Lawsuit: Adjourned dygyee v. Bombaz2005 [2021] FCR 105

Status
Not open for further replies.
dygyee

dygyee

Wise elder
Construction & Transport Department
Supporter
Aventura Resident
Legal Eagle Popular in the Polls Change Maker 1st Anniversary
dygyee
dygyee
Building Inspector
Joined
Apr 6, 2021
Messages
914
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


dygyee
Plaintiff

v.

Bombaz2005
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows: I, dygyee, hired Bombaz2005 to design and construct an interior to my future apartment building on plot c-055. Bombaz2005, the defendant, said that he needed 2 weeks for the completion of this project. I, dygyee, gave the defendant a little over 3 weeks to complete the interior of the building. After the defendant's time to construct the interior was over, the defendant had only fully completed 1 out of 19 floors that he was supposed to complete.


I. PARTIES
1. dygyee
2. Bombaz2005
3. LazyTitan3310

II. FACTS
1. dygyee purchased plot c-055 from xerxesmc around 8/27/2021.
2. dygyee hired Bombaz2005 around 9/19/2021 for $30k to design and build the interior of the plot with only being told what needed to be on each floor i.e. 4 apartments or 2 offices etc..
3. Throughout the 3 weeks, I, dygyee, noticed little progress, and kept reminding Bombaz2005 of his deadline.
4. With about 1 week left, Bombaz2005 asked me, dygyee, if he could hire someone to help him.
5. I, dygyee, informed him that he could hire someone to help him, but he would still be responsible for what he originally agreed to complete.
6. Bombaz2005 hired LazyTitan3310, and I, dygyee, added him to the plot.
7. After a little bit more than 3 weeks, only 1 out of 19 floors that the defendant was supposed to build was complete.

III. CLAIMS FOR RELIEF
1. The defendant was paid $30k to complete something within a certain time period, and he didn't complete it, therefore he is in breach of contract.
2. Loss of profit due to the apartments and offices being unable to rent out to other users.

IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. $30,000 (The money that was in the contract between dygyee, and Bombaz2005)
2. $2,500 in potential lost profit.
3. $500 in legal fees.

List of witnesses:
1. Bombaz2005
2. LazyTitan3310

Evidence:
Exhibit 1-3 proof of contract, and further communication
Screenshot (78).png
Screenshot (79).png
Screenshot (82).png

Exhibit 4: Proof of payment.
IMG-4318.JPG

Exhibit: 5 Proof that Bombaz2005 and LazyTitan3310 were added to the plot.
Screenshot (73).png

Exhibit 6-7: Building interior at its current state.
Screenshot (75).png
Screenshot (77).png


By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 12th day of October, 2021
 
Courts.png

IN THE COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

The Defendant,
@Bombaz2005 , is required to appear before the court in the case of Dygyee v. Bombaz2005. Failure to appear within 48 hours of this summons will result in a default judgment in favor of the plaintiff.

I'd also like to remind both parties to be aware of the Court Rules and Procedures.​
 
Your honor, the Lovely Law Firm will be handling this case. I request 48 hours to get acquainted and develop an argument.
Screenshot (266).png
 
Objection your honor, on the grounds of a breach of procedure.

According to court procedure, the defendant has 48 hours to file a response to the complaint. Whether or not they choose to hire a lawyer or a law firm, does not change how much time the defendant has to file their response. Therefore the defendant shouldn't have an additional 48 hours to file their response.
 
Objection overruled, he has to appear before court like said in the writ of summons. The Defendant will receive a 48 hour extension but I ask to post the response as soon as possible.
 
IN THE COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO DISMISS

dygyee
Plaintiff

v.

Bombaz2 (The Lovely Law Firm representing)
Defendant

MOTION TO DISMISS
Defendant move that the complaint in this case be dismissed, and in support thereof, respectfully alleges:
1. The Plaintiff’s evidence establishes that the Plaintiff said “Ok does a maximum of 3 weeks sound good”, to which our client replied “Yeah that sounds fine”
2. Maxterpiece vs. Czar Chieg (Lawsuit: Adjourned - Maxterpiece vs. Czar_Chief [Case No. 04-2021-08]) establishes that a contract must have an offer and acceptance to be valid, and in this case, we need to ensure each part of the contract had an offer and acceptance, since they were given to our client individually.
3. “That sounds fine” is an agreement to continue negotiating, rather than acceptance.
4. Therefore, our client was under no obligation to complete the build within three weeks, which makes it clear this lawsuit is frivolous and must be dismissed.

