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  #1  
Old 02-13-2020, 08:56 AM
Fuddjcal Fuddjcal is offline
Chuck Tapia
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Default Class action suit filed against PSA, PWCC and Probstein

Thanks Peter for the info.

Rest assured, I will be joining unlike all the apologists and pussies that don't get my humor and just want to keep feeding the machine.

Finally we have someone with balls to take this on unlike the idiots that think it's "business as usual" at the POPsicle stand. I try to make my post humorous and I don't really care if some of you don't get it .

I just don't like BILLION DOLLAR FRAUDS. Call me un American call me an idiot. I don't give a darn...Left field. It's not really fun or funny what they have done to card collecting. I really think it's bullshit to steal money from people and other idiots don't seem to care and want to keep the $$$ train rolling. You know who you are numskulls.

https://www.courthousenews.com/wp-co...ball-cards.pdf

Last edited by Fuddjcal; 02-13-2020 at 08:59 AM.
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  #2  
Old 02-13-2020, 09:09 AM
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Snapolit1 Snapolit1 is online now
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On an admittedly quick read, I'd give that complaint a very small chance of surviving a motion to dismiss.

Fraud is pled in conclusory terms. Basically no particular facts alleged supporting fraud. Must have been fraud because of the defendants' negligence in not realizing what they should have realized. That ain't fraud.

One person's (someone learned) opinion.

Last edited by Snapolit1; 02-13-2020 at 09:10 AM.
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  #3  
Old 02-13-2020, 09:21 AM
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ullmandds ullmandds is offline
pete ullman
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i quickly perused this and it states that PSA maintains photos of all cards it grades? Is this true?

My impression is that this isn't written terribly well.
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  #4  
Old 02-13-2020, 05:20 PM
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swarmee swarmee is offline
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Originally Posted by ullmandds View Post
i quickly perused this and it states that PSA maintains photos of all cards it grades? Is this true?
Doubtful. They only started scanning cards for photography purposes a year ago, and then only high valued cards at Express levels as far as I know.
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PWCC: The Fish Stinks From the Head
PSA: Regularly Get Cheated
BGS: Can't detect trimming on modern
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  #5  
Old 02-14-2020, 06:27 AM
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@ndrew woo.dfin
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i quickly perused this and it states that PSA maintains photos of all cards it grades? Is this true?
I think we all know PSA does not do this They would be damned if they did!
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  #6  
Old 02-14-2020, 06:42 AM
cardsnstuff cardsnstuff is offline
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does anyone actually believe, anything will change and/or come as a result of this lawsuit?
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  #7  
Old 02-14-2020, 10:04 AM
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does anyone actually believe, anything will change and/or come as a result of this lawsuit?
In my opinion, unless collectors/investors stop spending money with PSA and stop chasing the registry, not much will change. With a current backlog of a million cards despite the current scandal going on for nearly a year now, it seems that there is no appetite to curbing spending with PSA.
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  #8  
Old 02-14-2020, 03:00 PM
CMIZ5290 CMIZ5290 is offline
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does anyone actually believe, anything will change and/or come as a result of this lawsuit?
Amen Tony......It won't, trust me. Can you hear Brent, Rick, and Joe O laughing in the background??

Last edited by CMIZ5290; 02-14-2020 at 03:00 PM.
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  #9  
Old 02-13-2020, 09:22 AM
Fuddjcal Fuddjcal is offline
Chuck Tapia
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Quote:
Originally Posted by Snapolit1 View Post
On an admittedly quick read, I'd give that complaint a very small chance of surviving a motion to dismiss.

Fraud is pled in conclusory terms. Basically no particular facts alleged supporting fraud. Must have been fraud because of the defendants' negligence in not realizing what they should have realized. That ain't fraud.

One person's (someone learned) opinion.
I tend to agree , but it's a good start.
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  #10  
Old 02-13-2020, 09:28 AM
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nolemmings nolemmings is offline
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Quote:
Originally Posted by Snapolit1 View Post
On an admittedly quick read, I'd give that complaint a very small chance of surviving a motion to dismiss.

Fraud is pled in conclusory terms. Basically no particular facts alleged supporting fraud. Must have been fraud because of the defendants' negligence in not realizing what they should have realized. That ain't fraud.

One person's (someone learned) opinion.
Fraud is just one of 8 separate counts alleged in the Complaint, and if any of those survives a motion to dismiss, which it/they should, the case would continue. Consumer fraud has different requisite elements than common-law fraud, and, at least in Arizona, is easier to establish.

This could be incredibly interesting once discovery gets in full swing.
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  #11  
Old 02-13-2020, 09:37 AM
jackwesq jackwesq is offline
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Hi everyone. This case is filed in Orange County Superior Court. You can access the case docket by ...

1. Going to www.occourts.org
2. Clicking on "Online Case Access"
3. Click on "Access Now" next to "Civil Case & Document Access"
4. Click "Accept Terms"
5. Type in the case number of "30-2020-01130892" and year of "2020" and doing the "I'm not a robot"

The case is assigned to Hon. William Claster in Department CX-104. (CX is for Civil Complex).

To the extent any motions are filed, and I'm sure there will be, Judge Claster will likely issue a tentative ruling. His tentative rulings can be accessed here:

https://www.occourts.org/tentativeru...terrulings.htm

And for those who want to attend any hearings in person, the Courthouse is located at 751 W. Santa Ana Boulevard, Santa Ana, California 92701.

