Preston Poulter et al v. Ali "Dean" Assaf et al (2021)

[Strix454]

The thing is that no matter what she does,

Preston’s defense of they didn’t do what I wanted, probably means he was asking for something that’s not legally sound or had no evidence to support. Any good lawyer will tell them that’s not possible and won’t include it.

Yeah. The whole "failed to plead certain facts" and the departure of the firm from the case kind of points in that direction. It does make you really wonder what else he wanted to put in that original complaint.

 

[Captain Manning]

Preston’s defense of they didn’t do what I wanted, probably means he was asking for something that’s not legally sound or had no evidence to support. Any good lawyer will tell them that’s not possible and won’t include it.

There's a couple of things he's alleging, but the funniest one is that they let @FROG get away.

@I'm not a Robot wrote an interesting a post last month suggesting that that there were arguments that could have been made that might have established that Texas was the right jurisdiction to hear Preston's case against FROG. Specifically, it could be shown that FROG knew Preston lived in Texas, while the court made it a point that Preston failed to establish that in any of his submissions.

Now I dunno if that would have actually changed the result, but since we know Preston reads this thread, it's possible he flipped the fuck out when he saw INAR's post, and decided that he wasn't gonna pay the Mr. Fein because some random ass Kiwi troll penned a potentially better argument than the Fein Law Firm. Or maybe he's just using that as an excuse not to pay.

What's funny about that is that he changed law firms long before FROG was dismissed, and the new firm was very definitely the one that filed the objection against the Magistrate Judge's recommendation. The new law frim also failed to establish FROG would have known Preston was in Texas. So, if I'm right, he probably fuming as his CURRENT law firm too. Not that there's much he'd want to do about them now, since there's an active case against D&V still that they seem to be doing a better job with.

 

[AnOminous]

There is a hearing scheduled on March 17th on the initial dismissal docket and another on April 22nd on the motion to enforce arbitration. A non-jury trial is scheduled for December 13th, 2022. Preston and John are being represented by the same attorneys currently working on this lawsuit.

It's pretty common for these arbitrations to result in a reduction of the fees, especially if (as often happens) the firm did a lackluster job of record-keeping. It's still likely the pegged cuck will end up owing something.

 

[Strix454]

@I'm not a Robot wrote an interesting a post last month suggesting that that there were arguments that could have been made that might have established that Texas was the right jurisdiction to hear Preston's case against FROG. Specifically, it could be shown that FROG knew Preston lived in Texas, while the court made it a point that Preston failed to establish that in any of his submissions.

What that would have done was to give them an argument to go into court with on jurisdiction rather than going into court quoting cases that were decided against the points they were arguing. But IMO I don't think that simple knowledge that someone on the internet lives in Texas is enough.
Precedent in the 5th circuit was/is just totally against what they were trying to do and what the second set of attorneys tried to argue. I think a really good attorney would have sat Preston down at the start and explained the difficulties of jurisdiction in this particular case. And told him to save his money.

 

[AnOminous]

You are going to be hard pressed to prove they didn’t do what, when.

The one demanding the money is the one who needs to produce evidence it's owed. So long as it's itemized and relates to valid case activity (including responding to dumb email from the client which you can bet the pegged cuck generated daily), they'll get it, though. What the court doesn't want to see is block billing like "20 hours" and all it says is "research" to describe the activity.

Poulter also complains of them billing him after he fired them which sounds suspicious at first blush until you consider that if he fired them and then hired another firm, they would still be ethically obligated to do whatever was necessary to get the case materials over to new counsel and at least minimally bring them up to speed on the case. They would still be entitled to reasonable costs and fees for whatever was related to that, though.

That said, I think their performance was substantially subpar and Poulter's real remedy would be with a bar complaint. I'm not saying that would be a good idea or would work, it would just really amuse me to see this idiot and his idiot attorneys fight some more.

 

[Captain Manning]

It's pretty common for these arbitrations to result in a reduction of the fees, especially if (as often happens) the firm did a lackluster job of record-keeping. It's still likely the pegged cuck will end up owing something.

