On 4/11/2007 this case was dismissed because no action was taken before a certain date, so it was dismissed without prejudice for lack of prosecution. At the time this case was against me and my wife ( we are now divorced), and it is my understanding that the State of Arizona is a community property state, so the case was dismissed against BOTH of us. We had to obtain a lawyer for thousands of dollars. This case is now around 7 years old. I think the statue of limitation should of kicked by now. I also was told this by several attorneys that I contacted regarding this case. Anyhow, 1 year after my divorce, I found a letter taped to my apartment door. Once again I had to obtain counsel to answer their charges. Unfortunately for me, I couldn’t afford a lawyer by myself, so I had to handle it pro-se.
Cynthia Fulton unethically and unprofessionally started her deceitfulness as soon as she took the case over from Benneth Shilsky and Jason Eastman of Faith, Ledyard, Nickel & Shelsky PLC. I filed a motion to dismiss on 3 grounds, res judicata/collateral estoppels, failure to compile with A.R.S. 12-505, and failure to join an indispensable party, are inapplicable to the current case. I was told that they are not allowed to take a bite of the apple twice, I guess meaning that they can not come after me again. She immediately filed an objection, and schedule a hearing right away. But you, Your Honor, refused her, stating that I needed more time to prepare, that I wasn’t given a fair amount of time to prepare my defense.
Next thing I know, I received a letter stating we were going in front of an arbitrator, Mr. Larry O Folks. Then I received another letter stating that a order to continue the arbitration was granted and reset for January 30, 2009 at 9:00 am in the office of arbitrator, Folk & O;’Connor, PLLC, 1850 N. Central Ave., Ste 1140, Phoenix, AZ 85004. When I arrived there, I was met by the receptionist who said that the hearing was cancelled. I was never notified either by mail or phone. So I called Cynthia Fulton, and she told me that she mailed it the night before. I said how was I supposed to receive this if you mailed it out the night before? (Also – I still to this date never received it) She has my phone number, she should of called me, but didn’t. She even said that she felt she had enough evidence on me that she could go ahead without arbitration. I took off a day from work, and I also had a friend who is aware of the law also take a day off for nothing. Beside being inconvenienced, the paralegal of the arbitrator was extremely rude, and obnoxious. Folk and O’Connors staff and Cynthia Fultons groups were blaming each other for not notifying me. That’s when she was so cocky and stated that she was going to win no matter what! She actually stated that she will notify me when the case was going to happen. She never made me aware of any case. When I received the minute entries and found out that the court granted summary judgment in favor of the Plaintiff, I called Cynthia Fulton who refused to speak to me. Her secretary was making believe she was rustling papers looking for my copy. I told her to stop faking like she was looking for something, because there was nothing to find. There was no letter to tell me of the court date. Her secretary answered back “Well Mr. Scalisi, we felt it didn’t matter if we notified you because we were going to win anyhow”. Since when did they become the judge and jury? I have a legal right to know, and it was deliberately left out. I know for a fact, that seven years is way pass the statue of limitation, so she had nothing. I wish I never told her that on the phone, then maybe she would of notified me, and I would of won the case.
In ending, I just have to say that attorneys (and I use the term lightly) like Cynthia Fulton, give men and women who practice law a very bad name. I proved how unethical and unprofessionally she was during this case, and how sneaky she is. And also she has her firm lying for her, it’s just very despicable. Hopefully some kind of reprimand will be processed against her so she would never ever do this to another person who is going to trial pro-se again.