Lawsuit: Dismissed bezzergeezer v. poemhunter [2021] FCR 33

[northeastprince]

IN THE COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


bezzergeezer (Hamilton Law representing)
Plaintiff

v.

poemhunter
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

WRITTEN STATEMENT FROM THE PLAINTIFF

The outrageous claims made by the Defendant heavily damaged my reputation and armed his supporters in the process with inaccurate knowledge. I demand action for this unwarranted attack.

I. PARTIES
1. bezzergeezer
2. poemhunter

II. FACTS
1. The Defendant made a statement on their political campaign's Discord server, publicly attacking the Plaintiff's reputation. (Exhibit A)
2. The claims about the request to the Plaintiff's assistant were completely false, just joking remarks. (Exhibit B)
3. The supposed veto of the logo vote was just a joke. (Exhibit C)

III. CLAIMS FOR RELIEF
1. The Defendant's statement is clearly in violation of DCC §15.18, due to the fact that they made false claims and damaged the Plaintiff's reputation in the process.

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. $1,000 in compensation
2. A heartfelt, formal, and public apology to the Plaintiff.

Spoiler: Proof of Consented Representation

Spoiler: Exhibit A

Spoiler: Exhibit B

Spoiler: Exhibit C

Witnesses:
- Hanhatfre

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 26th day of March, 2021

 

[Matt]

IN THE COURT OF THE COMMONWEALTH OF REDMONT
SUMMONS
The defendant is required to appear before the court in the case of Bezzergeezer v poemhunter. Failure to appear within 48 hours of this summons will result in a default judgment in favour of the plaintiff.​

 

[bubbarc]

You're honor, I have been chosen to represent the defendant in this lawsuit


IN THE COURT OF THE COMMONWEALTH OF REDMONT
ANSWER TO COMPLAINT

Bezzergeezer
Plaintiff

v.

Poemhunter
Defendant

Case no: [03-2021-27]

I ANSWER TO COMPLAINT
1. The defendant denies that he had any knowledge of this being a joke

II DEFENCES
1. Due to the fact that the defendant was unaware of everything being a joke how could this be slander if not a misguided attempt to protect the public
2. The plaintiff provides evidence that despite it being a joke the defendant had no way of knowing, (with their witness, hanhatfre, confirming after the fact that it was a joke)
3. The law clearly states that it has to be "a purposeful false statement"

MOTION TO DISMISS
Defendant move that the complaint in this case be dismissed, and in support thereof, respectfully alleges:
1. The Defendant had no knowledge of the events being a joke
2. This case was posted in the middle of a special election cycle thus the case could have potentially been used against the plaintiff in the election
3. The supposed evidence that it was a joke could have potentially been forced by the plaintiff

Spoiler: Proof of Consented Representation

Spoiler: Original statements

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This thirtieth day of March 2021

 

[Matt]

I will now ask both parties to present any further evidence or adduce witness statements. If either party intends to call witnesses, please notify the court so summons can be made. I will first ask for a submission from the plaintiff, with a subsequent submission from the defendant. The court would be grateful if these submissions could be made in 48 hours.

 

[bubbarc]

You're honor, if I may, up above I motioned to dismiss, however I do understand that it's not particularly clear what I meant, may I retype it and post it below?

 

[Matt]

You're honor, if I may, up above I motioned to dismiss, however I do understand that it's not particularly clear what I meant, may I retype it and post it below?

My apologies, of course you can

 

[bubbarc]

MOTION TO DISMISS
Defendant move that the complaint in this case be dismissed, and in support thereof, respectfully alleges:
1. The Defendant had no knowledge of the events being a "joke", (see part two of this motion,) all he saw were the messages that were relayed in my response's "original statement" docket, slander requires it to be purposefully false
2. The supposed evidence that it was a joke could have potentially been forced by the plaintiff, there is no evidence of surrounding messages, in fact with the alleged "jokes" the character lines up with this, should the plaintiff supply evidence of the surrounding messages I would like to ask the court to disregard this point

 

[Matt]

Before I can rule on any motion to dismiss, I first would like to get a better picture of the actual issue at hand.

The discord message from Poemhunter refers to another message of his that was taken out of context. Can the plaintiff confirm whether this message is relevant to their claim? If so, please could they provide a copy of it.

If possible, could the plaintiff provide a full transcript of the relevant conversation for the court to consider, as it is hard to understand fully the disagreement based on only one message.

 

[Matt]

Civil Action

Please can the plaintiff provide an update regarding my last message.

 

[Matt]

Verdict

The motion to dismiss has been granted. Given the evidence submitted from the plaintiff themselves, it has been adduced that the statements of their client were made in jest. However, given the defendant could not have known, or been reasonably expected to have known, that his comments were based on joking statements. As such, he can not be deemed to have made purposefully false statements, but rather comments made with a genuine concern at what he had read.