Veritox & Cal Courts still harassing me w/fraudulent court docs to keep their junk science in U.S. mold litigations.

Sharon Noonan Kramer

Snk1955@aol.com

                                                                      May 14, 2018

 

William Litvak, Esq.

Dapeer, Rosenblit & Litvak, LLP

Los Angeles, CA 90064

(by Fax) (letter in pdf form) (attached exhibits)

Dear Mr. Litvak,

RE: Tell your clients at Veritox, Inc. to cease criminally harassing me with backdated void judgments and backdated, interest accruing liens that are purposed to keep their junk science in U.S. mold litigations.

     Thank you for your notice that you will be substituting in as counsel in Case No. GIN044539. Upon receipt of your substitution notice on Friday, I called your office. I spoke to a woman named Caroline. She tells me that you will be representing Mr. Kelman while seeking to reinstate the nearly ten-year-old, interest accruing (backdated) lien from Bruce J. Kelman and GlobalTox, Inc. v. Sharon Kramer.

     You have the name of the case incorrect on your legal document and your May 8, 2018 Proof of Service to “all parties” appears to be grossly incomplete. The name of the case is not “Kelman v. Kramer”. It is Bruce J. Kelman and GlobalTox, Inc. v. Sharon Kramer. (GlobalTox, Inc. is now Veritox, Inc.)

     Veritox is the second plaintiff to the case with an interest in the backdated lien that you are apparently going to try to reinstate. They lost in the 2008 trial, but the costs they incurred were rewarded to Mr. Kelman via their prior attorney Mr. Keith Scheuer’s unethical conduct. The five Veritox owners in addition to Mr. Kelman are: Bryan Hardin, Coreen Robbins, Lonie Swenson, Robert Scheibe, and Robert Clark.

     In 2001, Veritox co-owner Mr. Hardin retired as a deputy director of Centers for Disease Control & Prevention, National Institute of Occupational Safety & Health (CDC NIOSH). Throughout Bruce J. Kelman and GlobalTox, Inc. v. Sharon Kramer he has been undisclosed as a Veritox co-owner on the Certificate of Interested Persons submitted to the appellate court by Veritox’s former counsel, Mr. Scheuer.

     The December 2010 appellate court remittitur and electronic records have been falsified on their faces to conceal Mr. Hardin’s stake in the matter. Is it your intent to attempt to conceal, too, that he is an interested party in this ongoing matter as you attempt to reinstate a fraudulent lien?

     I don’t see anywhere stating the names of the additional five owners/party to the litigation on your Substitution of Attorney document or on the Proof of Service. I also do not see where any of them, including Mr. Kelman, were noticed of your substitution by the required Proof of Service to “all parties”.

THE CRIMINALLY BACKDATED COURT DOCUMENTS YOU’D HAVE TO USE TO RECORD ANOTHER FRAUDULENT LIEN

     Before you proceed to file motions in a North San Diego County Superior Court to reinstate a fraudulent lien, please produce a Notice of Entry of Judgment stating costs were awarded to Mr. Kelman on September 24, 2008 like the face of the current fraudulent lien shows.

     (Attached hereto collectively are EXH 1. the backdated, interest accruing lien stating the false Date of Entry of Judgment and cost award as September 24, 2008; EHX 2. proof that Mr. Scheuer did not even submit his client(s) costs until October 14, 2008; and EHX 3. proof that September 24, 2008 could not have possibly been the Date of Entry of Judgement; or that interest could accrue from that date.

     The interest accruing lien that Mr. Kelman wants you to cause to be reinstated, is a fraudulent legal document. He has been harassing me with it for years and no judges or justices will make him stop criminally harassing me with fraudulent court documents. Is it your intent to participate in increasing the damages and ongoing harassment?

       Also before you proceed to try and reinstate a fraudulent lien, please produce a Notice of Entry of Judgment dated December 18, 2008. This is stated on the third page of the void judgement that your client(s) and their prior attorney, Mr. Scheuer, have been criminally harassing me with for years with judges and justices – even coram non judice. (Attached hereto as EXH 4 is the void judgment in its current form).

