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| 5/24 |
| 2009/5/8-15 [Reference/Law/Court] UID:52973 Activity:kinda low |
5/8 http://csua.com/?entry=52724 I had my day in court today. Was awarded the $350 he owed me, $150 in damages, and $200 for having to drive down from SF to LA. If I had a pay stub, he probably would have given me money for PTO. The case went extremely quickly. He asked when I moved out, how long I lived there (2.5 years) and if I got a statement of deductions within 21 days. I hadn't (postmark was 24 days) and he asked the landlord if he mailed it within 21 days. The landlord (who is old and nearly blind) said that he was sick and was a few days late. But the judge said that the law was "very, very strict" when it comes to the deposit and that was the end of that. He didn't care whether or not the deductions were "reasonable". Yay justice! In a month or two, I'll send an update with how my collection process is going. \_ good job taking $700 from a blind man! \_ your brain has been classified as: slave of emotion \_ http://antagonie.blogspot.com/2009/04/attack-of-returned-evil-blind-dead.html \_ justice! just because he's old means he can arbitrarily deduct money? his wife always seemed very lady-macbeth-like. \_ good job. blind or not, he was probably relying on your being out of the area. as i advised you earlier, the law is pretty strict, so as long as the judge find you credible [tried to work it out, so as long as the judge finds you credible [tried to work it out, not asking for $10,000], he'd probably rule for you. \_ good job, seconded the above comment. Being old or insane or stupid are not excuses. I congratulate you. You've learned to fight for your justice, and that you'll need to do this over and over again throughout your lifetime so better learn to fight for your right now than later. Life is unfair, and the law is for your rights now than later. Life is unfair, and the law is there to help you. In this case, the law prevailed because you did your job as a citizen of justice. Good job, and CONGRATS! you did your job as a citizen of justice. Also, by doing so, you're indirectly helping your fellow citizens as your action is a deterrent for future offenders. Good job, I whole heartedly thank you for being such a good citizen, and CONGRATS! \_ I second this sentiment. \_ with small claims, getting the judgement is the easy part. Collecting on it is what is hard. \_ i dont get the sense that this guy is a "hardened criminal" but just going for the easy shakedown. i suspect if the fmr tenant indicates he'll file for a lien against the property, and/or contempt of court, this guy will pay, if not immediately upon losing, since the fmr tenant has already demonstrated "resolve". \_ Here is what happened to me if you're wondering: I lent my motorcycle to a "friend" in the parking lot who was begging to learn from me. He's a full time bus driver in San Diego. We did this many times, so why not. He went fast, and wrecked it, but promised payment and gave me his contact, and left. Two I lent my motorcycle to a "friend" in the parking lot. He's a full time bus driver in San Diego. Why lent the motorcycle? I've done it many times with my other friends, so why not. He wrecked it, promised payment, gave me his contact, and left. Two weeks later he said "Sorry you should have known better, you've learned your lesson." I filed for SC and served the paper to his address but it's fake. I totally forgot that he also specialized in fake IDs. Anyways, I hired a PI who helped me get through the process, step by step. Fees included getting his actual address, his employer information, serving paper (actually very hard since he could refuse signing and invalidate my SC, which he did), and collection. Around the same time I also "consulted" with a lawyer for 10 minutes and charged only $45 but he was COMPLETELY USELESS. Anyways, I filed, then he delayed the court date, then I won the case, then he appealed, then he delayed the appeal court date, then finally I won the case again. I wrote him 2 letter asking for payment, and after a month of inaction as anticipated, I got in touch with his employer's Wage Garnishment Department to collect payment (yes, a lot of bus drivers are child molesters, debters, and shady characters in general so they have a special department just for that). Yes I got paid but then I started getting "weird" calls. I moved and changed my number, several times. What an adventure, but it was all worth it. The best part was the court made him pay for my private investigator because he was so elusive! The judge hated that! LOL he sure learned his lesson. Here is the full chono: 2003: 4/3 http://csua.com/?entry=27971 wreck "car" (really a motorcycle) 5/8 http://csua.com/?entry=28377 he gave me a fake ID 6/14 http://csua.com/?entry=28730 can I use digital pictures? 7/1 http://csua.com/?entry=28888 his friend refused to go to court 10/8 http://csua.com/?entry=10547 won first time 10/31 http://csua.com/?entry=10888 thinking back 11/5 http://csua.com/?entry=10954 he delays court date 2004: 1/20 http://csua.com/?entry=11839 lawyer in small claims? 1/27 http://csua.com/?entry=11974 serving the paper? 4/6 http://csua.com/?entry=13034 Garnishment how to's 4/7 http://csua.com/?entry=13067 Writ of Execution (garnishment) 5/22 http://csua.com/?entry=30368 Got notice about garnishment 6/2 http://csua.com/?entry=30550 Got my MONEY!!! 9/23 http://csua.com/?entry=33725 Beware of retaliation, esp. from shady characters Unrelated to the above, but goody (not me, but was interesting): http://csua.com/?entry=12128 Landlord asshole http://csua.com/?entry=26050 Move out deductions? http://csua.com/?entry=28520 $150 worth suing? http://csua.com/?entry=31179 Holiday Inn assholes \_ my life is so boring \_ Curious: how did you win in the first place? it sounded like you couldn't get the witness (friend of the opponent) to cooperate, so I wonder what proof you had. |
| 5/24 |
