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Chapel Hill

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Chapel Hill last won the day on April 18 2010

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  1. Hi, Does anyone know what constitutes a valid signature on discovery in a California unlimited jurisdiction case? I recieved a signature by a New York lawyer on the verification. Doesn't seem right to me that someone who isn't an officer of the corporation can sign. It also doesn't seem right that someone so far away can sign? How do I depose a signer 2200 miles away? Anyone with factual insights I would be grateful for the assistance.
  2. ====================================================== You've been at this thread for a while and I just came on. If you're in California I would strongly suggest you consider filing a cross complaint. The rationale for following this strategy is because without a cross action these jerks can just dismiss the case w/o prejudice and file again. I have two and only 2 pieces of advice for you. Find a law library and do a case search on the plaintiff in your case. If you perform these 2 steps you'll not only get the case at bar dismissed you will actually pick up between $4,000 and $5,000 cash. If you can't figure out the basis for a cross complaint do the research necessary to learn, hire an attorney like Paul Smith from socal or take the course of action you deem more appropriate given your level of interest and abilities. Good luck. Your research in a law library will get you practice guides. Remember it's the practice of law. Nothing you'll face in this suit is new. Many have prevailed before you if they did the work required. No one knows the facts in your case better than you. If you don't have the willingness to put in the work this will play out the way it should. Find a law library, file a cross complaint and kick their a$$. Both parties must dismiss when a cross action if filed. You should have just as much evidence in your files that is admissible as the plaintiff in your action. Put another way, the evidence to be presented by the plaintiff is inadmissible at trial. I know this because if they had a case you'd have been beaten by now as would most defendants. That isn't reality in California courts.
  3. Go to the court clerk's office and do a database search. You want all cases with your plaintiff for last 2 years. You need to know which law firms have whipped the a$$ of the law firm representing your plaintiff. Once you have that list hire one of those law firms or simply copy their work if you're able to follow their legal theories in the cases they've won. Oh, an the reason you want to do this research in person is because unlike sitting at home in front of a computer if you actually show up at the clerk's office you might meet folks who know the law in your jurisdiction. Being there in person you might run into one of the lawyers mentione earlier in my post and they may hand you documents because they can and because they dont like the collection bar preying on consumers. Conversely you may also meet some of the AZ collection bar and see that they aren't that tight and you should be able to beat them at trial if you do the work required. Good luck. Find a local law library and do research on motions based on the research you conducted at the office of the court clerk.
  4. You should go to your local law library. Ask the librarian for the pleading guide to fight a motion for summary judgment. In California defeating that motion is fairly straight forward however it does require a fair amount of work. In a nutshell you have to prove that triable issues of fact exist. Proving disputed facts should be fairly easy provided you have decent documentation related to the dispute. Again, this is how this motion would be handled in California by someone who wanted to win.
  5. ====================================================== The specific terms of the contract I followed to the letter. That you would posture that no contractor would include an addendum that calls for a 100% simply says you've never seen one, not that the document I signed did not spell out those terms, exactly. My post was simply to ask for information. If you didn't have the information there was no need for you to respond. However since you did take the time to respond know this, I've brought more than a few actions in California in the last 2 years. I've won more than I've lost and I call a win collecting more than $4,000. Cash in my account is a win. So again, thank you for taking the time to respond to my post. If would have been more helpful had your response answered my question about employee liability however my set of particulars tell me I'll be just fine in spite of your expert counsel.
  6. The downturn in the economy in general, California economy in particular has made many local vendors competitive. Those that are still in business. The vendor who finished has done work for my frat brother which is how I learned about him albeit too late to have not gotten into my ABC situation. In this one area it doesn't appear I have the law in my favor. Losing one motion does not make for a lost at verdict however. Anyone here take a case to jury verdict in California Superior Court? I'm amazed their insurance carrier is willing to spend so much cash but it's their money so let it play.
  7. According to their trial counsel I should dismiss against the individuals. I sued the individuals because in California construction trades require a license. To my understanding individuals hold licenses as electricians, general contractors, painters, plumbers and the like. There may be a corporate license. I just do not know. ABC sent me a mailer saying they would paint my building for $20000. I thought great. Gave them $10,500. They painted the interior. Prior to their painting the exterior I learned that fair market for this scope of work is only $8,000. ABC has an addendum to their contract that says if you're unhappy we will return your cash within 3 years. Within 3 months I asked for my money back. They never replied to my refund request. Jerk from ABC called me during the business day when my boss beats me when I get personal calls. Their lawyer says he's gonna whip my fat arse in a motion hearing.
  8. ================================================== I don't know why you felt you needed to respond to the the post if you didn't know the answer. If you have that much time find a more productive use of your time. I had a question. I needed an answer. You obviously don't know the answer. Neither do I. That's why I asked. The issues you have are your own. I just asked a question.
  9. In California if C Riley Puffer who works for ABC Painting as the collection manager writes a letter threatening to lien my home 9 months after ABC Painting, Inc has painted my home, what is the CALIFORNIA STATUTE that prevents me from suing Puffer as an individual, Adam Brian Coggins who owns ABC as an individual and the corporation itself? Can I sue individuals plus the corporation? Why or why not?
  10. I believe this guys are in upstate New York. Did you sue in state court or federal court?
  11. How did you find out about this judgment? I take it the judgment was rendered fairly recently?
  12. Never ever stip to having your case heard by a temp judge. You have no real recourse. With a commissioner or regular judge you have a well established process to address judicial abuse. With temp judges they may or may not have read the bench guide. They may or may not be conflicted in hearing your matter. Are you gonna remember to ask? The downsides far outweigh the upside to ever agree to having your case heard by a temp judge. Put as much paper out there as you can. Make it really clear that the jerk hearing your case violated judicial standards, local rules, rule of civil procedure and any statute you can cite and prove. Good luck. PM me if you'd like so other ideas about how to come at this.
  13. Depends on the court. Some jurists run very tight ships. You will get a feel for what you're up against by reading the tentative.
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