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In a surprising development that should come as no surprise, owner and founder of Bullyville.com / ViaView, Inc., James McGibney (who we don’t like) of San Jose, California, and his Vicodin using attorney, Jason (Jay) Leiderman of Ventura, CA have admitted in open court very recently to committing a series of crimes going back to at least October 2013 and continuing to the present day.


 

Wow!  We here at the BV Files are shocked, absolutely shocked we tell ya, at the complete disregard for the laws of this great state of California and of the United States of America shown by these two partners in crime.

Be advised, this will be one of our longest articles yet, filled with all sorts of documents, some naked pictures, and music.  It took us a very long time to get it all together.  So we hope that you will enjoy it – especially you, Piss Boy!

CJ tweet of 8-17

 

JAY LEIDERMAN AND JAMES MCGIBNEY ARE A COUPLE OF CRIMINALS WHOM YOU SHOULD AVOID HAVING ANY KIND OF SOCIAL OR PROFESSIONAL RELATIONSHIPS WITH WHATSOEVER – SERIOUSLY!

YOU HAVE BEEN WARNED


 

fire fox

For the best viewing experience, we would urge you to use Mozilla Firefox web browser.


 

 

 

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:

  1. ViaView, Inc. is a company incorporated in Delaware that is owned by seven guys involved in the construction industry in Las Vegas, Nevada.
  2. 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.
  3. 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.
  4. James Alex 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.

 

ViaView Logo

The owners of ViaView consist of the following individuals:

  1. 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!
  2. Mark Caspers – owner of Las Vegas based Caspers Construction Company, LLC.
  3. 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.
  4. Wayne P. (Pat) Hibbs – President/CEO of Caspers Construction Company, LLC.
  5. Nikolas (Nick) Mamula – owner of a Las Vegas pre-fabricated stone products & tile company called T. Nicholas Co.
  6. Scott Corey Ryan – a lawyer licensed to practice law in Arizona, Illinois, and Nevada who is employed by Caspers Construction Company, LLC.
  7. 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).


 

Stop picking on me

I am not Thomas. We are not Thomas. We are sure that there is a Thomas (somewhere), and that he might have said some mean things on the interwebz, but he is not me, and I am not him, and he is not us. Nor are we Neal, Jo Jo, Lane, Sue, Jennifer, Jeffrey, Mark, Layne, or Lora (all people whom McGibney has accused us of being).


 

latest news

BUT FIRST SOME UPDATES….

We just when you thought things could not be getting any better for McGibney’s Texas attorney John S. Morgan of Beaumont, Texas, they suddenly took a turn for the worse.

John S. Morgan - Beaumont, TX

John S. Morgan – Beaumont, TX

As our long time readers will recall, attorney John Morgan is a criminal who was arrested and plead guilty to filing false police reports against his ex-wife.  He is also a convicted child abuser who tried to get his own then 13-year old daughter, Anne, to make false sexual abuse claims against her own mother.  Needless to say, this stupid scheme did not work and totally blew up in Morgan’s face.

John Morgan is pending disbarment proceedings in Texas, which should surprise no one.  After all, as a great man likes to point out, “Bad things happen to bad people and [John Morgan] is a bad person.”  Yeah, no shit.

So what’s happened now?  Well it seems that one of our American Heroes and Honorary Admins of the BV Files, Houston, Texas, attorney Jeffrey Dorrell, has filed a motion with the Texas Supreme Court in which he is seeking $10,000 in personal sanctions against Morgan on account of Morgan’s lying to the court and filing a frivolous appeal – something that Morgan has done at least thirty times before in other cases.

CHECK IT OUT!

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Motion for Sanctions_Page_7

 

Recall that Morgan still owes his ex-wife over $255,000 in attorney’s fees.  In our opinion, Morgan can always sell his house at 1605 Weston Court.

Morgans house

 

Presently pending in the 9th Court of Appeals is an anti-SLAPP motion for sanctions against Morgan on account of him filing a really stupid lawsuit against the attorney for his ex-wife claiming that this attorney, along with a whole bunch of other people, are all involved in a Grand Civil Conspiracy against Morgan to run this here blog and to libel and defame and slander the good name of John S. Morgan.

Of course Morgan forgets that:

  1. He is an attorney for a piece of human garbage who runs a revenge porn / blackmail website that abuses little girls (and some men!).
  2. Morgan, himself, is a convicted child abuser.
  3. And he is a criminal who has filed a series of vexatious SLAPP suits.

