Author Launch - turn-key sites for authors
KB Featured Book
Stone and Silt
by Harvey Chute

$2.99
Kindle Edition published 2013-08-14
Bestseller ranking: 713665

Product Description
Big Al's Books & Pals 2014 Readers' Choice Awards: Young Adult Nominee

A ruthless murder and a stolen shipment of gold.

At school, sixteen-year-old Nikaia Wales endures the taunts of bullies who call her a “half-breed.” At home, she worries about how her family will react if she reveals her growing feelings for the quiet boy next door.

Those are soon the least of her troubles. Nikaia discovers a hidden cache of gold, and when police find a corpse nearby, her father becomes a suspect. Worse, Elias Doyle is circling, hungry to avenge his brother’s death.

Nikaia desperately searches for clues to save her father. In her quest to find the killer, she learns about the power of family, friendship, and young love....

Author Topic: Garner/Hamilton Lawsuit - Status Update (Oct 27) - p14, #345  (Read 69133 times)  

Offline J.A. Sutherland

  • Status: Jane Austen
  • ***
  • Posts: 475
    • View Profile
    • Alexis Carew Novels
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #50 on: June 22, 2017, 04:42:44 PM »
Bankruptcy discharges current debt not future. Until a lawsuit is finished, there's nothing for a bankruptcy to discharge. I.e. no monies are owed.

Theoretically the real debt (say unrefunded payments) could be discharged, but one would then be admitting the allegation. But the damages for things like defamation don't exist until there's a judgment.

Sent from my SAMSUNG-SM-G930A using Tapatalk


J.A. Sutherland | Blog | Facebook | Twitter

Offline cdk

  • Status: Dr. Seuss
  • *
  • Posts: 44
    • View Profile
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #51 on: June 22, 2017, 06:57:03 PM »
Bankruptcy isn't always the answer.  Generally, punitive damages are not dischargeable in bankruptcy, and the complaint in this case seeks punitive damages.

Offline ........

  • Status: Madeleine L'Engle
  • **
  • Posts: 91
    • View Profile
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #52 on: June 22, 2017, 07:18:28 PM »
Page 52 of that complaint is a doozy.


Offline loraininflorida

  • Status: Jane Austen
  • ***
  • Posts: 317
    • View Profile
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #53 on: June 22, 2017, 08:03:52 PM »
The filing of a bankruptcy petition stops the lawsuit. The bankruptcy judge can discharge debt from a pending lawsuit. What usually happens though is that the Defendant doesn't respond to the lawsuit, lets it go to default judgment, and only then shells out the money to file for bankruptcy, which will discharge the default judgment.

It is extraordinarily difficult to get a judge to give permission to ask a jury to award punitives. Listing punitives in a Complaint is usually just boilerplate legal language. While I thoroughly support anyone who feels they've been wronged to file suit, the reality is, if you are not filing against a deep pocket, an actual monetary recovery is not to be counted on. That's why lawyers won't take these cases on a contingency basis.
« Last Edit: June 22, 2017, 08:28:32 PM by loraininflorida »

Lorain O'Neil

Offline Vidya

  • Status: Arthur Conan Doyle
  • ****
  • Posts: 603
    • View Profile
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #54 on: June 22, 2017, 10:12:41 PM »
does anyone have any idea how long this case could go on? Could it be over in months? Might it go on for years?

Offline David VanDyke

  • Status: Scheherazade
  • *****
  • Posts: 1369
    • View Profile
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #55 on: June 23, 2017, 12:21:29 AM »
I think you mean judgment against the defendant.

I absolutely do. Mea culpa. I have edited.


Futuristic Thrillers, Mysteries and Science Fiction
David VanDyke | Blog | Website | Facebook | Twitter | Contact

Offline she-la-ti-da

  • Status: Edgar Allan Poe
  • *******
  • Posts: 5941
  • in the bunker
    • View Profile
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #56 on: June 23, 2017, 04:02:23 AM »
@loraininflorida:  I'm not speaking for Christine, and I have no dog in this hunt other than as someone who wants scamming and other unethical behaviors to be ended, but sometimes it's not about the money, it's about seeing that justice is done. So winning punitive damages may not be the ultimate goal, but legal wrangling.

