So before you hear it from anyone else, the judge in the trial de novo ruled in favor of Kreis on one article, what he denied is equally important

 

Today was the trial de novo hearing which was my appeal of Retired Judge Ksenia Tesinin's ruling in the small claims case Gregory Kreis filed against me last August. 

Retired Judge Frederick Horn denied Kreis' request to question me on the witness stand. He said he would not allow it in a small claims case. Kreis did ask me some questions later but we were both seated at the counsel table.

Kreis submitted two articles. Horn asked me to take one of them down by the end of the day. It the August 6, 2024 post which includes the photo of Kreis and his wife. I took that down as of 11:45 a.m. today.  When the judge asked me when I could take the article down, I had to give him a deadline. 

The article raised valid questions based on my court reporting on issues and I could corroborate with emails and court records but the judge had issued a deadline despite me mentioning why I used the two words.

From the judge's comments, what worked against me was the two words I said about Kreis being a narcissistic prick. Judge Horn said something to the effect that the wedding photo itself wasn't troublesome.  I argued the narcissistic prick was opinion and explained what it was based on but Judge Horn wouldn't budge.

Other lawyers and First Amendment experts all agree that narcisstic prick is an opinion.

The judge believed me about the second article because he did not mention the article about me being threatened. He referred to only one article about the narcissistic prick in his ruling. I am waiting on the judgement. Judge Horn just listened when I mentioned that one of the cases Kreis cited in his brief included a statement that statements of opinion are not actionable in CA law.

The judge said $1. I am the one who reminded him that I also have to pay costs because Kreis requested that given his ruling. This is money I need for food or rent. This money is addition to costs I incurred, work I could not do.

I still have legal options. The actual judgement has not been entered yet or mailed to me. I have added the court minutes. According to CA law, I have 30 days since the judgement is mailed to pay unless I take advantage of legal options. As of 6/10/25, I have still not received the notice of entry of judgement. It shows pending in e court and Judge Horn has not signed it. It was finally signed on 6/12. This is the first page.

I filed all my paperwork on time. As of 6/5, Kreis has not even filed a proof of service.

First Amendment Coalition's David Loy is one of the experts who I have spoken before had wanted me to update him. I spoke with him this afternoon,"There is the law on paper. And there is reality. Judges are human. They get it right 80% or 90% of the time."

Kreis did not get all he wanted with Retired Judge Tsenin and he did not get all he wanted with Judge Horn. I wrote in my trial de novo filing. "Mr. Kreis chose to include two articles out of hundreds I have written on him." I also wrote. "A judge is entitled to his or her opinion. It does not change the law." 

I disagree with Judge Horn about his ruling about the narcissistic prick statement. That is opinion and not actionable. That is the same article that Judge Tsenin mentioned except as noted above, Judge Horn did not find the photo itself troublesome.

No one was in the court except Kreis' wife Tanya Ellis.

I want to thank Ms. Heidi Wells for her truthful testimony. She corroborated my version that Kreis said something to me and  that I had no reaction.

She is well respected in the local community. Ms. Wells is a former colleague of Mr. Kreis. She did the honorable thing today. That is grace.

Kreis and some others can wallow in what they think is their "victory." Compared to what Kreis requested and what he got; is it a "win"?

They can say whatever they want.  I know the support I have in the community. Even my former critics which include commenters on other sites and some lawyers have expressed support. I have already received support from several lawyers and the community before and after the post. 

Nothing will change the Commission on Judicial Performance decision on Kreis. I have written hundreds of articles on Kreis. Nothing will change the fact that Kreis lost the election by an overwheming margin.

From covering court, I know judges rarely overturn another judge's ruling. I was prepared for this possibility. 

Would the rulings been different if Kreis was not a former judge and an attorney? There is no way to know if that was a factor but that is something both judges who presided over this small claims case know. They were assigned by the California Judicial Council and there was a full Humboldt bench recusal in the case. To my knowledge, there has not been a case in Humboldt Superior Court involving a reporter who covered a former judge. 

Kreis left the courtroom first after the ruling. I left a couple of minutes later. I do not know when Ellis left the courtroom. 

I did my research on the first judge they assigned to the trial de novo and filed the one disqualification I get. Judge Horn has served on the Commission on Judicial Performance. 

I chose to focus on the many people who support me. Every day the smiles even from strangers and people thanking me for speaking the truth increase. Even one of my neighbors Vanessa Vachon, who is one of the two plaintiffs in the Hillsdale lawsuit I have covered, is friendly. That is grace.

I am not linking all the previous posts on this lawsuit. Regular readers already know the information. Anyone else can use the search feature on the blog.