We are pleased to report that on 21 May, the California Court of Appeals ruled in our favor in the litigation of Direct Shopping Network –v- Robert James, and awarded Robert James legal costs from DSN. This case involves our ISG reports regarding the diffusion treated Tibet andesine, and our various reports regarding the claimed origin of the 2008 Beijing Olympic Andesine and the claimed origin of the red color of the feldspar sold by DSN as natural.
The Appeals Court ruling follows a previous ruling in this case regarding our co-defendant, Interweave Press d/b/a Colored Stone magazine. Interweave previously won this same ruling from the same court where the court ruled among other issues that Direct Shopping Network:
“…failed to present admissible evidence that the Olympic andesine it sold was in fact all natural and came from China….” and
“…presented no evidence that it suffered damages and interference with business relationships of the type required to support its claims for trade libel and interference”.
The reason for this case once again going before the California Court of Appeals is that DSN realized why they lost the previous appeal on the Interweave portion of this case, went back to the office and tried to plug in the holes in their case, and then re-litigate the case against myself, Robert James.
This falls under the concept of collateral estoppel, meaning that a party cannot lose a case, figure out why they lost, and then go back to litigate again trying to win the next try based on what they learned about their case in the first try. To quote the Appeals court:
“The purpose of collateral estoppel is to prevent a party from repeatedly litigating an issue in order to secure a different result”.
I believe that this is precisely what DSN tried here, and underscores my belief that this whole thing was intended to serve as “intimidation by litigation” for my agreeing to serve as expert witness in the DSN California class action, and for my standing on the side of consumers to find answers to a multi-million dollar fraud. Mr. Garabedian should have remembered that I grew up in the shadow of the Mission San Antonio de Valero, better known as the Alamo. We are taught from an early age to stand our ground when we believe we are right.
If Mr. Garabedian wants to risk getting rejected once again by the California Supreme Court in this matter, I say “do your worst, sir”. Otherwise, this situation should finally be over as the Appeals Court ruled.
In 2008 I promised consumers and a group of Oregon miners that I would not quit this fight until the fight was done. That I would neither offer, nor accept, any settlement in this matter for the purpose of avoiding a fight. That I would ask no quarter, and I would offer none.
As of yesterday, I have fulfilled that promise to consumers and the Oregon Sunstone industry.