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Old 03-03-2012, 07:58 AM   #691
C-Stain
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Pasta -

I've been following this thread since its inception. Wow. You certainly have my empathy for what you're going through. The judgement, seems very low - best of luck with your next step. Its nice to know that the judge felt you were entitled to SOMETHING.

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Old 03-03-2012, 08:38 AM   #692
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So AJ, looks like LA has taken it's last chance for a mow by.

Sorry to hear that the settlement was not more in your favor. The amount is not a surprise, what is is the length of time to get it. My hunch is the judge sees cases everyday that have been strung out so you are just one of the many and not going to be compensated for being fool enough for living there.
The amount seems low but in the world of motorcycle, & automobile to some extent, settlements you've actually done fairly well. You are getting some $ AND you still hold the pink. But the best part of all is that you are still sucking air of your own accord.

We live in an entitlement society and this "event" a good example of big brothers restitution and "giving us what we are due" varies on who is writing the check and who it is written to.

D00d, I'm glad you're still sucking air with us and still around, so take what you've been offered and move along. You're young and still have the ability to learn from yours & others misfortunes. Because in the big picture it is JUST a fuckin' motorcycle.




ps: I'll miss ya at WARPED.
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Old 03-03-2012, 09:35 AM   #693
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I say take the money.

Is it a judgement or another offer to settle? If it's an offer to settle I wouldn't push it because you can piss off the judge and get nothing.

Honestly and no offense meant...that old clapper isn't worth much more than $4,000, $3500 is more than fair.
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Old 03-03-2012, 10:14 AM   #694
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It is a shame you had to go to this extreme to get compensated. Small claims are a low cost method of being paid for debts and damages. A Judges opinion is what he views as fair, though you may disagree.

Conspiracy theories aside, the Judicial system is a State system and independant of LA County.

If somebody wants to be compensated for pain, suffering and frustration you have to sue in "real court". The filing fees are more and I would advise getting a lawyer.

I doubt you will have any problem getting your money. Unlike a private individual, the County has it and can't hide it. At this point, it will cost them more in time and fees to hassle you further. You will not have to hire a third party to serve judgement or search for assets to put liens on.

Take the money.
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Old 03-03-2012, 08:26 PM   #695
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It is a shame you had to go to this extreme to get compensated. Small claims are a low cost method of being paid for debts and damages. A Judges opinion is what he views as fair, though you may disagree.

Conspiracy theories aside, the Judicial system is a State system and independant of LA County.

If somebody wants to be compensated for pain, suffering and frustration you have to sue in "real court". The filing fees are more and I would advise getting a lawyer.

I doubt you will have any problem getting your money. Unlike a private individual, the County has it and can't hide it. At this point, it will cost them more in time and fees to hassle you further. You will not have to hire a third party to serve judgement or search for assets to put liens on.

Take the money.
Not a big deal at all. Especially when you can have the sheriff seize the lawnmower, and sell it at auction.

I had to threaten AVIS rent a car with several cars getting towed on thanksgiving weekend to get paid.
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Old 03-03-2012, 09:00 PM   #696
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Been following this for many months and this is just plain wrong. If you hit a cop's car from behind, you would have to pay for the repairs, plus who knows what. A city owned mower rams you into a cop's car, and you get almost no money.

I have to say, you are paying a price for living where you live. I hope things are different in other parts of the country. I sincerely hope they are.

Sorry to have to say this, but after all this time, I would grab what is being offered and call it a day. Chances are, if you go one more round, it won't be pretty nor easy.

I'd rather deal with the snow...
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Old 03-03-2012, 10:42 PM   #697
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In thinking about it I'm also out about a grand straight out of pocket for missing work as well so add that to the talley. As far as the money I'm going to do a little research but I'll probably end up taking it
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Old 03-04-2012, 12:57 AM   #698
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In thinking about it I'm also out about a grand straight out of pocket for missing work as well so add that to the talley. As far as the money I'm going to do a little research but I'll probably end up taking it
So its an offer to settle, rather than a judgement?
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Old 03-04-2012, 01:02 AM   #699
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In thinking about it I'm also out about a grand straight out of pocket for missing work as well so add that to the talley. As far as the money I'm going to do a little research but I'll probably end up taking it
unless your can find fault in what the judge used as a base for deciding it's worth it just to get it over. Low ball but it's better then 1500.00. it's kind of like what truckers do with tickets even with 90% of them being bullshit you just let the man screw you and get on with life. Anyone know if there's a way to go back to a judge and say you should reconsider because of a, b or c? Take the 3500 and fed ex the mayor a bag of dog crap to express how you feel about being treat this way. Cash is cash. Really don't understand LA not just paying out to start with. Were i ll I once hurt my leg where they were doing road work because of drain cover being missing and they just said here 450.00 bucks for your wages . No issues , I call and a check 2 days latter.
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Old 03-04-2012, 02:13 AM   #700
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This thread just renews your faith in the 'system' doesn't it?
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Old 03-04-2012, 07:10 AM   #701
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This thread just renews your faith in the 'system' doesn't it?
Yeah, it sure does...

It's a damn shame the BS judgement you are considering taking can't even be "taken" yet. Is it going to be a year before they cut a check?
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Old 03-04-2012, 07:50 AM   #702
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So its an offer to settle, rather than a judgement?
It is a judgment. His decision is whether to appeal it or not. If he appeals, it goes to the superior court and lawyers can get involved. He would still be limited to $7,500 max.


When I was a young lawyer, we would look for people who wanted small claims appeals done to get court/trial experience. I probably did 100 of them in my first couple of years out of law school, most for free or not much money, just to get good experience.
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Old 03-04-2012, 09:00 AM   #703
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It is a judgment. His decision is whether to appeal it or not. If he appeals, it goes to the superior court and lawyers can get involved. He would still be limited to $7,500 max.


When I was a young lawyer, we would look for people who wanted small claims appeals done to get court/trial experience. I probably did 100 of them in my first couple of years out of law school, most for free or not much money, just to get good experience.
So what was the win/loss ratio of those?
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Old 03-04-2012, 11:20 AM   #704
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Pasta,
For what it's worth...I've always been a person that was high on principles. As you are too, that would suggest you appeal.

But I have learned over a lifetime that following through on your principles, digging in for the long haul, takes some of your life away. Hassle, worry, effort all takes its toll.

Thus, if I could suggest my wisdom in this case, take the 5k and call it a day. Know that you did get a judgment and leave this hassle and try to let it go.

Good luck to you and yours, that's just how city hall works and be glad to be done with it.
KJ
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Old 03-04-2012, 12:20 PM   #705
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This has probably been state previously but I suggest you rear end a city lawnmower. You will at the minimum feel some sense of justice and at the most be able to make a comparative assessment of the claim against you or your insurance company.
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