Daniel A. Bernath; disorder in the court

There was a court hearing on September 12th, this last in the County of
Multnomah, State of Oregon in regards to a mountain of legal motions. I wish that I could have been there to see it live, but circumstances precluded it, so I’ve spent a few hours pouring over the transcript of the proceedings. I’m sure that it was better live, but this will suffice. The victims, or their lawyers were finally able to face their accuser – the terrorist Daniel A. Bernath – and he danced like a monkey for their entertainment. Even though the judge didn’t seem amused;

THE COURT: And in that regard, Mr. Bernath, just a word of caution, and that is that it’s never appropriate to treat opposing counsel the way that you did in your exchange with Ms. Kalin.
That has nothing to do with the reason that I granted the motion. I’m perfectly capable of setting my concerns about unprofessional conduct aside and ruling on the merits, but what I read in that email is just atrocious, and especially making the comments you did about female lawyers is so inappropriate, and so way over then line. Don’t do it again. Do you understand that?
MR. BERNATH: I do, but that’s my view of female lawyers.
THE COURT: Okay.
MR. BERNATH: [Indiscernible].
THE COURT: Do I need to say it again?
MR. BERNATH: [Indiscernible] again but that —
THE COURT: Thank you.
MR. BERNATH: I’ve never been able to —
THE COURT: Thank you.
MR. BERNATH: — make a deal with a female
lawyer.
THE COURT: Do not, don’t do it again. It’s
not appropriate. Life’s too short to be making barbs like that at the person that you’re dealing with in litigation. Don’t do it.

So what email exchange was the judge talking about? This one;

From: Daniel Bernath ussyorktowncvs10@yahoo.com
Subject: Poop puke hallucinating. Entering Bangkok hospital
Date: July 2, 2014 at 9:49:37 PM PDT
To:

I have either degue fever or similar or food poisoning. Hospital in Bangkok
I am too weak and brain stressed to function. This also will be in my ex parte motion to expand time

From: danielabernath ussyorktowncvs10@yahoo.com
Subject: Re: Motion to Dismiss
Date: July 6, 2014 at 5:53:59 AM PDT
To:

That’s it? The big M? You be getting plenty of details about his tort feasting in Oregon. NASA is a defendant and we can expect removal soon
2nd amend. C on the way. I’m demanding $15m and will pursue this case against your client, American Legion and all the other sadist murderers to jury verdict only, hon. Bam
Bangkok doesn’t make a big deal of the 4th of July by the way.

From: Daniel Bernath ussyorktowncvs10@yahoo.com
Subject: Re: hello from atty Bernath
Date: July 1, 2014 at 11:21:31 PM PDT
To:

You have misreprsented what I said. What is it with you girl lawyers.
You alwasy act like you are mad at the world,sitting on the e?ge of your seat and with an inferiority cmples.
A Daddy doesn’t love me thing, perhaps.
Look Hon, as i TOLD YOU I AM TAKING A DEPOSITION THIS CASE AND AND NOT AVAILABLE ON EITHER DAY.
I BÊ INQUIRING OF THE DEPONENENT ABOUT HOW YOUR CLIENT IS THDEFEFENDADANT.

Sorry to have to should but holy smoke, why ?o you have to lie.

I will oppose your motion and you are wastingyour clients money.

Yes, he is an asshole and he probably has a Mommy problem, which seems to afflict the other two Lemon Party Triad members, too.

Anyway, my lawyer takes on the “bush shaking” issue;

In March of this year, Mr. Bernath obtained a restraining order in Washington County Circuit Court and swore out in his declaration that Mr. Lilyea was knocking on his door, hiding in the bushes — or I rephrase. His declaration, that Mr. Lilyea was menacing him; his testimony on the restraining order hearing is that Mr. Lilyea was knocking on the door, hiding in the bushes.

Two problems with that: One is that he, in the hearing, propounded evidence and put dates on which this occurred. The dates on which — one of the dates dates on which this conduct allegedly occurred was after the restraining order was issued in Washington County Circuit Court, and it happened to be on a day where Mr. Lilyea was attending a medal of honor ceremony in the White House.

And Mr. Bernath was kind enough to submit in his evidence a photograph of Mr. Lilyea and President Obama in the White House on the day he was allegedly knocking on Mr. Bernath’s door in Tigard and hiding in the bushes. And Mr. Lilyea does not leave his home but for in a wheelchair, so it would have been particularly difficult to knock on his door and hide in the bushes.

