Legal Question in Civil Litigation in California

Mr. Fox below is the history of what has happen.

----- Forwarded Message -----

From: K Dewalt

To: robert besser

Sent: Sunday, August 14, 2011 3:30 PM

Subject: Re: Substitution of counsel

The below shows the court records, that my complaint was dismissed without prejudice,

also when I signed your Substitution of attorney (adding you to the case I was a plaintiff).

01/27/2010 Order of Dismissal (WITHOUT PREJUDICE OF THE COMPLAINT FILED BY PLAINTIFF IN PROPRIA PERSONA, KENNETH DEWALT, ON NOVEMBER 23, 2009 )

Filed by Court

Fraud no Contract

From: robert besser

To: 'K Dewalt'

Sent: Sunday, August 14, 2011 12:24 PM

Subject: RE: Subsatution of counsel

Unfortunately, you are wrong. You are not a Plaintiff. Your separate complaint was dismissed long before I was involved. And I will not sign the form until you sign and return it so that I can be sure it is filed.

From: K Dewalt [mailto:[email protected]]

Sent: Saturday, August 13, 2011 11:50 AM

To: Robin Sanders; robert besser

Subject: Subsatution of counsel

Mr. Besser

I received your form for Subsatution of Counsel, I noticed that thier were a few problems on the form.

You did not sign the form, and also you had checked the box labeling Kenneth Dewalt as only as a cross defendant.

I will remind you I'm also a plaintiff. Please make the above correction and resend and I will sign.

Mr. Dewalt

From: K Dewalt

To: Robin Sanders, robert besser

Sent: Thursday, July 14, 2011 9:27 PM

Subject: NOTICE OF RELEASE OF LEGAL COUNSEL

NOTICE OF RELEASE OF LEGAL COUNSEL

July, 14, 2011

Robin Sanders &

Robert S. Besser

Law Offices of Robert S. Besser

Robert Besser & Robin Sanders Please accept this letter as formal notice that you are hereby released from any obligation and or contract to litigate on my behalf or to represent Kenneth Dewalt as legal counsel, effective immediately.

I have sent you a copy of the Trial brief that I have filed in pro per.

No thank you for the damage you have tired to cause our case. Below is the reasons why you are being released,you refused to advise the Dewalts of what you were doing, When asked why did you remove all of the causes - after being told more than once to leave all causes in the trial brief? your answer was (I did it because I wanted to do it!!!!) you refused to add all of the true facts to the case. You lied to the Dewalts on more than one occasion, you told the Dewalts the Judge was wrong by saying the defendants had committed Fraud, when it was clear that the judge was in our favor, and Fraud being the most damageing to the defendants case,not to mention your behavior in the court room during trial.

Kenneth Dewalt

From: K Dewalt

To: Robin Sanders

Cc: robert besser

Sent: Sunday, October 24, 2010 11:21 AM

Subject: Re: 4 request for corrections to tril brief

Robin & Robert

You have sent a copy of the first Trial Brief, This is what the judge has asked you to correct,

because not all of the facts were filed by eather side.

below again are the correction that need to be made and filed please return a copy for proof before filing.

If you are refusing to make the correction please advise use so we can take the proper steps.

Robert

From Fridays court date:9/15/10 The judge has requested you to write another trial brief

adding all the facts. 3rd request See below

Robert below changes and corrections need to be done to the trial brief before filing and we will need to approve before filing.

Please add all names both to Attorneys Plaintiffs and Plaintiffs

PARTIES

At all relevant times, Plaintiff Derek DeWalt (hereinafter referred to as �Plaintiff Derek�) is a resident of the State of Michigan.

At all relevant times, Plaintiff Lloyd DeWalt (hereinafter referred to as �Lloyd�) is a resident of the State of Michigan.

At all relevant times, Plaintiff Kenneth DeWalt (hereinafter referred to as �Kenneth�) is a resident of the State of California

At all relevant times, Plaintiff Dennis DeWalt (hereinafter referred to as �Dennis�) is a resident of the State of California.

At all relevant times, Plaintiff Charles DeWalt (hereinafter referred to as �Charles�) is a resident of the State of Michigan.

At all relevant times, Plaintiff Beverly DeWalt (hereinafter referred to as �Beverly�) is a resident of the State of California.

At all relevant times, Plaintiff Autry DeWalt ( hereinafter referred to as "Autry") is a resident of the State of California.

Second please show on cover page under

PLAINTIFFS TRIAL BRIEF(Replacing Trial Brief Filed on 9/1/2010)

Third on page two please add all five causes back into the brief stating also the laws that apply to each

1. BREACH OF CONTRACT;

2. FRAUD;

3. MONEY HAD AND RECEIVED;

4. CONVERSION; and

. 5. unfair competition

Fourth below facts of what happen and the reason why we are suing

The case was litigated and on or about November 13, 2006, was tried via a jury trial. They jury found in favor of Defendants and judgment was thereafter entered in favor of Defendants on all counts and it was ordered, adjudged and decreed that Plaintiffs take nothing in their complaint, and that Defendants shall recover costs of suit incurred.

On or about December 18, 2006, Defendants submitted their Memorandum of Costs requesting $65,576.87 in recoverable costs. Under Section 10 entitled �Attorney Fees�, Defendants left it blank. (A true and correct copy of Defendants� Memorandum of Costs is attached hereto as Exhibit �C�).

On or about January 16, 2007, Plaintiffs filed a motion to tax costs which was heard on February 13, 2007. Costs were thereafter awarded in the amount of $22,833.38 Twice a year, Plaintiffs receive �Summary Statements� breaking down royalties due and owing to them for certain periods of time. (See Section 4 of the Agreement attached hereto as Exhibit �A�). In or around March 2007, Plaintiffs each received a �Summary Statement� for the period of 7/06 to 12/06. That statement included an amount due and owing from Plaintiffs for �LEGAL FEES� totaling $386,510.15. The invoice references that it is for �Recoupment of Costs and Expenses Pursuant to Paragraph 10 of the Agreement.� (A true and correct copy of the 7/06 through 12/06 Summary Statement

and Judgment [corrected to include costs] was entered by Judge Elizabeth Grimes on April 3, 2007. (A true and correct copy of the Judgment (corrected to include costs) is attached hereto as Exhibit �D�). Defendants did not file any noticed motions relating to the collection of attorney�s fees pursuant to the 1983 Agreement.

Although Jobete began withholding money from Plaintiffs� royalties beginning in 2006 and continued to add �LEGAL FEES� that total $839,654.53,

The brief should also have a copy of the statements showing proof of the money being taken.

and a break down of all the figures totaling 839,654.53

If you need copies of attachments we can provide.

Kenneth Dewalt

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