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Burkhalter, Kessler, Goodman & George LLP’s Attys Facing Charges of Barratry

Burkhalter, Kessler, Goodman & George LLP have committed the crime of barratry and I am seeking disbarment of the attorneys listed below with the California State Bar and criminal charges with the California Attorney General’s Office.

 
PRLog - Oct. 4, 2010 - The attorneys of Burkhalter, Kessler, Goodman & George LLP have committed the crime of barratry and I am seeking disbarment of the attorneys listed below with the California State Bar Chief Trial Counsel’s Office and criminal charges with the California Attorney General’s Office.

Barratry, in criminal and civil law, is the act or practice of bringing repeated legal actions solely to harass.  Usually, the actions brought lack merit. This action has been declared a crime in some jurisdictions including California, Pennsylvania, Virginia, and Washington where it is a misdemeanor.

Barratry is most commonly applied to an attorney who attempts to bring about a lawsuit that will be profitable to her or him. An attorney who is overly officious in instigating or encouraging prosecution of groundless litigation.  The requirement for the crime of barratry is that repeated or persistent acts of litigation are performed by the accused. In the case of an attorney, disbarment is the usual punishment.

California Penal Code section 158:

Common barratry is the practice of exciting groundless judicial proceedings, and is punishable by imprisonment in the county jail not exceeding six months and by fine not exceeding one thousand dollars ($1,000).

See:  http://law.onecle.com/california/penal/158.html

California Penal Code section 159:

No person can be convicted of common barratry except upon proof that he has excited suits or proceedings at law in at least three instances, and with a corrupt or malicious intent to vex and annoy.

See:  http://law.onecle.com/california/penal/159.html

Here are the attorneys that will be under investigation:  
See:  http://www.bkgglaw.com/attorneys.php

Alton Burkhalter, Esq., Managing Partner
See:  http://members.calbar.ca.gov/fal/Member/Detail/119594

Daniel Kessler, Esq., Partner
See:  http://members.calbar.ca.gov/fal/Member/Detail/173710

Eric Goodman, Esq., Partner
See:  http://members.calbar.ca.gov/fal/Member/Detail/210694

Gregory Clement, Esq.
See:  http://members.calbar.ca.gov/fal/Member/Detail/154997

Nicholas Myers
See:  http://members.calbar.ca.gov/fal/Member/Detail/251809

David Berstein
See:  http://members.calbar.ca.gov/fal/Member/Detail/204472

Nicholas Kohan, Esq.
See:  http://members.calbar.ca.gov/fal/Member/Detail/257134

The three instances that Burkhalter, Kessler, Goodman & George LLP Attorneys excited suits with a corrupt or malicious intent to vex and annoy me are as follows:

Parsa Law Group v. Bad Biz Finder, Erin Baldwin et al., Orange County Superior Court Case No. 30-2009-00117752-CU-DF-CJC, for Defamation, filed January 26, 2009.

On June 2, 2009, Judge Franz Miller ordered me to pay Parsa Law Group $605,000.00.

See Court Order:  http://thebigbearianreturns.wordpress.com/2010/10/03/burkhalter-kessler-goodman-george-llps-attys-facing-charges-of-barratry

See Court Docket:  https://ocapps.occourts.org/civilwebShopping/DisplayCaseInformation.do?caseNbr=30-2009-00117752-CU-DF-CJC&src=case_src_dtl
(Scroll down, “Accept Terms,” then type in the case number: 30-2009-00117752.)

See my Public Defenders Reply Brief stating irrefutably that the Court Order and in fact, the entire case, violated my constitutional rights:  http://thebigbearianreturns.wordpress.com/2010/09/13/orange-county-public-defender-martin-schwarz-is-a-hero/

Eric Goodman and David Berstein decided not to proceed to trial and all charges were dismissed.  See: http://thebigbearianreturns.wordpress.com/2010/09/15/burkhalter-attorneys-attempt-to-buy-baldwins-silence/

The second, virtually identical case, was on behalf of my ex-landlord, UDR, Inc., whom I attempted to file a class action lawsuit on behalf of its California tenants until they evicted me illegally.  See:  http://thebigbearianreturns.wordpress.com/2010/09/21/nyseudr-breaks-california-landlord-tenant-law/

UDR, Inc. v. Erin Baldwin et al., Orange County Superior Court Case No. 30-2009-00125305-CU-DF-CJC, for Defamation, filed June 29, 2009.

