Why Don't We Get Sued? Because...

Why aren't we being sued? Because...from Krubinski vs Schmutzer-"truth is a complete defense against liability for defamation, regardless of bad faith or malicious purpose."

Monday, November 17, 2014

DeckTech Responds to Civil Suit-Is Their Defense Weak or Their Reply Deliberately Vague? You Decide...

DeckTech Inc Retains Big City Attorneys Ericksen Arbuthnot From San Jose
License Revocation or Suspension & Lots of Money at Stake

Filed on November 6th, the answer filed in San Luis Obispo Superior Court  by DeckTech Inc of Grover Beach is 8 pages of convoluted vagueness alternating with laying blame on everyone else involved. 

Deck Tech's answer to a civil suit filed in San Luis Obispo Superior Court
The answer from Decktech's big city attorneys is only 7 pages long.
Deliberately short or not much to defend? 
DeckTech Inc of Grover Beach has retained a firm located in San Jose CA to defend it in a civil suit brought against them last month. Van Ryan Reyes and Felecia Jafferies of ERICKSEN ARBUTHNOT's San Jose division are defending DeckTech against a number of complaints brought by a Moro Bay litigant.


Decktech's responses are all over the map, ranging from denying everything to blaming the plaintiff and accusing him oh of having "unclean hands" to throwing his subs under the bus and blaming them for everything. While subs may have a responsibility that can be funds can be recovered from, DeckTech as General contractor generally bears the responsibility to oversee the job and ensure that it's been done properly.

Of course it's DeckTech's attorneys job to make every excuse in the book and see what shit sticks to the wall...speaking of wall, we'd love to have been a fly on when Ron McKenna sat with his legal team as they laid out the costs...just to see his eyes bug out on the hourly rates of a high powered firm. But (I know, don't start a sentence with but) Ron McKenna has a LOT TO LOSE...his license, a lot of money, the company, his reputation or what's left of it after the suit winds its way through court...

DeckTech's defense appears more to blame the victim than anything else. They deny that taking a deposit was in violation of the civil code...seems a downright laughable defense in light of the plain language of the code and the language in the contract of DeckTech's.

CLICK HERE TO READ THE COMPLAINT  Read the DeckTech contract and you decide....

So tell us what you think readers, does DeckTech Inc really have a leg to stand on? Do they think paying a high priced firm will get them the defense they need to beat such charges? Don't forget readers that the attorney general's ofice has been referred to take legal action against them to by CSLB, an action that could result in the suspension or revocation of DeckTech's license.

Now readers, the next question to ask yourself, especially if you are considering hiring DeckTech, is, do I want to help pay for their defense of what looks like egregious violations, or do I want to pay a contractor who doesn't have such serious charges against them? Only you can answer that but I know my answer....