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| csua.com/?entry=52724 I wrote him a "strongly worded letter" and followed it up with a "Pay up or I'm going to file a small claims court in 10 days" template. He didn't respond so I filed a claim, but the day I filed a claim, he wrote me back and added $250 to the deposit. If I hadn't already spent the $60 on the filing, I would have been happy and taken the money and gave up. As is, I think I should probably still do that, but I'm interested in learning about the whole legal process. The worst part is that I'm guessing that the judge won't give me the 2X deposit that I'm suing for because he's no longer acting in "bad faith"... you cant say they reason your pursued the case was to see how the system would work. Also, I am not sure if your cashing the check has any legan bearing ... if a landlord tried to evict you but takes legal bearing ... if a landlord tried to evict you but takes money from you, it alters the situation for him . He's still deducting $250 from my deposit for things like paint, but I lived there for 3 years, longer than the typical life of cheap apartment paint. I don't want to waste the judge's time, but I thought small claims was for exactly that... By the way, there are a lot of obligations in CA for landlord wrt to deposits, especually if he doesnt return the whole amount. That said, the trend in modern justice is toward mediation and, well, breaking even, so since you're already getting what you wanted (minus $60), a judge is likely to tell you to get lost. pp, IANAL \_ limit is now $7,500 in CA for small claims \_ See? If it is the former, you can still reasonably sue, if it is the latter, I can't see what your claim would be. If he gave you $600+$250 then shut up and take your money. Judges like to see this follow up since if it works, it saves them time. Make copies of everything you send so you can show it to the Judge. Oh, and buy a book on how to collect your judgement if you win; it's not just a matter of having the Judge make the landlord hand you the money. Here's the real accounting: Deposit: $1060 First Check: $460 Second Check: $250 I'm going to cash the check today and have someone serve him papers tomorrow. I will also write him a letter saying that I received his second check but that he is still short $350 and that he should pay me the $350 or contact me if he wants to settle this out of court. Was awarded the $350 he owed me, $150 in damages, and $200 for having to drive down from SF to LA. If I had a pay stub, he probably would have given me money for PTO. com/s/ap/20090304/ap_on_re_as/as_japan_reading_japanese \_ Well, yeah. It's managed to get all the detriments of both pictoral and phonetic writing, with none of the benefits of either. This for a language that, phonetically, can fit within a subset of the latin characters. com/2008/03/23/91-san-francisco \_ this guy started out boring and got more dull from there. LA is a great place to visit, but not so great to live in. I've been living here all my life (minus the best 5 years of my life in Northern Cal). I don't have a choice to leave LA thanks to my lame family that I need to watch ... com/b68rty \_ My house just got appraised for 2x what I paid for it in 2001, which is down from 25x in 2007. I'm really upset about it, especially since the appraisal was because I refinanced at ... I'm going to write him a followup letter saying he never responded. Is the next step to go to some free legal clinic and then take him to small claims? when I moved in, I knew this would happen so I've tried to keep ... Three units on my floor (of a 80 unit apartment) are now vacant, in less than a month. The weird thing is my landlord is increasing the rent by $200 a month, bumping it to $2200. I'm told her about the rate out there, and she only budged $100. Please don't give me this "this is why I buy a home" crap. Not everyone has money: -S Cal, $2055/month with 9 month contract expired. Signing one more year=$2055/month, month-to-month=$2255. Bunch of empty parking spots and people moving out, but according to the ... |
| antagonie.blogspot.com/2009/04/attack-of-returned-evil-blind-dead.html Tombs of the Blind Dead is that it really isn't a sequel in any of the ways that word is usually meant. It's certainly not a classic follow-up in that it looks at the same characters in events subsequent to the first movie; Dawn of the Dead-style continuation, taking place later on in what can roughly be thought of as the same chain of events, though in a completely different place from the original. Return of the Evil Dead into the same chronology as Tombs at all; it is a sequel only in that it uses the same concept as the earlier film, and tells a wholly different story using the same titular undead killers. In Return of the Evil Dead - actually, if you'll forgive me, I'd like to spend a few minutes talking about that title. reviewed it, is actually titled in Spanish La noche del terror ciego, "The Night of the Blind Terror", making it one of the few times in history when a European horror film's title was improved by its American distributors. The sequel, in Spanish, is El ataque de los muertos sin ojos - "The Attack of the Blind Dead", which not only removes the implication that the same Blind Dead from the first movie are the ones that are returning, it also includes the phrase "Blind Dead", the whole damn reason we're seeing the film in the first place. but you know, they don't pay me to bitch about American distributor's names for movies that were released before I was born. I just want to register my belief that in a saner world, we'd be calling this Return of the Blind Dead, and move on. Ah, yes: in Return of the Evil Dead, we find ourselves once again in a small Portuguese town, here called Bouzano and not Berzano like in the original (this might just be a subtitling issue, but I am pretty sure the actors pronounce the two words differently. It's sometime in the 14th Century, and the local townsfolk have gotten sick and tired of these Satanic Crusaders drinking the blood of virgins right and left. When we join them, they've already gone most of the way to fixing this problem: the knights are bound to stakes, speaking haughty words about how they're going to live forever. The villagers' respond to this claim by blinding the knights with the business end of torches. Do note that in Tombs the story is that the knights were hung in the town square, their eyes pecked out by crows. And let us then return to the notion that this sequel is more of a riff on the first film, instead of anything in the same continuity. Return of the Evil Dead takes place on just such a festival, the quincentennial of the knights' demise. In all those years, there hasn't been a peep out of the blind dead, but all that is going to change if the creepy, lazy-eyed hunchback Murdo (Jos Canalejas) gets his way. Incidentally, the