Clayton Morris seeks over $7 Million from James Wise for Film

[James Wise]

Clayton Morris is seeking $7,176,000 in damages from me & HoltonWiseTV for releasing the documentary about the Real Estate scam allegations involving him, Morris Invest & recently indicted Bert Whalen.

[Account Closed]

@James Wise good for you for speaking out and warning others about a scam artist.

[Jay Hinrichs]

Originally posted by @Jerry W.:

@James Wise, obviously you need an attorney from the state where this is filed.  However you I have a few thoughts on this.  First see if you can come up with a countersuit.  I am sure there should be a few places.  Next see if you can dig a bunch of folks who are suing him to file a Lis pendens on any possible damages in the suit to make it clear he will never see a dime.  then set in and get ready for depositions of him.  Be ready to have have him have to answer the questions of every person he helped dupe.  Make him answer questions about how he was involved in every deal of every person who got duped.  make him show every penny he has made in the last 3 years and the source of it.  that will really help the folks who he duped go after him.  make him show every person and every document that shows anyone would pay him money.  Bring those people in and ask every reason they cancelled his appearance.  Ask each potential forum if they would pay for him to speak knowing the ongoing investigation.  Make him disclose every single paper he signed in the last 3 years dealing with the business and allegations.  these are just some thoughts off the top of my head.  Keep in mind that truth is an absolute defense.  It really doesn't matter how bad the video makes him look as long as it contains the truth, even speculation is allowed in reason.  While deposing him have people he cheated come into the room.  Ask him to see if he identifies them.  Have written statements from them about how he helped cheat them for him to admit or deny.  Make him face 1,000 people he cheated, how they lost their life savings, etc.  Let him look into the eyes of those he destroyed financially and see the despair and hatred he caused.

In any event bud good luck.  We have bad apples in our business and I am grateful to those who point them out to save us from potentially costly mistakes.  People should be held accountable for their actions good or bad.  Make him personally appear for court hearings and depositions and be sure to have lots of folks he cheated be present to cheer him on.

Jerry this goes back a lot of years.. but I was on the receiving end of one of some litigation were i got wrapped in because i was the broker on the transaction.. the deal went sideways and the buyer was a syndication who was led by an arm chair attorney who had never practiced..  So the plantiffs were 45 people who in thier complaint said they relied on me etc etc.. Even though i did not represent them or knew or met any of them..  So I told my attorney since they are swearing in their complaint that relied on me. I told him set up depos for one day 10 minutes each get every one of them in there and ask them if they ever met me ( non did) ever communicate with me ( none did) etc etc.. once we did that the other attorney finally let me out for 5k which was all my exposure really was.. one of my prouder moments since it was my idea LOL

So on the flip side like you said when Clayton goes for depos Jim sends out depos and includes 10 minutes for as many victims of Morris that he can get to come..    ???????   :)

[Alan Dunlap]

@James Wise

Not a lawyer but if this moves forward won’t depositions have to take place? If so, doesn’t Morris have to come back to US to be deposed?

[Jay Hinrichs]

Originally posted by @Alan Dunlap:

@James Wise

Not a lawyer but if this moves forward won’t depositions have to take place? If so, doesn’t Morris have to come back to US to be deposed?

Video depo's are done.. not sure if he would be required to come back.. in another case i got wrapped into between a Chinese billionaire and a CA big developer..  Same thing I was just a broker on a housing project.. those two players got sideways the off short investor sued all of us.. from the janitor  land scaper  every contractor and me as the broker.. it went on for a number of years but end of the day he would never submit to discovery and depo.. Case was dismissed by special master .. it was a civil Rico deal.. and the law firm representing him got sanctioned for legal fee's that they appealed all the way to the 9th circuit and lost.. so my name is in that case in the 9th circuit.. LOL 

[Alan Dunlap]

@Jay Hinrichs

Whether Morris is deposed in person or by video,he can be asked questions that he probably doesn’t want on record.

Plus I would think some district attorneys would like to get their hands on that deposition.

[Jay Hinrichs]

Originally posted by @Alan Dunlap:

@Jay Hinrichs

Whether Morris is deposed in person or by video,he can be asked questions that he probably doesn’t want on record.

Plus I would think some district attorneys would like to get their hands on that deposition. 

I am not an attorney or an expert.. but I wonder if he would just take the 5th on those questions.. ???

