anti-SLAPP, attorney John S. Morgan Beaumont, James Landess, James Landess Triamerica, James McGibney, Jeffrey Dorrell Hanszen Laporte, Klein Investigations, Klein Investigations & Consulting, Louis Wenzel San Antonio Attorney, Philip Klein Nederland Texas, Texas Citizens Participation Act, Tom Retzlaff
Good day, eh? Well, if you are Beaumont, Texas, attorney John Morgan this is not a good day – or even a good week. But then again, he is a CONVICTED child abuser, a CONVICTED perjuror, a drug addict, and a man facing no less than FOUR separate State Bar investigations. Seriously – 100% VERIFIED!!
So why was this not a good week for John Morgan (who we don’t like)?
It looks like Morgan just had his lawsuit hijacked out from under him by an extremely violent, extremely Vexatious Litigant – and there is not a god damn thing he can do about it.
Hey, BV Files – what is this San Antonio lawsuit all about and why should we care? you ask. Well, let Admin Mike’s “medical” marijuana bong cool down a bit and he will tell ya!
This case arises from nearly a decade of legal wrangling between plaintiff V.B.M. and her former husband, defendant James Landess, over custody of the two children of the marriage, T.L. and B.L. Landess lost. After a trial on July 21-24, 2009, Judge Karen Pozza of the 288th District Court of Bexar County, Texas, signed an order giving V.B.M. the exclusive right to establish the primary residence of the children in Monclova, Mexico. V.B.M. did so. This loss infuriated Landess, who has tried to thwart Judge Pozza’s ruling ever since.
Shortly after the custody ruling against him, Landess began claiming that V.B.M. “kidnapped” the children. On May 21, 2010 — although Landess had been welcomed into E.M. and V.B.M.’s Monclova home as a guest to visit the children only one week earlier and thus knew exactly where the children lived — Landess claimed he did not know where the children were and that V.B.M. had “kidnapped” them.
Because of Landess’ increasingly bizarre – and dangerous – behavior a Mexican court issued an order on August 2, 2010, limiting Landess’s rights of possession of the children and set a trial to terminate Landess’s parental right.
So what does Landess do when faced with such opposition? He hires a heroin addled e-Detective by the name of Philip Klein of Klein Investigations & Consulting from Nederland, Texas. Hooray!! Victory is close at hand, right?
When the Mexican court officials attempted to serve Landess, Klein decided that, because he was much smarter than any stupid lawyers, that he would write the Mexican Consul General on behalf of Landess and tell them to #GFY. CHECK IT OUT!
Mr. Landess believes that the court (s) (sic) ruling in the United States … supersedes any ruling of the Mexican Courts under the Hague act (sic) of International Law. Mr. Landess further feels that any attempt by the Mexican Courts to circumvent the ruling of the courts in the United States is a violation of the said act. Again, after careful review… of International Law, and under the guidelines of the Hague Act (sic) — he declines to accept any legal paperwork as requested by the court (s) (sic) of Mexico.
FUN FACT: There is, of course, no such thing as the “Hague Act.” There are no “guidelines” of which Klein could have performed any “careful review” before declaring that V.B.M., a citizen of Mexico, was subject to “arrest and deportation” to the United States. Klein simply made it all up. Why? Because he is a drug addict and a dumb ass.
Based upon Klein’s well thought out legal advise, Landess refused to appear in the Mexican lawsuit and defaulted.
Pretending all along not to know of the Mexican suit of which Landess had instructed Klein to refuse service on his behalf, Landess and Klein had already put their plan for an “end-run” around the Mexican judicial system into action. Importantly, at this point, since V.B.M. had resided in Mexico with the children for two years, Mexico had acquired dominant jurisdiction over the children pursuant to the Texas Family Code, Section 152.105!!
Despite the Mexican courts’ May 2010 and August 2010 orders limiting Landess’ parental rights Klein then began his usual campaign of fear and intimidation against V.B.M. such as what Klein tried to do with American Hero & Honorary Admin of the BV Files Thomas Retzlaff.
