Class action suit filed against PSA, PWCC and Probstein

[Snapolit1]

On an admittedly quick read, I'd give that complaint a very small chance of surviving a motion to dismiss.

Fraud is pled in conclusory terms. Basically no particular facts alleged supporting fraud. Must have been fraud because of the defendants' negligence in not realizing what they should have realized. That ain't fraud.

One person's (someone learned) opinion.

[ullmandds]

i quickly perused this and it states that PSA maintains photos of all cards it grades? Is this true?

My impression is that this isn't written terribly well.

[swarmee]

Originally Posted by ullmandds

i quickly perused this and it states that PSA maintains photos of all cards it grades? Is this true?

Doubtful. They only started scanning cards for photography purposes a year ago, and then only high valued cards at Express levels as far as I know.

[T205 GB]

Originally Posted by ullmandds

i quickly perused this and it states that PSA maintains photos of all cards it grades? Is this true?

I think we all know PSA does not do this They would be damned if they did!

[cardsnstuff]

does anyone actually believe, anything will change and/or come as a result of this lawsuit?

[whitehse]

Originally Posted by cardsnstuff

does anyone actually believe, anything will change and/or come as a result of this lawsuit?

In my opinion, unless collectors/investors stop spending money with PSA and stop chasing the registry, not much will change. With a current backlog of a million cards despite the current scandal going on for nearly a year now, it seems that there is no appetite to curbing spending with PSA.

[egbeachley]

Originally Posted by whitehse

In my opinion, unless collectors/investors stop spending money with PSA and stop chasing the registry, not much will change. With a current backlog of a million cards despite the current scandal going on for nearly a year now, it seems that there is no appetite to curbing spending with PSA.

The biggest change would come from the Registry. In the past a top Registry set would get kudos and impress collectors. As soon as the top Registry folks get laughed at for spending top dollar on altered cards the dominos will start to fall.

I am not impressed with any of the best sets on the Registry anymore. In fact the word “lame” usually comes to mind. Although maybe I’m the only one who feels that way.

[CMIZ5290]

Originally Posted by cardsnstuff

does anyone actually believe, anything will change and/or come as a result of this lawsuit?

Amen Tony......It won't, trust me. Can you hear Brent, Rick, and Joe O laughing in the background??

[cardsnstuff]

Originally Posted by CMIZ5290

Amen Tony......It won't, trust me. Can you hear Brent, Rick, and Joe O laughing in the background??

This is my belief as well.

[nolemmings]

Originally Posted by CMIZ5290

Amen Tony......It won't, trust me. Can you hear Brent, Rick, and Joe O laughing in the background??

Yeah, I bet it's a plate full of chuckles to know you've been sued, your business integrity attacked and, depending on the nature and extent of your insurance coverage, that you'll be dealing with and paying lawyers. I know my clients would consider it a real knee slapper, a true hoot and a holler.

[Leon]

Originally Posted by nolemmings

Yeah, I bet it's a plate full of chuckles to know you've been sued, your business integrity attacked and, depending on the nature and extent of your insurance coverage, that you'll be dealing with and paying lawyers. I know my clients would consider it a real knee slapper, a true hoot and a holler.

Sounds like fun, fun, fun to me, Todd.
There is no doubt whatsoever this suit draws a lot more attention to the issue issues and that can only be good.

.

[CMIZ5290]

Originally Posted by nolemmings

Yeah, I bet it's a plate full of chuckles to know you've been sued, your business integrity attacked and, depending on the nature and extent of your insurance coverage, that you'll be dealing with and paying lawyers. I know my clients would consider it a real knee slapper, a true hoot and a holler.

And you think they give a damn?? Why dont you check their bank accounts for better perspective.....They are all making a TON of money....

[Fballguy]

Originally Posted by CMIZ5290

Amen Tony......It won't, trust me. Can you hear Brent, Rick, and Joe O laughing in the background??

What are they laughing about exactly and why are you so proud of them doing it?

[perezfan]

Originally Posted by Fballguy

What are they laughing about exactly and why are you so proud of them doing it?