whole bit where Murdo resurrects the zombies is cut from most English prints of the film, meaning that they have no particular reason for rising and he has no particular reason for existing at all. Let us take this opportunity to once again thank the good people at Blue Underground for making the Spanish version of the film available in such a handsome DVD edition. While Murdo is skulking around, resurrecting Templars, there's a whole lot of personal drama going on in Bouzano, which boils down to this: Jack (Tony Kendall), the man hired by Mayor Duncan (Fernando Sancho) to put on the fireworks show, used to have a relationship with the mayor's girlfriend, Vivian (Esperanza Roy), and since her attachment to the politician is largely motivated from mercenary concerns, it doesn't take long for the two of them to hook up again, which pleases neither Duncan nor his hatchet-man Howard (Frank Braa), who has been quietly lusting after Vivian ever since she showed up in town. The first thirty minutes or so of the movie follows this thorny situation, and the gala festivities that take place on the night of Jack's arrival; and then, just when we're starting to get restless, the blind zombies pop up, terrorise a young woman named Moncha (Loreta Tovar) on the outskirts of town, and eventually make their way to the festival, where they kill most of the townspeople except for a handful who make a break for the nearest point of civilisation to seek help, and another handful - conveniently including Jack, Vivian, Duncan, Howard, Moncha, Murdo, and a fella named Bert (Ramn Lillo), his wife Amalia (Lone Fleming), and their daughter (Maria Nuria) - hole up in the church on the town square, hoping to survive until any kind of help comes. Most of the second half of the movie is focused squarely on the people in the church, and the ways that their petty personal squabbling leads directly or indirectly to their death at the Templars' hands. Okay, so let's be fair: if we started discounting zombie movies that didn't baldly rip-off Romero's films, especially the first two, we'd be left with very few zombie movies indeed. And as retreads of Night go, Return of the Living Dead is exceptionally successful. Yet a retread it is, and the precise nature of the retread means that it is not nearly so marvelous and unique as the film that preceded it. In Tombs, the Blind Dead were a rumor and a myth, only present for perhaps 15 minutes of a 100-minute movie. In this sequel, with its Romero-esque need for the ghouls to be a constant, hovering threat, they're onscreen for something much closer to half of the time, which robs them considerably of their atmospheric quality. Besides that, there's a huge difference between undead knights that shuffle around slowly, hunting for their prey by sound, an undead knights that swing their swords through crowds of screaming people. Return of the Evil Dead commits that most heinous of all horror movie sins: it shows too much, when the effectiveness of Ossorio's zombies previously lied in how very little we actually saw of them. They have become, in this sequel, an antagonistic force to overcome, not a supernatural force that can, at best, only be avoided. I mean, all things considered, this is still a pretty good zombie movie; it just suffers for not being next door to perfect, like the first one. The Blind Dead themselves are, of course, still masterpieces of design; though unless my jaundiced eyes deceive me, the costumes seem a good deal cheaper, more latexey. Maybe that's the fault of how much screentime they get, maybe it's how they were lit. But still, they look way more creepy than just about any other movie zombies out there. And the characters, although none of them are individually as interesting as Bet from Tombs, are probably more developed than is necessary for a genre that is by its nature mostly unconcerned with strong characters. Even the supremely musty "girl torn between her true love and her wealthy boyfriend" subplot is much more engaging than something this clichd has any possible right to be. I understand that "there are many ways in which it does not suck" is not a rousing defense, but we are talking about a zombie picture here, and you can never take for granted that a zombie picture - especially a European zombie picture - will come even close to justifying its cost in film stock. For this, I must still tip my hat to Ossorio in gratitude. |
| csua.com/?entry=27971 Now he's being an asshole and wouldn't pay for it (ok fine he's not a friend). I've called my insurance company and they said they'll take care of everything. Is the premium increase proportional to the cost of the repair? there are probably a lot of factors that will go into the increase amount. if you have already disclosed this to your insurance why not just ask them? The friend's insurance will only apply for liability if anything. If he has any balls, he'd pay your deductible and buy you drinks for life. Your rates will go up for *any* claim and they'll go up even more for bigger claims and then again some more for doing something *REALLY FUCKING STUPID* like loaning out your car to someone else which shows a *TOTAL AND COMPLETE LACK OF BRAINPOWER* on your part. You can expect your rates to rise by at least 30% and maybe more and I have no sympathy for you. php \_ LA has the worst traffic jams in the nation, but also one of the most extensive public transit systems, very high usage, and is also \_ LA has the worst traffic jams in the nation, but also one of the ... |
| csua.com/?entry=28377 And you still haven't told us what information you do have on him: driver's license, license plates, etc. However, that should be a last resort because it can get somewhat expensive. If the person fails to answer within a certain time, you can take that person's default. Then you hire a private investigator to find the person and his assets. The cost depends on the judge, particularly on how many publications and for how long - check your local rules, but hopefully, you are in a situation where you can recover costs and fees. Also, lest I forget, service by publication generally does not work for small claims matters, but once again, check your local rules. I want to get a new smartphone, preferably with wifi, touchscreen, and 35mm headphone jack. I don't plan to pay the monthly $$ for a data plan though, since wifi is good enough for me. |