DATED: This 16th day of October, 2021
 
IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT

RESPONSE TO THE MOTION TO DISMISS

1. When the defendant said "yeah that's fine," he agreed to that part of the terms which related to building time.
2. The defendant then continued with negations and ultimately agreed to all of the terms that were brought up during negotiations.
3. Even after reminded multiple times about his completion date, the defendant did not dispute that the building was supposed to be completed within the 3 weeks given.

With that being said, I believe that this motion to dismiss is frivolous, and was only used to further delay the defense's opening statement, which has already been delayed by an additional 48 hours.
 
Motion to dismiss is denied because it was filed too late and stripped of the record. Because punctuality lacked in this case I will only offer the defendant 24 hours to file his opening statement and 48 hours for the Plaintiff to present his after the Defendant presented his’.
 
IN THE COURT OF THE COMMONWEALTH OF REDMONT

OPENING STATEMENT

In this case, the Defence will prove that:

- The Defendant was under no obligation to complete the build within three weeks as that section of the contract was never accepted (Maxterpiece vs Czar Chief Lawsuit: Adjourned - Maxterpiece vs. Czar_Chief [Case No. 04-2021-08])

Even if the court finds this to not be the case, we will prove:
- The Plaintiff is not entitled to legal fees since he represented himself
- The Plaintiff is not entitled to lost profits
- The Plaintiff is not entitled to all of his direct damages, due to part of the work being completed
 
Sorry for the delay, I only just saw the time stamp on the previous message.
 
IN THE FEDERAL COURT OF THE COMMONWEALTH OF REDMONT

OPENING STATEMENT

Throughout the course of this case, you will clearly see that the defendant, Bombaz2005, accepted, and broke what was agreed upon in the contract.
You will also see that the defendant continually acknowledged the time limit in the contract, and didn't question any of the terms brought forth in the contract.
Finally you will see that nothing prevented the defendant from doing his job making him fully responsible for completing the interior of the building.

By the end of this case, it will be clear that I, the plaintiff, have passed the burden of proof. This means that I have proven that the claims for relief are more likely to have happened than not.
 
If you want to call any witnesses please list them within 48 hours
 
I would like to call
1. Bombaz2005, if he chooses to testify.
2. LazyTitan3310
3. Xerxesmc
 
Your honor, Bombaz is a party opponent. It would be a conflict of interest if the Plaintiff was allowed to direct examine his opponent.
 
Federal_Court.png

IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

@LazyTitan3310 and @xerxesmc are hereby summoned to the Federal Court of the Commonwealth of Redmont in Case No. 10-2021-13 as witnesses. Please familiarize yourself with the case as it stands at present. You will receive questions from the Plaintiff and may also be cross-examined.

I would ask that the Defence provides a list of all the questions they want answered by each witness in a single post. If some questions need to be withheld as they depend on answers given to earlier questions, that is also considered reasonable. When the Defence is ready, they may post questions to the witness.

I am hereby informing each witness to ensure they are aware of the provisions of the law of perjury and its severity. Giving knowingly false testimony is highly illegal. Witnesses are required to tell the truth in their testimonies, pursuant of the Perjury Act.

Once the witnesses have been questioned, the opposing party will have the opportunity to cross-examine.​
 
Wuutie said:
I would ask that the Defence provides a list of all the questions they want answered by each witness in a single post. If some questions need to be withheld as they depend on answers given to earlier questions, that is also considered reasonable. When the Defence is ready, they may post questions to the witness.
Click to expand...
I made a mistake, The plaintiff may list his questions first then the Defence after the witnesses answered.
 
To LazyTitan3310:
1: Were you hired by Bombaz2005 to work on the interior of plot C-055?
2: Were you added to the plot, and able to build without restrictions?
3: Did Bombaz2005 tell you anything about when it needed to be completed?
4: If the answer to question #3 was yes, what did he tell you?

To xerxesmc:
1: Did I buy plot C-055 from you near the end of August?
2: As the owner of the largest business on the server, and a role model for many new entrepreneurs, would you accept, and pay for an incomplete job?
 
Objection to the 2nd question for xerxesmc on the grounds of relevance. What xerxesmc would accept is not at issue in this case. The only defences we have mounted are that not all criteria for a contract were met, and that the damages are excessive. We have made no claims concerning what any person should or wouldn’t accept, as that is not required in this case.
 
Response to the objection:
The defense brought up in their opening statement that I, the plaintiff, am not entitled to all direct damages as part of the work was being completed. Considering the fact that I am trying to replicate xerxesmc's successful business model, it is important to know if xerxesmc would pay for a job that was barely touched and came nowhere close to being completed.
 