The Courthouse is open to the public, but you do have to go through a security check.

Thank you.
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  #12  
Old 02-13-2020, 09:25 PM
Tyruscobb Tyruscobb is offline
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Quote:
Originally Posted by jackwesq View Post
Hi everyone. This case is filed in Orange County Superior Court. You can access the case docket by ...

1. Going to www.occourts.org
2. Clicking on "Online Case Access"
3. Click on "Access Now" next to "Civil Case & Document Access"
4. Click "Accept Terms"
5. Type in the case number of "30-2020-01130892" and year of "2020" and doing the "I'm not a robot"

The case is assigned to Hon. William Claster in Department CX-104. (CX is for Civil Complex).

To the extent any motions are filed, and I'm sure there will be, Judge Claster will likely issue a tentative ruling. His tentative rulings can be accessed here:

https://www.occourts.org/tentativeru...terrulings.htm

And for those who want to attend any hearings in person, the Courthouse is located at 751 W. Santa Ana Boulevard, Santa Ana, California 92701.

The Courthouse is open to the public, but you do have to go through a security check.

Thank you.
Great information. I would go ahead and also list the nearest federal court house’s address and information. The Defendants are going to quickly transfer this case to federal court.
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  #13  
Old 02-14-2020, 01:18 PM
Michael B Michael B is offline
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Originally Posted by Tyruscobb View Post
Great information. I would go ahead and also list the nearest federal court house’s address and information. The Defendants are going to quickly transfer this case to federal court.
If this gets kicked to federal court then anyone can view the filings quite easily. They will all be on PACER (Public Access to Court Electronic Records). It is the site that contains information on all cases in the federal system - bankruptcy, civil and criminal. To use it you would need to register with a credit card. They charge 10¢ per search and the same per page if you look at a document. They just made the site more attractive by lowering the cost. If your searches are less than $30 per 3 month period they are free. If you have never searched a court database it can be quirky, but once you do it becomes very easy. I use it every day in my legal research work.
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  #14  
Old 02-13-2020, 09:39 AM
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BeanTown BeanTown is offline
Jay Cee
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Not being an attorney, what would ballpark lawyer cost be for the plantiff and the defendant(s). Im sure there are two seperate amounts... Through jury trial or up to trial.
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  #15  
Old 02-13-2020, 10:02 AM
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nolemmings nolemmings is offline
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Originally Posted by BeanTown View Post
Not being an attorney, what would ballpark lawyer cost be for the plantiff and the defendant(s). Im sure there are two seperate amounts... Through jury trial or up to trial.
Nearly impossible to say for now--too many parameters. Whatever the attorneys' fees, I am sure they will be reasonable.
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If we are to have another contest in the near future of our national existence, I predict that the dividing line will not be Mason and Dixon's but between patriotism and intelligence on the one side, and superstition, ambition and ignorance on the other. - Ulysses S. Grant, military commander, 18th US President.

Last edited by nolemmings; 02-13-2020 at 10:03 AM.
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  #16  
Old 02-13-2020, 10:10 AM
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Snapolit1 Snapolit1 is online now
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Quote:
Originally Posted by nolemmings View Post
Nearly impossible to say for now--too many parameters. Whatever the attorneys' fees, I am sure they will be reasonable.
Plaintiff's law firm could be doing on a contingency but not necessarily.
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  #17  
Old 02-13-2020, 09:20 PM
Tyruscobb Tyruscobb is offline
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Not being an attorney, what would ballpark lawyer cost be for the plantiff and the defendant(s). Im sure there are two seperate amounts... Through jury trial or up to trial.
Plaintiff firms typically enter into contingency fee contracts with their clients. If the case settles before trial, 33% is the usual fee. It, however, normally increases to 40% if the case goes to trial.

The Defendants’ attorneys will bill per hour. The total fee is obviously the agreed upon hourly rate X the total hours. The defense attorney fees will likely equal hundreds of thousands of dollars.

I’m sure the Defendants have insurance, which will defend and indemnify them. This is what insurance does. However, most insurance policies exclude intentional torts. The insurance companies may defend under a reservation of rights. They could even bring forth a declaration action to determine whether there is any insurance coverage.
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  #18  
Old 02-14-2020, 10:53 AM
topcat61 topcat61 is offline
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Get the popcorn out, sit back, relax and enjoy the show!

This should be a good one, but if you really want to hurt these companies, you have to hurt their wallets - Dont send in your cards, dont do business with them and make airtight cases with plenty of documenting evidence.
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  #19  
Old 02-14-2020, 11:56 AM
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Originally Posted by topcat61 View Post
Get the popcorn out, sit back, relax and enjoy the show!

This should be a good one, but if you really want to hurt these companies, you have to hurt their wallets - Dont send in your cards, dont do business with them and make airtight cases with plenty of documenting evidence.
So true...

For those who want to clean up this hobby, we (ourselves) can do even more to impact this than the courts. Just stop submitting, and paying crazy money for microscopic condition differences. You're very likely getting an altered card anyway, so stop throwing money to the wind. You are only enabling and perpetuating the massive fraud. Once the money and profits finally subside, the insane levels of corruption will follow.
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