"Please forward to me all information to establish liability against X. You seem to be up to your old games that you do in every case where you name individuals because you are afraid of federal court. At one point the tactics have to be brought to the court's attention. Also at one point, you have to appear for deposition and not send someone else on your behalf. It is time for you to litigate the case instead of hiding behind others in your firm. I look forward to seeing you at the deposition of your client."

He is defense counsel for huge companies including Macy's, Coco's, Villarta Market, etc.

I've had like 15-20 cases against him for slip and falls and I always name the manager because there is independent liability. He hates that because it keeps the case in state court. Once he removed it anyways and the judge remanded his ass back to state court. He sends me the funniest letters.

It's funny because he hasn't tried a case in years, has his associates do all the depos, and I have settled every case with him so far for good value.

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34843896)

in my jurisdiction, we'd get hit with that, removed, and STAY in fed court.

The defense attys letter is rude as fuck. Exhibit A in this case if he doesn't simmer the fuck down.

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844185)

and a paralegal at your office knows more about litigation than you.

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844469)

You have to have a good reason for naming them separately or you risk the court finding "fraudulent joinder". It's not 'fraudulent' in the usual sense of 'fraudulent'--it's just what the defense has come to be called under the law.

I'm not an idiot and fraudulent joinder is always a risk to plaintiff unless he has some very clear well-alleged separate basis for keeping the manager in the case. I imagine how courts view this probably varies from jurisdiction to jurisdiction but in venues where the fed court prizes so-called efficiency over everything else it is very much a risk.

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844423)

Welcome to fraudulent joinder land.

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844811)

Yes, technically, it Should be a hard standard for defendants in fed court, assuming the judge has an eye to following the rules.

But again, some judges, in some jurisdictions, will press counsel to articulate the basis for keeping the manager in, and will also apply the iqbal twombly standard to the pleadings associated with same, forcing you to articulate WHY manager should stay in the case. All in the interest of "streamlining." They don't fucking care about what they are SUPPOSED to do--they do what they can get away with.

EDIT: It also looks like the 9th circuit takes a rather generously plaintiff friendly view toward fraudulent joinder claims--you are not likely to find such plaintiff-friendly applications on other jurisdictions.

Please consider this--my point about the twombly standard applying to the sufficiency of the STATE COURT pleading to explain why manager should be kept in -- before you respond w SP is so stupid etc nonsense.

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34845456)

Wouldn't you be glad that the plaintiff had sued in StaTTTe court and be happy to keep it there?

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34846173)

Edit: Although I do use contract attorneys to defend depos on smaller cases sometimes. Someone from XOXO just covered a deposition for me on Monday lol.

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34843925)

DESCRIBE common fuck-ups you see PI attorneys do when they have a premises case?

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844363)

First years probably make around 70-75k with shit raises, top out around 120k because of the insurance shitrates they’re able to charge.

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#35920374)

http://xoxohth.com/thread.php?thread_id=3233079&forum_id=2

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34843924)

Not a flame.

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34843975)

Be sure to include a smiling-face emoji

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844367)

https://imgur.com/a/cyBxw

"I received your November 20, 2014 letter. You are starting off this relationship poorly because you lie. We discussed your motion to remand to State court and you advised me that you are naming a plaintiff just to get this case back into State court. I informed you that naming an employee merely to force a remand to State court is not proper. You laughed and then the rest of the conversation with you was pure nonsense."

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34843997)

Wait. Why is it improper?

If it's so improper, he'll win on an easy dispositive motion.

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844694)

http://www.xoxohth.com/thread.php?thread_id=3818630&mc=35&forum_id=2

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844016)

https://imgur.com/a/LwTQY

"Please confirm what Ms. Johnson has to do with this case. I look forward to hearing from you" (Johnson was the store manager lol).

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844189)

He asked for a demand on a Coco's case once. Here is what I wrote:

"Our demand is $125,000 and three pecan pies (because I need at least a whole one for my fees)."

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844248)

Can you send me letters like this on the case I have that you are defending?

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844284)

Then how the fuck do they make money?

THe majority of my cases are simple settlements; however, the BIG DOLLAR cases require at least a MSJ fight

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34845386)

https://www.superlawyers.com/california-southern/article/dont-mess-with-the-bulldog/3bcd3719-08fe-4b1b-b25c-97524e145acf.html

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844321)

You can just pay to be a "super lawyer" or other similar ostensibly prestigious things right?

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844339)

Edit...NM. Still not technically a boomer though.

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844350)

What a faggot

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#36085954)

lmao did Bboooooom write this

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#36085979)

a - the sidewalk wasn't built in compliance with ADA

b - another store within his jurisdiction had a similar injury and he was sued for it just 2 years prior

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844404)

I just used it as evidence that the Regional Manager fucked up in running the store because he allowed this out-of-compliance sidewalk to be added.

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34845404)

I have a steady in-house job with solid pay and predticable hours but sometimes threads like this make being a really lawyer look so much more interesting than my bs.

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844716)

Please eat a dick and tell your client to pay up. We both know you aren’t a real lawyer.”

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34844886)

- if your correspondence ends up before the judge then guess who looks like the reasonable rational party?

- it tends to enrage them even more

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#34846210)

Seriously though... this is funny.

(http://www.autoadmit.com/thread.php?thread_id=3818678&forum_id=2#36085975)