Transcript Of The 12 Minute 'We're Done' Prenda Hearing Released

from the read-it-during-a-coffee-break dept

We had Ken White's awesome analysis of what happened at the Prenda Law hearing earlier this week, but now the full transcript of the hearing has been released so you can read along (or figure out how to incorporate it into the necessary movie script). Here's just a snippet, though the full thing is at the link above and embedded below.
THE COURT: Can you tell me, for example, who directs the litigation here in California? Who makes the decision as to whether or not cases are dismissed or settled for how much money? Can you tell me that?

MS. ROSING: Your Honor, I can't testify.

THE COURT: "Yes" or "no", please. Because we need to move through this. Can you tell me that?

MS. ROSING: I personally cannot tell you that, your Honor.

THE COURT: All right. Do you know whether or not there is another Alan Cooper other than the one that was here at the last hearing?

MS. ROSING: I am not aware of another Alan Cooper, your Honor.

THE COURT: All right. Good. What happens to the settlement money?

MS. ROSING: Your Honor, obviously, I represent Mr. Duffy and Ms. Van Den Hemel. I don't have personal knowledge of any of this.

THE COURT: Why weren't notices of related cases filed? Who made the decision to hide from the court the fact that all of these cases were related.

MS. ROSING: I do have a judicially noticeable document on that, your Honor, where the Northern District declined to relate the cases.

THE COURT: That is a different thing. That is consolidating them.

MS. ROSING: It is actually an order declining to relate them.

THE COURT: Same plaintiff, same film, same causes of action, and they are not related? Excuse me? Okay. Tell me this. Who made the decision not to disclose to the court the fact that the law firms have a financial interest in the outcome of this litigation?

MS. ROSING: Your Honor, there is no evidence before this court at all that the law firm or any, well, certainly, my clients, Paul Duffy or Angela Van Den Hemel, have any financial interest in the outcome of this litigation.

THE COURT: Excuse me. Did you read Hansmeier's deposition?

MS. ROSING: Yes, I did, your Honor.

THE COURT: And then you make the statement you just made?
That is one (quite reasonably) unhappy judge...
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Filed Under: john steele, otis wright, paul duffy, paul hansmeier, prenda, prenda law
Companies: prenda, prenda law

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  1. icon
    special-interesting (profile), 5 Apr 2013 @ 6:23pm

    Is nice to see the judge focusing on matters not totally foreseen by me. Like that good kind of surprise and want to hang with Judge Wright cuz I might accidentally learn something. Oops!

    The judge was clear in mentioning fraud going further to state that this hearing was about “,attorney misconduct such misconduct which I think brings discredit to the profession.”

    What did delightfully surprise me was the judges determined recognition that all of the shell firms were one and the same with Prendaa. More surprising was using such recognition to point out that “,notices of related cases,” have not been filed throughout the Prendaa universe of shell firm lawsuits. Sounds like reasonable charges to me.

    More seemingly binding was the comment “Who made the decision not to disclose to the court the fact that the law firms have a financial interest in the outcome of this litigation?” Financial interest is quite an important link.

    As a layperson it would totally piss me off if the firms represented by a legal firm were themselves owned by that same legal firm. The term fleecing comes to mind. It also is a clear motive to anyone without a minimum of scruples might want it covered up.

    Its kind of hilarious that they would be able to get another court to not recognize such a cozy arrangement. A lot filings are just taken for granted without any high level of proof other than what is submitted. Makes one wonder what was transcribed or not during such a filing. Possibly submitted in between a dozen or so other more normal pieces of paperwork during a busy moment? Who knows? Just another example of funny paperwork? Might even be used as evidence of willful misdirection.

    The event was not without some good old fashioned follow the money detective work in trying a bit to untangle the complex network of shell firms and which one gets the money. (wonder if off shore accounts are used?)

    Without direct testimony the judge must piece together the Prendaa puzzle with his own staff. Is hard to see progress without a search warrant or subpoena issued to a lot of funky shell firms. Bank records, corporate officers, assets, etc.

    And all this is in addition to what was discussed earlier. The story unfolds as the mysteries are explored and as in all real life drama the plot is a thing of past tense revealed only after the fact.

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