In a letter dated December 20, 2010, Klein identified himself as agent for Landess to “facilitate the children’s return to Texas” and to “bring Federal and International Charges for your arrest and extradition to the United States to face charges.” With misspelled words, misused legal terms, and pseudo-legal gibberish, Klein pretended he had power to withhold prosecution and threatened V.B.M. with criminal punishment if she did not surrender her children to Landess and Klein:
Ms. [V.B.M.], there is no negotiation room. You must have the children back in the United States my (sic) by January 2, 2010, (sic) or you will face felony extradition to the United States under the Hauge (sic) Act. (sic) I have attached a copy of the Hague application that is currently pending in the United States (see attached). If you do not comply — you have a chance of going to prison for a very long time. I urge you to end this matter now.
Apparently under the mistaken belief that the Hague Convention is a law enforcement organization operating under the aegis of the U.S. Government, Klein somewhat comically copied his letter to “the United States Department of State — Hague Convention.”
FUN FACT: The “Hague Convention” is a series of international treaties and declarations, and may refer either to the Hague Convention of 1899, the Hague Convention of 1907, or later conventions negotiated at international peace conferences at The Hague in the Netherlands.
Along with the Geneva Conventions, the Hague Conventions were among the first formal statements of the laws of war and war crimes in the body of secular international law. The “Hague Convention on the Civil Aspects of International Child Abduction” was a multilateral treaty entered into force between the signatories on October 25, 1983, to ensure the prompt return of children who have been abducted from their country of habitual residence or wrongfully retained in a contracting state not their country of habitual residence.
If you don’t believe us, just ask famous Internet Attorney Sue Basko as she knows all about this shit!
While Philip Klein is a total clown, there was nothing comical about Klein’s blood-curdling closing threats to this young woman:
It will only be a matter of time before that knock on the door comes and you are placed into custody for felony warrants for your arrest…. There will be nowhere to hide — we will find you…. Either you will send the children back now and not face charges or you will begin a process that will place you in prison for a very long time and you will not be able to watch your children grow up.
Since at least 2010, Landess has continued to use false allegations of “child kidnapping” to harass and threaten his ex-wife and her new husband.
At one point Landess signed a false statement to detectives of the San Antonio Police Department saying that he was entitled to full custody of his children although Landess knew the Mexican court had ruled against him in May 2010 and again in August 2010
Like notorious internet troll and well-known DRUG ADDICT James McGibney (who we don’t like) before him, Klein published a “Web Log” or “Blog” containing numerous FALSE statements regarding both E.M. and V.B.M., BOGUS claims of “criminal” records and “criminal” violations, along with FAKE court “records” and silly photo-shopped photos – all in an effort to harass and intimidate.
KLEIN EVEN MADE A SILLY LITTLE “WANTED” POSTER claiming that:
[V.B.M.] is wanted for: Felony Interference with Child Custody, NCIC 0955280- Warrant issued August 1, 2010. There is also a stop notice on her passport.
So what do people with first-hand knowledge of this situation have to say to Klein about what he was doing to these people? CHECK IT OUT!
So how did our drug addicted, defective e-Detective Philip Klein respond to this young girl, the sister of the two supposed “kidnapping victims”? CHECK IT OUT!
Klein then continues his attack against this very young girl. Notice at the very end he throws out the claim that he “knows” that this comment is, in fact, being written by the mother (as an impersonation of this girl Erica). But not even Klein himself believes this as you can see from the tone of his conversation with Erica – Klein just makes that comment at the end as a way of trying to discredit this girl and to diminish her comment. CHECK IT OUT!
Landess used false statements and perjurious testimony to obtain criminal indictments against his ex-wife and her new husband in Bexar County, Texas.
Klein helped to engineer these bogus criminal charges by submitting his own affidavit to law enforcement that contained libelous statements regarding “wanted felon V.B.M.” who had “kidnapped” her children and was assisted by “current husband E.M.” Both the statements and affidavits omit any discussion of the valid order from the court in Monclova, Mexico—about which both Klein and Landess knew—that gave V.B.M. the right to have her children there.
In February 2013, E.M. was arrested in Hidalgo County, Texas, as he drove through Texas for a business trip. He was booked and posted $10,000 bail. E.M. was obliged to retain counsel to defend the unfounded and falsely procured charges.