Anyway, I don't see how RH filing bankruptcy could stop a lawsuit, one which hasn't been brought to court, much less been resolved. That seems like it would be unfair to those filing the suit, as they won't get their day in court. I'm sure Christina's lawyer is on top of any play like that.
Queen of Procrasti Nation

Genres: speculative fiction under main pen name.




Offline J.A. Sutherland

  • Status: Jane Austen
  • ***
  • Posts: 475
    • View Profile
    • Alexis Carew Novels
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #57 on: June 23, 2017, 05:12:18 AM »
The filing of a bankruptcy petition stops the lawsuit. The bankruptcy judge can discharge debt from a pending lawsuit. What usually happens though is that the Defendant doesn't respond to the lawsuit, lets it go to default judgment, and only then shells out the money to file for bankruptcy, which will discharge the default judgment.

It is extraordinarily difficult to get a judge to give permission to ask a jury to award punitives. Listing punitives in a Complaint is usually just boilerplate legal language. While I thoroughly support anyone who feels they've been wronged to file suit, the reality is, if you are not filing against a deep pocket, an actual monetary recovery is not to be counted on. That's why lawyers won't take these cases on a contingency basis.

Interesting. And Florida does have a liberal homestead. Still, the big items ($25k in damages asked for) are libel & defamation -- which are hard to prove, and intentional torts, so not dischargable, right?

J.A. Sutherland | Blog | Facebook | Twitter

Online Bards and Sages (Julie)

  • Status: Harvey Chute
  • *********
  • Posts: 13183
  • Gender: Female
  • New Jersey
  • Her Royal Sithiness
    • View Profile
    • Bards and Sages Publishing
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #58 on: June 23, 2017, 05:45:54 AM »
The filing of a bankruptcy petition stops the lawsuit. The bankruptcy judge can discharge debt from a pending lawsuit. What usually happens though is that the Defendant doesn't respond to the lawsuit, lets it go to default judgment, and only then shells out the money to file for bankruptcy, which will discharge the default judgment.

Recent changes to bankruptcy law over the last few years have made it harder to get things discharged. Many courts are highly resistant to allowing Chapter 7 filings (which would liquefy all debt) if they think it is being done just to avoid paying a judgment. And as J.A. pointed out, any fines, penalties, or restitution ordered for willfully breaking the law is exempt from discharge. SO if they can prove libel and a judge orders restitution, bankruptcy won't save anyone.

Writer, Publisher, Game Designer, Resident Sith
Julie Ann Dawson | Blog | Website | Facebook | Twitter | Goodreads | eFesitival of Words

Offline Jan Hurst-Nicholson

  • Status: Isaac Asimov
  • ********
  • Posts: 10006
  • Durban, South Africa
  • Don't let your emotions overpower your intellect
    • View Profile
    • www.just4kix.jimdo.com
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #59 on: June 23, 2017, 06:03:18 AM »
Thanks for all the updates. I think there is a book in all this  ::)

Fiction, family saga, humour, short stories, teen, children's
Jan Hurst-Nicholson | author website

Offline cdk

  • Status: Dr. Seuss
  • *
  • Posts: 44
    • View Profile
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #60 on: June 23, 2017, 11:43:34 AM »
Quote
It is extraordinarily difficult to get a judge to give permission to ask a jury to award punitives. Listing punitives in a Complaint is usually just boilerplate legal language. While I thoroughly support anyone who feels they've been wronged to file suit, the reality is, if you are not filing against a deep pocket, an actual monetary recovery is not to be counted on. That's why lawyers won't take these cases on a contingency basis.

