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I sued a Hampton Inn in New York. My actual issue was with a…

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I sued a Hampton...

I sued a Hampton Inn in New York. My actual issue was with a Hampton Inn in Virginia. The defendant came to court in New York. The arbitrator favored with an award. Now the local hotel in New York has demanded a trial de novo. Will my case get dismissed. If she withdraws the trial de novo could I collect from the Hampton Inn in Virginia. Lastly could I end the case and sue in Virginia?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

Can you help

Lawyer's Assistant: Has anything been filed or reported?

Yes a demand for a trial de novo has been filed

Submitted: 6 months ago.Category: Legal
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Answered in 5 minutes by:
12/8/2017
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 12,279
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

Thank you very much for your patience. As far as whether you case is dismissed depends on a few things. A dismissal is generally appropriate when there are things like a lack of proper service or a lack of proper jurisdiction. Also, usually a court would have to dismiss it upon its own motion or usually upon motion by you to dismiss it. If you click here, you can see the different causes of action that allow this kind of action to be dismissed.

As far as if she withdraws the trial, you could collect from the Hampton Inn in Virginia if that was against whom the judgment was against. You could end the case and sue in VA; however, it depends on whether jurisdiction was proper, which it probably will be.

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 6 months ago
If I get the trial de novo will I receive a judgement and who Can I collect the judgement from? Honestly she has no motivation to remove the trial de novo. She is very nice but I needed to find a way to sue the other hotel in Virginia. Is it possible to collect out of state?? What could I offer to her to remove the trial de novo??
Lawyer: Legal Eagle, Lawyer replied 6 months ago

If you win a trial, then you can collect the judgment from whoever is listed as the defendant. You can collect from anyone regardless of where they are located so long as there is a judgment in your favor. If you received a favorable judgment and you haven't spent the $ yet, you can probably offer to settle with them to have them remove the new trial in exchange for some of the money back. Many people often agree to things like this to help not have to go through the expense of litigation.

What other questions did you have for me?

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Customer reply replied 6 months ago
The defendent did show up in court does that mean the judgment would be against him?
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Actually, when a judge enters an order, they would notify all the parties of what he or she decides in the case by mailing you and also by making the record of it publicly available on the county court's website:-). So, if you haven't' heard anything yet, it likely means there's been no judgment.

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Customer reply replied 6 months ago
How do I know is listed as the defendent? It is the Hampton Inn but the address js a New York address.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Basically, whoever is listed on the court documents as the defendant is going to be the defendant unless the judge dismissed them. If the judge dismissed a defendant, you would know that for sure because they would tell everyone.

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Customer reply replied 6 months ago
I just received an award but no judgment because the hotel in New York filed a trial de novo. Therefore, I need to persuade the hotel in New York of why she should remove the demand for a retrial. I Want to collect from the right hotel.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

I understand. It is likely that the hotel is upset that you won at arbitration. You won't be getting a judgment because arbitration is not a court. Now that they have filed for a new trial (which is what trial de novo means).

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Lawyer: Legal Eagle, Lawyer replied 6 months ago

You can try to get it dismissed; however, it seems like they're basically asking the court to intervene because they felt the judgment was unfair.

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Customer reply replied 6 months ago
The Greece New York hotel feels it is not fair. Which I agree with. If they removed the trial de novo I would receive a judgment. The question is could I collect from the Virginia hampton because the hotel manager from Virginia was the agent at the hearing.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

I see what you mean and thank you for clarifying. So, chances are you can't collect from the Virginia Hampton; by that I mean that you don't have the automatic legal right. You can always encourage them to settle so you can get your money, but that'll be up to them to agree.