| csua.com/?entry=28730 If you DO doctor photos and get caught you are in for loads of trouble. Can I still use digital pictures as evidence in a small claims court? The small claims court judge will decide based on anything they feel like. Who says they're digital sourced anyway once you've had them printed on kodak? if it was regular court, you wouldn't only have the judge to worry about but the opposing party. that a photo was doctored would come out on cross-examination. the opposing party would very likely have the photo ruled inadmissible on lack of foundation alone. even if the rules are way more relaxed in small claims court, there has to be some similar mechanism, i'd imagine. I just told you small claims court judges decide based on whatever they feel like. The typical case time in front of a judge is about 45 seconds for each side. That could be more firepower than any pictures, digital or not. i highly doubt that digital pictures would be ruled out as evidence. Was awarded the $350 he owed me, $150 in damages, and $200 for having to drive down from SF to LA. If I had a pay stub, he probably would have given me money for PTO. I wrote him a "strongly worded letter" and followed it up with a "Pay up or I'm going to file a small claims court in 10 days" template. He didn't respond so I filed a claim, but the day I filed a claim, he wrote me back and added $250 to the deposit. If I hadn't already spent the $60 on the filing, I would have been happy and taken ... com/s/ap/20090304/ap_on_re_as/as_japan_reading_japanese \_ Well, yeah. It's managed to get all the detriments of both pictoral and phonetic writing, with none of the benefits of either. This for a language that, phonetically, can fit within a subset of the latin characters. I'm going to write him a followup letter saying he never responded. Is the next step to go to some free legal clinic and then take him to small claims? when I moved in, I knew this would happen so I've tried to keep ... |
| csua.com/?entry=28888 htm \_ All well and good, but it's pretty difficult to make a witness show up AND be useful if they're not interested. We are having to resort to an uncooperative witness in one of our cases (on the bright side, the opposing party isn't having much luck either). Your best bet is to get him/her to cooperate, but beware of anything that may be construed as creating bias. Otherwise, you'll have to go through the trouble of impeaching him/her on the fabrications. Was awarded the $350 he owed me, $150 in damages, and $200 for having to drive down from SF to LA. If I had a pay stub, he probably would have given me money for PTO. I wrote him a "strongly worded letter" and followed it up with a "Pay up or I'm going to file a small claims court in 10 days" template. He didn't respond so I filed a claim, but the day I filed a claim, he wrote me back and added $250 to the deposit. If I hadn't already spent the $60 on the filing, I would have been happy and taken ... htm Click here to return to the Self-Help home page 10 Return to Self-Help Center Home 11 Ask the Librarian 12 Free Legal Help 13 Search the Self-Help Site 14 Site Map 15 Glossary 16 Site Help 17 Return to the California Courts home page Other Small Claims Topics: 18 Small Claims Basics 19 What To Do If You Are Suing 20 What To Do If You Are Being Sued 21 Mediation 22 Research Your Case 23 Get Ready for Court 24 Collect Your Judgment 25 County-Specific Court Information 26 Small Claims Links 27 Questions and Answers 28 Forms For Small Claims Cases 29 Spanish/Espaol You are here: 30 Small Claims > 31 Get Ready for Court > Subpoena a Witness Subpoena a Witness Do I need to subpoena someone? You need to subpoena a witness if: * Your witness won't come to court, or * Someone won't give you the documents you need to prove your case. A subpoena is a court order that says that your witness has to come to court. It can also say that someone has to bring certain papers to court at your hearing. You can get your subpoena (form SC-107) from the small claims clerk or 32 download it here (in PDF format). You'll need to know the name of the witness that you want to come to court. Or exactly what papers you want the person to bring to your hearing. Fill out pages 1 and 2 of the subpoena ( 33 form SC-107). The clerk will look at the subpoena and may ask you a few questions. After the clerk signs and stamps the subpoena, make copies. After you make copies, deliver (called serve) the subpoena to the person or business you are subpoenaing. Serve a copy of the subpoena - not the original signed and stamped by the clerk. After the subpoena is served, fill out Page 3 of the original subpoena (form SC-107). Have the person who served the subpoena sign at the bottom of page 3 After you complete page 3 of the original subpoena and have it signed, return the subpoena to the clerk before your hearing. Witnesses can ask for $35 a day and 20 cents a mile each way. If your witness asks to be paid, bring the money when you serve the subpoena. If you don't pay before the hearing, the witness doesn't have to show up. Note: You don't have to pay anything if your witness doesn't ask for money. |
| csua.com/?entry=10547 Should I attempt to negociate with the Defendant before next year? The judge awarded me the full amount of the repair PLUS money I paid to a private investigator who found his address/new number because he did a pretty good job evading me (moved, changed #, etc etc). Sounds strange given what you've mentioned, and no one would want to repeat whatever mistakes were made. Was awarded the $350 he owed me, $150 in damages, and $200 for having to drive down from SF to LA. If I had a pay stub, he probably would have given me money for PTO. I wrote him a "strongly worded letter" and followed it up with a "Pay up or I'm going to file a small claims court in 10 days" template. He didn't respond so I filed a claim, but the day I filed a claim, he wrote me back and added $250 to the deposit. If I hadn't already spent the $60 on the filing, I would have been happy and taken ... I'm going to write him a followup letter saying he never responded. Is the next step to go to some free legal clinic and then take him to small claims? when I moved in, I knew this would happen so I've tried to keep ... |
