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About hammerandnailsdept

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  • Birthday 10/09/1961

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  1. Sounds like y'all think it's a bad idea. No, there has not been a refund. To be clear, they only cancelled one of our accounts...the damages based on their bias towards high volume users of their service. They promised a movie each day but, apparently since we use more than our $7/mo worth, they don't want us and find ways to cancel. Just an idea, thanks a lot for your feed back.
  2. MoviePass.com gives you access to see one theater movie every day for $10/month or $7/mo paid annually. I subscribed and my wife and I were going about twice a week average until there was a problem, where a ticket agent mistakenly tried to put 2 tickets on my account. Moviepass cancelled my account and I've been negotiating with their cs people for two months, now finally, they are telling me that they have reviewed and are sticking by their cancellation. Does not matter the fault, I'm banned. I believe they are fraudulently offering the service and look for frivolous reasons to cancel high volume users like us. I'm thinking I might get their attention, possibly on a national level with a simple sm claims suit. Although I could not seek relief in the form of reinstating my account, I could cite damages 10 mo x 30 days x $14...$4,200 with the goal of embarrassing them into treating me an other users fairly. I realize there could be problems with the venue, but I've used their service and they provide service in Orange County, so seems like if just getting their attention is the goal, might be worth the hassle. thoughts?
  3. I appreciate your response and that answers my question. \r\n\r\n "Why you would want to do something like this without an attorney is beyond me."\r\n\r\nThat's a good one....You should do some stand-up and hit the club circuit. \r\n\r\nIF I could file such proceedings without an attorney, the language of the CC&R's is not complicated and if made clear by the Court, then the board would understand that it is acting against the rights of the homeowners and would likely reverse the decision, not wanting to waste expensive legal fees and put them selves in personal jeopardy of additional legal action. \r\n\r\nThanks for the response.
  4. Our HOA is about to demolish the community center without a community vote which is specified in our CC&Rs. The HOA board argues that the CC&R's don't apply because it is obviously necessary, but many homeowners don't agree. Orange County, CA Can I file in small claims or some other way, without an attorney for a declaratory Judgement as to a determination of the language in the CC&R's?
  5. Yes, there are problems...horse is not already out, but ran into the next county and jumped off a cliff. Trying to save it's life before he hits the ground. Corp is inactive now, no assets and should have never signed the $&%# thing, but 20/20, etc. Anyway, it seems like it limits them....and unnecessarily so. I would have signed without this (looks like standard) clause, so it makes me wonder if landlords are already barred from collecting on the community property by some statute....so they have this clause that specifically allows them to go after the separate property....if there was such a statute, the horse has a parachute. If it only "seems" to limit there ability to go after our community property, then maybe he is about to land on a blown up zip-lock bag and is likely to be crippled, not annihilated. I searched and found the same clause on other similar documents which means my landlord did not invent it and there must be some reason for it being used. Any ideas on statutes?
  6. Orange County CA, Personal Guaranty form attached to a commercial lease has this clause: "If the Guarantor is married, such Guarantor expressly agrees that recourse may be had against his or her separate property for all of the obligations hereunder." What is the purpose of this? Does CA have a statute that would prevent the creditor from going after separate assets so they put this in to clarify. Since it specifically says that they can take recourse against my separate property, could it be protective of my community property as my wife was not party to the agreement?
  7. Also.....Possibly there is some statute that deters Lessors from creating contracts with the ability to attack Community property in the event of a lease breach?
  8. Orange County, CA I signed a personal guaranty as an officer of the one of the Lessee corporations (one of two) renting space. My wife is also an officer but did not sign the personal guarantee. Both Lessee Corporations failed in 2009 leaving rent owed and other lease obligations unfulfilled for tens of thousands of dollars. The guaranty has this clause: "If the Guarantor is married, such Guarantor expressly agrees that recourse may be had against his or her separate property for all of the obligations hereunder." Does this clause mean that our home owned as common property cannot be attacked in a collection action to satisfy this guaranty?
  9. Thanks for your input, even though a lot of unknowns, your information has helped me focus the issue. Other responses are appreciated.
