Jump over here for more info: https://www.nachi.org/forum/f14/preparing-sue-creia-california-115296/
Interesting to see what their response will be.
I posted in the other thread.
If I were CREIA I would tell you to shove it. Until such time as you have a court order or actually file suit, you have no authority to demand any information from another organization.
The prelude to filing a lawsuit.
Still requires a court order…
Otherwise Pepsi could “require” Coke to supply information regarding the company info, etc. under the guise of a lawsuit. That won’t happen.
No you wouldn’t. It’s, easy to sound all tough from your computer.
If they are uncooperative, they could find themselves in the middle of a very expensive lawsuit. And then all of that information and more will be required to be produced in “discovery”. And it sounds like they can’t afford it financially.
Apples and Oranges. Pepsi doesn’t make erroneous claims about Coke or claim to have a legal relationship with the State of California that it doesn’t have on it’s website.
The point isn’t to force them to produce said information, the point is to force CREIA to stop making erroneous and false claims about home inspectors in California.
The point of the letter is to give them an opportunity to quickly make corrections to minimize damages… or else. Most judges nowadays frown on ambush lawsuits. It wastes the court’s time to immediately file a full-blown lawsuit over every issue.
Exactly. It’s a process.
And you all know me, I like to give the other side a chance to fix things. Lawsuits are a last resort with me.
Would you willingly give personal business information to a competitor if they sent you a demand letter without a court order or filed lawsuit?
If I were CREIA, with annual dues revenue of only a couple hundred thousand, I’d fix the website immediately and publicly apologize. What choice do they have? Defending our forthcoming lawsuit in California is going to cost them more than their total annual budget.
No, a reasonable person would remove the misinformation from their website and hope the issue goes away.
Calling something “misinformation” is an opinion. It may be true, it may not be true. That is something the courts would decide. Sure doesn’t seem to matter in politics. :roll:
I’ll get my popcorn ready.