TRANSCRIPTEnglish

Leaked Video of Meet Kevin in Court Fighting the Governor of CA.

42m 26s7,161 words1,041 segmentsEnglish

FULL TRANSCRIPT

0:00

hello your honor can you hear me okay

0:01

yes

0:03

This is highly unusual Mr Hosley I will

0:07

allow but Mr paffra for him to be

0:10

substituted in what you're about to see

0:12

is me firing my attorney and then

0:15

representing myself in a California

0:17

court of law it's very important that as

0:20

you go into this you remember that this

0:23

is a sacramental court now why does the

0:26

sacramental court matter well it matters

0:29

because the Sacramento court is the

0:31

court that generally deals with all of

0:34

the governor's matters

0:36

the governor of California is usually a

0:40

stepping stone for what going to the

0:45

White House becoming the president it's

0:47

a big stepping stone guess what

0:49

presidents can do once they are

0:52

President they can take judges they like

0:55

and appoint them out of districts and

0:58

then into federal court which is

1:01

ultimately where judges want to go

1:03

because you go from those district

1:05

courts to the federal courts then what

1:07

you ultimately try to get picked off for

1:10

the Supreme Court and so that is the

1:13

path for judges in other words

1:15

if you do good for the governor all the

1:17

time there might be a little bit of an

1:19

incentive to make sure you rule in the

1:20

guff's favor some of that may be at play

1:23

and I'm curious to hear what you think

1:25

as much as I don't want to allege that

1:27

that is what I was told is likely at

1:30

play in the ruling of this case where I

1:33

ended up firing my attorney and

1:34

representing myself ready for it goes

1:37

back to my campaign for governor where I

1:40

came in second of recall candidates

1:42

let's go court is calling the case of

1:44

meet Kevin pafrath for California

1:46

Governor 2021 versus Shirley n Weber PhD

1:51

in our official capacity as Secretary of

1:54

State state of California Mr Hosley I I

1:57

wanted to raise an issue that was not

1:59

raised by the respondent and that is

2:02

whether or not the petitioner who is a

2:05

committee and not a natural person is an

2:08

elector who has standing to seek a writ

2:11

of mandate under elections code 1331 one

2:15

four an elector is defined in elections

2:19

code section 321 as

2:22

an elector means a person who is a

2:25

United States citizen 18 years of age or

2:28

older and accept as specified in

2:31

subdivision b as a resident of an

2:35

election Precinct in this state on or

2:37

before the day of an election from the

2:40

Court's review of the petition itself it

2:43

does not appear that the petitioner is

2:45

in fact a person and so we cannot bring

2:49

this petition for rid of mandate

2:53

sure

2:54

um thank your honor I've had a chance to

2:56

I'm taking a look at it but I believe

2:58

you know Mr pathrath Kevin uh meet Kevin

3:01

pathrath he you know he technically I

3:04

guess he would be the real party and

3:06

interest here on behalf of of the

3:07

committee so regarding the filing

3:09

mistake here's how this works and this

3:11

is going to show you how politics is

3:13

rigged you ready for this

3:14

so you all know that I'm known as the 51

3:18

49 guy okay so I say this that I am 51

3:22

Dam and 49 rep I feel like I'm

3:26

relatively in the middle and I really

3:27

expect that my policies when I ran for

3:29

governor aligned with this I called

3:31

myself a JFK Democrat not to at all be

3:34

aligned with RFK it was uh it was really

3:37

a conservative approach uh to to I think

3:41

the best solutions for our problems in

3:44

America you could look up the meet Kevin

3:46

20 point plan it was stuff like

3:47

investing in financial education and the

3:50

the foundation of America improving that

3:53

and dealing with homelessness things we

3:54

can all agree on more housing better

3:56

transportation right

3:57

anyway the problem is because this was a

4:02

recall election in the recall election

4:04

of an existing Democratic governor Mr

4:07

Newsom basically everybody running

4:10

against him was a republican so the

4:12

Republican ticket probably had somewhere

4:14

around 30 names the Democratic ticket I

4:18

was basically one of the only dogs on

4:20

the Dem ticket because I'm running

4:21

against the establishment that's very

4:24

difficult because guess what happens I

4:26

pick up the phone and I'm like yo I need

4:28

an attorney oh cool what party are you

4:30

oh well I'm Dem oh I can't represent you

4:32

that's running against the establishment

4:34

sorry you'll have to call another

4:35

attorney so the only attorneys who could

4:37

get are Republican attorneys well there

4:39

are four lawsuits filed at the time the

4:41

Republican attorney that I had on

4:43

retainer is like hey we need to

4:45

represent our own case at the same time

4:47

so we can't represent you so here's

4:50

basically

4:51

someone else and I'm like bro you're

4:53

dropping this bag on me like last minute

4:55

and they're like sorry so I prepped the

4:58

case myself but anyway that person ends

4:59

up making a filing mistake and I'm like

5:01

this is how the game is rigged if you're

5:04

running against the establishment you're

5:06

screwed if the court allows it we can we

5:08

can simply you know amend that or or

5:11

state that and I'm stating that on the

5:13

record that you know he is the real

5:14

party in interest here on behalf of the

5:15

campaign obviously as a sole candidate

5:17

there there's no confusion and you know

5:19

there isn't anyone else that the

5:21

