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Stone and Silt
by Harvey Chute

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Kindle Edition published 2013-08-14
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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 67280 times)  

Offline ChristinaGarner

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #75 on: August 21, 2017, 01:39:48 PM »
Hi Everyone,

I wanted to let you know that my attorney has answered the motion to quash, wherein it was claimed--among other things--that California is an inconvenient venue for Rebecca and that she does not conduct significant business in the state. You can find the response here:

https://drive.google.com/file/d/0B_vpf8yhHcP0R3Y1YXRmek0wR29TV2xlUnlUU0xPSXZ6TTZJ/view

Please let me know if you have any questions and I'll answer what I can.

Thanks again for all of your support <3


Offline MyraScott

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #76 on: August 21, 2017, 01:42:48 PM »
That is an excellent and well-supported response. 

Of course she does business in California- her co-writer lives there, as do many other writers for her sets and other projects. Not to mention iBooks and Google Play books.

I cracked up at the line about overburdening the courts.  Basically, thanks for worrying about us, but justice is what we do.

Offline ChristinaGarner

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #77 on: August 21, 2017, 01:49:25 PM »

I cracked up at the line about overburdening the courts.  Basically, thanks for worrying about us, but justice is what we do.

I did too, although I wonder if the judge will laugh--especially at a GA attorney intimating he's too busy to give a long-standing citizen justice in the state where I live and my damages occurred.

I also thought the offer to comply with court orders--which they are legally obligated to do--was particularly funny. Are we to infer that if they don't get what they want, they won't comply with the law?


Offline MyraScott

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #78 on: August 21, 2017, 01:51:27 PM »
I also thought the offer to comply with court orders--which they are legally obligated to do--was particularly funny. Are we to infer that if they don't get what they want, they won't comply with the law?

I think that's the underlying threat.

Online she-la-ti-da

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #79 on: August 21, 2017, 01:53:06 PM »
Quote
Are we to infer that if they don't get what they want, they won't comply with the law?

Kinda makes you wonder, right? It's not like any of that is optional in any way.
Queen of Procrasti Nation

Genres: speculative fiction under main pen name.




Online Monique

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #80 on: August 21, 2017, 02:10:16 PM »
Proud of you for fighting the good fight. I know it's expensive and time consuming to do.

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Offline ChristinaGarner

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #81 on: August 21, 2017, 02:19:13 PM »
Proud of you for fighting the good fight. I know it's expensive and time consuming to do.

Thank you, Monique. It's been both and will continue to be so, but enough is enough. Rebecca could have settled this by returning the funds owed me and admitting she'd made statements about me with no basis in fact. That would have been the honest and honorable thing to do, and this would be over. She's made other choices and I intend to see this through, whatever it takes.

edited b/c a typo was driving me nuts.
« Last Edit: August 21, 2017, 03:17:22 PM by ChristinaGarner »


Offline Perry Constantine

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #82 on: August 21, 2017, 02:31:50 PM »
I cracked up at the line about overburdening the courts.  Basically, thanks for worrying about us, but justice is what we do.

I did, too. Your lawyer's ability to use well-reasoned legalese in order to throw shade is awesome.

Offline ChristinaGarner

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #83 on: August 21, 2017, 02:34:42 PM »
I did, too. Your lawyer's ability to use well-reasoned legalese in order to throw shade is awesome.

One of her many fine attributes ;)


Offline EB

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #84 on: August 21, 2017, 03:03:59 PM »
Wow, I am impressed. Your attorney is thorough. I think I have a crush on her right now.

Good explanation of the time limits as well; I thought it was strange that there was no defense response to the issues of your motion when the motion to squash was filed. I've sadly had enough experience dealing with court motions it makes my head spin, but one thing my lawyer said is that we always need to file a cross motion in defense, no matter what sideline agreements are going on between lawyers or participants.

Stay strong. Definitely following. Your lawyer's response was so well-supported that it gives a lot of considerations for small business owners to consider as well, especially those who do business worldwide via the internet. I'm kinda stunned that the defendant's lawyer tried to argue the California thing. I thought the defendant said that her lawyers were moving to get the case moved to Federal court, or thrown out entirely because she was illegally served and your case wasn't filed properly by your lawyer?
« Last Edit: August 21, 2017, 03:11:20 PM by ebbrown »

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Offline Boyd

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #85 on: August 21, 2017, 03:10:02 PM »
Wow, I am impressed. Your attorney is thorough. I think I have a crush on her right now.

Good explanation of the time limits as well; I thought it was strange that there was no defense response to the issues of your motion when the motion to squash was filed. I've sadly had enough experience dealing with court motions it makes my head spin, but one thing my lawyer said is that we always need to file a cross motion in defense, no matter what sideline agreements are going on between lawyers or participants.

