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  4. Cotton & Western Mining Inc. (CWRN) Message Board

"Re the California case, it looks to me like CWRN

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Post# of 8059
Posted On: 04/26/2013 2:31:22 PM
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Posted By: microcaps
Re: O-cat #3716

"Re the California case, it looks to me like CWRN only obtained the entry of default.  That's not the same as a default judgment, but it is the initial step in that direction.  After the entry of a default against a defendant, the plaintiff then usually has to file paperwork and appear at an abbreviated hearing to "prove up" the right to a default judgment.


It looks like there may be a motion scheduled for June 7 in the California case.  That could be the motion seeking a default judgment or it could be some other motion or automatic date.  I just can't tell from the court's website."


I dont know whether there has already been an order to compel Geo to provide docs in Ca case-havent seen one- I dont have either of the particular credit cars necessary to buy/download the court docs --but something is scheduled for June 7 in Ca case-if Geo has and thus continued to refuse to supply docs, June 7 could be an ex parte determination of damages by the judge followed by the default judgment.


You're right-I was abbreviating too much for sake of shortening my response-but I did spell it out in in previous forays-since the entry of default did not specify particular damages itself-see post 3688 I think etc- another step is needed to determine the amount of damages-which would normally be determined w aid of discovery -Geo being compelled to provide accounting docs etc-though the complaint was as specific as it could be in the absence of the accounting docs held by Geo that CWRN and the court need to determine these things. And if Geo refuses to provide acct docs as it has done so far....


Neither Geo nor CWRN have assets or apparently operations in the states where they are defendants but Geo apparently signed the JVA etc in San Diego etc and the JVA's repeatedly say California is the jurisdiction re any disputes re the JVA etc


I know there are rare high stakes stunts Geos lawyers could possibly pull but I can see no logical reason why Geo would fail to appear when the CA court has personal and subject matter jurisdiction over Geo et al and the subject matter/JVA


If they have a procedural complaint e.g the the obvious solution is to argue the same before the court-esp as courts almost never reverse themselves and an appellate court would only reverse basically if the trial court was arbitrary and capricious-and by failing to appear Geo is losing opportunities.



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