And, to be completely fair... maybe he should get a reduction in fees. They didn't really seem to do a good job throughout all this. Though that belief is tempered by the fact Peggy was the one that ultimately decided the pull the trigger on this bullshit, and I'm not gonna feel the slightest bit sad if he gets taken to the cleaners when the dust settles. It would be karma.

Spectre actually wasn't wrong that Preston has "shit-ass attorneys." Only that he is delusional in thinking he can do better than them. As clearly demonstrated by what happened last month with Dean.

What that would have done was to give them an argument to go into court with on jurisdiction rather than going into court quoting cases that were decided against the points they were arguing. But IMO I don't think that simple knowledge that someone on the internet lives in Texas is enough.
Precedent in the 5th circuit was/is just totally against what they were trying to do and what the second set of attorneys tried to argue. I think a really good attorney would have sat Preston down at the start and explained the difficulties of jurisdiction in this particular case. And told him to save his money.

Like I said, I'm not saying it would have ultimately worked. Only that INAR is right that they could have raised this in light of the Magistrate Judge flat out telling them they didn't allege FROG knew Preston was in Texas.

Put another way, my theory here is that Preston might be thinking that it would have worked.

 

[I'm not a Robot]

since we know Preston reads this thread, it's possible he flipped the fuck out when he saw INAR's post, and decided that he wasn't gonna pay the Mr. Fein because some random ass Kiwi troll penned a potentially better argument than the Fein Law Firm. Or maybe he's just using that as an excuse not to pay.

That is a recent development and Preston decided he wasn't going to pay a long time ago. He was 6 months past due when he was sued. His new lawyers were on the case before they served Ethan, so they had the time to fix any oversights in the complaint.

Poulter also complains of them billing him after he fired them which sounds suspicious at first blush until you consider that if he fired them and then hired another firm, they would still be ethically obligated to do whatever was necessary to get the case materials over to new counsel and at least minimally bring them up to speed on the case. They would still be entitled to reasonable costs and fees for whatever was related to that, though.

When Preston and his original team parted ways on 06/17/2021, he had an outstanding balance of over $15,000. You can see that the money was adding up and he wasn't making complete payments. It looks like the trust fund couldn't keep up.

Interestingly, there are charges on here from before the D & V stream in March 2021 he's suing over. He must've been using them for something else.

 

[Strix454]

Interestingly, there are charges on here from before the D & V stream in March 2021 he's suing over. He must've been using them for something else.

My guess is that the other payments were related to the legal activity around the comicsgate trademark.

 

[COMMI3 MARK]

THE FEIN LAW FIRM, P.C. vs. PRESTON POULTER, et al
On February 2nd, 2022, The Fein Law Firm filed a lawsuit against Preston Poulter and John Lamont for breach of contract. These were the lawyers they initially hired to draft the complaint against Ethan, Vikki, and Dean.

Imagine if Dean hired these guys to defend him. I'm sure there's some legal reason he couldn't but damn that'd be good storytelling.

 

[Captain Manning]

Interestingly, there are charges on here from before the D & V stream in March 2021 he's suing over. He must've been using them for something else.

Remind me: When was the "offending" FROG stream? Before or after D&V?

Imagine if Dean hired these guys to defend him. I'm sure there's some legal reason he couldn't but damn that'd be good storytelling.

The specific legal reason would be "conflict of interest." You can't represent a client, get fired by that client, and then switch sides for the other guy.

And while I maintain Dean having just about any lawyer would be superior to no lawyer or Spectre, I do hope he ends up with somebody better than these guys.

 

[I'm not a Robot]

My guess is that the other payments were related to the legal activity around the comicsgate trademark.

That's being handled by a different law firm, Francis John Ciaramella, PLLC.

https://ttabvue.uspto.gov/ttabvue/v?pno=92075375&pty=CAN&eno=1

Remind me: When was the "offending" FROG stream? Before or after D&V?

After. The defamation is alleged to have started on March 1st, which was a stream on DA Talks channel with just Dean and Vikki (on February 28th, 2021).