Shortly after being arrested, the District Attorney realized what had happened and dropped all charges against the pair. They later filed Petitions for Expunction of Arrest Records in the San Antonio District Court, which was not opposed by the District Attorney; thus, establishing once and for all that there lacked probable cause for these indictments and that E.M. and V.B.M. were the INNOCENT victims of two criminals – James Landess & Philip Klein!
As a result of these false arrested, the ex-wife and her new husband sued Landess and Klein for $8 million for malicious prosecution, false imprisonment, and defamation after the defendants procured false criminal charges against the plaintiffs and then created a blog on which they falsely bragged that the plaintiffs were “wanted fugitives” with “active warrants” for their arrest for interference with child custody. CHECK IT OUT RIGHT HERE====> Klein lawsuit – 2nd amend petition
This lawsuit was filed by American Hero & Honorary Admin of the BV Files Houston attorney Jeffrey Dorrell.
Hey BV Files! Okay, great, so what does all of that nonsense have to do with Retzlaff and him hijacking this lawsuit out from under Klein and Morgan? you ask.
Good question. The short answer is: Not a motherfucking thing. Seriously.
In order for you, our teeming MILLIONS of readers, listeners, and supporters, to understand what happened next you really need to be a drug addicted mentally retarded person, such as:
- James McGibney
- Philip Klein
- John Morgan
- Jay Leiderman
- James Landess
Ever since mid-June 2016 San Jose, CA based revenge pornographer / sexual blackmail artist James (Jimmy the PissBoy) McGibney (who we don’t like), has been having a nerd rage ever since Retzlaff done “stole” his GoDaddy websites out from under McGibney. For some odd reason, McGibney seems obsessed at trying to prove the existence of some kind of “conspiracy” between our two American Heroes & Honorary Admins of the BV Files Houston attorney Jeff Dorrell and Tom Retzlaff.
The problem for McGibney – and all the other mentally retarded drug addicts who buy into his nonsense – is that he seems to equate people banding together to fight his obnoxious and vexatious SLAPP suits as them some how all being involved in an ILLEGAL conspiracy against him and that they are violating the law. Like he just thinks his opponents are supposed to lay over and bow down before him without nary a whimper or a fight.
Unfortunately for him, neither Retzlaff nor Dorrell give two shits about McGibney’s point of view or beliefs. Both of them have the time, money, skills, and desire to crush him and his stupid little ViaView company like a bug – with plenty of whoop ass left over for Philip Klein and John Morgan – seriously!!
To give the you, our teeming MILLIONS of readers, listeners, and supporters, some background, Retzlaff was involuntarily brought into the Klein lawsuit when Morgan and Klein thought that it would be a good idea to have Arizona-based GoDaddy.com served with a “deposition subpoena” – by fax from Beaumont, on July 13, 2016. Morgan issued identical subpoenas in at least two other Texas cases, as well, all seeking the same information regarding Retzlaff’s personal business records and email correspondence from GoDaddy regarding the Rauhauser websites.
Retzlaff is a nonparty to all of the underlying cases. However, the subpoena can be challenged by the person subpoenaed, by a party to the suit, or by any person affected by the subpoena. Tex. R. Civ. P. 176.6(d), (e). Thus, pursuant to Tex. R. Civ. P. 192.6(b), Retzlaff filed his motion for protective order in the trial court.
In that motion for protection Retzlaff outlined various reasons why the GoDaddy subpoenas were illegal and unenforceable, not the least of which is the fact that Klein and Morgan were trying to subpoena an Arizona entity from well-outside the 150 mile subpoena range of the trial court as GoDaddy.com is in Scottsdale, AZ and Morgan and Klein directed their subpoena to GoDaddy.com at that location.
FUN FACT: Other reasons for objecting had to do with the fact that NOTHING about these GoDaddy websites (which were obtained by Retzlaff in mid-June 2016) was at all relevant to the Klein lawsuit, which was filed in November 2014 regarding incidents that had happened in the proceeding months and years between James Landess, his ex-wife, and her new husband in that child custody case!!! Morgan and Klein were just going on a fishing expedition at the expense of Landess and his attorney Louis Wenzel. Because, to be honest, the only people hurt by Morgan’s actions were Landess and Landess’ attorney, Wenzel – not Retzlaff, not Dorrell, and certainly not the ex-wife, V.B.M.
