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Michael T. Pines, who as a North County lawyer advised clients to retake possession of their foreclosed homes, has filed another suit. (His license has been snatched by the state bar, but he can file his own suit.) This suit was filed Feb. 14 in Los Angeles federal court. Named as defendants are the City of Carlsbad; L.A., San Diego and Ventura Counties; bankruptcy trustee Leslie Gladstone and lawyer Gary Slater; San Diego District Attorney Bonnie Dumanis; Orange County Judge Andre Manssourian; San Diego Deputy DA Jim Romo; the state bar; the State of California and several others. A judge ordered that Pines be given a mental exam last year. In the suit, Pines says his civil rights have been violated.

Editor's note: There are two attorneys named Michael Pines, the other is a personal injury attorney in La Jolla.

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Comments

Don Bauder Feb. 17, 2012 @ 10:31 a.m.

NOTE: I forgot to add that Pines, who has been arrested and incarcerated several times, is out of jail now. Best, Don Bauder

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SurfPuppy619 Feb. 17, 2012 @ 1:29 p.m.

The judges are immune from lawsuit with two exceptions that will not apply to Pines. The DA and Dork Romo will be immune unless they were acting as investigators and not prosecuting attorneys, and that is very possible as Dumbass is now finding out in the Cynthia Sommers lawsuit. The State Bar will be 1005 PROTECTD by the federal court, even if they are in the wrong. The federal courts do not allow any lawsuit t proceed against the State Bar, not matter what the merits of the case are, they are in the State Bars pocket.

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Don Bauder Feb. 17, 2012 @ 7:24 p.m.

I'm not sure Pines's suit will even get that far. Best, Don Bauder

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SurfPuppy619 Feb. 17, 2012 @ 6:25 p.m.

Was just chekcing the federal docket and it appears Pines filed the exact same lawsuit in September 2011,

2011-cv-07581

http://dockets.justia.com/docket/california/cacdce/2:2011cv07581/512281/

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Don Bauder Feb. 17, 2012 @ 7:25 p.m.

Whether this is the same as the September suit is something I don't know because I did not read either suit. I took it from Justia as you did. Best, Don Bauder

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Burwell Feb. 17, 2012 @ 7:15 p.m.

The judge probably tossed out the first lawsuit so Pines refiled the lawsuit a second time to correct the defects in the first filing.

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Don Bauder Feb. 17, 2012 @ 7:26 p.m.

That could well be, Burwell. How long do you suppose this one will last before being thrown out? Best, Don Bauder

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SurfPuppy619 Feb. 17, 2012 @ 8:33 p.m.

When a judge tosses lawsuit he does with prejudice, meaning ti cannot be refiled, or he does it without prejudice, which means it can be refiled. Judges are SUPPOSED to allow the litigant a chance to fix any defects, so most are tossed without prejudice. But most of the time the judge put s deadline on refiling the lawsuit-but not always.

I think B may be right, the first lawsuit was tossed, or maybe Pines dropped it himself without prejudice, and this is the new one. He is fighting an uphill battle, but one that does have a chance.

He will get NO WHERE against the State Bar, not even out of the starting gate. The State Bar is 100% protected by the federal courts. Dumbass and her dorky sidekick Romo could be subject to liability for sure if they were doing things like they were in the Cynthia Sommers case-which is moving forward b/c Dumbass was denied immunity.

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Don Bauder Feb. 17, 2012 @ 10:19 p.m.

As I said, SP, I don't know that the February suit was the same as the September one. I don't know if the judge threw it out in September without prejudice and Pines just tuned it up. I'm not going to look it up. Best, Don Bauder

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Burwell Feb. 17, 2012 @ 10:53 p.m.

Under federal and state laws when a lender knowingly makes a loan that a borrower has no ability to repay, the loan is treated as a gift. Such loans are unenforceable in court. In order to obtain clear title to property a borrower in default should only have to prove that (1) s(he) filed an honest loan application, and (2) a prudent lender should have known that the borrower lacked the financial wherewithal to make the payments. If borrowers in default establish that mortgages are actually gift loans, then Judges should void mortgages and transfer clear title to borrowers. I think Pines was angered that Judges were illegally ordering foreclosures on houses that were financed with gift loans, and it drove him over the edge because he couldn‘t stop it.

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SurfPuppy619 Feb. 17, 2012 @ 11:24 p.m.

Judges will go out of their way to protect the gov, and since the Big Banks/Big Business are in bed with the gov and basically own the upper levels of gov the judges will protect them- I mean come on, how else can you explain the fraud that went on with no/not a single prosecution for financial fraud???

Our country is like a banana republic where the elite top levels of government and the rich are protected and allowed to destroy the social and financial fabric/backbone of the nation. it is sad, but our country is crumbling. We have been in recession/depression since 4th quarter 2007, that is close to 5 long years with no end in sight.

The country we are leaving our kids and grand kids will be far worse for them than it was for previous generations.

Mike Aguirre had posted some comments on the UT's website today about how the San Diego pensioners of the last 10 years have wrecked it for the rest of us out of pure greed-he made some great points (as he always has). I wish Mike could be elected Mayor.

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Don Bauder Feb. 18, 2012 @ 6:58 a.m.

You make good points, SurfPup. We have returned to Robber Baron days -- both in the shocking imbalance of wealth and income (which continues to worsen), and in business interests owning government. Federal Reserve policy and Supreme Court decisions such as Citizens United exacerbate the problem and drive us closer to the cliff. Best, Don Bauder

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Don Bauder Feb. 18, 2012 @ 6:54 a.m.

Perhaps, Burwell, but from my studies of this situation, I think Pines was pretty close to the edge before the foreclosure abuses escalated. The problem is that the foreclosure abuses have been horrible and the federal government is only gently slapping the wrists of the banks. Typical mollycoddling. It's too bad that somebody like Pines becomes a prominent symbol, so to speak, of opposition to these abuses. Best, Don Bauder

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Don Bauder Feb. 18, 2012 @ 9:39 a.m.

Murphyjunk, I have not heard that Pines has been declared a vexatious litigant. I read the state bar report, but don't remember any mention of that. I am not aware that any judge has said he is a candidate for being declared a vexatious litigant. Although he has filed a lot of suits, he may not have filed enough to get that designation. Best, Don Bauder

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SurfPuppy619 Feb. 18, 2012 @ 5:55 p.m.

The vexatious litigant label should never be used in a situation where only two lawsuits have ben filed. A vexatious litigant declaration should ONLY be used where there are literally tens, hundreds of lawsuits and ALL of them fail.

The courts also use the label to stop legit lawsuits, don't be si sure the label is always accurate or legit.

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Don Bauder Feb. 18, 2012 @ 10:10 p.m.

It's been my experience that those named vexatious litigants have filed many, many suits -- maybe hundreds. Best, Don Bauder

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