     As you can see, the stated date of cost award on the face of the void judgment differs from the face of the equally fraudulent lien. If they were legitimate legal documents, the dates would be the same. The void judgement shows a date of cost award as being 12/18/08. The backdated lien shows a date of cost award as being 9/24/08.

     Don’t spend too much time looking for Notice of Entry of Judgment documents to corroborate that your client, Mr. Kelman, is not asking you to criminally harass someone with fraudulent backdated court documents – because that’s exactly what he is doing.

    There is no proof that judgment was entered, or costs were awarded on September 24, 2008 (like the face of backdated lien shows). There is no proof that judgment was entered, or costs were awarded on December 18, 2008 (like the face of the twice backdated void judgment shows.) This is because it never happened. Both the lien and the judgment (that you would have to use to reinstate the lien) are frauds on their faces.

     Judge Lisa Schall signed the void judgment on September 24, 2008 with a blank left on the third page. Although I was a trial prevailing party, I wasn’t noticed by the court (or by Mr. Scheuer) of her signing the document and nowhere did it leave a place to acknowledge that I prevailed over Veritox in the 2008 trial.

     Judge Schall’s clerk, Michael Garland, then backdated the void judgment twice in the following months. He added the dollar amount on the third page awarding costs to your client(s) sometime after Mr. Scheuer submitted costs on October 14, 2008. Mr. Garlarnd did not initial or date that he had made a change to the legal instrument.

     As you know as a real estate attorney, if a legal document is materially changed after signature w/no notation of the change, it becomes a void legal instrument. Regardless, your clients and Mr. Scheuer have been criminally harassing me with this void legal instrument for years. So have the local courts.

       On December 22, 2008, Mr. Scheuer submitted the void judgment back to the court to record the fraudulent Abstract of Judgment and Lien. (See EXH 1, the face of void lien). Sometime on or after December 22, 2008, Mr. Garland then backdated “mgarland 12/18/08” next to the dollar amount he had filled in October — making the void judgment then appear that costs were awarded on December 18, 2008. (See EXH 4, the face of the void judgement)

     On January 7, 2009, Judge Joel Pressman, who was the North San Diego Superior Court Presiding Judge at the time, misused the falsification of “mgarland 12/18/08” being backdated onto the void judgment as a reason to deny hearing a motion for reconsideration by stating judgment had already been entered on 12/18/08. But the electronic case file confirms nothing happened in the case on 12/18/08.

     In January 2009, I motioned for Judge (now Justice) William Dato to clarifying for me why dates on legal documents were inaccurate. He declined to do so, with Judge Schall’s clerk oddly being his clerk for the day. In April of 2009, Judge (now Justice) Dato, who knew the document was fraudulent and backdated; and that Scheuer had submitted Veritox’s costs as being those of Kelman’s; neglected to add that I prevailed over Veritox in trial and was awarded my costs – in violation of C.C.P. 664.5(b) and many other laws.

   The appellate court (Justices Patricia Benke, Richard Huffman and Joan Irion) committed multiple willful legal error in the 2010 appellate opinion. This includes word-smithing the appellate opinion when suppressing the evidence that the twice backdated void judgment failed to state I prevailed over Veritox in trial. They left the twice-backdated void judgement in effect and have repeatedly refused to recall their (equally fraudulent on its face) December 2010 remittitur to correct the errors that enable your client to harass me with fraudulent court documents to this very day.

     If you look on the third page of the void judgment (see EXH 4) you will see that I was awarded my costs as the prevailing party over Veritox on October 28, 2011, one year after the appellate court left the void judgment in effect. Judge Earl Maas was the judge who claimed he could not vacate the void judgment after appeal (once in 2011 and once in 2012) but was able to amend the void judgment to acknowledge that I prevailed over Veritox and was awarded my costs.

    Unlike the criminal backdated falsifications to the void judgment that Mr. Kelman has apparently hired you to harass me with; the addition to the 3rd page stating that I was awarded costs on October 28, 2011 is supported by the evidence that it really happened and happened on that date. It is corroborated by the electronic case record for October 28, 2011 and the court’s ruling showing I prevailed over Veritox in trial and was awarded my costs by judgment.

