Dewayne Zinkin
Friant road
Fresno California 93711
United States of America
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Dewayne Zinkin | Notice of Ripoff Report VIP Arbitration Decision: A neutral and independent arbitrator has determined that the following Report contained one or more false statements of fact. The false statements have been redacted (((REDACTED))) Fresno, California
*REBUTTAL Owner of company: NOTICE OF DEFAMATION LITIGATION AND SERVICE OF SUBPOENA ON XCENTRIC VENTURES, LLC TO DISCOVER IDENTITY OF POSTER
1Author
0Consumer
0Employee/Owner
Ripoff Report VIP Arbitration Program
In re:
De Wayne Zinkin and Harold Zinkin,
Complainants,
v.
Anonymous,
Author.
Rip-Off Report No.:
727034
ARBITRATOR DECISION
Bruce Meyerson,
Arbitrator
Complainants, De Wayne Zinkin and Harold Zinkin, have challenged the truthfulness of certain statements (each, a “Statement”) posted by Author “Anonymous” on the Ripoff Report website at www.ripoffreport.com on May 8, 2011, as Ripoff Report No. 727034 (the “Report”). The Complainants and the Author have agreed to submit the dispute to the Ripoff Report VIP Arbitration.
In addition to challenging the statements made by the Author, the Complainants are also challenging the status or role of the Author. Based upon the nature of the Statements set forth in the Report, the Complainants are unable to identify the Author.
Each Statement challenged by the Complainants has been considered, together with any Witness Statements and Documents provided by the Complainant for determination of the truth or falsity of the Statement. The Author has not provided a response to the Complaint.
I have been asked to decide whether the preponderance of the evidence submitted establishes that each Statement is true or that it is false. If the statement identified by the Complainants is determined to be an opinion, no determination will be made as to that particular Statement because an opinion cannot be determined to be true nor false.
Each challenged Statement submitted by the Author is set forth below together with my comments and ruling:
1. Statement: “Thief Thief Fraud Liar Con”
Discussion: Complainant De Wayne Zinkin has submitted a Declaration denying the Statement. The Author had the opportunity to provide evidence supporting the Statement but did not do so.
Ruling: I find this Statement false.
2. Statement: “Pays off judges . . . . . got his son off on Rape Charges.”
Discussion: The Complainants have been submitted Declarations denying the Statement including the Declaration of Harold Zinkin who has stated he has never been charged with rape. The Author had the opportunity to provide evidence supporting the Statement but did not do so.
Ruling: I find this Statement false.
3. Statement: “Mafia, Crimnal (sic”).
Discussion: Complainant De Wayne Zinkin has submitted a Declaration denying the Statement. The Author had the opportunity to provide evidence supporting the Statement but did not do so.
Ruling: I find this Statement false.
DATED this ____ day of October, 2011.
________________
Bruce E. Meyerson, Arbitrator
(((REDACTED)))
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REBUTTALS & REPLIES:
1Author
0Consumer
0Employee/Owner
Updates & Rebuttals
#1 Owner of Company
AUTHOR: Musick, Peeler & Garrett, LLP - Los Angeles (United States of America)
SUBMITTED: Thursday, August 11, 2011
POSTED: Thursday, August 11, 2011
Please be advised that De Wayne Zinkin has filed a lawsuit entitled Zinkin, et al. v. John Does 1-10, in the Superior Court of Arizona in Maricopa County, Case No. CV2011-014449. In this lawsuit, Mr. Zinkin seeks compensatory and punitive damages against the person or persons that submitted the above defamatory and libelous report. All of the statements in the above report are maliciously false, and the subject of the pending defamation lawsuit.
In connection with the pending litigation, Mr. Zinkin served a subpoena on Xcentric Ventures, LLC, the owner of ripoffreport.com, to discover the identity of the person or persons that posted the above defamatory report, including the poster’s name, address, telephone number, and email address. Pursuant to the subpoena, Xcentric Ventures must produce documents or electronically stored information bearing the poster’s identifying information on August 31, 2011 at 10:00 a.m.
The person or persons that posted the above report have the
right to timely and anonymously file and serve a response to the request.
Please direct all communication regarding this matter to Mr. Zinkin’s attorneys:
LouCinda Laughlin
William A. Bossen
Alex H. Aharonian
MUSICK, PEELER & GARRETT LLP
One Wilshire Blvd., Suite 2000
Los Angeles, CA 90017
(213) 629-7600