I have over 25 years of experience as an attorney, all in criminal law, and all in Southern California.  I have absolutely zero experience in bankruptcy and federal courts.  I have tried exactly 1 civil case in my life, which coincidentally was for libel and conversion 2 years ago outside my usual sphere of influence in Northern California.  I took a leave of absence from my job and represented the plaintiff pro bono and got a verdict for $600K, $400K in punitive damages related to the libel.  Admittedly, I didnt come into the case until the end to try the case, so I'm unfamiliar with the pretrial proceedings and status conferences that took place before I arrived, but I don't recall the plaintiff requesting permission to seek punitives or it being difficult to prove, although it does require the higher clear and convincing burden of proof.

Maybe punitive damages is standard boilerplate language in a lot of complaints, but libel is the type of cause of action where there's usually some claim of malicious behavior and intent to harm a person's reputation, otherwise, why make the alleged libelous comment.  So punitive damages in a complaint for libel is not likely to be the usual run-of-the-mill boilerplate language.

I have zero experience in bankruptcy, but Ive been told that a bankruptcy filing stops everything.  But my understanding is that's only a temporary solution for a party if the bankruptcy court grants a request to lift the automatic stay.

And I think you're absolutely right that monetary recovery cannot be counted on, which is why I think it was wise for the complaint in this case not to seek an exorbitant amount in damages.

Btw, does anyone know who the judge is or what courtroom the case is in?


Offline EB

  • Status: Arthur C Clarke
  • *****
  • Posts: 2302
  • Gender: Female
  • South Jersey
  • used to care
    • View Profile
    • E.B.'s website
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #61 on: June 25, 2017, 10:16:35 AM »
Filing bankruptcy in bad faith to defeat litigation would be a bad move, especially while building a house. And with both an individual and the business being named, it would be a poor maneuver on many levels.

Offline ChristinaGarner

  • Status: Arthur Conan Doyle
  • ****
  • Posts: 835
  • Gender: Female
  • Los Angeles, CA
    • View Profile
    • ChristinaGarner.com
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #62 on: July 07, 2017, 12:18:06 PM »

Btw, does anyone know who the judge is or what courtroom the case is in?


I haven't confirmed with my attorney, but from the handwriting on the complaint I believe it might be Hon. Frederick C. Shaller.


Offline ChristinaGarner

  • Status: Arthur Conan Doyle
  • ****
  • Posts: 835
  • Gender: Female
  • Los Angeles, CA
    • View Profile
    • ChristinaGarner.com
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #63 on: August 02, 2017, 07:18:57 PM »
Hi everyone. I just wanted to give you the update on what's been going on.

A few days before the deadline for Rebecca to file a response (either an answer or motion to dismiss) my attorney was contacted for the first time by her attorney's office. They requested a two-week extension for filing and as a courtesy, my attorney complied.

Instead of a response, they have filed a motion to quash. Here are the links to the documents my attorney received on July 31st.

Rebecca's sworn declaration of not having business dealings in California, etc:

https://www.docdroid.net/XwbwDjQ/decl-of-raywood-73117.pdf

The motion to quash:

https://www.docdroid.net/1SB2q7m/mtn-to-quash-service-of-summons-73117-1.pdf#page=15

And a signed statement by an attorney in Georgia:

https://www.docdroid.net/1QwbKvw/decl-of-woodrum-73117.pdf#page=2

I can't say much more, but with so many of you invested (either financially, emotionally, or both) I wanted to make sure to update you.

All I will say is that there is no defense here--no assertion that she didn't libel me or break contracts, just that California courts are crowded, California is an inconvenient venue for her, and that she does almost no business in California. Make of that what you will.

Thank you again to all who have shown me such amazing support. I couldn't have done or continue to do this without you.


Offline MyraScott

  • Status: Scheherazade
  • *****
  • Posts: 1468
  • Gender: Female
  • South Carolina
  • Ideas are worth nothing until implemented
    • View Profile
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #64 on: August 02, 2017, 07:22:12 PM »
I'd say lawsuits in general are pretty inconvenient. Especially when you are using delay tactics.  When did that get to have legal standing to quash a case?

