Save Newport Real News in Newport Beach
Yesterday, I received a copy of the court ruling and was able to go over it in detail.
Make no bones about it, inside the ruling for the city there lay a beautiful victory. The judge flatly stated that I do not owe the fees which were the entire subject of the lawsuit. While I was entering the court under the ticket of “defamation”, the underlying principle here is that Dixon lied about me in open council session and then refused to retract and apologize for those lies.
The judge agreed: Dixon’s comments were completely untruthful, unfounded, and completely without merit.
However, the judge ruled that the city had the “right” to lie from the dais, due to something known as “California Code 47”. This supposedly gives legislators full immunity with their speech. Aside from it being morally reprehensible, there is also a legal problem with this code: it is in violation of the California State Constitution, which states plainly: “The people of this State do not yield their sovereignty to the agencies which serve them.” — That means that government officials don’t get to proclaim themselves to be vested with more rights than citizens have– but that is exactly what California Code 47 proclaims. For this reason, the Code is unconstitutional, and should not have had any weight in court.
Additionally, Diane Dixon was a no-show after being ordered to appear in court. Assistant City Clerk was also a no-show for the event. In small claims, when a defendant doesn’t show, that generally results in a default judgement. I am very unsure why the judge even heard the case after Dixon and crew insulted the court by not even bothering to show up.
In the end, I lost the case on the “defamation” case due to Code 47, but I already pledged to donate all that money anyway. What I really wanted, I got: A judge used the court of law to show everyone that Dixon speaks untrue things and subsequently refuses to apologize for them. Dixon spoke untruths from the dais and a judge ruled that what she said was entirely untrue and without merit. And that’s now in court records.
To give Dixon the benefit of the doubt, I sent an email yesterday asking for an apology now that the judge has ruled what she said to be untrue. … Don’t hold your breath.