 

6th CA Ct of Appeal

As promised, here is Part Four of the brief filed by American Hero and Honorary Admin to the BV Files Tom Retzlaff that was filed with the California Sixth District Court of Appeal.  More will be posted in future articles.  Please enjoy….


But while you read this document, and the rest of the BV Files, we would invite you to listen to some music we have placed here.  See if you can guess who the group is and WIN A NEW CAR!  It is from a group that is near and dear to the heart of Admin Dean.  They are a local group and Admin Dean is good friends with one of the members.  So that should help narrow it down some.  They have been around for over 20 years and Admin Dean has been to many of their concerts, most recently at the House of Blues a couple of months ago.  So check it out and if you like it, or like the idea of music with our post, just holler.


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Wow – that’s some pretty cool stuff, eh?  Stay tuned for more postings of the appellate brief in upcoming articles!!

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Logo

https://www.rosendin.com/

https://www.rosendin.com/

Yes, Rosendin Electric clearly does seem to be a supporter of the sexual harassment and blackmail of little girls and young women everywhere.

But why would this man below, Tom Sorley, the President of Rosendin Electric, want to support the victimization of men, women, and children across the globe by hiring an obvious lunatic like James McGibney to be his Director of Information Technology Infrastructure?  Who knows.  Maybe Vicodin is involved here somehow.  Maybe some people just like to abuse those that they feel are beneath them socially or morally.

 

Tom & Kendra Sorley with their grandchildren Sophia & Kendall

Tom & Kendra Sorley with their grandchildren Sophia & Kendall

 

It could even be that he doesn’t know about McGibney.  After all, Rosendin is a very big company with over 5,000 employees.  So perhaps some of you, our teeming MILLIONS of readers, listeners, and supporters, should take it upon yourselves to give a Shout Out to Tom Sorley and Rosendin Electric to let them know what you think about revenge pornographers and blackmail artists working at their facility.

Rosendin Executive emails

 

 

 

Speaking of those who support revenge pornography and the sexual blackmail of young women, here is another person who wishes to express her support for James McGibney (who we don’t like).  Look what sister wrote on her Facebook page!

BV's sister supports revenge porn

This is really funny, and a bit sad, when you consider the fact that, when James (Jimmy the Piss Boy) McGibney filed the first of his Chapter 7 bankruptcies, one of the people whom he stiffed was his very own sister, Deidre.  (Though, to be fair, she isn’t his ‘real’ sister.)  But we wonder if they took part together in all the naked Golden Showers Jimmy describes in his recent news magazine article, which you can check out right here====> http://america.aljazeera.com/articles/2014/10/7/james-mcgibney-bullyville.html

Future Cheaterville Girls?

Future Cheaterville Girls?

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Google-SEO

Hey – wanna see something really cool?

 

Google ranks BV Files above Bullyville

and check this out

Rosendin google search

 

Its a good thing that one of our Admins here really knows how to wield Google SEO like a weapon, right?

 

Hey Jimmy – remember the good old days?  Way back in 2013??

 

For some reason or another, we are beginning to think that corporate America has been saying, “He’s doing it wrong!  Stop!!”  But McStupid is just too dumb to listen.  Which explains why there are no more advertisers or celebrity sponsors on any of his ViaView websites.

The Tears of McGibney = Lulz

 

 


Fun Fact:  At a recent court appearance, someone who saw McGibney in person said he looked like a meth addict.


This man casts a very long shadow over the life of James McGibney

This man casts a very long shadow over the life of James McGibney

Poor little Piss Man.  All his stupid ViaView revenge porn / blackmail dreams crushed while Some Random Person We’ve Never Heard Of Before plays golf all day long.  Thanks to the Random Person for the pictures!


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on with the show


Cartman

 

In what seems to be a continuing sage of One Big Fail After Another, James McGibney (who we don’t like) and his truly incompetent attorney, Jay Leiderman, just cannot seem to manage to force our American Hero and Honorary Admin of the BV Files, Thomas Retzlaff, into that San Jose restraining order courtroom.  It seems that despite over EIGHTEEN MONTHS of huffing & puffing they still cannot get our Hero Retzlaff to obey even the simplest of their commands to respect the authority of the Almighty James McGibney to be the Police of the Interwebs and to Do What He Says – or Else!

Better do what McGibney says

 

In the latest example it seems that McStupid and his Vicodin using attorney forgot something when they left to go to the courthouse – they forgot that ViaView, Inc. has no legal capacity to be filing lawsuits, anywhere within the state of California!!

