Goodmorning Happy Labor Day.
If the Daughter is named the plaintiff. Does all my evidence about the father become a mute point. The transcription and recordings and letter. Just me against the daughter. She never made the claims just the father. Just my evidence of the contract. More simple of a case ?
Morning. Happy Labor Day to you, too.
If the Daughter is named the plaintiff. Does all my evidence about the father become a mute point?
A: The small claims court is obligated to appoint a guardian ad litem for a minor plaintiff. CCP 116.410(b). The father can appear on behalf of the minor child, even though the minor is the "real party in interest."
Whether or not evidence is relevant to the matters at issue, depends on the evidence and the issues. You'll have to be more specific about the evidence and what you believe it proves.
Note: The legal term is "moot," not "mute." Moot means "no longer legally justiciable." Mute means "rendered silent." Not trying to condescend here. Just want you to know the correct terminology.
The transcription and recordings and letter. Just me against the daughter. She never made the claims just the father. Just my evidence of the contract. More simple of a case ?
A: Ah, okay. You can object to the father's claims as without foundation and unfairly prejudicial, i.e., that father is making claims that the child has not alleged, and that unless the child testifies to personal knowledge of the various facts, all of this could be simply invented by father. But, if the child testifies that everything "daddy" is claiming is true, then dad is no longer making the claim -- he's just acting as guardian ad litem.Hope this helps.
Note: I see you are polling the community for answers today. Many of the lawyers here are not licensed to practice law in California. Many have never even set foot in California, much less in a California courtroom.
Where a case is still hypothetical, seeking answers from out-of-state practitioners who can analyze and comment on substantive law may be appropriate. Once you are actually in a pending case, however, trying to get accurate answers from someone with no personal experience in the forum or venue, in my view, is perilous -- and inevitably will lead to a bad outcome.
You may want to ask each person whether or not they are a Member of the State Bar of California -- if not, then you may want to give their answers little weight.
Ok, GREAT point about the forum. Remember the daughter is now an adult as of TODAY. 9/12 is the court date.
Goodmorning, This is Kevin again. My Driving school APPEAL is this Thursday night at 3pm.
He has postphoned it 3 times. I would like to run my Cross examination questions by you. After they get to talk first. Then I get to question them. Can I ask them anything I want ? Use their own recordings and letters against them
For the Mother :
1. Is your Phone # XXXXX YES !
2. Did your daughter receive 31 Hrs of my 36 Hr program YES !
3. On 12/31 Did you call me and pay. YES !
4. When I picked up your daughter where you given my driving school contract. Yes !
5. Did I receive my Contract back affter the driving lesson. YES !
6. Would you have given me back the contract SIGNED by you and your daughter if she was crying upon leaving my car and felt terrorized. No !
7. The next day did you call me to finish the driving lessons AND IGNORE OUR CONTRACT which states we spread out the 6 hours over the next 6 months. YES !
Daughters questions coming next then the fathers....
1. Did we have a 1 hr Driving Lesson on this date. YES !
2. Before your 1 hr driving lesson did you and your Mother come out to meet me at my training vehicle. YES !
3. Was there another student in the car during your driving lesson that you dropped off at home. YES !
4. When your 1 hr driving lesson was over were you unable to speak about your experience without tears coming to your eyes. NO !
5. Would you enter your house and tell your mom and then bring back my driving school contract signed by you as well, if you were not happy. No !
1.Mr Schecter did you on this date leave me a voice mail message stating " I should google your name and that you are a lawyer and own a law firm. That you are going to sue me for $25,000 for cancelling your contract. And that you were going to find everyone else that I have cancelled in the last 3 years to file and action against me. It would be promised on fraud and missrepersentation. ? !
2.Mr. Schecter in that same message did you
state that if I were to call your wife or your daughter you would then file and injunction as well. ? !
3. Did you file an injunction against me. ?!
4. Did you further say "if I wanted to play in the Kitchen I should be able to deal with the heat. ?!
5. Mr schecter in the subsequent message you left the next morning did you say that If I did not refund your money you would file all actions anyway. ? !
6. In the last part of that same message did you say that all I had done was illegal and against the law. ? !
7. Mr. Schecter did you ever file a police report. ? !
8. Mr Schecter did you write a letter to me 15 days after the voice mail messages that your daughter was visibly shaken upon leaving my car and tramatized and unable to speak about it without tears coming to her eye's.
9. Do you have any messages that show I called your daughters number numerous times to harm her verbally for the court. ? !
Where could the lawyer Father trip me up as a lawyer. After I cross examine them I get to give my summary then they get to finish talking last. When should I show my documentation and recorded evidence. After each NO ! during my summary ? Your honor I have this for the court. I have 3 binders with numbered tabs and plastic sheet holders. 1 for each of us. When do I give my binder to the judge. ?
