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Brookings, Oregon

Alan Shore - https://www.youtube.com/shorts/nYEzak7b03k

 only filed over the septic -I can't connect to the city sewer without great expense - because my neighbor didn't stop with drones, etc. I felt I had no choice.

 

Disqualification or Recusal is determined by the Reasonable Person Test, but judges rarely disqualify themselves. 

 

Ultimately, I chose to dismiss my case against all defendants without prejudice before any ruling was issued because I could NOT receive a fair trial under Judge Martin Stone or use binding arbitration. Mediation alone was $7000 for one day without discovery. Then, arbitration. One doesn't pay a judge $500 an hour for a trail.

Judge Stone allowed my neighbor to delete important content from her TikTok account, which was central to my defamation claim without facing any consequences. This effectively enabled her to create her own facts without evidence. As a result, my motion for summary judgment was rejected - filed because accusing someone of committing fraud is defamation per se. 

 

I was left facing a trial that was leveled to a “he said/she said” situation where the defendant had legal representation paid for by homeowner’s insurance. I, the plaintiff, had no such support, leaving me at a clear disadvantage in terms of both representation and courtroom dynamics where she had the at home advantage in Brookings, Oregon.​ Jurors are not disclosed until the day of trial. This prevented me from vetting them for potential personal or professional connections to the Bergs.

 

Judge Stone also denied my request for a simple pretrial hearing. This allowed the Berg's to introduce any evidence and/or witness without my knowing about it in advance so I could prepare. 

Regarding Tiffany Berg’s light pollution of my property, Judge Stone ruled that I was not entitled to know what qualified the Bergs' so-called "expert" or what kind of camera they planned to bring onto my land, which I argued was unconstitutional. I testified that I had previously attempted to capture the light's damaging effects using a low grade camera without success but then a high grade camera on an iPhone did capture the damage. Therefore, the type of camera was important to avoid chicanery.

Throughout the discovery process, Judge Stone repeatedly excused the Bergs’ failure to provide substantive responses. When I requested technical specifications regarding the light, for example, I received only multiple pictures and videos of the light receptacle and nothing about the light bulb. I received 20 identical less than 1-minute videos of the light receptacle, which their attorney deleted when I complained. Further, in response to my discovery request they provided evidence online from their lawyer’s server, which they deleted when I complained.

Tip: Demand that evidence be delivered on a read only device so the other party can’t alter it.

Discovery was not only obstructed. It was costly and exhausting. I attempted to obtain records from TikTok, Google, and Facebook. A TikTok attorney falsely claimed that Tiffany Berg’s account didn’t exist; I later discovered she had simply blocked me and deleted relevant posts while keeping the account active. Google insisted I needed a California court’s approval to enforce an out-of-state subpoena, which was incorrect. Even so, Judge Stone denied my discovery requests to bias my case unfairly.

A prominent real estate broker in Brookings, Oregon told me: “Buyers have no rights in Brookings.” 

Regarding the sellers, Judge Stone forced me into binding arbitration, despite my constitutional objections. I presented detailed legal arguments, but he dismissed them outright, stating that since the phrase “binding arbitration” was in bold text in the contract, I must have understood its ramifications. I did not.

 

I discovered that arbitration is financially stacked against individuals without deep pockets. I discovered that it would have cost me approximately $3,500, a total of $7,000 for one day without discovery. For arbitration one pays $500 an hour for a retired judge even though one pays nothing for a judge for a normal trial. …and statistically arbitration outcomes tend to favor the defendant, with lower success rates of 17% than trials at around 40% to 50%.

In the end, I dismissed all parties from the case because I no longer had faith in Judge Stone's court. I lost over $10,000, a year of my retirement, and gained no resolution. Meanwhile, Tiffany Berg continues to harass both me and my workers, and her outdoor light continues to damage my property.

It’s frightening how easily attorneys can make false claims without evidence, and even when proof is submitted and objections are raised, judges like Judge Stone always rule for the well connected. In his courtroom, the kangaroo just keeps on jumping.

For more read my book, which you can find on Amazon. 

TIP: Don't waste your money with the court. Solve you issues yourself, anyway you can.​​

TIP: NEVER sign a real estate contract with a binding arbitration and mediation clause. It's a scam that benefits judges and the legal profession. It is an attempt to privatize our courts for the well-connected. Maintain your right to a trial and appeal!

Binding Arbitration

© Copyright 2012, Kelmar Publishing LLC.    A Call For Court Reform and Tips to Navigate the Court System

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