committee represents it's it's his it's

5:23

his committee

5:25

right but I think this is a

5:27

jurisdictional issue and that is whether

5:29

or not the court even has jurisdiction

5:31

to entertain the merits of the petition

5:33

in this case the petition petitioner

5:37

is not an elector is defined in the

5:40

elections code

5:47

um

5:48

so now what you've seen here and are

5:51

about to see more of is the moment where

5:54

I'm texting the attorney saying leave

5:58

get off the case you're done you're

6:01

fired let me in let me represent the

6:04

case just tell the judge and I'm sending

6:06

like text text text text text I'm like

6:07

one of those persons when you have your

6:09

phone open I just go

6:12

like stop talking so I I text him

6:17

whatever I could like please get off and

6:19

I was even calling the person who

6:20

referred this person I'm like tell him

6:22

to get off let me do it

6:25

uh one second sorry

6:32

um going back to the the the standing

6:34

issue your honor I I wanted it I wanted

6:37

to know if the court would allow an oral

6:38

Amendment uh to the Writ so that

6:42

Kevin pathrath can be added as the

6:46

petitioner and he would be willing to

6:48

represent uh himself in that capacity

6:52

um and if he can specifically you know

6:56

join join this proceeding as well would

6:58

that be allowed

7:00

well

7:01

are you saying you're not representing

7:03

he personally

7:07

individually then it in your his

7:10

accounts then it would not be

7:11

permissible for a court to hear from him

7:13

individually you are his attorney you

7:17

represent him the court would hear from

7:19

your from you as to the arguments on

7:22

behalf of Kevin pathrath half breath

7:26

and second with respect to an oral

7:29

Amendment to the petition is Haddad what

7:33

is your position with respect to any

7:35

kind of oral amendment to a man and as I

7:38

understand let me just make sure Mr

7:40

hosley's request is to substitute

7:43

substitute Mr pafrath individually as

7:48

the petitioner instead of the committee

7:52

your honor we would object

7:54

thank you

7:56

Mr Hosley and just to be clear I I don't

7:59

represent him individually I represent

8:01

the committee I just wanted to be clear

8:03

about that aspect I don't represent him

8:06

personally I would ask that you know

8:08

he'd be permitted to come in and

8:10

represent himself in his in his capacity

8:13

as as as as such your honor we object to

8:17

any oral Amendment

8:19

This is highly unusual Mr Hosley here's

8:22

what I will do I mean given that this is

8:25

an election with given the fact that the

8:28

voters rights were implicated here as

8:32

well as a candidates right to run for

8:35

public office and the First Amendment

8:37

issues involved I will allow Mr Ho Mr

8:43

um paffra to uh well first of all him to

8:47

be substituted in as the petitioner

8:49

instead of the committee but I will tell

8:52

you this Mr Hosley then you will not be

8:54

permitted to be heard

8:56

you do not represent them anybody of any

8:59

any party in this case any longer right

9:03

that's fine that that's that solves the

9:07

overarching jurisdictional issue and so

9:11

you know it's not ideal but

9:13

um well it's not ideal from the Court's

9:15

perspective either right I understand

9:17

the respondent's objections thank you

9:19

your honor uh if I may your honor can I

9:22

just confirm that we'll

9:25

will Mr pathrath be raising this well

9:28

the court

9:30

um wish to hear me address the arguments

9:33

that Mr Hosley has just raised or will

9:36

be Mr Patrick be raising new arguments

9:38

well

9:39

Miss paffrath is limited to the

9:41

arguments raised in the papers okay

9:43

thank you right there's not going to be

9:45

no surprises sure yeah and there's going

9:48

to be no Prejudice to respond whatever

9:50

has been set forth in in the opening

9:53

memo points and authorities is what Mr

9:56

paffarath is limited to and so with

9:59

respect to whatever arguments Mr

10:00

hosley's made I'm not going to ask you

10:02

to respond to them at this point

10:04

thank you your honor

10:06

I'm gonna wait for Mr pavroth to be in

10:09

the waiting room good afternoon Mr

10:10

pafrath

10:12

hello your honor can you hear me okay

10:14

yes I understand you've been observing

10:17

the hearing by uh YouTube

10:19

that is correct your honor with the

10:21

exception of the past few minutes here

10:22

as I was transitioning over I have okay

10:25

all right so at this point Mr Hosley is

10:28

not the attorney of record for the

10:29

petitioner the court has allowed you to

10:32

substitute in for the committee and so

10:36

um as you may not have heard uh the

10:39

clarifying question from response

10:40

Council and that is whether or not

10:42

you're going to be permitted to make any

10:44

new arguments

10:46

um and the court has indicated to

10:48

counsel that you are not whatever

10:49

arguments you make this afternoon are

10:51

limited to what has been presented in

10:54

the moving papers and nothing more do

10:57

you understand I understand your honor

11:00

I'm ready all right you may proceed okay

11:02

your honor I would like to start first

11:04

with actually what you began your case

11:07

with you began that you were inclined to

11:09

deny our petition because you mentioned

11:11

that section 20

11:14

716 indicates that a trademark cannot be

11:18

used in a ballot designation and so

11:20

while I understand this to be true and

11:22

to be the law I do believe it to be an

11:24

inaccurate application mostly because

11:27

actually very specifically because the