According to papers filed in this lawsuit,
Retzlaff and Dorrell have been on the receiving end of at least six SLAPP suits filed by Morgan either individually or on behalf of one of his clients / cronies.
- In re Does 1-2, 337 S.W.3d 862 (Tex. 2011).
- Rauhauser, et al, v. McGibney & ViaView, 2014 Tex. App. Lexis 13290 (Tex.App. – Ft. Worth Dec 11, 2014, no pet.).
- McGibney, et al. v. Retzlaff, 2015 U.S. Dist. LEXIS. 79434 (N.D. Cal. June 18, 2015).
- Johnson-Todd v. Morgan, 2015 Tex. App. Lexis 4904 (Tex.App. – Beaumont 2015, pet. denied).
- Johnson-Todd v. Morgan, 480 S.W.3d 605 (Tex.App. – Beaumont 2015, pet. denied).
- Viaview, Inc. v. Retzlaff (2016), 1 Cal.App.5th 198.
Each of these cases resulted in a victory for Retzlaff and/or Dorrell. FYI – in the Fort Worth case the trial court there signed a SLAPP sanctions order against Morgan’s client (a California based revenge pornographer / sexual blackmail artist named James McGibney) for $1.3 million on Dec 30, 2015.
Again, Retzlaff is not a party to the underlying lawsuit and there are no allegations in the pleadings saying that he is. Nor does he know the plaintiffs, V.B.M. and E.M., their children, or had anything to do with what happened to them, and he was not listed as a witness in any of the pretrial discovery by any of the parties.
But what is the tie-in here is the fact that American Hero & Honorary Admin of the BV Files Houston attorney Jeffrey Dorrell is representing the plaintiffs and, as mentioned above, Dorrell and Retzlaff have a long “history” with Morgan and Klein, and Morgan’s revenge pornographer client James McGibney of San Jose, CA.
So when Retzlaff filed his Motion for Protective Order in the trial court objecting to these bogus GoDaddy subpoenas, Morgan responded by filing a SLAPP suit against Retzlaff in the guise of a legally and procedurally defective Motion for Contempt Against Tom Retzlaff in which Morgan sought over $985,000 in fines against both Retzlaff and Dorrell, and their incarceration for over 32 1/2 years.
Oh, but there is more. Hold on….
BUT WAIT – THERE’S MORE!!!!
Hey BV Files – So where are we at now and what happens next? you ask? Well, while the case was on appeal in the Fourth Court of Appeals in San Antonio, Morgan thought that he would be sneaky and try to pull some super shady, underhanded BULLSHIT (to use a medial term) in the trial court by trying to run off and get things set for hearing and have his motions signed and stuff like that. Unfortunately for him, Retzlaff and Dorrell caught wind of his schemes and dropped the Ban Hammer on Morgan and Klein in the form of a Court Order. CHECK IT OUT!!
So now the entire matter has been dropped into the laps of the San Antonio Court of Appeals in the form of an accelerated appeal involving the Texas Citizens Participation Act (the state anti-SLAPP law).
And exactly how serious is Retzlaff taking this case? THIS MANY SERIOUS….
Retzlaff is asking for $1 million in anti-SLAPP sanctions and over $15,000 in attorney’s fees and expenses (which will certainly be much, much higher by the time this is all said and done with).
Morgan tried to get Retzlaff’s case thrown out by claiming that Retzlaff was a “vexatious litigant” and, thus, is not allowed to file court papers. The court of appeals obviously did not buy this argument and denied Morgan’s and Klein’s dismissal request less than five hours after Retzlaff made his response.
Yes, ladies and gentlemen, it is time once against to play America’s (and the World’s!) favorite contest – Where in the world is TR? Guess correctly and you WIN A NEW CAR!!!
Hey McBitchney! You know the nice thing about having a rich family? (Besides, you know, having a RICH family??) I’m going to Disneyland, bitch, and you can’t cuz you ain’t got no monies! Go Fuck Yourself, you little cocksucker!! Where is your restraining order now, bitch?
— Some Random Person We’ve Never Heard Of Before
In the mean time, check out this LIVE VIDEO FEED from inside the home of James McGibney!