Again, whatever xerxesmc thinks is not relevant to what the plaintiff is entitled to in a court of law.
 
1. Yes, you did buy C-055 from me.

2. No I would not. I would be pretty upset.
 
Objection granted question 2 is ripped of the record.
 
@LazyTitan3310 you have 48 hours to respond on the questions or you will be found in contempt.
 
dygyee said:
To LazyTitan3310:
1: Were you hired by Bombaz2005 to work on the interior of plot C-055?
2: Were you added to the plot, and able to build without restrictions?
3: Did Bombaz2005 tell you anything about when it needed to be completed?
4: If the answer to question #3 was yes, what did he tell you?

To xerxesmc:
1: Did I buy plot C-055 from you near the end of August?
2: As the owner of the largest business on the server, and a role model for many new entrepreneurs, would you accept, and pay for an incomplete job?
Click to expand...
1: I was hired by bombaz2005 to build in the interior of plot c-055.
2: I was added to the plot and could build and break blocks.
3: Bombaz2005 did tell me there was a date it had to be completed by, but I don't remember when exactly that date was or where he told me.
 
Does the Defense want to ask questions to the witnesses?
 
Yes, Your Honour, I have a question for LazyTitan.

Given that you were hired by our client to complete the interior of the build, and believed that there was a time limit, why did you fail to do so?
 
Objection on the grounds of relevance:
This objection is for the question that the defense asked LazyTitan3310.
The deal that was made between Bombaz2005 and LazyTitan3310 is not important to this case as Bombaz2005 agreed that even if he hired someone to do the job, he himself was still responsible for the completion of the interior of the building (This can be seen in the photos of the contract with the rest of the evidence). If the defense believes that LazyTitan3310 is in beach of the contract that was created between the defendant and LazyTitan3310, they should file another lawsuit as a potential breach of a 3rd party contract has no place in this case.
 
The witnesses failure to keep promises shows a lack of honesty and poor character, which goes to the reliability of the witness, which is highly relevant to the weight given to his testimony by this Court.
 
I will grant the objection because:
1) This has nothing to do with this contract between the Defendant and the Plaintiff, this is a 3rd party and has no contractual relations with dygyee.
2) The essence of this case is if there was a contractual relationship and if there was, did the Defendant breach it?
3) If there was a breach of a contract and the Defendant gets sentenced, he can sue for breach of contract with the 3rd Party. This is not the lawsuit for this.
4) If the witness answers the question he may be criminalizing himself which is not fair because he is not involved in this lawsuit.
 
We will move on to the closing statements. I ask the Plaintiff to present his closing statement within 48 hours. When the Plaintiff posted his, the Defendant has 48 hours to present his closing statement. If you do not post it within the 48 hours I will move on without it. (This also means 1 hour too late)
 
Last edited:
Closing Statement:
Throughout this case, I, the plaintiff, have proven that the defendant, Bombaz2005, was responsible for the completion of the interior of the building of plot C-055. Furthermore, the court has heard through witness testimony that the defendant knew, and acknowledged to people he hired that there was a time limit to complete the building. The court has also seen and heard from evidence and witness testimony that both Bombaz2005, and the person he hired were able to build on plot C-055, and that there was nothing preventing either of them from completing this job.

Because this is a civil case and not a criminal case, in order for the plaintiff to pass the burden of proof, the claims for relief need to be more likely to have happened than not. This leads me into my next point. More likely than not, if the interior of the building was completed in the time that Bombaz2005 agreed to, I would have made profits from people renting out the apartments.

Overall, I believe that I, the plaintiff, have proven beyond my burden of proof that the defendant failed to abide by the contract that he agreed to which also caused a loss in profit.
 
Your Honour, I would like to request permission to enter some new testimony from my client. My client has previously been uncomfortable with providing evidence for why he could not complete the project for personal reasons, but is able to testify now. If ever there was a reason to allow new evidence in a closing statement, it would be evidence unavailable to lawyers until that point.
 

Attachments

  • 14B3152A-0D35-425F-B480-C4F481848C85.jpeg
    14B3152A-0D35-425F-B480-C4F481848C85.jpeg
    78.8 KB · Views: 162
New evidence can be brought but only new evidence! If you do bring new evidence the Plaintiff may respond on it as well.
 
