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Indybay Feature
Misstatements Regarding the "Pacifica Lawsuit"
by Akio Tanaka
Friday Oct 22nd, 2021 5:54 PM
Pacifica did file a complaint against New Day; however there has not been any court judgment on the complaint.
Recently there was an article posted on Indybay (10/17/21): ‘The Lies & Falsification Of Pacifica's "New Day" Exposed By Lawsuit Judgement’

The article claimed that “the Pacifica Foundation sued [New Day] and won a court judgment on all counts.”

Pacifica did file a complaint against New Day, which asked for the the election result to be upheld and tried to enjoin New Day from contesting the result of the election, and also asking for damages, however, beyond that, the reporting in the article was essentially fact free.

Pacifica members voted for the New Day Bylaws by a solid and democratic majority (6820 to 5471), and the members have the right to ascertain that their vote were counted according to the Bylaws, which they are naturally pursuing in court.
There has been no hearing on the complaint, so there are no judgements on the complaint.

On October 15th, The court only heard and denied a routine motion to transfer the matter to Alameda County.

A major victory occurred on that same day, however, Pacifica has not murmured a word about it. Three of the people who would/will become officers when/if the New Day Bylaws are validated by the court were dismissed by Pacifica from the law suit. This was a significant triumph, skillfully achieved without even going to court, because Pacifica was convinced by their lawyers that these people were wrongfully sued and could recover major damages from Pacifica if they were not immediately dismissed from the case.
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