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Jim Gilchrist Further Defames Self - Files Defamation Lawsuits Against Enforcement Proponents

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Well, well, well how far do you have to go to totally make yourself look like an ass? Back in September, 2005 I supported Jim Gilchrist's run for congress. Since that time I covered numerous of his appearances. The man was so outspoken that I devoted a whole category of coverage just to him in the James Gilchrist Archives.

At the time he was a leader in the movement, spurring the formation of the Minuteman Project. Some in the movement who don't pay attention may still view him in that light, but let me clue you into a few things that have happened since then behind the scenes that you may not be familiar with. And trust me I have been more than fair in giving Gilchrist the benefit of the doubt throughout all of this, but enough is enough and the truth needs to be stated.

First of all there was a struggle for power of the Minuteman Project as Gilchrist was charged with allegedly embezzling funds or fraud or somesuch, I'm not exactly certain on all of that. The project was wrested from his hands by people who were watching what he was doing. At the time I said nothing not wanting to get involved and not having all the facts. Since then Gilchrist has been erratic. He's been sending out hate mail to leaders in the movement and those who cover illegal immigration on a daily basis and are actively in the fight for the sovereignty of our country.

Gilchrist then went on to make the strange move of endorsing Mike Huckabee for president. Huckabee of course is a pro illegal alien supporter as demonstrated by his actions as governor of Arkansas. There was a gasp throughout the enforcement movement at this very weird action by a man formerly respected by many. The motivation of the endorsement seems to be money or power, nobody is quite sure. He then went on to make appearances with Huckabee touting his stance on immigration as security first.

Those in the movement who questioned him were lambasted with hateful emails from Jim Gilchrist calling them traitors and people who don't really care about illegal immigration or this country. Basically he was saying people like myself are in it for ulterior motives, when it was clear that the only one with ulterior motives was Gilchrist himself. Gilchrist himself has not actively set up a rally or covered illegal immigration for a long time. All of the rallies he has spoken at recently were organized by others - with their own time and money - with him just showing up to appear. yet these same people he then calls traitors.

Just days ago Gilchrist went out to the border where Minuteman volunteers were patrolling the southern border and brought a news crew with him. These men and women have been out there for 2 years as volunteers watching the border, all while Gilchrist was off doing other things and promoting himself. I personally am not sure how much time Gilchrist has actually spent on the border, but it surely wasn't as long as these true patriots. These patriots were not happy to see him show up. Watch the video below to see how Gilchrist was received and how Gilchrist reacts to the patriots questioning his lack of physical presence.

So now Gilchrist has totally alienated himself from everyone in the movement except the few who still seem to have blinders on and in a desperate act to blame others, Gilchrist has now decided to file a defamation lawsuit against 100 patriots in the movement that he claims have damaged his reputation.

On April 16, 2008 the first of the summons for the lawsuits were received by Brook Young of Immigration Watchdog, Chelene Nightingale of Save Our State, Barbara Coe of CCIR, Minuteman Project Treasurer Deborah Courtney, and Minuteman Project President Marvin Stewart.

In the summons, of which you can find at this entry at Immigration Watchdog (Website is no longer active), it is noted below the individuals named above an additional "and Does 1-100 inclusive". These are people in the movement he has not tracked down yet that have spoken bad about him or pointed out truths about him that they disagree with.

I contest that the only defamation that has occurred against Jim Gilchrist has been done by Jim Gilchrist himself. If you run around acting like an ass to people who believed in you, if you allegedly embezzle funds, if you endorse people who are against everything you say you believe in for your own self interests, you will lose your reputation by your own hand.

It really is a shame, as I at one time felt that Gilchrist was a good man trying to do right by this country. It has now become increasingly clear that this is not the case. I will be awaiting my summons from Gilchrist for pointing out the obvious and for at one time being a supporter of his, because those are the people he has singled out to attack directly and financially with this frivolous lawsuit.

