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No Halloween treat for Taitz

The Court of Appeal of the State of California, Fourth Appellate District, Division Three has issued a ruling in Taitz v. Obama, just days after Taitz made an oral argument before a three-judge panel, opposed by three empty chairs representing Barack Obama, and Senate candidates Diane Feinstein and Elizabeth Emken. The Court affirmed the earlier dismissal of the suit by Orange County Superior Court.

Taitz had sued to prevent the results of the 2012 primary election from being certified, alleging that Obama was not eligible and that there was massive election fraud in the US Senate race where Feinstein was re-elected. This is the case where Occidental College won a $4,000 assessment of costs (also appealed) from Taitz over an improper subpoena. So why did Taitz lose the appeal?

Let me count the ways…

The essential flaw in Taitz’ original case was that she filed it in the wrong court, a court that lacked jurisdiction under California Law to hear election challenges. That alone doomed the appeal. Taitz argued that if was the wrong court, then the court should have transferred the case to the correct court, rather than dismissing it. Taitz cited a statute that does not apply in support her assertion that there should have been a transfer. Both errors are examples of sloppy procedure on the part of Taitz

Next, even if Taitz had filed in the correct court, she filed too late for the court to do anything about her complaint. The Court of Appeals addressed this point in detail, pointing out the statutory time requirements.

Further, even if she had filed on time, and in the right court, her notice of appeal was untimely because the statute only allows a delay of 10 days after the superior court rules on an election challenge.

She filed motions that are not allowed by law, and she didn’t file the required contest of the general election. Taitz prosecution of her case was a joke.

Finally, her appeal was totally botched in that she provided reams of rubbish about Obama, but failed to provide copies of transcripts and lower court orders which are the fundamental paperwork that must be filed with an appeal.

Taitz never learns.

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44 Responses to No Halloween treat for Taitz

  1. avatar
    Rickey October 31, 2013 at 8:27 pm #

    Orly’s appeal in Taitz v. Obama (formerly Taitz v. Occidental) was dismissed today. The court’s opinion is a laundry list of Orly screwups, including filing in the wrong court, late filing, failure to serve parties, improper service of a subpoena, failure to provide the appeals court with motions, rulings, transcripts, etc. One would almost suspect that she never went to law school.

    http://www.courts.ca.gov/opinions/nonpub/G047746.PDF

  2. avatar
    Curious George October 31, 2013 at 10:41 pm #

    Ya gotta admit, she is consistent.

  3. avatar
    Bonsall Obot October 31, 2013 at 10:44 pm #

    So… on to SCOTUS? Winning!

  4. avatar
    Arthur November 1, 2013 at 12:01 am #

    Bonsall Obot: So… on to SCOTUS? Winning!

    Exactly! Taitz didn’t lose, she simply made a strategic withdrawal in order to mount a new new, and undoubtedly successful, law suit.

  5. avatar
    John Reilly November 1, 2013 at 12:24 am #

    What does it mean that the decision is not for publication? Does that mean it does not exist? It certainly does not appear on her site.

  6. avatar
    Graham Shevlin November 1, 2013 at 1:02 am #

    We can be sure that it will not appear on her site until it has been judiciously edited to prove that Orly Really Really Won and Next Stop Is SCOTUS.

  7. avatar
    Benji Franklin November 1, 2013 at 1:28 am #

    Eventually, Orly will issue a press release from Hell that declares: “Someone has gotten to the Creator of the Universe! Probably Obama’s Chicago thugs! I will never give up but to continue the fight, I need my supporters to get me an air conditioner or an asbestos wig.”

  8. avatar
    JPotter November 1, 2013 at 1:35 am #

    Bonsall Obot:
    So… on to SCOTUS? Winning!

    Lehhhhh-vuhllll …. UP!

  9. avatar
    gorefan November 1, 2013 at 2:32 am #

    John Reilly: What does it mean that the decision is not for publication? Does that mean it does not exist? It certainly does not appear on her site.

    Unpublished opinions generally cannot be used as precedent or cited in future cases.

    http://en.wikipedia.org/wiki/Non-publication_of_legal_opinions_in_the_United_States

    Almost all cases in the Federal Appellate Courts are unpublished.

  10. avatar
    Thinker November 1, 2013 at 6:07 am #

    So I guess she’s got three new defendants for her RICO suit. It’s pretty clear from this ruling that Barack Obama is a usurper and the court was just struggling to nitpick things she did wrong as an excuse to dismiss the case without hearing it on the merits.