Good morning Sir. He sued me for : Breach of contract, Misrepresentation IIOED to a minor, NIOED to a minor, Disappointment, Stress $9000, Doctor Appt. $1,000. He calculated it as $260 for Breach of contract, severe mental distress, nervousness, shock, mental anguish, anxiety and worry.
I believe I only have to defend against why he thinks I owe him in the first part, not also how he CALCULATED it out ?
Affirmative Defense : I'm trying to deny the fathers truth and defend myself with the facts.
1. Did your daughter receive 30 hours of my Drivers Education course and a completion certificate. Yes!
2. Did your Daughter receive 1 hr of 6 hrs of drivers Training you paid specifically me for. Yes !
3. Does my website offer these 2 courses. Yes!
This speaks to the Fraud & Misrepresentation of my website. He tried to say My website states Drivers Ed 30 Hrs is free and I was charging them for it. Drivers Ed 30 hrs is free provided you pay for Drivers Training 6 Hrs. They paid for the drivers Training only. He is trying to confuse the judge.
4. When your daughter drove herself home after her first 1 hr driving lesson. Did she tell you she received any traffic tickets or had any collisions or was harmed in any way. No !
5. Would you agree that would be considered a good driving lesson from a driving school instructor. Yes !
6. Did you give me back my driving school contract which you had 1 hr to read and that was signed by you and your daughter. Yes !
7. Would you have given me back my driving school contract SIGNED by you and your daughter if she had received and traffic tickets, collisions or was harmed in any way. No!
8. Were you aware that per DMV regulations that your daughter had to keep her DMV driving permit for at least 6 months and drive 60 hours with her parents before she was able to take her DMV driving test. Yes !
9. Does my contract that you and your daughter signed right after her first 1 hr driving lesson state that we spread out the 6 hrs of driving over the 6 month/ 60 hr time period. Yes !
10. Did you call me 24 hours later on this # XXXXX schedule and finish up the driving lessons ASAP. Because you wanted to get the completion certificate for the 6 hrs so your daughter could get her DRIVERS license right away. Yes !
11. Because you were not following the contract or CA DMV regulations did an argument arise during some phone calls.
12. Did I leave some messages out of frustration on your voicemail CANCELING your contract per my abusive behavior clause. Yes !
13. Do you allow your daughter to listen to your private voicemail messages. YES !
Does this maybe fit better under addressing the elements of the claims ?
Before I was focusing on his voice mail messages to me and his lying letter. I never met him before or talked to him. Only after canceling the contract.
Now, I think just addressing the claims.
I was mean in the car ?
My voice mails I left for the mother on her number only are supposed to show I was mean then, so I was mean during the driving lesson too. His daughter is damaged because of a 1 hr driving lesson and from messages I left on her phone. I never left them on her phone, just the mother who had called me. I have phone bills that show as much.
1. Same questions from above that you said very good on !
1. Mr Schechter on these 2 dates did you leave me 2 voice mail message saying you were going to sue me for $25,000 for canceling your $260 Driving School contract. Yes!
2. Did you also say you were going to file an injunction against me and that all I had done was against the law. Yes!
3. Mr Schecter did you ever file a police report or injunction. No !
4. Mr. Schechter did you ever indicate in these 2 messages12 hours apart all the claims you are making. No !
5. Mr Schechter did you receive a letter from me dated that I would honor my contract and finish your daughters driving lessons ASAP.
6. Mr. Schechter did you prevent me from finishing. Yes !
7. Mr. Schecter is there a Doctor here today to testify to your Daughters supposed damages. No !
8. Mr Schechter Isn't this lawsuit about me making you and your wife unhappy while on the phone and not following your wishes.
Your Honor this family received 30 hrs of my Drivers Ed course for free. They then paid for Drivers Training 6 hrs after that. Just like my website states.
Your honor on this date I simply conducted a routine driving lesson with a first time student driver. I did not notice her to be distressed, frightened or scared of me in any way. She at no point asked to be taken home early. She drove herself home after having a good driving lesson, went inside and brought her Mother out to the car with my Driving School contract signed by both of them. My conduct during the driving lesson was not extreme or outrageous. If her Mother the next day allowed her to listen to my messages meant just for the mother, that is out of my control. Those messages were not during or about the driving lesson that took place the day before. I have been teaching teens to drive for more than 20 years, I have never had such a lawsuit in court. I don't think any driving school has. I'm sure learning to drive can be a little stressful but not to this degree. I think Mr. Schechter claims are simply unfounded. He never gets specific about what I actually did in the car that made his daughter unhappy. He was not there and another student was. My negative tone messages to the Mother only does not justify his claims.
I'm trying to disapprove their claims and prove he is lying !
Is this pattern for AFFIRMATIVE DEFENSE or Elements.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).