Address omitted for internet publishing
Address
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UNITED STATES DISTRICT COURT
CENTRAL
DISTRICT OF CALIFORNIA
|
ALLSTATE
INSURANCE COMPANY, an Illinois corporation, Plaintiff, vs. HARRY MILLER, fka
HARRY BOOTH, an individual; MICHAEL EUGENE LaPORTE, an individual; DUNN-RITE
CONSTRUCTION COMPANY, a California corporation; THOMAS C. CONRAD, an
individual; DON AMES, aka MAURICE ETHAN, an individual and dba WESTERN STATES
GEOTECHNICAL; WESTERN STATES COMPANIES, a California corporation; MORETTI AND
ASSOCIATES, a California corporation; and WILLIAM MORETTI, an individual, Defendants |
) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) |
Case
No.: Case No. SA CV 98-503 DOC (ANx) MOTION FOR TO SET
ASIDE TRIAL VERDICT: 1.
Date: MAY 12, 2000 Time: 10:00 a.m. Place: Ctrm. 9-D |
Defendant (Harry Miller) submits
this Motion for clarification and Rulings on the following:
1. VERDICT BE SET ASIDE BECAUSE PLAINTIFF COMPROMISED THE DEFENDANT’S ATTORNEY BY OFFERING HIM A BRIBE IN THE AMOUNT OF $250,000.00 TO FOLLOW HIS “BEST TRIAL CONSIDERATIONS” WHICH WAS NOT TO CALL MR. PIKE, ALLSTATE’S GENERAL COUNSEL AND VICE PRESIDENT.
2. TRIAL BE DECLARED A MISTRIAL, BECAUSE NO EVIDENCE WAS
PRESENTED BY THE PLAINTIFF TO DEMONSTRATE THEIR ALLEGATIONS THAT DEFENDANT
BOOTH RECEIVED KICKBACKS OR KNEW OF THE SCAMS TOM CONRAD WAS COMMITTING WITH
THE PLAINTIFF’S BLESSINGS.
3. A NEW TRIAL DATE BE SET
4. TO EXCLUDE ALL TESTIMONY THAT WAS TAINTED BY PERJURY BY
PLAINTIFF WITNESS'S THOMAS CONRAD, RICHARD CHAMBRONE, AND JEFFREY STRANIERE.
5. TO EXCLUDE ALL TESTIMONY BY WITNESSES WHO ACKNOWLEDGED
UNDER OATH THEY WERE PAID BY PLAINTIFF ALLSTATE TO TESTIFY, INCLUDING, BUT NOT
LIMITED TO, PLAINTIFF WITNESSES THOMAS CONRAD, AND ANTHONY MANGOLA.
6. TO SET ASIDE THE JURY VERDICT AS THE PLAINTIFF DID NOT
PROVIDE ANY EVIDENCE AT ALL SUBSTANTIATING DEFENDANT BOOTH RECEIVED KICKBACKS OR
KICKBACKS WERE PAID TO MR. BOOTH, WITH THE EXCEPTION OF MR. CONRAD WHO WAS
EXPOSED AS A PERJURER IN THIS TRIAL. THUS
THE JURY COULD NOT RENDER A VERDICT FOR THE PREPONDERANCE OF EVIDENCE BECAUSE
THERE WAS NO EVIDENCE TO CONSIDER.
7. I HEREBY JOIN IN THE MOTION FOR NEW TRIAL AND ALL
SUPPORTING DOCUMENTS OF GENE LAPORTE AND DON AMES.
8. ORDER ATTORNEY STEPHEN GARCIA TO RETURN BOOTH’S 62
VOLUMES OF DOCUMENTS IN THEIR EXISTING ORGANIZED AND NUMBERED FORM TO BOOTH AT
NO COST TO BOOTH.
This
motion and clarification request is made by the above captioned defendant for
the following reasons: The attached transcript portions pages 1745 to pages
1747 of the trial date Tuesday, April 4, 2000, 1:05 P.M. The attached exhibits. The pleadings on file
in this action and such other oral and documentary evidence as may be presented
at the hearing of the motion.
Respectfully submitted,
By_______________________
Harry
Miller
In PRO
PER
I.
