Yesterday I participated in my first Court Call regarding a Motion to Compel Discovery I filed in San Diego Court last month. It's really revolutionary that judges allow people to dial into their court for $50. Instead of paying an airfare, you can have someone file the papers and then call in to your hearing depending on if the court participates in court calling. Unfortunately, I didn't discover until too late I needed one more document, a Declaration, to complete the Motion. I tried filing it the morning of the court hearing, but it was too late. This missive gave the opposing counsel an opening to lie in court claiming he never received any of my correspondence about discovery. It doesn't even matter if he didn't get my letters, he was still late and I have the evidence recorded in a deposition on September 15, 2009. I could refile the motion and prove I didn't have the discovery if I wanted to.
The interesting part of this story is Wollmann's attorney didn't have to lie whatsoever. He didn't have to claim I never sent him any request because my not providing a declaration with the motion made everything moot. The attorney was deliberately lying as psychological warfare in court. He also created an illusion he wasn't late on getting discovery to me when in fact it was definitely late.
All this info is still useful as it gave me a little preview of how the attorney for Edmond Wollmann is willing to commit perjury on his client's behalf. I have the header from the email forwarded to him with the discovery deadline pdf. The letter I sent by US mail was never returned. He definitely got the requests. Next time opposing counsel will be process served to avoid any of these kinds of dirty tactics claiming he
never got my extension of the deadline. They were late by two weeks to provide discovery and never communicated about it with me. The topic of lying in America has been addressed in recent newspaper and magazine articles primarily due to the recent film The Invention of Lying. What lying mostly boils down to is money, the root of all evil. Would Wollmann's attorney be in court lying if he wasn't being paid? Wollmann's attorney is his whore. If they think they're eventually going to charge me for these legal expenses, their plum out of their minds.
Next time there's a problem with getting discovery to me within the 30 day time allotted by law, I will file another Motion to Compel with the required declaration and it will most definitely be approved by the Judge.
As far as the habitual lying, it's true that lies eventually trip people up. Subpoena results don't lie however.
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