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Town Manager Nuaimi Threatens Lawsuit on Blog

By   /   April 19, 2013  /   19 Comments

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12-angry-men Yucca Valley, Ca.- Movie Script Draft.

ACT TWO:

Dark set. Fade-in to jury seated in box. Pan to attorney for defendant, Citizen Dave Peach.

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“Ladies and Gentlemen of the Jury,
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This is another frivolous lawsuit by Mr. Mark Nuaimi which he threatened against Morongo Basin citizen, David Peach, on the local newspaper, Hi-Desert Star.
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I submit to you Mark N. Nuaimi has been politically active for some time and continues to do so in his position as town manager. You  have read his comments on blogs over several years in earlier discovery and I have provided you with a copy of his Form 700 Statement of Economic Interests. He has been the Mayor of Fontana, Assistant City manager of Colton and now the town manager of Yucca Valley. I submit to you because he has also inserted himself into local political discussions and events, Mr. Nuaimi is indeed a Public Person and has no grounds for his lawsuit.
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(Camera One-Judge nodding head in agreement)
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“Mr. Nuaimi’s $1,000.00 donation and photo-ops caused his insertion into the Measure U controversy as a proponent which violated his membership bylaws with a city management association. These documents will be provided for your deliberations.
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I submit to you, Mr. Nuaimi has inserted himself into a public whirlwind and as such can be considered a vortex public person. Limited in scope but a public person indeed. While I understand your concern about his address and personal information being made available to the public, in this modern day, one only has to Google a name to have access.  Photographs and images are found on the internet and often available on Facebook in public mode that gives the impression he is a Public Person.”
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(Camera Three pan to Nuaimi)
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The attorney then turns to Mr. Nuaimi who is busy texting on his IPad and says,
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” You post comments on political and community concerns, and have commented on several blogs all of which means you have inserted yourself into public controversy and as such have become a “Vortex” Public Person. I submit, Sir, this lawsuit is a complete waste of public funds and a display of bad judgement on your part.”
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(Camera Three pan back to attorney)
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“You Sir, should be fired as the town Manager of Yucca Valley. I rest my case!”
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Fade to black.
.

 

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About the author

Margo Sturges

Yucca Valley Editor

Note: Margo Sturges has written many articles for Cactus Thorns and is the founder of Citizens4Change.info. Email contact: MargoSturgesYV(at)aol.com "In a time of universal deceit, telling the truth becomes a revolutionary act."- George Orwell

19 Comments

  1. Damn Dawgers Damn Dawgers says:

    This is a sad way for a town manager to be acting now isn’t it? Threatening a law suit in a blog. Just another way to be spending the town’s funds? Reminds me of a dog issue he spent a lot on. I attended my first town council meeting the other night, I couldn’t have been more disappointed then if I showed up at my own funeral and I wasn’t there!
    Here’s Nuaimi sitting behind the desk in exactly the same shirt n tie he had on at the last meeting, Isn’t he making enough money now to be able to at least have another shirt to wear? I can now see why we citizens don’t get anything resolved, they don’t care bout us, we have 3 minutes to state your gripe, hell by the time you state your name and what its about 1/2 your time is already gone. How can anything be resolved if your not even allowed to get it all out in the open in front of the council? What a joke!
    Respectfully, damn dawgers.

  2. Unequivocally, Mr. Nuaimi is a public person.

    Thus, courts apply the malice standard under New York Times vs. Sullivan and the Gertz v. Robert Welch. The traditional standard for libel is publishing something with reckless disregard for the truth.

    Given the fact that Nuaimi has thrust himself into the fray of community debate on the TRAIL’s online version, Nuaimi would have to overcome another hurdle: that he has ample opportunity to set the record straight or rebut the allegations.

    Bloggers have opened-up this avenue of free speech on the internet, and courts have commented that if you chose to enter into debate on hyperlocal blogs, libel is even more difficult to prove libel because you have a forum for discussion.

    Or something like that…

  3. BIG JOHN V BIG JOHN V says:

    We sure don’t need a guy like this….

