Legal Question in Civil Litigation in California
Summons for copyright infringement out of state, pirated dvd sales over the internet. From research it appears others have been summoned at the same time for the same complaint. Demand for jury trial.
Do I contact the plaintiff attorneys myself to see what they want in terms of settlement? Is it better to fight this with an attorney, have them work on settlement, etc? What is the possible damages to be awarded? They list 10 infringing movies claimed to have been sold.
From research it appears other people in the past have not replied to summons and had default judgments awarded. Would appreciate any advice, definitely interested in more private consultation for a fee.
3 Answers from Attorneys
Do not contact or speak to the plaintiff's attorney. Especially do not take advice or believe anything said to you by the plaintiff's attorney. I defend these types of cases and, if you're guilty, I'll get you the best possible settlement. If you're not, let's fight it. Remember, you have to answer the complaint right away or suffer a possible default -- don't file anything yourself.
Plaintiff's attorney will not negotiate with you because he doesnt have to. He knows you dont know what to do and will get a judgment against you for the full amount. I do litigation defense. You need to answer the complaint in 20 or 30 days (depending on whether federal or state court) from when you were served or else you lose the case, and you will likely not be able to answer it properly on your own.
You may call me for a free consultation.
Daniel Bakondi, Esq.
415-450-0424
www.danielbakondi.com
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I recommend that you immediately consult with an intellectual property litigator (not a general business litigator). I specialize in civil appeals, but I work closely with one of the best intellectual property litigation firms in California. Please call my office and I will refer you to them.
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