In this motion for rulings defendants respectfully request
that the Court issue rulings on the following issues as captioned numerically
below.
1. VERDICT BE SET ASIDE BECAUSE PLAINTIFF COMPROMISED THE DEFENDANT’S ATTORNEY BY OFFERING HIM A BRIBE IN THE AMOUNT OF $250,000.00 TO FOLLOW HIS “BEST TRIAL CONSIDERATIONS” WHICH WAS NOT TO CALL MR. PIKE, ALLSTATE’S GENERAL COUNSEL AND VICE PRESIDENT.
2. TRIAL BE DECLARED A MISTRIAL, BECAUSE NO EVIDENCE WAS
PRESENTED BY THE PLAINTIFF TO DEMONSTRATE THEIR ALLEGATIONS THAT DEFENDANT
BOOTH RECEIVED KICKBACKS OR KNEW OF THE SCAMS TOM CONRAD WAS COMMITTING WITH
THE PLAINTIFF’S BLESSINGS.
3. A NEW TRIAL DATE BE SET
4. TO EXCLUDE ALL TESTIMONY THAT WAS TAINTED BY PERJURY BY
PLAINTIFF WITNESSES’ THOMAS CONRAD, RICHARD CHAMBRONE, AND JEFFREY STRAINERE.
5. TO EXCLUDE ALL TESTIMONY BY WITNESSES WHO ACKNOWLEDGED
UNDER OATH THEY WERE PAID BY PLAINTIFF ALLSTATE TO TESTIFY, INCLUDING, BUT NOT
LIMITED TO PLAINTIFF WITNESSES THOMAS CONRAD, AND ANTHONY MANGOLA.
6. TO SET ASIDE THE JURY VERDICT BECAUSE THE PLAINTIFF DID
NOT PROVIDE ANY EVIDENCE AT ALL SUBSTANTIATING DEFENDANT BOOTH RECEIVED
KICKBACKS OR KICKBACKS WERE PAID TO MR. BOOTH WITH THE EXCEPTION OF MR. CONRAD
WHO WAS EXPOSED AS A PERJURER IN THIS TRIAL.
THUS THE JURY COULD NOT RENDER A VERDICT FOR THE PREPONDERANCE OF
EVIDENCE BECAUSE THERE WAS NO EVIDENCE TO CONSIDER.
7. I HEREBY
JOIN IN THE MOTION FOR NEW TRIAL AND ALL SUPPORTING DOCUMENTS OF GENE LAPORTE
AND DON AMES.
8.ORDER
ATTORNEY STEPHEN GARCIA TO RETURN BOOTH’S 62 VOLUMES OF DOCUMENTS IN THEIR
EXISTING ORGANIZED AND NUMBERED FORM TO BOOTH AT NO COST TO BOOTH.
Factual
Background to Number 1-6,
Defendant’s Attorney Stephen Garcia announced to the court
during trial on April 4, 2000, 1:05 P.M. that he was offered $250,000.00 to use
his best trial considerations which is not to call Mr. Robert Pike, plaintiff
Allstate’s General counsel, and vice President..
Argument
to Numbers 1-6
There could not be more blatant evidence to verify that
plaintiff Allstate unethically, and intentionally interfered with the rights of
the defendants to have a fair trial during the trial by compromising our
attorney.
That evidence
comes directly out of the transcript of this trial. (Exhibit I, pages 1745 through pages
1747) Lines: 11-15 by Mr. Garcia, defendants lead
attorney “I asked to address the
court. While that decision was made
independently as a trial attorney, I also learned over the lunch hour that it
may have implications regarding me personally and a loss of substantial sum of
money to me and my family.” Lines 21-23
by Mr. Garcia: “I have a case which involves a lot of litigation, personal
costs of a quarter million dollars which may be settled or not settled.” The Court: “A personal case?” Mr. Garcia: “No, I was involved in one and
Bill Shernoff has the case and there's been no implications in any way.” THE
COURT: “Is Allstate involved in
that?” Mr. Garcia: “Yes. And it's nothing negative against Allstate
but I did want these gentlemen to know there was a quarter million dollars on
me personally and disclosed that and they said I could follow my best trial
considerations which is not to call Mr. Pike.”