[James Wise]

Originally posted by @Jay Hinrichs:

Originally posted by @Alan Dunlap:

@Jay Hinrichs

Whether Morris is deposed in person or by video,he can be asked questions that he probably doesn’t want on record.

Plus I would think some district attorneys would like to get their hands on that deposition. 

I am not an attorney or an expert.. but I wonder if he would just take the 5th on those questions.. ???

I'd imagine there would be a fair amount of the 5th.

[Roni E.]

Definitely would make some unique depositions in this case.

[Richard Bonisa]

@James Wise Great work!  This is unreal!  Why would any investor want to work with a person or entity that was so litigious?  Crazy.  I've followed your work.  You are doing a great service!

[Jerry W.]

@Jay Hinrichs, @James Wise, you can take the 5th during a deposition, but is my understanding that you can argue to the judge or jury that it can then be used as evidence against them.  In a criminal case it is absolutely prohibited to comment on the right to remain silent, you can be sanctioned for it, but in a civil case you can beat that thing like a base drum.

[James Wise]

Originally posted by @Jerry W.:

@Jay Hinrichs, @James Wise, you can take the 5th during a deposition, but is my understanding that you can argue to the judge or jury that it can then be used as evidence against them.  In a criminal case it is absolutely prohibited to comment on the right to remain silent, you can be sanctioned for it, but in a civil case you can beat that thing like a base drum.

Well then.............

[James Wise]

Originally posted by @Richard Bonisa:

@James Wise Great work!  This is unreal!  Why would any investor want to work with a person or entity that was so litigious?  Crazy.  I've followed your work.  You are doing a great service!

[Richard Bonisa]

The sad thing on this is - I will just bet somewhere there is extremely limited liability.  Probably buried somewhere deep in the fine print.  I've seen companies built on that premise before.  Of course, there's some good business sense in there when it's done that way, so in terms of that - it's a good protection.  Problem with it is - it significantly reduces the responsibility to perform.  It also severely reduces client ability to go after a company if they have received erroneous information. 

I also believe in communication and free speech, so I'm really hoping this lawsuit has no teeth.  Like I've said before, who wants to work with someone that goes out in public and threatens litigation, or likes to use the threat of litigation as a scare tactic.  IMO, I would bypass working with those like Mr. Morris who are suit happy. 

[James Wise]

Originally posted by @Richard Bonisa:

The sad thing on this is - I will just bet somewhere there is extremely limited liability.  Probably buried somewhere deep in the fine print.  I've seen companies built on that premise before.  Of course, there's some good business sense in there when it's done that way, so in terms of that - it's a good protection.  Problem with it is - it significantly reduces the responsibility to perform.  It also severely reduces client ability to go after a company if they have received erroneous information. 

I also believe in communication and free speech, so I'm really hoping this lawsuit has no teeth.  Like I've said before, who wants to work with someone that goes out in public and threatens litigation, or likes to use the threat of litigation as a scare tactic.  IMO, I would bypass working with those like Mr. Morris who are suit happy. 

 Pure speculation here but I think that if one really thinks that their liability is extremely limited I don't see them fleeing the USA.

[Account Closed]

Originally posted by @James Wise:

Originally posted by @Richard Bonisa:

The sad thing on this is - I will just bet somewhere there is extremely limited liability.  Probably buried somewhere deep in the fine print.  I've seen companies built on that premise before.  Of course, there's some good business sense in there when it's done that way, so in terms of that - it's a good protection.  Problem with it is - it significantly reduces the responsibility to perform.  It also severely reduces client ability to go after a company if they have received erroneous information. 

I also believe in communication and free speech, so I'm really hoping this lawsuit has no teeth.  Like I've said before, who wants to work with someone that goes out in public and threatens litigation, or likes to use the threat of litigation as a scare tactic.  IMO, I would bypass working with those like Mr. Morris who are suit happy. 

 Pure speculation here but I think that if one really thinks that their liability is extremely limited I don't see them fleeing the USA.

 That's slander James - that will be another $10,000 added to the lawauit...

[Richard Bonisa]

Good point.  You've probably seen the contracts on these things with his clients.  Did he have a lot of fine print and "I'm not responsible" clauses?  I'm just not aware of how these contracts were structured, what rehab contracts or agreements were in place.  I don't know how their standard deals were structured.  