There is much more on Gilchrist and this lawsuit and commentary over at Brook Young's website Immigration Watchdog (Defunct). Be sure to check it out as I don't have even half of what Brook has on this traitor to the enforcement movement.

You can also support the individuals currently named for their defense. (I'll try to get the remaining defendants donation info)

(These lawsuits are done - case was thrown out)

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Posted by Digger on April 18, 2008 04:32 PM (Permalink)

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Dear Diggers Realm,

Hanging the innocent is not the pathway to truth or justice. Your nonsensical tirades attempting to convince a naive audience of a couple dozen internet groupies that the world is flat and that square pegs fit into round holes compromises your credibility and integrity.

We are nation of laws and those laws apply universally not only to illegal aliens but also to U.S. citizens who violate those laws.

The Minuteman Project will not associate with witch hunters, racists, law breakers, or those who make an earnest market in hanging the innocent. The support of Diggers Realm is neither needed nor wanted.

The Minuteman Project will continue bringing national awareness to the illegal alien invasion of the United States with or without the sinister interference of those who spend all of their time attempting to disrupt the minuteman movement. How does the deliberate and ignorant braodcasting of lies and propaganda about minutemen and women move the illegal immigration forward in a respectable manner?
Hint: It doesn't.

Jim Gilchrist, Founder and President, the Minuteman Project

Posted by: Jim Gilchrist on April 19, 2008 02:03 PM

Jim, I'm going to continue to speak truthfully about your scams. Frankly, the really shocking stuff has yet to be revealed, because I want it told on video by the parties involved. These are people that EVERYONE in the anti-illegal immigration movement are familiar with. Their names are mentioned almost daily for the past year or so. When the public hears what you have done to them, they will be sickened to death. You need to go back under the rock you crawled out of. You're a morally repulsive mentally ill con man and habitual liar. Go and hide before it get really bad for you.

Posted by: Brook on April 19, 2008 09:50 PM

Wow. I really think Gilcrist is a paranoid shizophrenic! He thinks everybody's out to get him when actuality, if so many people have the same opinion of him, he ought to wake up and wonder WHY that would be. Actions speak louder than words, or lack of action. His endorsement of the Huckster (Huckabee) said it all for me...Huckabee's record is pro illegal, pro open borders and as most of you probably know he got the Mexican Consulate to come to Little Rock so when the illegals are arrested they'll be able to get help quickly through the Consulate. The state of Arkansas charges them a whopping $1.00 a year for rent. Huckabee is a fraud and a liar and anyone in the "movement" who'd endorse him must be of like mind. How sad.

Posted by: April on April 19, 2008 10:32 PM

Wow, I wanted to comment on the fact that in the video he immediately starts slandering the man with the moustache and then calls him "racist." That is a half-baked tactic of folks on the other side.

But reading his letter to you makes it even worse. He must be mentally ill. All of us who read your blog know your reporting is great. He slanders you, and us, broadly, vehemently and without substance in every paragraph. Its like he wants to be hated. Very strange, sad and destructive. I kind of feel sorry for the man.


Posted by: John on April 21, 2008 06:42 AM

Jim Gilchrist.. where to begin. I came onto the illegal immigration scene right about the time that Simcox and Gilchrist had their falling out. I did not know the paths had separated. I tried to sign up with MM and ended up on Jim's MMP website. I was unable to successfully sign up and then I found Simcox's site and realized they were two different things. A couple of months later I find out that Jim Gilchrist's MMP web site got hacked and several names and addresses of people who signed up were posted on an Indymedia web site by said hacker. How nice. That is about the only thing I got from Jim Gilchrist. My name and address posted a MinuteKlan Scum on an Indymedia web site.

Never did I get an apology for this breach of my information.

Since that time I have watched developments with interest - not sure of the facts but now it has become crystal clear. The evidence against Jim is impossible to deny and it is very sad to see a person make such poor choices and end up like this.