| csua.com/?entry=10888 It is quite informal and arbitrary, just like politburo, and you're at the mercy of whoever's the judge that day. For me, I spent a lot of time organizing photos, documents, NOTORIZED documents, etc but the judge didn't even ask for them. She hit me in a crash and she didn't have a driver's license. Oh, the judge did look at the repair estimate slips I showed him before setting the amount, though. The court only decides who wins and for how much, if anything. It allows little people without a lawyer to sue and win thousands of dollars with little time, expense, or expertise in the law. If they're entirely under the table it will be harder but not always impossible if you keep on them. However, it is true that for a very small claim you will spend way more time and effort than the money involved. The paper gives you rights to garnish any information on that person and allows you to mess up his/her credit rating and allows you to seize properties, assets, and more commonly, wages. The other way is to pay for a private investigator who will do these things for you. You can always find one that'll charge $0 if not collected. Was awarded the $350 he owed me, $150 in damages, and $200 for having to drive down from SF to LA. If I had a pay stub, he probably would have given me money for PTO. I wrote him a "strongly worded letter" and followed it up with a "Pay up or I'm going to file a small claims court in 10 days" template. He didn't respond so I filed a claim, but the day I filed a claim, he wrote me back and added $250 to the deposit. If I hadn't already spent the $60 on the filing, I would have been happy and taken ... |
| csua.com/?entry=10954 However, today I just got a new notice titled "Clerk's Notice of Continuance RE: Hearing" and the date is 2/27/04. Ask opposing council why a court should even consider an appeal. I wasn't even aware an appeal of a small claims judgement was possible but I guess it makes sense sort of. Anyway, see if there's a way to file to dismiss or otherwise squash their whole thing and try to get any dates moved up because it looks like the person is just trying to delay in the hopes you'll give up and go away. Was awarded the $350 he owed me, $150 in damages, and $200 for having to drive down from SF to LA. If I had a pay stub, he probably would have given me money for PTO. I wrote him a "strongly worded letter" and followed it up with a "Pay up or I'm going to file a small claims court in 10 days" template. He didn't respond so I filed a claim, but the day I filed a claim, he wrote me back and added $250 to the deposit. If I hadn't already spent the $60 on the filing, I would have been happy and taken ... I'm going to write him a followup letter saying he never responded. Is the next step to go to some free legal clinic and then take him to small claims? when I moved in, I knew this would happen so I've tried to keep ... |
| csua.com/?entry=11839 but this guy is asking about an *appeal*, which is probably going to be in superior court. In appeal both sides can have lawyers, and it is usually wise to do so. Was awarded the $350 he owed me, $150 in damages, and $200 for having to drive down from SF to LA. If I had a pay stub, he probably would have given me money for PTO. |
| csua.com/?entry=11974 Most counties have them, and they will serve papers for a small fee. |
| csua.com/?entry=13034 Is there anything else they do, or they (SDUSD) actually expects a lot of unpaid lawsuits? Cool someone's actually following my posts, this is really cool! Anyways he is a school bus driver and after the incident I've lost a lot of respect for bus drivers. I bet most of them beat their wives and fail to pay child alimony. Was awarded the $350 he owed me, $150 in damages, and $200 for having to drive down from SF to LA. If I had a pay stub, he probably would have given me money for PTO. |
| csua.com/?entry=13067 I'm asking because Write of Execution, wage garnishment only takes out 25% of the paycheck per month, and given the defendants' job is very flexible, he may very well quit his job and find something else. So should I do both or just do Writ of Execution and hope for the best? I'd rather hear more about how this dude hit you, what sort of damages you're seeking, funny anecdotes about pumping a bus driver for money. If you entertain us, we're more likely to do your google legwork for you. many bus drivers are child molesters and wife beaters this bastard evaded me for a very long time till my private investigator tracked him down. now he owes me the original amount, money I paid to the PI, processing fee, AND interest. Was awarded the $350 he owed me, $150 in damages, and $200 for having to drive down from SF to LA. If I had a pay stub, he probably would have given me money for PTO. I wrote him a "strongly worded letter" and followed it up with a "Pay up or I'm going to file a small claims court in 10 days" template. He didn't respond so I filed a claim, but the day I filed a claim, he wrote me back and added $250 to the deposit. If I hadn't already spent the $60 on the filing, I would have been happy and taken ... I'm going to write him a followup letter saying he never responded. Is the next step to go to some free legal clinic and then take him to small claims? when I moved in, I knew this would happen so I've tried to keep ... |
| csua.com/?entry=30368 I won and submitted the Writ of Execution, Earning Withholding Order to the Sheriff who served it to his employer. He threatened to counter sue me with injuries that he didn't even have, and changed his phone number so that I couldn't call him anymore. I didn't want to raise my insurance premium and certainly didn't want to pay for damages outa my pocket money so hired a private investigator, who had a really really hard time tracking him down since he is so clever and elusive. After the private detective served the paper, he filed for delay. So 3 months passed, he lost the case, and filed for appeals via mail. He wrote a check for $1-2 more than necessary to the court clerk, and being government and all they had to cash, refund, etc before they could proceed with the appeals. Just because he's poor and uneducated doesn't make him less guilty for being a lying scumbag. That's pretty much what both of the judges told him in court. It's one thing if the guy agreed to pay, and then the op realized the bus driver was a poor guy, and forgave the debt. But this bus driver was not acting in good faith, and was trying to avoid his obligations. So yes I still think the op is a loser and should at least have given the bus driver a break -guy who grew up poor \_ So you hold people with less money to a lower moral standard? I'm sorry but \- Those of you motivated to reflect a little deeply, in these times, on wealth, on justice, "the good", means and ends, and most of all, "might and right", ought to read the Republic. org/u/7f2 One of the first bits is on "wealth and morality". I suppose you can wait for the MEEL Gibson and Brad Pitt version. off the top of my head, the main thing for which penguin is not one of the standards is homer. when I buy a translation, I usually go to the kind of store where there are lots of them side by side, and usually read at least a chapter out of each right there in the store. In my experience penguin is inferior to almost any other edition, if one exists. you want to put your assessment of greek or latin or italian over the berkeley classics faculty, be my guest. in individual cases there may be better options, like say one of the recent "pedagogic thucydides", based on your particular background and interest, but penguins do have a good general reputation. i should clarify when i mean classics i mean Classics with a Big C --psb \_ You can find faculty somewhere to recommend almost every translation there is. Instead of being a total piece of crap, maybe he should have spent 1/10th as much time learning to drive, getting an education, or any number of other things that would improve his life instead of putting all his time and effort into being a piece of total garbage. I not only have no sympathy for the bus driver but I loudly applaud the OP for keeping on this asshole, not letting him get away with it and making him suffer. As for the education part, not everyone is cut out for college. Some people simply aren't smart enough, though this guys sounds pretty clever. Making fun of him (and getting payback) because he is lying scum is fine. This is different from stealing a loaf of bread to feed your starving family. Was awarded the $350 he owed me, $150 in damages, and $200 for having to drive down from SF to LA. If I had a pay stub, he probably would have given me money for PTO. I wrote him a "strongly worded letter" and followed it up with a "Pay up or I'm going to file a small claims court in 10 days" template. He didn't respond so I filed a claim, but the day I filed a claim, he wrote me back and added $250 to the deposit. If I hadn't already spent the $60 on the filing, I would have been happy and taken ... I'm going to write him a followup letter saying he never responded. Is the next step to go to some free legal clinic and then take him to small claims? when I moved in, I knew this would happen so I've tried to keep ... html sourceid=7912220&is_search=Y&title=the+republic&match=exact &options=and The Republic ClassicNote on The Republic The Republic: Book I "Of Wealth, Justice, Moderation, and Their Opposites" Summary: Book I Though the dialogue is retold by the narrator, Socrates, one day after it has occurred, the actual events unfold in house of Cephalus at the Piraeus on the festival day of the goddess Bendis (Artemis). Once Polemarchus and several other men catch up to Socrates and Glaucon after the celebratory procession, Polemarchus, desirous of Socrates' delightful conversation, compels him to join their company at his home. There Socrates encounters Polemarchus' father, Cephalus, an old man, and the two men speak candidly about aging. Socrates finds Cephalus' thoughts on the subject admirable, for Cephalus criticizes others of his age who foolishly lament the loss of youthful vigor, and holds instead that the dissipation of the passions late in life is pleasantly tranquilizing and liberating. Socrates, curious as to whether Cephalus' attitude might be related to his personal wealth, questions the old man accordingly. Cephalus is then forced to admit that wealth affords comfort to its possessor, but offers true peace only to him who is of a good nature. From wealth and its merits and demerits, Socrates steers the conversation onto a new topic: justice. But Cephalus, who does not appear up to the task, exits abruptly, leaving Polemarchus to continue the argument. Polemarchus initially posits justice as giving a man that which he deserves. Through a series of very clever manipulations, however, Socrates befuddles Polemarchus and concludes before his auditors that the just man is a thief. Thrasymachus, silent until now, suddenly bursts into the debate, angry with Polemarchus for yielding too easily but even more so with Socrates for his "ironic style." After his accusations have been answered, Thrasymachus poses his own definition of justice: the interest of the stronger. Both terms of this definition are quickly brought into question, and, enraged, Thrasymachus unleashes a long diatribe, asserting that injustice benefits the ruler absolutely. Socrates, composed as ever, refutes him, offering true rule as just rule, for it is conducive to harmony, unity, and strength. The dialogue concludes with Socrates' examination of the comparative advantages of justice and injustice. By the end, Thrasymachus and the other auditors are satisfied that the just man is happy, and the unjust is not. However, in a brilliant twist, Socrates dolefully admits to them that in spite of all the conversation, he still knows nothing about the nature of justice, but only something of its relation to virtue and not vice, wisdom and not ignorance, and of its utility over injustice. Presumably, the characters now return to the banquet from which they came, completing the circle. Analysis: Book I At the beginning of Book I, we are introduced to the narrator, Socrates, and his audience of peers. We are made aware, however, of Socrates' special charm and intellectual gifts through the insistence of Polemarchus and the other men for the pleasure of his company. The tone is casual and language and modes of expression rather simple, as is commonly the case in Plato's dialogues. However, Plato's unaffected style serves at least two purposes. For one it belies the complexity and elevation of the ideas, thus it is in accord with Socrates' characteristic irony itself, which draws the "fool" in by feigned ignorance, only so that the master can show that he does not know what he thinks he knows. And second, the plainness of style complements truth and wisdom, the aim of all the dialogues, which by nature are aphoristic. In Socrates' conversation with Cephalus, the proper approach to aging and the state of old age is addressed. Although other men Cephalus' age commonly complain that for them, "life is no longer life," Cephalus feels that they misattribute discomfort and unhappiness resulting from their defective characters to advanced age. Building on a statement by Sophocles, Cephalus concludes, "he who is of a calm and happy nature will hardly feel the pressure of age." Socrates' inquiry as to whether Cephalus' happiness owes to the comfo... |
