The left is coming after conservative attorneys, getting them disbarred. Without them, we are going to be unable to represent ourselves since the legal system is biased against pro se litigants. Nick Casavelli and his longtime wife Niki Castelli never thought their dispute with an attorney they retained for their business would turn into an 8-year-long battle in the court system, which still has no end in sight. They have been unable to find an attorney to represent them, since most attorneys are terrified to take on the system in the manner the Casavellis need.
The couple alleges that their former attorney, Bryan Eastin, wrongfully helped their business partner take money from them, and then turned around and used the legal system against them as pro se litigants to avoid any consequences. The experience has convinced the Casavellis that the justice system in Maricopa County is a “good ole boy” network, where lawyers and judges look out for each other and squelch the efforts of anyone outside of the system who learns the law as well as they have.
"They're trying to take everything we own including our home — everything over $250,” Niki told me, referring to sanctions the court hit them with, which have resulted in a lien on their home. “A judge has labeled us ‘vexatious litigants,’ but we are simply trying to save our home and get the truth out about the injustice that was done towards us. Powerful players in the legal system have colluded to make us look like the bad guys, instead of their mistreatment of us due to being pro se litigants. We’ve faced years of discrimination merely for not having an attorney.”
It all began when the Casavellis hired Eastin to form an LLC for them to flip houses with their
business partners Gary and Donna Johanson. As is common in that industry, there were
plenty of tenant issues that cropped up. The Casavellis said they have paperwork which shows that Eastin advised Johanson to steal money from the LLC and his sister-in-law’s trust,
transferring it to himself claiming hardship. They believe the Johansons and Eastin were also stealing money from Eastin’s sister-in-law in Washington state, forging documents to take $700,000 from her. The woman’s long-term care provider filed a complaint, which prompted a criminal investigation by Washington state authorities.
In order to allegedly divert attention from the criminal investigation, the Casavellis said Eastin filed a civil complaint against them, accusing the pair of threatening to kick an elderly couple out of their house. He served them with a subpoena — but they believe the clerk’s stamp appeared forged, it did not look like other stamps by the clerk. When they pointed that out to the judge, now-retired Maricopa County Superior Court Lisa Daniels Flores, who was appointed to the bench by Governor Janet Napolitano, she sanctioned them with a monetary penalty. When they objected to the sanctions, she sanctioned them again.
The Casavellis believe Eastin forged over 280 documents. They said in a divorce case he was involved with, the ex-wife alleged in pleadings that he engaged in forgery. They filed a bar complaint against him, but the State Bar of Arizona did nothing.
One of the sanctions against them was $2,300, and the judge demanded a list of everything they had over $250, including about businesses they owned previously. A lien was placed on their home.
The couple said they watched Flores tell Eastin what to do in order to get their counterclaims dismissed. They said they have also watched her advise him how to get documents admitted into evidence. They believe documents are being backdated — a deposition was stamped with a date of trial, but they said it could have not taken place that day due to the trial.
They called into one hearing and sat on hold for 17 minutes, and have the phone records to prove it, but were never pulled into the call. Later, they were accused of missing the hearing, but court documents prove it was held one day earlier than noticed to them.
Maricopa County Superior Court Judge Sally Duncan, who was appointed to the bench by Napolitano and originally assigned to their case before she retired, labeled them “vexatious litigants,” even though they are defendants, not plaintiffs. The phrase refers to litigants who file lawsuits or motions solely to harass or subdue a legal adversary. As a result, they’re unable to file many pleadings since the docket clerks have been instructed not to accept them. They have been prohibited from filing pleadings in other, unrelated cases.
However, the list of vexatious litigants on the Arizona Supreme Court’s website does not include them. They appealed the designation, and have had some success at the appeals court getting the designation limited.
Maricopa County Superior Court Judge Bruce Cohen denied the Johansons’ summary judgment about the Casavelli’s home and ruled in their favor, allowing the Casavellis to keep their home, yet Eastin states those claims are still able to go to trial.
The couple filed a civil rights lawsuit over their treatment, naming judges and Eastin. It went nowhere, as the defendant judges’ Motion to Dismiss was granted. The Casavellis said the Arizona Supreme Court awarded $10,000 in attorneys fees against them over the complaint — even though that court never actually accepted the case on appeal.
The couple said Duncan admitted during a telephonic hearing that she was violating their rights. The Casavellis filed a complaint against Duncan, but nothing came of it. They also recorded Eastin saying during a hearing that he had bribed Duncan for $60,000. It must have been a joke.
The Casavellis have had some strange things happen to them which they believe are related to the litigation, but they cannot prove it. Nick was shot by an unknown assailant with a .40 caliber handgun, Niki was hit by a car, and a Molotov cocktail was thrown at their house, causing damage. They believe their computers were hacked and deliberately infected with the powerful Neshta virus. They said Eastin bought their old domain name, NC3 Media, even though it was related to their animation business and irrelevant to him.
The Casavellis documented their legal experiences with Maricopa County on a site called Reaper Times. They said it has made no difference, perhaps because their case is so complex it would take hours for an average person to grasp the situation. However, no one has sued them for libel, which they believe is evidence they have reported everything accurately.
Their case is finally headed to trial probably within the next few months. They hope it will ultimately be resolved in their favor. If not, they may lose their home.
“We just want to get on with our lives,” Nick told me. “The experience has taken up hundreds of hours of our lives defending ourselves, that we will never get back. It’s exhausting. But if we can help improve the system for others who aren’t insiders and connected, maybe some good will come out of it.”
Reprinted from WND