Create Thread: Civil case - other side threatening a continuance?

A

andrewcalo32

New Member
Jurisdiction
California
Hi all,

I am from the UK, hi!

I am taking on a V. big company who didn't do what they were meant to do under their warranty for my laptop computer.

I have to take them to Court in California, and they have been served.

They were previously very difficult and arrogant which has caused me to take this action, and have to buy flights to California to attend trial in a months time.

I got a message last week from their Counsel asking for more details as they do not know who I am or what my link with them is, what the warranty details are, etc.

It was my impression that we would exchange papers before the hearing, and as they were previously so difficult, I told her I didn't see why I should help them at all.

She is now stating that she will ask for a continuance on the day of the trial unless I send my papers, case, and details etc, knowing I have bought flights from the UK to attend.

Help!!!

Hi all,

I am from the UK, hi!

I am taking on a V. big company who didn't do what they were meant to do under their warranty for my laptop computer.

I have to take them to Court in California, and they have been served.

They were previously very difficult and arrogant which has caused me to take this action, and have to buy flights to California to attend trial in a months time.

I got a message last week from their Counsel asking for more details as they do not know who I am or what my link with them is, what the warranty details are, etc.

It was my impression that we would exchange papers before the hearing, and as they were previously so difficult, I told her I didn't see why I should help them at all.

She is now stating that she will ask for a continuance on the day of the trial unless I send my papers, case, and details etc, knowing I have bought flights from the UK to attend.

Help!!!
 
You have to provide the opposition with the documentation that you are basing your case upon.

Didn't you realize that ANY large corporation is going to have really good attorneys on retainer?
 
Andrew, I suggest you rethink suing the computer maker.
You could have sued the company in the UK.
Why you chose to sue them on their home turf makes no sense.
If you've chosen to sue them in small claims court, you're wasting your time, and running up your costs.
Plus, small claims is the wrong forum for the issues you're trying to redress.
If you're suing them in a higher level court of record, expect the case to languish in the court system for months, maybe years, before it gets tossed.

Continuances are part and parcel of the US court system.
 
Hey all, thanks for the advice - taking them to Court in USA because I am moving here so...love the USA.

What do you mean by wrong court?

And I know I have to show documentation before the hearing, but I was todl you hand it over just before, not weeks before?

Thanks :)
 
andrewcalo32 said:
Hey all, thanks for the advice - taking them to Court in USA because I am moving here so...love the USA.

What do you mean by wrong court?

And I know I have to show documentation before the hearing, but I was todl you hand it over just before, not weeks before?

Thanks :)
Click to expand...

Welcome to the USA, but its NOT as wonderful as some perceive it to be especially where you're headed.

A small claims court doesn't have the ability to grant INJUNCTIVE RELIEF.

A small claims court can ONLY award monetary damages.
Those damages must be proved up in court, not just asserted.
 

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