Podcast #418 – Interview with Rikkii Sensible, TikTok’er Overlaying “Love is Blind” – Actuality Steve

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(SPOILERS) I start by going over what was on the Day by day Roundup right now within the interview with Rachel Juarez. Then Rikki joins me (7:08) to speak about all of the “Love is Blind” drama post-show between Ashley & Tyler, Tyler’s first podcast look post-reunion yesterday, the questions we each have, what Tyler is lacking, Ashley’s stance on every thing, and far, rather more.

Instagram – @rikkiiwise

(SPOILER) Your Day by day Roundup is an in depth 60 minute dialog with “Scorching Bench” decide Rachel Juarez breaking down the appellate court docket transient filed by Laura Owens lawyer final week, the ramifications, the implications, the great and dangerous of it, and the place she sees the case heading.

You may hearken to that podcast on quite a few platforms, however you can too tune in right here:

Subscribe: Apple Podcasts,RSS, Stitcher, Spotify
Music written by Jimmer Podrasky
(B’Jingo Songs/Machia Music/Bug Music BMI)
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DAILY ROUNDUP 11/21 INTERVIEW WITH RACHEL JUAREZ TRANSCRIPT

You’re listening to the Day by day Roundup right here as a part of the Actuality Steve podcast. I’m your host, Actuality Steve. Thanks all for tuning in. Immediately we’re breaking from protocol, what we usually do on this podcast. And we’re going to discuss to Rachel Juarez but once more. And it’s as a result of she has nice info regarding the David Gingras podcast.

Appellate transient that he filed with the courts and it’s 75 pages lengthy. She learn it. She’s additionally gotten herself very immersed on this specific case. After we first began off with Rachel speaking to her a few month in the past, the one factor I had despatched her was. Right here’s the 2 hour trial. Right here’s Choose Mata’s determination.

Right here’s David Gingras first weblog publish as soon as he realized he misplaced the case. Ever since then, she has mainly received caught up on all of the briefings. And he or she is, for positive, very a lot into this case now. So it’s not simply an outsider trying in. She’s learn a variety of the stuff. She understands it clearly loads higher than the lay individual does.

So, we spend an hour right now speaking about Gingras’s appellate transient. And also you’ll be shocked. It’s not all her coming down on him and saying, That is terrible. There’s no method he’s gonna win. She’ll by no means say both method. He’s one hundred pc going to lose one hundred pc he’s going to win as a result of she simply doesn’t say that.

She says no lawyer ought to say that. You heard that the final time she was on. However she does say that there are some issues on this appellate transient which is smart to her from a authorized perspective. After which she provides her total ideas on every thing. We go over among the issues within the case. We discuss Laura.

We discuss Laura’s podcast. Lots of stuff is roofed. That is an hour, slightly over an hour dialog. So, we’re simply gonna leap proper into this factor. So, right here we go along with right now’s Day by day Roundup with Rachel Juarez. Alright, let’s carry her in. her as one of many three judges on the syndicated court docket present, Scorching Bench.

You may see her. On daily basis in some unspecified time in the future through the day on one in every of your channels it’s on on a regular basis And he or she is now a multi time visitor she is immersed within the Clayton Eckerd Laura Owens case it’s Rachel Juarez Rachel Thanks for approaching once more. Yeah immersed is true Steve Effectively, I like the truth that if you first got here on it was concerning the Devon stuff After which on the finish of that Devon podcast we briefly mentioned the Clayton case and like I stated on the time you didn’t even know a trial had taken place and You I caught you updated on hate, watch the 2 hour trial.

Right here’s Jinger’s weblog afterwards. And right here’s another issues to have a look at, however ever since, after which we did a podcast after that to offer me extra of your full ideas on every thing. However ever since then, you’ve mainly caught your self up on all of the motions. Like, , this case. Clearly, you haven’t been protecting it for 15 months, however you’ve learn all of the motions and also you’re very properly conscious of different issues which have occurred on this case now, proper?

Proper. So during the last week or so, it looks as if I sort of jumped in on the proper time when issues appear to be occurring. I’ve been in a position to return due to how extensively this has been lined and pull not all actually, however a variety of the briefing within the case. And specifically, once I was in a position to get the appellate transient yesterday from you, I I used to be in a position to return and have a look at the briefing that happened on these identical points.