  4. Big John V. — what’s interesting is that when Nuaimi’s suit was tossed out out of court for a number of challenges, David Peach would have a cause of action against Nuaimi for the the tort of abuse of process. Being a public figure wouldn’t help Nuaimi’s defense of abuse of process.

  5. Truth IS stranger than fiction-This movie script draft is based on actual events unfolding on the Hi-Desert Star blog. Dave Peach made the comment to Nuaimi, “Make my day” and reminded him the subpoena process would be, “personally ecstatic and very widely therapeutic.”

    In a future post, I will reveal Nuaimi’s pathetic email plea to the Hi Desert Star to do something about comments about him and singled out Mr. Peach.

    @Nuaimi, it is called freedom of speech. While you did not serve ONE day in our military service, I can assure you others were out there defending our country and our rights…including Dave Peach, Branson Hunter, Steve Spear, Dan O’Brien and many others that served before them.

  6. Damn Dawgers Damn Dawgers says:

    I don’t know bout you, but I have mostly been impressed by Dave’s words. Although I have to admit sometimes I didn’t understand them, but I respected them. Now if Nuaimi wouldn’t keep messing up, he wouldn’t be being bad mouthed all the time, but that’s not the case!
    I too am a Viet Nam vet, I’m taking odds on who you’d think would win this court thing? My bet’s on Dave!
    Goooood Moooorrrnnniinngg Yucca!!!
    Respectfully, damn dawgers.

  7. Raging Coyote Raging Coyote says:

    I hope Mark doesn’t follow through with his threat. Even if he has a case that shows clear malice and intent to harm his reputation and character. There are bigger issues to deal with than getting involved in a lawsuit with pitiful internet trolls.

  8. RescueGuy RescueGuy says:

    What happened to this blog? What a clusterf**k! LOL. Nice revamp Dan! You da Man!

    Oh and sue Margo… best traction for slander and libel and being a dumb-ass.

    • Dan OBrien Dan OBrien says:

      Welcome back Jay….. Where you been?

      • RescueGuy RescueGuy says:

        Unlike you Dan, I actually have a job. Maybe you should try it sometime instead of being a a bloated sponge feeding off of the taxpayers of this Nation.

        New format blows. I hope you didn’t spend much time on it.

        • Dan OBrien Dan OBrien says:

          Wow… testy little fellow ain’t you?

          • Dan OBrien Dan OBrien says:

            And by the way…. I am sorry the new format confuses you…. They assured me that anyone with a IQ of over 80 would learn to like the new format.

            • Raging Coyote Raging Coyote says:

              The new layout has caused Firefox to crash here about ten times so far.. usually when clicking forward on story links. As far as the layout goes.. I prefer the KISS principle and this new layout does not conform. It’s unnecessarily busy, disjointed and heavy. Something like this might be fine for a 13 year old with adhd but not for me..sorry.

            • Dan OBrien Dan OBrien says:

              Well I certainly thank you for your input, RC.

              We’ve had a marked increase in traffic since the format change. I don’t know if that is that we’ve cornered the market on 13 year olds or not but we have added 30% more single story reads and 20% more front page reads.
              I am inclined to give the new format a couple of weeks, then commit a poll of the users to see if they like it.

            • No offence intended dan, but the new format is inferior to the perfect format Cactus Thorns has used for a long while. It’s overkill. not user friendly and I’m sure people are having a difficult time hunting for the dashboard.

              I spend no less than four hours early each day surfing the net and I am familar with all kinds of internet sights. I loath the new format .

              Just my opinion, I’m only one user and reader.

            • Dan OBrien Dan OBrien says:

              None taken….. Not much I can do about the loss of the old theme…. the guy screwed it up FUBAR and it will not work. If he will fix the theme I’ll return to the theme.

              Our friend Larry has given his seal of approval so has most everyone else I have been in contact with.

              I don’t want to spend too much time on reprogramming as it bothers RescueGuy. So we will have to live with this for a while.

  9. RescueGuy RescueGuy says:

    Format sucks and altering my profile with homophobic slurs sucks too. Grow up as swipe.

  10. LINDAG LINDAG says:

    Not a fan of the new format either……….

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