Lawsuit: Adjourned Tesla v. Hamb_y

[MegaMinerM]

Tesla (Nightmare98765)
MegaMinerM

v.

Hamb_y

I. Description of Case
On March 29th Hamb_y went to Tesla to rent a Yellow Car for 2 Weeks. His Rental started on the same day. The Rental Expired on April 12th and has not returned the vehicle since (5 Weeks). After multiple warnings to return the vehicle Hamb_y has not returned the vehicle. In addition to that, he broke the terms of service to which he agreed to (Terms of Service + TOS Agreement below).

II. Parties
1. Tesla (Nightmare98765)
2. Hamb_y

III. Sequence of Events
1. Hamb_y rents a yellow car from tesla on March 29th
2. Rental expires on April 12th
3. Hamb_y doesn't return the vehicle after almost 5 weeks after the rental expired

IV. Claims for Relief
1. Tesla has not received the Car
2. Hamb_y has not paid for the 5 weeks he didn't return the vehicle in.
3. He didn't follow the Terms he agreed to
4. He hasn't returned the vehicle

V. Damages
1. 5 Weeks of Rental Fees: 100kr
2. Not Returning the vehicle for 5 weeks: 1000kr
3. Unpayed Rental: 400kr
4. Car Cost: 5250kr or the car back.
5. Legal Fees: 500kr

Ticket Transcript: https://tickettool.xyz/direct?url=h...75352151482200114/transcript-closed-0019.html

In advancing this form to the court, you acknowledge and concur with the rules of court which highlight the importance of honesty at all times. Moreover, you understand the punishments for breaking these rules and/or committing perjury and deception in the court.

 

[Cooleagles2005]

@Hamb_y is hereby summoned to the court to acknowledge the case. If the Defendant, @Hamb_y , does not acknowledge the case as a reply in 2 days, the case will close in the Plaintiff's favor.

Court is in Session

This case is presided by Judge Cooleagles Bear in mind to not reply to court cases unless summoned by the Judge!

Additionally, this is a reminder that I will be very stringent when it comes to the times granted and limiting extensions. Please be prepared to make responses when called to do so.

That is all,
Thank You

 

[Cooleagles2005]

Good Evening,

The Defendant's lawyer did approach me and spoke about why they could not respond within the 48 hours. I have decided to grant them a little leeway; however, my view on timing is and will be the same throughout the case.
They have been given until Saturday at 9 am EST, which is roughly 33-34 hours from now. If the response is not posted by then, I will rule on the case.

If either party has any questions or concerns, they are more than welcome to ask.
That is all,
Thank You

 

[IAmA_MoronXD]

Tesla (Nightmare98765)
MegaMinerM

v.

Hamb_y


I. Motion To Dismiss
The Defendant motions to dismiss the case, respectfully based off the following:
1. The Plaintiff’s Attorney shows no proof of them ever giving the car to Hamb_y they only show him sending a message requesting for the car in the discord.
2. The Plaintiff's Attorney never showed any proof that "The Mover Cell" is Hamb_y.
3. The Plaintiff never gave "The Mover Cell" a chance to say that he returned it closing the ticket before getting a response.

In advancing this form to the court, you acknowledge and concur with the rules of court which highlight the importance of honesty at all times. Moreover, you understand the punishments for breaking these rules and/or committing perjury and deception in the court.

 

[Cooleagles2005]

Good Evening,

The Plaintiff has 48 hours to post their response to the Motion To Dismiss if they choose. After the timeframe is up, I will make my ruling.

That is all,
Thank You

 

[MegaMinerM]

In The Distinguished Court of The Stratham Republic
REPLY TO MOTION TO DISMISS
Date: 23/05/22

Tesla
MegaMinerM

v.

Hamb_y I. Motion To Overrule the Motion To Dismiss The plaintiff motions to have the Motion to dismiss overruled, respectfully based off the following:
1. We had told him the Car had been left in the collection chest with his fuel, which he picked up but didn't return (proof of payment below). He also acknowledged that he had picked it up (proof below)
2. Proof that The Mover Cell is Hamb_y is below. Since he is nicknamed Hamb_y in the Main Bc Discord.
3. We didn't give Hamb_y a chance to say if he returned it because after around a month he hadn't answered our questions (see ticket log). We also checked the Collection Chest where he was meant to return it but the chest was empty.

I thank you for your time, your honour.

In advancing this form to the court, you acknowledge and concur with the rules of court which highlight the importance of honesty at all times. Moreover, you understand the punishments for breaking these rules and/or committing perjury and deception in the court.

 

[Cooleagles2005]

Good Evening,

The Motion To Dismiss is overruled as it presents no legitimate reason for the case to be dismissed. Everything argued by the Defense, more the first two than the last one, are almost basic "stipulations" or general facts that can be inferred from the contract/ticket transcript.

Seeing that the Motion has been overruled, the Court will be moving on to opening statements. The Plaintiff now has 48 hours to present their opening statement. Directly after they post their statement or the 48 hours expires, the Defense's 48 hours to post their opening statement will begin.

If there are any questions regarding such, please feel free to let me know.
That is all,
Thank You

 

[Cooleagles2005]

Good Evening,

Due to the forums shut down, the Plaintiff's 48 hours will restart. Everything, as mentioned prior, is the same.

If there are any questions please feel free to let me know.
That is all,
Thank You

 

[Cooleagles2005]

Good Morning,

As requested by the plaintiff, a 24 hour extension has been granted.

That is all,
Thank You

 

[Cooleagles2005]

Good Evening,

It appears the Plaintiff has not elected to respond; therefore, we will be moving on with the case. Understand, I am one who fully grasps the struggle of balancing the two worlds in which we all live; however, no additional notice was given for more time needed.