  11. avatar
    Notorial Dissent November 1, 2013 at 6:58 am #

    John Reilly:
    What does it mean that the decision is not for publication?Does that mean it does not exist?It certainly does not appear on her site.

    I like an explanation a lawyer I know uses, “Nothing new here, move along.”

    Basically nothing new, or precedential, let alone interesting here, already been covered a million times before.

  12. avatar
    Andrew Vrba, PmG November 1, 2013 at 9:07 am #

    I think Taitz is living proof that consistency isn’t necessarily a good thing. I also nominate her as the poster child for what happens when dementia goes untreated for too long.

  13. avatar
    Reality Check November 1, 2013 at 9:11 am #

    There was no transcript made of the hearing last year because Taitz failed to request a court reporter be present. Taitz assumed the court would provide one but that was not the case in California state courts in her type of case. A real attorney would have asked if a reporter were going to be present and requested one if they wanted to preserve the right to appeal. However, Taitz is to the real practice of law what Mike Zullo is to real law enforcement investigations.

  14. avatar
    donna November 1, 2013 at 9:21 am #

    Doc: Taitz never learns.

    long ago, i came to the conclusion that taitz purposely doesn’t follow the rules, etc so her followers can still say …. but …. but…. there was “no discovery” …….. it wasn’t decided on “the merits”

    Reality Check: Taitz is to the real practice of law what Mike Zullo is to real law enforcement investigations.

    i concur and with taitz (and zullo) it’s by design

  15. avatar
    Andrew Vrba, PmG November 1, 2013 at 9:59 am #

    I sometimes wonder if she sabotages her chances on purpose. I mean, why not? Her cavity creeps are dumb enough to send her money anyway. She probably skims some of it right into her pocket. “Oh no! I lost again! I need you to send me more money!”

  16. avatar
    Rickey November 1, 2013 at 10:49 am #

    John Reilly:
    What does it mean that the decision is not for publication?Does that mean it does not exist?It certainly does not appear on her site.

    Her appeal didn’t break any new legal ground so there is no reason to publish the decision (unless you consider the ensuing hilarity to be breaking ground).

  17. avatar
    donna November 1, 2013 at 11:18 am #

    Andrew Vrba, PmG: “Oh no! I lost again! I need you to send me more money!”

    IF i just had more money, i could win – we would have discovery and decisions on the merits – but alas, with so little money, i lose 😉

  18. avatar
    Andrew Vrba, PmG November 1, 2013 at 11:42 am #

    If she is in it for the money, she’s got a slight problem. She won’t know when to make herself scarce. A good grifter knows when to take the money and disappear! Orly can’t do that, because she’s too in love with being the center of attention. She should take a cue from Zullo, who seems to be done with birthering, and is hiding some place, counting the cash.

  19. avatar
    Joey November 1, 2013 at 1:14 pm #

    Has anybody totaled Taitz’s original jurisdiction, state & federal appellate and SCOTUS consecutive losses on birther-related issues?
    That would be a nice round number to throw in the birthers’ faces.

  20. avatar
    Andrew Vrba, PmG November 1, 2013 at 1:26 pm #

    I dunno, but lately just mentioning her name to birthers makes them act very uncomfortable, especially at birther report. Name dropping her there equates to finding a turd in the punch bowl.

  21. avatar
    Kiwiwriter November 1, 2013 at 1:35 pm #

    I think Taitz deliberately shoots herself in the foot with the procedure, so that she can turn around and say to her suckers:

    “The corrupt judges dismissed my case not on its merits, but on stupid technical reasons! Nobody argued with my evidence! And the reason nobody argued with my evidence is because there is no argument with my evidence! They cannot prove me wrong! I am right! Send me more money and I can overthrow Obama and have my face on posters on every street corner in America! SCREEEECH!”

  22. avatar
    Thinker November 1, 2013 at 1:48 pm #

    I don’t have a better explanation for why she continues to make the same basic mistakes over and over and over again, however…the notion that she deliberately screws things up just doesn’t work for me. She really, really wants serious people to take her seriously. As much as she bitches about media corruption and treasonous members of Congress and Alinsky-ite Obots, I think she secretly would love to be accepted by these groups. I think she is honestly baffled by why people don’t see her as the smart, dedicated, talented, beautiful, strong, principled, patriotic American that she knows herself to be.

