What kind of trick is the LLC planning at pretrial?

[houstodl]

What is the name of your state (only U.S. law)? Florida
have a pre-trial date against an individual & a LLC ( private lawyer) in 3 days. My family rented a Florida vacation home in FL. We live in IN. 1 day prior to our departure for the vacation home, the supposed owner emails & says they suffered water damage to the property from a burst pipe. They stated we could have a 40% refund if we kept our reservations. We agreed. During our stay we had several problems with the home & the property. Such as poor air cooling on 2nd floor, clogged pipes, inconvenienced by waiting on plumbers for 2 days,inoperable boat lift ,motor malfunction on rental boat AND on the 4th day of our stay, the home's 2nd bathroom suffered a burst pipe. My family did the flood cleanup at midnight. I could go on & on about problems with home.
In a nutshell ,the owner/ broker then promised a 100% refund after all the problems. No refund was received . I sued the lady who brokered the deal. She posed as the owner, but I think the LLC is in control of the property.
I have all promises of refunds in emails, but I am worried the LLC has something up their sleeve. Is there anything I should be prepared for? I can not imagine why the LLC did not just pay the original 100% refund , since now there will be added court costs & travel expenses that I have added to the suit.

 

[racer72]

The only thing up anybodys sleeve is the travel expenses that you are not going to get. The only other thing is they know you don't have an attorney and figure you are easy pickings.

 

[latigo]

Two things are essential for the plaintiff to sustain a civil action.

1.The plaintiff has a claim, which if proved, entitles the plaintiff to relief as a matter of law.

2. The plaintiff is asking for that relief from the responsible party(s).
_________

On face the factual circumstances would appear to entitle you to restitution.

BUT are you seeking that restitution against the responsible party(s)?

And the answer to that question is not made clear by your post.

All you tell us is that you “sued the lady who brokered the deal”. From which one would assume that the lady defendant was the agent for the owner.

And even though you tell us that she “posed as the owner” and refer to her as “broker/owner”, she can’t be both principal and agent.

What I’m trying to feebly point out to you is that you obviously knew that you were dealing with the broker/agent of the owner and NOT the owner of the property.

And since she was merely acting as the disclosed agent of the owner, she is NOT personally responsible to make restitution.

(No more than a cashier at Wal-Mart is personally responsible to refund money to a customer for a defective item purchased at Wal-Mart.)

SO, if you haven’t filed this case against the record owner of the property (the individual or entity whom this lady was representing in making the “deal”), your trip south for the pretrial may be wasted.

 

[Ohiogal]

Who signed the rental agreement? Who paid for the rental? Who filed suit? What is being sued for exactly?