When does this go before a judge?

Offline ChristinaGarner

  • Status: Arthur Conan Doyle
  • ****
  • Posts: 835
  • Gender: Female
  • Los Angeles, CA
    • View Profile
    • ChristinaGarner.com
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #65 on: August 02, 2017, 07:22:56 PM »
I'd say lawsuits in general are pretty inconvenient. Especially when you are using delay tactics.  When did that get to have legal standing to quash a case?

When does this go before a judge?

The hearing is August 31.


Offline Rick Gualtieri

  • Status: A A Milne
  • ******
  • Posts: 4643
  • Gender: Male
  • NJ
  • Renaissance Geek
    • View Profile
    • RickGualtieri.com
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #66 on: August 02, 2017, 07:46:01 PM »
Thanks for the update. Sounds like a weak sauce argument to me, considering the nature of online commerce, but of course IANAL.  :)


Making fantasy fun again, one corpse at a time
Rick Gualtieri | Website | Twitter | Facebook | Bill The Vampire on Facebook | YouTube

Offline MyraScott

  • Status: Scheherazade
  • *****
  • Posts: 1468
  • Gender: Female
  • South Carolina
  • Ideas are worth nothing until implemented
    • View Profile
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #67 on: August 03, 2017, 05:34:36 AM »
I'm curious how Rebecca can claim to not do business in CA when her co-author and co-promoter Jasmine Walt lives in Los Angeles.   And if she's ever had a book or promoted a book that's on Google Play or Apple iBooks... she's working with California companies.

If you lived in say, North Dakota, I could see claiming that you rarely do business there (no offense North Dakota) but California?  I'd say the burden of proof is on her to prove that.

Offline evdarcy

  • Status: Jane Austen
  • ***
  • Posts: 289
  • Gender: Female
  • Cheshire, UK
    • View Profile
    • My Author Site
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #68 on: August 03, 2017, 05:41:21 AM »
Sorry, I'm from the UK, so the court system is very different here to there. As to my limited understanding of law, in the UK we tend not to have things done in the same area as the defendant as it can be bias towards them (either for or against).  Why would the court system there allow such a thing in potential favour to the defendant?


E. V. Darcy | Website | Twitter | Facebook | Blog

Offline CABarrett

  • Status: Lewis Carroll
  • **
  • Posts: 126
    • View Profile
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #69 on: August 03, 2017, 06:20:26 AM »
Sorry, I'm from the UK, so the court system is very different here to there. As to my limited understanding of law, in the UK we tend not to have things done in the same area as the defendant as it can be bias towards them (either for or against).  Why would the court system there allow such a thing in potential favour to the defendant?

Our legal precedent (cases where judges have said how to apply the law) is all limited geographically. I'm not very familiar with UK law but I think Scots Law is a good analogy. Our states each have their own laws, so that's a major reason for the overall structure. We have federal laws that are nation-wide, but we don't want any single judge to make a big change to the law, so the federal courts are divided into circuits, and appellate judge's decisions only apply to their own circuit (although they will consider the decisions from other circuits, they are not required to follow them).

Also USA is geographically enormous (and California and Florida are as far as you can get). You can ask local people who have heard of the case to leave when the jury is being picked, and you can can request a different venue if you think everyone is prejudiced against you, so we do have safeguards against bias.

Offline evdarcy

  • Status: Jane Austen
  • ***
  • Posts: 289
  • Gender: Female
  • Cheshire, UK
    • View Profile
    • My Author Site
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #70 on: August 03, 2017, 06:27:38 AM »
Our legal precedent (cases where judges have said how to apply the law) is all limited geographically. I'm not very familiar with UK law but I think Scots Law is a good analogy. Our states each have their own laws, so that's a major reason for the overall structure. We have federal laws that are nation-wide, but we don't want any single judge to make a big change to the law, so the federal courts are divided into circuits, and appellate judge's decisions only apply to their own circuit (although they will consider the decisions from other circuits, they are not required to follow them).

