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Case Initially Dismissed ; Re-Filing By Plaintiff Resulted in Frivolous Lawsuit Judgment

One Arizona citizen encountered a stone wall when trying to sue over unauthorized faxes.

Email received Oct. 18, 2003

After the case was dismissed by Judge Wayne Johnson ("statute of limitations...", see below) I re-filed it because he had dismissed it without  prejudice. At the court hearing I was not allowed to ask the defendant any questions. Judge Johnson refused to continue to hear the case because I could not present my fax log. He dismissed the case again and granted the defendant a judgment for $3,000 against me because he found that I had filed a frivolous lawsuit (despite my testimony under oath that I had received the fax which I presented as evidence).

Stefan F.


Email received Oct. 20, 2002

I filed a case at the East Mesa Justice Court (the honorable Judge Wayne Johnson). I wanted to have the option to appeal after I heard about cases in which the judge just ignored the TCPA at Small Claims court. 

After some time I called the court to see if the Defendant had filed an answer. He had, without sending me a copy. So I drove over to the Court and asked to have a look at the file. The clerk told me that their policy is not to show the file -- only to make copies for $ 0.50 a page. I told her that I had the right to see the file and that I wanted to see this policy.

Suddenly a different clerk came up to the counter and said she would call 911 and get me arrested for disturbing the court ... but then they showed me the file.

The (defendant's attorney) filed a motion to dismiss because of the Arizona Statute of Limitations (1 year). I objected with the argument that 28 USC 1658 gives me a 4-year statute of limitations and that all the case law he had cited was prior to 1990. His new argument was that the TCPA says "... if otherwise permitted" and that this means that the Arizona laws have to permit the lawsuit.

Again, I explained 28 USC 1658 and the same day when I filed this objection, the judge dismissed the case, granting the defendant's motion. 

I asked how to appeal and was told that I can't appeal because there is no judgment.

Stefan F.