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Topic: rod and reel got ripped off!  (Read 5486 times)

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For some basic info, http://www.courtinfo.ca.gov/selfhelp/smallclaims/scbasics.htm#paytofile.

Importantly, small claims fee schedule:

Amount of your claim:   Filing Fee
$0 to $1500           $30
$1500.01 to $5,000   $50
$5000.01 to $7,500   $75

You'll likely be out $30 before you even start searching for an address to serve this guy.  Then by some miracle you track him down through license plate, you'll have to draft a complaint and summons, then hire a process server (another $100?) to have him properly served. 

While you spend precious moments stewing over how you are going to stick it to this guy just for the principle of the matter, try envisioning the frustration that lies ahead in dealing with a legal process with which you are not familiar and the out of pocket expenses which you are sure to incur.  Then also realize you'll be appearing before a commissioner, i.e., a "subordinate judicial officer" who will be hearing the case, if you finally by some miracle get this guy's address and have him properly served.  And once you are finally in front of he commissioner, you have absolutely no guarantee you will prevail.   :smt011

Sorry that you lost your gear, but that's the situation you are now facing.  Everybody realizes that you are pissed and rightfully so.  Frankly i'm kind of surprised that you didn't go Samuel L. Jackson on his ass AND take the check!


dilbeck

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Martin, this might sound ridiculous but could he ask for compensation that covers replacing the rod and real and court fees?

I realize that this doesn't even begin to approach the headache and hassle, but it makes it a little more tolerable.

Michael



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If it's me, I'll try to find his contact information then either write him a letter or call to let him know my intention to file a claim in Small Claim court and offer him a chance to settle out-of-court.
"Life is not about waiting for the storms to pass...it's about learning how to dance in the rain."


FishFarmer

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Assuming small claims is too much of a hassle (maybe not?), it would seem reporting him to whatever authority (maybe even the DMV?) would be a good idea regardless. Like others have said, that was just plain reckless/dangerous. It's a shame to loose your gear, but it's very conceivable someone could have badly damaged with 100# braid and a fishing pole flying around like that. Kind of analogous to reporting drunk drivers.

Ben
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Andy1976

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Lucky bastards that lived centuries past and just settled things the old fashion way.  Good luck.  
« Last Edit: December 07, 2009, 07:33:35 PM by Andy1976 »
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pao

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Quote from: Mooch on December 06, 2009, 10:32:31 AM
IMO : another reason why boaters and all PWC should be liscensed  (just like car drivers)

Lincensing does not eliminate bad drivers.

True... but to get a license, you need to know your ABC's  :smt045 This will at least keep us a little safer.


I thinks this one will eventually become part of the law.   


mooch

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Quote from: Mooch on December 06, 2009, 10:32:31 AM
IMO : another reason why boaters and all PWC should be licensed  (just like car drivers)

Licensing does not eliminate bad drivers.

True... but to get a license, you need to know your ABC's  :smt045 This will at least keep us a little safer.


I thinks this one will eventually become part of the law.   



I hope so...and by doing so, maybe they can create a job "Water Law Enforcement". Then it's a win-win situation for everyone. Jobs are created and the waterways will be safe from the recklessness. At least that's what I'm hoping for :smt002

* I know Lake Del Valle could use some Law Enforcement...boaters there don't seem to follow the 10 mph speed limit :smt011


ex-kayaker

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Bro, the skipper that buzzed you in HMB is about as heavily licensed/experienced/monitored as they come and he still did what he did....a-holes will always be a-holes.  I'd be willing to bet that if this guy was licensed and sat through a boaters safety class he woulda still drove too close to the pier.  I don't believe for a second anyone will be a "little bit" safer, I think it'll just be another hoop to jump through and another tax on an already overtaxed citizenship.

what the heck does that plate say?     
..........agarcia is just an ex-kayaker


mooch

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I'd be willing to bet that if this guy was licensed and sat through a boaters safety class he woulda still drove too close to the pier.

Irresponsible boaters are brave (and most likely repeat offenders) because no one's out there to give 'em a ticket.

 License them and if they get caught or get reported for being reckless, they get issued a ticket...just like if you were driving and doing 55 mph on a school zone. Get my point brow :smt002

Again, this is just my opinion on the mater...don't get your panties bunched up :redmoon

Andy.....Sorry for the thread jack!
« Last Edit: December 07, 2009, 10:07:13 PM by Mooch »


Sin Coast

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That sucks. But I still haven't seen proof that the boater violated any laws. Most public piers have a regulation/ordinance/law/etc that indicates boaters must stay XXX feet away (for safety reasons). Hopefully Rio Vista has something like that. In which case, you can report the boater (w/his CF #s) to the proper authorities and he may be held responsible for violating this law. However, I doubt you will be compensated for the loss of a rod+reel due to the boater's carelessness, even if taken to claims court [unfortunately]. Hind sight is always 20-20, but you probably should've taken his 100 bucks AND taken solace in the idea that his prop is now fubar. 
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Fish Master1

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This happened twice to me @ the Santa Cruz Wharf but once it was A pigeon and the other was A sea gull....Stupid birds! :smt013..... :smt006....Now I tie my rod off with some rope...
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EWB

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what a tool....who pulls a boat with personal plate on an escalade....oh wait the same guy with a tribal tattoo, and a $100K boat going 60 mph down a slough.


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ex-kayaker

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same weenie who names his boat "blue dove"
..........agarcia is just an ex-kayaker


mickfish

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He has some bucks maybe Russian Mob or he owns this web site ttp://www.poctob.ru/
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e2g

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If small claims court is the same as when I went that route, you will find that winning and collected are two different things.  Unless the guy has a business with an open register, it can be really hard to collect.

Someone figure out if this guy is russian mob.  If not, everyone remember to lose bladder control around the blueDove trailer hitch.
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