Causes of Action

CAUSES OF ACTION – IN PART

I. ELEMENTS FOR DEFAMATION

1. A communication that imputes a serious crime involving moral turpitude or a felony

2. A communicate that exposes a plaintiff to hatred

3. A communication that reflects negatively on the plaintiff’s character, morality or integrity

4. A communication that impairs the plaintiff’s financial well being

II. ELEMENTS FOR MALICIOUS PROSECUTION

1. Commencement or continuance of an original civil judicial proceeding

2. Its legal causation by the present defendant in the original proceeding

3. Its bona fide termination in favor of the present plaintiff.

4. The absence of probable cause for such proceeding

5. The presence of malice therein

6. Damage conforming to legal standards resulting to plaintiff see….

III. ELEMENTS FOR INTENTIONAL OF EMOTIONAL DISTRESS

1. The conduct of defendant was extreme and outrageous

2. The emotional distress suffered by the plaintiff was severe

3. The defendant desired to inflict severe emotional distress or knew that severe emotional distress would be certain or substantially certain to result from his conduct

IV. ELEMENTS FOR LIBEL

1. Defendants made a false and defamatory statement concerning plaintiff

2. Defendant made unprivileged publication to a third party

3. Publisher acted at least negligently in publishing the communication

4. Damages

V.  ELEMENTS FOR CIVIL FINANCIAL CRIMES

1. All damages caused by judgment obtained by fraud upon the court.

VI. ELEMENTS FOR FRAUD

1. A representation

2. Falsity of representation

3. Materiality of the representation

4. Speaker’s knowledge of the falsity of representation

5. The speaker’s intent it should be relied upon

6. The hearer’s ignorance of the falsity of the representation

7. The hearer’s reliance on the representation

8. The hearer’s right to rely on the representation

9. The hearer’s consequent and proximate injury caused by reliance of the representation

VII.  ELEMENTS OF DEFAMATION – LIBEL- SLANDER – FRAUD (excerpt from Bell’s brief)

“Complaints provided the Court with the elements to substantiate Bell’s cause of actions:

1. Bell believes she is providing sufficient evidence to confirm defamatory communications in multiple briefs, in multiple jurisdictions, as recorded in pacer records available in the public domain, and on the Durio, McGoffin, Stagg, Ackermann web site, available to the internet community.

2. Bell provides herein the factual material evidence that confirms the communications are false.

3. These communications are concerning the plaintiff, and causing irreparable damages.

4. Written documents were filed in multiple judicial jurisdictions, and any individual accessing the web site of Durio,McGoffin, Stagg, Ackermann are third parties to recognize it as being published

5. Bell alleges the communication sounds in libel or slander and is provable.

6. As stated herein defendant knowingly falsified written documents and evidence, committing a fraud upon court and causing Bell damages.”

VI. ELEMENTS OF MALICIOUS PROSECUTION (excerpt of Bell’s brief)

1. This is a continuous action that was premature until now, as the original case in Re: Ruby Bell, et al No. 2001-6482, The Bell Family Trust Case No. 02-05045 and 02-50477, District Court of Appeal No. 05-CV-2008, Fifth Circuit Court of Appeal No. 06-30768  has now concluded.

2. The damages cited herein were caused in the original cases as referenced above by defendants listed herein.

3. Bona fide termination in favor of present plaintiff

4. The absence of probable cause for such proceeding

5. The presence of malice therein; and

6. Damage conforming to legal standards resulted to plaintiff.