch Tower, in August 1879, Brother Russell stated: “‘Zion’s Watch Tower’ has, we believe, JEHOVAH for its backer, and while this is the case it will never beg nor petition men for support. When He who says: ‘All the gold and silver of the mountains are mine,’ fails to provide necessary funds, we will understand it to be time to suspend the publication.'”

    Doc

  • Vidiot
    Vidiot
    00DAD - "Why isn't Jehovah fighting for them in this case?"

    I'm assuming this is a rhetorical question, given your post history...

    When I was growing up, my devout JW parents told me that not only did the God that Jesus worshipped fight on behalf of the victims of wrongoing, He also required wrongdoers to live fully with the consequences of their actions.

    When I asked her if that logic extended to the GB and the WTS, she had to concede the point.

    I'm lucky; she's capable of reason (educated), and still associates regularly with me and my family despite my inactive (faded) status.

  • Vidiot
    Vidiot
    DesirousOfChange - "...do you think that maybe they should be wondering if this is an indication that Jehovah is no longer backing them?"

    ...if God (AHEI) was ever "backing them" in the first place...

    BTW, I wouldn't worry to much about 00DAD. Check his post history.

  • 00DAD
    00DAD

    Vidiot, more sarcastic than rhetorical with just a twist of irony!

    Glad you mom treats you right!

    I hope the perps in this case get the full consequences coming them!

    BTW, I think DOC got my intentions!

    The GB kool-aid distillers must be really confused by this. I only got one thing to say: Cognitive Dissonance is a bitch.

    How's it taste to get a dose of your own medicine boys?

  • 144001
    144001

    Desirous,

    It's customary in law and motion proceedings for the moving and opposing parties to file and serve proposed orders on the motion. Courts are lazy, and expect the parties to write their orders for them. The court will simply take the proposed order, cross out the word "proposed," and anything else the court deems inapplicable, add what the court wants to add to it, and sign it.

    It's easy to get confused over this because of the title of the document and its contents.

    You might have been premature in your expectations, but I think your expectations are likely to become reality next week. We'll see.

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