Members chittypantz Posted May 10, 2007 Members Share Posted May 10, 2007 I was under the impression that those default filings by Zakk's attorney was meaning that 357 wasn't responding and therefore they were seeking a default judgement as a result. That's what I thought too. It looks from the docket like he already filed for a default judgment once, it was declined (probably for failure to properly serve the defendant) and he again requested a default later, including an affidavit in support. Having already requested a default, I don't understand why the case would be dismissed for failure to file for a default. I don't see any action on the docket by the defendant, which led me to believe that the current status was a default judgment pending against 357 in Zakk's favor. But then again, I don't know anything about this court's procedures. Link to comment Share on other sites More sharing options...
Members Cheese Grits Posted May 10, 2007 Members Share Posted May 10, 2007 That's what I thought too. It looks from the docket like he already filed for a default judgment once, it was declined (probably for failure to properly serve the defendant) and he again requested a default later, including an affidavit in support. Having already requested a default, I don't understand why the case would be dismissed for failure to file for a default. I don't see any action on the docket by the defendant, which led me to believe that the current status was a default judgment pending against 357 in Zakk's favor. But then again, I don't know anything about this court's procedures. Default judgment is a two part process. First, if a defendant fails to answer the lawsuit on time, the defendant is automatically in "default". Then, the plaintiff has to move for "default judgment", which means that the plaintiff has to convince the court that the factual allegations of its Complaint state a proper claim for damages against the defendant. This can be more or less complicated depending on whether the Complaint alleges fraud, which requires the Complaint to contain lots of particular allegations. Problems could arise if the Court determines that there was some jurisdictional defect or that service of process was never completed. Here, it looks like 357 just folded up and disappeared. Most states have a specific procedure for serving a corporation like that, generally through the state Secretary of State. I don't know why this would be the big hangup if Zakk really intends to collect the judgment. The more likely scenario is this: Zakk's attorneys know that 357 and its former owners have no assets, and there is nothing to be gained from spending time a money chasing an empty pocket. Why throw good money after bad? The real interesting lawsuit would be a suit alleging conspiracy, fraud and racketeering against Zakk, but these suits are expensive, time consuming, complicated and fraught with legal pitfalls for plaintiffs. They are not for the faint of heart or for plaintiffs without the budget to fund the litigation. Zakk will probably just "get away with it", assuming there is anything to "get away with" in the first place. Link to comment Share on other sites More sharing options...
Members chittypantz Posted May 10, 2007 Members Share Posted May 10, 2007 Default judgment is a two part process. First, if a defendant fails to answer the lawsuit on time, the defendant is automatically in "default". Then, the plaintiff has to move for "default judgment", which means that the plaintiff has to convince the court that the factual allegations of its Complaint state a proper claim for damages against the defendant. This can be more or less complicated depending on whether the Complaint alleges fraud, which requires the Complaint to contain lots of particular allegations. Problems could arise if the Court determines that there was some jurisdictional defect or that service of process was never completed. Here, it looks like 357 just folded up and disappeared. Most states have a specific procedure for serving a corporation like that, generally through the state Secretary of State. I don't know why this would be the big hangup if Zakk really intends to collect the judgment. The more likely scenario is this: Zakk's attorneys know that 357 and its former owners have no assets, and there is nothing to be gained from spending time a money chasing an empty pocket. Why throw good money after bad?The real interesting lawsuit would be a suit alleging conspiracy, fraud and racketeering against Zakk, but these suits are expensive, time consuming, complicated and fraught with legal pitfalls for plaintiffs. They are not for the faint of heart or for plaintiffs without the budget to fund the litigation.Zakk will probably just "get away with it", assuming there is anything to "get away with" in the first place. I see. I guess what I didn't understand is why, if 357 is already in default, they don't go through with motion for default judgment which I can't imagine would be that time or labor-intensive. If 357 has no assets it makes sense why he wouldn't pursue it then, even if it is just the small matter of establishing that he's stated a claim. Link to comment Share on other sites More sharing options...
