Fine, perhaps I could file under the whitle blower retaliation statute as I have a secretly recorded tape of a board meeting that clearly states that the Defendants knowingly took personal emails of Plaintiff to the licensing agency to get plaintiffs excluded from working in a licensed facility, which has in fact prevented plaintiff. This tape would not be allowed in state court, but my understanding could be used in Federal court. This tape is the key to the defamation claim, though I could have board members testify.
In any event, would that suffice to make a claim in a federal court?
It is painfully obvious that I will not be able to get a federal action. Well is it a prudent or reasonable strategy to allow the "tentative" ruling of dismissal to go unchallenged and file another action based on slander and fraud if I could prove those elements?
The first suit is for breach of contract, libel and fraud inducement. The judge is so unbelievably bias that I dont think I could get a fair trial especially since it would be a bench trial. I attempted to have her dismissed under 170.6(5), but she simply denied it stating that it was untimely, without elaborating, though no rulings on merit were ever made and the case was subsequently "tentatively" dismissed. I feel as if the challenge angered her, but she was angry every motion I filed anyway. This is the reason why I am attempting another avenue.
I would love to seek counsel, but since I lost my 70,000 savings that resulted in this action and 10,000 addition to a crooked attorney, I cant afford one. Thus, on-line advice.
This is my final question; I am aware of "res judicata," but my understanding is that legal doctrine does not prohibit one from filing a separate law suit as long as it is a different claim filed?
The current suit was not dismissed on merit as she "tentatively" dismissed it because the real attorneys lied and said I didn't provide them with discovery, even though I submitted over 160 discovery questions dispite the rules against in excess of 35 (judge forced by to do that without the attorney having to prove it was a complicated case and therefore needed more discovery than regulated). I did, however, send via email, as was agreed, but attorneys lied about the agreement also and despite my emails confirming she dismissed the day before trial was suppose to begin. Not to mention she spoke to me as If I were a convicted child molester, so if I could file another suit, to avoid even walking into that particular courtroom, it would be desirable.
Thats My Final Post, for today at least.
My question is can I file a suit against the company that breached a contract with me and file a septate suit against the CEO fort libel as long as I could prove the elements.
That way I could hold the CEO who committed the egregious acts financially accountable for the cost of the suit instead of the agencies insurance covering the cost.
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