    Andrew Vrba, PmG:
    I sometimes wonder if she sabotages her chances on purpose. I mean, why not? Her cavity creeps are dumb enough to send her money anyway. She probably skims some of it right into her pocket. “Oh no! I lost again! I need you to send me more money!”

  23. avatar
    donna November 1, 2013 at 2:07 pm #

    Joey: Has anybody totaled Taitz’s original jurisdiction, state & federal appellate and SCOTUS consecutive losses on birther-related issues?

    i too would like to know that number – perhaps it’s been reported but i don’t recall at this point

  24. avatar
    Rickey November 1, 2013 at 3:29 pm #

    Andrew Vrba, PmG:
    I sometimes wonder if she sabotages her chances on purpose. I mean, why not? Her cavity creeps are dumb enough to send her money anyway. She probably skims some of it right into her pocket. “Oh no! I lost again! I need you to send me more money!”

    I’ve thought of that, but it’s hard for me to believe that the money she gets in contributions comes close to paying her expenses.

    For that matter, I wonder if Orly’s expenses for birfing are legitimate expenses for tax purposes. Since she has no paying clients, the IRS might look upon her birfing as a hobby rather than part of her business.

  25. avatar
    Kiwiwriter November 1, 2013 at 3:40 pm #

    Thinker:
    I don’t have a better explanation for why she continues to make the same basic mistakes over and over and over again, however…the notion that she deliberately screws things up just doesn’t work for me. She really, really wants serious people to take her seriously. As much as she bitches about media corruption and treasonous members of Congress and Alinsky-ite Obots, I think she secretly would love to be accepted by these groups. I think she is honestly baffled by why people don’t see her as the smart, dedicated, talented, beautiful, strong, principled, patriotic American that she knows herself to be.

    Absolutely true…for all of her screeching about her hatred of the mainstream media and corrupt members of Congress, Orly, being a true believer, thinks that those folks are really on their side. They’re just afraid to admit it. Or being suppressed by powerful forces. Blackmailed and threatened. Not allowed to speak the truth. Or they just haven’t had their eyes opened and realized the grandiosity of Orly’s arguments. If they did see Orly’s points and had the wool lifted from their eyes and were freed of the threats against them, Orly thinks these folks at the mass media, the courts, and Congress, would all rally to her side.

    Clueless. She is truly clueless.

  26. avatar
    donna November 1, 2013 at 3:41 pm #

    where is the accounting for the birther lawsuits?

    these people have been “donating” for 5 years with NO timeslips for the amount expended

    don’t they care????????

  27. avatar
    Benji Franklin November 1, 2013 at 4:37 pm #

    Andrew Vrba, PmG: I dunno, but lately just mentioning her name to birthers makes them act very uncomfortable, especially at birther report. Name dropping her there equates to finding a turd in the punch bowl.

    No surprise there, since Taitz exists only to punch up the Birther Turd Bowl!

  28. avatar
    Benji Franklin November 1, 2013 at 5:05 pm #

    Reality Check: However, Taitz is to the real practice of law what Mike Zullo is to real law enforcement investigations.

    Exquisite syllogism RC!

    Now, considering hope for the future of Justice in the United States, a question:
    What would we get if we crossed an Orly Taitz, with a Mike Zullo?

    Answer: Hopefully, insufficient penetration.

  29. avatar
    ArthurWankspittle November 1, 2013 at 6:54 pm #

    Benji Franklin: Exquisite syllogism RC!

    Now, considering hope for the future of Justice in the United States, a question:
    What would we get if we crossed an Orly Taitz, with a Mike Zullo?

    Answer: Hopefully, insufficient penetration.

    More likely the result that the British comic Ronnie Barker suggested in one of his “charity appeal” sketches. He was appearing on behalf of “clumsy people” seeking donation to help them cope with their problems. He then went on to say that the charity was looking to the future and hoping to put aside money for any “clumsy children” born to “clumsy parents” but there hadn’t been any yet…….

