민사 | 변호사잡는 진리의 법창야화 [272]
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변호사잡는 진리의 법창야화 [272]
장애자민권소송 [4]
오늘은 최근에 내가 작성한 역소송 일부를 영문 그대로 소개한다. 독자님들 중 한글로 설명을 원하시면 저희에게 연랍바랍니다.
The tricks and abuses of process in civil right lawsuits by handicapped persons
Through researches and analyses on this type of lawsuits, some mostly common tricks and abuse of processes were found or estimated. Some of them are as follows. On information and belief, the four Cross-defendants have been involved with most of those tricks.
(1) They (plaintiffs or their attorneys in this type of lawsuits) filed as unlimited cases even though the alleged damage is less than $4000. And burden to each defendant for filing fee starts with $395 not $225 and more hearings are required. For example, three more hearings caused the burden of about $1200 to defendants per case.
(2) They almost always filed fee waivers and these fee waivers are mostly granted even after many settlements. These unlawful acts of these people lead to serious burdens to taxpayers including Cross-complainant as well as to governments.
(3) They indicated as many as dependants so that each dependant incurs $395 per defendant. For example, if there is a small store the owners are husband and wife, and then they claim the dependant Mr. A and Mrs. A and the store name, Mr. A and Mrs. B dba a store name then you have a total of 3 or 4 dependant’s sometimes plus landlords, husband and wife, too. For example, 5 defendants should pay total $1975. This is a trick for easier settlements.
(4) If the store is corporation or LLC, they sue the corporation only rather than individuals. If the defendant is corporation, defendant should hire attorney, and this means the defendant has more monetary burden and also means trick for easier way to extort money from corporation defendant.
(5) In ulterior purpose, not really necessarily, the person visits the stores to find victims for lawsuits. His or her real purpose is not to buy something like a bottle of water or milk or tobacco. On ulterior purpose, they visit here and there. For example, Mundy visited 1200 stores for 2 years with this ulterior purpose in unclean hands and to sue 300 stores.
(6) And sometimes, they made long travels to pick minor defects of the taxpayers and sue them. For example, they live in Riverside County but they sue some store in Los Angeles County.
(7) There is no or very little real damage to the handicapped person but they are demanding minimum $4000. For example, they don’t use van just a simple passenger car and they don’t need the van access space but they still claim at least $4000 damage. For example, they might suffer a little inconvenience in the parking lot in his/her neighborhood, which can be about $100 damage or less.
(8) Sometimes they show some evidence of visits such as receipts, though the real visitor is not the handicapped person but an agent for him/her. This is an example of fraudulent abuse of process.
(9) Other tortuous and fraudulent tricks and abuses of process.
동서문화원 원장/ 사법혁신연구원 원장 이 진 213-482-1805
[계속]
저희의 페이스북에 저희의 글들을 찾아볼 수 있으니 들르세요.
http://www.facebook.com/note.php?note_id=149736875073602#!/notes.php?id=100000018391388
저희의 글들을 보시려거든 (1) “진리의”를 타자하거나 (2) 제목 내용 작성자 중 작성자를 택해서 "mentor"를 타자하고 ====> "검색"을 클릭하면 됩니다.
장애자민권소송 [4]
오늘은 최근에 내가 작성한 역소송 일부를 영문 그대로 소개한다. 독자님들 중 한글로 설명을 원하시면 저희에게 연랍바랍니다.
The tricks and abuses of process in civil right lawsuits by handicapped persons
Through researches and analyses on this type of lawsuits, some mostly common tricks and abuse of processes were found or estimated. Some of them are as follows. On information and belief, the four Cross-defendants have been involved with most of those tricks.
(1) They (plaintiffs or their attorneys in this type of lawsuits) filed as unlimited cases even though the alleged damage is less than $4000. And burden to each defendant for filing fee starts with $395 not $225 and more hearings are required. For example, three more hearings caused the burden of about $1200 to defendants per case.
(2) They almost always filed fee waivers and these fee waivers are mostly granted even after many settlements. These unlawful acts of these people lead to serious burdens to taxpayers including Cross-complainant as well as to governments.
(3) They indicated as many as dependants so that each dependant incurs $395 per defendant. For example, if there is a small store the owners are husband and wife, and then they claim the dependant Mr. A and Mrs. A and the store name, Mr. A and Mrs. B dba a store name then you have a total of 3 or 4 dependant’s sometimes plus landlords, husband and wife, too. For example, 5 defendants should pay total $1975. This is a trick for easier settlements.
(4) If the store is corporation or LLC, they sue the corporation only rather than individuals. If the defendant is corporation, defendant should hire attorney, and this means the defendant has more monetary burden and also means trick for easier way to extort money from corporation defendant.
(5) In ulterior purpose, not really necessarily, the person visits the stores to find victims for lawsuits. His or her real purpose is not to buy something like a bottle of water or milk or tobacco. On ulterior purpose, they visit here and there. For example, Mundy visited 1200 stores for 2 years with this ulterior purpose in unclean hands and to sue 300 stores.
(6) And sometimes, they made long travels to pick minor defects of the taxpayers and sue them. For example, they live in Riverside County but they sue some store in Los Angeles County.
(7) There is no or very little real damage to the handicapped person but they are demanding minimum $4000. For example, they don’t use van just a simple passenger car and they don’t need the van access space but they still claim at least $4000 damage. For example, they might suffer a little inconvenience in the parking lot in his/her neighborhood, which can be about $100 damage or less.
(8) Sometimes they show some evidence of visits such as receipts, though the real visitor is not the handicapped person but an agent for him/her. This is an example of fraudulent abuse of process.
(9) Other tortuous and fraudulent tricks and abuses of process.
동서문화원 원장/ 사법혁신연구원 원장 이 진 213-482-1805
[계속]
저희의 페이스북에 저희의 글들을 찾아볼 수 있으니 들르세요.
http://www.facebook.com/note.php?note_id=149736875073602#!/notes.php?id=100000018391388
저희의 글들을 보시려거든 (1) “진리의”를 타자하거나 (2) 제목 내용 작성자 중 작성자를 택해서 "mentor"를 타자하고 ====> "검색"을 클릭하면 됩니다.
작성일2010-12-15 15:02
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