11:30

law

11:31

2716 designates that ballot designations

11:35

cannot include trademarks but the law

11:38

does not indicate that a ballot name

11:41

cannot include a trademark this is a

11:43

very important distinction because the

11:45

law does not give the Secretary of State

11:47

any jurisdiction to argue that just

11:50

because something is a brand it cannot

11:52

be listed in the name of a ballot this

11:57

is beyond of course the argumentation

11:58

that we've made that we are publicly

12:00

known as meet Kevin whether that's on

12:02

YouTube or on social media it's very

12:04

clear that we're publicly known as me

12:05

Kevin we submitted the evidence to you

12:07

the polls have accrued additional

12:10

polling data regarding this information

12:12

but I think the Crux so the argument and

12:15

this is where I just like to start and

12:16

forgive me if you're not knowing the

12:17

process because I can go through the

12:19

full argumentation so I'm going to ask

12:21

for your guidance on that but I want to

12:22

start by saying that I think the

12:24

application of 2716 is completely

12:26

inappropriate to this and if I can then

12:28

ask you should I continue with my

12:30

arguments or do I wait and go back and

12:32

forth you can continue

12:33

I can see okay then let me do this am I

12:37

allowed and again forgive me for this

12:39

too am I allowed to share my screen

12:44

it'd look like this

12:47

is that okay

12:50

Council can you see that

12:55

I can your honor thank you all right go

12:58

ahead okay so so uh we'll go step by

13:01

step then if I'm going to present my

13:02

whole case then uh I will go ahead and

13:03

start a number one so here's Big argue

13:05

hold on hold on hold on hold on hold on

13:09

this your Council has requested that

13:12

before to record this hearing so a court

13:14

reporter needs to take down what you're

13:16

saying you have to slow down

13:19

okay so slow way down so she can take

13:22

everything that's being said

13:24

you got it your honor

13:25

right you may proceed argument number

13:28

one it's very important to dissect the

13:32

Secretary of State's argument that a

13:34

brand shall not be allowed on the ballot

13:37

because a brand the way the Secretary of

13:40

State defines completely ignores the

13:43

fact that brands have been allowed on

13:44

the ballots in in the past see ballots

13:47

consider Brands consist of three types

13:49

of things products services and personal

13:51

identities or nicknames we know that the

13:55

law allows nicknames to be on ballots we

13:58

know this to be true so we have to

14:00

differentiate what is meet Kevin is meet

14:02

Kevin a product does society look at me

14:04

Kevin and think or when they hear me

14:06

Kevin do they think of a product or do

14:08

they think of a service or do they think

14:10

of a person if Society hears me Kevin

14:13

and believes that they hear a person or

14:16

they see the image of a person just like

14:18

when somebody says what do you think of

14:20

Larry King what do you think of Magic

14:21

Johnson if society and your honor if you

14:25

are compelled to see that that when

14:26

someone hears me Kevin they picture me

14:28

then we must understand that this type

14:31

of brand is actually a legal course of

14:35

of allowing a name to be on a ballot

14:37

this is normal and it's been done before

14:39

the legal precedent exists for example

14:42

Trump we know is a brand we know Larry

14:44

King is a brand this brings up the very

14:46

important argument that we have

14:48

precedent of nicknames and Brands this

14:51

is extremely important because when we

14:53

look at the 2003 recall election ballot

14:57

we know that Kurt takikaze rightmeyer

15:00

was on the ballot this is simple that

15:04

anybody somebody could anybody could

15:06

Google the 2003 California recall

15:08

election ballot and see this particular

15:10

name was authorized now what's very

15:12

unique about this name is this is not a

15:14

product this is not a service this is a

15:17

person's identity just like meet Kevin

15:19

is in fact the LA Times on August 26th

15:22

and 2003 said that takakazi is a Sumo oh

15:26

name and I can pull this LA Times

15:28

article up and they defined it as wind

15:31

from a sword strike so now we know that

15:34

not only

15:35

are there different kinds of Brands

15:38

which really secretary of state has

15:39

failed to Define but we also understand

15:42

that personal identity Brands such as

15:44

stage names like a Sumo wrestler's name

15:46

has been allowed on a ballot before so

15:50

not only does the Secretary of State try

15:52

to confuse you your honor by not

15:54

providing what the actual appropriate

15:55

definitions of brands are but the

15:57

Secretary of State also fails to

15:59

recognize that they themselves have

16:01

authorized precedent in this they made

16:03

the action that allowed takikaze to go

16:06

on a recall election ballot which is

16:08

exactly what we're looking for here

16:09

we're now looking for special treatment

16:10

we are looking for equal treatment and

16:13

this benefits the voters by making sure

16:15

the voters are aware that somebody they

16:17

know as meet Kevin is able to be

16:19

represented on ballot now this brings up

16:22

and I've started with this I'm just

16:24

going to do a brief recap on this

16:25

argument number three for us is that

16:28

applying the law of 2716 is

16:31

inappropriate by the secretary by the

16:33

Secretary of State this law specifically

16:35

refers to ballot designations and it's

16:38