I was wondering the same. I believe most of us find this lawsuit to be much funnier than they do. Even a sub-par attorney will cost them tens of thousands when all is said and done.

And after this civil suit is settled, they can look forward to the FBI's inevitable criminal charges. So they get to party on all over again. What a blast!

[CMIZ5290]

Originally Posted by Fballguy

What are they laughing about exactly and why are you so proud of them doing it?

This is absolutely an idiotic comment by you....Me proud of them? I hope they get their asses whacked. I am just sick and tired of hearing people talk about potential damage that is going to come to these parties, and not a DAMN thing ever comes of it. Personally, I can't stand Rick Probstein, but he keeps on keeping on, and people keep on paying stupid prices for both of these guy's auctions...This talk about these two have been going on as long as I've been a member on N54.

[Fuddjcal]

Originally Posted by Snapolit1

On an admittedly quick read, I'd give that complaint a very small chance of surviving a motion to dismiss.

Fraud is pled in conclusory terms. Basically no particular facts alleged supporting fraud. Must have been fraud because of the defendants' negligence in not realizing what they should have realized. That ain't fraud.

One person's (someone learned) opinion.

I tend to agree , but it's a good start.

[nolemmings]

Originally Posted by Snapolit1

On an admittedly quick read, I'd give that complaint a very small chance of surviving a motion to dismiss.

Fraud is pled in conclusory terms. Basically no particular facts alleged supporting fraud. Must have been fraud because of the defendants' negligence in not realizing what they should have realized. That ain't fraud.

One person's (someone learned) opinion.

Fraud is just one of 8 separate counts alleged in the Complaint, and if any of those survives a motion to dismiss, which it/they should, the case would continue. Consumer fraud has different requisite elements than common-law fraud, and, at least in Arizona, is easier to establish.

This could be incredibly interesting once discovery gets in full swing.

[jackwesq]

Hi everyone. This case is filed in Orange County Superior Court. You can access the case docket by ...

1. Going to www.occourts.org
2. Clicking on "Online Case Access"
3. Click on "Access Now" next to "Civil Case & Document Access"
4. Click "Accept Terms"
5. Type in the case number of "30-2020-01130892" and year of "2020" and doing the "I'm not a robot"

The case is assigned to Hon. William Claster in Department CX-104. (CX is for Civil Complex).

To the extent any motions are filed, and I'm sure there will be, Judge Claster will likely issue a tentative ruling. His tentative rulings can be accessed here:

https://www.occourts.org/tentativeru...terrulings.htm

And for those who want to attend any hearings in person, the Courthouse is located at 751 W. Santa Ana Boulevard, Santa Ana, California 92701.

The Courthouse is open to the public, but you do have to go through a security check.

Thank you.

[Tyruscobb]

Originally Posted by jackwesq

Hi everyone. This case is filed in Orange County Superior Court. You can access the case docket by ...

1. Going to www.occourts.org
2. Clicking on "Online Case Access"
3. Click on "Access Now" next to "Civil Case & Document Access"
4. Click "Accept Terms"
5. Type in the case number of "30-2020-01130892" and year of "2020" and doing the "I'm not a robot"

The case is assigned to Hon. William Claster in Department CX-104. (CX is for Civil Complex).

To the extent any motions are filed, and I'm sure there will be, Judge Claster will likely issue a tentative ruling. His tentative rulings can be accessed here:

https://www.occourts.org/tentativeru...terrulings.htm

And for those who want to attend any hearings in person, the Courthouse is located at 751 W. Santa Ana Boulevard, Santa Ana, California 92701.

The Courthouse is open to the public, but you do have to go through a security check.

Thank you.

Great information. I would go ahead and also list the nearest federal court house’s address and information. The Defendants are going to quickly transfer this case to federal court.

[Michael B]

Originally Posted by Tyruscobb

Great information. I would go ahead and also list the nearest federal court house’s address and information. The Defendants are going to quickly transfer this case to federal court.

