INTRODUCTION: An unhealthy obsession
For years, attention-seeking porn biz pariah Monica Foster, real name Alexandra Melody Mayers, has used the internet to stalk and terrorize anyone who dares take issue with her paranoid ramblings or suggest that she might be her own worst enemy.
On April 10th, the online terrorist and adult business washout known as Monica Foster was sued for defamation in Clark County, Nevada District Court by one of her frequent victims, Jennifer Randazza.
The basis of the suit is a series of tweets and blog posts by Foster in which she claims that Mrs. Randazza — a school teacher — had been engaging in prostitution, organized crime, and pornography.
Foster’s defense was that she had received “an electronic communication” from someone claiming to be Jennifer Randazza — and who Foster believed to be Jennifer Randazza — and was merely repeating what was contained in the communication.
Foster has never produced the text of any such communications, and the case comes down to this: 1) whether Foster ever actually received any “electronic communications” containing the charges she made publicly, and 2) if she did receive such an “electronic communication”, whether Foster was right to have relied on a communication of such flimsy authenticity.
Foster filed a Motion To Dismiss the case, and at a July 1 hearing on the Motion, Foster admitted she could not provide the “electronic communications” which lay at the heart of her case. Foster’s Motion was denied, with the judge saying, “It’s too bad these emails don’t exist,” and Randazza’s case now proceeds against her.
Part 1: A little Civil Procedure 101
The pleading that starts a civil case is called the Complaint. It’s a document that sets forth a jurisdictional basis for the court’s power, the plaintiff’s cause of action, and a demand for judicial relief. A complaint must state all of the plaintiff’s claims against the defendant, and must also specify what remedy the plaintiff wants.
After receiving a plaintiff’s complaint, a defendant must respond with a pleading called an Answer. In the Answer, the defendant must address each allegation in the Complaint, although many jurisdictions allow defendants to make a general denial of all allegations in the Complaint.
A typical Answer denies most or all of the plaintiff’s allegations, may admit some of the plaintiff’s allegations, and/or claims complete defenses to allegations that are not denied.
Here is an excerpt from a proper Answer:
Jennifer Randazza’s Complaint, alleging Defamation and “False Light” may be found here.
As you can see, it contains some procedural stuff, a few relevant facts about the case, and two “Causes of Action” containing specific assertions relating to Foster’s actions.
After Foster’s Motion To Dismiss the case was denied on July 1st, she sat down to write an Answer.
And what did Foster electronically file with the court on July 10th?
Nearly 100 pages of exhibits attached to a 12-page document entitled “Answer” that FAILS TO SPECIFICALLY DENY, ADMIT, OR EVEN FULLY ACCOUNT FOR, THE ALLEGATIONS IN RANDAZZA’S COMPLAINT — nor does it lay out any of Foster’s legal defenses.
Instead, this incredible document represents Foster’s latest incoherent rant which, like her Motion To Dismiss, reads like a catalog of random neural firings related to her perceived grievances about the adult entertainment industry, attorney Marc Randazza and Mr. Randazza’s clients. It has little or nothing to do with Jennifer Randazza or the claims at issue.
Part 2: The Non-Answering Answer
We’re omitting the reams of exhibits — this is Foster’s “Answer”
Nice shout out to disgraced blogger Mike South by hate site owner Monica Foster. What else has Foster said about South?
Back to Foster’s “Answer”…
The Shelley Lubben reference is funny, in light of these and many other tweets:
Back to Foster’s “Answer”…
Randazza v. Mayers A-14-699072-C, District Court, Clark County, Nevada, Eighth Judicial District, Department 32
Big thank you to Dr. Cindi Spiegler