Throughout the day yesterday, I published a series of post with Aaron Walker’s latest motions for summary judgment against Brett and Tetyana Kimberlin in the Walker v. Kimberlin, et al. lawsuit and their joint response. Their response makes reference to Tetyana Kimberlin’s response to Aaron’s first motion for summary judgment.
It seems that The Dread Pro-Se Kimberlin was in way over his head when he drafted that response.
First, he had no standing to be responding to a motion that only addresses another defendant.
Second, the Kimberlins state in paragraph 2 that they “agree that a hearing should be held on the issue of probable cause.” Agree with whom? Aaron Walker hasn’t asked for such a hearing. He has pointed out that he alleges that the charges were based on perjured statements, and he has put evidence into the record to support his allegations. OTOH, the Kimberlins have offered no evidence to support their defense. Indeed, when they were asked in discovery what evidence they had, the said, “None.” There is no need for a hearing on probable cause because the only admissible evidence shows that the charges were based on false statements, and lies cannot form the basis for probable cause.
TDPK’s lack of understanding as to what is admissible evidence and what is not has led to the failure of all of his recent LOLsuits. Kimberlin v. Walker, et al. ended in a directed verdict in favor of the defendants because Brett Kimberlin did not produce a “scintilla” (the judge’s word) of evidence to prove his case. Kimberlin v. National Bloggers Club, et al. (I), Kimberlin v. National Bloggers Club, et al. (II), and Kimberlin v. Hunton & Williams LLP, et al. (I) all were dismissed for failure to state a claim upon which relief can be granted because there was no evidence to support TDPK’s allegations. Kimberlin v. Hunton & Williams LLP, et al. (II) is in the process of being dismissed for the same reason.
Everything is proceeding as I have foreseen