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Veronica Fuller v. Tupan's Superstores [10/20]

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*Justice Ross takes his seat on the bench, reading over the court documents and looking up to the Plaintiff's desk.*

 

"Miss Lawrence, have you served the Defendants notice of pending civil action?"

 

(( @JameZ ))

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** Iveanna Lawrence makes her way inside the courtroom, sitting at the plaintiff's desk accompanied by Veronica Fuller. **

 

"Indeed, your honor.

 

The defense was given a list of demands which they had to fulfill within twenty-four hours, and they failed to deliver. I have notified them to attend the hearing once the lawsuit was filed once again."

 

(( @Zebulon @Poikakukko123 ))

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"Before this court can proceed with judgement, seeing as the Defendant has failed to appear; the Plaintiff will be asked to walk this court through a full itemized breakdown of damages they are seeking compensation for, as for the moment, there is little tangible evidence to support the monetary amounts claimed in this suit." 

 

(( @JameZ ))

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"Very well. The receipts and documentation available here will prove around 30-40% of the aforementioned supplies, receipts for the rest of the supplies are sadly unavailable. Here they are, your honor."

 

** Iveanna Lawrence grabs ahold of the documents, handing them to the bailiff, who'd then hand it over to Justice Ross. **

 

"However it's worth mentioning that these supplies were originally for Ms. Fuller's original store, which sold electronic devices & furniture. We can not provide the rest of the items as Mr. Cunningham decided to act on his free will with them, and later sold them, which has been all proved in Exhibit 2, where we can clearly see an advertisement aired by himself, and later in the attached photo, we can see him selling the supplies to a buyer. Additionally, some of the total amount of supplies were obtained from Ms. Fuller's old properties and some were offered as part of those properties which Ms. Fuller previously owned."

 

 

"Furthermore, your honor.

 

The plaintiff would like to present additional evidence regarding the claims that were originally made, in this transcript will be the entire email conversation that occurred between the plaintiff and the defense before this lawsuit was filed."

 

** Iveanna Lawrence grabs ahold of another document, handing it the bailiff, who'd then hand it over to Justice Ross. **

 

"Your honor,

 

In the provided document, we can see the original requests which were made by us, and how they're all part of the actual contract which was poorly written by Mr. Cunningham in bad faith to defraud my client. Mr. Cunningham after a short argument still failed to comply to the requests, and did not provide any good argument to why he wouldn't meet the full demands.

 

We can also see in his response to demand #5, which I'll quote: 

 

5. "Ms. Fuller to be treated in a respectful manner by employer(s)." - Could be done something about it.

 

There is a clear admission of guilt here that Ms. Fuller was rather mistreated by her employers, which includes Mr. Cunningham, Mr. Carter and Mr. Anderson.

 

Furthermore, your honor. Mr. Cunningham is the commissioner of defense, someone at such a position would have no issue attending court to defend themself if such claims were false. Mr. Cunningham's failure to appear after having been warned twice about a lawsuit being filed, only shows his lack of care and empathy.

 

The plaintiff also believes that Ms. Fuller should be additionally awarded compensation for her loss of time and deserved revenue which has been all taken away due to this entire situation."

 

(( @Zebulon @Poikakukko123 ))

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"Alright... Well this court will still need some idea of the itemized value of said supplies et cetera. For that reason, this court shall be issuing a Subpoena for Mister Cunningham's appearance, which you may serve him with Miss Lawrence."

 

Spoiler

ybpo8xbw

SUPERIOR COURT OF SAN ANDREAS

 

 


 

Subpoena Duces Tectum

ORDER TO ATTEND COURT OR PROVIDE DOCUMENTS

 

Court of San Andreas, District of Los Santos

 

Subpart 1. Summary.

 

Dear Martin Cunningham,

 

This is a formal notification of request to attend, provide information to, or perform actions pertaining to an ongoing criminal or civil investigation. You are asked to perform the items checked below in an expedient and effective manner.

 

 - Attend the hearing and bring all items checked in below.

 

Subpart 2. Listed Items.

 

Item 1.

itemized list of supplies for sale on Oct. 19, 2018, totaling 11023.11 poundage (5,000kg).

 

Item 2.

Financial assessment of Tupan's Superstore, including income reports since forming.

 

Subpart 3. Magistrate Signature.

ASSOCIATE JUSTICE CHARLES ROSS

 

You are asked to complete this request within seventy-two (72) hours. Please be reminded, failure to properly respond to subpoena will result in being held in contempt of court.

 

(( @BremboBG @JameZ @Poikakukko123 @Brazzers ))

 

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**Leon Carter would slowly enter the room as he'd walk towards the seats, before picking a seat and sitting down as he places the documentation infront of him**

Edited by Brazzers

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"With all due respect, your honor, I would like to question if possible, how is there a demanding of a refund of stock that has not prove of it's existеnce. Along that seeking to add that there is no inventory list of the items. Even the people demanding for a refund are not having that." 

**Martin Cunningham speaks as he sorts out the documentation in front of him, getting most of it's part handed to the Bailiff**

((https://imgur.com/a/1bI2CwO))
 

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"Objection, your honor.

 

Making such a statement is absurdly silly, if the defense claims that the stock is inexistent, then can they explain how they acquired it and why they didn't give a reasonable amount of time for Ms. Fuller to acquire her personal belongings?

 

Furthermore, the defense is trying to deceive the court here as they were already aware of the supplies existing. If we review the contract, part of it states and I'll quote:

Tupan's Superstore offers you the sharehold of 35 percent if the company succeeds and holds solid profit to purchase the current stock in possession of Veronica Fuller for the purposes of re-branding it under Tupan's Superstore

 

It can be easily understood that Mr. Cunningham knew Ms. Fuller had such supplies in possession and we can also understand that he had intention to take these supplies, regardless of the way.