  30. avatar
    jdkinpa November 1, 2013 at 9:22 pm #

    Dr. Orly Taitz, Esquire

    Senior Partner in the firm of…

    Doolittle, Delay, and Whine

  31. avatar
    Andrew Vrba, PmG November 1, 2013 at 10:06 pm #

    jdkinpa:
    Dr. Orly Taitz, Esquire

    Senior Partner in the firm of…

    Doolittle, Delay, and Whine

    I prefer the law offices of Dewey, Cheatem, and Howe. They got me a greatly reduced sentence, for when I instigated a that huge pie fight! Shame about my two partners in crime. They got the gallows…

  32. avatar
    Benji Franklin November 2, 2013 at 1:31 am #

    Here’s a Holloween Treat for Birferdumb!

    Just when you think they can’t get any crazier, Cody Robert JudyJudyJudy, pens a threatening letter to Harry Reid, dictating how Obama’s last work days will unfold!

    You must read this, to not believe it!

    http://codyjudy.blogspot.com/

  33. avatar
    G November 2, 2013 at 1:34 am #

    Another word for it is INSANE. She’s simply a crazy, incompetent narcissist with extreme paranoia and hate issues.

    Kiwiwriter: Clueless. She is truly clueless.

  34. avatar
    G November 2, 2013 at 1:48 am #

    Agreed. Look, she has a very wealthy husband and expensive house and lives in the OC. I seriously doubt that the pocket change she gets from fleecing her flock is really that much of a motivator for her or that it covers all of her expenses and time in birthing. No, this is simply hobby money to support her narcissim and ODS habit. She’s in it for the attention and driven by her hate and paranoia, simple as that. But is she likely using those donations irresponsibly, to feed herself at nice restaurants and probably frivolously shop much of it away, as if it was her personal spending cash…very likely and the anecdotal statements from some of her “former” partners in crime (Charles Lincoln, Lucas Smith, etc) suggest that is exactly what she is doing. She doesn’t seem to spend much time on actually doing much of any real research in her cases on her own and just throws cr@p together so she can keep her quixotic court dramas alive.

    She’s in it more for the attention and “thrill” of lazily acting like she’s doing “something” than anything, especially if there is a camera or an interview that she can get out of it along the way.

    As a crusader though, she’s extremely incompetent and “entitled” and probably stinks so bad at it because she thinks she only needs to put in the minimal effort possible and that everyone else should just kowtow to her and be bedazzled by her mere attempts. So, while she clearly greedily grifts for donations, I seriously doubt that they are a main motivator or that truly cover all her costs in this epic fail quest of hers…

    Rickey: I’ve thought of that, but it’s hard for me to believe that the money she gets in contributions comes close to paying her expenses.

  35. avatar
    G November 2, 2013 at 2:02 am #

    ROTFL!

    Yeah, that was a hoot! I really got a kick out of his additional demands (in addition to removing Obama, of course):

    Reparations of 20 million are recommended for my civil rights and a clerk gets fired at the USSC.

    Yep. He basically just demanded the government give him $20 mill and give the boot to a law clerk that hurt his poor little feelings, because he’s lost his frivolous court cases… Certainly sounds more like ransom demands from a hostage taker to me…so it really seems like his personality hasn’t learned or changed much from the Mormon bomb threat fiasco that landed his crazy butt in prision last time…

    Then there is this part…where he considers the ramifications of presidential eligibility on other prominent GOP members:

    Republican potentials in the wings eyeballing the Presidency not qualified under the ‘natural born citizen’ clause including- Ted Cruz – Marco Rubio – Rick Santorum – Bobby Jindal, even perhaps Schwarzenegger.

    Yeah…”even PERHAPS”…because the one that confuses him the most is the only guy on the list who is clearly NOT eligible, being a very well known naturalized citizen and hence clearly born outside of US jurisdiction. ROTFLMAO!

    Ah, crazy people. They can be so entertaining in their delusions at times…

    Benji Franklin:
    Here’s a Holloween Treat for Birferdumb!

    Just when you think they can’t get any crazier, Cody Robert JudyJudyJudy, pens a threatening letter to Harry Reid, dictating how Obama’s last work days will unfold!

    You must read this, to not believe it!

    http://codyjudy.blogspot.com/

  36. avatar
    Notorial Dissent November 2, 2013 at 5:35 am #

    Thinker:
    I don’t have a better explanation for why she continues to make the same basic mistakes over and over and over again, however…the notion that she deliberately screws things up just doesn’t work for me. She really, really wants serious people to take her seriously. As much as she bitches about media corruption and treasonous members of Congress and Alinsky-ite Obots, I think she secretly would love to be accepted by these groups. I think she is honestly baffled by why people don’t see her as the smart, dedicated, talented, beautiful, strong, principled, patriotic American that she knows herself to be.