very important to know that the

16:39

Secretary of State gives you a ballot

16:41

designation worksheet anytime you file

16:44

to be a candidate this worksheet tells

16:46

you that ballot designations are for

16:49

professions or what you are currently

16:51

doing so for example Kevin Faulkner just

16:54

had his case denied because he wanted to

16:57

be known as the former San Diego mayor

17:00

on his ballot and he was denied this is

17:02

actually where the Secretary of State

17:04

also has discretion they can decide okay

17:07

what kind of ballot designation can you

17:09

have for example I probably couldn't put

17:11

president on as a ballot designation but

17:14

I can put Financial educator and analyst

17:16

which I have done this is the limit of

17:19

discretion for the Secretary of State

17:21

but beyond that it's also where the

17:23

limiting factor of trademarks comes in

17:25

see I could not say uh as as Kurt

17:29

takikaze said I could not say on the

17:33

ballot designation that I'm the CEO of

17:35

Target trademarks are not allowed in

17:38

ballot ballot designations this is

17:40

specifically what the law says it's

17:42

Crystal Clear that trademarks and brands

17:44

are not all allowed in designations

17:46

however 2716 does not say anything about

17:51

names and this makes sense because

17:53

sometimes personal brands are company

17:57

names some people create s corporations

17:59

in their personal name sometimes we just

18:01

have personal brands that go on balance

18:03

this is normal Donald Trump is the

18:05

perfect example of this so just adding

18:07

Clarity here visually

18:09

this upper line can be your name or

18:13

nickname legally you can put your

18:16

nickname in the top line

18:18

the only law that exists says that you

18:20

are not allowed to in the byline put

18:24

your brand so no brands are allowed here

18:27

but there's no law that says brands are

18:30

not allowed here as long as they are

18:32

actually your nickname so Donald Trump

18:36

via the byline of the Trump organization

18:38

would not work however this could be

18:41

real estate entrepreneur former

18:45

president whatever it could be things

18:46

like this as long as it's not a brand

18:48

now if Donald's nickname was Meet Donald

18:53

and everybody knew him as meet Donald

18:56

you could put your name on the ballot

18:58

like this meet Donald Trump and you put

19:01

the quotes to indicate that is your

19:03

nickname that is legal there is

19:05

precedent for that as I talk about in

19:08

the case but again the law specifically

19:10

says no brands in the sub line there is

19:15

no exclusion about brands in the top

19:17

upline as long as they are actually your

19:21

nickname and people don't come up to me

19:23

and go Hey Kevin pavrath they come up

19:25

and say hey meet Kevin duck it's like in

19:28

every video I introduce myself as meet

19:29

Kevin the last argument well actually

19:31

two more brief arguments you've seen

19:33

these before we've submitted these to

19:35

evidence when I've surveyed the people

19:37

who know me the folks who support my

19:39

campaign and I ask them how do you tell

19:42

people about me that is how do you know

19:44

me slash my name on YouTube I had 70 000

19:47

voters seventy thousand said I watch

19:50

meet Kevin on YouTube and that answer

19:52

was 93 so the vast majority of the

19:56

public of 73 000 votes 93 know me as

19:59

meet Kevin when they tell their friends

20:01

about me they say I watch me Kevin and I

20:03

understand the first impression is odd

20:05

why is it that somebody's name is meet

20:07

Kevin that sounds like a verb I

20:09

understand but so is off the insect

20:11

repellent brand that is a that's a verb

20:14

as well verbs can be nounified and

20:16

there's a special word for it in the

20:17

dictionary for for notifying verbs but

20:19

we won't go there anyway the public

20:21

perception is very clear on YouTube that

20:23

I am known as meet Kevin other YouTubers

20:25

when they make videos about me they say

20:27

I'm making this reaction to me Kevin

20:30

meat Kevin just bought this stock meet

20:32

Kevin just bought a house whatever it's

20:34

always meet Kevin almost done here sorry

20:37

for for this but I want to be thorough I

20:39

asked two polls on Twitter on the day

20:41

that I was denied by the Secretary of

20:43

State in fact they initially mentioned

20:45

that hey we're not sure if we can use

20:47

this they're going to check with their

20:48

supervisor as soon as I heard that there

20:50

was any kind of uncertainty I ran this

20:52

poll that was July 15th that I ran the

20:55

poll the poll was up for 24 hours on

20:56

Twitter I received

20:58

7714 votes and I asked if you saw me on

21:02

the street how would you greet me answer

21:04

your first reaction what do you know me

21:06

as and 86.4 percent of respondents said

21:09

hi meet Kevin which is very appropriate

21:11

since right now when I go to campaign

21:14

rallies or I walk down the street people

21:16

people will say okay if they even if

21:19

they're not expecting me excuse me in

21:20

like a Starbucks or something like that

21:21

people see me and they would say oh my

21:23

gosh it's me Kevin hi meet Kevin how are

21:26

you doing meet Kevin see meet Kevin is

21:28

me it is not something else it is me I

21:31

understand that in the past I have used

21:33

it as part of my real estate image

21:35

because I've also defined myself as meet

21:37

Kevin in real estate but I've also let

21:39

my real estate license expire I am not

21:42

actively taking clients I haven't had

21:44