The case was originally assigned to Judge David Chaffee and Burkhalter made sure it was re-assigned to Judge Franz Miller on September 2, 2009.

On December 11, 2009, Judge Franz Miller ordered me to pay UDR $52,000.00.  Then get this — I found out that UDR sold my property to James Parsa.

See Court Order: http://thebigbearianreturns.wordpress.com/2010/10/03/burkhalter-kessler-goodman-george-llps-attys-facing-charges-of-barratry/

See Court Docket:  https://ocapps.occourts.org/civilwebShopping/DisplayCaseInformation.do?caseNbr=30-2009-00125305-CU-DF-CJC&src=case_src_dtl#top_page
(Scroll down, “Accept Terms,” then type in the case number: 30-2009-00125305)

My Public Defender has already indicated that he would be willing to file a Reply Brief similar to the Parsa document (as stated above) in the event Burkhalter, Kessler, Goodman & George LLP come after me for contempt charges as they did with the Parsa case.

The third, virtually identical case, was on behalf of Jeffrey Cancilla of Solution Law Center, another loan modification attorney:

Jeffrey A. Cancilla v. Erin Baldwin et al., Orange County Superior Court Case No. 30-2009-00126004-CU-DF-CJC, for Defamation, filed July 13, 2009.

The case was originally assigned to Judge David McEachen and Burkhalter made sure it was re-assigned to Judge Franz Miller on September 2, 2009.

So all three cases were before Judge Franz Miller who had already given Burkhalter attorneys a 6-figure judgment in the Parsa case before the UDR and Cancilla cases were filed.  

On December 9, 2009, Cancilla decided to dismiss the action without prejudice, two days before Judge Franz Miller ordered the judgment/injunction in the above UDR case.

See Court Docket:  https://ocapps.occourts.org/civilwebShopping/DisplayCaseInformation.do?caseNbr=30-2009-00126004-CU-DF-CJC&src=case_src_dtl#top_page
(Scroll down, “Accept Terms,” then type in the case number: 30-2009-00126004)

The Burkhalter attorneys also inspired another action against me brought by Traut Law Firm:

Traut Law Firm v. Bad Biz Finder, Erin Baldwin et al., Orange County Superior Court Case No. 30-2009-00126328-CU-BT-CJC for a Business Tort, filed July 20, 2009, one week after Cancilla case was filed.

See Court Docket:  https://ocapps.occourts.org/civilwebShopping/DisplayCaseInformation.do?caseNbr=30-2009-00126328-CU-BT-CJC&src=case_src_dtl#top_page
(Scroll down, “Accept Terms,” then type in the case number: 30-2009-00126328)

The law firm on this case was Mintz, Levin, Cohn, Ferris, Glovsky, et al.

Three days ago, on October 1, 2010, Traut decided to dismiss the action with prejudice, two weeks after the Parsa action was blown out of the water and three days before trial was to begin.

Also see:  Burkhalter Attorneys Attempt to Buy Baldwin's Silence http://thebigbearianreturns.wordpress.com/2010/09/15/burkhalter-attorneys-attempt-to-buy-baldwins-silence

Also see:  UDR, Inc. (NYSE:UDR) Breaks California Landlord-Tenant Law http://thebigbearianreturns.wordpress.com/2010/09/21/nyseudr-breaks-california-landlord-tenant-law/

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Contact Email:
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Source:Erin Baldwin
City/Town:Palm Desert - California - United States
Tags:bukhalter kessler goodman & george llp, udr, nyse udr, james parsa, parsa law group, jeffrey cancilla, eric j. goodman
Shortcut:prlog.org/10974825
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