     Even with the addition acknowledging that I prevailed and was awarded costs, I have not been able to lawfully record a lien against Veritox. This is because I would have to use the known void-faced judgment with “$7,252.65” and “mgarland 12/18/08” backdated onto its third page to do it; and I know that would be criminal to use a (twice) backdated void legal instrument to record a lien. California Penal Code 134 states:

Every person guilty of preparing any false or ante-dated book, paper, record, instrument in writing, or other matter or thing, with intent to produce it, or allow it to be produced for any fraudulent or deceitful purpose, as genuine or true, upon any trial, proceeding, or inquiry whatever, authorized by law, is guilty of felony. 

     It would also be a felony for a California attorney to knowingly use a backdated void judgment to try to reinstate a backdated, fraudulent interest accruing lien. This is particularly true for a California attorney such as yourself whose areas of expertise appear to be real estate law and serving as an expert witness.

Which is it?

     Mr. Kelman and Veritox continue to harass me with a void lien that falsely states his costs were awarded on September 24, 2008?

     Mr. Kelman and Veritox continue to harass me with a void judgment that falsely states his costs were awarded on December 18, 2008?

     It’s both. Mr. Kelman continues to criminally harass me with fraudulent court documents – and apparently wants you to help him to increase the damages for me and the ill-gotten profits for him and Veritox.

THE TRUE CURRENCY OF THE FRAUDULENT COURT DOCUMENTS

   The continued harassing usages of the fraudulent court documents have caused extreme hardships horrific experiences for me by hands of the compromised local courts, your clients and their former attorney. But the true currency of the fraudulent court documents for your clients has little to do with the dollar amounts written on their faces.

     Veritox is using the fraudulent court documents to obtain hundreds of thousands of dollars of contracts for their illicit expert defense witnessing interstate enterprise. As of 2017, Mr. Kelman bills for his services as a dishonest expert defense witness in mold litigations at an hourly rate of $475.00 when consulting and $700.00 per hour when being deposed or providing trial testimonies. He would not be able to charge anything if he were in jail where he belongs for criminally harassing me with fraudulent court documents.

     According to their website as of September 2015, Veritox may give you a copy of the court documents from Bruce J. Kelman & GlobalTox, Inc. v. Sharon Kramer GIN044539 (2005 to present) & Bruce J. Kelman v. Sharon Kramer 37-2010-00061530-CU-DF-NC (2010 to present) and show you how they use them to obtain clients.

     I would assume the accompanying sales pitch to toxic tort defense attorneys goes something like, “Hey, check out this fraud upon the court that the California courts have been helping us with for years and no one holds them or us accountable. Hire us, we’re made of Teflon! We’ll lie our arses off for you and write all kinds of garbage to help you win your cases. We promise you can get away with it.”

As taken from the Veritox website:

“On August 26, 2008, a San Diego County Superior Court trial jury found that Sharon Kramer libeled Dr. Bruce Kelman of Veritox®, Inc., when she published a press release in March 2005. In her press release, Mrs. Kramer stated that Dr. Kelman had altered his under-oath statements on the witness stand when he testified as a witness in an Oregon lawsuit. The jury found that Mrs. Kramer’s statement was false and defamatory and that she had published it with malice. The Court of Appeal affirmed the judgment on behalf of Dr. Kelman. Nevertheless, Mrs. Kramer persisted in spreading the defamation. Accordingly, in November, 2010, Dr. Kelman filed a second lawsuit against her, to enjoin her from republishing the libel. The San Diego Superior Court issued a preliminary injunction against her in May 2011. She willfully disobeyed the injunction on several occasions, and as a consequence was incarcerated for civil contempt of court for two days in March 2012, and was fined $3,000 in July 2012.” The Court [FALSE, not a court, but a rogue judge] entered judgment in Dr. Kelman’s favor in July 2012, permanently enjoining Mrs. Kramer from republishing the libel. Mrs. Kramer’s appeal from the judgment was dismissed in March, 2013, when she failed [refused] to file an opening brief [in a court which the presiding justice refused to prove had subject matter jurisdiction upon challenge]. Mrs. Kramer continues to post false [corroborated as accurate] information and accusations maligning Veritox and its employees, as well as California justices, judges, court clerks and administrators, members of Congress and other elected officials. In the interest of saving time and minimizing annoyance, we currently ignore her posts regarding this matter. If you are a current or prospective client and have any questions about this, please call us for additional information and documentation.

