In a resounding legal victory, Kevin Walker and Donnabelle Mortel, acting as purported defendants in a fraudulent and contentious unlawful detainer case, have secured the dismissal of the frivolous, meritless, and baseless lawsuit brought against them by Georgia’s Own Credit Union and associated parties. Following the dismissal, Walker and Mortel have filed a formal demand seeking $1,000,000 in professional costs and fees, in addition to punitive, compensatory, and statutory damages.
The defendants assert that the plaintiffs’ unlawful detainer filing was both fraudulent and meritless, representing a malicious abuse of the judicial system. Their demand, which includes sanctions against the plaintiffs, emphasizes the severe financial and reputational harm they endured while defending against what they characterize as a frivolous legal attack.
Constitutional and Legal Violations Highlighted
Walker and Mortel, representing themselves sui juris and In Propria Persona (In Pro Per), assert that the plaintiffs’ filing was procedurally defective, unconstitutional, and in violation of federal and state laws. They cited the Supremacy Clause (Article VI, Clause 2) of the U.S. Constitution, which mandates that federal law takes precedence over conflicting state laws, as a central element of their legal argument.
The filing also emphasized:
- Breach of Constitutional and Contractual Rights: The plaintiffs’ filing disregarded legal protections, including the constitutional prohibition against impairing contracts under Article I, Section 10.
- Fraudulent and Malicious Conduct: Walker and Mortel highlighted the plaintiffs’ intentional misrepresentation and procedural misconduct designed to deprive them of their lawful property rights.
Unrebutted Demands and Judicial Admission by Plaintiffs
Walker and Mortel successfully demonstrated that their demands remained unrebutted by the plaintiffs. Under established legal principles, this failure to respond constituted an admission by the plaintiffs, further validating the defendants’ legal claims.
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Demand for $1 Million in Costs and Sanctions
The defendants have formally demanded $1,000,000 in professional costs and fees incurred during their defense against the fraudulent lawsuit. They are also seeking punitive damages to deter future misconduct and statutory damages as stipulated under California law and the Uniform Commercial Code (UCC).
Immediate Release of Court Order Demanded
Walker and Mortel have requested the immediate release of the court order to formally document their victory and affirm their entitlement to financial and legal relief. They emphasized that the court must act decisively to uphold the rule of law and preserve judicial integrity.
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A Landmark Case for Justice
This case underscores the importance of accountability in the legal and financial sectors. By standing firm against the unlawful detainer action, Walker and Mortel have not only secured justice for themselves but also set a powerful precedent for others facing similar misconduct.
What’s Next?
As Walker and Mortel await the release of the court order and resolution of their monetary demands, their victory serves as a warning to those who seek to misuse the judicial system for unlawful gain. This case demonstrates that persistence and legal knowledge can prevail in the face of institutional misconduct.
Stay tuned for further developments as this legal saga continues.
