Court denies Michael Laurato's motion for rehearing and rules in favor of DeMichelle Deposition Reporters.....again, again and again!

2011-11-02T09:48:00.000-07:00

1-20-12

This is the original case filed in Tampa, Florida after winning my Small Claims case in Fairfield, CA against Michael Laurato, Esq. and Austin & Laurato PA. for not paying my court reporting invoice from August of 2007.

To view cases below, click on the case number, then click on Civil Court Progress Dockets. Type in my last name, DeMichelle, first name, Susan. Click on Search.

09-CC-006533 DEMICHELLE DEPOSITION VS AUSTIN & LAURATO PA
03/03/2009
Division M
Lucas, Matthew C

SC Foreign Judgment
Closed

When Laurato was served papers in Tampa, Florida with reference to the Foreign Judgment, he turned around and sued me claiming he was not served properly (which he claims in most cases where people have sued him.) Yes, folks, this has been going on since August of 2007. Michael Laurato will fight you tooth and nail not to pay invoices that he owes yet he receives thousands and thousands of dollars from the insurance company on this case representing a relative. Will he pay the court reporter who spent her time reporting the deposition, swearing in the witness and preparing the transcript which he verbally ordered and is in the record of the transcript? No! The transcripts, the Certified Original and the Certified Copy, a disk of the transcript and an E-Transcript are all in his possession and he (Laurato) feels he is 3,000 miles away and doesn't have to pay anyone, yet he uses and abuses his Florida Bar License trying every trick in the law book suing me and lies to the Florida Bar with respect to the sequence of events not to pay the invoice.

Visit Neil Gillespie's website The Justice Network and read ALL ABOUT Michael Laurato, Esq. under the Attorney Misconduct tab.

12-23-11: Well Merry Christmas Michael Laurato. MICHAEL V LAURATO vs SUSAN DEMICHELLE Laurato shut down again on case number 09-CC-023761 Declaratory Judgment was reopened and Laurato was shut down AGAIN!

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12/23/2011 MANDATE (AFFIRMED)
CERT COPY - MOTIONS FOR REHERING AND OPIINION DENIED

12-22-11:

10-CA-024210 AUSTIN & LAURATO PA VS DEMICHELLE;S

12/27/2010

Division X

Panel, Judge

Appeal Final Order

Open

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12/06/2011			ORDER ON ORDER ON MOTION FOR REHEARING AND MOTION FOR WRITTEN OPINION. (DENIED) (ORDERED DECEMBER 2, 2011)
12/22/2011			MANDATE (AFFIRMED)

12-6-11: This case has been pending and in its 5th year now. Michael Laurato, Esq. has repeatedly filed unmeritorious motions, pleadings and other papers engaged in tactics that are frivolous and solely intended to cause unnecessary delay and monetary harm to DeMichelle Deposition Reporters of Northern CA which comes under the category of "vexatious litigation." Not only is he overburdening the court with his frivolous challenges, and me with unnecessary vexatious litigation costs in defending against his meritless motions and appeals, Michael Laurato continues to harass me over a $481 invoice dating back to 2007 that he owes my firm for court reporting services, contracting with my office to hire a court reporter for a deposition and ordering a copy of the deposition on the record on page 36.

Michael Laurato, Esq., Ardyn Cuchel, Esq. both in Tampa and Howard J. Levine, Esq. in Miami, maybe your next step is to take my little $481 2007 invoice to Michael Laurato and Austin & Laurato P.A. to the Supreme Court..........or better yet, maybe you can write to the President of the United States, but I doubt that even he will help you or would even want to help you! So what is your next step in trying to demolish my court reporting firm in California? All three of you need to be reprimanded by the Florida State Bar for using and abusing your Bar License.

You order telephone service for your home or office; you pay for it. You order gas and electric for your home or office; you pay for it. You order garbage service for your home or office; you pay for it. You bid on a race horse at an auction; you pay for it up front. So why is it that this wealthy (okay, maybe not wealthy, but tries to act like it), race horse owner, cigar sucking Florida attorney who uses and abuses his Florida Bar License on a continuous basis thinks he doesn't have to pay for a court reporter, feels he is exempt from the justice system, when he contracts with a deposition firm clear across the United States, 3,000 miles away from Tampa?

