Date: Fri, 9 Jul 1999 14:59:43 -0700
Reply-To: sxs@CONCENTRIC.NET
Sender: Vanagon Mailing List <vanagon@gerry.vanagon.com>
From: Steve Schwenk <sxs@CONCENTRIC.NET>
Subject: Re: GEX
Content-Type: text/plain; charset=us-ascii
Ray...Well...i guess you got me on the tort-based long
arm...but if you allege fraud, you have a tort...and
using old valves where they promise new is fraud...even
if negligent...negligent misrepresentation...of course
you can attach your contract claim, too. Also, if they
enter into the contract over the phone and perform the
contract in the state by shipping the engine there,
then i doubt that there's a state in the union that
wouldn't find jurisdiction exist even though they may
use different tests...place of contracting or place of
performance. And there are consumer statutes drafted
to provide a remedy against entities conducting
business by mail or phone that provide for local
jurisdiction.
My only point is that if you honestly have been ripped
off, don't let the fact that the vendor or whatever is
out of state stop you from holding them accountable.
On transactions likje this, you can usually use local
courts. Enforcement is another matter, but not all
that difficult to do in another state suing the mail.
Do i want to sue GEX...No, not particularly... unless i
am formally retained on a legitimate and worthy case.
I make no opinion on whether they have done anything
wrong ... except in the reported case where someone
got a judgment against them...that (if true) seems to
speak for itself.
steve
p.s. don't have my barbri handy to cite...too out of
date by now!
"M.R. Nimmo" wrote:
>
> Steve,
>
> I thought this was pmail. Since it wasn't I'll also
> respond to the list.
>
> The Long-arm works great for torts in my state, but is
> lagely ineffective for most contract disputes.
> Quoteth BARBRI ('cause I don't have time to put more
> effort into this) "Many statutes permit
> jursdiction if the cause of action arises out of the
> 'transaction of business' in the state. Some states
> require that the defendant or his agent have been
> physically present in the state [others take a more
> liberal view and don't require a physical presence in
> the state]."
>
> Any way, even if he gets a judgment from Iowa
> magistrate court or from whereever, he still has to
> pay a California attorney to enforce the judgment.
> Unless he's going to find wait at the UPS station a
> seize GEX boxes as they're shipped through the state.
>
> I'd LOVE to see GEX return all the money they've
> stolen from VW enthusiasts. You wanna sue GEX for him?
>
> ===
> Ray
> 84 Vanagon GL (sunroof & weekender)
> FreeLoveIXOYE
>
> I use DIGEST mode, pmail me at mrnimmo@yahoo.com or mrn@farrell3.com if you need an immediate response.
> _________________________________________________________
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