Jim Gilchrist attacks anyone who dares to question him and in so doing, creates even more enemies. The cycle will never stop Jim until you admit your mistakes and transgressions against those in the movement who are actually doing something to effect change.

Case in point - Jim Gilchrist had ZERO participation in the shutting down of the 2007 Amnesty legislation. He had absolutely zero impact yet the people he is attacking did actually have an impact on stopping that "comprehensive" immigration reform - aka amnesty.

One has to wonder if Jim is really working for La Raza because all of his actions seem to be attempting to undermine the very cause he claims to support.

The truth hurts doesn't it Jim?

Posted by: Ruthiness on April 21, 2008 05:29 PM

Seems to me that Jim has been drinking the same "kool aid" that Chris has been drinking...

Posted by: midwest minuteman on April 21, 2008 09:27 PM

And so, big talking Mr. Jim Gilchrist has turned out to be just another faux American against illegal immigration of the type that employ illegal aliens at their construction companies and make citizens pay for their medical benefits, while never passing on the savings to Americans but enriching themselves with illegal alien cheap labor. With Americans like these, who needs enemies? Go away Jim, your'e an embarrasement to the Minutemen/women who have fought so hard to keep this nation from being annexed to Mexico, etc.

Posted by: Bobby on April 21, 2008 09:44 PM

From Jim Gilchrist we get:

in the video: "You're a bunch of racist losers."

in the comment section where the video is posted: "Hanging the innocent is not the pathway to truth or justice."

The BALLS on this man!

Jim Gilchrist hurts his cause. That he hurts it so thoroughly makes one wonder just where his true aims and intentions lie.

Posted by: likwidshoe on April 23, 2008 10:44 AM

Let me say this about a female org leader who has stolen the “limelight” from others. She is so frightened of being “upstaged” that she called off a BOA rally To be held in my county, saying the national organizer wanted rallies staged in main cities, yet she aired on her on sos that another member in another county held a successful anti BOA rally. The true reason she did not want our rally held was due to the fact the main videographers at the time and others more active in street protest
had committed to attending the rally in my county.

She has claimed credit for successful rallies she never even attended saying I called so and so (always the name dropper ) to attend the rally, as if to say that was the only reason for the rallies success!

I am not the only one who has valid issues with this particular female org “ Leader."

there are many more, some intimidated by the awful attacks they have witnessed occurring towards Jim, afraid to speak out or so discouraged they are never heard of again.

I gave this woman the benefit of a doubt and she has failed miserably. The sign of a true leader is one who can unite, all this woman has done is to divide and instill hate!

Posted by: Stop the fighting on April 29, 2008 01:15 PM

As far as what is being played out on the vid, pure childish namecalling, on both sides!!! I have been at the border and the stories I can tell of some of the stupidiest reasons some of these Ole geezer's use to begin a fight! Thankfully I have met very dedicated men who travel long distances to attend border rallies, some who have vowed never to return after witnessing the childish display of these grown men or choosing more humble men to stand with.

Posted by: stop the fighting on April 29, 2008 01:23 PM

A funny thing happens when you Google the exact phrase, "send a check or money order payable to Brook Young". Everything this guy has ever written has a plea for support. I guess Mr. Young is a hypocrite as well as a liar.

Posted by: Jack Sharpe on May 1, 2008 03:26 AM

Both Jack Sharpe and Perry Emerson now support Marvin Stewart and the rest of the Board of Directors of MMP, as we have learned that Jim Gilchrist is a Criminal Fraud. Stephen Eichler his partner in crime are just a bunch of no good money grubbers. Steve Eichler's 2001 Bankruptcy says "alleged IRS claims from as far back as 1988. These guys are scam artists, hell bent on stealing good honest patriots money, effort and time, that otherwise would go to help solving the problem at the border.