Earlier than the trial court docket, as a result of as I believe I could have defined final time, as Gingras has gone over, you’ll be able to’t increase points on attraction that haven’t already been raised within the decrease court docket. So sort of by definition, almost all points which can be argued on attraction, Have already been argued on each side within the trial court docket.

So earlier than approaching and sort of weighing in on the arguments that Laura and Gingras are making on attraction, I needed to have the ability to sort of see for myself what Clayton’s attorneys had been prone to argue in response as a result of I’m not independently, , educated about Arizona legislation outdoors of sort of studying these instances and studying the briefs on this case.

Gotcha. So. You learn the transient and earlier than we get into the main points of it, he did do a video, a forty five minute video the place he learn the primary 15 pages. And I do know you had ideas on that and now you’ve learn the the complete 75 web page transient. Earlier than we get into particulars of it, what was your total tackle his first 15 pages?

After which, like I stated, total of the entire transient, Form of your ideas and his, I don’t know, technique about it, the way in which he’s offered issues each on his YouTube channel and in writing. What are your ideas on that?

Effectively, I’ll inform you, I, I used to be slightly shocked frankly with the standard. It was higher than I assumed it will be when it comes to the authorized arguments.

Once I sort of see his YouTube movies, I, it makes me sort of query his judgment slightly bit. I assumed the transient was higher than I anticipated on the authorized arguments. It was actually sort of spicier than most appellate briefs are that are normally dry. And I believe that’s constant together with his character, slightly perhaps excessive at factors.

However I, I assumed that for probably the most half, the argument was measured and pretty respectable. Which contrasted from among the stuff I learn earlier than the trial court docket. So I sort of anticipated it to be one other diatribe and it wasn’t, it was extra measured and extra cheap than I anticipated.

Okay. So I suppose it appears like there are two main issues.

As somebody who doesn’t know legislation in any respect, however has learn sufficient of those briefings and simply sort of gotten drained head studying them is likely one of the largest issues that he’s specializing in on this attraction is rule 26. And to somebody like me, I don’t actually perceive it. I Googled rule 26. And as I advised you final night time, it was like, Studying Chinese language.

I do not know what it’s speaking about. I don’t perceive it. So I suppose one of the simplest ways is to only let you’ve the ground and clarify what rule 26 is and why Gingras is hung up on it and seemingly making his entire argument within the attraction about. Rule 26 being I suppose violated right here,

proper? Okay. So rule 26 in Arizona is a household legislation offshoot of a federal rule of civil process, which additionally exists in Arizona civil legislation, which is federal rule of civil process 11.

And mainly what it does amongst, , many different issues, however related to this case is it provides A celebration, a possibility to problem pleadings which can be filed with none foundation for the submitting. Alright, all of the requirements for what violates Rule 11 are slightly totally different between the foundations, however mainly a frivolous submitting.

So in case you file a case frivolously, with none potential advantage, that’s a violation of Rule 11. It’s a violation of the duty that you’ve got a great religion perception that every thing you’re placing in pleadings, which features a grievance, is true. In order a part of that rule, and this is similar for rule 26 and household legislation in Arizona, in case you imagine {that a} celebration has not complied with rule 11 or rule 26 and filed a pleading or a grievance with none good religion foundation, you then For doing so, you’ll be able to mainly observe the next process.

You may ship them a proper written discover saying, I imagine you’ve violated rule 11 by submitting your grievance. And I intend To file a movement for sanctions towards you. And each totally different rule has totally different particular necessities for what that written discover has to say. Generally you even have to offer them a replica of the movement you propose to file.

Generally it’s a must to serve one thing on them, which is the discover. Generally you simply have to inform them in writing informally, however a technique or one other, it’s a must to inform the opposite celebration. I intend to hunt these sanctions towards me. After which there may be what’s known as a protected harbor interval the place the opposite celebration is meant to have a sure variety of time for rule 26.

I imagine it’s 10 days to say, oops. You bought me. I’ll withdraw the offending pleading. So on this case, it will be I’ll withdraw the grievance and the request for aid that I’ve made. And in the event that they try this inside the 10 day interval, they’re speculated to be free out of your threatened Rule 11 sanctions movement.

Or rule 26 on this case. So the speculation is, you’re sort of giving them a warning and an opportunity to appropriate their conduct. And the reasoning underlying that, the rationale there’s a protected harbor interval, is mainly to eradicate the disincentive for a celebration who does assume, what, I blew it, to only double down and struggle, proper, and trigger a bunch of litigation over simply whether or not the pleading was frivolous.

