Axl Sued For Sexual Assault

[Blackstar]

23 hours ago, Scream of the Butterfly said:

I figure they might be deliberately filing at the last moment to give Axl less time to reply, since there's already a set date by which he has to reply to Sheila's opposition to the motion.

Yes, but like I said, this is common practice. All lawyers do that, so most of the time the due date is the actual filing date.

[Blackstar]

Kennedy's lawyers have the option to file an amended complaint (on the same due date) instead of an opposition without the two of the four causes of action that Axl's motion asks to be dismissed (which, or at least one of them, are very likely to be dismissed, I think, because there are precedents in other cases with the Steven Tyler NY case being the most recent). That would make Axl's motion to dismiss the entire complaint due to improper service redundant, as he would now be served with the amended complaint.

[Blackstar]

Kennedy's lawyers have filed the opposition to Axl's motion:

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=A_PLUS_Y556T3YllOkkHY0nmZ0g==

or

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=A_PLUS_Y556T3YllOkkHY0nmZ0g==&system=prod

It is accompanied by the affidavits or service and information about Axl's companies and business addresses (I suppose to show that they made all efforts to trace Axl's addresses).

[BluegrassBlues]

I was a bit surprised at the wording they used, it did not sound very professional in my opinion. I know that means absolutely nothing lol, but I was not expecting to see the actual definition of a door in a legal document, but lawyers are going to lawyer I guess 

[Blackstar]

In the preliminary statement of the opposition it is mentioned that the schedule of fact discovery for the case (depositions etc.) which should be completed by October 2024, was proposed by Axl.

They say in the opposition that Axl doesn't contest that Malibu is his main residence. But he has contested that in his answer.

There is also an attached document of skip tracing Axl's locations (they say they hired an investigator for that):

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=h1FtNpHOXPQULQkRi0bTXw==&system=prod

The last traced date of residence in Malibu is January 2020. There is a later date (April 2020) of residence in Montana but there are traces only for that one day.

Edited May 9 by Blackstar

[volxluvr]

Basically they resorted to spying on Axl. 

Edited May 10 by volxluvr

[Blackstar]

They used this service:

https://www.tlo.com/

[Scream of the Butterfly]

18 hours ago, BluegrassBlues said:

I was a bit surprised at the wording they used, it did not sound very professional in my opinion. I know that means absolutely nothing lol, but I was not expecting to see the actual definition of a door in a legal document, but lawyers are going to lawyer I guess 

It was Axl's side that started this nonsense with their claim that a gate is not a door, so of course it had to be addressed. In my opinion, Sheila's attorneys did an excellent job, whereas Axl's attorneys come across as lawyers at their worst, grasping at every technicality.

[BluegrassBlues]

5 minutes ago, Scream of the Butterfly said:

It was Axl's side that started this nonsense with their claim that a gate is not a door, so of course it had to be addressed. In my opinion, Sheila's attorneys did an excellent job, whereas Axl's attorneys come across as lawyers at their worst, grasping at every technicality.

Putting the Webster dictionary of what a door is in a legal document is still goofy lol 

[Scream of the Butterfly]

12 minutes ago, BluegrassBlues said:

Putting the Webster dictionary of what a door is in a legal document is still goofy lol 

That was only a small part of it, not that I see what is goofy about it. How would you have addressed the matter?

[Blackstar]

None of us here is an attorney, I believe, so we can't really evaluate the legal arguments each side has made that are based on precedents (previous court cases) and the extent to which these precedents are relevant to the current case.

Apparently there is a precedent about the outside gate (of a building, compound or property) vs. the door of a residence that Axl's lawyers rely upon, but we can't really say whether it actually supports their argument regarding this case.

Edited May 10 by Blackstar

[volxluvr]

Never thought we'd be  discussing a driveway gate vs the door of a residence. LoL

Edited May 10 by volxluvr

[BluegrassBlues]

28 minutes ago, Scream of the Butterfly said:

That was only a small part of it, not that I see what is goofy about it. How would you have addressed the matter?

I'm not a lawyer, I have no idea lol. I just thought copy and pasting the definition of a door was silly, like something a kid would do and think it's a big gotcha. Just not something I'd expect to see in a legal document 

[Blackstar]

The outcome of the motion (the part concerning the service) won't really amount to much, because even if the judge agrees with Axl's lawyers that the documents were not served properly, she will probably grant extended time for Kennedy's lawyers to serve it. Or, if the judge denies the part of the motion about the service but grants the part of the motion about the dismissal of some of the causes of action, Kennedy's lawyers will be able to file an amended complaint (that will replace the original one) and serve that.

So, maybe the non-service part of the motion is just lawyer tactics to achieve something else.

[Avillart]

Don't let them lawyers listen to "Knocking on Heaven's Door"   Cause according to the Bible that thing is also a gate...

[HollyWoodRose84]

19 hours ago, Blackstar said:

 

The last traced date of residence in Malibu is January 2020. There is a later date (April 2020) of residence in Montana but there are traces only for that one day.

Vanessa owns a home in Montana. Axl still lives in Malibu 

[Blackstar]

5 minutes ago, HollyWoodRose84 said:

Vanessa owns a home in Montana. Axl still lives in Malibu 

Yes, but for the purpose of this lawsuit, he doesn't.

[Avillart]

47 minutes ago, HollyWoodRose84 said:

Vanessa owns a home in Montana. Axl still lives in Malibu 

 

Thought the Montana house was a gift from Axl to Beta.