Posted by: Jack Sharpe on May 3, 2008 07:06 PM

[This comment has been removed due to a jackbooted court order from the Gilchrist camp

Which states the following

A permanent injunction shall issue, ordering defendants Courtney, Stewart and Sielski to refrain from holding themselves out to anyone as members of Minute Man Project Inc., or members of its board of directors. This injunction requires the taking down of any web site, including but not limited to www.minutemanprojectinc.com. wherein defendants hold themselves out to be members, managers or spokespersons of Minute Man Project Inc., or members of the board of directors of Minute Man Project Inc.

It's good to know that a judge somewhere can take down AN ENTIRE website that a comment has been posted to by someone else. - Digger]

Posted by: MinutemenForTruth on August 4, 2008 09:44 AM

[This comment has been removed due to a jackbooted court order from the Gilchrist camp

Which states the following

A permanent injunction shall issue, ordering defendants Courtney, Stewart and Sielski to refrain from holding themselves out to anyone as members of Minute Man Project Inc., or members of its board of directors. This injunction requires the taking down of any web site, including but not limited to www.minutemanprojectinc.com. wherein defendants hold themselves out to be members, managers or spokespersons of Minute Man Project Inc., or members of the board of directors of Minute Man Project Inc.

It's good to know that a judge somewhere can take down AN ENTIRE website that a comment has been posted to by someone else. - Digger]

Posted by: MinutemenForTruth on August 4, 2008 09:45 AM

After being in this movement for over 6 years now and seeing the graft that spin-off from MMP have accomplished, I see small people jealous of Gilchrist. He started this movement, has consistantly lead it for years now with credibility and honor. He has been the honorable face & voice of the secure the borders mission. And with his best-selling books, Harvard legal immigration law reviews, college personal appearances, endless radio interviews, countless TV appearances has influenced millions to fight illegal aliens coming to this nation. No blog owner here or anywhere else can truthfully claim that high mark of educating or excellance when working with the public mind. I have seen other smaller people try to attack, harass, libel, smear, and try to insult this brave veteran. I looked at the video posted here, it sure looks like a couple of 'rummies' were trying to have a lynch-mob attack on Gilchrist (on camera) for their own immature benefit and ruin our mission. Gilchrist acted admirably. Any shallow blog owners can slag or attack Gilchrist, their lack of credibility by doing this only shows the General Public how silly some people are and only shames all of us in the Cause.

Posted by: confused on March 5, 2009 01:35 PM

"Both Jack Sharpe and Perry Emerson now support Marvin Stewart and the rest of the Board of Directors of MMP, as we have learned that Jim Gilchrist is a Criminal Fraud. Stephen Eichler his partner in crime are just a bunch of no good money grubbers. Steve Eichler's 2001 Bankruptcy says "alleged IRS claims from as far back as 1988. These guys are scam artists, hell bent on stealing good honest patriots money, effort and time, that otherwise would go to help solving the problem at the border."

The above quote is the type of childish crap the hijackers of the Minuteman Project have become famous for. As of last Monday, the judge in the case threw out their case and told Stewart and Courtney that he better not see them in his court again. Then he levied large fines against them for their transperant attemps to decieve the court.

Brook "Watchdog" Young is now in hiding and Chelene left her husban to shack up with a couple of dudes. Neither one can be reached for comment.

Posted by: Jack Sharpe on March 19, 2009 03:31 AM

Here's my input on this,

Just to clear up the very last posting, I don't think very highly of Chelene Nightingale at all, but that part about her leaving her husband and shacking up with two dudes is based upon innuendo, and not really truth or fact. Brook Young has dropped out of the movement, but then again, so have many others. At the point of their leaving, they become has beens. That's the way it works in news media. You are only as good as the last deed you performed. When you rest upon the laurels of yesteryear, you expect legend to carry your water from then on. I think our movement has placed too much faith in self annointed leadership and too little faith in our own potentials. I'm not saying we shouldn't respect those who contributed heavily, but we need to stop looking for messiahs and start acting individually. Being our own messiahs so-to-speak.
Jim had his moments...big ones too. As did Joe Turner, Simcox, and many others. The problem is, they stopped doing whatever it was that propelled them to the forefront. Therein lies the message to them: We liked the original deeds.
Our movement is suffering from the malaise of forward motion because we place too much hope, faith, and trust in specific individuals. We should get back to placing our faith in the righteousnous of our cause, and then more and new leaders or icons will emerge. If we keep hashing out the personalities of has-beens we will sink into the swamp of despair and remain bogged down forever.