Members Cheese Grits Posted May 10, 2007 Members Share Posted May 10, 2007 I see. I guess what I didn't understand is why, if 357 is already in default, they don't go through with motion for default judgment which I can't imagine would be that time or labor-intensive. If 357 has no assets it makes sense why he wouldn't pursue it then, even if it is just the small matter of establishing that he's stated a claim. It would be an easier question to answer if a copy of the Complaint was available somewhere. Also, isn't 375 supposed to be a Tennessee corporation? Link to comment Share on other sites More sharing options...
Members Hsjpatman Posted May 10, 2007 Members Share Posted May 10, 2007 Nah. Just wondering why people waste bandwidth on stupid {censored} that doesn't have anything to do with anytihng. What irony. Link to comment Share on other sites More sharing options...
Members chittypantz Posted May 10, 2007 Members Share Posted May 10, 2007 It would be an easier question to answer if a copy of the Complaint was available somewhere. Also, isn't 375 supposed to be a Tennessee corporation? Maybe. I'm not sure. If so, even if 357 has assets Zakk may have to fight a collateral attack on the judgment in TN if he tries to collect? Maybe 357 decided it would be cheaper & easier to let Zakk get his judgment in Cal and then fight personal jurisdiction in TN? Who knows. A copy of the complaint would make the speculation easier. If I recall, a .pdf copy of the complaint was floating around when it was filed, but I can't find the thread now. I think I saw it on HCAF. I guess the other problem for Zakk might be proving his damages, which could be a pretty onerous burden where he's claiming injury to his rep, etc. -- more reason not to pursue the default judgment unless he thinks he can collect. Link to comment Share on other sites More sharing options...
Members brewgoodbeer Posted May 10, 2007 Members Share Posted May 10, 2007 There was a Lawyer someone got (forget who) that was willing to take the case on a Class Action, but he wanted more than most people lost up front plus you would be liable for any expenses incurred,etc. That was the best "Lawyer" Deal anyone found. Most who DID contact Lawyers were told it wasn't worth it. That is why I said air it in the media. It will not cost anything, be far more satisfying, and you just might make someone come forward to make good. I am sure that Epi does not want to be linked to this thing. However by the fact that the guitar in question was an Epi Zakk Wilde, they will be dragged in. That could be all the clout you need to get Zakky-poo to the table. Link to comment Share on other sites More sharing options...
Members BigBone Posted May 10, 2007 Members Share Posted May 10, 2007 Maybe. I'm not sure. If so, even if 357 has assets Zakk may have to fight a collateral attack on the judgment in TN if he tries to collect? Maybe 357 decided it would be cheaper & easier to let Zakk get his judgment in Cal and then fight personal jurisdiction in TN? Who knows. A copy of the complaint would make the speculation easier. If I recall, a .pdf copy of the complaint was floating around when it was filed, but I can't find the thread now. I think I saw it on HCAF.I guess the other problem for Zakk might be proving his damages, which could be a pretty onerous burden where he's claiming injury to his rep, etc. -- more reason not to pursue the default judgment unless he thinks he can collect. It's a convoluted mess for sure. 357 was registered in Florida, they moved to TN but I don't think they ever registered there, there was early on something about them registering in Calif but I can't find any of this now. To add to this all the People in 357 Customs were close to Zakk, his past Tour Mgr Tim Bolin who also was a Gibson employee. Daniel who was Zakk's close friend and even dressed up like Zakk and appeared in Zakk's Music Videos. Then there was the suggestion by Chad (credibility) who worked for Zakk for several years as a webmaster and Photogropher that Zakk and him were both "in the money" with 357 Customs. I have had suspicion that no persons were individually named because of the possibility that Members of Zakk's Management and even Family may have been "in the money" with 357 though that is only speculation. We'll have to wait and see. I do hope to be wrong. Link to comment Share on other sites More sharing options...
Members BigBone Posted May 10, 2007 Members Share Posted May 10, 2007 That is why I said air it in the media. It will not cost anything, be far more satisfying, and you just might make someone come forward to make good. I am sure that Epi does not want to be linked to this thing. However by the fact that the guitar in question was an Epi Zakk Wilde, they will be dragged in. That could be all the clout you need to get Zakky-poo to the table. It's been on a few sites, just do a search and a lot of stuff will come up. The Orlando Sentinel did a piece on it and made Daniel baugess look like the good guy because they called him. There was a concerted effort to get some media outlet or Guitar Mag to pick it up but other than indicated, no one would touch it. Also,the Brentwoon Tn Police didn't do anything to Daniel as far as I know and oddly there was a poster who claimed to be a Police Officer from the Brentwood Police Dept at the old ZW board Defending Daniel/ 357, and ZAKK. He claimed to be "friends" with all of them including Zakk. Link to comment Share on other sites More sharing options...
