Storix v. Johnson | Civil Rights Suit (Federal)


The blatant judicial abuse in the Common Counts Suit was the final straw that gave rise to a federal Civil Rights Suit against all the judges and attorneys (and their clients) who repeatedly violated Johnson's right to due process guaranteed by the U.S. Constitution.

The complaint alleges a conspiracy to deprive his civil rights against judges:

Judge Marilyn Huff, Judge Randa Trapp, Judge Katherine Bacal, Judge Kevin Enright

Procopio attorneys:

Paul Tyrell, Sean Sullivan

Wilson/Elser attorneys:

Michael McCloskey, David Aveni, Marty Ready

Their clients (Johnson's former employees, aka "Storix Management"):

David Huffman, Manuel Altamirano, Richard Turner, David Kinney, David Smiljkovich

and the Common Count claim (voluntarily dismissed in state court) against:

Storix, Inc.


Soon after the case was randomly assigned to a federal judge (who was not a defendant), it was transferred to Judge Todd Robinson on his first day as a newly appointed judge (he was formerly a criminal prosecutor). Judge Robinson allowed a hearing on the defendants' five separate motions to dismiss (see transcript below) where Johnson argued that none of the defendants' defenses (including the judges) were supported by the cases they cited, and that any ssertions that his complaint lacked sufficient facts could be easily cured by amendment. There were five attorneys representing the various defendants at the hearing, none of which disputed any of Johnson's arguments.


The court nevertheless granted all the defendants' motions to dismiss (for failure to state a claim) without leave to amend except one - the "money had and received" (common count)  claim against Storix for the $475,000 of Johnson's earnings. Judge Robinson dismissed the claim for failure to allege "indebtedness" but allowed Johnson leave to amend, but reserved on other grounds to dismiss the claim.

Johnson amended the complaint (which now only includes the one remaining claim against Storix) to state additional facts showing that Storix is indebted to him, which started a new round of motions to dismiss, and Johnson can't appeal the dismissal of any of the dismissed claims until the entire case is decided.

Meanwhile (as of October 2021), Judge Robinson still has not ruled on Storix's motion to dismiss the state claim  after vacating the hearing. He also reserved on Storix's pending motion (after a year) to declare Johnson a vexatious litigant. Johnson has never filed a meritless complaint or pleading, but reserving on the decision allows the court to wait until a new complaint is filed to grant the motion and thereby prevent Johnson from ever again accusing his former employees, the attorneys or judges of conspiracy as they continue to embezzle millions of dollars from his company and denying him any income by refusing to acknowledge any facts in the complaint.

   * Judge took vexatious litigant motion under submission but has not ruled on it.

  ** Judge stated his decision dismissing all civil rights claims at hearing but issued no written order.

 *** Judge vacated oral argument hearing but has not issued ruling.

**** Judge has not yet ruled on the motion.