So, it provides them a possibility to say, okay, I’m withdrawing it. And so, what occurred on this case was Clayton did file a Rule 26 movement for sanctions, saying that the grievance on this case was filed and not using a good religion foundation and that Laura didn’t have a great religion foundation to imagine the issues she alleged within the grievance.

And

in the end, that movement was withdrawn. So what, mainly what Gingras is arguing is that if, and the if is absolutely necessary right here, sanctions had been solely awarded below Rule 26. That was improper. So if this 150, 000 in sanctions was a Rule 26 sanction, it mustn’t have been made as a result of the protected harbor side of Rule 26 was not adopted as a result of he claims that Laura was not given formal discover and given a possibility to withdraw her pleading.

So his argument is that Any sanctions below Rule 26 could be in violation of Rule 26 and subsequently, as a matter of legislation, they should be overturned. In order that’s the sort of Rule 26 argument. However then the following step is that he additionally makes the argument that another sanctions which may have been awarded for another motive, would Can also’t be awarded due to the Rule 26 Protected Harbor Provision.

In different phrases, if When you resolve to withdraw your pleading, which Laura tried to do, throughout that protected harbor interval, you’ll be able to’t be sanctioned for any motive, discovery violations unreasonably growing the price of litigation, another motive, as a result of Rule 26 has a protected harbor provision. I do know it will get slightly difficult, however that’s mainly it.

The difficulty right here, and once I learn the transient, I believe the arguments he makes about rule 26 and whether or not acceptable discover was offered, whether or not Laura tried to remedy the violation. Might have been perhaps proper. I believe I’ll simply depart it at that. There they might be proper. There are some very nuanced features of the character of the discover that must be offered that very , from state to state and that are actually extremely depending on experience in that jurisdiction, however being beneficiant to him, I might say he could also be proper.

The issue for him is that. Choose Mata had a number of bases. For awarding sanctions, and I don’t see an issue with any 1 of the opposite bases. So, , she stated mainly that Laura had engaged in a bunch of sanctionable conduct below many various theories and statutes, one in every of which was Rule 26. So even being beneficiant to Gingras and saying he’s proper about Rule 26, which I’m not satisfied he’s.

However even giving him the advantage of the doubt, there are a number of different statutory bases for sanctions right here. Most particularly, the one that claims that lawyer’s charges could also be awarded for unreasonable litigation conduct. And I don’t see any good argument in his transient. There’s a argument. I don’t assume it’s a great one that These different sanctions couldn’t be awarded simply because there might need been an issue with rule 26 sanctions

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See Mint Cellular for particulars. Okay, if you talked about earlier, Laura dismissing. And I believe you and I spoke about this over textual content when she came upon. So the pretrial listening to, the one which ended up on zoom, the place we noticed her with a child bump was finish of October of final yr. After which there was a trial listening to the following week, which we didn’t get on video.

I believe, however it wasn’t till I believe mid November the place she was quote unquote advised that she not had the youngsters. And we don’t even know when that occurred. Yeah, , that might be debate may go on for days, however proper, she was advised mid November. Oh, by the way in which, you’re not pregnant. After which at that time, she mainly stated, properly, there’s nothing to debate right here anymore.

There’s no case. I’m, , I would like out. Why don’t we simply drop this factor? And Gingras his argument has been like, Hey, we needed to get out of this factor. There was no infants anymore. So why are we even coping with a paternity swimsuit? There’s no infants. We would like it out. Clayton was the one which saved persevering with this.

That’s why there was so many {dollars} that had been racked up in authorized charges as a result of he was the one which needed to proceed it. We didn’t. And I stated, properly, look, after all he did as a result of she had slandered him for six months. After which abruptly desires out as a result of she misplaced the infants. One thing that we knew was going to be the tip results of this.

All of us knew that she was by no means going to ship two infants, 9 months after Might twentieth, nevertheless it was only a matter of when that was going to occur and the way she was going to explain it regardless. So she strikes to dismiss this entire factor mid November after she finds out she’s not pregnant. And that’s primarily, I imply, Gingras wasn’t even on the case at this level.