     (They have since deleted the last sentence from their website. But the rest of the false advertising for an illicit interstate enterprise via usage of criminally backdated court documents, etc. remains)

    Their clients (the third-party true-beneficiaries to Mr. Kelman’s and Veritox’s continued and enabled criminal harassment of me in the California courts) are U.S. toxic tort defense attorneys retained by insurers or employed at government agencies. This includes toxic tort defense attorneys at the USDOJ and in California toxic torts where government agencies are named defendants.

   Defense attorneys across the United States could not use Veritox or Veritox’s junk science in their toxic torts to cheat the environmentally disabled — if Mr. Kelman was behind bars for criminally harassing the original whistleblower (moi) of how his junk science was mass-marketed as Evidence Based Medicine (EBM) to lending false credibility to his bogus expert defense witness opinions in mold litigations.

THE JUNK SCIENCE OF MR. KELMAN & MR. HARDIN OF VERITOX, INC

     Veritox co-owners, Mr. Kelman and Mr. Hardin, are toxicologists who hold PhDs. Mr. Kelman comes to the mold issue circa 2000 after years of being an expert defense witness for Big Tobacco. Mr. Hardin comes to the issue circa 2001 almost immediately after retiring from the CDC NIOSH.

     In 2002, Mr. Kelman and Mr. Hardin concocted a bogus risk assessment model that I call “the Veritox Theory” or “the GlobalTox paper”. It became the mainstay of the defense in mold litigations via being falsely marketed as EBM and as falsely claimed proof that mycotoxins (aka “toxic mold”) in water damaged buildings can’t plausibly reach a level to hurt anyone.

     A simple unethical twist of science, the two men simply applied extrapolations to data they had taken from a bench researcher’s study of sudden blasts of mold being instilled in rats’ throats. They professed to have proven mycotoxins in water damaged buildings (WDB) could not plausible harm humans. It is not current accepted science now to make such a grandiose claim based on this kind of misapplication of data, and it never was. It’s junk science hiding behind lofty-looking credentials using impressive-looking numbers.

     From a 2017 “expert” opinion of Mr. Kelman’s in a mold litigation:

    “Furthermore, a review of toxicity of various mycotoxins indicates that it is nearly impossible to inhale sufficient mycotoxins in an indoor environment to produce toxic effects”

   The above “expert” statement is complete hogwash. There is no known minimum exposure to mycotoxins in the indoor environment before symptoms indicative of debilitating toxicity occur; and the only “review” Mr. Kelman could have done to form the above conclusion is that of his own calculations. The Veritox Theory is a Linear No Threshold (LNT) risk assessment model. No one uses LNTs anymore. They have become widely understood to be junk science. Mr. Kelman is frequently discredited for using the above “expert” garbage.

     In 2005, after about a year of researching how this bogus concept became the mainstay of defense attorneys and defense experts in mold litigations, I wrote of what I learned. I put it in the context of how Mr. Kelman was (unsuccessfully trying) to use his Veritox Theory in an Oregon mold case. I have a degree in marketing and I called them on the widely marketed insurer fraud scam based on the junk science.

     At the time, I had no idea how incestuous the San Diego courts are and how far they would go to protect their own. When one screws up a legal proceeding to the point of real potential for liability for the courts, they all follow suit in retaliation to conceal the grave errors – digging a large cesspool of corruption that they can’t climb out of without exposing the stench and all the unclean hands that helped to dig the pool.

     They’ve been harassing me and framing me for libel on behalf of your client, ever since the first judge in matter, Judge Michael Orfield, suppressed the evidence in 2005 that Mr. Kelman committed perjury to make up a reason for malice in a libel suit. They have been using falsified court documents, falsified electronic case records, etc., like a bunch of bumbling Keystone cops — while keeping the profitable insurer fraud scam, based on Veritox’s bogus risk model, going in mold litigations from coast to coast. Thousands have been, and continue to be, harmed by the ongoing criminal antics in the local courts.

