John Chiv: "Doesn't defamation have to be false?" Judge Tsenin asks Kreis; judgement suspended in his small claims case against me "at this time"

As you read this post and any coverage of this small claims case, keep in mind this summary of former judge Gregory Kreis and this excerpt from the screenshot which is from the Commission on Judicial Performance.

"Judge Kreis engaged in multiple

acts of misconduct. In at least

44 cases over which he presided, Judge Kreis failed to

disclose his relationships with

seven attorneys; his familiarity

with individuals involved in

matters before him; or the

extent of his relationships with

the individuals. The extent and

type of his misconduct was

serious. The commission also

took particularly seriously the

judge's sexual misconduct with

a female acquaintance. The

commission also based the

censure and bar on Judge

Kreis's conduct in treating

attorneys and litigants poorly,

including making inappropriate,

sarcastic, and gratuitous

comments to them."

Judge Kreis's misconduct was

aggravated by prior discipline. In

2018, the commission issued an

advisory letter to Judge Kreis for

intemperate and inappropriate

remarks he made about a

criminal defendant during a

sentencing hearing." CJP

I have documented in previous coverage that I told other media that they are free to get court documents but when a case is ongoing, I prefer to let the court documents speak for themselves. I wouldn't have done this post yet but Gregory Kreis chose to speak to the Lost Coast Outpost first about this case before this hearing and brought up irrelevant matters which are not related to this hearing so I am doing this update on the case.

Kreis refuses to accept certain rulings which Retired and Visting Judge Ksenia Tsenin has made since the first hearing. She has to rule based on law and he is dragging on something that should have concluded months ago. Maybe he has time to waste; I don't.

Judge Tsenin made a ruling today but left it open to submissions. Since there is no court reporter and the court clerks usually record a summary, I have to document every little thing to preserve evidence.

Today, there was a hearing scheduled on my motion to vacate the judgement Retired and Visiting Judge Ksenia Tsenin in the small claims Gregory Kreis case filed against me. It was continued from last week to today because on 1/8/25 Kreis filed a OSC two days before the hearing and served me at the hearing. If he knew the law, a small claims judgement is stayed for 30 days allowing me to file a motion to vacate and file an appeal. I did both which furthers stays the judgement. As usual, he wasted the court's time. I addressed this in the copy of my atgument filed today with a copy of the civil code and this was provided by me to Kreis in court today.

Kreis continues to waste time because he refuses to accept what Judge Tsenin is telling him.

"Doesn't defamation have to be false?" Judge Tsenin asked Kreis. This is a point I have made in my court filings and cited law more than once.

"The reason I did not address the courtroom (post) because it is opinion," said Judge Tsenin. This is another point I first made at the first hearing.

Regarding the photos, the partial judgement that I am asking Judge Tsenin to vacate, she still said it was "malicious but whether it is defamation; that is not what you have pled."

"If it is just the courtroom post, I would rule against you," said Judge Tsenin. "He is talking about feelings."

"At this time, I am suspending judgement," said Judge Tsenin.

Another hearing was scheduled for 2/24/25 and Judge Tsenin is open to motions under submission. They have to be filed a week before. The appeal scheduled for 1/17/25 was vacated and rescheduled for March 3, 2025.

My appeal has been rescheduled. I had to request this from Judge Tsenin to fix what I repeatedly bought up to the clerk when they scheduled the hearing on 12/20/24 and then had to contact Humboldt Superior Court.

The hearing this morning just got over. Lost Coast Outpost's Ryan Burns is doing an article. As I wrote previously, I told him the court documents are sufficient in this case. He contacted Kreis before the hearing who as usual, instead of law, went off on a tangent as he did in court at the very first hearing in this case when North Coast Journal's Thad Greenson was present. Kreis chose to disparage me and personally attack with irrelevant and incorrect information which I can refute with court records. He did that to former Humboldt County Public Defender Rory Kalin, to the Commission on Judicial Performance, to Judge April Van Dyke who defeated him.

Ryan contacted me to see if I wish to respond to what Kreis said; which I appreciate. I gave Ryan permission to publish my text exchange with him if he wishes. Only Ryan was in the courtroom today.

As I told Ryan, this is about more than me. It is the principle. It is the exact thing First Amendment experts told me. They agree the law is on my side. They agree that the complete judgement is in my favor. These are statewide and national experts who deal with freedom of press at a state and national level. I was shocked they returned my calls within minutes and took time to look at paperwork. I have consulted with several top lawyers all over California.

This affects more than me. As someone said to me, "John if they go after you; get a ruling which is not based on law; they could go after other journalists." A local leader said someone else could go after Lost Coast Outpost or other local media.

I am also documenting this and have already bought matters regarding filings and issues with the certain local civil clerks because the public suffers.

This case should never have been filed. It should have been over at the first hearing. I have addressed in today's court filing that there are rules to file motions and about evidence. I am not a lawyer or a former judge.

Kreis seems to think he is still a judge. His arrogance isn't surprising. He comes to court, files paperwork in court two days before hearings, doesn't make copies. I come prepared at every hearing with extra copies in case the Judge needs them or allows some filings. I don't assume. Rules apply to everyone. After making national headlines, embarassing Humboldt and having to resign and never seek judicial office again, who would have the gall to show their face in Humboldt Superior Court?

From a taxpayer and budget perspective, any case Kreis is involved with gets a full Humboldt bench recusal and a Visiting Judge is assigned by the Judicial Council. That costs extra to pay their judge and other expenses of being in Humboldt. I was told by a credible source, every case Kreis is involved with requires extra work because extra precautions have to be taken. The department is already short staffed. I have not been following Kreis' cases. He was removed from his appointment on the Cuevas case and he was appointed on the Christopher Kinnamon case. Those appointments are paid by the County. I have seen him on at least three other cases because I was in court at that time covering other cases or for this small claims hearing. I do not know if he was retained or appointed on those cases because I am not covering them and won't unless there is something newsworthy I learn about later.

I am not going to respond to every lie, misinformation, personal attack by Kreis or anyone else; anonymously or otherwise in other media comment sections or online forums. Just as I didn't about the lies in last election by anonymous insiders and haters with an agenda

I have people who actually know me in real life; and many know Kreis. All I have to say is google Rory Kalin lawsuit and the Commission on Judicial Proceedings. I don't have to defend myself against a man ousted by the voters in an overwheming mandate; a man who had to resign as a judge and agree to never seek judicial office and a man who personally disparaged his opponent who won; has yet to admit he lost the election; a man who is in settlement with his ex wife with a hearing next week scheduled for a request for sanctions. I don't have to defend myself against his petty supporters and Humboldt insiders either.

I have a lot of support in Humboldt, all over California and the readers across country. People communicate me with me directly and privately.

Since Kreis filed this in August 2024, a lot of my time and energy has been used dealing with this instead of work, earning income, dealing with my housing and delaying medical appointments which I waited almost 4 years to schedule.

If you have read my previous coverage; you read have seen the other court documents. I have added in this post the additional argument for the motion to vacate and my response to Kreis' OSC that Judge Tsenin allowed me to file today in court which includes a summary of issues caused by Humboldt Superior Court. One example is Kreis claimed he did not know that I had filed a motion to vacate at the last hearing. I told him what I was told by the clerk and because I come prepared, I had a copy which was served in court. This was not noted by the clerk in the court minutes. I have extensive documentation of bringing this to the attention of Humboldt Superior Court administration. I have also added my motion to vacate and the notice of appeal I filed.

My response to Kreis' OSC: