Victor Mignogna v. Funimation Productions, LLC, et al. (2019) - Vic's lawsuit against Funimation, VAs, and others, for over a million dollars.

[Crazedking]

From my understanding it is not part of the record right now, which is the reversible error Vic is Appealing.

Chupp initially said he would likely consider it, then later rejected it and said it wasn’t admissible.

did he? i thought it was one point of contentation that he never struck it out of the record and simply chupped/ignored it?

 

[Adach_Ame]

Disregard that

 

[Garm]

did he? i thought it was one point of contentation that he never struck it out of the record and simply chupped/ignored it?

One was withdrawn by Ty and promptly replaced with unsworn affidavits.

 

[Crazedking]

One was withdrawn by Ty and promptly replaced with unsworn affidavits.

so if i understand right, the second amended petition was struck out but the unsworn affidavits are in?

 

[Urbanmech]

From my understanding it is not part of the record right now, which is the reversible error Vic is Appealing.

Chupp initially said he would likely consider it, then later rejected it and said it wasn’t admissible.

so if i understand right, the second amended petition was struck out but the unsworn affidavits are in?

They never rejected it just said that he didn't consider any evidence after the rule 11 agreement date, the 2AP is still on the record. That's why you got the Lemoine letter trying to get the 2AP get struck from the record and the whole Slatosch Depo shenanigan's. Lemoine needed the 2AP gone completely/ or hope Slatosch was a "liar" during depo for appeals.

 

[Adach_Ame]

so if i understand right, the second amended petition was struck out but the unsworn affidavits are in?

No. The the SAP was never struck

 

[Garm]

so if i understand right, the second amended petition was struck out but the unsworn affidavits are in?

I think it is still the "second amended petition." It just had unsworn declarations.

Cougar'd by Urbanmech.

 

[Adach_Ame]

I think it is still the "second amended petition." It just had unsworn declarations.

Cougar'd by Urbanmech.

Make that double

 

[Thomas Talus]

Chupp's Chuppery presents a number of potentially interesting issues.

It's never good for a client for a case to present a number of potentially interesting issues. It's great for the lawyers, as long as the retainer holds out.

 

[AnOminous]

so if i understand right, the second amended petition was struck out but the unsworn affidavits are in?

The Second Amended Petition was never stricken, but Chupp also stated he wasn't going to consider it, despite an explicit rule stating he has to.

"The TCPA requires the trial court to 'consider the pleadings and supporting and opposing affidavits stating the facts on which the liability or defense is based' when determining whether a legal action should be dismissed. TEX. CIV. PRAC. & REM. CODE §27.006(a) (emphasis added)."

Just ignoring the pleadings while not providing any reason for disregarding them was a major Chupp-up.

 

[Urbanmech]

The Second Amended Petition was never stricken, but Chupp also stated he wasn't going to consider it, despite an explicit rule stating he has to.

"The TCPA requires the trial court to 'consider the pleadings and supporting and opposing affidavits stating the facts on which the liability or defense is based' when determining whether a legal action should be dismissed. TEX. CIV. PRAC. & REM. CODE §27.006(a) (emphasis added)."

Just ignoring the pleadings while not providing any reason for disregarding them was a major Chupp-up.

I mean he did give a reason though, he said anything after the Rule 11 Agreement date was not considered. Granted its a really weak reason.

 

[Garm]

Make that double

You best me by a second and I was too lazy to edit.

Hats off to you sir.

Edit:

I mean he did give a reason though, he said anything after the Rule 11 Agreement date was not considered. Granted its a really weak reason.

I don't think agreements between parties overide how the judge is supposed to handle it.

The district says "it is a hearing." Chupp did it wrong.

That is what pissed me off. He didn't say "I should look into this in my office lest I make a fool of myself."

Nope. "Shoot from the hip boys!" Is his style.

 

[Girlboy69]

Could Chupp get told off at the very least for that?

 

[I can't imagine]

Could Chupp get told off at the very least for that?

They've apparently done it to him before for similar things in other cases, so I'd assume so.

 

[EmuWarsVeteran]

Welp finally read the appeal. I haven't masturbated this hard for a loooooong time. Man Vic might not be a rapist but BHBC sure commited some kind of rape to the defendant's case.

 

[774]

the footnote for this leads to pages from CR Vol. 1 & 4. Does CR strand for court record or am i dumb?

Pretty sure it's Clerk's Record, but otherwise correct.

"CR" is defined as "clerk's record" in footnote 1.

 

[Riku]

Reading the brief point per point, I'm no lawyer in anyway nor I have any knowledge about law (Ace Attorney is just a nice brand of logic), can't explain why lawtwits are spinning everything as a big failure while it's not and even one as me can understand the points made. Guess they're in for a nasty surprise in the next hearing, then.

 

[Monkey Prick]

Welp finally read the appeal. I haven't masturbated this hard for a loooooong time. Man Vic might not be a rapist but BHBC sure commited some kind of rape to the defendant's case.

Martinez Hsu are working the appeals, I don't think the boomers are capable of filing something this neat.

 

[AnOminous]

Martinez Hsu are working the appeals, I don't think the boomers are capable of filing something this neat.

While being stylistically proper isn't going to win your case, looking obviously off at the first glance is the legal brief equivalent of wearing clown shoes. Just looking at it and not immediately seeing anything that made me say "Oh Jesus Christ" was a relief.

 

[EmuWarsVeteran]

Martinez Hsu are working the appeals, I don't think the boomers are capable of filing something this neat.

Well then it might not be rape after all. Martinez always was one swave motherfucker. He probably took the defendant's case out to dinner at a fancy place first.