Vexatious litigation is legal action which is brought, regardless of its merits, solely to harass or subdue an adversary. It may take the form of a primary frivolous lawsuit or may be the repetitive, burdensome, and unwarranted filing of meritless motions in a matter which is otherwise a meritorious cause of action. Filing vexatious litigation is considered an abuse of the judicial process and may result in sanctions against the offender.

A single action, even a frivolous one, is not enough to raise a litigant to the level of being declared vexatious, though repeated and severe instances by a single lawyer or firm can result in eventual disbarment. (My Christmas wish for you Michael Laurato, Ardyn Cuchel, Esq. and Howard J. Levine, Esq.)

Miami, Florida Case

Here is Michael Laurato's defamation lawsuit against me in Miamai, Florida with his good buddy Howard J. Levine, Esq. helping him. Type in DeMichelle, Susan at "Party Name" and click on search. My advice to Howard J. Levine, Esq......... bottom line: Stop Michael Laurato, Esq. from harassing me and I will stop blogging about Michael Laurato, Esq. Pretty simple! Howard J. Levine, Esq. in Miami, Florida is just as responsible for all this just as Ardyn Cuchel, Esq. is in Tampa, Florida.

Tampa, Florida Case (From Small Claims Case in Fairfield, CA to Foreign Judgment to Laurato's Appeal)

Please check out all the info in each of these cases and see what Michael Laurato has put me through since 2007. Click on Civil Clerk Progress Dockets. Under the Party Information, type in DeMichelle and then Susan and click on search.

And if Michael Laurato continues with his defamation lawsuit in of all places Miami, Florida with his good buddy Howard J. Levine, Esq., I'm sure the Court will also tell Michael Laurato to take a hike back to Tampa, Florida, stop harassing the California court reporter and the California court reporter will stop blogging about Michael Laurato, Esq. In other words, Laurato, move on with your reckless vexatious actions, horse racing hobby and cigar sucking life and stop trying to ruin everyone's life you come in contact with.

I filed Small Claims in CA and received a Judgment of $641. I then filed a Foreign Judgment in Tampa, Florida to collect on the monies owed to DeMichelle. Michael Laurato, Esq. turns around and sues me. Unbelievable, right? Wrong. This cigar sucking, wealthy, (oh, that's right; he just acts like he's wealthy) reckless race horse owner sues me because I filed the Small Claims as Michael Laurato, Esq. dba Austin & Laurato P.A. and proceeds with a Declaratory Action stating that he (Michael Laurato) is not doing business as Austin & Laurato P.A. I won my case in Tampa, Florida on October 25, 2010. Michael Laurato appeals the decision. On November 7, 2011 I won my case again. Laurato doesn't like a lady beating him in any legal decision, so he files a motion for a rehearing and a motion for a written opinion, motion after motion after motion.

Again, the court rules in my favor and denies Michael Laurato a rehearing and denies the motion for written opinion.

Michael Laurato, stop harassing me and stop using up valuable time of the judges in our courts. Michael Laurato's famous words in his office, "Michael does not pay. Michael does not pay. You can sue me as many times as you like, but Michael does not pay." Michael Laurato eventually will pay, and hopefully for the $13,000 in attorney fees he has burdened me with, over $3,000 in travel for the October 25, 2010 hearing he made me attend in Tampa, Florida and hopefully will end up paying for all the filing fees, etc. Just how much has Michael Laurato spent in suing me for my invoice to him????? Thousands of dollars. Then again, he most likely does not pay Ardyn Cuchel, Esq. in Tampa or Howard J. Levine in Miami, Florida, his good buddies and colleagues.

Like I said, Michael Laurato is a vexatious litigant and hopefully the court finds him as such. If Michael Laurato didn't or doesn't want me blogging about his unethical, reckless legal tactics, then he should have paid my invoice in 2007, not lied to me about a "phantom trial" that was coming up why he needed the transcripts before the trial but did not want to pay an expedite fee (which I did not charge him for) yet there never was a trial, nor was one scheduled. He lied about the trial. He lied to the Florida Bar numerous times about what transpired since 2007. Just who in hell did he think was going to pay for the court reporter he scheduled to report the deposition? Who in hell did he think was going to pay for the transcript he ordered to have delivered before the "phantom trial" that the court reporter prepared (which I might add is still in Laurato's possession)? Michael Laurato did receive the Certified Original for the judge and Certified Copy of the transcripts via UPS C.O.D. but he refused the delivery and told the UPS driver to return them to CA. This was all part of his legal tactics to say "I didn't receive the transcripts in time for the trial so I'm not paying for them" when in reality (which most of us live in except Laurato) Laurato did receive the transcripts on that Thursday before the so called Monday phantom trial. He even received the electronic e-transcript the day before on Wednesday.