IS IT YOUR INTENT TO USE A VOID JUDGMENT TO HARASS ME?

   So, if it still your intent to try to use the void judgment to reinstate the fraudulent lien, please know that the first place I will go is to California Attorney General Becerra. He’s already told me (on video) that the CADOJ will investigate this ongoing crime in the California courts purposed to keep the Veritox Theory insurer fraud scam going. I’ve already had one meeting with an attorney from the CADOJ Public Crimes Unit with a witness present.

   That attorney understands that the documents you will need to (criminally) use to reinstate the fraudulent lien are backdated and void on their faces. He also understands that the Administrative Presiding Justice of the Fourth District Division One Court of Appeals (4th1st) Justice Judith McConnell, is “compounding” the problem via obstructing the vacating of the void judgment and removal of your clients’ backdated and fraudulent liens, obtained by collusive fraud upon the court.

FOR THIRTEEN YEARS, THIRTEEN SAN DIEGO JUDGES & JUSTICES HAVE BEEN CASE FIXING WITH YOUR CLIENTS, KEEPING THE JUNK SCIENCE TO COMMIT INSURER FRAUD IN U.S. MOLD LITIGATIONS FROM COAST TO COAST.  

     These are the local jurists who have hands-on helped your client to harass me by criminal means for thirteen years. Not one of them has done anything to make your clients’ and their former attorney Keith Scheuer’s criminal harassment of me, stop:

  1. 4th/1st Admin Presiding Justice Judith McConnell, former Chair of the Commission on Judicial Performance, (CJP)

  2. 4th/1st Justice Richard Huffman,

  3. 4th/1st Justice Patricia Benke,

  4. 4th/1st Justice Cynthia Aaron,

  5. 4th/1st Justice Alex MacDonald (deceased),

  6. 4th/1st Justice Joan Irion,

  7. Judge William Dato (now a 4th/1st Justice and newest appointee to the state’s judicial watchdog agency, Commission on Judicial Performance (CJP)),

  8. Judge Michael Orfield (retired 2008),

  9. Judge Lisa Schall,

  10. Judge Joel Pressman (retired 2017),

  11. Judge Thomas Nugent (retired 2015),

  12. Judge Robert Dahlquist III, and

  13. Judge Earl Maas III.

And last but not least:

Chief Justice Tani Cantil-Sakayue who has seen the fraudulent backdated court documents multiple times that you are apparently going to criminally use to continue to harass me. She seems to think what you are about to get involved in with the above-named judges, justices and your clients at Veritox, is just a hysterically funny “harmless error”. See Video[1] of Chief Justice Cantil-Sakayue cracking jokes with Judge Pressman on February 9, 2017; claiming she read 45 pages (that corroborate the fraudulent court documents’ various continued and criminal usages to cheat the public); and voting to appoint Justice Dato to the 4th/1st over my objections.

THIS IS WHY THOSE WHO COLLUSIVELY WORK TO KEEP VERITOX’S JUNK SCIENCE AND INSURER FRAUD IN MOLD LITIGATIONS HATE ME SO MUCH:

     In May of 2005, Mr. Kelman and Veritox, Inc. (formerly GlobalTox, Inc.) sued me for libel in a California state court for the words “altered his under oath statements” in my 2005 writing titled “Jury Finds ‘Toxic Mold’ Harmed Oregon Family. Builder’s Arbitration Clause Not Binding”.  

     I had accurately used those words in a sentence to describe Mr. Kelman weaseling on an Oregon witness stand. This was a key part of the story of how the Veritox Theory became EBM and current accepted science by unethical means; and how it could be defeated by making Mr. Kelman talk about the exchange of money among the players. (I was trying to be polite with “altered” rather than “weaseled”).

