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Old 04-04-2012, 04:14 PM   #826
bergermeister
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Quote:
Originally Posted by timk519 View Post
I'm thinking their position is, if they stretch this thing out long enough, you'll get frustrated, want to do something more productive with your life, run out of money, and eventually go away.

yep. and the downside for them is not much. all these crazy ideas of huge attorneys' fees and punitive damages are not going to happen. I think I posted this link a long time ago. here it is again for anyone interested in how it works.

http://www.courts.ca.gov/1016.htm

plus, normally, no attorney would take a case of this size (sorry man, just economics of it). any contingency fee will be too small, and the plaintiff would get upside down quickly on the fees to case value ratio if paying hourly.

at least the end is in sight. good luck this time!
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Old 04-04-2012, 04:22 PM   #827
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Originally Posted by bergermeister View Post

at least the end is in sight. good luck this time!


"in sight"

I wonder if that means it will go through to THREE years....



stranger things have happened
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Old 04-04-2012, 04:35 PM   #828
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read the link, the judgment on appeal is final.
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Old 04-04-2012, 05:04 PM   #829
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I found this part really interesting....

"And if the judge finds you filed your appeal in bad faith, the court may award up to $1,000 in attorney fees and also $1,000 for travel costs, loss of earnings, and lodging to the other side. Filing an appeal in bad faith means that:
  1. You filed your appeal without strong support for your position;
  2. You intended to harass or delay the other party; or
  3. You filed your appeal to encourage the other party to abandon the case
"
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Old 04-04-2012, 05:17 PM   #830
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Originally Posted by eatpasta View Post
I love when people ask stupid questions with clearly obvious answers. Of course I wish I had the better insurance!
Yes, you're smarter than I am! Im a moron - you win! You're the greatest! How could I have been so foolish?
Good, because last time you answered the question, you insisted you thought insurance was a waste of money.
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Old 04-04-2012, 05:19 PM   #831
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Hmmmm lemme see here if any of these qualify.....

Quote:
Originally Posted by SenorPeligro View Post
  1. You filed your appeal without strong support for your position;
  2. You intended to harass or delay the other party; or
  3. You filed your appeal to encourage the other party to abandon the case
hmmmm..... yup, yup, and yup!


They will find a way to drag it on....it's the only faith I have left in this city
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Quote:
Originally Posted by Burnszilla
I was SO high, I could have hunted duck with a rake
Quote:
Originally Posted by VxZeroKnots View Post
MX stuff isn't my cup of tea, but falling down the side of a mountain is
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Old 04-04-2012, 05:21 PM   #832
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They will find a way to drag it on....it's the only faith I have left in this city
Ever read Catch-22? Might prepare you for well for this battle, grasshopper.
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Old 04-04-2012, 05:23 PM   #833
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Quote:
Originally Posted by eatpasta View Post
I love when people ask stupid questions with clearly obvious answers. Of course I wish I had the better insurance!
Yes, you're smarter than I am! Im a moron - you win! You're the greatest! How could I have been so foolish?

Do you just hang around and wait for peoples' misfortune and simply point out what they did wrong like Nelson from the Simpsons?

How is it you did anything wrong? You didn't back into the lawnmower....

I don't think your lack of comprehensive insurance coverage has any bearing on the unwillingness of the city to take responsibility for the action of the lawnmower driver. Period.

FWIW...

S
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Old 04-04-2012, 06:10 PM   #834
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Good, because last time you answered the question, you insisted you thought insurance was a waste of money.
It's a toss up, really. Pay the $130 a month for proper insurance and never have anything happen for 5, 6 or 10 years that you have the bike and eventually you will have paid for the bike several times over.... or pay $30 a year for insurance and hope for the best.
If I would have been paying for the good insurance I would have already given about $7000 to the insurance company.

Either way, Im wrong.
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Quote:
Originally Posted by Burnszilla
I was SO high, I could have hunted duck with a rake
Quote:
Originally Posted by VxZeroKnots View Post
MX stuff isn't my cup of tea, but falling down the side of a mountain is
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Old 04-05-2012, 08:22 AM   #835
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So, would it be worth it for you to appeal the decision, as well? With the purpose of extracting a larger award in the next go round?

I really do not understand what the City is attempting to accomplish, other than to punish you. The award was too small to make the effort of appeal worth the risk of incurring the rath of the court.
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Old 04-05-2012, 10:35 AM   #836
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So, would it be worth it for you to appeal the decision, as well? With the purpose of extracting a larger award in the next go round?

I really do not understand what the City is attempting to accomplish, other than to punish you. The award was too small to make the effort of appeal worth the risk of incurring the rath of the court.
Agree and agree. It would seem that it almost meets the criteria stated above - delay tactics, and borderline harassment and for what?

To coin a poker term they are "opening the betting" again. They hit nothing on the river and they are just hoping I've got nothing, so they bet instead of check..... but you will only get called if you're beat....and if you get raised....

sorry - too many 12 hours days watching poker.

umm and Im pretty sure I cant appeal and even if I could, wouldn't it be moot since the city appealed?
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Quote:
Originally Posted by Burnszilla
I was SO high, I could have hunted duck with a rake
Quote:
Originally Posted by VxZeroKnots View Post
MX stuff isn't my cup of tea, but falling down the side of a mountain is
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Old 04-05-2012, 11:13 AM   #837
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Re: Insurance, you weren't wrong... you just got hosed.

I'm not kidding about calling Bill Handel at KFI and pulling a big stunt with torches and pitchforks.
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Old 04-05-2012, 11:26 AM   #838
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Originally Posted by eatpasta View Post
Agree and agree. It would seem that it almost meets the criteria stated above - delay tactics, and borderline harassment and for what?

To coin a poker term they are "opening the betting" again. They hit nothing on the river and they are just hoping I've got nothing, so they bet instead of check..... but you will only get called if you're beat....and if you get raised....

sorry - too many 12 hours days watching poker.

umm and Im pretty sure I cant appeal and even if I could, wouldn't it be moot since the city appealed?
So you are saying that they see your short stack and are threatening you with pushing all in or folding?



Kinda stupid since you already have a better hand.
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Old 04-05-2012, 11:49 AM   #839
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An appeal of a small claims action can only be brought by the defendant. There is no jury, it will be heard by a Superior ct judge. It is starting from scratch. So the whole case is reheard.

Look at the bright side. The case looks like a slam dunk. The judge could award more money. Time is money, present how much of yours was wasted in pursuing this case.
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Old 04-05-2012, 12:18 PM   #840
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So you are saying that they see your short stack and are threatening you with pushing all in or folding?



Kinda stupid since you already have a better hand.
that's exactly what Im sayin.....

they saw the flop with what Im thinking is 3-4 or 9-10 (wide preflop range) and hit nothing and i have A-K. I didn't hit anything either but when they put me all in, Im going to call because I know they dont have anything. However it still doesnt mean that Im going to win for sure....

never been a fan of AK



still too much poker in my world right now. Oh, BTW ill be playing on a live web stream at live at the bike on the 10th....if anyone is incredibly bored at 7pm on tuesday
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We shall not cease from exploration, and the end of all our exploring will be to arrive where we started and know the place for the first time.
T. S. Eliot
Quote:
Originally Posted by Burnszilla
I was SO high, I could have hunted duck with a rake
Quote:
Originally Posted by VxZeroKnots View Post
MX stuff isn't my cup of tea, but falling down the side of a mountain is
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