Stay strong. Definitely following. Your lawyer's response was so well-supported that it gives a lot of considerations for small business owners to consider as well, especially those who do business worldwide via the internet. I'm kinda stunned that the defendant's lawyer tried to argue the California thing. I thought the defendant said that her lawyers were moving to get the case moved to Federal court, or thrown out entirely because she was illegally served by your lawyer?

Yeah, I was wondering that myself.

Offline ChristinaGarner

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #86 on: August 21, 2017, 03:13:37 PM »
Wow, I am impressed. Your attorney is thorough. I think I have a crush on her right now.

I thought the defendant said that her lawyers were moving to get the case moved to Federal court, or thrown out entirely because she was illegally served by your lawyer?

I'm pretty fond of my attorney, too :)

And yes, Rebecca did say that. I believe my attorney planned to address that in her own sworn statement. (It was filed, but I haven't received a copy yet so I can't say for sure. I will share once I have it.) Rebecca stated in June that laws were broken and that she would be moving the case to federal court. All the more reason it's troubling that her attorneys asked for more time to file a responsive pleading when it seems they were intent on this course of action all along.


Offline EB

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #87 on: August 21, 2017, 03:34:09 PM »
Here is the link to the Go Fund Me for those who want to donate or who would like to check on the updates.

I'd def be interested in your attorney's statement regarding that claim. Wow, I am impressed with her mad research skills. Accurate research and fully notated sources float my boat (lol, it's probably the whole historical fiction thing, but anyway  ;) ) Lately my hobby has been doing court document research, I find it fascinating. Thankfully, my lawyer is my friend, so she doesn't charge me for silly questions.

Thanks for updating, Christina.

« Last Edit: August 21, 2017, 03:37:33 PM by ebbrown »

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Offline evdarcy

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #88 on: August 21, 2017, 04:34:52 PM »
At the end of that document, I just wanted to see an Obama Mic Drop and Peace Out b*tches pictures stapled to it!

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Offline ChristinaGarner

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #89 on: August 21, 2017, 07:17:27 PM »
Lately my hobby has been doing court document research, I find it fascinating.


Wow, you too?? ;)


Offline ChristinaGarner

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #90 on: August 21, 2017, 07:24:07 PM »

...make sure your contracts have a settled venue and method to handle disputes.

Among others you made, this is a great point. The onus is on the person drafting the contract to do so.


Offline Becca Mills

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #91 on: August 21, 2017, 08:47:41 PM »
Thanks for the update, Christina.

Let me drop in a reminder for everyone that this thread should remain focused on Christina's suit. I've removed a post that strayed off topic.

Offline ChristinaGarner

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #92 on: August 22, 2017, 08:48:21 AM »
I had hoped to share my statement with the exhibits attached, but the file is so large and image/screen shot heavy that my attorney isn't able to email it! She'll dropbox it to me eventually but after how hard she's been working I don't want to trouble her for it just now :)

My statement is a brief summary of the case, as well as a rebuttal of certain claims Rebecca made in her own statement. If you missed her statement, you can find it here: https://drive.google.com/file/d/0B_vpf8yhHcP0VWJZYmFYUEdHR19zR3UtdnNhZXJxdXlCWFNN/view?usp=sharing

In it, Rebecca claims to have a Florida address for QBW, an LLC registered in that state. However, when service was attempted at the address, the process server was told the address (a UPS box) was not registered to QBW LLC, and therefore the employee refused to accept the papers.  (We have the process server on record with this.) She also says she plans to remain at her residence at XXX Tall Tree road for the foreseeable future, when in fact she's been posting pictures of the home she's having built and has stated she's moving soon.

She also says "I and QBW conduct hardly any sales in California." Given the number of sets she has on California retailers, the number of California clients she has, and the fact that her co-writer resides here, this is demonstrably false.

And of course there's her claim, "I do not even write the books that ultimately get marketed under these contracts." My statement and exhibits address this as well.

You can find it here: https://drive.google.com/file/d/0B_vpf8yhHcP0TVpMUzUzT2Q4QTFKRnhNNDY0OEhaM2hncC13/view?usp=sharing

Just to answer a question that could come up--I was out of town when this was signed and needed to note my location at the time of signature, which is why it gives a location other than California. I do reside in CA full time.

Thank you again for your support and, as always, I'll answer any questions I can.


Offline Rick Gualtieri

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #93 on: August 22, 2017, 09:43:17 AM »
Thanks for the continued updates, Christina. It is most appreciated!  Wishing you well on this case, and hoping it's not causing undo stress outside of the legal matters.


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Offline MClayton

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #94 on: August 22, 2017, 10:02:48 AM »

In it, Rebecca claims to have a Florida address for QBW, an LLC registered in that state. However, when service was attempted at the address, the process server was told the address (a UPS box) was not registered to QBW LLC, and therefore the employee refused to accept the papers.