Posted by: AyatollahGondola on May 25, 2009 11:58 AM

I really feel MMP court case rightfully suing of these keyboard crank idiots is really making a positive difference. I have noticed that when these 'fleas' get sued, or they get LAPD arrested, or they get jumped-on by the goons; most of these self-professed chest-thumping blowhard 'media' patriots fold up like a cheap suit and blow away from the public scene.

The score is:
Brook 'watchdog' Young, sued....MIA
C. Nightengoul SOS, sued....MIA
Christie C. TruthBrigade, arrested....MIA
Schwilk SDMM, sued....MIA
Dennis Slater NMI, arrested & later beaten...MIA
Frank Jorge AVMM, arrested....MIA
'Borderaven', beaten up....MIA
Janet 'Blondee' SOS, beaten up....MIA
'Kele' SOS......MIA, fled the state.

Scared out from public events:
'Standing Alone' NMI.....MIA
'Small and Mighty' NMI, beaten...MIA

Jim Gilchrist and MMP.......fighting on in books, appearances, speeches, news interviews, and all.

The 'chaff' is being removed from the wheat leaving us the better OFF. Stand up for your principles, and join Gilchrist's Minutemen Project. Save the USA.

Posted by: anti-Ayotollah on May 29, 2009 02:40 PM

Some would see your post and it would just confirm their suspicions. That people who are standing up for their country are being beaten down and sued.

I'm not sure the point you are trying to make, but I think it is the reverse of what you think it says.

As far as some of those above you claim are MIA, they are still out there protesting, so your pro-illegal statements on them are untrue.

Posted by: Digger on May 29, 2009 02:57 PM

"Stand up for your principles, and join Gilchrist's Minutemen Project. Save the USA." ==== equals "your pro-illegal statements"
Geezz...Another obvious blantant LIE! Are your blog readers that ignorant? If so, they don't count in much.

Posted by: Crazy digger ?? on June 1, 2009 06:47 PM

I thought of some more MIA's:

'AyatollahGondola' in sacramento....MIA
'Randy Dees'.....MIA

The 'chaff' is being removed from the wheat leaving us the better OFF. Join GIlchrist's MMP no dues, less drama because everyone works independantly just like the colonial Minutemen; not like the SOS, SDMM, MCDC or those frindge other orgs.

Posted by: Crazy digger ?? on June 3, 2009 05:04 PM

Chelene Frankengale is burning her future and the future of the few strugglers left at SOS. Another sad commentary on a empty life.

Posted by: EX-soser on June 12, 2009 07:50 PM

Well all I know is when Joe T. was in charge we were cooking with flame, then under the misguidance of a few people Joe let the reins of control be put in the hands of the wrong people. I still am an activist but I don't condone groups like SOS any longer because it had zero accountablity for people in charge. Things were too easily overlooked and petty bullshit personality crap was allowed to rule the day. I had such great hope for SOS but they were dashed by Joe allowing Don Silva and Chelene to run the organization into the ground.

Very sad, I am sure Armando Navarro, Mecha and La Raza are all laughing their way onto taking over the USA thanks to dipshits like Chelene.

