Revenge or Justice in Theresa Keeping/Dale Merkel Lawsuit?
by Captain Chuck Foster on 07/10/13
Some have suggested the
methods being used to serve a Summons and Complaint in a civil lawsuit have been “inappropriate”
and “overly aggressive” to the point of appearing “revenge” is the motive and result, not “justice"!?
“What’s it going to take to resolve this
matter?” was another expressed concern.
One dictionary defines “revenge”
as “a thought or act with intent to Inflict hurt or harm on someone for an
injury or wrongful act.”
"Justice," however, seems
to have many, even conflicting, definitions.
In this case, I’ve chosen what applies to the Keeping/Merkel situation,
that being, “action or treatment in proportion to repeated efforts to seek a timely,
fair and just remedy with lawful accountability for caused injury and damages.”
It has never been my
intent to inflict hurt or harm, and whatever hurt or harm that Keeping and/or
Merkel has received, and will continue to receive, is of their own doing. In
fact, there is overwhelming physical evidence to show repeated and extraordinary
effort has been taken, and continues to be taken, to bring about a fair and mutually
beneficial result.
Consider, however, it's been Ms. Keeping and Mr. Merkel who have refused to communicate, or even provide the name of an attorney to communicate
on their behalf.
It’s Keeping and Merkel
who unlawfully took children’s wish charity funds to make private, personal
investments.
It’s been Keeping and
Merkel who breached their fiduciary duty to inform company officers, directors
and investors that a lawsuit had been filed.
It was Keeping and
Merkel who chose to hide from Sheriff’s process server;
And it is my understanding and belief that it was Keeping who verbally assaulted and threatened legal action against their own business
associates and investors because they’re concerned and want to take proactive steps
to protect themselves from the legal consequences and negative publicity.
The publicity was intended to serve several purposes, one being to alert others who are, or
may be considering financial involvement with Ms. Keeping and/or Mr. Merkel.
Another obvious reason was to assert pressure, be it from her self-guilt, embarrassment or anger, the objective is to bring about communication without which, there can be no timely, just, win/win result.
The media publicity was also intended
to stimulate a concerned public to get involved and help us locate Ms. Keeping and Mr. Merkel so they
can be served with the Summons and Complaint after which they’d be subject to
the jurisdiction, rules and findings of the California Superior Court.
1. Reimbursement of the initially promised $50,000 spent at Keeping's request and on her behalf, plus $25,000 for case-related legal and publicity costs incurred to date; and
2. Return the $1.5MM "capitalization" funds to a trust/holding account for the agreed upon payment of WishCruise Navy flagship construction and WishCruise Pirate Adventures, Ltd start-up costs.
* In consideration for the above mentioned, litigation (including claims for general and punitive damages) would be dropped, and the negative publicity would stop. Most importantly, Keeping’s $1.5MM “capitalization” would be refunded in full within 24 months from the flagship’s completion date!
You're also invited to share your verdict or ask case-related question?
-- RCF
