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Yet Another Lawsuit Against the Church


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26 minutes ago, Bernard Gui said:

Serious comment....this fellow has some problems that could prove dangerous.

No dispute here. They probably already have. Parents do not usually have what sounds like a restraining order against their own child.

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Someone asked if Brett Eliason  was a lawyer or had legal training.  I can assure you he has none.  His pleadings demonstrate  no understanding of the law. His facebook posts are replete with inaccurate legal statements.    As far as the facts of his case, they are also incongruent and (combined with his facebook history )  set forth a lot of problems for his most recent case.  He has already attempted legal recourse against his family and Kirton McConnkie  without success. Brett deserves help and probably sympathy,  but   there is no legal recourse  for what ails him. 

I loved this quote from FB where he implicates his former attorney  Kay Burningham and Park Romney in the conspiracy against him. That was truly ironic. 

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40 minutes ago, topcougar said:

Someone asked if Brett Eliason  was a lawyer or had legal training.

He has an MBA.  According to his FB page, it looks like he suffered some significant health issues in 2008, possibly due to stress relating to improper business practices against him (he won a suit for 7 million eventually according to him).  These issues included at least one seizure.  His parents were very supportive of him, and it is likely heart breaking for him to be separated from his dad after the loss of his mother.

His issue with the Church is primarily through Pres. Oaks' associations with two law firms he believes helped others defraud his parents' estates against what he understood to be their actual wishes.

I think we should leave this one to those directly involved.  It is more a family issue at this point in my opinion.  If I had read as much as I eventually did to begin with, I wouldn't have posted any info and will now be deleting it.  If possible, please remove at least the links if not my entire quotes from your posts...if not possible, it reminds me I should do decent research before posting about individuals, so don't worry about it.

Edited by Calm
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11 minutes ago, Calm said:

I think we should leave this one to those directly involved.  It is more a family issue at this point in my opinion.  If I had read as much as I eventually did to begin with, I wouldn't have posted any info and will now be deleting it.  If possible, please remove at least the links if not my entire quotes from your posts...if not possible, it reminds me I should do decent research before posting about individuals, so don't worry about it.

Following your lead.

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  • 2 weeks later...
Posted (edited)
On 2/19/2020 at 9:52 AM, smac97 said:

Oh, wow.  Nemelka tried with check out of the lawsuit, which essentially left him vulnerable to a judgment being entered against him.  The other party (Harry Dschaak) had an attorney, who apparently did a pretty good job on pursuing the case, including the procedural steps necessary to obtain a judgment against Nemelka.  One of those steps was serving paperwork on Nemelka at an address in Orem: 224 Garden Park Drive.  This is similar to, but not quite, the addresses used in the lawsuit for Lynnette Cook (228 West Garden Park Drive) and Rodney Jay Vessels (230 West Garden Park Drive) (these two addresses do not appear to exist).

Per county land records, 224 Garden Park Drive is presently owned by a number of parties as joint tenants: Diane Jorgensen Heath, Lynnette Cook, and Monica Smith as trustee of the "Irrevocable Marvelous Work and Wonder Purpose Trust, u/t/a Dated August 28, 2009." 

This property was previously owned by Christopher Nemelka (as trustee of the above trust) from 2015 to 2016.  Prior to that, it was owned by Sheryl Nemelka, presumably a relation to Christopher.  Prior to Sheryl, the property was owned by . . . wait for it . . . Ida Smith.

Thanks,

-Smac

Yesterday the Church's attorneys filed a reply memorandum.  Here's a link to the document.

A few observations:

1. There will apparently not be oral argument, as there are restrictions on oral arguments arising from the Coronavirus pandemic.  Plus, the Church's attorneys state that the Motion to Dismiss can be decided based on the briefs alone.

2. The brief challenges the plaintiff's efforts to circumvent the "Church Autonomy" (aka "Ecclesiastical Abstention") doctrine by claiming the Church's leaders have engaged in "fraud."  It's a pretty solid point, and one with which I think the Court will agree.

3. The reply brief is essentially a re-hash of the motion to dismiss.  This is because the memorandum in opposition didn't really bring up any substantive arguments or authorities.

If I were a betting man, I'd say this suit has a 95% chance of getting dismissed.

Thanks,

Smac

Edited by smac97
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Posted (edited)
On 3/18/2020 at 10:31 AM, smac97 said:

Yesterday the Church's attorneys filed a reply memorandum.  Here's a link to the document.