  10. On the finer points, yes it is joint tenants, the court awarded a judgement, landlord recorded an abstract. An attorney told me that this is a not so rare event, and the title company will look at the records, but as long as the quit-claim was filed before the abstract, they will ignore the judgement against me, in favor of the title associated with her. However, a different attorney put a little different spin on the issue as it relates to my potential bankruptcy and one thing that I have learned about attorneys is that (just like me) they are not always right. I guess I'm hoping to get a little more definitive answer as to just how concerned we should be....maybe I should re-post as an RE question? Can anyone point to any case law?
  11. Orange County, CA...Married couple, after business failure In 2005, my bride-to-be bought a home, In 2007, after we married, she quit-claimed her interest to us as joint tenants in common and we took out a joint refinance mortgage, in 2009 my business failed and l left the office space, giving the keys back to the landlord saying I could no longer pay the rent. in 2010, the landlord sued to collect on a lease which I had personally guaranteed and I quit claimed my interest in our home to my wife. (we are still married) Later, the court awarded the landlord a settlement of $50k and a judgment was processed. She has $100k in equity in the home and is thinking of selling.... What is likely to happen with the outstanding judgement if a sale were to go forward?
  12. thanks for the input and you make a good point....why push it....only reason is trying clean up my legal nightmare, would like to get on with my life, but I'll just have to keep an eye on it. FYI - found this on courtinfo.ca.gov 3.11b is not applicable, but there are similar rules 2011 California Rules of Court Rule 3.740. Collections cases (a) Definition "Collections case" means an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney fees, arising from a transaction in which property, services, or money was acquired on credit. A collections case does not include an action seeking any of the following: (1)Tort damages; (2)Punitive damages; (3)Recovery of real property; (4)Recovery of personal property; or (5)A prejudgment writ of attachment. (Civil Case Cover Sheet If a case meets the definition in (a), a plaintiff must check the case type box on the Civil Case Cover Sheet (form CM-010) to indicate that the case is a collections case under rule 3.740 and serve the Civil Case Cover Sheet (form CM-010) with the initial complaint. (Subd ( amended effective January 1, 2009.) © Exemption from general time-for-service requirement and case management rules A collections case is exempt from: (1)The time-for-service requirement of rule 3.110(; and (2)The case management rules that apply to all general civil cases under rules 3.712-3.715 and 3.721-3.730, unless a defendant files a responsive pleading. (d) Time for service The complaint in a collections case must be served on all named defendants, and proofs of service on those defendants must be filed, or the plaintiff must obtain an order for publication of the summons, within 180 days after the filing of the complaint. (e) Effect of failure to serve within required time If proofs of service on all defendants are not filed or the plaintiff has not obtained an order for publication of the summons within 180 days after the filing of the complaint, the court may issue an order to show cause why reasonable monetary sanctions should not be imposed. If proofs of service on all defendants are filed or an order for publication of the summons is filed at least 10 court days before the order to show cause hearing, the court must continue the hearing to 360 days after the filing of the complaint. (f) Effect of failure to obtain default judgment within required time If proofs of service of the complaint are filed or service by publication is made and defendants do not file responsive pleadings, the plaintiff must obtain a default judgment within 360 days after the filing of the complaint. If the plaintiff has not obtained a default judgment by that time, the court must issue an order to show cause why reasonable monetary sanctions should not be imposed. The order to show cause must be vacated if the plaintiff obtains a default judgment at least 10 court days before the order to show cause hearing. Rule 3.740 amended effective January 1, 2009; adopted effective July 1, 2007.
  13. Orange County, CA....case type = RULE 3.740 COLLECTIONS, in Limited Civil Court Cap One is suing me over my defunct construction business credit card debt. They filed back in Jan, 2011 but have not served me yet. Is there a limit on time as to the viability of their complaint and if/when this time period expires, can I file to motion default or take some other action to end the case?
  14. I was using CCC for California Civil Code.... or California Code of Civil.....(somehow CCCP did not seem right) surely, you must have an acronym for this. Why I call it Harassment is that, yes, he did seek out my ex-partner, further, blundered my case, now he's ####. He knows I lost my shirt back on 09, but wants my pants too. I'm thinking a jury is not going to appreciate this behavior even if the (bar or whoever) does not get excited about it. I'll want to read the code and research case law to find if there is any thread of reason to the claim that let's me tell my story to the jury. Believe me, if I still had a viable business, I would have negotiated with the guy and paid him off a long time ago (already paid him $30k). As it is, I'm just another guy who doesn't know how to get out of jury duty and not much else to do but P**S in his face. Thanks for the help.
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