Joe Wagner
2004-04-25 20:47:25 UTC
Hi all,
On April 9, the 30 day deadline passed for Discover Financial
Services to appeal two $5k victories I won in small claims court for
Discover Credit Card spam. Today I received in the mail notices from
the small claims clerk that DFS has filed two appeals of the verdicts,
filed April 22. I figured a number of people here may have had
experience with defendants filing late appeals of verdicts in CA so
duggestions are always welcomed. Hopefully I will be able to get the
court to enforce the deadline's date and turn down the appeal, but
we'll see. If not, then perhaps down the road I'll have the
opportunity to get full copies of the contracts of every spammer that
made money sending DFS spam to add to what we already have (see
http://legal.hypertouch.com/discover/).
Here's the text of the cover letter the DFS's local law firm,
Buchalter Nemer Fields & Younger, sent to the Judge:
--begin letter--
File Number: D5854-0007
Direct Dial Number: (213) 891-5265
E-Mail: ***@buchalter.com
April 12, 2004
Re: Hypertouch Inc. v. Discover Financial Services, Inc. Small Claims
Case No. SCC 101498 Notice of Appeal
Dear Judge:
On March 11, 2004, judgment was entered in the above matter in favor
of Plaintiff, Hypertouch Inc., and against Defendant Discover
Financial Services, Inc. Notice of Entry of Judgment was mailed to one
of Defendant's customer service centers in Phoenix, AZ that same date.
However, Defendant's agent for service of process, as indicated on
Plaintiff's claim (also enclosed), is located in Los Angeles.
Consequently, Defendant (specifically, Defendant's legal department in
Illinois) did not actually receive the Notice until March 16, 2004, as
indicated by the date stamp in the upper right hand corner on the
enclosed Notice.
Our office represents Defendant, and desires to file the enclosed
Notice of Appeal with the Superior Court. However, we realize that the
30 day time limit to file the Notice of Appeal expired on April 10,
2004, which was this past Saturday. We respectfully request that since
service of the Notice of Entry of Judgment was defective, and
Defendant did not receive the Notice until March 16th, and because the
30'h day fell on a Saturday, the Court accept the enclosed Notice of
Appeal.
Thank you.
Respectfully,
BUCHALTER, NEMER, FIELDS & YOUNGER A Professional Corporation
By
[signature]
Jennifer A. Smith
--end letter--
In fact, the court mailed the judgment correctrly, using the address
the defendant gave in court in response to the Judge's question of to
what entity and to where the judgment should be mailed. Since the
defendant themselves gave the court that new address, one would
presume they shouldn't be very well able to turn around and call the
Notice "defective." There was no cover letter at all included in
DFS's curtesy copy to me of the second appeal (case #101499) and to
top it off, DFS uses the wrong street address in their mailings to us
but luckily the local postman caught it and redirected it.
Joe
On April 9, the 30 day deadline passed for Discover Financial
Services to appeal two $5k victories I won in small claims court for
Discover Credit Card spam. Today I received in the mail notices from
the small claims clerk that DFS has filed two appeals of the verdicts,
filed April 22. I figured a number of people here may have had
experience with defendants filing late appeals of verdicts in CA so
duggestions are always welcomed. Hopefully I will be able to get the
court to enforce the deadline's date and turn down the appeal, but
we'll see. If not, then perhaps down the road I'll have the
opportunity to get full copies of the contracts of every spammer that
made money sending DFS spam to add to what we already have (see
http://legal.hypertouch.com/discover/).
Here's the text of the cover letter the DFS's local law firm,
Buchalter Nemer Fields & Younger, sent to the Judge:
--begin letter--
File Number: D5854-0007
Direct Dial Number: (213) 891-5265
E-Mail: ***@buchalter.com
April 12, 2004
Re: Hypertouch Inc. v. Discover Financial Services, Inc. Small Claims
Case No. SCC 101498 Notice of Appeal
Dear Judge:
On March 11, 2004, judgment was entered in the above matter in favor
of Plaintiff, Hypertouch Inc., and against Defendant Discover
Financial Services, Inc. Notice of Entry of Judgment was mailed to one
of Defendant's customer service centers in Phoenix, AZ that same date.
However, Defendant's agent for service of process, as indicated on
Plaintiff's claim (also enclosed), is located in Los Angeles.
Consequently, Defendant (specifically, Defendant's legal department in
Illinois) did not actually receive the Notice until March 16, 2004, as
indicated by the date stamp in the upper right hand corner on the
enclosed Notice.
Our office represents Defendant, and desires to file the enclosed
Notice of Appeal with the Superior Court. However, we realize that the
30 day time limit to file the Notice of Appeal expired on April 10,
2004, which was this past Saturday. We respectfully request that since
service of the Notice of Entry of Judgment was defective, and
Defendant did not receive the Notice until March 16th, and because the
30'h day fell on a Saturday, the Court accept the enclosed Notice of
Appeal.
Thank you.
Respectfully,
BUCHALTER, NEMER, FIELDS & YOUNGER A Professional Corporation
By
[signature]
Jennifer A. Smith
--end letter--
In fact, the court mailed the judgment correctrly, using the address
the defendant gave in court in response to the Judge's question of to
what entity and to where the judgment should be mailed. Since the
defendant themselves gave the court that new address, one would
presume they shouldn't be very well able to turn around and call the
Notice "defective." There was no cover letter at all included in
DFS's curtesy copy to me of the second appeal (case #101499) and to
top it off, DFS uses the wrong street address in their mailings to us
but luckily the local postman caught it and redirected it.
Joe