Update: I’ve now filed my notice of appeal.
Update 2: Appeal info here.
Completely unsurprising: Kamala Harris’ anti-SLAPP motion was granted. Court’s 13 page ruling here: ruling-ongkeko (pdf).
The Filipino* asserts that AG Harris’ “alleged false claims” regarding the Sodomite Suppression Mandate “are protected acts for SLAPP purposes.” Filipino then evaluates whether I can prevail on my complaint, and says I can’t possibly prevail because the 3rd District judge’s comment that accompanied the summary denial to hear my writ petition became “res judicata” – meaning it has been decided on the merits that I am “bound by” the declaratory default judgment that only pertained to my first initiative. The Filipino seemed to think that my own anticipation and protest, in my petition for review, that that goofy judge’s comment would later be misconstrued as res judicata against me, amounted to some sort of concession by me that his statement was indeed valid res judicata. The Filipino also suggested that I should have told the AG that I was withdrawning my first ballot initiative before the default judgment against it was issued, but since I didn’t do that, I now “must live with the consequences of his [my] decision.”
The Filipino’s ruling is all wrong. Kamala Harris’ alleged free speech right to make “false statements” isn’t even an issue – rather her action of intentionally refusing to perform a mandatory duty of her office. Her “false statements” didn’t hurt me – her refusal to give me a title and summary hurt me and took away my petitioning rights – that’s why I’m suing her. There is nothing in her refusing to do her job that entailed her exercising free speech. If my petitioning rights only contingently exist subject to Harris’ free choice, then she could decide not to do her duty, silence me, and I’d never have any recourse to do anything about it! Worse still, I’m stopped by a punitive anti-SLAPP motion.
The Filipino also failed to comprehend that res judicata only applies to decisions of actually litigated matters heard by a court, it does not apply to summary denials of writ petitions when the court refuses to even consider the matter. This is explained in the Supreme Court’s 1992 Kowis v Howard case that the Filipino completely ignored – even though I mentioned it twice. Filipino also highlighted the (irritating) fact that the Supreme Court’s clerk erroneously entitled my writ petition when it was filed as if it belonged to the Sacramento Superior Court action to infer therefrom some sort of high court sanction for him assuming that the second initiative was definitely included in the default judgment made against the first one. Also, the Filipino’s unsolicited advice about how I could have made the default judgment moot is irrelevant and insulting. My Constitutional right to petition in the first instance I by silence allowed her to seek to transgress, but I never would have willingly withdrawn it. The default judgment Harris obtained was itself illegal – the mere absence of a defendant isn’t grounds for a court to grant an improper declaratory relief request that is not according to the law. Nevertheless, the wording of the default judgment is conclusive enough – it says it only applies to the Sodomite Suppression Act – not to any later initiatives of mine.
The Filipino includes a sneaky paragraph near the end entitled “Other grounds preventing McLaughlin from prevailing” where the Filipino suggests that he has a lot more ammunition in waiting to use for granting the anti-SLAPP motion, but he claims he didn’t consider these yet because the res judicata issue settled it. This is the Filipino’s crafty way of inviting the appeals court – if they reverse him on the res judicata issue – to send back to him the matter for further deliberations on those points, and then obviously the sneaky Filipino would make the same ruling again using one of those remaining grounds.
Another ridiculous ruling to add to all the others.
*Ongkeko should be called the “Filipino” because that’s exactly how he wants to be known. He is another one of California’s sea of subpar affirmative-action type judges who are into the unseemly promotion of their exclusive racial-identity clique. If White Anglo-Germanic Protestant judges attempted to do the same thing there’d be an endless hue and cry in the news media.
I’ll file an appeal soon.
“Righteousness exalteth a nation: but sin is a reproach to any people.” Proverbs 14:34
“He that committeth sin is of the devil; for the devil sinneth from the beginning. For this purpose the Son of God was manifested, that he might destroy the works of the devil.” 1 John 3:8