Gee, this sounds just like the Plantation shutters lawsuit that Laurato started (See Colleen Jenkins article, Brash Tampa Attorney below) saying he didn't receive his shutters in time for a Christmas party and was bummed about not being able to kiss a beautiful lady under the mistletoe next to the Plantation shutters because they haven't arrived yet. OMG! Well Laurato lost that case and ended up paying over $40,000 in attorney fees and for the Plantation shutters. Imagine that! The Florida Bar reprimanded Laurato and Laurato had to pay out more fees in excess of $4,000 to the Florida Bar.

11/07/2011 OPINION FILED

OPINION FILED (11/03/11) AFFIRMED (09-CC-023761)

11/16/2011 MOTION FOR REHEARING

AND REQUEST FOR WRITTEN OPINION

12/01/2011 FILE SENT TO

STAFF ATTORNEY-ARI

12/05/2011 ORDER ON

MTN FOR REHEARING & MTN FOR WRITTEN OPINION- BCS 12/1/11

12/06/2011 ORDER ON

ORDER ON MOTION FOR REHEARING AND MOTION FOR WRITTEN OPINION. (DENIED) (ORDERED DECEMBER 2, 2011)

Note: See all motions and filings below!

WANTED: One VERY aggressive lawyer willing to go after Michael Laurato in Tampa, Florida for Malicious Prosecution, vexatious litigation and put an end to all of this! Please email me at susan@demichelle.com Brian Stayton, Esq. is very willing to be our "star" witness.

Visit Neil Gillespie's website The Justice Network and read ALL ABOUT Michael Laurato, Esq. under the Attorney Misconduct tab.

Visit the website of the Miami Mirror-True Reflections article "Bombs Away Lawyer" written by David Arthur Walters about Michael Laurato, Esq.(with reference to the article below entitled Brash Tampa Lawyer Attracts Attention Both Good and Bad!)

11-28-11 Well, it's pretty obvious Michael Laurato really enjoys and likes being a part of my life and my court reporting business. I love you too, Michael! As long as Michael Laurato continues to harass me since 2007 over a $481 invoice from my court reporting office, I will continue to blog about Michael Laurato, Esq. What a piece of work! Michael Laurato has now filed a motion for a rehearing in the Tampa case. I don't care where I am and what country I will be living in, I will BLOG about Michael Laurato, Esq. as long as he continues to harass me. This man has NO scruples whatsoever. He hates it when women beat him in legal proceedings.

Michael Laurato, you filed a defamation lawsuit against me to pull my blog off the internet in of all places Miami, Florida, only because you didn't want the Hillsborough County judges, attorneys, secretaries and paralegals knowing what you were doing in Miami to me. I voluntarily took the posts off the blog since the judge in Tampa, Hillsborough County ruled in my favor........... AGAIN, and I really thought we could end all this, but NO, NO, you just continue to harass me. Let me get one thing perfectly straight Michael Laurato! As long as you continue to harass me and keep filing motion after motion, I WILL KEEP THIS BLOG UP AND RUNNING. You really are some piece of work! You have no morals or scruples. How in the hell did you EVER become an attorney and how in the hell did the Florida Bar ever give you a license to practice MISUSE and ABUSE of your Bar License. You may have 10 or 12 race horses on the circuit winning lots of money, but you still continue to abuse your veterinarian Joan Hinken who worked on your race horse all because you didn't want to pay a $3,964.12 vet bill. You are doing the same thing to your vet Joan Hinken in Chicago, Illinois as you are doing to me. Oh that's right, your famous quote, "Michael does not pay! Michael does not pay! You can sue me as many times as you want, but Michael does not pay!"

