1 Cal.App.5th 198, anti-SLAPP, Attorney Jay Leiderman, Brittany Retzlaff, Brittany Retzlaff sex video, James McGibney, James McGibney Bullyville, James McGibney Rosendin Electric, Judge Carol Overton, Marines United revenge porn, Revenge Porn, Rosendin Electric, Thomas Retzlaff Hanszen-Laporte Law Firm, ViaView, ViaView Inc v Retzlaff
San Jose, California based revenge pornographer James McGibney (who we don’t like) has just been ORDERED by Judge Carol Overton of Department 11, Superior Court for the State of California, County of Santa Clara, to pay compensation to American Hero & Honorary Admin of the BV Files Thomas Retzlaff and his daughter Brittany in the amount of nearly $3,500!
To date, James (Jimmy the Piss Boy) McGibney has written 137 “articles” about American Hero & Honorary Admin of the BV Files Thomas Retzlaff on his Bullyville.com website. As our long time readers will recall, a continuing narrative on McGibney’s websites, and among the members of the McGibney Gang, is the repeated claim that Retzlaff surreptitiously took nude photographs and made sex videos with his daughter, Brittany Retzlaff, and then posted them online. CHECK IT OUT:
BIG SURPRISE, MCGIBNEY LIED!
To add further insult to injury, McGibney posted Brittany’s mother on his Cheaterville website, too, in July 2014.
McGibney did this, and much, much, more, in an effort to try to leverage and blackmail the Retzlaff family into providing McGibney with information about Retzlaff.
Unfortunately for McStupid, all he got in return was spoon-feed conspiracy theories and nonsensical emails which he and his attorneys then ran off to court to try to use as “evidence” in their LOLsuits against Retzlaff.
See, in the world McGibney lives in, he thinks it is normal for family members to betray and back stab one another. But he forget a very important legal phrase:
Timeo Danaos et dona ferentes
And as a result, all of his cases came crashing down around him in utter defeat and on June 22, 2017, McGibney was ORDERED to reimburse Retzlaff for his court costs in that San Jose restraining order case. CHECK IT OUT!!
FUN FACT: Pursuant to California Code of Civil Procedure § 683.010, judgments from Superior Courts are immediately enforceable upon entry. There is no waiting time to see if the person is going to appeal or not. Money judgments are stayed on appeal only by posting a bond. (Code of Civil Procedure § 917.1.) Liens are already being filed against ViaView, McGibney, and his wife Christina with the state which will effect their credit ratings. The next move is to have ViaView’s business license suspended and to conduct a Debtor’s Examination in which McGibney and his wife will be ordered to appear for questioning by Retzlaff under oath.
Over on the Bullyville website McGibney, as a part of his Murder Prevention Plan, posted the following claims about a supposed investigation into Retzlaff involving the above posting on McGibney’s own Cheaterville website:
Now as you all can clearly see, NONE of these photos were taken with a hidden camera. Brittany is clearly posing for them.
However, as stated in recent court papers, Retzlaff stated that he was never contacted by the Texas Rangers with regards to this claimed investigation. So he did what anybody would do, which is to contact the Texas Department of Public Safety (which runs the Texas Rangers) and demand a copy of the full and complete report.
Some Random Person We’ve Never Heard Of Before was kind enough to email us the below document earlier which ought to end once and for all McGibney’s claims of there being any kind of super secret investigations.
This matter was laid to rest many, many years ago and Thomas Retzlaff was never considered a suspect and was never once contacted by the Texas Rangers. The Rangers did a full and complete investigation and found ZERO EVIDENCE connecting Retzlaff to any sort of wrong doing whatsoever. CHECK IT OUT:
These records are provided to you at no cost as the matter has been closed as ‘Unfounded’ and no suspect was ever identified.
Wow! Just wow. So James McGibney is lying yet again. Is anyone surprised by this development?
It was nearly three and a half years ago when James McGibney (who we don’t like) was dumb enough to pick up a gun, stick it in his mouth, and pull the trigger when he decided to file the first of a series of three SLAPP lawsuits against a random group of people who might (or might not) be a part of some Grand Civil Conspiracy Theory.
