Hi, again, Peter,
Addressing Reply of 6:26 AM,, 6:33 AM, 6:57 AM
6:26 AM & 6:33 AM
1. File the Notice of Appeal. I am going to keep saying that until you tell me you have filed it. I am going to add grounds for the Appeal as we go along, so keep a list separate and apart from any other notes you are keeping.
2. Plaintiff sued the wrong party, pure and simple. He sued you personally and that was error. The whole purpose of incorporating and doing business as a corporation is to protect yourself and your personal assets. Judge was wrong in not permitting you to introduce evidence and checks to show that plaintiff was doing business with the corporation, not you.
I would definitely not concede anything, least of all attorney's fees reasonable or otherwise which was not raised during the trial and which is not part of the judgment
Additional Grounds for Appeal
1. Plaintiff sued wrong party. Plaintiff should have sued corporation;
2. Trial court erred in denying defendant's request to admit evidence that plaintiff was dealing with a corporation, and not with defendant personally.
3. Trial court erred in denying defendant's Motion to Strike plaintiff's complaint as untimely;.
4. If the judge grants lawyer pre-judgment interest, that will be additional grounds for appeal because the issue was not presented at trial, you did not have opportunity to refute plaintiff's reqest for pre-judgment interest.
In Answer to one of the questions you posted in your first question in this question box of what you can object to - Lawyer is submitting a proposed Amended Judgment, the only issue or issues that you can object to are the issues the lawyer raises in his proposed Amended Judgement, nothing else.
2. If the lawyer did not request Attorney's Fees during trial, and the judgment does not award "Counsel fees", his Motion for Attorney's fees should be summarily denied;
3. You are not "Proposing a Judgment" because you cannot retry the case now. That is the purpose of the Appeal. The only thing you can do now is object to the Amended Complaint because it does not conform to the judgment which speaks only of interest on the judgment until it is paid.
4. You bring up the word "forced" again. If you still think of it as coercion, let me know and I will try and explain it differently. It is simply a phrase used in a legal sense meaning "but for this, I would not have done that.........."
Please allow me to reiterate - The argument/objectons I wrote are not to be sent to the Judge. They are to be used as oral arguments to refute and object to lawyer's "Motion for Attorney's Fees".
7:20 AM & 7:26 AM
1. Yes, this is an action involving a contract, but I do not know what your lawyer meant about not being an action for unjust enrichment. The only time that unjust enrichment is in contract actions.
2. No, do not send the letter to the judge, preventlively, or otherwise
You cannot discuss or debate fraud with the Judge at this stage of the proceedings. And, you are not the one to charge the lawyer with fraud. As I stated previously, defrauding an insurance company is a crime and it is the responsibility of the District Attorney's Office to file charges and prosecute the perpetrator. I do not see, nor have you mentioned anything for which you can sue the lawyer, except for slandering your wife which he should not have done, but the defamation action can wait a couple of months. until you address the issues for which you are facing immediate time limitations.
2. Yes, your corporation benefitted indirectly from the insurance proceeds, but it represented payment for work and repairs performed, you were not receiving money for nothing. If you let thie plaintiff or his lawyer intimidate you on this, you will not be able to fight. Look at it this way, How can they implicate you without implicating themselves ? They can't.
If you wait too long, then you will be asked why you did not come forward sooner, then that will make you look bad. Make sure you cover yourself from all angles, then immediately go to the insurance company. I can't tell you how to protect yourself, other than to say have all your records of hours you expended on repairs for the plaintiff and all your receipts for materials you bought. Then, they cannot touch you,
Please be kind enough to rate my service to you as "Excellent Service",
Thank you for allowing me the opportunity to assist you,