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Lillybee

The People's Court

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2 hours ago, DoctorK said:

How many judges have we heard explain that a written contr5act cannot be modified by a subsequent verbal agreement?

I remember learning in my bus law that anything stated verbally prior or at same time of signing was inadmissible, but verbal changes after the fact may be.

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2 hours ago, DoctorK said:

How many judges have we heard explain that a written contr5act cannot be modified by a subsequent verbal agreement?

Disclaimer: I have absolutely no legal training.

However, a quick Google search brings up many links to proofs that written contracts can indeed be modified orally in many cases. Since this is small claims court and the parties involved are not expected to have legal expertise, maybe intent or state of mind would be considered by the judge.

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A Lemon Law for horses? That strains credibility, even with California's reputation for some inventive consumer protection laws. There is a very good chance she was just making it up.

I think that a verbal modification might be considered valid if both parties testify to their agreement to the same exact new terms. Which never happens in the cases heard in these court shows.

Edited by Florinaldo
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1 hour ago, Florinaldo said:

I think that a verbal modification might be considered valid if both parties testify to their agreement to the same exact new terms. Which never happens in the cases heard in these court shows.

Bingo! Very well stated! If the defendant had agreed she said what plaintiff alleged, there might have been some money returned. But her denial and the "as is" clause sunk plaintiff's case. I'm glad the poor horse wasn't euthanized and can enjoy his remaining days free of plaintiff's company.

Apparently California has a puppy lemon law, but not one for horses.

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1 hour ago, Broderbits said:

Bingo! Very well stated! If the defendant had agreed she said what plaintiff alleged, there might have been some money returned.

Any oral agreement is only as good as the other person admitting to it:)

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On 4/29/2019 at 5:43 PM, AngelaHunter said:

I was annoyed at the accident case. JM was way too kind to the pansy-assed, douchebag-haired, snowflake def, just because he's 18 or 19. He backed up into plaintiff's car in a parking lot but feels he needn't pay for the damage (even though he said he would) because plaintiff's car was in his blind spot! He works long hours at Chipotle! He was going into the Marines (wow, they're scraping the bottom of the barrel, aren't they?) He couldn't go into the Marines because he stabbed himself at Chipotle and needed 5 whole stitches! He's not sure now that he's going to join the Marines. Maybe he heard that they don't have any hairdressers to arrange his locks in his preferred douchebag style and he'll have to shave his head? JM seems to find all this BS crap sympathetic and cute, for some bizarre reason. He couldn't pay one cent to plaintiff due to his career commitments and he's only 19! Cry me a river.  How could anyone be so heartless as to expect him to pay for what he damaged? Plaintiff even offered to give him a 200$ discount on the cost of repairs, but now he wants the whole 1400$ because the little shit weaselled out of paying anything,  and he gets it. 

I'm way behind as usual, but I wanted to comment in general on MM's penchant for finding a lot of these young defendants cute.

This kid was young and acted very entitled, but he was well spoken and seemed to understand MM well. In another case I watched, the defendant was such a vile POS that stole a car and went to confront some woman and threatened the plaintiff. She's not "fixable." She's way too far gone down the road of degenerate.

But the kids who seem like they just need a push back on track, and have to face the music and pay their debts and learn a lesson, maybe she feels that's the best way to set them straight. I don't know.

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