 

[Captain Manning]

That's being handled by a different law firm, Francis John Ciaramella, PLLC.

https://ttabvue.uspto.gov/ttabvue/v?pno=92075375&pty=CAN&eno=1

After. The defamation is alleged to have started on March 1st, which was a stream on DA Talks channel with just Dean and Vikki (on February 28th, 2021).

Interesting.

Maybe this firm was something he used for something else entirely, or maybe he was fishing for any pretense to sue one or more of them and engaged with them before the alleged defamation.

I know @FROG is adamant that the whole thing with Demonatrix and the "Comicsgate Approved" logo over the lolicon artwork was a trap designed to elicit a response. I don't think it's hard to see why he might believe that.

 

[RodgerDodger]

And, to be completely fair... maybe he should get a reduction in fees. They didn't really seem to do a good job throughout all this. Though that belief is tempered by the fact Peggy was the one that ultimately decided the pull the trigger on this bullshit, and I'm not gonna feel the slightest bit sad if he gets taken to the cleaners when the dust settles. It would be karma.

Spectre actually wasn't wrong that Preston has "shit-ass attorneys." Only that he is delusional in thinking he can do better than them. As clearly demonstrated by what happened last month with Dean.


Like I said, I'm not saying it would have ultimately worked. Only that INAR is right that they could have raised this in light of the Magistrate Judge flat out telling them they didn't allege FROG knew Preston was in Texas.

Put another way, my theory here is that Preston might be thinking that it would have worked.

View attachment 3064675

It still would have been tossed even if Ethan knew Preston lived in Texas. Under Texas's view of defamation law you pretty much have to knowingly reach into Texas. Either by saying the things you said in Texas. Or taking an affirmative action such as dialing a Texas phone number to contact a Texas resident or business in order to defame the party. Saying Stupid Shit On The Internet is generally not something Texas wants to get involved in policing and has been remarkably clear on that.

 

[I'm not a Robot]

How it started: We're sealing Preston and John's addresses out of concern for their safety

How it's going: FUCK YOU. PAY ME.

 

[DragoonSierra]

Yeah, but if Preston is honest about him thinking this "other Vikki" is her, and he tries to collect on "other Vikki," she's probably gonna have to do something. Like, she was technically served a thing, but she's obviously not the Vikki in the lawsuit. I'm not sure exactly how that works out.

We don't talk about "other Vikki" that much. If she exists, my heart genuinely goes out to her. Imagine if she's some random housewife with five kids, and only ever uses Youtube for cooking shows or whatever. Ya know, basically, our moms. I'm tempted to say Vikkiverse isn't doing this woman any favors in remaining silent.

It's gonna be interesting to see how this plays out. I think it's obvious now there's gonna be a default judgement entered, but after that...


Actually, the service was under both names. It's "Victoria Kundert A/K/A Vikkiverse." Here's the cover page of the return of service that was done out in Huntington Beach. Famously, the process server screwed up and wrote Kunder.

View attachment 3056045

Interestingly enough, when you do a lazy ass search on that address on the Internet, a Victoria C. Kundert either does or DID live there. Seems about the right age too. If it's not her, you can probably see why the process server might have thought it was her.

View attachment 3056065

Also note that Mr. Richard Steibler has been a process server since at least 2002, going by a tax certificate issued by the City of Anaheim I found. So I gotta imagine he's not a complete idiot.

View attachment 3056131

Jesus shes in her 50s?

 

[I'm not a Robot]

Late night commentary

 

[Simply Outplayed-HD]

Late night commentary

View attachment 3068446

This is so fucking funny and when I saw it I burst into laughter, my girlfriend ran into the room thinking something bad had happened and when I tried explaining it to her she sighed and went back to watching reality TV. Absolutely based.

In other news somebody who looks like this

had some things to say about Dean and Vikki in the Rekieta discord,

It's not all relevant to the lawsuit but since it is Deans lawyer maybe we can glean some information from the decorated military veteran. At this point (if an ugly & retarded man is telling the truth) I'm not even surprised that Spectre is still his lawyer and he doesn't have a real lawyer. Reminder: this is a crack head who doesn't pay taxes.

Also Deans brother left before he could answer a question, luckily Yellow Flash and Rekieta provided some commentary:

Truly a stream for the ages!