Posted by: Sandinator on August 30, 2009 12:26 AM

I enjoyed reading a judgment today against Jim Gilchrist, Minuteman Project, Inc. and a number of other associates... the pertinent part of the judgment states "The Court finds judgment for Deborah Ann Peterson Courtney against Minuteman Project, Inc., James W. Gilchrist, AKA Jim Gilchrist, Jim Gilchrist's Minuteman Project, Inc. in the amount of: $7500.00 damagers, $225.00 costs, and $0 attorney fees. Judgment is joint and several" It references a number of other suits too. I found it in case # 30-2011-00507091-SC-SC-NJC in the Superior Court of California, County of Orange, North Justice Center 1275 N. Berkely Ave. Fullerton, CA 92838.

Posted by: Truth About Gilchrist on September 19, 2012 06:00 PM


DEBORAH ANN COURTNEY, Defendant and Appellant.

No. G044254.

Court of Appeals of California, Fourth District, Division Three.

Filed September 29, 2011.

Deborah Ann Courtney, in pro per., for Defendant and Appellant.
Bohm, Matsen, Kegel & Aguilera and Guy E. Mailly for Plaintiff and Respondent.

Deborah Ann Courtney (Courtney) appeals from an order after judgment (Code Civ. Proc., § 904.1, subd. (a)(2)),1 denying her motion for a ruling on plaintiff's memorandum of costs (summary) under section 1033. We affirm.
In May 2005, Jim Gilchrist formed the Minuteman Project, Inc. (MMPI), which he described as "a volunteer organization whose purpose is immigration law reform and the enforcement of existing laws." He filed articles of incorporation with the Delaware Secretary of State, listing him and his wife, Sandra Gilchrist, as directors. Approximately one month later, Gilchrist filed an amendment to the articles of incorporation and listed himself as president, director, and secretary of MMPI. Later, he created a board consisting of seven people, which included himself, Steve Eichler, who was also hired as the executive director, Tim Bueler, Sandra Gilchrist, Marvin Stewart, Deborah Courtney, and Barbara Coe. Whether the board was an advisory or governing board was and is disputed by the parties, but it is not relevant to the appeal.
In January 2007, Gilchrist scheduled a board meeting for January 26. After discovering he had a scheduling conflict, Gilchrist sent an email to the other board members advising them of the conflict and rescheduling the meeting to January 29. However, Stewart, Courtney, and Coe, met on January 26 or 27 and voted to remove Gilchrist, Eichler, and Bueler from the board. On January 29, they asked Gilchrist to resign his other positions. Gilchrist refused to resign and consulted an attorney who prepared a notice of board meeting for February 2.
According to Gilchrist, all seven board members attended the February 2 meeting, although the record suggests there may have been only six members present. In any event, Coe resigned at the meeting, and Stewart and Courtney were removed by a majority vote of the remaining board members.
In April 2007, the MMPI sold "substantially all of its assets to [Jim Gilchrist's Minuteman Project, Inc. (JGMP)]," a second Delaware nonprofit corporation formed by Gilchrist. Gilchrist apparently filed and dismissed at least one lawsuit seeking to enjoin Courtney, Stewart, and Coe from claiming affiliation with JGMP and to recover $4,000 in funds purportedly misappropriated by the ousted directors.
On January 31, 2008, JGMP filed a complaint against Courtney, Stewart, Coe, and Paul Sielski,2 alleging causes of action for fraud, trade libel, trademark infringement, tortious interference with contract and/or with prospective economic advantage, corporate identity theft, cyber-squatting/bad faith registration of domain name, declaratory relief and permanent injunction. Gilchrist alleged Stewart and Courtney took control of the corporation's bank accounts, Web site, letterhead, and its list of donors. Courtney contends Gilchrist misappropriated "tens of thousands of dollars" loaned by her to MMPI for start-up costs, and that he mishandled all of MMPI's funds. The complaint requested actual damages; punitive damages; disgorgement of ill-gotten profits, royalties, and unjust enrichment; constructive trust; preliminary and permanent injunctive relief; interest; and reasonable attorney fees and costs.
In January 2010, the court bifurcated the equitable issues (requests for injunctive and declaratory relief) and conducted a court trial with respect to those issues. Gilchrist argued he was the sole director of MMPI with exclusive authority over the governance of the nonprofit corporation. Alternatively he contended Courtney and Stewart's attempt to terminate him from the board was unlawful and therefore ineffectual.
Without deciding the precise role of the board, the trial court concluded there was "no credible evidence that James Gilchrist was notified of a motion to vote to terminate him from the board" when Courtney, Stewart, and Coe met on January 26 or 27. Furthermore, the court found this meeting had been conducted without a quorum, which, after applying Delaware law, the court determined invalidated their attempted termination of Gilchrist. On the other hand, Courtney, Stewart, and Coe were given adequate notice of the February 2 meeting, and Courtney and Stewart were lawfully terminated by a quorum of board members. The court stated, "Insofar as the plaintiff has defeated the defendants' claim that they lawfully terminated James Gilchrist and others from the board of directors of MMPI and has prevailed on its claim that the defendants were lawfully terminated as directors of MMPI at the February 2, 2007 board meeting, the court finds that it is unnecessary to determine whether James Gilchrist was always the sole director of MMPI as he also claims. Whether he was the sole director, or whether he and others lawfully terminated the defendants as directors, the result is the same. Under no circumstances have the defendants been directors of MMPI since February 2, 2007."