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Customer reply replied 6 months ago
I would first have to get the greece hampton to withdraw the demand for a new trial. Secondly why would the Virginia hotel want to settle other then me asking or to file a suit in Virginia. If she withdraws the de novo would I get a judgement.
Lawyer: Legal Eagle, Lawyer replied 6 months ago
I understand what you mean. Don't forget that they have to pay a ton and attorney's fees to handle these situations so if you're able to maybe offer them some of the money that you were awarded in arbitration, then they may be more likely to withdraw their request for a new trial. If you aren't wanting to do that, then you may have to fight them in court. The fact that you wanted arbitration suggest that a court would probably see it your way. Of course, without seeing all of the documentation I can't give you any kind of specific advice, but that would be my best recommendation with the information that I do have. Did you have any other questions for me?
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Customer reply replied 6 months ago
Therefore, offer them a settlement to remove the trial de novo. If that does not work go to court. If I win I would struggle to collect out of state. Would it be easier to withdraw and sue in Virginia?
Lawyer: Legal Eagle, Lawyer replied 6 months ago
Thanks for your patience. I had to sign off last night. The answer is yes; settlement on condition they remove the trial de novo. It might be easier to collect in VA, but keep in mind that if they don't pay, you can attach a lien to their property meaning when they sell, you'll get paid.
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Customer reply replied 6 months ago
Can a file a motion to dismiss the trial de novo due to it is the wrong defendent it is better to wait for trial. Lastly, the Virginia hotel is not responding to anything. I am not sure if is just aggornace or they feel they will win. Why would a hotel just not cut a check and move on with life. 2000 for them is peanuts. Basically the corporation is just an umbrella for all the franchisers and does not get involved in legal matters. When I tried to contact Hilton Worldwide they basically said we cannot help because it is a legal matter.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hello. Thanks for responding. You can file a motion to dismiss on those grounds yes; however, it is probable that the VA hotel's parent company is the one based on NY so it is likely they are taking their direction from the corporate headquarters regarding this. You would be very surprised how often companies will fight having to pay out anything. They often feel like they are targets and it is also likely they're dealing with multiple lawsuits at the same time so they're trying to manage their exposure financially. Usually, the customer service team will not be of the most help only because they're not privileged to that information. What other questions did you have for me?

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Customer reply replied 6 months ago
Who usually pays the corporate or the franchise? Would the franchise axtually have to pay when they really nothing to do with the situation?
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Usually, it's going to be the corporate parent because they assume liability depending on the kind of action that occurred. For instance, if it is a negligence action, then it is likely going to be the responsibility of the corporate parent. The franchise may have to pay, but under the principle of joint and several liability, the court will just require either or both of them to pay, depending upon what they agree on. It's not really your concern who pays, but rather it is between then to apportion who should pay what. Many times, the franchisor pays the corporate parent to fight these cases on their behalf and pay out damages as well.

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Customer reply replied 6 months ago
He did not have a lawyer at the hearing. My guess is that they are consulting with an attorney.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

That is likely what has happened. In arbitration, many times each side won't have an attorney.

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Customer reply replied 6 months ago
I just got a trial date of January 3. Never know what is going to Happen.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

That's very quick. There's no other hearings between then and now?

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Customer reply replied 6 months ago
No. I am surprised. What could that mean? She said in the letter that she will not be able to make adjornements. She said to bring all your evidence and witnesses.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

That's very strange. Without seeing the docs, I couldn't tell you; however, it is probable that this may be just to determine if the award you were given was accurate or fair. Could you tell me how much you received as an award from arbitration?

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Customer reply replied 6 months ago
2083.00. Just a small claims amount. That was what I was charged for the hotel rooms for one night.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

I see. What I would do is go to the court's website and find out what this trial is for. It could be just for the amount or it could be for something else; regardless, the more you know, the better you may be able to prepare yourself to keep your money that you won.

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Customer reply replied 6 months ago
I will. It should be the entire trial again.
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Understood. Any other questions for me?

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Customer reply replied 6 months ago
Can I sue Booking.com?
Lawyer: Legal Eagle, Lawyer replied 6 months ago

Could you tell me what happened? This way I can analyze if Booking had any liability.

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Customer reply replied 6 months ago
Booking.com never sent the confirmation of the booking. Therefore.I could not cancel any reservation. I never knew the confirmation was made.
Customer reply replied 6 months ago
Is it even possible to sue booking due to jurisdiction?
Lawyer: Legal Eagle, Lawyer replied 6 months ago
I see you could probably sue for breach of contract and yes, you could sue in your home jurisdiction because that's where the contract was breached.
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