       From my 2005 writing exposing how Veritox got their junk science into policies as legitimate science and how to beat it in court:

The case (Haynes vs. Adair Homes Inc.) is a first in the Northwest to award personal injury damages to a family exposed to toxic mold in a newly built home. This verdict is significant because it holds construction companies responsible when they negligently build sick buildings… 

…By the time the Haynes discovered the mold, it was too late. Mrs. Haynes and the children were exhibiting neurologic and immune system damage. Paul Haynes reported the problem to Adair Homes, but the company refused to take responsibility. The family was forced to flee their new house in an effort to save the health of the mother and young sons….

 …Dr. Bruce Kelman of GlobalTox,Inc, a Washington based environmental risk management company, testified as an expert witness for the defense, as he does in mold cases throughout the country. Upon viewing documents presented by the Hayne’s attorney of Kelman’s prior testimony from a case in Arizona, Dr. Kelman altered his under oath statements on the witness stand. He admitted the Manhattan Institute, a national political think-tank, paid GlobalTox $40,000 to write a position paper regarding the potential health risks of toxic mold exposure. Although much medical research finds otherwise, the controversial piece claims that it is not plausible the types of illnesses experienced by the Haynes family and reported by thousands from across the US, could be caused by “toxic mold” exposure in homes, schools or office buildings.

     In 2003, with the involvement of the US Chamber of Commerce and ex-developer, US Congressman Gary Miller (R-CA), the GlobalTox paper was disseminated to the real estate, mortgage and building industries’ associations. A version of the Manhattan Institute commissioned piece may also be found as a position statement on the website of a United States medical policy-writing body, the American College of Occupational and Environmental Medicine. (ACOEM)

       My writing accurately stated that the think-tank money was for the U.S. Chamber version when marketing the bogus Veritox Theory (“GlobalTox paper”) and I described how that version was connected to the allegedly unbiased version written by Mr. Kelman and Mr. Hardin for their so-called “esteemed colleagues” in the “learned body” of ACOEM.

     In 2003, with the involvement of the US Chamber of Commerce and ex-developer, US Congressman Gary Miller (R-CA), the GlobalTox paper was disseminated to the real estate, mortgage and building industries’ associations [“nonprofits”]. A version of the Manhattan Institute commissioned piece may also be found as a position statement on the website of a United States medical policy-writing body, the American College of Occupational and Environmental Medicine” [ACOEM]

     The purpose of suing me was to stop sunlight from shining on how the scientifically fraudulent Veritox Theory was mass marketed into policy – that it was proven “toxic mold” does not harm — purposed toward misleading courts to deny liability for parties who are financially responsible for the disabling and killing of people. Mainly this would be various types of insurer who issue policies such as property/casualty, workcomp, errors and omissions, and health. It also includes government agencies and their toxic tort defense attorneys who use the services of Veritox and their junk science in mold litigations.

     The California SLAPP suits (there are two, one beginning in 2005 and one in 2010) were fixed to a false finding of libel with actual malice by the local jurists, Mr. Kelman’s attorney Keith Scheuer, and court clerks. They systematically suppressed evidence that Mr. Kelman frequently lies under oath when serving as a toxic tort defense witness and as a plaintiff in SLAPP suits.

     Justice Judith McConnell and her colleagues in the 4th/1st have repeatedly suppressed the direct evidence that the Veritox Theory is the heart of one of the biggest insurer fraud scams ever perpetrated on the U.S. public; and that they know they are causing it to continue by criminally case-fixing SLAPP with the fraudulent court documents, that you are apparently going to also use.

     The second case, Kelman v. Kramer, began in 2010 via usage of the backdated void judgment from Kelman & GlobalTox v. Kramer. It was about trying to permanently enjoin me from telling anyone of the ongoing case-fixing in California with fraudulent court documents, — purposed to defraud the public via enabling Veritox’s junk science to continue in EBM and mold litigations across the U.S.

THE SENTENCE FOR WHICH I HAVE BEEN FRAMED FOR LIBEL FOR THIRTEEN YEARS

       There has never been any question that the sentence for which Mr. Kelman and 4th Justice McConnell, et.al. continue to criminally frame me for libel (with fraudulent and backdated court documents) is correct: 

“Upon viewing documents presented by the Hayne’s attorney of Kelman’s prior testimony from a case in Arizona, Dr. Kelman altered his under oath statements on the witness stand.”

