California Case Update

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maidos said:
but that time jelsoft was already being owned and controlled by ib so technically kier did work for IB?
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They may own it, but again, it complicates things. Unless vBulletin Solutions [in England] and Jelsoft merged together to create one entity.

So, yeah, iB cut corners and fumbled. Now I am VERY positive that xenForo wins this suit.
 
Anthony Parsons said:
I would rather hear from a lawyer to be perfectly honest, because mistakes don't make lawsuits just go away... this is civil proceedings, not criminal... where a mistake with logging evidence that would put someone behind bars is relevant vs. civil proceedings where people are being sued and paperwork is refiled, amended, etc.
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The fact that a non-existent corporation (VBSI, Delaware) has filed suit is grounds for the case to be dismissed. Of course it will (or at least we assume it will) be corrected and therefore that particular motion will be rejected, but mistakes of this nature in the complaint will cause the judge to question how much care and attention has been paid to the rest of the document, so it is certainly worth highlighting it to the court.
 
maidos said:
but that time jelsoft was already being owned and controlled by ib so technically kier did work for IB?
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The complaint does not claim that I worked for Internet Brands, it claims that I worked for vBulletin Solutions Inc. This is not possible, as VBSI was not incorporated until several months after I left Jelsoft.

Regardless, the only contract I ever signed was with Jelsoft, not Internet Brands. You can see the entire contract attached to the complaint.
 
But as I said before, even if Kier was hired by vBulletin Solutions Inc. in california, this suit doesn't have any merit because vBulletin Solutions Inc doesn't exist in England (as far as I know), rather JelSoft is the company he signed with in the first place.

Now, if iB was very careful in proceeds of acquisition of the entire fleet of business at Jelsoft - it would have been smart for them to merge Jelsoft and vBulletin Solutions Inc IN england. THEN Kier would have something to worry about. But all that is too late.
 
Kier is spot on here, these "so called small details" are important, many times lawsuits contain false claims that the plaintiff's law firm has no idea about, because they were supplied by the client with files that have grave mistakes within them and false claims.

The lawsuit I was a defendant in had false claims within that I pointed out in my own defense, the vendor sued me for about $12,000.00, they had billed me twice under two different company names for services they claim they provided (building ecommerce websites they never completed).

Once I pointed that out in my causes of action in a triple damages counter lawsuit, the company found their error and dropped the case against me without any ruling from the judge at all.

Being sued by a corporation that does not even exist gives one a chuckle, I know I am laughing my ass off as I type this post !!!
 
A RL punchup might be a good idea, Kier can use his badminton skillz to lay the smack down on Bully Brisco! :P
 
Kier said:
The fact that a non-existent corporation (VBSI, Delaware) has filed suit is grounds for the case to be dismissed. Of course it will (or at least we assume it will) be corrected and therefore that particular motion will be rejected, but mistakes of this nature in the complaint will cause the judge to question how much care and attention has been paid to the rest of the document, so it is certainly worth highlighting it to the court.
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It cannot be corrected :D it can be refiled ... but the current complaint is not worth the paper it's written on :D so it will be rejected no question about it.

however IB can refile again .. and hopefully and very possibly annoy the judge presiding ;)
 
maidos said:
but that time jelsoft was already being owned and controlled by ib so technically kier did work for IB?
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Just because another company buys the company you work for, you don't instantly work for the new owner. If the companies Merge then yes, you stop working for the old company and start working for a new one, but that wasn't the case. They simply bought Jelsoft, but Jelsoft continued to operate as normal, simply with a change of ownership.
 
I just think its silly nonetheless, that they tried the California route in the first place. I get they want to be painful, but seriously... if you have always resided in the UK and worked for them when they where UK based... common-sense must prevail at some point, to take up any BS with you in the UK, not try and take it across International borders. I see it as a sign of desperation to be perfectly honest... a last ditch effort to try and stop one serious threat from really knocking the crap out of VB itself... regardless of IB being the owner.
 
MGSteve said:
Just because another company buys the company you work for, you don't instantly work for the new owner. If the companies Merge then yes, you stop working for the old company and start working for a new one, but that wasn't the case. They simply bought Jelsoft, but Jelsoft continued to operate as normal, simply with a change of ownership.
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This echos what I said earlier. :)
 
It is not the name, the lawyers put the wrong state of incorporation on the lawsuit, vBulletin Solutions is Incorporated in California, not Delaware.

This just drags the case on even longer, look for it to last for a few years the way things work in the legal system now days.
 
AnthonyCea said:
It is not the name, the lawyers put the wrong state of incorporation on the lawsuit, vBulletin Solutions is Incorporated in California, not Delaware.
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I knew it was a mistake to post anything in these threads. :) I didn't mean it literally.
 
Sami, I knew you were joking, but other readers might not, so we want to make sure we are accurate, I had to correct myself earlier also.
 
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