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Unpaid judgment for plaintiff from 9/03

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Karen Olson

Guest
California My sister and her husband filed a civil lawsuit against a homebuilder to recover damages incurred due to builder gross negligence and incompetence (including cutting off ends of engineered trusses and positioning kitchen windows six inches below counters). The case had been continued four times by defense for two and one half years prior to trial Sept 2003. First day of trial, defense attorneys failed to show up at 9:00 a.m., finally showed up at 1:00 p.m. Second day, defense attorneys failed to appear - one had gone on vacation - the other claimed he was in the hospital due to heart attack. Case postponed until the following Monday. During the weekend, it was learned that the attorney who "suffered a heart attack" had never checked into the hospital and was lying. The jury deliberated half and hour and not only found in plaintiffs' favor, but wanted to give plaintiffs a substantial sum in punitive damages - which the judge informed them they could not do. The judge also fined the defense attorney $4,000 for lying to the court. At the debtor's examination sometime later, defense attorneys again failed to appear. Plaintiffs remain unpaid and continue to incur attorneys fees. Defense attorneys recently filed an appeal based on manufactured claims unsubstantiated by court records including stating that the plaintiffs had submitted evidence that had been withdrawn. Judgment: about $65,000; attorneys fees - so far - $75,000. Plaintiff's attorney - in response to the bogus appeal - wrote a 20 page rebuttal with many "even assuming that defendants...." caveats and then went on to cite cases refuting these phantom "facts". Everyone except the injured parties seems to be benefitting from what was an open and shut case. I'm thinking that armed with the judgment, they should have or should now dump their attorney and hire a collection agency to collect on the judgment. Any opinions?
 


M

major marco

Guest
Where did you find these clowns -morons R us?

Get a *reputable* atty next time from a *reputable* firm. Don't just open the yellow pages and pick any joker with a big ad.
 

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