 

[5t3n0g0ph3r]

@PocketJacks How is it that on the cusp of winning, you still lose?
Pay your lawyers (despite their shit job).

 

[DragoonSierra]

View attachment 3063278
Forgive the gif, but the day of judgment has arrived and I felt fireworks were in order. You might be thinking, "Are we seriously celebrating Vikki owing Preston a million bucks?" or "Did Dean finally get a lawyer?" Nothing so pedestrian for the fine folks of the farms for today we have something truly spectacular.

THE FEIN LAW FIRM, P.C. vs. PRESTON POULTER, et al​

On February 2nd, 2022, The Fein Law Firm filed a lawsuit against Preston Poulter and John Lamont for breach of contract. These were the lawyers they initially hired to draft the complaint against Ethan, Vikki, and Dean. The law firm alleges that Preston and John owe them $15,549 for services which have not been paid. An invoice attached as an exhibit indicates they were billed more than $23,000. Preston argues he shouldn't have to pay all that because they let @FROG get away, the complaint had to be amended, and they continued billing him after they were fired. He has requested the court order the parties to arbitration.

There is a hearing scheduled on March 17th on the initial dismissal docket and another on April 22nd on the motion to enforce arbitration. A non-jury trial is scheduled for December 13th, 2022. Preston and John are being represented by the same attorneys currently working on this lawsuit.

View attachment 3063400

Spoiler: Plaintiff's original petition

View attachment 3063363View attachment 3063364View attachment 3063365View attachment 3063366View attachment 3063367View attachment 3063368View attachment 3063369View attachment 3063370View attachment 3063371View attachment 3063372View attachment 3063373

Spoiler: Defendant's answer and motion to enforce arbitration

View attachment 3063374View attachment 3063375View attachment 3063376View attachment 3063377View attachment 3063378View attachment 3063379View attachment 3063380View attachment 3063382View attachment 3063383View attachment 3063384View attachment 3063385View attachment 3063386View attachment 3063387

Hippity hoppity, I shouldn't have to pay because you let @FROG jump out of my property

View attachment 3063401

People who dont want to pay thier lawyers use this excuse all the time.

"You didnt keep me out of jail. Why should I pay you anything?"

Imagine if doctors didnt get paid if thier patient dies.

There's a couple of things he's alleging, but the funniest one is that they let @FROG get away.

@I'm not a Robot wrote an interesting a post last month suggesting that that there were arguments that could have been made that might have established that Texas was the right jurisdiction to hear Preston's case against FROG. Specifically, it could be shown that FROG knew Preston lived in Texas, while the court made it a point that Preston failed to establish that in any of his submissions.

Now I dunno if that would have actually changed the result, but since we know Preston reads this thread, it's possible he flipped the fuck out when he saw INAR's post, and decided that he wasn't gonna pay the Mr. Fein because some random ass Kiwi troll penned a potentially better argument than the Fein Law Firm. Or maybe he's just using that as an excuse not to pay.

What's funny about that is that he changed law firms long before FROG was dismissed, and the new firm was very definitely the one that filed the objection against the Magistrate Judge's recommendation. The new law frim also failed to establish FROG would have known Preston was in Texas. So, if I'm right, he probably fuming as his CURRENT law firm too. Not that there's much he'd want to do about them now, since there's an active case against D&V still that they seem to be doing a better job with.

regarding Vikki evading service in @I'm not a Robot post? How the ever living fuck would she afford a 2 million dollar property in California working as a dog groomer?

 

[Captain Manning]

I always found Spectre's deflection of "I told them to get a lawyer from day one" funny. Especially in light of him self-admitting in this thread he wrote at least some of Dean's shit.

That's like telling Dean to check into the Betty Ford Clinic, Dean assuring him he will, and then Spectre saying "oh good, here's a bag a coke to tide you over."

If that's not enabling stupidity (not getting professional help), I'm hard pressed to think of a better example of what would be.

Jesus shes in her 50s?

Yeah. 52, if I'm not mistaken. Somewhere thereabouts.

Rekieta's "Roast beef jerky" line is funny.