Originally Posted by ard (Post 711761)

Really? Starting when?



How will you 'elevate' it?

Elevate it, by elevating the damages I'm asking for, that will be above and beyond what are allowed in small claims in CA, by dismissing the small claims suit, or letting the small-claims suit play out and then filing suit in Superior Court with additional causes of action. Unjust enrichment, etc. There are a plethora of arguments here. At least 7 or 8 that will pass tests and are standardly used in these types of defective product cases.



Wait, you will elevate it to superior court AND THEN file a suit?? So what exactly are you elevating before it is a suit?

How can it be elevated before I file suit? The suit would be filed in Superior Court...I meant to say, I would refile a different claim in Superior Court, and withdraw the case in small-claims.

Uh oh. "certainly"... an attorney (of some kind) certainly named as a plaintiff? that will scare them. They will just write a check for $50k more than you want just to avoid having an attorney named as a plantiff

Why would it scare them, they're sued each and every day. They won't care. It's the cost of doing business. Business are not afraid of being sued. Said attorney (of some kind) is well equipped and is lead counsel for companies larger than BMWNA. That says nothing, but to say that corporate litigation is said attorney's focal point and said attorney would only be an asset in small claims court, where attorneys are not allowed. That greatly increases the odds of a judgement against the defendant. It's a factually based case, with written records, from the dealership of what they will do, when they will do it, of which they have not done. There's little to argue, and we want little in return, except for what was contractually promised to us.

Again, confused.. you are writing them a letter torrrow, or filing a suit?

-writing a demand letter with a deadline, deadline passes, filing suit in small-claims, unless between now and the hearing another major issue takes place that they refuse to fix. Then would withdraw case from small-claims, and file in Superior, or wait for hearing in small claims, and then file in Superior for a different cause of action.

You don't 'file' a letter to the BMW, the dealer, the SA, their kids, neighbors and dogs... you send them a letter.

Thanks for the education. Look at the time of night when the letter was written. A few beers after a long day... resulted in a poorly written e-mail. I'll grant you that in full.



I'd sooner get my legal advice from the internet.

Where do you think most attorneys perform their research? What do you consider West Law to be? Don't tell me you use their CDs or their books.


Let us know when you file. Whatever you file. If you file. or whatever..