Members Hsjpatman Posted May 10, 2007 Members Share Posted May 10, 2007 Oh the Irony... doh....beat me to it.I guess I should read all the posts before replying.Aw shucks....now I wasted a bunch of bandwidth...I feel so guilty Link to comment Share on other sites More sharing options...
Members Burgess Posted May 10, 2007 Members Share Posted May 10, 2007 lots of people bought in bulk in anticipation of dumping the guitars on ebayGreed.That's how all good scams work, they play on the greed of the mark. Link to comment Share on other sites More sharing options...
Members Burgess Posted May 10, 2007 Members Share Posted May 10, 2007 sounds like them not wanting to take your credit card was a big red flag. so were you getting a guitar with every purchase of a toy bike or something like that?HUGE red flag. That was actually the second red flag. The first was that old saying "If it sounds too good to be true, it probably is". Link to comment Share on other sites More sharing options...
Members Verne Andru Posted May 10, 2007 Members Share Posted May 10, 2007 Tomorrow is the day that Zakk Wylde proves once and for all to the world that he was completely full of {censored}. He is letting his lawsuit die, not following thru with it. Zakk's suit was complete BS as he did NOTHING and did not follow thru with it. Here are the court records below. Tomorrow this case will be dropped.http://www.lasuperiorcourt.org/civilCaseSummary/index.asp?CaseType=CivilCase Number: BC353738ZAKK WYLDE VS 357 CUSTOMS INCFiling Date: 06/14/2006Case Type: Intellectual Property (General Jurisdiction)Status: Pending--------------------------------------------------------------------------------Future Hearings 05/10/2007 at 08:45 am in department 14 at 111 North Hill Street, Los Angeles, CA 90012OSC-Failure to File Default Judg (*RECEIVED 3-19-07)--------------------------------------------------------------------------------Documents Filed | Proceeding InformationParties 357 CUSTOMS INC. - Defendant/RespondentDEIXLER BERT H. ESQ. - Attorney for Plaintiff/PetitionerWYLDE ZAKK - Plaintiff/Petitioner--------------------------------------------------------------------------------Documents Filed (Filing dates listed in descending order)04/27/2007 Notice of Continuance (OF OSC )Filed by Attorney for Pltf/Petnr04/25/2007 Notice of ContinuanceFiled by Clerk03/19/2007 Declaration (OF TRAVIS P. BRENNAN IN SUPPORT OF PLTFS REQUEST FOR DEFAULT JUDGMENT BY COURT; )Filed by Attorney for Pltf/Petnr03/05/2007 Notice of Continuance (OF OSC )Filed by Attorney for Pltf/Petnr02/27/2007 Notice of ContinuanceFiled by Clerk02/26/2007 Notice (OF OSC )Filed by Attorney for Pltf/Petnr02/06/2007 OSC-Failure to File Default JudgFiled by Clerk09/19/2006 Request (FOR ENXTENSION OF TIME TO FILE APPLICATION FOR DEFAULT JUDGMENT )Filed by Attorney for Plaintiff/Petitioner09/12/2006 Request ( FOR EXTENSION OF TIME TO FILE APPLICATION FOR DEFAULT JUDGMENT; )Filed by Attorney for Pltf/Petnr08/08/2006 Default Entered (357 CUSTOMS, INC., A FLORIDA CORPORATION )Filed by Attorney for Pltf/Petnr08/07/2006 Miscellaneous-Other (AMENDED PROOF OF SERVICE OF SUMMONS )Filed by Attorney for Plaintiff/Petitioner07/25/2006 Request to Enter Default (IS REJECTED AS 357 #6.7.11.16. NEED NEW FORM 10 20.21.32. )Filed by Attorney for Pltf/Petnr06/26/2006 Proof of Service (RE SUMMONS AND COMPLAINT; )Filed by Attorney for Pltf/Petnr06/14/2006 Complaint-------------------------------------------------------------------------------- From what I'm seeing here, I'm not sure there's much more Zak can do. He filed a complaint, had it served on 357 who then refused to appear in court. Zak then got a default judgment and has been trying to enforce it ever since. It looks like 357 has skipped Dodge and can't be found. Each one of these entries represents court and attorney costs - between $1 and $5 each time his lawyer has to make an appearance. At some point you have to realize there isn't a whole lot that can be done other than keep throwing money at lawyers - good money after bad, as the saying goes. A lot of people got screwed, and I feel sorry for them, and Zak should not have let his name get associated with this crowd [as they have a history for doing this] but from these court filings he has done what the system allows him to do and I'm not sure what else you expect to happen. Link to comment Share on other sites More sharing options...