American Hero & Honorary Admin of the BV Files Thomas Retzlaff receives a unanimous decision from the California Sixth District Court of Appeal in the final LOLsuit that had been filed against him by San Jose revenge pornographer and accused pedophile James McGibney (who we don’t like). Thus, bringing to a final end a series of SLAPP lawsuits filed against Retzlaff – and many others – by McGibney.
As our long-time readers will recall, McGibney claimed to be the Sheriff of the Interwebs and the Ultimate Decider of what is “good” and “bad” in the Twitterverse. If you had the temerity to say something that he did not like or to disagree with him in any way, McGibney would promise to come after you with ‘both guns blazing’ using what he claimed was his Online Army of Internet Vigilantes from the illegal hacking group Anonymous.
McGibney claimed to having a group of Navy SEALS at his beck and call as his own Personal Army.
James McGibney hired Deric Lostutter to work with him as his employee for McGibney’s revenge porn ViaView company.
Unfortunately for McGibney, Lostutter, 29, was just sentenced to two years in federal prison after pleading GUILTY to computer hacking and lying to the FBI in March 2017.
Prosecutors proved that Lostutter, using the alias “@KYAnonymous,” participated in a hacking campaign beginning in December 2012 with the intention of intimidating and harassing an individual who ran a website dedicated to the Steubenville (Ohio) High School football team.
In another exciting bit of lulz, yet another McGibney Gang member who was also just sent off to federal prison for computer hacking, Matthew Keys, just had his sentence affirmed by the U.S. 9th Circuit Court of Appeals on Monday, June 26, 2017.
Keys was also represented by well-known drug addict, Jay Leiderman, of Ventura, CA – the same man who represented McGibney throughout all of these LOLsuits.
Keys was accused of giving out a username and password for his former employer KTXL Fox 40’s content management system (CMS) to members of Anonymous and instructing people there to “fuck some shit up.” Ultimately, that December 2010 incident resulted in someone else using those credentials to alter a headline and sub-headline on a Los Angeles Times article.
In 2016, Keys was found guilty on three counts of conspiracy and criminal hacking after a jury trial. In April 2016, he was sentenced to two years in prison, and he is scheduled for release at the end of April 2018.
Who else do we know of that likes to participate in hacking campaigns with the intention of intimidating and harassing individuals he doesn’t like?
Our long time readers will recall that in the Texas lawsuit that McGibney had filed against Retzlaff, Neal Rauhauser and many others, that McGibney had claimed to have hacked into the emails accounts of American Hero & Honorary Admin of the BV Files Houston attorney Jeffrey Dorrell. McGibney further admitted to have planted child pornography onto the law firm’s computer servers in an effort to cause problems for Dorrell and his law firm.
McGibney has done this with many, many others. CHECK IT OUT!
And lastly here is McGibney claiming (falsely) that he has hacked into our BV Files blog and obtained IP addresses of our visitors.
Recall that this was not the first SLAPP suit that McGibney filed.
A special note of thanks goes to American Hero & Honorary Admin of the BV Files Houston attorney Jeffrey Dorrell who is a partner with the Hanszen Laporte Law Office for his tireless efforts here!
For those of you new to BV Files, here is a guide to help you understand the players, who we don’t like, and why:
- ViaView, Inc. is a company incorporated in Delaware that is owned by seven guys involved in the construction industry in Las Vegas, Nevada.
- Cheaterville.com is a revenge porn site that is run by ViaView. On Cheaterville people can post intimate photos and personal details about their ex-. If you find yourself posted on Cheaterville, you will be forced to pay them $199 (or more!) if you want to ransom back your photos and get the post removed.
- Bullyville.com is a hate speech / bullying website that is run by ViaView. While on the surface the website looks innocently enough, if you just barely scratch the surface by looking in its Articles section you will find some of the most vile and ugly hate speech one could ever imagine.
- James Alexander McGibney. He is born in Oct. 31, 1973, from the town of Monroe, NY, who lives in San Jose, CA, and is married to Christina Orduna McGibney (born in June 12, 1981 in the SF-Bay area), with whom he has three small boys with. He is a liar, a thief, and a criminal – seriously. He has falsely claimed to having an Executive Education from Harvard Business School. He does have a FAKE college degree from Chadwick University, a well known diploma mill since shut down by the Govt., and has filed for Ch. 7 bankruptcy at least twice in recent years.