The term “standing” has been applied by the courts to two legally distinct concepts.  The first is legal capacity, or authority to sue.  The second is whether a party has asserted a sufficient interest in the outcome of a dispute.

Standing and capacity to sue are related, but distinguishable legal concepts.  Capacity requires an inquiry into the litigant’s status, i.e., its “power to appear and bring its grievance before the court”, while standing requires an inquiry into whether the litigant has “an interest in the claim at issue in the lawsuit that the law will recognize as a sufficient predicate for determining the issue.”

Whereas capacity to sue goes to the right of a person to come into court, standing to sue goes to the issue of the right of a person who has capacity to sue to sue for relief on the cause of action alleged.  Get it?

So what happened is that about three weeks ago, our American Hero and Honorary Admin of the BV Files, TR, noticed that McGibney was a deadbeat who had not been paying any taxes for a very, very long time.  How did he know this personal financial information about McStupid, we do not know.

Because ViaView, Inc. is the plaintiff that brought the workplace violence TRO / injunction case in San Jose to begin with, it has to be a legal entity recognized by the laws of the state of California.  This is Law School 101 that any Second Year law student should have figured out long time ago, such as when Lane Lipton was sued in federal court wayyy back in March 2014.  But some attorneys are not on the ball as other attorneys are.

But our American Hero and his team of legal eagles noticed this, wrapped it all up in a motion and stuck it onto the desk of one Judge Socrates Manoukian in Department 19 of the Santa Clara COunty Superior Court.  And here for the first time ever is the transcript from that hearing that we obtained from a recent court filing in the court of appeals.

CHECK IT OUT!

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When you read this we want you to take notice and realize one very important thing:  All it took to destroy McGibney and his LOLsuits was for one attorney to ask McGibney one question while under oath in front of a judge.

One Question.

From One Attorney.

Just think of what will happen in Texas when McGibney really gets grilled in court once his attorney Evan Stone gets served with a subpoena compelling McGibney’s PERSONAL APPEARANCE.

 

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Pretty cool, eh?

Hey, BV Files, so how did McGibney & Leiderman commit all these crimes that you claim?, you ask.  Well, just sit down and listen…


Revenue and Taxation Code section 23301 provides that “the corporate powers, rights and privileges of a domestic taxpayer may be suspended” if it fails to pay “any tax, penalty, or interest that is due and payable” to the Franchise Tax Board.   Except for filing an application for tax-exempt status or amending the articles of incorporation to establish a new corporate name, “a suspended corporation is disqualified from exercising any right, power or privilege.” Timberline, Inc. v. Jaisinghani (1997) 54 Cal.App.4th 1361, 1365;  see also Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2006) 136 Cal.App.4th 212, 217 [suspended corporation cannot “exercise the powers and privileges of a corporation in good standing”].


Consequently, “[d]uring the period that a corporation is suspended for failure to pay taxes, it may not prosecute or defend an action [citation], appeal from an adverse judgment [citation], seek a writ of mandate [citation], or renew a judgment obtained prior to suspension [citation].” Grell v. Laci Le Beau Corp. (1999) 73 Cal.App.4th 1300, 1306;  see also Palm Valley Homeowners Assn., Inc. v. Design MTC (2000) 85 Cal.App.4th 553, 560 [suspended corporation is “disabled from participating in any litigation activities”].


During the trial of this case it was established that James McGibney (the owner & CEO of ViaView, Inc.) moved to San Jose, CA in October 2013.  During the August 17, 2015, hearing, McGibney admitted to never having obtained a Certificate of Qualification from the California Secretary of State’s Office. See Reporter’s Transcript at pg. 4, lines 16-18.  Thus, from the very moment that James McGibney and ViaView, Inc. set foot into the state of California and set up business here without bothering to pay any of the required taxes to the state Franchise Tax Board, or obtaining any of the proper business licenses from the city of San Jose, or getting a Certificate of Qualification from the Secretary of State, they were in essence “suspended” based upon a failure to pay taxes right from the get-go.

 

It is a misdemeanor to try to exercise the rights and powers of a suspended corporation in California. Revenue and Taxation Code Section 19719.

It shall be unlawful for any person, either for himself or for any other person, to commence, transact or carry on any business in the city not excluded by this chapter without first having procured a license from the city to do so, or without complying with any and all provisions contained in this chapter. The carrying on of any business without first having a license under this chapter from said city so to do, or without complying with any and all provisions of this chapter, shall constitute a separate violation of this chapter for each and every day that such business is so carried on.