To clarify to the court the seriousness of this actual offer
of a bribe to influence the defendants’ Attorney and affect the defendants’
defense is critical to the outcome of the trial as was evidenced by the unjust
and unsubstantiated verdict.
The Allstate cast of Attorneys in the Sherman vs. Allstate
Class Action continually surfaced in this Allstate vs. Booth et al case, as
well as the cast of Attorneys representing the People in the Sherman vs.
Allstate Class Action. And when they
surface they so do in a way to maintain control and manipulate the Court in
this matter.
William Shernoff, Esq. is a senior partner in the same law
firm as Michael Bidart, Esq. William Shernoff and Robert Pike are personal and
social friends as well as the principal attorneys in the Sherman vs. Allstate
Class Action. Although it is not
unusual for attorneys to have such associations, this particular association is
germane to this case because it helps explain the conspiracy to preserve the
Sherman vs. Allstate Class Action, and why this case could have a substantial
impact on the Class settlement.
It was William Shernoff, Esq. who made the call to our
Attorney Stephen Garcia during a critical point of our trial suggesting not to
call Allstate’s Robert Pike. Mr.
Shernoff as an officer of the court knew full well he was tampering with our
right to a fair trial, and there could be no other reason for him to do such,
but to influence the fair judgment of our lawyer. He had a major financial interest in making that call because he
knew well that if Harry Booth prevailed in this trial his subsequent testimony
would expose Allstate’s misconduct during settlement of Northridge claims. This would put the carefully orchestrated
Sherman vs. Allstate Class Action in serious jeopardy, and possibly start a
probe in the circumstances surrounding the sweetheart deal his firm made with
Allstate, and the raw deal his clients, the Northridge earthquake victims,
received.
It is known Thomas Conrad who was exposed as a perjurer in
this trial, provided key testimony to the Allstate vs. Sherman Class Action by
testifying that the fraud was committed by outside temporary Allstate vendors
and staff, and that Allstate did not know of it. The Allstate vs. Booth et al. lawsuit obviously was intended to
support that position. The Class
settlement in its present state allows Allstate to control the settlements with
the Allstate Insured victims of the Northridge Earthquake on a take it or leave
it basis. It likewise curtails
Allstate’s exposure to any punitive damages on all claims not opted out.
It should also be brought to the attention of the court that
William Shernoff & Michael Bidart’s law firm is the key law firm
representing the People, which shall profit substantially, and has already so
done in side deals with Allstate.
It was Michael Bidart, Esq. who met with defendant Booth in
1998 promising to defend this lawsuit for Booth, and others free of
charge. It is he who met with defendant
Booth in the summer of 1998, with Attorney Girardi, and others to offer Booth
free representation in this very lawsuit promising all attorney fees and costs
would be free. It is Mr. Bidart who
summoned attorney Stephen Garcia to attend that meeting, and then advising Mr.
Garcia would probably be the attorney who would actually represent the
defendants of this case. Mr. Bidart was representing the class action, and if
he advised if he represented the defendants it would be a conflict of
interest. Only days later, Michael
Bidart in the company of Attorney Tom Girardi arranged for Steven Ball, Esq. to
stand in for Defendant Booth, and the other defendants. After the class action was out of danger
from Booth’s and the others’ critical testimony that was being suppressed from
the class action, Mr. Ball’s pleas for payments were ignored. He was excused by
the court out of concern that he would go bankrupt working pro bono on a case
where Allstate was spending millions.
During the time Mr. Ball represented the defendant he did
not initiate one deposition, file a cross complaint, advising it was not
possible, or conduct proper discovery.