The court granted JGMP's request for injunctive relief, ordering "Courtney, Stewart, and Sielski to refrain from holding themselves out to anyone as members of Minute Man Project, Inc.," to take down a Web site they had created, and to "turn over all property belonging to Minute Man Project Inc. []." The court further found "defendants Courtney, Stewart and Sielski are not members of Minute Man Project, Inc., and have not been members of the board . . . since February 2, 2007." After the court granted JGMP's motion for summary adjudication of several of the remaining issues, a jury awarded JGMP $4,000 in damages. The court determined JGMP to be the prevailing party in the action and awarded costs in the amount of $13,006.50 plus 10 percent interest from the date of the judgment. This appeal followed.3
Courtney limits her appeal to a single issue. She argues section 1033, subdivision (b)(2)4 applies because JGMP pursued a declaratory relief action and recovered only $4,000 in damages. Courtney states, "Decision Law has not addressed 1033(b)(2) as to whether those costs should not be awarded if the judgment is less than that which could have been rendered in small claims and if procedure listed in 1033(b)(2) is not followed," and she posits the following question: "[W]hat is the legislative intent of CCP 1033 when a major and complex superior court action renders a jury verdict less than that which [] should have been brought in a small claims case?"
The first problem with Courtney's argument is her confusion of small claims actions with limited civil actions. Section 1033 does not apply to small claims actions, i.e., cases where the value of the disputed property amounts to $5,000 or less. Such cases are governed by the Small Claims Act. (Code Civ. Proc., § 116.110 et seq.) Section 1033, subdivision (b) applies "[w]hen a prevailing plaintiff in a limited civil case recovers less than the amount prescribed by law as the maximum limitation upon the jurisdiction of the small claims court . . . ." (Italics added.) Section 86 defines limited civil cases as cases involving an amount in controversy of $25,000 or less. Although two types of declaratory relief actions are included, (1) those to determine the right of indemnity when initiated by complain or cross-complaint in a case otherwise involving $25,000 or less, and (2) requests for a trial after nonbinding fee arbitrations (§ 86, subd. (a)(7)(A) & (B)), neither situation applies here. Plus, section 580 specifically excludes permanent injunctions from the types of relief available in limited civil cases. Here, JGMP pursued and won on its request for a permanent injunction against Courtney.
Secondly, the general rule is "a prevailing party is entitled as a matter of right to recover costs in any action or proceeding." (Code Civ. Proc., § 1032, subd. (b).) While the trial court has the discretion to deny costs when "a plaintiff brings an unlimited civil action and recovers a judgment within the $25,000 jurisdictional limit for a limited civil action" (Carter v. Cohen (2010) 188 Cal.App.4th 1038, 1052), the court may nevertheless exercise its discretion to award costs in such cases. Although Courtney argues the court failed to follow the "procedure listed in [section] 1033(b)(2)," she fails to provide any record references to support this assertion. An appellate court may ignore a party's assertions of fact unsupported by explicit citations to the record. (Colt v. Freedom Communications, Inc. (2003) 109 Cal.App.4th 1551, 1560-1561.) Furthermore, Courtney had ample opportunity to properly challenge the items listed in JGMP's cost bill, a document which neither party included in the record, but instead she decided to file something entitled "Motion for Ruling on Plaintiff's Memorandum of Costs." Her motion raised the same arguments she asserts on appeal, but did not dispute the items listed or the amounts.
While the "[i]nterpretation of a statute and its application to a given situation are matters of law" subject to de novo review (Haworth v. Lira (1991) 232 Cal.App.3d 1362, 1367), as we have explained, this case does not present a question of statutory interpretation. Therefore, the appropriate standard of review is abuse of discretion. (Steele v. Jensen Instrument Co. (1997) 59 Cal.App.4th 326, 331.) Here, Courtney fails to demonstrate how the court's cost award amounts to an abuse of discretion. To the contrary, JGMP pursued an action in a court of unlimited jurisdiction for damages and equitable relief and prevailed. Under such circumstances, the trial court correctly awarded costs to JGMP.
The judgment is affirmed. Respondent to recover costs on appeal.
RYLAARSDAM, ACTING P. J. and O'LEARY, J., concurs.

