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Witness died

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kingzito

Junior Member
What is the name of your state? CA

One of the key witnesses named in this lawsuit by plaintiff (I'm the defendant) died. I just found this out today. He passed away from a heart attack last Thursday. It is very sad as I somehow hoped to reconnect after all this mess was over. :(
My curiosity - how might this effect this case? He wasn't depo'd as far as me and my attorney knew. Also, my attorney filed for MSJ about 2 weeks ago. I wonder what happens now?
 


rmet4nzkx

Senior Member
kingzito said:
What is the name of your state? CA

One of the key witnesses named in this lawsuit by plaintiff (I'm the defendant) died. I just found this out today. He passed away from a heart attack last Thursday. It is very sad as I somehow hoped to reconnect after all this mess was over. :(
My curiosity - how might this effect this case? He wasn't depo'd as far as me and my attorney knew. Also, my attorney filed for MSJ about 2 weeks ago. I wonder what happens now?
Back in January I gave you the answer to your problem, you ignored that advice. You have given us the facts that prove her case. I am not going to go into it now. Even if this witness died, she has other proof of your conduct to sustain her case. Who is this witness? You made a MAJOR error, well several. You will pay big time and still lose. The judge won't grant the MSJ, so either figure on a settlement or losing at an expensive trial.

While it doesn't seem fair to you, it doesn't mean the world revolves around you.
 

kingzito

Junior Member
This case won't be won because it has no merit. There are no facts I gave you for you to arrive at that conclusion. I have won every victory thus far in court and have a darn good attorney. I'm just curious if this makes a difference?
This guy was not depo'd because there probably was no need. My question was if this witness was part of their story - what effect will that have now if he can no longer give testimony.

PS> You're kind of an A$$. I have no idea about the world revolving comment with my few posts and your countless ones...
 

rmet4nzkx

Senior Member
kingzito said:
This case won't be won because it has no merit. There are no facts I gave you for you to arrive at that conclusion. I have won every victory thus far in court and have a darn good attorney. I'm just curious if this makes a difference?
This guy was not depo'd because there probably was no need. My question was if this witness was part of their story - what effect will that have now if he can no longer give testimony.

PS> You're kind of an A$$. I have no idea about the world revolving comment with my few posts and your countless ones...
My one post to you was brief and to the point. Something you cannot overcome because you are estoppeled. Ask your attorney how you are going to overcome something you cannot contridict, then you can call me an A$$.
 

kingzito

Junior Member
Here's the advice you gave me although you just named the code:

623. Whenever a party has, by his own statement or conduct,
intentionally and deliberately led another to believe a particular
thing true and to act upon such belief, he is not, in any litigation
arising out of such statement or conduct, permitted to contradict it.


It's not as black and white as this and you're rather naive (all thousands of posts of yours) to believe this.

PS. She has no other proof, dead lying witness included. My point of my posting was about frivolous law suits and one has no choice but to defend themselves otheriwse risk a default judgement. NO SETTLE.
 
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kingzito

Junior Member
rmet4nzkx said:
My one post to you was brief and to the point. Something you cannot overcome because you are estoppeled. Ask your attorney how you are going to overcome something you cannot contridict, then you can call me an A$$.
Learn how to spell contradict and I might. Go back to law school, junior. :p
 

rmet4nzkx

Senior Member
She doesn't need any witnesses, all she needs is an extract from the recorders office :p
Gosh, this is like shooting fish in a barrel. It's clients like you that make attornys rich :rolleyes:
 

rmet4nzkx

Senior Member
If I was wrong, you can bet the attorney's would be all over my A$$, and would have done that last January when I originally responded to you, but as it is, they are laughing at you. :D
 
O

OhBullship

Guest
kingzito said:
Learn how to spell contradict and I might. Go back to law school, junior. :p
Oh dear! You have REALLY screwed up now.

Rmet is a very thorough and knowledgeable poster. If you received incorrect information from rmet it's because you weren't smart enough to include the right information in your posts.

Of course the situation is more complicated than her answers suggest, this is a message board and all she has to go on are posts from a repugnant loser who only wants to hear how correct he is.

If you don't like the answers you can create a life for yourself that doesn't suck so that you don't have these problems.
 

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