Acme Property Appraisers
2629 Main St.
Swampville, CA 95863
(800) 555-1212

Tom Scumball
8479 Wall St. Penthouse 2
Manhattan, NY 38953

 

August 10, 2007

 

Re: Appraisal of property at Route 6, Swampville, CA 95863

 

Dear Mr. Scumball:

We have completed our review of your property and hereby provide you our findings and recommendations.

Our findings reveal your property is worthless because it is a toxic dumpsite from you operating a leather manufacturing plant, dumping the toxic chemicals into the soil.

My crew got blisters walking across the property, and my partner became sterile. Also, we lost one of crew, who fell into the sink hole under your home.

Further, the stucco on the home is barely holding the walls up because termites have eaten the studs.  

Additionally, there is the pack of wolves in the barn, refusing to leave, claiming rights by way of the pre-historic land-rights act of peeing to mark their terrain.

Also, the county’s transportation department says they are beginning their eminent domain action to take two acres of your property for a freeway and that the off ramp will be 50 feet from your home.

Albeit, the poltergeists in the home make any inspection impossible, so, we had to flee for our lives.

Our recommendation is to have the home condemned, and property declared worthless.  Clearly, the wolves would prevail in a Quiet Title action for ownership.  No one in his or her right mind would buy your place.

Sincerely,

Larry Isquivering
Acme Inspector / Appraiser

Scumball refused to rescind the sale of the home, or, return your money.  You have to be your own attorney to file a lawsuit against him.  You are the Plaintiff and Scumball is the Defendant.

You are thinking: I got a stack of causes of action against Scumball: Fraud, Misrepresentation, Unfair Business Practices, etc. 

What are your elements that a jury or judge has to consider to determine if Scumball committed the causes of action when he sold the home to you.

First Cause of Action:  Fraud


Element #1   - Defendant committed Fraud.



Facts Satisfying Element #1


1. Defendant created false and misleading information to fool Plaintiff to buy his property.  

2. Defendant misrepresented himself as the true owner of the property.   Defendant concealed the cloud on the title, by concealing the wolves’ claim of superior ownership rights from ancient peeing rights that marked the property as theirs.

3. Defendant concealed that the property qualified for the EPA’s most dangerous toxic cleanup site under its Superfund.  Defendant concealed his decades of leather operations on the property.

4.  Defendant concealed the home was built on an ancient burial ground and the poltergeist make the home unlivable.

5.  Defendant concealed the sink hole under the home, and concealed the body count from missing people.

6.  Defendant concealed the county's plans for a freeway along Plaintiff's property.


Keep listing each action, omission, or misrepresentation that constitutes fraud.



Evidence to Prove Element #1

1.  Magazine Ad representing home as good investment
2.  Contract
3.  Note
4.  Deed of Trust
5.  EPA report to Scumball
6.  News article about Wolves’ grievance with Scumball
7.  County letter to Scumball informing him of eminent domain action for freeway
8.  Testimony of alpha male wolf
9.   My testimony

Keep listing every document or testimony you can think of that supports your claim.

Element #2  - Plaintiff suffered financial loss and emotional damage.



Facts Satisfying Element #2

1.  Plaintiff has suffered financial damages of $--------

2.  Plaintiff cannot possibly sell the property and get back what she paid plus all the costs of litigations and toxic clean up. Plaintiff does not have true ownership of the property because the wolves filed a Quiet Title Action claiming superior rights to ownership by way of their ancestors.

2. County served Plaintiff with lawsuit for eminent domain action.  Wolves blaming Plaintiff have found a bleeding-heart-liberal attorney to sue Plaintiff, claiming she had a duty to fight the government's take-over of the property, and that she should have provided a new den for them on the property.

4. EPA filed lawsuit against Plaintiff to force her to clean the hazardous waste that is 12ft deep. 

5. Wolves picketing in front of property caused Plaintiff embarrassment and rejection by community who joined the wolves' protest calling Plaintiff a “nature hating city slicker.”

6.  The U.S. Bureau of Dams filed a lawsuit against Plaintiff accusing her of master minding the orchestrated efforts of the beavers to keep damning the river that flows through the south quarter of the property.

7.  The wolves and beavers filed lawsuit against Plaintiff suing her for emotional damage, trauma, and interference in their livelihood claiming she failed to stop the government from interfering in their lifestyle and prehistoric claim to the property and river.

8. Plaintiff has suffered emotional upheaval and trauma that has required years of counseling that cost $50,000.  Court forced Plaintiff to pay the $18,000 in counseling group sessions with the wolves and beavers to work through their trauma.

9.  Scumball refused to rescind sale and return all money.

Keep listing every action, omission, or misrepresentation that supports your claim.

Evidence Proving Element #2

1.  Lawsuits
2.  My testimony
3.  Wolves Testimony
4.  Beavers Testimony
5.  EPA documents and testimony
6.  Letter from Scumball telling Plaintiff he refuses to rescind sale and telling her she should have been smatter.

Keep listing every document or testimony you can think of that supports your claim.

Element #3 - Defendants' actions and omissions was a substantial factor in causing the harm.
 

Facts Satisfying Element #3


1. Defendant omitted this…
2. Defendant omitted that…
3. Defendant lied to the wolves and beavers
4. Defendant mislead Plaintiff
5. Defendant refused to rescind sale of property and return money.


So on and so on -------



Evidence Proving Element #3

1.  Medical Records
2.  Doctor’s testimony
3.  Beavers Testimony of being unable to build dams because of depression.
4.  Wolves testimony of depression made it impossible for them to hunt, so, they had to go on welfare.
5.  My testimony.
6.  Bank records.
7.  Promissory Note
8.  Deed of Trust
9.  Letters from Defendant assuring Plaintiff the property was flawless and would gain in value.
10. Letters from Scumball to Wolves and Beavers that a new owner had signed an agreement with him to honor their rights and protect them.

During the Lawsuit  - Years into the lawsuits, Canadian geese asked for and received standing in the lawsuits against Defendant. 

Because the beavers were too depressed to create wetlands from their dam efforts -- which was part of the Pacific Fly Zone -- the migrating geese were disoriented and landed in South America where they did not know the language or culture, so, they became traumatized and despondent. 

Natives of that region said the geese drove off tourists because they moped all day, sadly singing Blind Faith’s song “Can’t Find My Way Home.” 

This caused economic loss for the businesses.  Businesses and tourists joined the lawsuit against Defendant and a suit against Plaintiff.

The geese testified that when they circled Plaintiff's property looking for the missing wetlands, the beavers flipped them off.  The wolves testified that Plaintiff had incited the beavers.  

The court sanctioned Plaintiff, who went back into counseling, shaking her head in disbelief that even though she had evidence of the fraud, she was mired in endless litigation.

She was able to cope and keep moving forward because she had joined the WJFA support group.

The moral to this story:

When preparing for a lawsuit against Scumball, remember to factor in the domino effect.

Another reason Elements are crucial to your lawsuit

1.   When you conclude presenting your evidence to the judge or jury, you must prepare a set of jury instructions with those three elements, regardless of what is your cause of action – whether you have 1 or 20.

2.  Once your opponent's attorney has received your evidence and conducted the depositions, he/she uses the element formula to determine the strength and weaknesses of your case.

Sample of element work sheet.

Your local law library will have a set of books titled Jury Instructions, which contain sample elements.  These are beneficial and crucial to your success because they will have the language and guide tips.