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.