He lives in Malibu but as you can see when you scroll back through this thread or view the court files, the people attempting to serve him the papers were told by staff that Axl is not the resident but Beta. And it's on file that Malibu is not his primary residence.

 

41 minutes ago, Blackstar said:

Yes, but for the purpose of this lawsuit, he doesn't.

 

A while back I came across a page (not related to the case though, it was a genealogy page) where they had listed three residence addresses for him. Malibu, Thousand Oaks, and one on Sunset. Don't know what the source of this page is though. I thought the Thousand Oaks house was Beta's and her family's main residence but I could imagine that they may use this for the court case too, since they denied that Malibu is his main residence. But what do we know, I guess we'll see how the drama (spying on Axl, door definitions... LOL) keeps unfolding.

 

[Blackstar]

32 minutes ago, Avillart said:

A while back I came across a page (not related to the case though, it was a genealogy page) where they had listed three residence addresses for him. Malibu, Thousand Oaks, and one on Sunset. Don't know what the source of this page is though. I thought the Thousand Oaks house was Beta's and her family's main residence but I could imagine that they may use this for the court case too, since they denied that Malibu is his main residence. But what do we know, I guess we'll see how the drama (spying on Axl, door definitions... LOL) keeps unfolding.

 

I think Thousand Oaks is just one of the "business addresses" (basically the address of managing company that manages Axl's business affairs - Axl is just one of their clients) that appeared in registrations for Axl's companies and that's why all these pages have it.

EDIT: I see there are two Thousand Oaks addresses in the skip tracing document, one is the business address and the other looks to be a house. In various database it looks like the resident of the house is Beta's other son.

Edited May 10 by Blackstar

[Georgina Arriaga]

1 hour ago, Blackstar said:

I think Thousand Oaks is just one of the "business addresses" (basically the address of managing company that manages Axl's business affairs - Axl is just one of their clients) that appeared in registrations for Axl's companies and that's why all these pages have it.

EDIT: I see there are two Thousand Oaks addresses in the skip tracing document, one is the business address and the other looks to be a house. In various database it looks like the resident of the house is Beta's other son.

Those leeches...yuck! Grifters!

[Avillart]

2 hours ago, Blackstar said:

I think Thousand Oaks is just one of the "business addresses" (basically the address of managing company that manages Axl's business affairs - Axl is just one of their clients) that appeared in registrations for Axl's companies and that's why all these pages have it.

EDIT: I see there are two Thousand Oaks addresses in the skip tracing document, one is the business address and the other looks to be a house. In various database it looks like the resident of the house is Beta's other son.

 

Found that page again. Here's a screenshot of the "residences"

[Blackstar]

8 minutes ago, Avillart said:

 

Found that page again. Here's a screenshot of the "residences"

This Thousand Oaks address is the business address. The Sunset Blvd one is an old business address.

[W. Axl Kev]

On 5/9/2024 at 5:03 PM, Blackstar said:

Kennedy's lawyers have filed the opposition to Axl's motion:

https://iapps.courts.state.ny.us/nyscef/ViewDocument?docIndex=A_PLUS_Y556T3YllOkkHY0nmZ0g==

or

https://iapps.courts.state.ny.us/fbem/DocumentDisplayServlet?documentId=A_PLUS_Y556T3YllOkkHY0nmZ0g==&system=prod

It is accompanied by the affidavits or service and information about Axl's companies and business addresses (I suppose to show that they made all efforts to trace Axl's addresses).

Civil law presiding over this type of case is murky water. Much lower burden of proof and can often be decided without a jury. I think this will be settled out of court. Axl could be totally innocent and branded a rapist and forced to pay $100 Million or even more. The recent Trump/Jean Carroll case has set something of a financial precedent for a proven verdict so these lawsuits have flooded in since.

Axl says he's not guilty and I believe him, but you wonder if a jury and/or judge will find him to be a credible witness/defendant given his reputation and past (fair or not).

[Karice]

5 minutes ago, W. Axl Kev said:

Civil law presiding over this type of case is murky water. Much lower burden of proof and can often be decided without a jury. I think this will be settled out of court. Axl could be totally innocent and branded a rapist and forced to pay $100 Million or even more. The recent Trump/Jean Carroll case has set something of a financial precedent for a proven verdict so these lawsuits have flooded in since.

Axl says he's not guilty and I believe him, but you wonder if a jury and/or judge will find him to be a credible witness/defendant given his reputation and past (fair or not).

If Axl is forced to pay 100 Million, that's roughly HALF his net worth! 🥶😱😵‍💫😳

[Blackstar]

35 minutes ago, W. Axl Kev said:

Civil law presiding over this type of case is murky water. Much lower burden of proof and can often be decided without a jury. I think this will be settled out of court. Axl could be totally innocent and branded a rapist and forced to pay $100 Million or even more. The recent Trump/Jean Carroll case has set something of a financial precedent for a proven verdict so these lawsuits have flooded in since.

Axl says he's not guilty and I believe him, but you wonder if a jury and/or judge will find him to be a credible witness/defendant given his reputation and past (fair or not).

For the time being, Axl doesn't seem willing to settle. I think he'll first try every way to get it dismissed before it gets to trial. A lot will depend, if it goes all the way through the fact discovery stage, on whether there will be other witnesses besides Sheila Kennedy and Axl. For example, Riki Racthman is a key witness so it will be crucial whether he testifies and what he will say.