I had talked to quite a few of his clients.  The issues were mainly about the class of property purchased and a lot about the idea that they paid for a rehab and no rehab ever took place, some cases minimal and with zero or false reporting and documentation on what was going on. 

You know what - we should all just watch your video again!  Think I will do that tonite.

[Account Closed]

Originally posted by @Richard Bonisa:

Good point.  You've probably seen the contracts on these things with his clients.  Did he have a lot of fine print and "I'm not responsible" clauses?  I'm just not aware of how these contracts were structured, what rehab contracts or agreements were in place.  I don't know how their standard deals were structured.  

I had talked to quite a few of his clients.  The issues were mainly about the class of property purchased and a lot about the idea that they paid for a rehab and no rehab ever took place, some cases minimal and with zero or false reporting and documentation on what was going on. 

You know what - we should all just watch your video again!  Think I will do that tonite.

 I actually put the video on just for audio - it's amazing how much you can take in by just listening to the audio without watch the video.

[James Wise]

Originally posted by @Account Closed:

Originally posted by @James Wise:

Originally posted by @Richard Bonisa:

The sad thing on this is - I will just bet somewhere there is extremely limited liability.  Probably buried somewhere deep in the fine print.  I've seen companies built on that premise before.  Of course, there's some good business sense in there when it's done that way, so in terms of that - it's a good protection.  Problem with it is - it significantly reduces the responsibility to perform.  It also severely reduces client ability to go after a company if they have received erroneous information. 

I also believe in communication and free speech, so I'm really hoping this lawsuit has no teeth.  Like I've said before, who wants to work with someone that goes out in public and threatens litigation, or likes to use the threat of litigation as a scare tactic.  IMO, I would bypass working with those like Mr. Morris who are suit happy. 

 Pure speculation here but I think that if one really thinks that their liability is extremely limited I don't see them fleeing the USA.

 That's slander James - that will be another $10,000 added to the lawauit...

 Lol don't undershoot my boy Clay. If emotional distress is $1,000/day I would think that he'd make this number much higher.

[James Wise]

Originally posted by @Richard Bonisa:

Good point.  You've probably seen the contracts on these things with his clients.  Did he have a lot of fine print and "I'm not responsible" clauses?  I'm just not aware of how these contracts were structured, what rehab contracts or agreements were in place.  I don't know how their standard deals were structured.  

I had talked to quite a few of his clients.  The issues were mainly about the class of property purchased and a lot about the idea that they paid for a rehab and no rehab ever took place, some cases minimal and with zero or false reporting and documentation on what was going on. 

You know what - we should all just watch your video again!  Think I will do that tonite.

 Perfect for date night.

[James Wise]

Originally posted by @James Wise:

Originally posted by @Richard Bonisa:

Good point.  You've probably seen the contracts on these things with his clients.  Did he have a lot of fine print and "I'm not responsible" clauses?  I'm just not aware of how these contracts were structured, what rehab contracts or agreements were in place.  I don't know how their standard deals were structured.  

I had talked to quite a few of his clients.  The issues were mainly about the class of property purchased and a lot about the idea that they paid for a rehab and no rehab ever took place, some cases minimal and with zero or false reporting and documentation on what was going on. 

You know what - we should all just watch your video again!  Think I will do that tonite.

 Perfect for date night.

 Who knows, maybe even a good option for those young guns out there looking to "Netflix & Chill."

[Joe Splitrock]

Originally posted by @Jerry W.:

@Jay Hinrichs, @James Wise, you can take the 5th during a deposition, but is my understanding that you can argue to the judge or jury that it can then be used as evidence against them.  In a criminal case it is absolutely prohibited to comment on the right to remain silent, you can be sanctioned for it, but in a civil case you can beat that thing like a base drum.

 This is the problem with his civil suit. He can take the 5th, but it can be used against him. Let's say you ask him if he transacted real estate without a license. He takes the 5th and your attorney can just argue that the answer was yes, otherwise he would not take the 5th. He is also creating a court record of statements that could be used in future criminal proceedings. 

Even innocent people can get wrapped up in perjury charges. That is why a good attorney will tell their client to stop talking. 

[James Wise]

Originally posted by @Joe Splitrock:

Originally posted by @Jerry W.:

@Jay Hinrichs, @James Wise, you can take the 5th during a deposition, but is my understanding that you can argue to the judge or jury that it can then be used as evidence against them.  In a criminal case it is absolutely prohibited to comment on the right to remain silent, you can be sanctioned for it, but in a civil case you can beat that thing like a base drum.