| csua.com/?entry=30550 after 15 years, I finally got paid from San Diego Unified School District. The court is slow (takes several months to schedule, delay, serve, receive, and what not), but it works. Does it cover the damage to your car in the original accident? What were the total costs of bringing the suit (not including the value of your time)? As for how long, I got the full amount 1 month after I served the Wage Withhold Order. That is amazing considering that he only gets paid $1600 a month, so I guess they deducted his future earnings or something, I don't know. The judge didn't reimburse me for mileage driving to the court house (took at least 8 trips to get forms, etc etc), pictures ($20), photocopy of documents ($5), parking meter, numerous phone calls, and misc fees which I did itemize but the judge didn't take them. After getting the paycheck I no longer have this hatred for Vietnamese people -op \_ ob the driver was Vietnamese? php \_ LA has the worst traffic jams in the nation, but also one of the most extensive public transit systems, very high usage, and is also \_ LA has the worst traffic jams in the nation, but also one of the ... Was awarded the $350 he owed me, $150 in damages, and $200 for having to drive down from SF to LA. If I had a pay stub, he probably would have given me money for PTO. I wrote him a "strongly worded letter" and followed it up with a "Pay up or I'm going to file a small claims court in 10 days" template. He didn't respond so I filed a claim, but the day I filed a claim, he wrote me back and added $250 to the deposit. If I hadn't already spent the $60 on the filing, I would have been happy and taken ... I'm going to write him a followup letter saying he never responded. Is the next step to go to some free legal clinic and then take him to small claims? when I moved in, I knew this would happen so I've tried to keep ... |
| csua.com/?entry=33725 He was pretty pissed and said he would retaliate, and I've since then moved twice to avoid him. However, lately I've been getting a lot of fax/prank calls, with caller ID that says 'bus services', which I presume come from his work place. Is there any basis for me to sue him again, and is it a good idea? What did you expect was going to happen when you pursued this vendetta to the lengths you did against this asshole? The guy was uninsured, gave false contact info and basically tried to duck responsibility every step of the way. He lost any chance for sympathy as "poor guy in a bad situation" and became "jerk who's trying to screw me" Suing him and garnishing his wages was really the only reasonable option aside from taking the whole thing as a loss. Frankly, he's lucky he even got any money from the suit. Consider suing again in small claims for intentional inflinction of emotional distress or somesuch. Also, if he's using his work resources to harass you, you can complain to his employer. If you get another judgement or get him arrested, he has less time to harass you and it cost him money. I am reminded of an acquaintance whose Bentley got rear-ended by 4 illegal immigrants with no insurance. BTW if you move again, you can ask SBC to not list your address or phone number in phonebooks. And don't use USPS's mail forwarding service, because they'll release your new address to anyone who knows your old address. Believe me, it's very hard to get in California if you live in Bay Area/LA counties. But in this case it's hard, since it's apparent that the hatred is financially motivated. There may be peace for a while but when the fatherless children grow up, they'll want nothing but bloody revenge (suicide bombers). But be prepared to defend yourself, frontier-style \_ Ok, I'll just wait here for them to attack again. When they arrest you, say that you were acting under the Bush doctrine of preemption. You might want to accuse him of harboring WMD and terrorists to strengthen your case. I wrote him a "strongly worded letter" and followed it up with a "Pay up or I'm going to file a small claims court in 10 days" template. He didn't respond so I filed a claim, but the day I filed a claim, he wrote me back and added $250 to the deposit. If I hadn't already spent the $60 on the filing, I would have been happy and taken ... |
| csua.com/?entry=12128 I just got our itemized statement of damages from moving out of our old place, and the landlord is including $1750 for complete carpet replacement. The carpets did *NOT* need to be replaced -- they weren't pristine when we moved out (wear in high-traffic areas, small stains), but they weren't pristine when we moved in, either. Unfortunately, pre-existing carpet problems weren't something I noted during our move-in walkthrough, and the carpet wasn't discussed during our move-out walkthrough, either (beyond the understanding that the \- this is what you should base your claim on. it is ipso facto unreasonable not to mention a $1000 item at the joint walk through. you willl certainly win if the fact you state are accurate. since you are out of the country, this will be an asspain of course. I can present witnesses (friends who helped us move) to attest to the condition of the carpets on move-in, but given my lack of backing paperwork, am I pretty much screwed? And more important than any evidence, do you live in Berkeley or San important than any evidence, do you live in Berkeley of San Francisco? If so, then you should always take your landlord to court, no matter how right s/he is because you'll probably win despite all evidence to the contrary. I'd want to see the billing statement showing the bastards even put new carpet in. Unfortunately, now I'm overseas (so I pretty much knew the answer to the "Am I screwed?" When you're talking about average lowball carpet, how much *should* it cost to buy and install n sq. Damage would be torn, stained, rust or oil stains, burned, etc. In your case, the question is how stained was the carpet and how large and how many were there? If you didn't mention