He didn’t take over till February or March. So when Woodnick responds and says, no, we’re not dropping this, is that this the purpose of rivalry right here the place Gingras stated, Hey, after November fifteenth, nothing ought to have occurred with this case. All of us ought to have gone dwelling.

So it, it’s a level of rivalry in Gingras makes it one legally.

It isn’t as a result of that’s not the way it works. And it’s not as a result of, , it’s so offensive that she’s defamed him. It’s as a result of he had filed. a response to her grievance, the place he requested, he being Clayton, for affirmative aid. So in case you, , sort of take this outdoors of the household legislation context, if I sue you, Steve, for breach of contract, and also you reply, properly, I didn’t breach the contract, really, Rachel, You breached the contract and now I’m suing you additionally.

And , you see these on court docket exhibits, together with scorching bench on a regular basis. It’s a counterclaim. That counterclaim is now like its personal case. And. After I’ve responded to your grievance or after Clayton had responded to Laura’s grievance, if the individual responding information a counterclaim or asks for affirmative aid as Clayton did, it is smart and it’s the case that the plaintiff can not say, oops, I would like this all to be over.

Now it’s throughout as a result of now the opposite individual has a case towards you and you’ll’t make that go away. By simply calling uncle, proper? You may’t simply say, Oh God, I received caught. Okay. Now every thing will get to go away. And I went again and pulled Clayton’s authentic response and I received to offer the man credit score. I used to be tremendous impressed, , trigger it’s a 4 and also you fill out for the court docket.

He, on the very finish, Checked slightly field saying, I would like different aid, together with sanctions and now Clayton has an affirmative declare for aid. So at that time, which was months earlier than Laura sought dismissal, she now can not simply dismiss the entire case. and make all of it go away. She will nonetheless say, I don’t need my very own launch that I requested for, however she not has any absolute proper to only make this case go away for apparent causes.

As a result of then individuals who sued others after which had a counter declare filed towards them may mainly simply make the counter declare go away by simply saying, okay, I would like all of it to be accomplished. So that’s simply flawed as a matter of legislation.

Yeah. Okay.

The opposite necessary factor to notice is, , Gingras has stated many instances, and we’ve seen a variety of kind of insistence, that Laura, as quickly as she knew she wasn’t pregnant, she didn’t wish to do anything anymore.

Yeah.

However that’s not likely how this occurred. She didn’t instantly go to the court docket and say, Please dismiss my case.

We’re speaking about November when she came upon, technically, Appropriate. That nobody was pregnant.

Okay. Appropriate. Appropriate. She requested. For mediation. After she ought to have recognized. That she was not pregnant due to the HCG take a look at that she, by the way in which, altered, however totally different story, proper?

She requested for mediation and this was the second or third submitting on this case That was actually very unreasonable and improper The place she was mainly begging the court docket to make Clayton discuss to her, proper? She filed a movement for communication , previous to that, which once I first heard that, I assumed perhaps that’s a procedural factor in Arizona that I’ve simply by no means heard of.

It’s not. It’s, it’s simply ridiculous. , she mainly filed a movement begging Clayton to fulfill along with her and she or he now says, oh, properly, that was going to be my approach to inform him I’m not pregnant anymore. However you don’t get to try this. You don’t get to make use of the court docket assets for that goal. After which, when Clayton didn’t conform to mediation or, , issues simply sort of saved going, she didn’t instantly file for dismissal both.

She waited over a month. And it wasn’t till she noticed, oh, Clayton isn’t going to only go away now that the gig is up, that she out of the blue determined, ooh, okay, perhaps, perhaps I picked the flawed individual this time.

Okay, right here’s my query about this movement for communication now. Principally begging him to speak to her, however he’s a man that she had an order of safety towards.

So which is it? Would you like him to by no means are available in contact with you? This can be a lady who claims she was fearing for her life as a result of Greg Gillespie and Mike Maracini had been sitting in on the trial with safety guards there. And but she’s claiming I’m fearing for my life. Now she has an order of safety towards Clayton.

And but she’s saying, Hey, we have to meet. I wish to discuss to you. Like, this doesn’t make any sense to me.

In fact it doesn’t. Now, I don’t know, I can’t keep in mind which one got here first. I’m fairly positive that when she filed the movement to communication, the movement for communication, no matter, there wasn’t any order of safety in place that might have prevented that.

However, however regardless, these had been all occurring across the identical time.

Yeah.