Mr. Ball began in early 1999 advising the defendants he was not being
paid by class counsel, and began procrastinating in the defense because of not
receiving fees and expense costs. It
was Mr. Ball who repeatedly advised he was not being paid by class counsel, and
routinely referring to attorneys Michael Bidart, William Shernoff, and Tom
Girardi. From early 1999 until October,
Mr. Ball kept the defendants in suspense about representation. He would say he
was going to be the attorney for the duration, and then say he was not being
paid by class council and would have to withdraw. Attorney Ball so frequently changed his mind that the defendants
reasonably assumed this was merely his personal demeanor, and came to believe
he was just talking, and would be the counsel until conclusion as agreed
upon. Then to the surprise of the
defendants in October of 1999 Mr. Ball did get leave by the court. The evidence documents which had been given
to him by the defendant took weeks to retrieve from him. That was critical
timing as the discovery came to close before we defendants knew what our
attorney had secured, and had not secured.
Likewise we were left no time to file discovery which was very
germane. Those documents supplied by
defendant Booth had been neatly supplied in an organized manner were finally
returned in a jumbled mess that took months to reorganize. It was also learned
he not had secured the discovery documents from Allstate, and to so do would be
a prohibitive expense the defendants could not endure.
The Sherman vs. Allstate class action in which Allstate has
set aside 60 million dollars to pay the victims they cheated with phony
engineering reports could easily become billions of dollars they would have to
set aside if defendant Booth’s credibility is not compromised through this
lawsuit.
The Sherman vs. Allstate class action is a massive sham on
the citizens of California, and is being manipulated by these attorneys in a
conspiracy to defraud Allstate Northridge earthquake victims from fair and
reasonable assessments of damage and thereby fair and reasonable
reimbursement.
Allstate from the date Jo Ann Lowe came forward exposing the
engineering fraud Allstate had committed had set up talks to minimize their
exposure, and look for a means to divert the blame anywhere but upon
themselves. Jo Ann Lowe came forward as
a whistle blower in the fall of 1997.
Jo Ann Lowe testified that engineering reports were being
altered by Allstate in Allstate’s favor during trial discovery cases to
minimize the damages found by the Allstate engineers. She provided only limited information and that was reports were
being changed on claims in litigation against Allstate. Jo Ann Lowe was supported by declarations
supporting her contentions.
Allstate did not have the public risk at this point of
exposure that this was routine throughout the handling of the earthquake
claims. The engineering reports were not prepared by licensed engineers, but by
phony engineers and other individuals who were unqualified. Furthermore, it was not yet exposed that
Allstate initiated such, and when almost exposed by Tom Conrad in 1994 a
cover-up was established to conceal such by paying off Tom Conrad on the very
claims of issue in the Allstate vs. Booth et al. case.
Thus in the fall of 1997 Allstate was dealing with Jo Ann
Lowe’s allegations. Allstate was moving
slowly to see how much had been exposed before taking any action.
Then, coincidentally, around the same time Tom Conrad
surfaced for another payoff of hush money.
Tom Conrad was known to hold key testimony that would expand Jo Ann
Lowe’s limited contentions to a massive fraud by Allstate upon its own policyholders. However, Allstate knew Tom Conrad could be
bought off to keep quiet.
They paid Tom Conrad $193,000.00 under the guise of a wall
repair to go along with their scheme to continue to conceal his knowledge and
to help divert the blame. This was
nothing less than a payoff.
At this point Allstate had a plan that would divert the
blame. What Allstate might not yet have
known was Tom Conrad had files that would disclose Allstate’s fraud upon its
policyholders from the day following the earthquake. Conrad had seen to it in 1994 that he would get in his possession
many of Shadowbrook Design’s files which wreaked and then exposed the ongoing
fraud upon the people.
However, in 1997 when Conrad was again of importance to
Allstate those files were not in Conrad’s possession. It appears from Conrad’s testimony in this trial that he was
holding those files for further ransom one day. To Allstate’s chagrin, the files ended up in defendant Laporte’s
possession. Laporte shared the information in those files with defendant
Booth. Then Laporte and Booth consulted
with attorney Brifman in early 1998, shared the information, and sought legal
advice as to what to do with this evidence.
Attorney Brifman entered into negotiations quietly with Allstate to see
if Allstate would own up to this fraud with the glaring evidence or would have
to defend against a class action lawsuit to make them own up.
In the meantime Attorney Stephen Garcia was working in the
Bidart & Girardi camp attempting to develop the Jo Ann Lowe evidence of
limited fraud in the litigation aspects only.