 

Does the defense have any explanation to how they acquired the 5000kilograms worth of supplies? Is there any receipt they can provide? And why was the sale directly made after the plaintiff emailed them regarding the contract? I will play Exhibit 2 once again here and I can not see any other logical explanation other to what has been mentioned in the narrative."

 

(( @Zebulon @BremboBG - Please tag us next time so we get notified. ))

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"Where is the receipt of Miss Fuller if I could ask? Why is it not possible for me to gather the materials and items in other ways too and another question is if this is the only 5000kg of stock in town. On top of all, all the shops are fully stocked, leading to the lack of need of more inventory"

(( @Zebulon@JameZ))

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"Mister Cunningham, the Plaintiff submitted a selection of inventory invoices privately. I will ask them to share them with you now so that we may assess these claims further."

 

(( @JameZ @BremboBG ))

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"Documents have been shared as requested, your honor. However we still have remaining unanswered questions which the defense failed to address.

 

If such supplies don't exist as they claim, then can they explain how they acquired the supplies originally? Are there invoices that can prove ownership of said supplies?

 

Furthermore, the plaintiff would like to motion for a subpoena.

 

ybpo8xbw

SUPERIOR COURT OF SAN ANDREAS

 

 


 

Subpoena Duces Tectum

ORDER TO ATTEND COURT OR PROVIDE DOCUMENTS

 

Court of San Andreas, District of Los Santos

 

Subpart 1. Summary.

 

Dear Martin Cunningham,

 

This is a formal notification of request to attend, provide information to, or perform actions pertaining to an ongoing criminal or civil investigation. You are asked to perform the items checked below in an expedient and effective manner.

 

 - Provide a copy of these items to court.

 

Subpart 2. Listed Items.

 

Item 1.

CCTV footage of Veronica's Local Store Storage - (18th of Oct 2018 until the 20th of Oct 2018)

 

Item 2.

N/A.

 

Subpart 3. Magistrate Signature.

(( Fill this in when a judge signs off on the subpoena with the judge's name before you send it to the recipient. ))

 

You are asked to complete this request within seventy-two (72) hours. Please be reminded, failure to properly respond to subpoena will result in being held in contempt of court.

 

(( @Zebulon @BremboBG ))

 

Edited by JameZ
Typo

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"With all due respect your honor, there are no grounds on the askings given as of now. The total value of the purchased valuables shown in the private information given is not going over 160 thousands. And overall as stated before not only Miss Fuller is purchasing stock from internet or finding it in town."

 

(( @Zebulon , @JameZ ))

Edited by BremboBG

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"Mister Cunningham are you denying the claim that Miss Fuller had purchased the listed amounts of product for inventory purposes, operating under Tupan's superstore, and that they were then sold by you at a later date?"

 

(( @BremboBG @JameZ ))

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* Martin Zackary enters the courtroom and sits beside Cunningham. He nods at the justice then politely speaks. *

"Hello, your honor. I'll be representing mister Cunningham from this point forward."

 

* Martin takes a few moments as he removes a note from his briefcase. He looks at it as he talks. *

"Your honor, I'm holding an image of the contract that Miss Fuller has signed on the 18th of October. In the contract it says, 'you shall agree to give in all storage containers and their valuables under the name of Tupan's Superstore management team'.

 

When the supplies were sold, your honor, they did not belong to miss Fuller. Tupan's Superstore were operating in their legal capacity, as the storage containers' valuables, being the supplies, were held by Tupan's Superstore management team."

 

"As for the attempt for re-acquiring the property for 'breach of contract', the contract was signed two days before this case was petitioned to this court. The plaintiff has never waited the fourteen days, instead, the plaintiff simply expected, out of paranoia, that the contract would never be fulfilled."

 

(( @JameZ @Zebulon ))

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** Iveanna Lawrence heaves a small sigh in disbelief as Martin finishes speaking, addressing Justice Ross. **

 

"Indeed, your honor.

 

The contract in question does not specify which storage containers that are to be given to Mr. Cunningham's control, and this is all due to his mistake in poorly writing the contract. 

 

Additionally, we sent Mr. Cunningham a list of bullet-ins which are part of the contract, which you've been given your honor, and Mr. Cunningham failed to fully abide by them after we threatened with a lawsuit twice. The fourteen days period is for the revenue, however the contract has already been broken when Mr. Cunningham failed to fully abide by it, and when he closed down the store to refrain my client from getting her revenue as per the conditions of the contract."

 

(( @Zebulon @maramizo ))

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"Your honor, the store belongs to Tupan's Superstores. The defense was in their capacity to lock, unlock, or even order the plaintiff to leave the perimeter. Unless if the plaintiff can specifically state as to how the contract was breached on mister Cunningham's part, then it hasn't. Also note that the contract had clearly stated that if the company is not shut down within fourteen days, she would then be entitled to 35% of the profit. The plaintiff had no right to be in the store as the fourteen days had not yet passed. I'm quoting miss Lawrence's original claim pursuing this court; 'The contract disallowed miss Fuller from receiving her share, since it requires the business to be successful for atleast 14 days."

 

"That is the plaintiff's attorney's statement. It shows how clear the contract is, that the plaintiff should not and could not attempt to legally pursue revenues or profits under fourteen days. The store, belonging to Tupan's Superstores, even after the fourteen days, could still be locked as it is owned by Tupan's Superstores, and not the plaintiff. The plaintiff could simply ask, after the fourteen days are over, for the profit from the defense. Instead, the plaintiff, wishing for a change of heart, to attempt to defraud a legally operating business in order to re-acquire non-refundable assets traded for shares."

 

(( @Zebulon @JameZ ))

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