Bottom line Michael Laurato: You keep filing motion after motion and appeal after appeal, I will continue to have this blog up. Stay tuned for more folks. I will be putting all the posts back up and running soon. BTW Michael Laurato............ is this really the only way you can make money is by suing the people you owe money to and trying to collect on your attorney fees????? You really are some dishonest, vicious, evil piece of work! Was your childhood really that bad that you have to take it out and try and ruin so many innocent, hard working people that are trying to make a living in this world?
**** Brash Tampa Lawyer Attracts Attention Both Good and Bad! If there is good in this man, I would like to know about it because I sure as hell don't see it!

11/16/2011

MOTION FOR REHEARING

AND REQUEST FOR WRITTEN OPINION

11-2-11

Dear Fellow Followers,

I have taken all the posts down about Michael Laurato, Esq. voluntarily. Having Michael Laurato interfere and be a part of my life since 2007 is not worth the paper, the time, the effort and everything else he has caused to destroy in my life and my business just because he can using his Bar License. I have moved on and I suggest Michael Laurato, Esq., Ardyn Cuchel, Esq. and Howard J. Levine, Esq. do the same! Hopefully he will pay his court reporters, not sue them because he owes money to them clear across the states or try to swindle the invoice down to nothing.

What goes around, comes around. His time will come. If you wish to email me about anything, please do not hesitate to do so. By the way, everything from my blog is saved and stored for safe keeping until.................

One other thing.......... Michael Laurato and Austin & Laurato PA lost their last appeal with reference to the Hillsborough County, Tampa case. The Florida District Court affirmed my Solano County, Fairfield, CA court judgement and that I am victorious in upholding the ruling against Austin and Laurato's firm. Laurato has spent thousands of dollars since 2007 fighting an invoice from my court reporting firm for $461 that he didn't want to pay.

Note: Not only did Michael Laurato, Esq spend $431 to appeal the hearing that the judge ruled in favor of me last October 25, 2010; he paid over $500 to the court reporting firm to receive a transcript of the October 25, 2010 hearing. (At least he paid that Tampa Court Reporting firm for the transcript. Oh yes, he had to pay the money up front before the court reporter would even start on the transcript.) Maybe he should take this to the Supreme Court! Maybe he can write to the president of the United States and take it up with the White House staff! All over an original 2007 $481 invoice. I didn't even mention how much he spent on filings, other appeals and how much he spent to have his day in court on October 25, 2010. Oh, that's right. He didn't even show up. Ardyn Cuchel, Esq. appeared on his behalf.

Laurato Arrested for Disorderly Conduct

Michael V. Laurato, Esq.

Laurato is on the right! I wish I had a lion! Oh, I forgot. I do have a lion's head as a door knocker. Does that count?

Sincerely and Retiring out of the Country,

Susan DeMichelle
California Certified Shorthand Reporter #3095 and proud of it!
Since 1975

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Case Summary

Case No. 10-CA-024210

AUSTIN & LAURATO PA VS DEMICHELLE;S

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Case Type:	Appeal Final Order
Date Filed:	12/27/2010
Location:	Division X
Judicial Officer:	Panel, Judge
Uniform Case Number:	292010AP024210A001HC

Party Information

		Attorneys
Defendant	DEMICHELLE, SUSAN

Defendant Doing Business As	DEMICHELLE DEPOSITION REPORTERS OF NORTHERN CA

Plaintiff	AUSTIN & LAURATO PA	ARDYN V CUCHEL Retained 813-253-3051(W)

Events & Orders of the Court

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OTHER EVENTS AND HEARINGS

12/20/2010

APPEAL FROM COUNTY CIVIL TO CIRCUIT CIVIL

USER ID=ANDERSOD

12/27/2010

WRITTEN DIRECTIONS TO THE CLERK

USER ID=ANDERSOD

12/27/2010

PANEL 20 DIVISIONS H A L

USER ID=ANDERSOD

12/27/2010

CONVERTED EVENT

RCPT - RECEIPT. 27-DEC-2010,$287.00, User Id = ANDERSOD, Receipt No = 1961416. USER ID=ANDERSOD