Attorney Stephen Garcia was personal friends with a United
States Attorney, and slipped him information relevant Jo Ann Lowe’s
declarations exposing Allstate of fraud.
Thus an investigation of Allstate was launched by the United States
Attorney and the FBI.
On or about February of 1998, defendants Booth and Laporte
got wind of the FBI investigation.
Laporte made contact with the FBI to advise of his evidence of the
Shadowbrook and Western States files he had in his possession. Federal Bureau of Investigations Agents
Steve Mayeda and Heidi Johnson had several lengthy meetings with Booth, and
Laporte. At the second meeting Booth
told the FBI agents that they should be very cautious because he had reason to
believe Allstate would purge or destroy the files. Within several weeks the media reported Allstate’s offices had
been raided, and files were confiscated.
By that time, Allstate was working to get a Class Action
together to limit their exposure. They
were teetering between The Bidart Group, and the Brifman Group. Both groups had presented proposals to
resolve the class issues. The Brifman
Group had established a fair resolution to the people of California with true
independent re-inspections, and room for punitive damages where merited. The Bidart Group was going along with
Allstate’s plan, with little concern of the people of California.
As a result of Brifman’s negotiations in January – February
of 1998 Allstate became aware of Booth’s and Laporte’s involvement in exposing
the Allstate’s engineering fraud.
To this end Allstate moved quickly to see that a class was
filed so they could limit the amount of the settlements. The Bidart Group was in place, and the
present Class was filed in March or April of 1998. The Bidart Group was selected as they had everything in place,
and they had the funds and manpower to challenge Allstate. However, no challenge was ever initiated.
Additionally they had Stephen Garcia. Mr. Garcia was very critical to Allstate
because they knew he was the source of the FBI involvement. They speculated Garcia could manipulate the
US Attorney’s office. Later when they
found out he could not or would not, he was dropped from any participation in
the class as class counsel even though he was to get a million dollars out of
it and $12,000.00 a month.
The Bidart Group also had cut a side deal with Allstate
wherein Allstate would settle a lot of claims outside of the class and provide
the attorneys with lucrative and immediate settlements to make sure that the
Class Action suit would go as Allstate wanted. Immediately, some policyholders were paid excessive amounts,
while the others would have to go through the grueling settlements under
Allstate’s control.
Additionally, Allstate knew Booth had evidence and
information on Allstate’s trickery in not paying sales tax on estimates. To control the damages from that evidence
the Bidart Group filed a distinctive class; but nothing has come of it other
than to discourage other attorney’s from proceeding on behalf of the citizens
of California.
Allstate had another hurdle to get by for the Class approval
because the Federal Judge overseeing it demanded it be sent to the California
Insurance department for review and expected their approval before the Class
will be honored by the Judge.
It was reviewed by Chuck Quackenbush’s office, deemed not
fair to the citizens of California and was rejected. However, when the recommendation went to an attorney higher up in
the Commissioner’s office, the attorney wrote to the Judge saying the insurance
department approved it. Several months
later, the attorney in Quackenbush’s office who signed the approval of the
previously rejected Class Action left the State Insurance Department and went
to work for the Shernoff and Bidart law firm.
The only other obstacle was the Booth whistle blowing. That was also well under control by Bidart
as the attorney representing Booth was their own man, and he could lie
down. When Ball resigned, it was
anticipated Booth would give up as he did not have the knowledge of funds to
continue. However, Booth continued, and
did the best he could.
Contact was made with Stephen Garcia for
representation. He initially only
wanted to represent Booth if he lost wanting a malpractice lawsuit against Ball
when Booth lost. No one could conceive
Booth could win against the law firms Allstate had brought in to destroy him.
Garcia agreed to represent Booth for a minimal amount; but Booth had to agree
to Garcia taking totally control of Booth’s fate.
