This Cease and Desist Letter was Sent to Marjorie Bard From the Only Lawyer Who Would Represent Matthew Berdyck. Jacquelynn Remery, of her Father's Law Firm in Glendale, CA, Demands I am Never Allowed to Respond to Matt's Life Threats, Libel, Defamation of Character, Destruction of My Nonprofit Organization, and Vulgar Personal Emails.
Ms.
Marjorie Bard
RE: Matthew Berdyck aka Matthew Kane
Dear Ms. Bard,
Please be advised that this office represents Matthew Berdyck, also known as Matthew Kane. Kindly direct any and all future communications concerning this matter to my attention. Further, if you are represented by counsel then please direct this correspondence to that counsel for review and consideration.
It has come to Mr. Berdyck’s attention that you have posted extremely negative and false information about him on your blog website http://marjoriebardhomelessness.blogspot.com and on your Google+ profile, maliciously spreading negative untrue and private information about him. Such actions defame his character and constitute intentional interference with his prospective business opportunities. All statements that charge him with crime, or with having been indicted, convicted, or punished for crime which he has not been charged or convicted for and those statements which directly injure him in respect to his profession, trade or business are per se libel being defamatory on its face pursuant to Cal. Civil Code § 45(a).
Please be further advised that your refusal to remove the postings within that time deemed will be additional evidence of malice warranting of punitive damages in any defamation action. Demand is hereby made that you, your agents and assigns, remove the Google+ and blog posts referencing or adverting to Mr. Berdyck within seven days of this letter, cease all further communication with him and cease posting defamatory statements regarding him. If you have any questions regarding the foregoing please feel free to contact me directly at 818-558-5909.
Sincerely,
Jacquelynn N. Remery, Esq.
Law Offices of William R. Remery
1955 West Glenoaks Blvd.
Glendale, CA 91201
Office: 818.558.5909
Fax: 818.558.6756
jnremery@remerylaw.com
http://www.linkedin.com/in/jnremery
It is obviously of no importance to Jacquelynn
Remery-Pearson that Matthew began to libel and defame MY character a month or
so earlier -- not only on LinkedIn's email system, but in
Google blogspots and private emails. She knew Matt personally, having
used Craigslist to offer him a place to live (screencapped and in hard copy at
a lawyer's office and in a CA State Office.
Remery-Pearson knew Matt's criminal, civil, and
family court history (OH and WV) just by reading the results of Google and
other search engine material. She knew his reputation for defaming others --
and the many responses to his baiting, harassing, accusing, bullying, warnings,
and life threats -- including those defaming me and the
vicious lies about my nonprofit org. LinkedIn's first allowed Topic of CYBER
BULLIES already had over 150 comments about Matt's life threats -- and Remery
could not have missed it.
Why does Remery act as though she never heard
of Matt's background -- and (then) current status of "indigent and
homeless with NO business at all"? Facts of his violent history and vulgar
threats were all over the web-- long before he latched onto me! She knew Matt
was a danger to women, especially, because of his WV records regarding physical
threats and actions regarding a woman he hated....Matt was not an innocent man
being defamed by anyone. HE was and is the Bully/Stalker. There have never been
any favorable blogs about Matt (other than the ones he writes himself).
When Matt maliciously (with obscene language) attacked me on the internet and in private emails to my home, I had been waiting patiently for him to "go away," as I was I was told stalkers do. I waited almost a month to respond on Google to his character defamation and libel re my nonprofit org. Matt labelled me a "fraudulent imposter who stole the identity of the real CEO and is impersonating her and the nonprofit org, soliciting money for herself," He destroyed a needed non-profit org for the homeless just because of jealousy and spite. He had failed as a homeless advocate (with his YouTube) and was retaliating against me because I had (at the time) 37 years of success in assisting the stable undetectable homeless. He didn't just defame me, he demolished the nonprofit org I founded in 1991. The public and my colleagues believed I am a felon to be reviled. I had no choice but to learn how to create a Google blog, for I never wanted or needed one before.
When Matt maliciously (with obscene language) attacked me on the internet and in private emails to my home, I had been waiting patiently for him to "go away," as I was I was told stalkers do. I waited almost a month to respond on Google to his character defamation and libel re my nonprofit org. Matt labelled me a "fraudulent imposter who stole the identity of the real CEO and is impersonating her and the nonprofit org, soliciting money for herself," He destroyed a needed non-profit org for the homeless just because of jealousy and spite. He had failed as a homeless advocate (with his YouTube) and was retaliating against me because I had (at the time) 37 years of success in assisting the stable undetectable homeless. He didn't just defame me, he demolished the nonprofit org I founded in 1991. The public and my colleagues believed I am a felon to be reviled. I had no choice but to learn how to create a Google blog, for I never wanted or needed one before.
The only reason Jacquelynn Remery-Pearson gives
for keeping it secret that she knew Matthew's history is
"confidentiality." She figured she could get away with pretending it
wasn't pertinent to the case against him by citing the usually acceptable
premise that past acts aren't related to present ones and can be "confidential."
However, the law does not refer to expected future (as
in the next day) acts of violence, meant to put a victim's life in
danger -- and that is what she did. She knew he would escalate his libel and
from his history, progress to physical appearance and potential violent
harm/death.
Jacquelynn Remery-Pearson gave Matt permission to
stalk me. She knew he would pursue me just as he had done to another woman he
hated: a furious attempt to break into her house and injure her. He picked up
her phone and lied to the 911 Operator, saying there was no Emergency Domestic
Violence Protection Order against him. The police did arrive and Matt was held
on $50,000 bond, convicted, and jailed. There is nothing untrue or private in
what I wrote about Matt as a response to his filthy hate mail,
malicious lies, and defamation of my character; it was common knowledge then
and it continues as he ages. Jacquelynn Remery-Pearson lied to protect Matt.
Further, why should I not respond
to libel and defamation regarding my character and a respected nonprofit org?
That is my 1st Amendment right! If Matt has the right to threaten me with false
accusations, I have the right to respond with the truth. And she demands I
remove my blog and allow him to continue to
libel, bully, and stalk me with his blogs -- plus a potential
violent physical attack? Why didn't she just tell him to stop bullying/stalking
people? There is a case against her for unethical behavior, and if the CA Bar
Assoc. followed the ABA rules, she would have been sanctioned or lost her
license.
I have a letter from a CA Bar Association
member telling me to take the case against Remery-Pearson to the CA Supreme
Court. (Unfortunately, he did not send a check for what would be a very
expensive case by an attorney with experience in Supreme Court
presentations.)
It's time stalkers take responsibility for
their actions and their lawyers take responsibility for maintaining safety for
stalkers' victims. As far as the C&D letter, it is filled with lies about
my interfering with his businesses. He had none. He made a YouTube
and was begging internet group members to buy them for $3.99, That is verified
by many discussions on film-related sites and Reddit as he repeated his woes
about being homeless and in dire need of help. He became well known for using
aliases, pretending to be a supporter of Matt's arguments against others.
Finally, moderators had to ban Matt from using Reddit. All of this was long
before I knew he existed!
If anything, Remery was bullying me for
sending a C&D letter demanding I halt responding to Matt's obscene warnings
and life threats -- or be hauled into court for punitive damages for the loss
of his non-existent businesses. He couldn't even find a distributor and I
offered to help him find one (in the LinkedIn discussion group) since I had
lived in Beverly Hills for 50 years. Moral: never offer help to anyone!