Christina, I'm confused by this. If she has a registered LLC in Florida, she's required to have a registered agent. This agent has to be available in Florida during regular business hours at a physical street address (in order to, among other things, accept legal mail). Rented mailboxes won't work - the state will not accept an address for a rented mailbox. The address can be the owner's address, a friend or relative's address, or the address of a company hired to be the registered agent, but it has to be a Florida street address. The registered agent's physical street address is the address that would be listed on the Articles of Incorporation. I'm by no means a legal expert (not even close), but I've been the managing member of a couple of LLCs. 

Offline Boyd

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #95 on: August 22, 2017, 10:16:40 AM »
Christina, I'm confused by this. If she has a registered LLC in Florida, she's required to have a registered agent. This agent has to be available in Florida during regular business hours at a physical street address (in order to, among other things, accept legal mail). Rented mailboxes won't work - the state will not accept an address for a rented mailbox. The address can be the owner's address, a friend or relative's address, or the address of a company hired to be the registered agent, but it has to be a Florida street address. The registered agent's physical street address is the address that would be listed on the Articles of Incorporation. I'm by no means a legal expert (not even close), but I've been the managing member of a couple of LLCs. 

That had me curious, so I googled it - https://www.corporationwiki.com/p/2fhvyc/qbw-services-llc The address listed there is for a UPS store... so I scrolled a little more and found a sample contract for Charmed Legacy with the same address . http://charmedlegacy.com/sample-contract/

Thank you for the updates Christina.

Offline MClayton

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #96 on: August 22, 2017, 10:18:49 AM »
That had me curious, so I googled it - https://www.corporationwiki.com/p/2fhvyc/qbw-services-llc The address listed there is for a UPS store... so I scrolled a little more and found a sample contract for Charmed Legacy with the same address . http://charmedlegacy.com/sample-contract/

Thank you for the updates Christina.

I saw that, too. But it ain't s'posed to be that way. I once had a long conversation with a representative about that very topic. Edit to add:  Rental boxes can be used for mail collection and can be listed as the public mailing address, but the authorized agent has to have a legitimate street address and be available during business hours (typically 9-5), and should be listed in the Articles of Incorporation.
« Last Edit: August 22, 2017, 10:22:59 AM by MClayton »

Offline ChristinaGarner

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #97 on: August 22, 2017, 10:21:56 AM »
Christina, I'm confused by this. If she has a registered LLC in Florida, she's required to have a registered agent. This agent has to be available in Florida during regular business hours at a physical street address (in order to, among other things, accept legal mail). Rented mailboxes won't work - the state will not accept an address for a rented mailbox. The address can be the owner's address, a friend or relative's address, or the address of a company hired to be the registered agent, but it has to be a Florida street address. The registered agent's physical street address is the address that would be listed on the Articles of Incorporation. I'm by no means a legal expert (not even close), but I've been the managing member of a couple of LLCs. 

As I understand it, (and IANAL) as long as there is an actual street address with a live person working there (as opposed to a PO box) it is legal to register an address like this for an LLC. That the person working there has said the address is not valid for that business name is a problem.


Offline MClayton

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #98 on: August 22, 2017, 10:35:54 AM »
The registered agent (Edit to add: in Florida, at least) has to be a specific person who signs the application, accepting the role and all it may entail. http://dos.myflorida.com/sunbiz/start-business/efile/fl-llc/instructions/

UPS doesn't count, unless someone there signed the application and agreed to be the registered agent (which I'm sure wouldn't happen).

Offline PhoenixS

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Re: Garner/Hamilton/QBW Services Lawsuit Now In Progress
« Reply #99 on: August 22, 2017, 10:47:01 AM »
I too followed the google path.

A quick google search brings up the Florida State Dept's information on QBW Services LLC:
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=QBWSERVICES%20L140001342010&aggregateId=flal-l14000134201-da1dfda7-98c2-4a50-86ba-51aa7878a2b4&searchTerm=QBW&listNameOrder=QBW%20P090000734660

The same address is on record for the Company Address, its Mailing Address, the Registered Agent, and the Authorized Person:
300 E OAKLAND PARK BLVD.
#162
OAKLAND PARK, FL 33334

A second google search shows that address as being a UPS store.

A required Annual Report document filed March 19, 2017 (long after RH/Shana's move to Georgia, where, by her own filed court statement, she intends to continue living for the foreseeable future) lists the UPS store address as the address of the Registered Agent and Authorized Person.
http://search.sunbiz.org/Inquiry/CorporationSearch/GetDocument?aggregateId=flal-l14000134201-da1dfda7-98c2-4a50-86ba-51aa7878a2b4&transactionId=l14000134201-4c8f8a82-1981-4bba-ae00-a7a587bfe5bc&formatType=PDF

Note her electronic signature verifying the info is true and accurate.