       Stated in the November 2006 anti-SLAPP opinion (confirming that the above is correct, Kelman did “alter his under oath statements” – but framing me for libel for it, anyway) as written by – you guessed it! – case-fixer extraordinaire Justice Judith McConnell. Concurred by Justice Cynthia Aaron and Alex MacDonald (deceased):

“The fact that Kelman did not clarify that he received payment from the Manhattan Institute until after being confronted with the Killian deposition testimony [the case in Arizona] could be viewed by a reasonable jury as resulting from the poor phrasing of the question rather that from an attempt to deny payment”.

Here’s the second reason they hate me so much:

   I have learned to use the criminal harassment in the California courts to shed greater light on the insurer scam based on Veritox’s junk science, to help save lives nationwide. I never would have been able to get enough attention on Veritox’s junk science to cause the 2007 front page Wall Street Journal (WSJ) article about Mr. Kelman and his junk science if he hadn’t sued me for libel.

     The 2007 WSJ article is Court of Opinion, Amid Suits Over Mold, Experts Wear Two Hats Authors of Science Paper Often Cited by Defense Also Help in Litigation By David Armstrong, January 10, 2007. To quote key excerpts:

The paper has become a key defense tool wielded by builders, landlords and insurers in litigation. It has also been used to assuage fears of parents following discovery of mold in schools. One point that rarely emerges in these cases: The paper was written by people who regularly are paid experts for the defense side in mold litigation…. The dual roles show how conflicts of interest can color debate on emerging health issues and influence litigation related to it.

“a lot people with legitimate environmental health problems are losing their homes and their jobs because of legal decisions based on this so-called ‘evidence-based’ statement.”

The ACOEM paper goes further. It says not only is there no evidence indoor mold causes serious health effects, but even if mold produced toxic substances, it’s “highly unlikely at best” that anyone could inhale enough to cause a problem. The paper reaches this conclusion by extrapolating from animal studies in which rodents’ throats were injected with molds.

“They took hypothetical exposure and hypothetical toxicity and jumped to the conclusion there is nothing there.”

     In 2005-07, I was also spending a bit of time in DC while the California courts were busy case-fixing SLAPP and framing me for libel with Mr. Scheuer on behalf of your clients. If Mr. Kelman hadn’t sued me, I wouldn’t have gotten the WSJ article. And if the WSJ author had not been looking for comment from U.S. Senators and staffers in 2006, I never would have gotten U.S. Senate Health, Education, Labor, and Pension (HELP) to order a federal audit of the issue.

     The Federal Government Accountability Office Report (GAO) issued in September of 2008 and blew Veritox’s junk science out of the water. Titled INDOOR MOLD Better Coordination of Research on Health Effects and More Consistent Guidance Would Improve Federal Efforts; it found that it is indeed plausible that mycotoxins in the indoor environment could reach a level to harm. (I am aware that this document is frequently cited to expose that your client’s “expert” reports in mold litigations are junk science; and in rebuttal, that he tries to say the Federal GAO is not an authority. Too funny!)

     In 2015 when ACOEM was forced into stop marketing Veritox’s junk science as an “Evidence Based Medicine” position statement, that was portrayed to be the scientific understanding of thousands of learned physicians — I was given the honor of making the public announcement of it via WorkCompCentral. That article is “ACOEM Takes Down Position Paper Commonly Used to Defend Against Mold Claims”. To quote:

ACOEM representatives did not respond to multiple requests for comment. But Kramer told WorkCompCentral in an interview last week that Michael Hodgson, medical director for the U.S. Occupational Safety and Health Administration, received a statement from ACOEM’s publications director [Marianne Dreger] last year that the organization would sunset the position paper in early 2015. Kramer said the sunsetting that appears to have occurred takes away any weight the paper might hold as a defense against workers’ compensation claims where the claimant is seeking benefits for mold-related illnesses.”

“It was a litigation defense argument right from the get-go,” she said.

     Although Mr. Kelman’s words carry little weight these days and cases settle more easily and $$$ higher for plaintiffs; he still is enabled to regurgitate his junk science when retained as an expert defense witness in U.S. toxic torts — directly because he’s not in jail where he should be for harassing me for years with fraudulent court documents that you are apparently about to start harassing me with, too.

