Thursday, June 18, 2009

Pechanga Tribe Motion to Dismiss DENIED. Case Moves Forward.

Here's the latest from the Joe Liska vs. Donna Barron of Pechanga Band of Luiseno Indians:

The hearing on June 22 is postponed..

The Judge in this case denied Pechanga's motion to have the lawsuit dismissed. The defendant Donna Barron's claim, that the paperwork was served late
was disputed by the proccess server, who while attempting to serve papers was escorted out of the Reservation by the Tribes lawyers.

OP: Pechanga Tribe trying to keep justice from moving forward, imagine that? Remember, they tried to keep the people of California from voting on increases in slot machines?

The Judge will make a ruling in 2 weeks, and if the case
goes forward then the next hearing will be on July 27.

18 comments:

'aamokat said...

So that is how they try to keep from having to argue the merits of their claims, they keep the process server from serving them papers?

Come on Pechanga officials, if you are really right, defend yourselves with facts not stall tactics!

Pretty arrogant of them to not even initially respond to Mr. Liska's lawsuit in the first place.

Pride comes before a fall?

O.P. was it really the tribal attorneys who eccorted the process server off of the Rez or was it the Tribal Rangers?

It would seem that if a process server showed up at the guard shack and said he was there to serve legal papers to a tribal official that the ranger would not even let the process server onto the Rez.

When part of the Hunter family filed a lawsuit against Pechanga an elder from the Manuela Miranda family served Mark Macarro while Mark M was playing golf.

I would have loved to be there to see that one.

Anonymous said...

I heard there will be a ruling on paper not that the dismissed anything for some reason the judge did not want a hearing?

Maybe things are getting out of hand or maybe she does not want lying pechanga officals in her court !

from what I read mr liska brought to light adopted members have held out real blood and taken there money ,could get nasty in court maybe they did not want that!

Anonymous said...

By the way as of sept 8,2008 tribal council and enrollment peoples can be sued in their official capacity,,,,,,,,,so this is interesting because thats exactly what mr liska did in this case so we will see what happens!

Anonymous said...

I heard he is already workng on his next writ of habeas corpus law suit he believes the tribe will not allow he to speak at tribal meeting a violation of his freedom of speech and the 1968 indian civil rights act!

Since he can sue the current council I heard he is going to be asking for 150 million in damages!

Even if he filed something wrong and they dismiss his case he knows his case will fly because he was already given a win!


wow!!!!!!!!!!!!!

Anonymous said...

Keep up the fight Joe!! We're praying for your justice to finally prevail! :P What do WE WANT JUSTICE!!!!!

Anonymous said...

This is Joe ,,,,,,,,,kinda sad that a man has to go to these extremes to get justice!

America is a land of laws,,we are a ruthless (but strong country)!

Some speak of the trump card ,,,do you know what its like to have your heart torn out of your chest?

To have your family tell you to move on,(you can,t win)!

Power to the people,,,,,,,,,,

Good luck,,,,,,,,,,,joe liska!

'aamokat said...

Joe, yes we know what it is like to have our hearts torn out of our chests!

And yes some in our disenrolled famlies have in effect said move on by giving up.

But some of us, inpired by people like you and the fact that our cause is right and just, will not move on and give up.

Those in the tribes who yell sovereignty as if it is the most sacred thing there is in universe forget that if it violates the rights of the individual it means nothing and it is not right.

That they, even if somehow they think they are, are not fighting for the cause of justice.

Yes the sovereignty "trump card" is a powerful tool in the hands of those who oppress us but it doesn't have to mean they will win.

Really, all the tribes who kick people out without due process and keep people out have to do is do the right thing and their sovereignty will be fully intact and any erosion of sovereignty by failing to do so is their fault and not our fault.

We thank you for your courage and determination.

Anonymous said...

Whatever happened to the lawsuits that the Hunter family members had against tribal council & ec members. I dont believe they were dead? The time may be right to move forward with these very very strong cases against the corrupt current leadership at Pechanga? More cracks in the dam!