stains on the move-in or have photos, you're not in a good spot. anyway, i went back to her and asked nicely and she gave some of my money back. Was awarded the $350 he owed me, $150 in damages, and $200 for having to drive down from SF to LA. If I had a pay stub, he probably would have given me money for PTO. html \_ "As land values rose, the couple's combined mortgage and property tax payment soared, to $2,900 from $1,500." Uhh, for some reason I don't think the wsj is being totally honest here. I wrote him a "strongly worded letter" and followed it up with a "Pay up or I'm going to file a small claims court in 10 days" template. He didn't respond so I filed a claim, but the day I filed a claim, he wrote me back and added $250 to the deposit. If I hadn't already spent the $60 on the filing, I would have been happy and taken ... com/b68rty \_ My house just got appraised for 2x what I paid for it in 2001, which is down from 25x in 2007. I'm really upset about it, especially since the appraisal was because I refinanced at ... If you have those non-shedding fluffy hair type of pups, at what age are you suppose to shave your puppy completely so that it'll grow fuller hair as an adult? Is it something like sleep sleep sleep->wake->poo outside->play->eat->poo outside-> sleep sleep sleep->wake->poo outside->play->eat->poo outside-> ... I bought 2 tatami mats from Marukai and I really liked them. I liked them so much that I decided to buy a third one to cover up a 6'x9' area. The first two I bought came in a box together and are soft and comfy to step on. The third one however, didn't come with a box and is really light weight, and feels ... I've built a BIGGER ascii tatami mat, bigger than your tiny little microscopic 9'x9' tatami mat. This is more proof that we have large American chinpoke much bigger than your microscopic Japanese ones: +---+---+ +---+---+ +-+-+-+-+ +-+-+-+-+ Two different 12'x12x ascii tatami ... |
| csua.com/?entry=26050 Unfortunately, I didn't do a walkthrough or take pictures of such minutia as the move-out condition of every mini- blind. Landlord is an asshole, so appealing to his sense of reason and fairness won't be any help. Will I just be wasting my time and getting into one big he-said/she-said catfight? The landlord most likely has documents with notes made during the initial walkthru, and similar notes during the exit inspection. If you don't have any records or evidence that they're playing games with you, then you're basically screwed. Again, I'm not an expert -- So it might be worth your while to check with any renter's associations that exist (berkeley has many). You have to pay a minor filling fee but relaly, if you have a bill as unreasonable as you say it is you should get back most of your deposit. Plus you make the landlord have to spend a day going to court. And, at least in some areas, not sure about CA, you get things like tripple damages. There are a lot of landlords abusing deposits and the judges know it. Hell, just threatening the guy with small claims court might get you your deposit back. How to rent: when you move in, *after* you have signed a contract with the landlord but *before* you have moved your shit in, you take pictures, and give a written description of *every* trivial anal rententive mark, gouge, stain, piece of fluff, dent, discoloration, drip, water stain, or anything else less than brand new. And you'll also want a pre-moveout walkthrough to give you a chance to correct anything before you're gone and the bastard sends you a bill. Protect yourself from landlord scum and buy a house ASAP. And bring a friend as a witness--even better, if it's a friend who knows what sort of damages to look for in apartments. If you don't clean up the place before you leave, they should be able to bill you for that. When you refer to maintenence items I think of items that need replacement, like bathroom tiling. Cleaning your apartment is basically a courtesy to the landlord and the next tenant. The damage deposit is just that, a deposit to cover actual damage. Eg, when my housemate has a bad day and kicks a baseball sized whole in the wall near the fridge. Was awarded the $350 he owed me, $150 in damages, and $200 for having to drive down from SF to LA. If I had a pay stub, he probably would have given me money for PTO. |
| csua.com/?entry=28520 More specifically, will it be woth it after all the hassles, headaches, and fees associated with it? If you've got the time to spend in court, it's worth it. It's just the principles of the whole thing that I want to get the bitch back. so what to do sort of depends on your guess about how the other person will react ... like the other party might not show up so you win a default judgement, but you might have still had to prepare your case. It just rules that you are legally entitled to the money, but that's it. Professors couldn't teach, class workload was high, and the system was designed to "weed out" students and demoralize them rather than teach and encourage them. I always got lower grades than I deserved for the amount of work I put in. I don't know if this was because of the curve which insists that 50% of students should get ... One can easily spend 1/2 a day only to realize a wire is missing or popped off during transport. The fact that you gotta wire everything based on TTL/CMOS chips and having to go through ... |
| csua.com/?entry=31179 I sued because I requested for non-smoking room only and when I got there, they still gave me the only room they had-- smoking room. The small claims sues because I have severe asthma and due to medical conditions I could not get a smoking room. The Holiday Inn person said he was very sorry, understands the medical condition, and persuaded me to drop the lawsuit. I bet that had it not been for the ADA disability act or something, the lawsuit would have proceeded. It is connected to a SANS RAID-1 with two WD Green 1T that takes 1Gbps connection, as well as a laptop that is also 1Gbps. Online benchmarks show *sustained* transfer rate of about 1/2 of 1Gbps with the WD Green... But in practice, I'm only getting 68Mbps (read SANS->PC file transfer), far below what I expected. I don't seem to be getting any and vermouth is unavailable. I saw a note saying it was down Sunday, but it's almost Tuesday now. Steven spent all weekend and a lot of yesterday migrating to a VM. A side effect is that NFS is now no longer on Keg, so crashy ... |