clients in 18 months have only

21:45

represented myself and I'm not using my

21:48

real estate license anymore so that also

21:50

puts to bed this argument that I'm

21:52

trying to somehow promote this brand

21:53

that's not what I'm doing I'm just

21:55

trying the public to get to to know what

21:57

my identity is I had one more poll and

21:59

then one last thing to say and then I'm

22:01

done so about one minute follow-up if

22:03

someone asked you who were you voting

22:05

for would you say Kevin meet Kevin or

22:08

Kevin pavrath and the vast majority of

22:10

respondents said meet Kevin over

22:12

two-thirds well actually exactly

22:13

two-thirds said this now the last thing

22:16

because I personally belief that the

22:18

secretary of state is trying to not only

22:20

mislead you on this brand argument by

22:23

not properly defining this not properly

22:25

explaining their precedent but I also

22:27

believe they're trying to apply a

22:29

totally inappropriate law to this

22:31

particular case this case has absolutely

22:34

nothing to do with Section 2716 and I

22:38

believe the secretary of state has been

22:40

derelict in these three particular

22:42

objects already but it gets even worse

22:45

in their response they said that fox

22:49

Kennedy never mentioned me by the phrase

22:52

meet Kevin when in fact she did with

22:54

your honor I can play this video for the

22:56

court uh within a minute if you wanted

22:58

me to but the quote that she says at two

23:00

minutes and eight seconds to two minutes

23:02

and 12 seconds in the video is she talks

23:05

about my plan she Recaps the plan and

23:07

then says quote and to that I say yes

23:10

meet Kevin and points at me your honor

23:13

the case is extremely clear here the

23:16

public knows me as meet Kevin news media

23:19

organizations know me as meet Kevin the

23:22

secretary of state is trying to mislead

23:24

you by keeping me off the ballot and

23:26

that is going to hurt voters your honor

23:28

thank you for the time thank you yes I

23:31

did Mr dad uh yes your honor uh first I

23:35

just want to make clear that the

23:36

secretary of state is in no way trying

23:39

to keep Mr paffgraf off off the ballot

23:41

uh as as we've made clear he is going to

23:46

be on the ballot what is it issue here

23:48

is whether or not meet Kevin is a

23:52

nickname that can qualify as a candidate

23:55

name and the answer is it cannot

23:58

um Mr just to address I know that you've

24:01

read the briefs so I won't take you

24:03

through those again I just would like to

24:04

address the arguments that Mr Pastor Mr

24:07

pathrath has raised here today

24:10

um regarding the the elections code must

24:13

be read as a whole

24:15

the Secretary of State's regulation

24:18

2716 concerning ballot designations is

24:21

very instructive because it shows it

24:24

addresses one of the few things that can

24:26

go on the ballot so the the items that

24:28

can go on a ballot are the candidate

24:30

name the office that the candidate is

24:32

running for the ballot designation and

24:35

in certain circumstances uh the party

24:37

that the candidate chooses uh that the

24:39

party of preference that the candidate

24:41

chooses

24:42

for the ballot designation the candidate

24:44

name though there's no definition by the

24:47

legislature

24:48

um every instance used by the

24:50

legislature in every statute implies

24:53

that it is the name that the individual

24:55

is known by and historically this has

24:57

included nicknames nicknames that you

25:01

know of examples that we all know for

25:03

example Joe Biden or great objection

25:07

your honor if I may continue yes

25:10

uh

25:12

regarding the

25:14

uh uh the the fact that 2716 gets even

25:19

more specific is because it has to do it

25:22

it uh the fact that uh 2716 gets more

25:27

specific

25:29

um is because clearly there have been

25:30

issues that have been raised there in

25:31

the past but that doesn't mean that a

25:34

candidate should be permitted to

25:36

circumvent 2716 by inserting a trademark

25:40

or service Mark into the candidate name

25:42

the purpose of this of these statutes

25:46

overall is to ensure that there is a

25:48

fair election and to ensure that the

25:50

ballot is neutral and to ensure that

25:52

every candidate

25:54

um doesn't have a one-up over the other

25:56

uh and one can easily imagine a

26:00

situation where if the court were to

26:02

permit meet Kevin as a nickname today

26:05

one could easily imagine a situation

26:07

where

26:09

um for example

26:10

uh Mike my pillow Lindell my pillow guy

26:14

Lindell would seek to put his name on

26:17

The Ballot or should Arnold

26:18

Schwarzenegger decide to run again

26:19

Arnold the Terminator Schwarzenegger

26:22

um or even Dennis the All-State guy

26:25

hayesburg these are all brands but that

26:28

does not make them nicknames

26:30

um and well to to Mr past paprat's point

26:35

that Donald Trump may be a brand name

26:39

we're not saying that no name or no

26:42

nickname could ever be a brand name but

26:45

here this is not a clear case no this is

26:48

not uh even a close case your honor

26:52

um

26:53

uh in the Secretary of State makes its

26:56

determination on a case-by-case basis

26:58

and it does research they will reach out

27:02

to the candidate as Mr pathrath has

27:03

indicated

27:05

um and will determine whether or not the

27:08

nickname is actually what the candidate

27:09

is known by now that doesn't mean that

27:12

the candidate has to be known that

27:15

doesn't mean that if the candidate have

27:16

is known for his public business or his