     So, head up. If you are going to harass me with fraudulent court documents for Veritox and Justice McConnell, et.al. then you’re going to have to do it publicly. This letter, the attached criminally backdated court documents and the above referenced videos may be viewed online at the blog “Veritox Means Truth-Poison”. It’s under the blog title, “William Litvak, Esq. are you intending to harass me w/backdated court docs for Veritox’s junk science to linger in U.S. mold litigations? Short link: https://wp.me/p7Yx8Q-fo

Here’s the third reason they hate me so much:

     They (you, if so inclined) can harass me til the cows come home, frame me for libel, jail me for refusing to sign a false confession that begins with the sentence “I do not believe Dr. Kelman committed perjury” and criminally record all kinds of fraudulent and backdated liens on my property. But ya can’t hide the truth!

     Plainly stated, your client Mr. Kelman, is a high-paid, junk-scientist, and a menace to the health of society; and everybody knows it. This includes Justice Judith McConnell — who has been pimping out her court for him and toxic tort defense attorneys who use his blowhard services — via case-fixing his Strategic Litigations Against Public Participation since 2006; and repeatedly refusing make the criminal harassment stop.

     He’s also a bully and a sore loser. Upon receipt of your invalid notice of substitution of counsel, on Friday I sent the following email to Mr. Kelman:

From: Sharon Noonan Kramer <snk1955@aol.com>

To: bkelman <bkelman@veritox.com>

Sent: Fri, May 11, 2018 6:34 pm

Subject: Too funny. Bring it on.

Sorry I’m kicking your hiney left and right in U.S. mold litigations. :) Guess that’s just the way it goes when one lives in a house of cards.

WR,

Mrs. Kramer

     In conclusion, the primary reason I am sending you this letter is to ascertain your true colors right up front. So, please let me know your intent as soon as possible and if you will also be criminally representing the other owners of Veritox as you try to reinstate a fraudulent lien.

     The face of the void judgment and fraudulent, backdated, interest accruing lien that you are apparently going to try to use to reinstate more harassing fraud, also includes the costs that the other owners incurred (even though they lost in trial). Their costs of $3,626,33 were submitted to the court on October 14, 2008 by Mr. Scheuer as being part of Mr. Kelman’s incurred costs in GIN044539.

      GIN044539 is Kelman and GlobalTox v. Kramer. It is not “Kelman v. Kramer” as your substitution of counsel inaccurately states. That case, Kelman v. Kramer (in which Mr. Kelman and Mr. Scheuer also recorded a fraudulent lien on my property) is Case No. 37-2010-00061530-CU-DF-NC.

     They used the same void judgment in that case (that you are about to use to harass me) to feign court subject matter jurisdiction with Judge Nugent (2010-12), Judge Dahlquist (2012-13), and you guessed it! – Justice McConnell (2013-14). Coram non judice = no immunity from prosecution for criminally case-fixing.

       (Attached hereto collectively and EXH 5, EXH 6 and EXH 7 are my October 2015 requests to Mr. Kelman and Justice McConnell asking them to stop harassing me with fraudulent court documents; and the 4th/1st unlawful refusal (again) to recall and rescind the fraudulent and fraud concealing remittitur from GIN044539.)

       If you are going to choose to proceed to criminally harass me with backdated court documents, please correct your substitution of counsel statement to state the right harassing case name and provide an accurate Proof of Service to all parties in the litigation. I don’t know where you think you can have this matter heard, because there is no court in the United States that will knowingly rely on the twice backdated, void judgment from Kelman & GlobalTox v. Kramer for its subject matter jurisdiction. (Except of course, in San Diego)

Sincerely,

Mrs. Sharon Noonan Kramer

CC: Lynchpin criminal case-fixer 4th/1st Administrative Presiding Justice Judith McConnell

Not-even-close-to funny & judicial-abuse-enabler Chief Justice Tani Cantil-Sakayue

[1] VIDEO of the 2/09/17 Appointment of William Dato to the 4th/1st Appellate Court  

 

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