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Zachary
Zachary, Attorney
Category: Legal
Satisfied Customers: 3838
Experience:  Lead trial/International commercial attorney licensed 11 yrs
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Hello, are you online.
Submitted: 1 year ago.
Category: Legal
Expert:  Zachary replied 1 year ago.
Hi,

How can I help you?
Customer: replied 1 year ago.


Hello, Thank you for your time. I've owned a Ca. Licensed Driving School for many years. I have a 17 and a half year old students father lawyer who owns a law firm acting BIZZARE. The Mother contacted me for driving school services after seeing my website www.OCDriversEd.com. She was informed of how our program works in detail.

She paid on 11/30/12 for her daughter to take 30 hours of Drivers Ed on- line & 6 hours of behind the wheel Drivers Training. She completed the 30 hours of Drivers Ed. She went to the DMV with our paper work to get her driving permit. The 1st lesson I showed up for was on 2/10/13. The student and her Mother came to the car. I handed her Mother our CONTRACT !!! We left for an hour of driving. We stopped during the lesson and I used the restroom somewhere. She had a cell phone on her. We finished her lesson back at her house. She walked in and came back out by herself with our contract signed by both of them. SHE THANKED ME FOR THE LESSON. She was told to call back in a couple of weeks for the next hour of practice. She needs to practice at home now with her parents. Under 18 in CA. you have to wait 6 months with your driving permit before you can take your driving test. We spread out or lessons 1hr, 1hr, 2hr & 2hr with the last one before the students driving test.

 

The next day the Mother called to schedule the next one and wanted to finish all lessons ASAP ! She thought her daughter could take her driving test as soon as she was done with us. WE INFORMED HER AGIN OF THE 6 MONTH DMV rule !!! We had an argument because we would not finish her ASAP. We reminded her of the CONTRACT THEY READ AND SIGNED. The father called that night and said he was going to sue me for fraud & misrepersaentation in municipal court for $25,000 because I cancelled the contract. I have a clause for abusive behavior. If I were to contact his wife or daughter again he would add emotional distress of a minor and harassment. I left messages on 2 numbers the same day as the argument pointing out the odd behaviors and my contract. I was firm with my words. I sent them a letter right after that saying I would finish her ASAP !

 

2/28/13 I received a letter saying he was going to sue me because his daughter got out of my car crying !!! She has seen DOCTOR for the emotional trauma she endured.

 

6/1/13 I was served with a small claims action. Breach of contract, Intentional infliction of emotional distress of a minor, negligent infliction of emotional distress to a minor, misrepersentaion, disappointment, stress $9,000 Doctor appt. $1000

 

he calculated breach of contract $260 , severe mental distress , nervousness, mental anguish , shock , anxiety & worry.

 

I have messages recorded from him saying I will show you how good of a lawyer I am.

 

I also have messages from him saying he was going to find everyone who I have canceled and have the file against me as well.

 

The daughter never called her parents when I was in the bathroom. She came back out happy by herself to give me the contract.

 

Can I sue him for harassment. What would a judge think about a lawyer acting this way.

Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. I'm absolutely disgusted by what this lawyer is doing.

Nevertheless, I would advise you to hire a lawyer when faced with this aggressive prosecution. You need to provide a good defense to his claims and you need to establish that this is a fraud on the court. He has manufactured claims against you and is going to use his legal expertise to win the case. This is something that will not be hard to do when you are not a lawyer and do not know how to defend yourself.

Are you incorporated? If so, then you have to hire an attorney anyway because a corporation cannot appear in court without an attorney.

Do you have business insurance? If so, you should submit this claim to them to see if they will pick up your defense, as this is breach of contract claim (primarily).

Customer: replied 1 year ago.


We are going to small claims $7,500 limit no lawyers. He filed on 4/15/13 I was served 2 days ago

Expert:  Zachary replied 1 year ago.
Hi,

I understand that. Are you incorporated?
Expert:  Zachary replied 1 year ago.
Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.

