Showing posts with label Suing CostCo. Show all posts
Showing posts with label Suing CostCo. Show all posts

Saturday, November 28, 2020


Bring the letter with you and have the quote within the letter. 

Cite HIPPA.  Cite ADA.  Here is the letter to CostCo that Peggy cites: https://static1.squarespace.com/static/5ec33703d876e52434d8b91c/t/5ed3364ee080e33f63a33bda/1590900424028/costco+no+mask+letter.png.

8:30.  When somebody breaks a contract, you don’t want to walk away.  You have a cause of action.  So use it.  Make them perform under the contract.  I’ll show you how to do that.  There’s a couple of things you do.  Yeah, you can sue them and obtain an injunction; that’s entirely likely.  An injunction is an order from a court to do or to stop doing something.  so what happens then is the store has a policy, for whatever reason, is violating the law, and then you go to the court and say, “Judge, they’re violating the law and it's affecting me in this way, and it may affect the public, therefore, I want an injunction restraining this organization from engaging in this conduct.” 

Now if they continue doing it, now they’re under a court order, and they could be in violation, in contempt, whereas if you don’t do that, you could be charged with trespass.  We all know that’s bogus.  But if you do this first, now you have the power because now you have a court order.  They don’t.  That’s the civil aspect of it. 

There’s the criminal aspect of it, and if you guys like this idea—what we’re talking about before about, you know, make him sign something, you know, or hand him a notice, right?  Imagine writing a citation.  Imagine writing a traffic ticket: A Notice to Appear.  So the way you do it is—this is what I recommend.  You’ve got the civil aspect, we’ll get into that, but on the criminal side when you have someone wearing a mask—and I believe you can see this in every state—when someone’s wearing a mask, and harassing you when he’s concealing his identity and threatening you or harassing or intimidating you, or even assaulting you [where the threat of harm is iminent], whatever you know in something that creates a cause of action that you can make against that individual or his employer, like a civil cause of action.  If you have a civil cause of action, because of his conduct, that’s also a crime by the fact that you can sue for a civil violation.  It also is a crime in that individual was a suspect in the crime.  Normally wearing a mask and intimidating people or harassing them is a second-degree misdemeanor.  It’s going to vary like that by state.  Some states are really specific.  I mean California I did these for California and Florida, so you guys can start there. 

Alright, so the way you do this is now . . .  11:00.

Peggy interrupts.  12:25.  A civil violation is someone stepping over your civil rights.  They didn't let you in the store

13:27.  John Jay Singleton.  This morning I went to Costco, doing the things I like, shopping for my friend, and I was assaulted.  I walked in there and the guy at the door had a box of masks, my wife and I went in there together, and he walked over to me and touched my shoulder, and I said "Don't touch me!"  That's assault right there, but I didn't want to do anything because there are other issues there, and if I'm going to say that this guy assaulted me, you know, what am I?  It's not worth it, but that technically was assault.  He touched me.  You've got to use some judgment there.  I'm not trying to wreck everybody's day.  And we have a good time over there, so we like that place.  You have to have a cause of action—you have to have a right [or justification] to sue somebody.  So we have the civil aspect, but here’s the criminal aspect.  The criminal law, with few exceptions, okay, there are criminal statutes, like RICO.  RICO was used against the mafia or organized crime.  There is a private right of action in a RICO claim.  

I’m not talking about that we should do this.  The other private right of action, something you identified earlier, a couple of months ago, Peggy, was Title XVIII of the Criminal Code.  Title XVIII to the United States Code, there’s a section, Number 1038, and in that there’s a private right of action dealing with public funds.  You actually can sue where normally the police or the Dept. of Justice or the U.S. Attorney’s Office or the Attorney General ONLY have the right to prosecute somebody.  In that particular statute, you’re allowed to some somebody for a crime.  When it comes to things like with the mask-wearing, you don’t have a private right of action.  It’s only public, so good luck getting the AG’s Office to prosecute against a guard or security officer, a store employee, they’re not going to do it.  You have to do it.  YOU HAVE A CLAIM TO MAKE—you would seek an injunction.  The injunction is because someone committed a crime, you don’t have the private right of action to prosecute the crime, but you do have a personal interest in the violation because it affected you.  And you can’t state a cause of action.  You have the right to sue, but you also have to allege certain facts.  I’m not going to get into all of those details; it’s in my document.  You have to say certain things in the complaint.  If you don’t, the judge will throw it out. 

They had a police officer there, and he was unarmed, he was a sheriff’s deputy at the door.  And he literally stood in front of my wife to block her with his body.  Now that’s a crime, and he was wearing a mask, you know, covering his whole face, and went off to give her whatever . . . . she doesn’t stop.  She’s only 5’1” and she just said, “You know, I’m gonna go shopping.  You do your thing,” and she walked around him, so, but in that case what you can do is file a lawsuit against the sheriff’s office.  So now there’s a lawsuit, and the court issues a case number.  This is civil case