Also USA is geographically enormous (and California and Florida are as far as you can get). You can ask local people who have heard of the case to leave when the jury is being picked, and you can can request a different venue if you think everyone is prejudiced against you, so we do have safeguards against bias.

Thanks for that CA.  I must admit, despite the fact we speak the same languages, our countries are so vastly different that there are a fair few... WTF... moments sometimes.  (Case in point discussion of the UK health system in US media recently with our 'death panels'. 

Watching this with vested interest.

E. V. Darcy | Website | Twitter | Facebook | Blog

Offline Perry Constantine

  • Status: Arthur C Clarke
  • *****
  • Posts: 2606
  • Gender: Male
  • Matsuyama
  • Action Fiction Author
    • View Profile
    • Percival Constantine - Action Fiction Author
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #71 on: August 03, 2017, 06:35:16 AM »
I'm curious how Rebecca can claim to not do business in CA when her co-author and co-promoter Jasmine Walt lives in Los Angeles.   And if she's ever had a book or promoted a book that's on Google Play or Apple iBooks... she's working with California companies.

If you lived in say, North Dakota, I could see claiming that you rarely do business there (no offense North Dakota) but California?  I'd say the burden of proof is on her to prove that.

This doesn't make any sense. Her business has nothing to do with the California market? Good luck trying to prove that nonsense.

Offline alawston

  • Status: Arthur C Clarke
  • *****
  • Posts: 2717
  • Gender: Male
  • London
  • London-based writer and actor
    • View Profile
    • Andrew K Lawston's intermittent blogular adventures
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #72 on: August 03, 2017, 07:22:06 AM »
Sorry, I'm from the UK, so the court system is very different here to there. As to my limited understanding of law, in the UK we tend not to have things done in the same area as the defendant as it can be bias towards them (either for or against).  Why would the court system there allow such a thing in potential favour to the defendant?

Actually I'm not sure this is right. My understanding is that you're tried in your nearest court. If I was put in the cells for being drunk and disorderly tonight (slim possibility I guess ;) ), it would be a London magistrate fining me in the morning. Similarly if I was on a more serious criminal charge, I'd expect to be tried at Kingston Crown Court, or possibly Southwark, depending on where the offence took place.

IANAL, but I have served on a jury, as has my mother, and in both scenarios we were dealing with cases that were very "local".


Broadly comic writer working across as many genres as he can. Acting done.
Andrew Lawston | Facebook | Twitter

Offline elizabethbarone

  • Status: Scheherazade
  • *****
  • Posts: 1027
  • Gender: Female
  • Watertown, CT
  • Contemporary Romance & Suspense
    • View Profile
    • Elizabeth Barone: Contemporary Romance & Suspense
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #73 on: August 03, 2017, 11:30:59 AM »
In the U.S., court is held in the area of complaint; if I get a speeding ticket in VA and want to dispute it, I have to attend court there even though I live in CT. To avoid the costs of travel, legal fees, etc, I'd be better off just paying the ticket.

I'd really like to see less unethical business practices in our industry. Unfortunately there can be a lot of delays in court, which makes it frustrating to say the least. Hang in there, Christina.

Connect With Me: BlogFacebook | Instagram

Offline LurkingUnderARock

  • Status: Dr. Seuss
  • *
  • Posts: 2
    • View Profile
Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #74 on: August 06, 2017, 08:02:21 PM »
Did I read the motion to quash right? Page 9 lines 5-7, specifically the "Raywood does not even write the books that ultimately get marketed under these contracts?" Does that mean that when she includes her books in the sets she has a different contract with herself? Or is it what I thought when I first read the sentence, which is that she is claiming that none of her sets have contained books she has written. As far as I can remember, she has FREQUENTLY participated in her own sets with books she cowrote and wrote. Is she saying she didn't write them? Or is she hoping that no one will prove that her writing IS in the sets? Does that jump out to anyone else, or am I just splitting hairs?

This is gonna be a really interesting court date. Good luck, Christina. Go get her.