Garcia decided the defendants Booth and Laporte should take
the Fifth Amendment, saying he felt they could not withstand cross examination
by Attorney James Fitzgerald. Booth
argued with Garcia insisting he desired to take the stand. Finally, Garcia gave Booth an
ultimatum. That ultimatum was Booth
would have to go forward during the trial without an attorney, as would
Laporte. Booth was willing to relieve
Garcia so he could testify, but Garcia said he would also drop Laporte. Laporte was very angry with Booth pointing
out if he testified he would leave Laporte without counsel. Garcia then said he had given his word to
Allstate’s James Fitzgerald that Booth and Laporte would not testify. Booth knew of no such deal, and could not understand
why anyone would give Allstate’s attorneys such an unfair advantage. Booth then reluctantly forfeited his right
to testify for Laporte at Garcia’s insistence and threats. This trial has not been fair because it has
been manipulated by Allstate and their attorneys who have cut all types of
deals with the defendant’s attorneys who have been controlled by Shernoff and
Bidart.
Allstate is not in this case to establish fraud for the good
of their policyholders and to ultimately reduce premium payments. Allstate is in this lawsuit to divert the
attention away from them for the fraud they committed through their high
ranking officers.
It was William Shernoff, Michael Bidart’s partner, and
Robert Pike’s friend who intervened in this trial with a bribe to defendants’
attorney Stephen Garcia.
Defendants were indeed approached by Mr. Garcia after he was
made the offer, and given the warning, but there were underlying
circumstances. Mr. Garcia was still
owed about $5,000 from defendants, he was angry that he did not have the money
at the time, and he refused to speak with defendants during this trial in an
attempt to get his point across that he wanted to be paid. After he spoke with William Shernoff, he
began the discussion with defendants by mentioning the money owed him. He told us he needed to take care of himself
and his family before he could take care of us. He stressed that if he did not call Pike he would get the quarter
of a million dollars that he would otherwise have to write off. He stated that
he would let up on the $5.000.00 we owed if we agreed to his not calling
Pike. However, he never said he would
forgive the $5,000.00.
Mr. Garcia thereafter became less aggressive in his pursuit
of our defense. He began to strike
witnesses we had that would provide very damaging evidence against
Allstate. One such witness was Curt
Caldwell. Mr. Caldwell voluntarily
drove more than 10 hours to testify and arrived at the courthouse at noon. He was prepared to testify, but Mr. Garcia
sent him away. Russell Marne, Esq.
provided a declaration offering information revealing Tom Conrad was controlled
by Mr. Fitzgerald. Mr. Garcia did not
pursue this willing witness. All this
occurred after the contact by Mr. Shernoff on behalf of Allstate.
Jo Ann Lowe was to be called as a witness. Again Garcia said James Fitzgerald had asked
him not to call her. Garcia explained
Fitzgerald did not want her as he had an affair with her just before she left
Allstate, and was afraid that might come out in the trial. Booth still wanted Jo Ann Lowe because of her
knowledge of Allstate’s fraud presented to the jury.
The defendants had numerous witnesses to call, and Stephen
Garcia simply rejected all witnesses and took only 4 hours to deliver a defense
without accepting the defendants’ input in any way. Then, in his closing argument Mr. Garcia said to the jury we
admit there was fraud, which, of course, we never did.
The plaintiff presented no evidence to show defendant Booth
took kickbacks. The plaintiff was
required to show money transferred to Booth, and how Booth received it. Nothing in this nature was presented at
Court except the Strainere check presented by Allstate. That was easily shown to be a bogus check
that was never turned into cash as Strainere maintained. Additionally it revealed Allstate had
manufactured evidence and testimony.
The jury when polled admitted they did not see any evidence,
but felt something went on, and thus found against the defendants. Thus the verdict should be set aside as the
jury is to decide by the preponderance of evidence. They did not on decide evidence if none was presented. No such evidence, or any evidence was
submitted during the entire trial that revealed Booth received Kick-backs. Nor was any evidence presented that revealed
Booth received such. It was simply the
duty of Allstate to show funds were paid to Booth, and Booth received
them. This never was demonstrated. It was all by innuendo presented through Tom
Conrad who is indeed a proven perjurer with a motive.
Allstate’s own William Hughes admitted he had reviewed all
the files in their entirety at issue here, and had found no improprieties by
Booth.
It is further evidenced that the jury did not consider the
facts as Booth was found liable on claims he never even worked.