Anonymous said...

Yes well put we will see how the judge rules I took a shot paid 350 dollars and filed my own law suit!

kinda funny the looks I got when I went into the clerks office (court)and said I was defending myself (looks of respect).

Not many people walk in there with there own money and a (do it yourself law suit)and try to defend themselves.

I am sure the tribe and the clerks in the office fell off their chairs when I got a ruling in my favor.

I have to thank my female judge for her first ruling and hope she rules in my favor ths second time. It takes alot of courage even as a judge to do whats right.

We will see the door is open now!

Joe Liska

Anonymous said...

Up coming hearing july 27 1030 am(mr liska,s hearng to enter win and discusss damages)

A source has said the (pechanga tribe)is trying to get their motion that was set aside and their(hearing that was dismissed by the judge)to be heard on mr liska,s victory hearing date!

Now keep in mind the judge has not ruled yet in the tribes previous attempt to get mr liska,s win dismissed,,,,mmmmmm,,,perhaps the tribe is thinking that they have lost already!

So they are atempting to try anything to save their butts!

Go Pechanga tribe stop this man from praying at his fathers gravesite.(put down the crack pipe)

Anonymous said...

Up coming hearing july 27 1030 am(mr liska,s hearng to enter win and discusss damages)

A source has said the (pechanga tribe)is trying to get their motion that was set aside and their(hearing that was dismissed by the judge)to be heard on mr liska,s victory hearing date!

Now keep in mind the judge has not ruled yet in the tribes previous attempt to get mr liska,s win dismissed,,,,mmmmmm,,,perhaps the tribe is thinking that they have lost already!

So they are atempting to try anything to save their butts!

Go Pechanga tribe stop this man from praying at his fathers gravesite.(put down the crack pipe)

Anonymous said...

The Lion is not the king of the jungle (The Bear is)the bear can trash the lion!

Joe Iron bear magee!!!!!!!!

Go joe they can pound sand!

Anonymous said...

Court hearing july 27 1030am (the tribe wins round two)they state donna baron was not served correctly ,,,,,,,,the tribe will ask the judge to dismiss the case on the 27th,,,,,,,,

the court could motion for the case to continue!despite the the way baron was served stay tuned for more!


maybe someone should tell mr liska
or post addresses of all people on this site!

Anonymous said...

UPDATE Joe Liska and the tribe won round two!

donna baron,s default win was dismissed but the Judge ruled that Joe Liska law suit will continue!

The tribe will ask the judge to dismiss it on the 27th of july but she already ruled it will continue!

By the way the tribal officials are being sued by Joe Liska thats why his case moves foward!


And yes there will be a hearing and a trial!

Anonymous said...

CRACK PIPE HEARING THE 27TH 1000 AM SAN DIEGO FEDERAL COURT DEPT ONE!

THESE GUYS MUST BE SMOKING CRACK STOP HIM FROM PRAYING AT HIS FATHERS GRAVESITE !

GO CRACK HEADS!!!!!!!!!!

Anonymous said...

Message for Joe,

Go to your hearing alone those people used you.They will not be there because they are not pechanga indian.Where are those people they also filed a law suit and did not bother to ask you to be part of it!The first family disenrolled is using others for their own benifit.Go foward fight your own battle (the rightous bold as a lion)!

Anonymous said...

THANKS FOR THE MESSAGE.DON.T CARE WHO COMES,,,,,,,,,THESE GUYS ARE GOOD (HOLLAND AND KNIGHT)NOT THE ADOPTED MEMBERS,

I AM AN ACTOR THE COURTROOM IS MY STAGE COME WATCH AND LEARN!

THE SAME WAY I LEARNED!

PS NO TELLING WHAT MIGHT COME OUT OF MY MOUTH IN COURT (THE JOKERS WILD)! (POCKET ROCKETS)

Unknown said...

Any word on on what went down yesterday?