If this gets kicked to federal court then anyone can view the filings quite easily. They will all be on PACER (Public Access to Court Electronic Records). It is the site that contains information on all cases in the federal system - bankruptcy, civil and criminal. To use it you would need to register with a credit card. They charge 10¢ per search and the same per page if you look at a document. They just made the site more attractive by lowering the cost. If your searches are less than $30 per 3 month period they are free. If you have never searched a court database it can be quirky, but once you do it becomes very easy. I use it every day in my legal research work.

[BeanTown]

Not being an attorney, what would ballpark lawyer cost be for the plantiff and the defendant(s). Im sure there are two seperate amounts... Through jury trial or up to trial.

[nolemmings]

Originally Posted by BeanTown

Not being an attorney, what would ballpark lawyer cost be for the plantiff and the defendant(s). Im sure there are two seperate amounts... Through jury trial or up to trial.

Nearly impossible to say for now--too many parameters. Whatever the attorneys' fees, I am sure they will be reasonable.

[Snapolit1]

Originally Posted by nolemmings

Nearly impossible to say for now--too many parameters. Whatever the attorneys' fees, I am sure they will be reasonable.

Plaintiff's law firm could be doing on a contingency but not necessarily.

[conor912]

Geez. That introduction hold back no punches.

“Baseball-card collecting really ought to be extinct. It’s an analog hobby in a digital world, an expression of fandom in a sport whose attendance is in slow decline and whose cultural relevance is in free fall.”

[Brian Van Horn]

Have to wonder if eBay will be a defendant.

[Snapolit1]

Originally Posted by conor912

Geez. That introduction hold back no punches.

“Baseball-card collecting really ought to be extinct. It’s an analog hobby in a digital world, an expression of fandom in a sport whose attendance is in slow decline and whose cultural relevance is in free fall.”

Anyone who thinks baseball's cultural relevance is in free fall honestly has their head in their ass. Baseball is the one American sport talked about and debated endlessly. . . 12 months a year, 365 days a year. Baseball hall of fame debates all winter. Baseball cheating discussions all winter. Endless. Never stops. That's a silly point. Wait till the contract for Major league broadcasting is up for renewal. Someone will pony up billions.

[todeen]

Originally Posted by conor912

Geez. That introduction hold back no punches.

“Baseball-card collecting really ought to be extinct. It’s an analog hobby in a digital world, an expression of fandom in a sport whose attendance is in slow decline and whose cultural relevance is in free fall.”

I thought the same thing.

[irishdenny]

Originally Posted by conor912

Geez. That introduction hold back no punches.

“Baseball-card collecting really ought to be extinct. It’s an analog hobby in a digital world, an expression of fandom in a sport whose attendance is in slow decline and whose cultural relevance is in free fall.”

His Childhood Musta Really Sucked *

Board game weenie

[Touch'EmAll]

At the very least it puts a thorn in the side of these clowns. And maybe it pushes Pathetic Sports Authenticators more toward Professional Sports Authenticators.

[samosa4u]

79. Second, when a card is trimmed, it no longer fits perfectly into a PSA case. Trimmed cards can often be identified by a gap between the card and the edge of the case and they may even move within the case.

This has been discussed a lot on this forum. I was told many times that the PSA holders come in so many different sizes and any card that is loose inside its case doesn't mean it was trimmed.

[Tyruscobb]

Originally Posted by BeanTown

Not being an attorney, what would ballpark lawyer cost be for the plantiff and the defendant(s). Im sure there are two seperate amounts... Through jury trial or up to trial.

Plaintiff firms typically enter into contingency fee contracts with their clients. If the case settles before trial, 33% is the usual fee. It, however, normally increases to 40% if the case goes to trial.

The Defendants’ attorneys will bill per hour. The total fee is obviously the agreed upon hourly rate X the total hours. The defense attorney fees will likely equal hundreds of thousands of dollars.

I’m sure the Defendants have insurance, which will defend and indemnify them. This is what insurance does. However, most insurance policies exclude intentional torts. The insurance companies may defend under a reservation of rights. They could even bring forth a declaration action to determine whether there is any insurance coverage.