 This is the problem with his civil suit. He can take the 5th, but it can be used against him. Let's say you ask him if he transacted real estate without a license. He takes the 5th and your attorney can just argue that the answer was yes, otherwise he would not take the 5th. He is also creating a court record of statements that could be used in future criminal proceedings. 

Even innocent people can get wrapped up in perjury charges. That is why a good attorney will tell their client to stop talking. 

 Ohhh no, I can see the blog now....."Our latest Soul Challenge is due to the liberal Court System wrapping us into perjury."

[Account Closed]

Originally posted by @James Wise:

Originally posted by @Joe Splitrock:

Originally posted by @Jerry W.:

@Jay Hinrichs, @James Wise, you can take the 5th during a deposition, but is my understanding that you can argue to the judge or jury that it can then be used as evidence against them.  In a criminal case it is absolutely prohibited to comment on the right to remain silent, you can be sanctioned for it, but in a civil case you can beat that thing like a base drum.

 This is the problem with his civil suit. He can take the 5th, but it can be used against him. Let's say you ask him if he transacted real estate without a license. He takes the 5th and your attorney can just argue that the answer was yes, otherwise he would not take the 5th. He is also creating a court record of statements that could be used in future criminal proceedings. 

Even innocent people can get wrapped up in perjury charges. That is why a good attorney will tell their client to stop talking. 

 Ohhh no, I can see the blog now....."Our latest Soul Challenge is due to the liberal Court System wrapping us into perjury."

 “It’s not a lie if you believe it.” - George Constanza

[James Wise]

 This is the problem with his civil suit. He can take the 5th, but it can be used against him. Let's say you ask him if he transacted real estate without a license. He takes the 5th and your attorney can just argue that the answer was yes, otherwise he would not take the 5th. He is also creating a court record of statements that could be used in future criminal proceedings. 

Even innocent people can get wrapped up in perjury charges. That is why a good attorney will tell their client to stop talking. 

 Ohhh no, I can see the blog now....."Our latest Soul Challenge is due to the liberal Court System wrapping us into perjury."

 “It’s not a lie if you believe it.” - George Constanza

"It's a total disaster. The total business collapses , doesn't work and it takes a major hit to your reputation and you get punched in the face as a result of it. You're a laughing stock of losers on the internet, you know these keyboard cowboys who've never done anything in their life but they hang out on the internet all day. These types of losers now look down on you, they're making fun of you and your reputation takes a hit as a result of it. Guess what, it doesn't matter." - Clayton Morris

[Account Closed]

Originally posted by @James Wise:

Originally posted by @Account Closed:

Originally posted by @James Wise:

Originally posted by @Joe Splitrock:

Originally posted by @Jerry W.:

@Jay Hinrichs, @James Wise, you can take the 5th during a deposition, but is my understanding that you can argue to the judge or jury that it can then be used as evidence against them.  In a criminal case it is absolutely prohibited to comment on the right to remain silent, you can be sanctioned for it, but in a civil case you can beat that thing like a base drum.

 This is the problem with his civil suit. He can take the 5th, but it can be used against him. Let's say you ask him if he transacted real estate without a license. He takes the 5th and your attorney can just argue that the answer was yes, otherwise he would not take the 5th. He is also creating a court record of statements that could be used in future criminal proceedings. 

Even innocent people can get wrapped up in perjury charges. That is why a good attorney will tell their client to stop talking. 

 Ohhh no, I can see the blog now....."Our latest Soul Challenge is due to the liberal Court System wrapping us into perjury."

 “It’s not a lie if you believe it.” - George Constanza

"It's a total disaster. The total business collapses , doesn't work and it takes a major hit to your reputation and you get punched in the face as a result of it. You're a laughing stock of losers on the internet, you know these keyboard cowboys who've never done anything in their life but they hang out on the internet all day. These types of losers now look down on you, they're making fun of you and your reputation takes a hit as a result of it. Guess what, it doesn't matter." - Clayton Morris

 Where did you get that quote? As far as I can tell, it does matter. Look at the lawsuit he's filed against you. Lost partnership deals, lost revenue from this and from that. He's crying about lost opportunities and lost potential for making money and at the same time he's saying it doesn't matter? This guy talks out both sides of his mouth...