Motion to quash

[rooney99]

What is the name of your state? tx
i have a case pending in scc. i am suing a merchant for breach of implied warranty/merchantability. product i received does not match their sample ordering book. they requested jury trial, refused mediation, etc. i filed subpoena for sample book from merchant-their attorney filed motion to quash and protective order. i am answering court in regards to this, but how can i prove my case when defendant is in sole possesion of evidence. and why protection order? i have not spoken to client since mediation attempt.
thanks. i feel like ee cummings in all lower case.

 

[s_hale]

just a thought. . . since the suit is over misrepresentation of merchandise in a catalog. . . the catalog should be part of evidence in a jury trial. have you spoke to your attorney in regards to this matter or are you going to a jury trial representing yourself?

 

[rooney99]

I am representing myself in this matter- the amount is under $500.00, and i cannot afford an attorney. The merchant is a local business- this was not a catalog sale. The sample i need is a physical sample they keep in the course of doing business.
any thoughts?

 

[s_hale]

while in court -in front of judge and jury-request the catalog - will they deny it to you in front of judge and jury?

 

[rooney99]

Settled out of court today- did not have to worry about it...
thanks!

 

[I AM ALWAYS LIABLE]

Settled out of court today- did not have to worry about it...
thanks!

My response:

Well, that's a "conclusion." However, what brought them to this point? What was said? What was the actual outcome?

IAAL

 

[spike1951]

Yea - now the rest of the story ????

per above how did they settle, pay the $500?????

I have been in two suits for about a year and a national company has spent well over $10,000 defending a SCC $900 suit by me. I've offered to settle a year ago for a simple letter claiming no fault but stating what they said could have been misunderstood as implying fault on my part. I offered to settle for $124 at a mediation a week ago, only if they settled during the court ordered mediation, they did not?

I don't want any of this companies stock, seems like a BAD investment to me.

 

[rooney99]

regarding the settlement before the trial- i filed against the business because i was sold a defective product. they admitted fault initially, but later said i caused defects. i tried mediation prior to court,they would not attend- then asked jp court to send to mediation again before jury trial. that mediation was laughable- substitute attorney for the defendant was rude, belligerent, and looked at his watch the entire time. defendant could not talk to me without him intervening. trial was scheduled for this week-2 days prior actual attorney called with attempt to settle. i settled for product cost plus most of my filing fees. i was willing to go to court and present my case. but it was just not worth it to trek to court anymore, plus time to work on case, etc.- amt. was under 400.00! i cannot fathom why they would spend $ for attorney over this- they paid him way more than they owed me.