27:19

public Persona that that is his nickname

27:21

I think

27:23

Common Sense dictates here

27:26

and regarding the 2003 recall ballot

27:31

candidate that was raised for the first

27:33

time here

27:34

as I mentioned nicknames are determined

27:36

on a case-by-case basis this was an

27:38

issue from 18 years ago it's not uh

27:41

before the court today and we don't know

27:43

the research that the secretary of state

27:44

did at that time but also

27:47

even if if your honor is to considerate

27:49

stage names are not necessarily

27:51

prohibited as nicknames again it is a

27:54

case-by-case basis and while there may

27:56

be close calls out there frankly this

27:59

wasn't one

28:01

um your honor may I respond hold on I

28:03

don't think she's finished

28:05

thank you your honor

28:07

um I also just I'd like to point out

28:09

that there has been

28:11

no violation of any law by the Secretary

28:14

of State in making this determination

28:17

um that you know the elections code

28:19

specifically states that the candidate

28:22

must have that on the ballot the name of

28:25

all the names of all qualified

28:26

candidates

28:27

the extent that this permits nicknames

28:29

this is left to the Secretary of State's

28:32

discretion the Secretary of State

28:33

exercises discretion here and did not

28:36

did not abuse and did not abuse it so we

28:38

do urge deference to that to that

28:40

determination your honor

28:42

thank you Mr paffrath

28:45

yes your honor thank you so much I I

28:47

think the first thing that I'd like to

28:49

respond with and thank you so much for

28:50

the opportunity to respond here the

28:52

first thing we need to understand and I

28:54

think the court is compelled to rule on

28:56

is a whether my nickname meet Kevin is

29:00

deceptive or hurts Society in any way

29:03

the reality that perhaps by permitting

29:07

my stage name which has been done before

29:09

with the sumo wrestler from 2003 would

29:11

somehow open the door to a Floodgate Of

29:13

nicknames is not up to me that's not my

29:16

problem my belief and this is the

29:18

argument that we are making is that the

29:21

court should ask is the public being

29:24

helped or being deceived by the use of

29:27

my nickname we believe that they can

29:29

properly identify meet Kevin by the

29:32

person who is running for office the

29:34

problem I have with my last name is

29:36

actually something that all three of you

29:39

in the zoom hearing have experienced you

29:42

can't say my last name and that is why I

29:44

don't use my last name he and and I I

29:47

don't blame you I grew up with him my

29:49

entire life but you've all butchered it

29:50

and it's fine I don't mind that I get it

29:53

but that's why I go by meet Kevin when I

29:55

introduce my YouTube videos I say hey

29:57

everyone meet Kevin here I have

29:59

thousands of videos saying this and so

30:02

this argument that somehow my nickname

30:05

can't be allowed but you just heard uh

30:08

my opposing counsel say quote stage

30:11

names are not prohibited

30:15

and suddenly my stage name is prohibited

30:18

is completely ironic and it's not fair

30:20

it's not a fair application of the law

30:22

and that is why we're in court today to

30:24

make sure that we have an equal

30:26

opportunity to run as a candidate in the

30:29

state of California so that way the

30:30

voters can decide who they want to be

30:33

their governor this is a question of

30:35

enabling the public the opportunity to

30:38

choose who they want yes my identity is

30:41

meet Kevin that is who I am that is what

30:43

I'm running as I'm running as meet Kevin

30:45

now I understand on a ballot it has to

30:47

include my legal name if I could change

30:49

my legal name within within the next

30:51

three weeks I would do that

30:52

unfortunately it takes three months to

30:53

do that but I I'm known by me Kevin and

30:56

we seek to be on the ballot as Kevin

30:57

quote meet Kevin pafrath we don't

31:00

believe that

31:01

causes any harm the Secretary of State's

31:04

State's argument is that my nickname is

31:07

not bona fide but the definition of bona

31:09

fide is just legitimate and not

31:11

deceptive my nickname is legitimate the

31:14

public has verified it as legitimate Fox

31:16

News has verified it as legitimate it is

31:19

very clear there's no question there's

31:21

no question at all that my nickname is

31:24

me Kevin that stands above all and we're

31:26

looking for that equal opportunity and

31:28

we just heard opposing Council say that

31:30

stage names are not prohibited and

31:33

I understand the opposing Council

31:35

mentions oh well you know we haven't

31:37

done the research into 2003 the reality

31:40

is it doesn't matter it's there a stage

31:42

name has been used but whether we use

31:44

the precedent that is legally existed or

31:46

her own words when she says stage names

31:48

are not prohibited the answer is very

31:50

simple here meet Kevin deserves to be on

31:53

the ballot by right and one last

31:55

argument here to make is that we've also

31:58

agreed that brands are allowed on the

32:01

ballot the opposing Council starts out

32:03

their response their response to our

32:06

petition saying that brands are not

32:08

allowed on the ballot yet here opposing

32:10

counsel just said well you know there

32:11

are definitely cases where brands are on

32:13

the ballot such as Donald Trump so

32:15

opposing counsel is dismantling their

32:17

own case they're literally telling us

32:19

right here that stage names are okay and

32:22

