Gregory Kreis filed a small claims lawsuit against me earlier this year. That hearing took place on 11/8/24. Retired Judge Ksenia Tsenin was assigned to the case. According to Humboldt Superior administration, this was an assignment from the Judicial Council. The entire Humboldt bench does not and cannot hear any case involving Kreis for obvious reasons and a Visiting Judge has to be assigned to every case involving him including cases he is appointed or retained as a lawyer. This costs extra.
Since I am also one of the parties, that is an additional reason for the Humboldt bench to recuse themselves and even without the CA Judicial Council, our current bench members are ethical and would recuse themselves. Which is unfortunate because we have good, fair judges on the current bench.
After the hearing, the Judge gave us both 15 days to file a supplemental response. Kreis did not file a supplemental response after the 11/8 hearing. I did.
Judge Tsenin took the matter under submission and issued a ruling yesterday which must have been entered into e court at the end of the day or this morning. I was prepared for the possibility of any ruling. I am entitled to an appeal of the ruling and the first thing I am going to do is go talk to my attorneys. I am not going to say everything I want about the ruling other than that Judge Tsenin did not grant the prior restraint. That part was a win for me. The burden of proof was not on me; it was on Kreis. He submitted a claim and two articles. His argument in court was whining about me.
Any lawyer worth their salt would know that they could not get prior restraint and I address that in what I filed. Kreis is lawyer and a former judge.
Kreis was upset in court when he saw he couldn't get the prior restraint. He whined more and said he was only asking for a dollar and Judge Tsenin said by law that she was limited by relief she was allowed to grant in this case by law. She did not say anything about libel or damages on 11/8/24. I had requested a court reporter for this very reason. There was no court reporter but the proceeding was recorded.
Regarding the part of her ruling that Judge Tsenin granted for Kreis, I am going to appeal. I remember distinctly what Judge Tsenin said about giving him the $1 and "all this would go away." She mentioned isn't this just opinion and said nothing in court that day about libel. So what changed between 11/8/24 and 12/11/24?
I am sure Kreis and his buddies will run to North Coast Journal's Thad now. Other local media can also publish whatever they want. No one except Thad was at the 11/8/24 hearing. No other media was at the hearing. Thad and the other media don't have the documentation I have in prepping for the case or complete information.
My readers know me and the community knows me. The community also has their own experiences with Humboldt Superior Court and Kreis.
I wanted to get the ruling posted today and the court documents I filed for people to read themselves. I have already spoken to several attorneys who have already looked at all the paperwork and Judge Tsenin's ruling. I have already received feedback about the ruling from the legal community all over California including people who have had experience with Judge Tsenin in other courts in California. She gave a cryptic deadline without an actual date for the supplemental responses on 11/8/24 and now some of the ruling is vague. Kreis only submitted two articles; one in his original filing and one he added later before the hearing and color copies of those at the court hearing. Which article? Which image? The two images he referred to in court; one is a "wedding photo" of him and Tanya Ellis which was all over social media. The other picture of him wearing the yellow "top" on the boat which was the incident of former Deputy Public Defender Rory Kalin's lawsuit has been published by other media and circulated online.
I have observed Humboldt Superior Court judges and other Visiting Judges handle all sorts of cases including small claims over several years. And how they treat pro per clients.
The observations on Kreis' filings and Judge Tsenin's ruling is not just my opinion but that of successful lawyers who do this for a living in Humboldt and California.
Again, I am not going to neccessarily post everything I want to say because of future legal options. My priority is to take care of what I need to do today and my business. I am waiting to see when I receive the copy of the actual ruling supposedly mailed to me. I just happened to check it in e court and that does not count.
I have included my answer to Kreis' allegations in the small claims he filed against me and a post trial brief. Judge Tsenin has been specially assigned to cases Kreis has as an attorney. She is in Humboldt being paid as an assignment from the CA Judicial Council. Now, she is also regularly coming up to Humbodt as a Visiting Judge.
I have observed Judge Tsenin in court on several cases now including cases in which Kreis is an attorney and how she treats him as well and others. I paid attention to what Judge Tsenin said in court throughout the hearing and one particular remark she made at the end.
Unless someone lives under a rock, Judge Tsenin and every California judge knows about the Commission on Judicial Proceedings filings against Kreis; 21 allegations against him and once he settled and made the deal with the CJP, which counts were dismissed, what Kreis stipulated to and the final decision. All that is public record. Does character and credibility not matter if it is a former judge or lawyer? Especially a former judge removed from the bench by an overwheming mandate by the voters despite being the incumbent and the endorsements by the Humboldt connected.
