What is a bk for a 74-year-old worth in in dollars?
A: Asssumig that the bankruptcy is the reasonably foreseeable result of the witness tampering, then it's worth the out-of-pocket cost of the bankruptcy, plus any lost investment opportunity, lost earnings, and the value of the reputation injury -- which could include emotional damages.
Courts are reluctant to permit damages that are not foreseeable, unavoidable, causal and certain. For most people, reputation damages are difficult to prove. However, if you could show that the home was lost due to the acts of the attorneys, then those damages would be recoverable.
Of course, none of this matters in small claims, because the most you can get is $7,500 from any one claim. But the theory of recovery is still the same.
Also FINRA said the Courts could have the arbitration over-turned, based on fraud,Birbrower, and CCC 1282.4, and I know the lawyers have been in Calif. numerous times to handle many other similar FINRA arbitrations.
A: A California court can set aside a judgment based upon extrinsic fraud or mistake if the other party was prevented from having the case fairly litigated on the merits as a consequence.
Olivera v. Grace (1942) 19 Cal.2d 570, 576, 122 P.2d 564, 568. This inherent equitable authority of the court has nothing whatsoever to do with FINRA, Birbrower, Civil Code 1282.4, or any other statutory legal authority.
Any advantage for me to have my particular arb.over-turned, even IF the court decrees such?
A: I don't know, because I have no idea what your case is all about. You've obviously discussed it in this forum on numerous occasions. However, I try not to read the answers provided by my colleages, because it frequently sends my blood pressure into the life threatening range.
Hope this helps.
And, if you need to contact me again, please put my user id on the title line of your question (“ToCustomerrdquo;), and the system will send me an alert. Thanks!