Members Burgess Posted May 10, 2007 Members Share Posted May 10, 2007 but from these court filings he has done what the system allows him to do and I'm not sure what else you expect to happen.This is where guys like Vito and Guido become useful... ...and forgive me for using the obvious stereotypical names but you get the point. Link to comment Share on other sites More sharing options...
Members OliverKlohzoff Posted May 11, 2007 Author Members Share Posted May 11, 2007 but from these court filings he has done what the system allows him to do and I'm not sure what else you expect to happen. Nope, you're reading it wrong. A default judgement is ready and waiting. All Zakk has to do is file for it. Instead of going ahead and getting judgment against 357 Customs, Zakk's attorneys have just "continued" the case for months, not filing for default judgement. Today, May10th, is/was the day the case will get tossed out of court and dismissed for "failure to file for default judgement". Zakk's lawsuit was as big a scam as the guitar promotions. He did nothing, didn't follow thru, let his good buddy Daniel/357 off scott free. Link to comment Share on other sites More sharing options...
Members Verne Andru Posted May 11, 2007 Members Share Posted May 11, 2007 So it is. Kinda strange, but then so is this whole mess. Link to comment Share on other sites More sharing options...
Members RockRocket Posted May 11, 2007 Members Share Posted May 11, 2007 bring the case to the media!!!!! Link to comment Share on other sites More sharing options...
Members V-Type Posted May 11, 2007 Members Share Posted May 11, 2007 Yeah I took a lot of heat on the amp forum and here when this to good to be true deal come out. I actually had seen Chad appear on other boards at the same time spamming at first then dropping his Web services and then his ties too the 357/Zakk guitar scam. He was a key player as well as Zakk and the proof is in the existing gripe threads and a few members also have captured the websites images for further proof of involvements. Zakk is a good guitarist but a douche person no big deal but too try scam your own bread and butter fan base is just nutz. More examples of how some of the rich folks screw the poor to become wealthier. Sound familiar? Link to comment Share on other sites More sharing options...
Members larry50 Posted May 11, 2007 Members Share Posted May 11, 2007 Well, being a lawyer in Los Angeles, here's how it works: 1. You file and serve the Complaint. 2. You must file a Proof of Service within 45 days of when the Complaint was filed or the court will call you in to explain why the complaint hasn't been served 3. If you serve the Complaint properly, the Defendant has 30 days to respond. 4. If no response is filed (which can included a challenge to how the complaint was served, known as a "motion to quash" service, then you must file a form called a Request for Entry of Default. The clerk will not file the document unless a Proof of Service is on file. 5. In any complex case, you must then file certain papers for what is known as a "prove-up" hearing. You must establish at least a prima facie case. 6. Once the Request for Entry of Default is filed, the court will set a deadline for you to file the #5 papers. This is called an "OSC re: Failure to File Default Judgment etc.". Most judges will continue this date at least once or twice if the lawyers ask. 7. All of the above means in this case that Zak's lawyers think they served the defendants and filed Proofs of Service. The scum bags blew it off, so Zak's lawyers filed a Request for Entry of Default, which couldn't be filed unless POS's were on file. Otherwise, the case wouldn't have progressed to a prove-up or default judgment review hearing. 8. This case (the Zak case) is assigned to Judge Alan Buckner in Dept. 14, who is a known ass-kicker on dates, but I have gotten continuances from him too. 9. Some default papers seemed to have been filed just before the hearing date, so there is no guarantee that Judge Buckner dismissed the case today. Check the Court's website in a day or two, and some additional order will appear. 10. I'm not so sure there isn't some type of valid class action claim against Zakk personally. There are cases where entertainers have been found liable for false advertising with respect to products they endorsed, either because they knew what they were saying was BS ("I use it every day:" etc) or because they recklessly didn't know. The individual claims may be low, but, say, if 900 people lost $900,, that's close a million right there, plus you get costs, attorneys fees and a shot at punitive damages. I don't know how big a potential class would be though. I'm not sure Zak would want that type of thing hanging over him and probably has the ability to settle. Just some thoughts. Hope the above helps. Link to comment Share on other sites More sharing options...