A few observations:

1. There will apparently not be oral argument, as there are restrictions on oral arguments arising from the Coronavirus pandemic.  Plus, the Church's attorneys state that the Motion to Dismiss can be decided based on the briefs alone.

2. The brief challenges the plaintiff's efforts to circumvent the "Church Autonomy" (aka "Ecclesiastical Abstention") doctrine by claiming the Church's leaders have engaged in "fraud."  It's a pretty solid point, and one with which I think the Court will agree.

3. The reply brief is essentially a re-hash of the motion to dismiss.  This is because the memorandum in opposition didn't really bring up any substantive arguments or authorities.

If I were a betting man, I'd say this suit has a 95% chance of getting dismissed.

Thanks,

Smac

The day after the Church filed its reply memorandum, the plaintiffs in this case filed a surreply.  This is procedurally improper, and I think the judge will ignore it.

As I understand it, the federal courts in Utah allow a party to file a motion and supporting memorandum.  The other party then gets to file a memorandum opposing the motion.  The moving party then gets to file a reply to the opposing memorandum.  That's it.  A "surreply" is a reply to the moving party's reply.  My understanding is that a surreply is not allowed under the federal rules of civil procedure.  That being the case, the judge will not consider the arguments in the surreply.

Meanwhile, the surreply itself is . . . not very good.  This part is sort of interesting:

Quote

Plaintiffs asked the Church to end this controversy on two separate occasions.  The first time was before filing the lawsuit.  Plaintiffs asked for the opportunity to meet with the Church to discuss a resolution before filing, which meeting was rejected.  A second effort was made on February 26, 2020, when we offered to settle with the Church without any remuneration paid to Plaintiffs, as this is NOT Plaintiffs' primary objective.

Plaintiffs offered a plan that would eliminate world poverty and child prostitution, using Plaintiffs' experts and the contacts, power and influence of the Church.  The second option we offered was simply agree to a "Statement of Real Truth," which we prepared for the purpose of eliminating further fraud from being perpetrated by the Church; but the Church rejected our request.

I'm not sure the whole thing is worth a read, but you can if you like.

I'm pretty sure this lawsuit is going to get dismissed.

Thanks,

-Smac

Edited by smac97
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Plaintiffs offered a plan that would eliminate world poverty and child prostitution, using Plaintiffs' experts and the contacts, power and influence of the Church

Yeah....this is their 'solution' that came out a few years ago.  Given Nemelka's past comments on doing stuff just to see the reaction (my paraphrase, I can't remember exactly how he said it; probably something long the lines of getting people to think, but I am taking his admissions of being a liar, etc. into account in my version), I am guessing he is doing this just to get attention and to give his followers a reason to believe he is someone to be followed.

I may waste a few minutes digging it up.

I can only imagine this was to draw attention as the idea that a number of Anonymous members were aligning with his group is ludicrous.  By making this claim, he was likely hoping for his group to be attacked which would then lead to free publicity.  He is probably pretty well insulated, but any group members living a normal life probably not so much.  

https://www.24-7pressrelease.com/press-release/428792/the-humanity-party-dumps-anonymous-and-gives-up-on-american-support

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The Humanity Party has now changed its focus to a worldwide movement. With this change, THumP hopes to convince the world to unite under one government, behind a new World Constitution, as proposed in detail on its website...

    SALT LAKE CITY, UT, September 28, 2016 /24-7PressRelease/ -- The Humanity Party legally registered as a new and progressive political party in 2015. Known as THumP , many of the party organizers were once involved in the "hacktivist" Anonymous movement seeking social justice and change.

Some of the most intelligent hackers in the world joined together to form the Humanity Party . They realized that hacking into servers was causing more problems than good. They united to present actual solutions to the complaints that the movement had against the world's governments and corporations," states Christopher Nemelka, the party's only un-anonymous spokesperson.

From his site:

Quote

Poverty exists because people lack the ability to purchase the things that would eliminate poverty. 

The world has changed over time. No longer can a person hunt for or gather food in a free land. Someone owns all the land upon Earth. The land is owned and controlled by a few; therefore, the majority is dependent upon the few and compelled to purchase the basic necessities of life from these few.

Money is the system of exchange and purchase that the world has established by law. Poverty exists because the majority does not have enough money to pay for their basic necessities of life.

The Humanity Party® proposes giving enough money (electronically restricted) to all people upon Earth to allow them to purchase the basic necessities of life. Upon having the funds to purchase these things, the demand for these things will rise exponentially. The supply of these things will naturally follow through the established free market economic system. Supplying the needs of the demand will create jobs and employment opportunities that did not exist before the demand was created....