I have kept documentation prior to the hearing, observations I made during this small claims hearing and after the hearing. I discussed all those observations with four attorneys I consulted with before and right after the hearing as well some conversations with other attorneys. Regarding costs awarded, I brought up several issues during the hearing and documented in emails and my blog and Judge Tsenin, Humboldt Superior Court and Kreis are aware how those were handled at the 11/8/24 hearing. I had to document every little thing including every denial of what I needed.
I did this based on how I see pro per cases are handled in Humboldt Superior Court. I did this based on how the justice system works nationwide and in a small county such as Humboldt. Who the parties are matters. I have written about others getting a fair trial in Humboldt.
Judges are not perfect. Rulings do get reversed.
Former Deputy Public Defender Rory Kalin is appealing Mendocino Judge Ann Moorman's decision as he should. I am going to appeal Retired Judge Ksenia Tsenin's decision. I have to receive the order first, as required by law. I have to receive the entry of judgement which wasn't even entered until 12/12/24.
Both these cases in favor of Kreis and his buddies; the small claims case he filed against me and the lawsuit filed by former Deputy Public Defender Rory Kalin against him, his codefendants, former Public Defender Marek Reavis and current Public Defender Luke Brownfield , were heard in Humboldt Superior Court. Kreis settled with Kalin. The lawsuit against Reavis and Brownfield was dismissed by Judge Moorman.
Kreis did not get his way with the CJP. He settled and made a deal. This is public record on the CJP website. What happens with his family law case in Sonoma Superior Court remains to be seen. There is a settlement conference scheduled in that case.
Judge Tsenin's ruling:
My post trial brief:
My original answer to Kreis' allegations:
When I first mentioned and showed what Kreis had filed to a few people I trust; lawyers and non lawyers laughed. This was not just in Humboldt or California but out of state.
When I first drafted my responses; they were good but they had emotion. Given my history with Kreis that is to be expected. Fortunately, I happen to know a few excellent civil lawyers who know what I went through and am still going through but are professional and were able to give objective feedback about my drafts. Their suggestions allowed me to keep the content but focus on the law and streamline my presentation.
Many people say they have my back, express outrage at how I am treated by the weak haters of Humboldt but when it comes down to action; I know who I can count on. It is always the same people.
Kreis did this to me at one of the busiest time with news and court cases, while I am struggling with the local health care system and trying to lift myself out of housing and financial challenges caused by retaliation for this blog, ungrateful users and petty people in Humboldt. This further impacted my ability to earn income for months and cost me the money I make needed to survive. It affected my ability to check on, cover and update court cases. For months, my time was wasted. And, I have to go through it, once again.
While all this is going on, I have mentally ill defendants, abusive trolls and miserable haters and attack me daily. My physical safety is a daily and constant challenge in Humboldt because people recognize me.
I had to spend money I needed for food and health and basic needs to deal with costs and time wasted because a petty, little, thin skinned man misused the legal system to bully me.
At the 11/8/24 hearing, the only two people in the audience were Tanya Ellis, Kreis' significant other who works for Humboldt Superior Court and North Coast Journal's Thad Greenson. There were certain people at the courthouse smirking that morning. After the 11/8/12 hearing and following that hearing, their crestfallen faces and the rude viper like behavior from some said it all. Some of these nasty people are Kreis' buddies, supporters and endorsers. Within minutes of the hearing, I heard from someone in the community who is not connected to the legal community in any way that, "the feeling certain people had going into the courtroom is not how they felt leaving."
Kreis' significant other in charge of self help which further limits my options to seek help. Kreis has a lot of buddies, supporters and endorsers working in Humboldt Superior Court and at HCSO. I had to find other options to serve him. Two of the Humboldt County Supervisors who I regularly call out on my blog endorsed him.
Thad hardly comes to court. Based on my observations at the courthouse, Thad's coverage when he worked for the Times-Standard and now NCJ, on the rare occasion Thad has covered anything related to court, it often involves the Public Defender's office. Thad is quite chummy with Public Defender Luke Brownfield, an endorser and friend of Kreis' as well as Kreis endorser, former Humboldt DA Paul Gallegos.
Most readers know I covered Kreis for years, including information in real time that was in and corroborated by the California Commission on Judicial Performance filing of formal proceedings.
Most other local media reluctantly covered the Kreis notice of formal proceedings filed by the Commission on Judicial Performance and some only did so after it made regional and national news. Many people spoke up and called out other local media for their lack of coverage.
Related posts:
https://johnchiv.blogspot.com/2024/09/kreis-endorser-sgt-comer-says-service.html?m=1
https://johnchiv.blogspot.com/2024/09/the-county-pays-kreis-for-cases-he-is.html?m=1
https://johnchiv.blogspot.com/2024/09/gregory-kreis-ordered-to-information.html?m=1
https://johnchiv.blogspot.com/2024/10/gregory-kreis-was-appointed-to-at-least.html?m=1
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