Members V-Type Posted May 11, 2007 Members Share Posted May 11, 2007 Well, being a lawyer in Los Angeles, here's how it works: 1. You file and serve the Complaint. 2. You must file a Proof of Service within 45 days of when the Complaint was filed or the court will call you in to explain why the complaint hasn't been served 3. If you serve the Complaint properly, the Defendant has 30 days to respond. 4. If no response is filed (which can included a challenge to how the complaint was served, known as a "motion to quash" service, then you must file a form called a Request for Entry of Default. The clerk will not file the document unless a Proof of Service is on file. 5. In any complex case, you must then file certain papers for what is known as a "prove-up" hearing. You must establish at least a prima facie case. 6. Once the Request for Entry of Default is filed, the court will set a deadline for you to file the #5 papers. This is called an "OSC re: Failure to File Default Judgment etc.". Most judges will continue this date at least once or twice if the lawyers ask. 7. All of the above means in this case that Zak's lawyers think they served the defendants and filed Proofs of Service. The scum bags blew it off, so Zak's lawyers filed a Request for Entry of Default, which couldn't be filed unless POS's were on file. Otherwise, the case wouldn't have progressed to a prove-up or default judgment review hearing. 8. This case (the Zak case) is assigned to Judge Alan Buckner in Dept. 14, who is a known ass-kicker on dates, but I have gotten continuances from him too. 9. Some default papers seemed to have been filed just before the hearing date, so there is no guarantee that Judge Buckner dismissed the case today. Check the Court's website in a day or two, and some additional order will appear. 10. I'm not so sure there isn't some type of valid class action claim against Zakk personally. There are cases where entertainers have been found liable for false advertising with respect to products they endorsed, either because they knew what they were saying was BS ("I use it every day:" etc) or because they recklessly didn't know. The individual claims may be low, but, say, if 900 people lost $900,, that's close a million right there, plus you get costs, attorneys fees and a shot at punitive damages. I don't know how big a potential class would be though. I'm not sure Zak would want that type of thing hanging over him and probably has the ability to settle. Just some thoughts. Hope the above helps. Damn Ive paid $500 to a lawyer for far less legal info than posted above. Well done. Link to comment Share on other sites More sharing options...
Members RockRocket Posted May 11, 2007 Members Share Posted May 11, 2007 ZW is not isolated, you can't scam the judge..Zakk was clearly in association for the scam Link to comment Share on other sites More sharing options...
Members larry50 Posted May 11, 2007 Members Share Posted May 11, 2007 Damn Ive paid $500 to a lawyer for far less legal info than posted above. Well done. Thanks. That'll be $500. Link to comment Share on other sites More sharing options...
Members BigBone Posted May 11, 2007 Members Share Posted May 11, 2007 Thanks. That'll be $500.You really are a lawyer. Link to comment Share on other sites More sharing options...
Members BigBone Posted January 2, 2008 Members Share Posted January 2, 2008 BC353738 05/08/2007 Request for Dismissal Filed by Attorney for Plaintiff/Petitioner :poke: Link to comment Share on other sites More sharing options...
Members Asmodaus Posted January 5, 2008 Members Share Posted January 5, 2008 Larry50, excellent advice. Millions $$$ were scammed out of people all over the world. A number of people got charge backs. I did not. I used a check not wanting them to have my credit card number and it bit me in the end. Zakk, Dyer, and other at BLS were involved in this total scam. I don't think Zakk saw any of the money but he did endorses 357 heavily. They were his 'BROTHERS'! I'm in on any class action suit. anyone can PM me about it. I'm in. Link to comment Share on other sites More sharing options...
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