Most countries of the world consist of human beings from all ethnic backgrounds and cultures. Immigration throughout Earth has created a melting pot of humanity. Few nations exist independently restricted to one ethnicity or culture. All nations of Earth have become economically dependent on each other. Advances in technology and transport have created an economic situation where one nation cannot remain economically sovereign. When a separate sovereign government creates trade laws, establishes tariffs and fees, and in other ways attempts to control international markets for its own sake, all other nations suffer from these selfish controls.

It is time for the people of Earth to consider a One World Government that derives its powers from just one Constitution. Wars would stop because a One World Government would not be forced to defend itself against another government. The threat of nuclear war would all but disappear. Economic prosperity and equal opportunity for all people would flourish and be controlled by the people who elect this government.

The Humanity Party®

The Humanity Party® exists for the sake of all of humanity upon planet Earth. Without its solutions, the world will continue on a slippery slope to terrorism, unrest, wars, and human suffering. We must admit our mistakes. We must realize that WE created the problems that we are experiencing. And if WE created them, WE can also solve them. But nothing will be solved until we unite as One People, Indivisible, With Liberty and Justice For All.

The Humanity Party® is the only movement that has ever existed that has proposed the things incorporated into this platform. THumP® has the solutions. No one else does.™

Quote

If every human being were issued a THumP® HumanECard® (a credit/debit card that allows a person to purchase the basic necessities of life —i.e., food, clothing, shelter, health/mental care, and education from any source of their choice, found anywhere in the world), there would be no part of Earth, where humans congregate together, that would experience economic turmoil. Humans would choose the area of the earth where they wanted to live and be supported therein.

If the people in the rural areas have access to money, then the goods and services that they demand will come to them, spreading out the world’s population proportionately to the needs of the people no matter in what area of the earth they live. If a wealthy contractor knew that the people living in rural Kenya had money for homes, for example, that contractor would set up shop and provide them with homes. But new money must be created and provided to the people of Kenya.

This is a simple and logical, and unchallengeable solution, not only to the world’s overpopulation problem, but to end worldwide poverty. But what keeps seemingly logical people from accepting and implementing this simple solution? The easy answer is: their ignorance of how money is created, managed, and supported by their governments. The more complex answer is in how they were reared and educated by their parents.

“Money doesn’t grow on trees! Nothing is free in this world. Nobody gets a free ride in life. You have to work for what you get!” are typical statements by which modern parents brainwash their children. Thus, inculcated from childhood, as adults they simply can’t perceive any solution outside of these ridiculous and ignorant statements. Adults accept what their parents taught them and fight any new idea that counters what they were taught.

The fact is, money DOES grow on trees, at least for those who have planted their money in investment orchards where one doesn’t have to be present nor provide labor in order for the money to grow in abundance. This is how the wealthy get wealthy and remain wealthy. And … there’s a lot of free money in the world, but it usually goes to help keep the wealthy, wealthy by bailing out the companies that tend their financial orchards. The American Dream implies that one can eventually retire from work and still have all their needs and wants provided for.

So people are just supposed to accept this as wisdom and flock to his leadership.

And now he expects the Church to back him?

I don't buy it.  This is just giving his people something to do to justify his leadership, imo.

Edited by Calm
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  • 2 weeks later...
1 hour ago, topcougar said:

Brett Eliason is apparently unhappy with the Utah Judges who granted a continuance to the 

Church. Brett has now taken his action on the road to Colorado where he filed this action: 

Colorado Complaint.pdf 1.88 MB · 1 download

I read the complaint.  Very sad.

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A massive combination and conspiracy composed of Magistrate Judge Dustin B. Pead, Judge Robert Shelby, Judge Jill N. Parrish, the Rothschilds, the Illuminati, the Trilateral Commission, Kirton McConkie, President Dallin H. Oaks, the Church of Jesus Christ of Latter-day Saints, et al, ad infinitum, ad nauseam has conspired to defraud Plaintiff of his inheritance.  The evidence?  The conspiracy itself is the evidence.  It doesn't work that way, and Plaintiff needs independent evidence to support his claims?  He cannot get it, because the conspiracy also is conspiring to withhold it from him!

Yep, sounds like a winner to me! :huh::unknw:

P.S.: Unless I'm mistaken, in which the [no doubt far more] legally erudite among us can set me straight, I'm sure, a fiduciary's duty is to the trustee alone, not to anyone who might benefit secondarily (such as an heir) from the trust.