that brands are okay we just don't like

32:24

me Kevin and my argument is the

32:27

California voters should have the

32:29

opportunity to vote for Kevin meet Kevin

32:32

pafrath I should should be treated

32:34

equally to all other Californians

32:36

including the actual precedent we have

32:38

seen on a ballot in 2003 but beyond that

32:41

we have to also we have to Circle back

32:43

to this uh to this law the law

32:46

2716 opposing Council just mentioned

32:49

there has been plenty of legislation

32:51

these were her words I wrote them down

32:52

there's been plenty of legislation

32:54

indicating that nicknames are okay great

32:56

wonderful and the legislature has also

33:00

created the law 2716 which says that

33:02

specifically for ballot designations

33:05

trademarks are not okay Donald Trump

33:08

trump is a trademark and the law the

33:12

legislature likely understood that you

33:15

can't say that trademarks can't be in a

33:17

ballot name because many people

33:19

trademark their identities so this idea

33:22

that because meet Kevin is trademarked

33:24

because I went out of the way to protect

33:26

my identity even more over the last

33:29

eight years where my identity has

33:31

evolved the fact that I went out of the

33:32

way is somehow now an argument against

33:34

me is ludicrous because again it's not

33:36

what the legislature attended and I

33:38

believe that is also upon the court to

33:40

decide did the court did the legislature

33:44

intent for 2716 also to apply to ballot

33:48

names in which case any candidate

33:51

whoever runs who also holds a trademark

33:54

such as Trump will not be allowed on the

33:56

California ballot so I think the case

33:58

here is extremely clear we are looking

34:01

for a nickname to be included on a

34:03

ballot as has been done before there is

34:05

no law that opposing Council has

34:07

presented or no code that opposing

34:10

Council has presented that speaks to

34:11

anything otherwise the only argument

34:14

opposing counsel has is well if we let

34:16

meet Kevin andron then the next time

34:17

we're going to get the Terminator that's

34:19

not my problem that's not my case

34:22

uh your honor if I may briefly respond

34:24

yes uh first off the issue here is not

34:29

whether a name is a trademark the issue

34:32

is not whether someone whose name such

34:35

as Donald Trump

34:36

is also a trademark the issue here is

34:40

whether meet Kevin

34:42

a name belonging to Mr Kevin paffrath is

34:46

a nickname for the ballot and the

34:48

secretary of state determined that it is

34:50

not a nickname as is commonly understood

34:53

or what what a nickname means it is

34:56

instead a brand

34:58

respectfully Mr pathrath Miss

35:01

misinterprets what I've said

35:04

um to mean that stage names are okay but

35:07

not brand names that is incorrect it is

35:10

perfectly conceivable that sometimes a

35:12

name can also be a brand name or that a

35:16

name can also be a stage name but but

35:18

here meet Kevin is not a name and it is

35:21

not a nickname

35:23

regarding the stage name from from 2003

35:27

again

35:29

this this was not before the Secretary

35:31

of State we have not looked into the

35:32

circumstances for approval of that name

35:34

but even on its face clearly this one

35:38

word could be taken to be a name

35:41

regarding that Mr uh regarding that Mr

35:45

pafrat's last name may be difficult to

35:47

may be difficult to pronounce

35:50

that's not the test as to whether a

35:52

nickname the nickname that he has

35:54

suggested is appropriate for the ballot

35:57

similarly it is not the issue is not

36:01

whether the test before the standard

36:03

before the court is not whether uh a

36:06

brand name is deceptive

36:08

the issue is whether it commercializes

36:10

the process and whether in fact it is a

36:13

nickname and again your honor it the

36:17

Secretary of State looked into it

36:19

they they understand it's understood

36:22

that while many people may recognize Mr

36:25

pathrath as meet Kevin he is referred to

36:29

um in person as I took the court through

36:32

in our brief in section uh 1B of our

36:35

brief I took us through the materials

36:36

that Mr pathrath had submitted uh to

36:39

show that even in those materials he's

36:42

referred to as Kevin Passat

36:44

so I mean we we understand that

36:49

um that he the source of his power

36:51

popularity may be this brand that he has

36:53

built but it's not appropriate for the

36:55

ballot

36:56

I'd like to respond briefly and then the

36:59

court will go ahead and Rule

37:00

your honor may I play the uh Fox Kennedy

37:04

clip where I was referred to as meet

37:05

Kevin

37:06

I

37:08

I don't think that's appropriate or

37:09

necessary I accept a representation that

37:13

she referred to you as such all right

37:15

then I'd like to just respond to these

37:17

uh these last statements here the

37:18

opposing Council just made it very clear

37:20

that the issue here is whether or not

37:22

meet Kevin is a nickname I have provided

37:24

evidence based on my hard work over life

37:28

not only the last eight years of

37:30

building meet Kevin as my identity but I

37:32

have provided statistical evidence

37:35

through YouTube polling through Twitter

37:38

polling through references in the media

37:40

that meet Kevin is my nickname Newsweek

37:44

the LA Times the New York Times They all

37:47

reference me as meet Kevin now they may

37:50

also reference me as Kevin pafrath

37:53

because obviously Kevin paffrath will

37:55

also in part appear on the ballot but my

37:58

more common name because when people