I do have long arms, but they don’t reach from the White House to some alleged bushes in someone’s alleged yard in Oregon.

Remember how we’ve been telling you that Bernath has included people in his “counter suit” who have never heard of TAH? Well, my lawyer continues;

Electric Power Systems is a client of ours. There’s a declaration that says Electric Power Systems does business in Oregon, or at least there’s some submission there that may or may not have been made by Mr. Bernath.

Electric Power Systems that he refers to in his is not the document that we have — it’s not the client that is named in this case. So those are who our clients are. I bring that up specifically because my clients —

THE COURT: Wait. With Electric Power, so what you’re saying essentially is he’s got the wrong party?

MR. BOUTIN: Got the wrong party, which apparently doesn’t make any difference to Mr. Bernath, but there you have it.

*****

MR. BOUTIN: All right. I have had conversation with the risk management officer at St. Elizabeth Hospital in Kentucky. Their concern is that they have received —

THE COURT: Are they one of your clients?

MR. BOUTIN: Not at this point.

THE COURT: Are they a defendant?

MR. BOUTIN: They don’t know.

THE COURT: Oh, okay.

MR. BOUTIN: They tell me that they have received a summons, as I have personally received a summons. Mr. Hodson is — or, excuse me, Your Honor. Mr. Hood is here today as counsel for me. The motion to dismiss the case as to me is one of the cases that — or one of the motions that’s going to be heard on October 3rd. And, as has my law firm been served with a summons in this case, so again, Mr. Hood is representing me and my law firm.

St. Elizabeth’s Hospital is in the same boat. They have received something that looks like a summons, but they have not been able to go through the 166 pages and see where there’s actually anything that says they did anything, other than employ this guy who doesn’t know anything about This Ain’t Hell or Dan Bernath or any of the rest of it, and does not know who is in Oklahoma who actually would post on [indiscernible] on the website. So —

THE COURT: You’re not arguing on their behalf today?

MR. BOUTIN: Not arguing on their behalf, although it’s just — it’s the same fact, that there’s nothing in the 166 pages that has my name. And Mr. Bernath has filed pleadings that say — well, at least he’s given us pleadings, or what appear to be pleadings, that say, there will be next time around. But it comes back to the 21A (8) motion and the motion to dismiss with prejudice.

And then there’s even people who the super-sleuths can’t identify, nor are they very interested in identifying, just so long as someone shows up in court;

I would submit that looking up HMCS(FMF) on Linked In is not a reasonable inquiry under the circumstances, partly because I just did that on the break and I came up with 11 different people who use that title in their Linked In profiles.

I also attached, I believe it’s Exhibit C to my declaration, an Internet search of multiple individuals using that title. So that in and of itself is not a sufficient reasonable inquiry that entitled him to sue my client to begin with.

Secondly, Mr. Bernath has understood and known about Mr. Thomas’s position and he’s got the wrong person since at least the 11th of June, 2014. That date comes from the first communication I sent to him on this topic, which was a letter asking for him to voluntarily dismiss because he had the wrong person, and attaching much of the evidence I attached to my reply brief.
That’s three months. I haven’t gotten any discovery on this topic at all, so, you know, he has had an opportunity to [indiscernible] some discovery, he hasn’t done so.

There’s more comedy gold in the transcript, but I’ll hold off on it. Things like one defendant who has never been served, but Bernath says that they have – but some clerk somewhere didn’t do the report, even though Old Scatterbrains can’t find his receipt for the service either. He whines and moans about some huge conspiracy to “get Bernath” between all of these government and non-governmental agencies, as if he some sort of threat to national security. He denies that he was ever suspended by the California Bar, so I guess he’s never seen this from the Oregon Supreme Court.

He says that he doesn’t know where the photoshopped image of him on another sailor’s uniform came from and that the only place that it’s ever been posted is on TAH. Well, here and a web page entitled “Bernath Resume”;

Of course, Bernath claims that he doesn’t know who owns that website. WhoIs knows, though;

And the “CPO” claim has been removed from the picture, finally. I would post the entire transcript, but I’m sure only a few would go through the 176 pages. Maybe some night, when none of you can sleep.

Category: Bernath