Mary Cummins files motion for malicious prosecution, abuse of process against Amanda Lollar, Bat World Sanctuary, Randy Turner attorney

I filed a motion for malicious prosecution and abuse of process against Amanda Lollar and Bat World Sanctuary. 

Cause No. 352-248169-10
BAT WORLD SANCTUARY and AMANDA LOLLAR,
Plaintiffs,
vs.
MARY CUMMINS,
Defendant Pro se
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IN THE DISTRICT COURT
TARRANT COUNTY, TEXAS
352nd JUDICIAL DISTRICT
MOTION FOR MALICIOUS PROSECUTION, ABUSE OF PROCESS

INTRODUCTION

     September 2010 Plaintiffs Amanda Lollar and Bat World Sanctuary filed suit against Defendant Mary Cummins for breach of contract and defamation. Defendant did not breach a contract or defame Plaintiffs. Plaintiffs had absolutely no legal basis for suing Defendant. Defendant was sued with malice in retaliation for reporting Plaintiffs to authorities. 
     June 11, 2012 trial will begin in the cause Amanda Lollar, Bat World Sanctuary v Mary Cummins. Defendant Cummins believes she will prevail in this matter and submits this motion to be heard at the end of the trial.

Cause of Action 1 – Malicious Prosecution     

     The essential elements of a claim for malicious prosecution are: (1) the institution of proceedings against the plaintiff; (2) by or at the insistence of the defendant; (3) malice in the commencement of the proceeding; (4) lack of probable cause for the proceeding; (5) termination of the proceeding in plaintiff’s favor; and (6) damages to the plaintiff.  Tex. Beef Cattle Co. v. Green, 921 S.W.2d 203, 207 (Tex.1996).  
     Plaintiffs Amanda Lollar, Bat World Sanctuary instituted this cause of action with malice. Their case lacked probable cause which caused financial and other damage to Defendant Cummins.

Cause of Action 2 – Abuse of Process

     The essential elements of a claim for the tort of abuse of process are 
(1) There was an illegal, improper, or perverted use of the legal process, neither warranted nor authorized by the legal process,  (2) There was an ulterior motive or purpose in exercising such use, and  (3)  There was damage as a result of the illegal act. Graham v. Mary Kay, Inc., 25 S.W.3d 749, 756 (Tex.App.-Houston [14th Dist.] 2000, pet denied).  Abuse of process is the malicious misuse or misapplication of legal process in order to accomplish an ulterior purpose. Baubles & Beads v. Louis Vuitton, S.A., 766 S.W.2d 377, 378 (Tex.App.- Texarkana 1989, no writ). 

     Plaintiffs Amanda Lollar, Bat World Sanctuary instituted this cause of action. This cause of action was illegal, improper, not warranted or authorized by the legal process. The ulterior motive was malicious retaliation for Defendant reporting Plaintiffs to authorities. Defendant has been damaged as a result of this illegal act.

     Plaintiffs’ attorney Randy Turner of Bailey and Galyen abused the judicial process by filing motion after motion, scheduling hearing after hearing in order to cause Defendant to expend considerable finances in the hopes that Defendant would not be able to afford to defend herself and lose by default. 

CONCLUSION

     Plaintiffs filed suit against Defendant. This suit was frivolous, meritless and malicious. It was malicious prosecution and abuse of process.
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PRAYER

     WHEREFORE, PREMISES CONSIDERED, Defendant requests that this court rule in its favor, and order Plaintiffs to pay all travel expenses, attorney’s fees, associated costs ($17,000 as of June 6, 2012) and for such other and further relief as may be equitable in law or in equity.

                                                             Respectfully submitted,
                                                             Mary Cummins, Defendant Pro se
      645 W 9th St, #110-140
      Los Angeles, CA  90015-1640
      Phone 310-877-4770
                                                             Email: mmmaryinla@aol.com
                                                             By: ________________________________
Mary Cummins, Defendant Pro Se
                                                    

http://www.animaladvocates.us/batWorldLawsuit/motion_malicious_prosecution.pdf

Mary Cummins of Animal Advocates is a wildlife rehabilitator licensed by the California Department of Fish and Game and the USDA. Mary Cummins is also a licensed real estate appraiser in Los Angeles, California.

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About Mary Cummins Animal Advocates Real Estate Appraiser

Mary Cummins is President of Animal Advocates. She is licensed with the California Department of Fish & Game, USDA and the City of Los Angeles to rescue and rehabilitate wildlife. Cummins speaks to local community groups and students about respecting wildlife and humane wildlife control. She is also a Humane Nuisance Wildlife Control Operator. She has written manuals on small mammal rehabilitation besides numerous articles. She was born and raised in Southern California. She attended Beverly Hills Good Shepherd Catholic School and Beverly Hills High School. Besides being a member of Junior Mensa and on the Dean's list, she was a top ten national swimmer and competed on the men's water polo team. She began college at the age of 15 attending the University of Southern California on scholarship, majoring in Psychology/Sociology. After college Cummins became a licensed real estate agent specializing in income property in Los Angeles. She obtained her real estate appraisal license, real estate brokerage license and currently does real estate consulting, expert witness testimony and review appraisals at Cummins Real Estate Services.
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