PSA/BGS/PWCC dispute or refund thread

[Peter_Spaeth]

Originally Posted by Kenny Cole

And I guess that who appointed them will or can make a huge difference in terms of outcome. I am not now, nor have I ever said, that they are all unfair. They are fair, according to their beliefs. If you are a criminal defense lawyer, do you want a career prosecutor as your judge? I would suggest probably not. At least I have been told by some friends who do that they are the worst, particularly on sentencing. Dunno, not my area.

If you do insurance law like I do, do you want an insurance defense lawyer who you have tried cases against as your judge now? I can assure you that I don't. Some are better than others, sure. But it is still a problem. I get that whole "fair" thing. But that is often in the eye of the beholder. Justice is certainly not blind so far as I can tell.

You seem to be straying far from your original argument which was that, as a general matter, plaintiffs do not do well in the Central District of California or Orange County. And that that somehow motivated PSA to name its home district in its forum selection clause, something which is standard corporate practice for most American corporations. I don't even know what points you are trying to make now.

But I like agreeing with you, so I'll agree with your last message, the one before Orange County that is lol I can't keep up with you.

[Kenny Cole]

Originally Posted by Peter_Spaeth

You seem to be straying far from your original argument which was that, as a general matter, plaintiffs do not do well in the Central District of California or Orange County. And that that somehow motivated PSA to name its home district in its forum selection clause, something which is standard corporate practice for most American corporations. I don't even know what points you are trying to make now.

But I like agreeing with you, so I'll agree with your last message.

Do you seriously think they are completely unrelated? i don't.

[Peter_Spaeth]

Originally Posted by Kenny Cole

Do you seriously think they are completely unrelated? i don't.

So Orange County's demographics favor PSA in a suit by one of its customers over a baseball card, as a general proposition unrelated to the facts of the case. Riiiiiiiiiiiiiiiiiiiiiiight. And what about the Central District, you also made the same argument about that court system. Probably as diverse an area, overall, as exists.

[Kenny Cole]

Originally Posted by Peter_Spaeth

So Orange County's demographics favor PSA in a suit by one of its customers over a baseball card, as a general proposition unrelated to the facts of the case. Riiiiiiiiiiiiiiiiiiiiiiight.

Yes, Orange County's demographics favor corporate defendants such as PSA over individual plaintiffs. Wont and cant go into the politics behind that, but that is obviously a huge part of the reason why. As a general proposition I absolutely believe that Orange County is a really bad venue for any individual plaintiff. Period. Not insurmountable, but a problem. You can go try a case there and win, sure, but it is just much harder there than in other areas. It is what it is and life goes on.

[Peter_Spaeth]

Originally Posted by Kenny Cole

Yes, Orange County's demographics favor corporate defendants such as PSA over individual plaintiffs. Wont and cant go into the politics behind that, but that is obviously a huge part of the reason why. As a general proposition I absolutely believe that Orange County is a really bad venue for any individual plaintiff. Period. Not insurmountable, but a problem. You can go try a case there and win, sure, but it is just much harder there than in other areas. It is what it is and life goes on.

Again. Based on what analysis? What facts? What statistics? What anything? You're just making shit up as far as I can tell, for what purpose I don't know. It also sounds to me like you're engaging in some serious stereotyping, but let's leave that out of it. And again, you made the exact same statement about the C.D.Cal., an incredibly diverse and huge area.

[Kenny Cole]

Originally Posted by Peter_Spaeth

Again. Based on what analysis? What facts? What statistics? What anything? You're just making shit up as far as I can tell, for what purpose I don't know.

Go look it up. I am somewhat constrained by the ban on talking about politics, but its pretty easy to get there. How about you do that before you shoot anymore?

[Peter_Spaeth]

Originally Posted by Kenny Cole

Go look it up. I am somewhat constrained by the ban on talking about politics, but its pretty easy to get there. How about you do that before you shoot anymore?

Ridiculous stereotyping if I am reading you correctly. And I take it you have backed off the statement about the C.D.Cal. now which is where you started?

[MULLINS5]

Venue written as exclusive and mandatory is a logistical decision - nothing more.

[Peter_Spaeth]

Originally Posted by MULLINS5

Venue written as exclusive and mandatory is a logistical decision - nothing more.

Of course. Every corporation in America, or most, use such clauses to mandate home jurisdictions.