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Hamilton Lawsuit, discussion & funding -- merged thread.

281K views 1K replies 137 participants last post by  unkownwriter 
#1 ·
NOV 29 UPDATE: http://www.kboards.com/index.php/topic,252500.msg3599299.html#msg3599299

Donations for legal fees being taken at: https://www.gofundme.com/6we7rk-it-takes-a-community

To make a direct donation via PayPal (Christina will update the gofundme page manually), use "friends & family": christina{at}christinagarner.com

_____________

ORIGINAL POST (June 19, 2017):

I'm posting the following as follow-up for the folk who donated to Christina's legal fund via gogetfunding.
http://www.kboards.com/index.php/topic,250747.0.html

Much of the money has already been put to use.

Today, Rebecca Hamilton and QBW Services were served with a civil lawsuit citing:

1) BREACH OF WRITTEN AGREEMENT;

(2) BREACH OF IMPLIED COVENANTS OF GOOD FAITH AND FAIR DEALING;

(3) FRAUD;

(4) UNJUST ENRICHMENT;

(5) LIBEL PER SE; and

(6) DEFAMATION

Details of the case as they accrue will be posted publicly at:
http://www.lacourt.org/casesummary/ui/index.aspx?casetype=civil

You'll need to enter the case number: BC664530

It's my understanding as well that Rebecca's Amazon account was terminated last month, and that it has not been reinstated. Others likely know more about the details around the new LLC the box sets are now being published under via Pronoun.

Christina will be along later to answer what questions she can. It's early yet in the suit, and there will some things she won't be able to discuss. So please keep that in mind. Right now, she just wants to assure those who donated that their money is in fact being used for the legal fees intended.
 
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#54 ·
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.
 
#57 ·
@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.
 
#58 ·
loraininflorida said:
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?
 
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#59 ·
loraininflorida said:
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.
 
#61 ·
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 didn't 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 I've 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?
 
#64 ·
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.
 
#65 ·
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?
 
#68 ·
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.
 
#69 ·
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?

 
#70 ·
evdarcy said:
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.
 
#71 ·
CABarrett said:
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.
 
#72 ·
MyraScott said:
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.
 
#73 ·
evdarcy said:
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".
 
#74 ·
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.
 
#75 ·
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.
 
#76 ·
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
 
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