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“I was teasing” – The penny dropped

From: Gary S Gevisser <>
Date: March 30, 2012 10:00:21 AM PDT
To: “Michael Gardiner” <>

Subject: Meet today -Re: The penny dropped – Re: Appellant Gevisser Vs Knuff Appellee


Neither of us still see what offering them peanuts will do. They are coming after our bank accounts. Of course we understand you want to get paid. You know that both of us understand your profession very well, which is why I decided to speed things up a little with Lloyds-De Beers of London insurance, and that documentary will speak loudly and clearly to this game.

Can we meet later today when dropping off copies of what Marie and I received in the mail yesterday, but our landlady only gave it to us this morning?
As you can see they are coming after Marie as well.
They are wanting not only her cash in bank accounts, safety deposit boxes, but the gold she had in her IRA prior to our marriage on April 23, 2003.
Why are we bothering to even spend a penny on this motion since you are telling us that we are basically screwed, and the chances of this motion succeeding remote, and yet you said at the start of the meeting yesterday that you had good news with finding case law involving the Jewish Defense League [JDL] against itself?
On Mar 30, 2012, at 9:19 AM, Michael Gardiner wrote:
I was teasing…and working on my iPad at home which is not conducive to a lengthy explanation.  My intention was to answer the substantive question this morning….which I will do now.
There are several reasons to settle a case for more than you think you owe (which, if I understand your position, is nothing).  One, an important one, is to move on with your life.  If you have access to money to get rid of this thing and it is occupying a significant amount of time and causing stress, settling the case is a way to get rid of all that.  It is a business transaction, like every other one, in which you have the opportunity to buy something of value.
Second, also an important one, fighting this case costs money…money that may buy you nothing.  I think a lot of my own abilities but I have never been under the illusion that I will win every case.  I do, however, expect to be paid.  I cannot promise you with certainty that if you fight you will win…but I can promise you with certainty that if you fight you will incur legal fees.  You are unbelievably unlikely to ever recover those fees.  There is no attorneys fees clause in a contract applicable to this case.  Your only legal means of recourse would be to win the case and then sue and win another case for malicious prosecution.  Malicious prosecution is a disfavored action to begin with and with California’s Anti-SLAPP statute you would be more than likely to actually end up owing THEM fees if you were to bring such an action than you would be to recover.
Third, a very important one, regardless of how certain you are of the ultimate merits of the case, you have a VERY small chance of winning this case given its current posture.   You have made so many mistakes in your attempts to defend this case that you are highly unlikely to ever get back to a point where you can try those merits.  I know that has to be hard to hear…but it is the truth.  You have a Judgment against you in Texas with few if any remaining appellate rights there.  You have a Sister-State Judgment in California having brought two unsuccessful motions to vacate thus possibly rendering your new motion one for reconsideration (which Courts tend to hate).  You did not properly test jurisdiction in Texas but DID appear there…thus possibly barring your only real remaining remedy.
In that light settlement is an opportunity to pay less than you otherwise would.
And DO keep this in mind:  it is VERY unlikely that they will agree to any settlement you would offer at this time.  It is an offer made to set the table for the future.
PS  I was not talking about the penny you left in the Natwest account but the penny you would settle for!  😉
Michael A. Gardiner
110 West “A” Street, Suite 950
San Diego, CA  92101
Phone:  619.238.9800
Fax:  619.814.3727
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From: Gary S Gevisser []
Sent: Friday, March 30, 2012 8:50 AM
To: Michael Gardiner
Cc: Marie Dion Gevisser
Subject: The penny dropped – Re: Appellant Gevisser Vs Knuff Appellee
Marie says, “I thought the purpose of this email was very precise. You have not answered my question, and yes in England they give you English money.”
On Mar 29, 2012, at 7:53 PM, Michael Gardiner wrote:
A penny in UK currency or US currency?

Sent from my iPad

On Mar 29, 2012, at 7:27 PM, Gary S Gevisser <> wrote:

Marie wants to know what is the gain from offering them a settlement of more than a penny? (That is the exact sum of money she had me leave in the Natwest account in England)
We both feel it shows weakness.
We would rather they fight for everything they want to steal from us.
Looking forward to a strong motion.
Bear in mind we are using this to shine the brightest spotlight on the corruption from the bottom to the top.
Begin forwarded message:dirty

From: Gary S Gevisser []
Sent: Sunday, April 24, 2011 12:35 PM
To: David Langford
Subject: Appellant Gevisser Vs Knuff Appellee

David – can you give me exhibit 4 that is referenced on page 24 of the January 21st hearing-trial?
<Gevisser-Exhibit 4.pdf>

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