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DR. ORLY TAITZ ESQ

1 29839 SANTA MARGARITA PKWY, STE 100
RANCHO SANTA MARGARITA, CA 92688
2 PH 949-683-5411 FAX 949-766-7603
3 US DISTRICT COURT
FOR THE CENTRAL DISTRICT OF CALIFORNIA
4

5
) CASE NO.: 11-CV-00485
6 LIBERI ET AL, ) Supplemental brief to
) Reply to opposition to
7 PLAINTIFF, ) MOTION-REQUEST TO TERMINATE
) PHILIP J. BERG AS AN
8 VS. ) ATTORNEY ON THE CASE
) HON. ANDREW GUILFORD
9 TAITZ AT AL, ) PRESIDING
) DATE 05.09.2011
10 DEFENDANT ) TIME 10:00
COURTROOM 10 D
11
Defendants are submitting this supplemental brief with two more
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points, which were inadvertently omitted in the Reply to
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opposition to motion to terminate (disqualify) attorney Berg, as
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an attorney for the Plaintiffs in this case.
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1. All of the cases brought in citations by the plaintiffs in
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their opposition brief, are completely irrelevant to this motion
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and this case in general, as all of such cases relate to
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criminal defendants exercising their 6th Amendment right to
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counsel in criminal case. United states v Gonzales-Lopez, United
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States v Lilie, United States v Garett, United States v Walters,
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United State v Panzareli-Alvarez are all criminal cases. There
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is more leeway in granting pro hac vice to attorneys for
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criminal defendants in accordance with their 6th amendment
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rights. The case at hand is a civil case, Berg wants to
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represent plaintiffs, not defendants, and he did not provide any
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laws, statutes or precedents, which will allow him to do so
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without a valid license or without a valid pro hac vice signed
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Motion to terminate Philip Berg as an attorney on the case- 1

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1 by a local attorney and in the midst of Disciplinary Board trial

2 against him in Pennsylvania.
3 2. Just looking at the documents and pleadings in this very
4 case, it is clear, that Berg does not possess a good moral
5 character, that is needed for pro hac vice.
6 Defendants are asking the court to simply read three documents
7 in this very file to ascertain, that Berg does not have a good
8 moral character. Such documents are;
9 a. complaint filed by Berg on behalf of the plaintiffs on May 4,
10 2009.
11 b. document 137, an emergency response by the Plaintiffs filed
12 July 30,201o
13 c. an order and memorandum by the prior judge, PA US District

14 judge Eduardo Robreno filed on December 23,2010.

15 This complaint revolves around the fact that Taitz published

16 criminal record of Berg's legal assistant Lisa Liberi and

17 advised her supporters and donors, that her prior volunteer web

18 master Lisa Ostela locked Taitz out of the her old web site and

19 replaced Taitz pay-pal with her own pay-pal and any donations

20 given at the old web site will not go to either Taitz or her

21 foundation, "Defend Our freedoms Foundation" but rather to

22 Ostela. Berg, Liberi and Ostella filed this legal action for

23 defamation, assault and libel. Berg gave his business address as

24 Liberi's address and in their verified complaint, Plaintiffs

25 attempted to create an illusion, that Lisa Liberi working for

26 Berg is not a convicted felon from CA but a different Lisa

27 Liberi, residing in PA.

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Motion to terminate Philip Berg as an attorney on the case- 2

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1 After the last hearing in this case, which was held in PA in

2 December 2010, when Taitz cross examined Liberi, Ostella and
3 Berg, Judge Robreno stated in his 12.23.2010 order, that
4 Plaintiffs were evasive and not believable as witnesses and that
5 Liberi conceded that she was a convicted felon from California
6 and Ostela conceded that she indeed locked Taitz out of the web
7 site of her foundation and replaced Taitz Paypal with her own.
8 This in itself shows the case to be frivolous and so far a
9 motion to dismiss was not decided with prejudice, as the case
10 was transferred and the court of appeals decided that all the
11 motions are to be decided by the transferee court. Proper motion
12 to dismiss will be filed shortly with this court, as this court
13 is the transferee court, however just reading the complaint and

14 the transcript of 12.20.2010 motion hearing and the subsequent

15 12.23.2010 order by judge Robreno, shows that attorney Berg

16 filed a totally frivolous legal action and he did it with

17 malice, which does not show good moral character.

18 Even more malice and bad moral character can be seen by reading

19 Document 137 of this docket. In this document, filed by Berg, in

20 response to Taitz request to unseal the transcript of the

21 08.07.2009 hearing, at which Taitz was not present, Berg

22 demanded the court to keep the transcript sealed, and without a

23 shred of evidence he made up a totally outrageous accusation,

24 where he stated as fact, that attorney Taitz tried to hire a hit

25 man to kill his legal assistant Lisa Liberi and for that reason

26 the transcript needs to be kept sealed. In the recent 12.23.2010

27 order Judge Robreno has stated, that Plaintiffs did not provide

28 any evidence to substantiate such allegations. What is

Motion to terminate Philip Berg as an attorney on the case- 3

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1 unprecedented, is the level of malice and totally depraved heart

2 behavior, bordering on antisocial behavior, where without a
3 shred of evidence attorney Berg in his pleading stated as fact
4 that the opposing attorney tried to hire a hit man to kill his
5 assistant. In document 137 page 16 he not only made an
6 accusation, but demanded the presiding judge to submit his
7 demand to the US attorney to criminally prosecute Taitz, he was
8 demanding sanctions against her and he demanded to keep the
9 transcript sealed. All of this was done with malice and to cover
10 up for the fact, that when Plaintiffs filed the case, Liberi did
11 not reside in PA and was not allowed to reside there according
12 to the terms of her probation. Berg claimed that during this
13 hearing, which Taitz could not attend, he provided Judge Robreno

14 with Liberi's drivers license. When the transcript was finally

15 released and provided to Taitz, it showed that Berg never

16 provided judge Robreno with Liberi's drivers license, that

17 actually judge Robreno told Berg to file Liberi's drivers

18 license and Berg never filed it. This will be included in the

19 proper 12b1 motion as Plaintiffs cannot maintain the case in

20 diversity without documentary evidence of the state residence of

21 the parties at the time the case was filed, however this

22 information was included in this supplemental brief to

23 demonstrate the level of malice exhibited by Berg and to

24 demonstrate that he does not possess good moral character

25 necessary for pro hac vice.

26 Respectfully submitted,
Dated this 04.18.2011
27 /s/ Orly Taitz
_______________________
28 Dr. Orly Taitz, ESQ
Attorney for

Motion to terminate Philip Berg as an attorney on the case- 4

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Defend Our Freedoms

1 Foundation and
Orly Taitz
2

4 CERTIFICATE OF SERVICE
5 I declare under penalty of perjury that a true and correct copy
6 of the above pleadings was served on 04.18.2011 via ECF on
7 Philip J. Berg, attorney for all the plaintiffs. Other
8 defendants on the case were served electronically on 04.18.2011
9 at following e-mail addresses:
10 Neil Sankey and Sankey firm at
11 nsankey@sankeyfirm.com
12 /s/ Dr. Orly Taitz, ESq
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Motion to terminate Philip Berg as an attorney on the case- 5