37:59

hear Kevin pathra they don't know who

38:01

that is my common name my common

38:03

identity my nickname is me Kevin I have

38:06

provided evidence to prove that that

38:08

meet Kevin is my nickname now opposing

38:10

Council has said has said that well

38:13

Kevin doesn't meet the criteria to or

38:15

meet Kevin hasn't met the criteria for

38:18

being a nickname well then a what is

38:21

that criteria because it certainly

38:22

wasn't presented in oral arguments here

38:24

in the court and uh B so far all I've

38:27

heard is that the issue is not that it's

38:29

deceptive we've dropped the opposing

38:31

Council has dropped the argument that

38:32

law the law stands in the way the

38:35

opposing counsel is simply arguing that

38:37

well we don't think it's a nickname we

38:39

think that meet Kevin commercializes the

38:41

process well in order for me Kevin to

38:43

commercialize the process meet Kevin

38:44

would have to represent a product or a

38:47

service it doesn't and I've provided

38:49

evidence whereas opposing opposing

38:51

counsel has provided zero evidence I'm

38:53

providing evidence to meet Kevin is a

38:55

nickname opposing counsel has not

38:57

provided any and it is very clear that

38:59

if their concern is commercializing the

39:01

ballot process then I'd like them to

39:04

please let me know what product or

39:06

service is meet Kevin when this when the

39:10

public hears me Kevin what is that

39:12

product or service and your honor if you

39:14

rule in favor of the Secretary of State

39:16

I believe you're ruling against a

39:19

society of influencers and new

39:22

up-and-coming potential people who could

39:25

serve their country and serve America I

39:28

am simply seeking that my nickname be on

39:32

the ballot so I could have a fair chance

39:33

in this election I appreciate that

39:36

anything further Miss had that before

39:38

the court rules

39:40

um no you're on or not at this time all

39:42

right Mr pathrath is the matter

39:44

submitted for the Court's ruling

39:48

do I say yes to this

39:50

if you want me to rule I I would like

39:52

you to rule things okay all right the

39:55

court is going to uh deny the petition

39:57

for rid of mandate the court finds that

39:59

meet Kevin is not a nickname it's not

40:01

his obviously his formal name and the

40:04

court finds it based upon the evidence

40:06

in front of it that it is in fact a

40:08

brand

40:09

um all of the evidence presented

40:12

um supports the response position that

40:15

the words or the phrase meet Kevin is a

40:20

brand that is how he is known in social

40:23

media

40:25

well Donald Trump is a person I'm not

40:29

sure I even understand the argument that

40:31

Donald Trump is a brand but putting all

40:34

that aside

40:35

um the court is going to deny the

40:37

petition for written mandate

40:39

um I said hey Dad did you provide a

40:41

proposed order for the court

40:43

um your honor I apologize I think that

40:45

was an oversight on our part uh I can

40:47

provide one shortly all right you'll

40:49

need to provide it to Mr pafrath quickly

40:52

because it's now four o'clock to prove

40:54

as to form and get it to the court

40:57

um so that you can obviously have the

41:00

requisite notice and have the Secretary

41:02

of State get the order before the

41:04

deadline of 5 PM could I ask just one

41:07

more question and Mr pafrath um what I

41:09

would ask you to do is to cooperate with

41:12

Ms Haddad to approve the uh order as to

41:15

form and perhaps Mr Hosley can assist

41:18

you on that sure all right thank you

41:20

thank you could I ask one question

41:22

yes

41:24

uh for for brand I just want to know in

41:27

the future what if I changed my name to

41:30

meet Kevin and like literally my legal

41:33

name was that because that that is what

41:34

people know me as the fact that it's

41:36

seen as a brand is obviously very

41:38

disheartening to me uh you know I'm not

41:40

gonna obviously debate it with you but I

41:43

obviously I'm devastated I mean

41:44

basically my my opportunity in this

41:46

campaign is over my campaign is is

41:48

essentially destroyed with this ruling

41:50

I'm out is essentially what what this

41:53

ruling is

41:54

well Mr Hosley will probably tell you as

41:57

an attorney that the court cannot render

41:59

an advisory opinion that issue is not

42:01

performing and I can't make and give you

42:04

any indication of that if and when that

42:06

comes before me I will obviously make a

42:08

ruling because at that time he'll be

42:10

properly before the court so I thank you

42:13

for your arguments Mr pathrath for being

42:15

I don't know if you have any legal

42:17

training but for being at least a

42:20

non-attorney you did an excellent job

42:22

and I appreciate your

UNLOCK MORE

Sign up free to access premium features

INTERACTIVE VIEWER

Watch the video with synced subtitles, adjustable overlay, and full playback control.

SIGN UP FREE TO UNLOCK

AI SUMMARY

Get an instant AI-generated summary of the video content, key points, and takeaways.

SIGN UP FREE TO UNLOCK

TRANSLATE

Translate the transcript to 100+ languages with one click. Download in any format.

SIGN UP FREE TO UNLOCK

MIND MAP

Visualize the transcript as an interactive mind map. Understand structure at a glance.

SIGN UP FREE TO UNLOCK

CHAT WITH TRANSCRIPT

Ask questions about the video content. Get answers powered by AI directly from the transcript.

SIGN UP FREE TO UNLOCK

GET MORE FROM YOUR TRANSCRIPTS

Sign up for free and unlock interactive viewer, AI summaries, translations, mind maps, and more. No credit card required.