The exclusion of reference to the 60 million dollars
Allstate set aside for the Sherman vs. Allstate Class Action was in error for
not being admitted to the jury as it is evidenced by Mr. Shernoff’s call to Mr.
Garcia as very germane to this case.
The exclusion of the KCAL news report, and 20/20 interview
by Booth was likewise germane as it verified Booth was a whistleblower, and
Allstate used this trial to silence him.
The jury never had any evidence presented to them that would reveal Booth
was a whistleblower which was the entire reason Allstate filed this suit.
IV.
For the reasons set forth above the
Defendants request that the Court issue the following Orders
1. VERDICT BE SET ASIDE BECAUSE PLAINTIFF COMPROMISED THE
DEFENDANT’S ATTORNEY BY OFFERING HIM A BRIBE IN THE AMOUNT OF $250,000.00 TO
FOLLOW HIS “BEST TRIAL CONSIDERATIONS” WHICH WAS NOT TO CALL MR. PIKE,
ALLSTATE’S GENERAL COUNSEL AND VICE PRESIDENT.
2. TRIAL BE DECLARED A MISTRIAL BECAUSE NO EVIDENCE WAS
PRESENTED BY THE PLAINTIFF TO DEMONSTRATE THEIR ALLEGATIONS THAT DEFENDANT
BOOTH RECEIVED KICKBACKS OR KNEW OF THE SCAMS TOM CONRAD WAS COMMITTING WITH
THE PLAINTIFFS BLESSINGS.
3.
A NEW TRIAL DATE BE SET
4. TO EXCLUDE ALL TESTIMONY THAT WAS TAINTED BY PERJURY BY PLAINTIFF WITNESS'S THOMAS CONRAD, RICHARD CHAMBRONE, AND JEFFREY STRANIERE.
5. TO EXCLUDE ALL TESTIMONY BY WITNESSES WHO ACKNOWLEDGED
UNDER OATH THEY WERE PAID BY PLAINTIFF ALLSTATE TO TESTIFY, INCLUDING, BUT NOT
LIMITED TO PLAINTIFF WITNESSES THOMAS CONRAD, AND ANTHONY MANGOLA.
6. TO SET ASIDE THE JURY VERDICT AS THE PLAINTIFF DID NOT
PROVIDE ANY EVIDENCE AT ALL SUBSTANTIATING DEFENDANT BOOTH RECEIVED KICKBACKS OR
KICKBACKS WERE PAID TO MR. BOOTH, WITH THE EXCEPTION OF MR. CONRAD WHO WAS
EXPOSED AS A PERJURER IN THIS TRIAL.
THUS THE JURY COULD NOT RENDER A VERDICT FOR THE PREPONDERANCE OF EVIDENCE
BECAUSE THERE WAS NO EVIDENCE TO CONSIDER.
7. I HEREBY JOIN IN THE MOTION FOR NEW TRIAL AND ALL SUPPORTING
DOCUMENTS OF GENE LAPORTE AND DON AMES.
8. ORDER
ATTORNEY STEPHEN GARCIA TO RETURN BOOTH’S 62 VOLUMES OF DOCUMENTS IN THEIR
EXISTING ORGANIZED AND NUMBERED FORM TO BOOTH AT NO COST TO BOOTH.
Exhibit I (Transcript of $250,000 Bribe)
Respectfully
submitted,
By_______________________
Harry Miller
In PRO PER
Proof
of Service
LUCE,
FORWARD, HAMILTON & SCRIPPS LLP
JAMES
E. FITZGERALD, ESQ. (State Bar No. 108785)
DAVID
R. KRAUSE-LEEMON, ESQ. (State Bar No. 185719)
HEATHER
L. MCCLOSKEY, ESQ. (State Bar No. 193239)
777
South Figueroa Street, Suite 3600
Los
Angeles, California 90017
(213)
892-4992
Attorneys for
Plaintiff
Allstate
LONGO & LONGO LLP
280 S. Beverly Drive
Beverly Hills,
California
310-271-9388
Attorneys for
Defendant
Don Ames
Stephen
Garcia, Esq.
222
6th Street Suit 780
San
Pedro, California
310-833-9595
Attorneys for
Defendant
Eugene
Laporte