San Jose Municipal Code Chapter 4.76.170 – License – Required

 

A violation of this statute is a misdemeanor punishable by a fine, jail time, or both.

See Chapter 4.76.900 – Violation deemed misdemeanor – Penalty.

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Thus, TR’s super special Special Appearance attorney got both McGibney and Leiderman to admit to committing a series of criminal transgressions spread out over a period of several years.  Each day of operation without a license is considered a separate crime. 

So what does this mean for their restraining order case and their dreams of TR being arrested and hauled off to prison?  Check it out below!

 

D's mtn to dismiss - filed 8-24-15_Page_1

 

 

STRAIGHT FROM THE RECENTLY FILED MOTION TO DISMISS

In People v. Gonzalez, 12 Cal. 4th 804, 50 Cal. Rptr. 2d 74, at page 817, the California Supreme Court stated that it is well established that a party cannot be held in contempt for violating an order that a trial court issued in excess of its jurisdiction: “The rule is well settled in California that a void order cannot be the basis for a valid contempt judgment.”

Plaintiff’s lack of capacity to sue on the claim is treated as a “jurisdictional” defect and is not waived by defendant’s failure to raise it by demurrer or answer. “(C)ontentions based on a lack of capacity involve jurisdictional challenges and may be raised at any time in the proceeding.” Common Cause of Calif. v. Board of Supervisors (1989) 49 Cal. 3d 432, 438; see also Associated Builders & Contractors, Inc. v. San Francisco Airports Comm’n (1999) 21 Cal. 4th 352, 361.

As established during the August 17, 2015, hearing, foreign corporations that want to do business in California must obtain a “certificate of qualification” from the Secretary of State, which requires filing certain papers and paying certain fees. Corporations Code Section 2105. A foreign corporation that has not qualified with the state can be subject to criminal fines.

Further, the company may file a lawsuit but may not “maintain” a lawsuit without complying. Corporations Code Section 2203(c); United Med. Managemt Ltd. v. Gatto, 49 Cal. App. 4th 1732, 1739 (1996). If the corporation files a lawsuit, the other side can raise the defense that the plaintiff lacks the capacity to do so.

While plaintiff [McGibney & Leiderman] seems to think that this is a “fixable issue”, it really is not. That is because plaintiff had to have had proper capacity to begin with starting at the very inception of this lawsuit way back on March 17, 2014, when it filed this lawsuit. In order for a ‘person’ to file a lawsuit, the individual must have the capacity to do so.

Capacity to sue is the right to come into court. Parker v. Bowron (1953) 40 Cal. 2d 344, 351, 254 P.2d 6; Friendly Village Community Assn., Inc. v. Silva & Hill Constr. Co. (1973) 31 Cal. App. 3d 220, 224, 107 Cal. Rptr. 123; see also Klopstock v. Superior Court (1941) 17 Cal. 2d 13, 18-19, 108 P.2d 906. All persons have the capacity to sue unless limited by statute. Because plaintiff ViaView, Inc. never had a license to do business or a Certificate of Qualification, its capacity to sue had been limited by statute even before it came into court, and, thus, the injunction is void.

THE MOTION TO DISMISS GOES ON TO SAY

In addition to, or in the alternative of, the above arguments, it is defendant’s [TR’s] position that, ever since Cleveland v. Gore Bros., Inc. (1936) 14 Cal.App.2d 681 [58 P.2d 931], courts in California have repeatedly and consistently held that the revivor and restoration of the corporation’s rights, privileges and powers do not have retroactive effect in respect of commencement of the prosecution of a lawsuit. See, e.g., Welco Construction, Inc. v. Modulux, Inc. (1975) 47 Cal.App.3d 69, 71; V&P Trading Co., Inc. v. United Charter, LLC, et al., (2012) 212 Cal.App.4th 126, 133.


 

Under the law, because ViaView, Inc. never had proper authority or capacity to file this lawsuit to begin with – and never established itself as a California corporation or obtained the proper licenses or certificates – any judgment granting the 527.8 Workplace Violence Petition was a nullity and is completely and utterly void.

Vexatious

 

And this is what you get when you are willing to spend $15,000 in legal fees on a group of attorneys, all so one attorney can walk into a courtroom and ask just one question that results in the complete and utter destruction of your opponent’s case.

Seriously.

 

Isn’t that cool?

 

Stalkerville

 

 

 

For years James McGibney and his revenge porn / blackmail company ViaView have sought the spotlight. But McGibney needs to remember something very, very important: For a man in his position, the spotlight can turn into an interrogation lamp pretty damn fast!

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