    Distressingly, I think you have hit the nail on the head. Though I really really would like to believe otherwise, I am slowly coming to the inescapable and disturbing determination that she really does believe in the nonsense she is spouting, and really believes in what she is doing, and really does think she is the world’s greatest lawyer, and that she wants to be, and thinks she should be taken seriously. The fact that she is a clown, and not in the good sense, and hopelessly, terminally, and unbelievably incompetent and inept, as well as being a really truly nasty, bitter, venomous individual does not seem to register on her scope.

  37. avatar
    Bob November 2, 2013 at 11:05 am #

    Judy’s only “activity” listed on his Facebook page is World Net Daily.

    And here he is singing:

    http://www.youtube.com/watch?v=d6bxd-BFmzM

  38. avatar
    Andrew Vrba, PmG November 2, 2013 at 12:38 pm #

    Is he singing that old birther church hymn “Any. Day Now.”?

  39. avatar
    The European November 2, 2013 at 4:22 pm #

    Mrs. Taitz is ranting – again – about people who send her posts she does not like.

    I wrote her:

    “You bitch are much too crazy to wish you dead. You will die soon because your brain is becoming the size of a pea” (I know, not very stylish, but sometimes ….)

    She published the post but redacted the part about her brain. Can’t stand the truth ….

    I guess she will send the NSA. I live in Europe.

  40. avatar
    Kiwiwriter November 2, 2013 at 9:09 pm #

    I couldn’t wade through that drivel…it made absolutely no sense to me whatsoever.

    All these paranoiacs write their rubbish the same way…I think it’s a particular lobe in the brain that gets affected by whatever ailment they suffer from, which causes them to do that.

  41. avatar
    Rickey November 2, 2013 at 10:24 pm #

    Thinker:
    I don’t have a better explanation for why she continues to make the same basic mistakes over and over and over again, however…the notion that she deliberately screws things up just doesn’t work for me. She really, really wants serious people to take her seriously. As much as she bitches about media corruption and treasonous members of Congress and Alinsky-ite Obots, I think she secretly would love to be accepted by these groups. I think she is honestly baffled by why people don’t see her as the smart, dedicated, talented, beautiful, strong, principled, patriotic American that she knows herself to be.

    My theory is that she doesn’t bother to learn the rules is because she doesn’t believe that the rules should apply to her. After all, she is exposing the greatest Konstitutional Krisis of all time, so who needs rules?

  42. avatar
    US Citizen November 3, 2013 at 2:04 am #

    Halloween night.

    Ding dong.

    Homeowner: “Well hello little girl, who are you supposed to be?”

    Girl: “Never mind who I am supposed to be, we have a constitutional crisis on our hands with a so-called president who doesn’t know who HE is supposed to be and…”

    Homeowner: “Whoa. Slow down. I don’t understand what you’re saying.
    I just wanted to know who you’re dressing up as.
    What’s with those long eye lashes and blond wig?”

    Girl: “There’s a usurper in the white house and…”

    (homeowner yells for his wife)
    “Honey, get me some candy so I can get rid of this crazy girl!”

    Girl: “Trick or Taitz! Trick or Taitz! Trick or Taitz!”

    Door slams.

    Girl yells through door “Let me finish!!”

  43. avatar
    Lupin November 3, 2013 at 2:18 am #

    Notorial Dissent: Distressingly, I think you have hit the nail on the head. Though I really really would like to believe otherwise, I am slowly coming to the inescapable and disturbing determination that she really does believe in the nonsense she is spouting, and really believes in what she is doing, and really does think she is the world’s greatest lawyer, and that she wants to be, and thinks she should be taken seriously. The fact that she is a clown, and not in the good sense, and hopelessly, terminally, and unbelievably incompetent and inept, as well as being a really truly nasty, bitter, venomous individual does not seem to register on her scope.

    I think she is suffering from the onset of some kind of dementia, and I’d bet a large sum that 10 years from now, she’ll have full alzheimer or something like that. In some ways, she is to be pitied.

  44. avatar
    Rickey November 4, 2013 at 6:19 pm #

    OC Weekly has a story about Orly’s latest fail.

    http://blogs.ocweekly.com/navelgazing/2013/11/orly_taitz_obama_appeal_reject.php