1. All further statutory references are to the Code of Civil Procedure unless otherwise stated.
Back to Reference
2. The trial court granted JGMP's motion for terminating sanctions against Sielski and entered a default. Neither party discusses or provides record references to explain Coe's fate. Stewart remained a party to the lawsuit, but is not a party to the instant appeal.
Back to Reference
3. Courtney's July 8, 2011 request for judicial notice of minute orders and a statement of decision prepared by the federal bankruptcy court (Bankr. C.D. Cal., No. 8:07-bk-12720-TA) is granted.
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4. Civil Code section 1033 provides, "(a) Costs or any portion of claimed costs shall be as determined by the court in its discretion in a case other than a limited civil case in accordance with Section 1034 where the prevailing party recovers a judgment that could have been rendered in a limited civil case. [¶] (b) When a prevailing plaintiff in a limited civil case recovers less than the amount prescribed by law as the maximum limitation upon the jurisdiction of the small claims court, the following shall apply: [¶] (1) When the party could have brought the action in the small claims division but did not do so, the court may, in its discretion, allow or deny costs to the prevailing party, or may allow costs in part in any amount as it deems proper. [¶] (2) When the party could not have brought the action in the small claims court, costs and necessary disbursements shall be limited to the actual cost of the filing fee, the actual cost of service of process, and, when otherwise specifically allowed by law, reasonable attorneys' fees. However, those costs shall only be awarded to the plaintiff if the court is satisfied that prior to the commencement of the action, the plaintiff informed the defendant in writing of the intended legal action against the defendant and that legal action could result in a judgment against the defendant that would include the costs and necessary disbursements allowed by this paragraph."

Posted by: Brad on April 27, 2013 12:34 AM

Judgments against Gilchrist reversed by appeals court. Judge had a better understanding of constitutional malice and ruled that Courtney failed to meet her burden of proof. Previous judgments in Courtney's favor are null and void.

Posted by: Brad on April 27, 2013 12:37 AM

Also see these other great immigration resources

The Dark Side Of Illegal Immigration
The Dark Side Of Illegal Immigration

A 28 part detailed report on the negative impacts of illegal immigration.
Immigration Stance
Immigration Stance

Find out how your members of Congress voted on immigration issues.

The Dark Side Of Illegal Immigration
Read the free 28 part report The Dark Side of
Illegal Immigration

Includes facts, figures
and statistics.

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