Best Regards,
ZDN
Zachary, Attorney
Category: Legal
Satisfied Customers: 3838
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Hi again CAN you believe I lost my case. I had a protem judge that I agreed to hear my case. Right before my case the judge just left. A new judge sat down and continued. No explanation.When we were called up, I had my documents and recoder with my evidence. The judge listened to him then yelled at me. I tried to play my recordings 2min but he said I would need a counter suit to play them. I never got to present my side. He got toshow his paper work. He got to play his recordings. Not me! I just got yelled at and his words and lies won. The daughter was never questioned. She was standing right there.

Expert:  Zachary replied 1 year ago.
I'm very sorry to hear this.

My understanding is that you were sued for negligent infliction of emotional injury? Is that correct?

I also understand that there was another student in the vehicle with you that witnessed the entire incident.

Did you attempt to call the daughter to testify on the stand, or ask the judge to allow you to question her?

What did the judge yell at you for?
Customer: replied 1 year ago.

This lawyer father sued me for the following. BREACH OF CONTRACT, I unilaterally cancelled his contract. My evidence is my signed contract by the Mother & daughter after the driving lesson. Contract states I can cancel for abusive behavior IE. arguing and trying to go out side the contract. INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS OF A MINOR, NEGLIGENT INFLICTION EMOTIONAL DISTRESS OF A MINOR, MISREPERSENTATION, DISAPPOINTMENT, STRESS $9000. DOCTOR APPT $1000. He calculated the money it says BREACH OF CONTRACT $260, SEVERE MENTAL DISTRESS, NERVOUSNESS, SHOCK, MENTAL ANGUISH and ANXIETY. This was for the 1 hour driving lesson and for the messages I left on his phone. I left angry bad tone messages about 5 on the number the Mother called me on. Explaining parts of my contract. No bad words, just amazement at the mothers actions. He says I left messages on 3 different numbers for all. I have phone records to show I called 1 number NOT the daughters number. She supposedly heard the messages and became screwed up !


 


He started the case off by saying he did not know his minor child (!7 and a half) signed up for my driving school program. The 30 hours of Drivers Ed she took was over 3 weeks on line. What about the Mother ? He said I hounded her to pay me when she was done. Drivers Ed my website says is free provided you pay for Drivers Training. He argued it was not free I trick all teens. My policy page explains my program. OCDRIVERSED.com. The judge went off on me why I hadn't made it more clear to teens on the face page. I changed it by now. His daughter paid me with her bank account. I remember talking to the Mother first. the day of payment. He then brings up his daughter has physcotic episodes in the past. My phone calls TO HER were horrible. I tried to explain with my records I never called her just the parents number. He said of course its every ones number. Those phone calls in a row were for the mother. He played them in court. The judge says why was I so mad. I explained about the weird behavior of the mother. I had my 2 recordings that has the fathers voice 1 day in a half later talking about he was mad I cancelled the contract. If i was to call his wife and daughter he would file these accusations. Next morning 2nd recording asking for a refund or he would file in court. I asked to play them. The judge said I cant because I did not counter sue. I also wanted to show a letter from him explaining that his daughter came out of my car crying. My records show I never got a call until 24 hours later. That was for scheduling the next appt. I got the contract back after the driving lesson. His messages never talk about his daughter being so upset. The judge right away cut $5,000 off for her being a minor ? He ruled the $260 back for fraud and misrepersantation and about $600 for doctors bills and the rest for pain and suffering. He thought my messages were directed at the daughter. I was mean to her.


 


In the new trial do we start from this verdict or the $10,000 start


 


 


was mean.

Expert:  Zachary replied 1 year ago.
If you appeal and get a new trial, it starts all over again. Thus, it would be for whatever the Plaintiff can prove.

I think you should appeal, but I think you should only do so if you hire a defense attorney. Otherwise, you are looking at losing again. I do not think you are defending this correctly and I think you need an advocate.

I also think you need to counter-sue for intentional infliction of emotional distress against the father.
Customer: replied 1 year ago.

In small claims court if I did not counter sue the first time. I can't on the appeal ???

Expert:  Zachary replied 1 year ago.
That is true.
Zachary, Attorney
Category: Legal
Satisfied Customers: 3838
Experience: Lead trial/International commercial attorney licensed 11 yrs
Zachary and 9 other Legal Specialists are ready to help you

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