The Defense now has 48 hours to present their Opening Statement.

If anyone has any questions, feel free to ask.
That is all,
Thank You

 

[IAmA_MoronXD]

Good afternoon your honor, opposing counsel my name is IAmA_MoronXD and I’m representing my client Hamb_y in this case. This case is about speculation and perjury, the first point I would like to bring up is the fact that the plaintiff and the plaintiffs attorney pressured hamb_y into returning the car, hamb_y stated in the transcript that he is able to return the vehicle within a day despite this he did ask to extend the rent which the plaintiff and his attorney declined. This brings up so much room for speculation, MegaMinerM asked if hamb_y returned the car on may 15th these were the last messages, this shows MegaMinerM didn’t know if he returned the car and hamb_y did say days prior that he was going to return it. The ticket was closed without ever giving hamb_y a chance to say he returned it or not, this leaves room for speculation and the full story isn’t being shared. No one knows what happened and with this lack of info it was be obscured to charge my client. The second point I want to bring up is the fact that hamb_y could have already retuned the car, on May 14, 2022 2:31 AM and onwards hamb_y only asked about extending the rent and then curses when they say there going to sue him. Based on this hamb_y could have easily returned the car and was just asking to rent it again. This is unconfirmed because MegaMinerM closed the ticket un allowing us to have a clear view of what happened. My final point I would like to bring up is the fact that it was not shown that hamb_y ever actually received the car, people say things they don’t mean and the fact of the matter is my clients words are being used out of context. I would like to end this by saying there’s so many things that could have happen no one knows that truly happened. With so much speculations it would be insane to find my client guilty of these alleged actions.
Thank you for your time.

 

[Cooleagles2005]

Good Evening,

The Court thanks the Defense for their opening.

As per procedure, we will now be moving on to witness testimony. If either the plaintiff or defendant has witnesses for the court to hear, they are to make it known within 48 hours. There will be No Exceptions to this. If either party has no witnesses to bring forth, they are to reply by saying so.

If anyone has any questions, feel free to ask.
That is all,
Thank You

 

[MegaMinerM]

I would like to request @Nightmare98765 as a witness your Honor.

 

[Cooleagles2005]

Good Evening,

As the 48 hours has been reached earlier today, 3:07 PM EST precisely, I will not be accepting Nightmare98765 as a witness or any witnesses for that matter. We will now move on to Closing Arguments.

The Plaintiff is given 48 hours to deliver their closing statement. If they do not do so in that time, the court will move on to the Defense and no closing will be heard from the Plaintiff.

That is all,
Thank You

 

[Cooleagles2005]

Good Evening,

Seeing that the Plaintiff is way over their 48 hours and has elected to not present their closing arguments, the court will be moving on to the Defendant's closing arguments. The Defendant has 48 hours to present their closing arguments, if they do not within that time frame, their arguments will be ignored and the court will move to a verdict without hearing such.

That is all,
Thank You

 

[IAmA_MoronXD]

Good evening, your honor, opposing counsel. The plaintiff’s claims brings room for speculation and I hope you can see from my earlier statements that there is far to much speculation. The plaintiff is accusing my client of stealing the car since this is a crime it is only right that the burden of proof is beyond a reasonable doubt. The plaintiff and plaintiff’s attorney has not proved this as there is way to much speculation that we can’t know what really happened. Finally I would like to state that if we are unsure of what happened in a case like this for now and in the future it is not right to charge people like my client while this speculation exists.

Thank you for your time.

 

[Cooleagles2005]

Good Evening,

My apologies for the long waiting period, I've had to focus on some other things.
Nonetheless, let's get right into the verdict.

The Plaintiff:
The plaintiff has come to court today arguing the following points,
1. The Defendant violated a contract in which they were to return a rental car after 2 weeks of receiving it.

The Defense:
The Defense rebuts the Plaintiff's arguments through the following points,
1. The ticket was closed without ever giving the Defendant a chance to say whether or not they returned the vehicle.
2. The Defendant could have returned the car and simply wanted to rerent it.
3. There is no proof the Defendant ever received the car.

Verdict:
I am going to be ruling in favor of the Plaintiff.

To the Defense's arguments, there are a lot of "this could have happened", instead of this is what happened. Overall it creates an unclear picture of the argument and the Defendant's side of the situation. To the Defense's first point, yes, the ticket was closed before the Defendant ever got a chance to return the vehicle. However, they had checked the collection chest and there was no vehicle there. Moreover, not once did the Defense actually ever argue or show that they did return the car. They only mentioned it was a possibility, which doesn't add any real value in my opinion. Then to the second point, we have already established that they did not return the car so let's talk about the rerenting aspect of the argument. Understand that the car is not the Defendant's property, they are not obligated to rent it how they please. It appears the Defendant did ask for an extension; however, it was denied and that was the final say. Finally, the third point is just ridiculous, if the Defendant never received the car we wouldn't be here in court today. It is more than clear that when the Defendant talks about returning the car to the Plaintiff, they are admitting that they at some point received the said car.

Relief:
I ask the DoJ Minister @TedHastings_AC12 to see that the following is delivered to the Plaintiff,

1. The car to be returned or the equivalent of 5250kr.
2. 190kr for extra weeks of rental (April 12th to today).
3. 500kr for Legal Fees.

I have decided to not give points 2 and 3 of the original relief (1000kr for not returning the vehicle for 5 weeks and 400kr for the unpaid rental) as there is nothing in the terms that shows these additional charges exist. I have only decided to reward the car/price of the car, the additional days of rental, and legal fees.

I'd like to thank both parties for their patience and hard work in this case.
That is all,
Thank You

Court Adjourned

This case was presided by Judge Cooleagles