The owners of ViaView consist of the following individuals:
- Dave Suder – West Coast President/CEO of KHS&S Contracting, who is also on the Board of Regents for Servite Catholic High School in Anaheim, CA. His son David Stone Suder is currently on trial in Orange County, CA for multiple counts of child rape involving VERY YOUNG CHILDREN set to begin in August 2016!
- Mark Caspers – Senior Partner & CEO at Las Vegas based Integrated Capital & Development Solutions (ICDS).
- Michael T. Carr – a man who calls himself “The Profit Prophet” (bet he didn’t see this coming?) and who is currently in hiding from his wife’s divorce lawyer.
- Wayne P. (Pat) Hibbs – Senior Vice President at Ledcor Construction Inc. in Las Vegas.
- Nikolas (Nick) Mamula – owner of a Las Vegas pre-fabricated stone products & tile company called T. Nicholas Co.
- Scott Corey Ryan – a lawyer licensed to practice law in Arizona, Illinois, and Nevada who is employed as Senior Vice President & General Counsel for Tutor Perini Building Group in Phoenix, AZ.
- James McGibney – serial resume fraudster & deadbeat with TWO Chapter 7 bankruptcies under his belt.
Q: What is an LOLsuit and why do you constantly refer to them here?
A: An LOLsuit is a portmanteau from taking “LOL” (Laugh Out Loud) and combining it with “lawsuit.” Thus, an LOLsuit is a joke lawsuit, or a lawsuit that is a joke. Note that it is a very real lawsuit filed in a real court. But the premise behind the lawsuit, or the legal reasoning expressed therein, is a total joke (i.e. makes one LOL when reading it).
ViaView and McGibney have been sued FOUR times in federal courts for defamation, blackmail, extortion, and RICO violations.
- Powers v. Cheaterville.com & McGibney; Case # 2:13-cv-01701-JAMCKD, filed in the U.S. District Court for the Eastern District of California dated August 16, 2013.
- Quainoo v. McGibney & Cheaterville.com; Case # 1:14-cv-00674-JKB, filed in the U.S. District Court for the District of Maryland dated March 7, 2014.
- Holmes v. ViaView, Inc. & McGibney; Case # 1:13-cv-04270-HLM, filed in the U.S. District Court for the Northern District of Georgia dated May 28, 2014.
- Baldwin v. McGibney & ViaView, Inc.; Case # 1:14-cv-23941-PCH, filed in the U.S. District Court for the Southern District of Florida dated December 7, 2015.
There have been many news reports throughout the world reporting on these and other lawsuits that have been filed.
Revenge pornographer and tax deadbeat McGibney works for San Jose, CA based Rosendin Electric. We urge each and everyone of our teeming MILLIONS of readers, listeners, and supporters to immediately reach out and contact Rosendin Electric to protest their hiring of a piece of human garbage.
FUN FACT: Millions of you have taken part in this nationwide poll thus far. At the bottom of the article we would ask our newest readers to please take part and help us decide once and for all.
On June 22, 2016, you will recall the Court of Appeals conducted oral arguments in this case. According to James McGibney’s one remaining supporter, oral arguments did not go well for Retzlaff.
For those of you curious, here is a link to the audio of the arguments so you can listen in and decide for yourself. It costs $20 for the CD, so many thanks to Some Random Person We’ve Never Heard Of Before for laying out the cash and getting this for you all!
So here is what the California Sixth District Court of Appeal had to say in a unanimous decision handed down just two weeks after the conclusion of oral arguments. CHECK IT OUT!
PLEASE PAY SPECIAL ATTENTION TO THE YELLOW HIGH LIGHTED PORTIONS OF THIS DOCUMENT
FUN FACT: On no less than TEN SEPARATE OCCASIONS the Court of Appeals makes specific note that McGibney had NO EVIDENCE to support any of his claims against Retzlaff. None whatsoever. Take note, too, that the Court specifically states that it is disregarding the brief filed by ViaView because of a failure to cite to the appellate record. This is a real big deal for a court to do and is not done lightly.
