Wednesday, September 21, 2011

Court Rules Bralalalala Suing Based on Sexual Battery and Libel, Not Extortion

  Rock singer and transgender personae Bralalalala is suing Spider Man art director David Klassen for sexual battery, intentional infliction of emotional distress and libel. Klassen is being sued following the criminal investigation. Klassen and his attorney girlfriend Marsili tried to counter sue Bralalalala for extortion. They also tried to allege extortion deceit and fraud as defenses in their court answer to Bralalalala's complaint. However, the court found no basis for these defenses and cross complaining causes of action. The court ruled there is no civil cause of action for extortion under the basis for which the two brought their complaint and affrimative defense forward. The two clearly wanted to use the civil court process to create an in civil court created and manufactured "extortion" by Bralalalala of Klassen and attorney girlfriend Marsili. They really don't approve of Brala's free speech right to file a complaint in a court of law, no matter what the issue, according to their website on Brala. There was no transaction or threat related to these allegations according to any filed document. Bralalalala filed a police report within 3 days of the incident, without any consideration of seeking anything other than justice. The two made a hate site on Bralalalala www.bralalala.com within a week of the police report making the case public voluntarily from their end. As for any victim of a crime seeking media exposure however, to pressure the perpetrator into proper behavior such as an admission, punishment and apology, that also does not fall under extortion. The fact of the matter is Bralalalala is an enraged victim of a crime and continued abuse by now Klassen and Marsili. Their bigoted behavior is a disgusting disgrace to all the is right, fair and good. Bra is a talented singer, and one who is too often  treated as a sub human no matter how talented she is, based on her transgender personae. The ruling appears not to be appealable as the cross complaint was not dismissed in its entirety, leaving them with a "malicious prosecution," allegation regarding the police sending the battery charge twice to the DA for prosecution after their investigation of the matter, and the libelous website injunction request previously made  by Bralala also still pending in this action. They also retain a general denial of the incident of sexual battery, but having waived a consent defense. Their distinction of facts reads in their cross complaint saying Bra spent her time alone with Klassen arguing about having sex with Marsili without any incident between the two directly occurring. They also have "truth" and "first amendment" affirmative defenses as to the libel charge of the admitted hate site advertised within the entertainment industry for over a year now. The DNA report will be available soon in this case. In short, they now not only are in reality guilty, but now also in court they have very little case left.
          The court has ordered the case to mandatory non binding arbitration. The judge said the animosity is too severe and people need to think about what they are doing. The case valuation will not be at issue verbatim as Bralalalala will not stipulate to an arbitration. The arbitration will serve as a recess if nothing else from what will still likely be a trial based on all indications from Marsili and Klassen.
         The case is heard in Santa Ana Court case #30-2011-0047-4023. All case documents are available at http://www.occourts.org/