Edited by Kenngo1969
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Wait, they think the organizational church can end world poverty and child prostitution? All we need is the help of their experts?

Also their unique plan that only they supposedly have is a mashup of universal basic income, a deluded take on free market economics, and they throw in a one world government for funsies under the idea that conflict cannot exist if there is only one government, a childish fantasy refuted by just about all of political history. We could use more idealism in the world but why does it almost always seem to come packaged with ignorance and crazy?

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1 hour ago, Kenngo1969 said:

A massive combination and conspiracy composed of Magistrate Judge Dustin B. Pead, Judge Robert Shelby, Judge Jill N. Parrish, the Rothschilds, the Illuminati, the Trilateral Commission, Kirton McConkie, President Dallin H. Oaks, the Church of Jesus Christ of Latter-day Saints, et al, ad infinitum, ad nauseam has conspired to defraud Plaintiff of his inheritance.  The evidence?  The conspiracy itself is the evidence.  It doesn't work that way, and Plaintiff needs independent evidence to support his claims?  He cannot get it, because the conspiracy also is conspiring to withhold it from him!

Yep, sounds like a winner to me! :huh::unknw:

You left out Colonel Sanders.

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4 hours ago, The Nehor said:

they think the organizational church can end world poverty and child prostitution? All we need is the help of their experts?

The Church can help make it happen by using their experts/plans and the Church's influence to persuade governments to accept the plan and turn all their power over to a one world government, etc. iirc.  Not reading it again.  Twice is enough.

Edited by Calm
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7 hours ago, Kenngo1969 said:

A massive combination and conspiracy composed of Magistrate Judge Dustin B. Pead, Judge Robert Shelby, Judge Jill N. Parrish, the Rothschilds, the Illuminati, the Trilateral Commission, Kirton McConkie, President Dallin H. Oaks, the Church of Jesus Christ of Latter-day Saints, et al, ad infinitum, ad nauseam has conspired to defraud Plaintiff of his inheritance.  The evidence?  The conspiracy itself is the evidence.  It doesn't work that way, and Plaintiff needs independent evidence to support his claims?  He cannot get it, because the conspiracy also is conspiring to withhold it from him!

Yep, sounds like a winner to me! :huh::unknw:

 

5 hours ago, The Nehor said:

You left out Colonel Sanders.

No doubt the highest ranking member of the conspiracy. ;)

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1 hour ago, Calm said:

The Church can help make it happen by using their experts/plans and the Church's influence to persuade governments to accept the plan and turn all their power over to a one world government, etc. iirc.  Not reading it again.  Twice is enough.

Twice is enough?  I'd say that twice is at least once too many. ;)

Edited by Kenngo1969
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5 hours ago, The Nehor said:

Wait, they think the organizational church can end world poverty and child prostitution? All we need is the help of their experts? ...

With regard to the second of those most heinous of ills [I'm sure I can think of a stronger, more apt word, but one is escaping me at the moment] individual members of the Church of Jesus Christ (and groups thereof) are doing their best.

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1 minute ago, Thinking said:

Brett is giving us other critics a bad name.

I don't think he really qualifies as a critic, but rather someone who has difficulties with a number of people, including the Church.

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51 minutes ago, Calm said:

I don't think he really qualifies as a critic, but rather someone who has difficulties with a number of people, including the Church.

I don't think he really qualifies as sane.

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  • 2 weeks later...

It is very interesting to watch these lawyers, who are trained in these dealings,   give their opinion about something that they know so very little about.  If you look past the simple solution to world poverty, without getting all wound up in where did this idea come from, you may start to understand.,    Come on Man....  Instead of wasting your time on here , telling us all what is "wrong" with this lawsuit, why don't you either understand what the intent is or leave it alone.   You are really making yourselves look bad to any one who reads this slop.  I'm not here to defend the lawsuit...it is in very capable hands.   I wouldn't hire anyone who is a member of this forum.   

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12 minutes ago, Jeff Wangsgard said:

It is very interesting to watch these lawyers, who are trained in these dealings,   give their opinion about something that they know so very little about.  If you look past the simple solution to world poverty, without getting all wound up in where did this idea come from, you may start to understand.,    Come on Man....  Instead of wasting your time on here , telling us all what is "wrong" with this lawsuit, why don't you either understand what the intent is or leave it alone.   You are really making yourselves look bad to any one who reads this slop.  I'm not here to defend the lawsuit...it is in very capable hands.   I wouldn't hire anyone who is a member of this forum.   

Hi, Jeff.

;):D

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