PSA/BGS/PWCC dispute or refund thread

[Kenny Cole]

Originally Posted by Peter_Spaeth

Doesn't that strike you as an awfully big generalization?

No, not really. Yes, plaintiffs win cases in the Central District, I'm sure. Particularly if they are corporate plaintiffs I suspect. There is a reason why there is a forum selection clause. It isn't because that is a neutral forum. You know that as well as I do.

[Peter_Spaeth]

Originally Posted by Kenny Cole

No, not really. Yes, plaintiffs win cases in the Central District, I'm sure. Particularly if they are corporate plaintiffs I suspect. There is a reason why there is a forum selection clause. It isn't because that is a neutral forum. You know that as well as I do.

There are probably thousands of pending cases in those federal and state courts and countless thousands which have been decided. To make a sweeping statement such as you have made, based on what your law school buddy says, seems ridiculous to me. They are located IN Orange County which doubtless is why they selected that forum, most such clauses select the home forum as a matter of convenience so they don't have to defend litigation in far away places. If you are going to make a sweeping statement like plaintiffs have very little chance in two huge districts in California you need much more support than you have offered. You're smarter than that, Kenny, I know you are.

[Kenny Cole]

Originally Posted by Peter_Spaeth

There are probably thousands of pending cases in those federal and state courts and countless thousands which have been decided. To make a sweeping statement such as you have made, based on what your law school buddy says, seems ridiculous to me. They are located IN Orange County which doubtless is why they selected that forum, most such clauses select the home forum as a matter of convenience so they don't have to defend litigation in far away places. If you are going to make some sweeping statement like plaintiffs have very little chance in two huge districts you need more support than you have offered.

LOL, OK. I bet at your firm, you don't ever talk about where the venue is good or bad, or which judges you think will help or hurt you, right? Phuuulease.

[Peter_Spaeth]

Originally Posted by Kenny Cole

LOL, OK. I bet at your firm, you don't ever talk about where the venue is good or bad, or which judges you think will help or hurt you, right? Phuuulease.

Sure, but not at a global level like that. As to what judge might be a better draw for a particular case, of course, but even then there is a tea leaf quality about it sometimes. But you're way beyond that, generalizing about an entire court system, two actually. And on the basis of one guy's opinion, no less. Come on.

[Kenny Cole]

Originally Posted by Peter_Spaeth

Sure, but not at a global level like that. As to what judge might be a better draw for a particular case, of course. But you're way beyond that, generalizing about an entire court system, two actually.

I don't believe that for a minute. You can look that sort of stuff up. I am not saying that you are screwed regardless, but I am certainly saying that both are the worst venues, at least in California, that a plaintiff can file in.

We have one of these Districts here. We will not even file a case if we think it might be removed there. That's been the case for 15 years. There is one sitting judge there (who was in my section in law school and who I went to strip bars with back then), one roving judge, and one Senior, who was mean as hell but would let you try your case. Been there twice, both times after being removed. Actually got the Senior Judge once, who remanded the case within a day after getting the briefs, and even my old law school buddy kicked the other case back, finally.

Those districts exist. You know that they do. We both know that. The fact that they exist is, unfortunately, just a fact IMO. I wish they didn't and that everywhere was fair. But they are not.

[Peter_Spaeth]

There are 29 federal district judges in the Central District of California. I am sure their politics and temperament cover the whole spectrum. Your generalization, to me, without much more analysis, makes no sense at all.

https://www.cacd.uscourts.gov/judges...les-procedures

There are apparently even more in Orange County though I did not count how many handle commercial litigation.

https://www.occourts.org/directory/j...-officers.html

Again, come on.

You can't cite a single fact to support your proclamation that these are the worst venues for plaintiffs in California. You haven't analyzed the question at all.

[Kenny Cole]

Originally Posted by Peter_Spaeth

There are 29 federal district judges in the Central District of California. Your generalization, to me, without much more analysis, makes no sense at all.

https://www.cacd.uscourts.gov/judges...les-procedures

And I guess that who appointed them will or can make a huge difference in terms of outcome. I am not now, nor have I ever said, that they are all unfair. They are fair, according to their beliefs. If you are a criminal defense lawyer, do you want a career prosecutor as your judge? I would suggest probably not. At least I have been told by some friends who do that they are the worst, particularly on sentencing. Dunno, not my area.

If you do insurance law like I do, do you want an insurance defense lawyer who you have tried cases against as your judge now? I can assure you that I don't. Some are better than others, sure. But it is still a problem. I get that whole "fair" thing. But that is often in the eye of the beholder. Justice is certainly not blind so far as I can tell.

[jchcollins]

If you don't play nice with your "reimbursement", Orlando & Huigens will send thugs out to break your legs.

[bnorth]

Originally Posted by jchcollins

If you don't play nice with your "reimbursement", Orlando & Huigens will send thugs out to break your legs.

I am glad I have maybe bought one or two cards from PWCC several years ago and own less than five low value PSA slabs. I am sensitive and delicate in real life and don't know any sketchy people.

[iwantitiwinit]

I was going to say something but nevermind.