It looks like there are significant problems with this lawsuit.
1. They have no evidence.
2. Lacking evidence, the attorney is unable to develop a strategy for pursuing the case.
3. Even if the above two hurdles were crossed, six people will be needed to be responsible for legal costs incurred by the State of California when the case is found frivolous.
Bottom line seems to be that despite claims of a lawsuit in progress, nothing has been done at all, and likely nothing ever will be done, just as in all previous claims of lawsuits.
=============
Law Offices of
Joseph H. Marman, Esq.
8421 Auburn Blvd., Suite 145
Attorney at Law Citrus Heights, CA 95610-0394 (916) 721-3324
E-mail:
marmanla@localnet.com Fax (916) 721-3633
Member: California Consumer Attorneys, Capitol City Trial Lawyers Association, Sacramento County Bar Assn., Placer County Bar Assn..
December 18, 2012
Hello fellow Chem Trial activists and potential plaintiffs in my lawsuit
Re: Chem Trail Lawsuit
I wanted to give an idea of what we are facing.
To clarify what I plan on doing. I have been an attorney for 25 years and I have my own law office. I have two staff people, and I am very busy with my regular paying clients, so the Chem Trail lawsuit has to take a backseat to when I have time to present it since I am not charging anything for my time in doing this. If we win the case and attorneys fees are awarded at the end of the suit, I will seek my hourly rate from the government.
I am not going to file a class action suit, since that is expensive to notify all potential members of the class. I intend to have 4-10 named plaintiffs, which will be easier for me to notify of the litigation events and processes. I intend to file a California state lawsuit against the government agencies responsible for protecting our health, which I believe so far are the California Air Resources Board and the California EPA. I will periodically notify the Facebook page once we get our case going. I am required to file a Government Claim first as an administrative requirement, and then the Claim is rejected and then we proceed to a lawsuit.
We cannot just file a suit without any direct evidence, and then hope to win because we are upset that the government is spraying us. We have no direct evidence so far, that I have seen to prove exactly who is spraying us, until we catch them with the chemicals dripping out of the tail pipes.
At this point all we do have for evidence is that the main 3 elements of barium, strontium and aluminum are being found in extreme amounts in our water, snow and perhaps blood.
In my mind, we can only sue the government for failure to take the proper steps that they are mandated to do of investigating contaminants that may affect our health. Be aware also that there is a California Government Code § 818.2 that specifies that “A public entity is not liable for an injury caused by adopting or failing to adopt an enactment or by failing to enforce any law” This may be a big problem for us, and I need to research how to get around that law prior to filing any lawsuit.
Be advised that the losing party in lawsuits may have a judgment entered against them for the costs put forth in defending the case, which in this case would be the California government, so be advised that if we lose, you may be hit with being responsible to pay the State of California’s costs of defending the lawsuit. Be further advised that I need to get about 6 Claimants to list as claimants in the Government claim first, then those claims are typically automatically rejected by the government agencies, and then we have 6 months from that date to file our lawsuit.
Joseph H. Marman