12/28/2010

ACKNOWLEDGEMENT OF NEW CASE

APPEAL FROM COUNTY CIVIL CASE 09-CC-23761. USER ID=STANLEYB

02/25/2011

MOTION FOR EXTENSION OF TIME

USER ID=KANTAKDE

03/25/2011

TRANSCRIPT FILED

FINAL HEARING (NON-JURY) HELD BEFORE HON. ERIC R. MYERS. USER ID=STANLEYB

04/06/2011

APPEAL FILING AND OR PREPARATION FEE DUE

$144.88. USER ID=MOLINAIS

04/06/2011

APPEAL PREPARED

1 VOLUME PREPARED. USER ID=MOLINAIS

04/06/2011

APPEAL CASE PREPARED FOR COURT

INDEX FILED. USER ID=MOLINAIS

04/06/2011

FEE LETTER SENT

INVOICE. USER ID=MOLINAIS

04/14/2011

PREPARATION FEE PAID

AMOUNT PAID-$144.88. USER ID=STANLEYB

04/15/2011

CONVERTED EVENT

RCPT - RECEIPT. 15-APR-2011,$144.88, User Id = WIGGSJ, Receipt No = 2028103. USER ID=WIGGSJ

04/25/2011

INITIAL BRIEF FILED

ORIGINAL AND ONE COPY FILED. USER ID=STANLEYB

06/15/2011

ORDER ON - TO - FOR

ORDER TO FILE ANSWER BRIEF (ORDERED JUNE 14, 2011) (09-CC-023761). EM. USER ID=MANRESAE

07/07/2011

ANSWER BRIEF FILED

ORIGNAL FILED. NO COPIES.. USER ID=STANLEYB

08/12/2011

REQUEST FOR ORAL ARGUMENT

REQUEST FOR ORAL ARGUMENT. USER ID=MANRESAE

08/12/2011

AMENDED MOTION TO - FOR

APPELLANT'S AMENDED MOTION FOR EXTENSION OF TIME TO FILE REPLY BRIEF (AMENDED ONLY AS TO CASE NUMBERS). USER ID=MANRESAE

08/12/2011

MOTION TO STRIKE

APPELLANT'S MOTION TO STRIKE APPELLEE'S ANSWER BRIEF. USER ID=MANRESAE

08/12/2011

REPLY BRIEF

APPELLANT'S REPLY BRIEF. USER ID=MANRESAE

08/15/2011

ORDER GRANTING MOTION FOR EXTENSION OF TIME

ORDER GRANTING EXTENSION OF TIME TO FILE REPLY BRIEF (ORDERED AUGUST 15, 2011). EM. USER ID=MANRESAE

08/24/2011

ORDER DENYING MOTION

ORDER DENYING MOTION TO STRIKE ANSWER BRIEF (ORDERED AUGUST 25, 2011). EM. USER ID=MANRESAE

11/07/2011

OPINION FILED

OPINION FILED (11/03/11) AFFIRMED (09-CC-023761)

11/16/2011

MOTION FOR REHEARING

AND REQUEST FOR WRITTEN OPINION

12/01/2011

FILE SENT TO

STAFF ATTORNEY-ARI

12/05/2011

ORDER ON

MTN FOR REHEARING & MTN FOR WRITTEN OPINION- BCS 12/1/11

12/06/2011

ORDER ON

ORDER ON MOTION FOR REHEARING AND MOTION FOR WRITTEN OPINION. (DENIED) (ORDERED DECEMBER 2, 2011)

Financial Information



	Plaintiff AUSTIN & LAURATO PA
	Total Financial Assessment			431.88
	Total Payments and Credits			431.88
	Balance Due as of 12/09/2011			0.00

12/20/2010	Transaction Assessment			1.00
12/20/2010	Transaction Assessment			80.00
12/20/2010	Transaction Assessment			4.00
12/20/2010	Transaction Assessment			2.00
12/20/2010	Transaction Assessment			200.00
12/27/2010	Mail in payment	Receipt # 1961416	AUSTIN & LAURATO PA	(287.00)
12/27/2010	Transaction Assessment			3.00
04/06/2011	Transaction Assessment			0.88
04/06/2011	Transaction Assessment			144.00
04/15/2011	Mail in payment	Receipt # 2028103	AUSTIN & LAURATO PA	(144.88)

Unofficial Record

AGAIN, AGAIN and AGAIN Judge Rules in Favor of DeMichelle Deposition Reporters....................

Court denies Michael Laurato's motion for rehearing and rules in favor of DeMichelle Deposition Reporters.....again, again and again!