Objection your honor on the grounds of breach of procedure and relevance.
1: Bringing new evidence into a case during the closing statement is a breach of procedure regardless of when the party trying to incorporate the new evidence received the evidence. Bringing in new evidence now would do 2 things. It would delay this case even more which the defense already did at the beginning of this case, and it would limit my ability to refute the new evidence.
2: The 2nd reason to not allow this new evidence is it’s relevance. Evidence as to why the defendant wasn’t on as frequently as he usually is isn’t relevant to this case as this case is a question as to whether or not the defendant is in breach of the contract he agreed to. I would also normally be fine with a delay if the defendant explained to me why he wasn’t able to get on, and told me how long of a delay was needed. However I contacted the defendant twice I believe, asking him if he needed more time and how much time he needed. One time I got no answer, the other time I got a very unclear answer.
 
Objection overruled
New evidence can show a new light on a case and must be taken into mind for the verdict. A delay and a good call is much better than short and a bad call.

I will give you the chance to react on it as well when they showed it and give you the chance to maybe present a new closing statement as well.
 
The plaintiff kindly requests a shorter than usual time limit to post the new evidence as they already have the evidence they need, and they don’t need to draft anything, as well as the fact that the plaintiff believes the defense has been trying to delay this case since the start.
 
The Defendant will have 48 hours to present the new evidence if they didn't do it in time. We will move on without it to the closing statement of the Defendant.
 
We would like to call our client, Bombaz2005. In the interests of brevity, I will include our question here.

Bombaz, why where you unable to complete the project?
 
Objection on the grounds of breach of procedure and improper evidence.
I have already tried calling Bombaz2005 to be a witness, and the defense rejected my offer to have Bombaz2005 testify. Therefore he is not allowed to testify for the defense either.
 
No procedure I am aware of establishes this, and the reason that we have changed our decision on whether our client should testify is he is more comfortable with discussing his personal situation. Regardless, the Plaintiff will still have a chance to cross-examine.
 
I will agree to revoke my my objection if and only if I may cross examine the witness as well as provide more evidence (In the form of an image and/or possibly another witness) to refute any new claims introduced by the defendant.
 
if the witness wants to appear before Court I will let him, but the Plaintiff may cross examine the witness and the chance to dispute the things said by the witness. Then we will move on to again closing statements. If the Defendant doesn’t agree, he must present his closing statement within 48 hours. If you agree the witness has 24 hours to respond.
 
Hi. I was unable to complete the project due to the passing of a family member of mine on the 25th of September, about a week after I started the project. After this event occurred, I lost a lot of motivation to do much; I became inactive on DC, and MC as a whole.
 
The Plaintiff may ask question now
 
Firstly, I would like to apologize for your loss.
Questions for Bombaz2005:

1. Where you aware that there was a time limit?

2. If you knew you had an IRL issue, why did you tell me that the building was going great and that you "planned on doing a lot soon" on 9/30 which was 5 days after the passing of your family member? (The following image supports the claim I made)
Screenshot (97).png


3. When I messaged you asking how long of an extension you needed, you replied "Don't know yet I'll let you know soon, and you never replied after that. Why didn't you tell me how long of an extension you needed so that I could have given it to you? (The following image supports the claim I made)
Screenshot (98).png


4. In the week before the passing of your family member, you completed 1 floor. This means that if you kept that rate up, you still would have completed 3 floors by the end of the 3 weeks even without a setback. Before the passing of your family member, was there a reason that you only completed 1 floor?

I would like to thank the defendant for being strong enough to share what he is going through irl, and would again like to say that I'm sorry for your loss.
 
Thank you.
My answers are as follows.

1. I was aware of the time limit, yes. I believe it was October 11th or 12th. Originally I believe the time limit was set for the 9th or 10th, but you gave me a small extension due to you asking me to stop working for a few days to work out a deal with someone, if I remember correctly.

2. I blindly assumed that I would have the weekend free to do whatever, which is why I said that I would get some floors done; I was hoping to make up for the previous week, but I got swamped with IRL work and APs.

3. I did not know how much time I would need as my personal life was all over the place at the time (sort of calming down right now, but I am not completely sure about that). Although I assumed that I would need an extension of a couple weeks, I did not want to say anything yet as that number was not a number I could say was permanent (meaning, it was not a number I was sure about).

4. I only completed one floor for a few reasons. Firstly, work, again. As a brief history: Work and AP work began picking up a day or two before I was assigned the project, but I managed to slow it down soon after to accommodate for both the project and other IRL matters. So, I squeezed in as much as I could, which was about a floor/floor and a half when I had the time, to get more IRL work done. I would like to remind you that this was before the passing of my family member. Secondly, and lastly, see the answer to question two; once again I was buried under school and AP work on top of the event mentioned in the previous sentence.
 
Status
Not open for further replies.
Back
Top