Here are just a couple quotes to take note of from the Court:
But to oppose the motion to quash, ViaView had to do more than rely on allegations. It had to produce admissible evidence that supported its jurisdictional facts. ViaView produced no evidence to support this assertion.
ViaView did not present any competent evidence in opposition to the motion to quash that Retzlaff made the threats alleged in the petition or the additional threats McGibney complained of at the hearings on the TRO.
ViaView argued that the court had personal jurisdiction because Retzlaff’s conduct was directed at California since he published McGibney’s California address and was “telling people to go kill [McGibney] and rape his wife here in San Jose.” ViaView submitted a brief and “a massive stack of proof” to support its allegations, which the court agreed to read over a break. (Neither the brief nor the “massive stack of proof” is in the record.)
Oh, and check this out!
In addition, there was no evidence the police or the district attorney are investigating this case
We conclude that ViaView has failed to demonstrate with competent evidence that Retzlaff had sufficient minimum contacts with California
BUT WAIT – THERE’S MORE!!!
ViaView also argues that when a defendant commits a crime in the forum state, he purposefully avails himself of the forum. It argues that it is illegal to harass, threaten, and stalk an individual, and it asserts that jurisdiction is proper based on the criminal nature of Retzlaff’s alleged threats against McGibney and his family. But this is a civil case, not a case about a prosecutor’s ability to prosecute alleged criminal acts that originate outside the prosecutor’s home state.
Here is a link to the Lexis version of the Opinion for your viewing pleasure====> ViaView v Retzlaff – 2016 Cal.App. LEXIS 549
For those wishing to cite this case in their own legal papers, here it is:
ViaView, Inc. v. Retzlaff (2016) 1 Cal. App. 5th 198
2016 California Rules of Court
Rule 8.278. Costs on appeal
(d) Recoverable costs
(1) A party may recover only the following costs, if reasonable:
(A) Filing fees;
(B) The amount the party paid for any portion of the record, whether an original or a copy or both. The cost to copy parts of a prior record under rule 8.147(b)(2) is not recoverable unless the Court of Appeal ordered the copying;
(C) The cost to produce additional evidence on appeal;
(D) The costs to notarize, serve, mail, and file the record, briefs, and other papers;
(E) The cost to print and reproduce any brief, including any petition for rehearing or review, answer, or reply;
(F) The cost to procure a surety bond, including the premium, the cost to obtain a letter of credit as collateral, and the fees and net interest expenses incurred to borrow funds to provide security for the bond or to obtain a letter of credit, unless the trial court determines the bond was unnecessary; and
(G) The fees and net interest expenses incurred to borrow funds to deposit with the superior court in lieu of a bond or undertaking, unless the trial court determines the deposit was unnecessary.
(2) Unless the court orders otherwise, an award of costs neither includes attorney’s fees on appeal nor precludes a party from seeking them under rule 3.1702.
So how did McGibney’s attorney, Jason (Jay) Leiderman from Ventura, California, react to this surprising (not so surprising) decision?
HE QUIT THE CASE!
Check out this email Leiderman wrote to Dorrell and Retzlaff yesterday (June 7, 2016) in response to a message from Retzlaff. (FYI: Leiderman’s response is on the top; the initial email is below it.)
Oh, and lastly do not forget that there are the two Petitions for Writ of Mandate regarding the removal of the trial judge and the quashing of the WordPress subpoena that Retzlaff won, too.
Of course, if you wish to take the word of McGibney’s last remaining supporter, these, too, are about to be dismissed and Retzlaff will lose yet again:
Yeah, whatever, asshole.
Shortly thereafter, Retzlaff appeared on Blog Talk Radio to discuss the case:
IS JAMES MCGIBNEY (WHO WE DON’T LIKE) A PEDOPHILE?
So take part in our newest and bestest poll ever and help answer this age-old question once and for all!
And remember: no matter how badly your life may be going at this present time, you’re not as big a loser as James McGibney is. After all, he has lost EVERYTHING due to the efforts of one or more determined persons or people who might or might not have been engaged in a vast conspiracy against him – and it was all done for the lulz!