Frivolous lawsuit against Keigwins trackday organization:gofundme link

rd49 · Mar 14, 2018

Actually, just to be accurate, although they are often used interchangeably, malicious prosecution is improper pursuit of criminal charges, while vexatious litigation is the improper pursuit of civil claims. I can't speak to Cali, but in my state this isn't accurate. While many attorneys won't sue another attorney for malpractice, vexatious litigation claims seem to be perceived a bit different. I think it stems mainly from the difference in the claims. Malpractice is where the attorney deviated from the requisite standard of care for the legal services or advice i.e., made a mistake (everyone makes mistakes, right?). Vexatious litigation is where a person commences and prosecutes a civil action without probable cause; where probable cause means a bona fide belief in the existence of the facts essential under the law for the action and such as would warrant a man of ordinary caution, prudence and judgment, under the circumstances, in entertaining it (i.e., even a moron wouldn't have brought this claim). The latter, I believe, is perceived more as self-policing.
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So you did not stay in a Holiday Inn last night, you are an actual lawyer.

In Your Corner · Mar 14, 2018

SGVRider said: ↑

That sounds, unfortunately, 100% plausible and likely. I’m amazed that the track has survived this long and not been bulldozed for luxury homes. I’m sure that’s what Monterey wants, and of course the officials formerly involved in the track will get their pockets lined well. I hope this scenario doesn’t come to pass, but i think it’s pretty likely.
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It would be a real tragedy to lose that track.

wrx_02 · Mar 14, 2018

Chaotic said: ↑

It seems to me like this guy setup a gofundme account to get people to send HIM a lot of money, by playing the whole "we have to protect track days!!" card.

I could be wrong, and hope I am. But the wording in the gofundme page sounds like he is trying to do the "we have to stand up and fight as a community" thing...while getting people to directly send him a bunch of cash.

Smells like bullshit to me.

He needs to get on there and provide itemized statements of where every dollar will go. If he doesn't, then fuck him too.
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Well said, I thought the same, just couldn't make my point like you did.

KrooklynSV · Mar 14, 2018

There's some funny posts on BARF about this gofundme.

shakazulu12 · Mar 14, 2018

All I know is that Mongo is clearly doing this mortorcycle org thing wrong

Mongo · Mar 14, 2018

Gecko said: ↑

Actually, just to be accurate, although they are often used interchangeably, malicious prosecution is improper pursuit of criminal charges, while vexatious litigation is the improper pursuit of civil claims. I can't speak to Cali, but in my state this isn't accurate. While many attorneys won't sue another attorney for malpractice, vexatious litigation claims seem to be perceived a bit different. I think it stems mainly from the difference in the claims. Malpractice is where the attorney deviated from the requisite standard of care for the legal services or advice i.e., made a mistake (everyone makes mistakes, right?). Vexatious litigation is where a person commences and prosecutes a civil action without probable cause; where probable cause means a bona fide belief in the existence of the facts essential under the law for the action and such as would warrant a man of ordinary caution, prudence and judgment, under the circumstances, in entertaining it (i.e., even a moron wouldn't have brought this claim). The latter, I believe, is perceived more as self-policing.
.
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That's why I added the whatever, can't remember the proper term. We did go after the lawyer and it was for the Vexatious litigation (but they do call it something else) since he knew going in there was no case and literally told our lawyer in front of witnesses his only purpose was to put us out of business and make sure we couldn't get insurance. He also acted improperly right after the incident calling Evelyne trying to get information and telling her that the rider had let his insurance lapse a couple months earlier and all sorts of other things. He also called and lied to the insurance company trying to get our limits so he could sue at or above them. Just shyster bullshit all around. I'm pissed we lost the case, the facts did bear out that he was doing illegal things but the elected judge and his buddy the ex-judge saved him. Interestingly his co-counsel who did Evelynes deposition quit the firm and I have a feeling his bosses are less than happy with the entire thing.

Mongo · Mar 14, 2018

shakazulu12 said: ↑

All I know is that Mongo is clearly doing this mortorcycle org thing wrong

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Holy shit yes I am! Damn, I still feel guilty about the RV even though it saves WERA money overall and make sure to tell people the Ho had 100k miles when I bought it.

stangmx13 · Mar 14, 2018

I think that Ferrari showed up after Lance Keigwin sold to the current guy. so its just like motorcycle racing in general. how do u get a Ferrari while owning a trackday organization - start with a ton of money, buy trackday org, buy Ferrari.

racesbikes · Mar 14, 2018

Chaotic said: ↑

It seems to me like this guy setup a gofundme account to get people to send HIM a lot of money, by playing the whole "we have to protect track days!!" card.

I could be wrong, and hope I am. But the wording in the gofundme page sounds like he is trying to do the "we have to stand up and fight as a community" thing...while getting people to directly send him a bunch of cash.

Smells like bullshit to me.

He needs to get on there and provide itemized statements of where every dollar will go. If he doesn't, then fuck him too.
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Doesn't/didn't the GoFundMe page say that all the money not used in defending the lawsuit will go to the RRW Action Fund?

I just skimmed it, but thought I saw that tossed in at the end.

Regardless I agree, caveat emptor.

shakazulu12 · Mar 14, 2018

It did. But it's all the more reason why I don't get why the owner is crowdfunding a legal defense fund for a suit that is already being covered by his insurance.

Mongo · Mar 14, 2018

racesbikes said: ↑

Doesn't/didn't the GoFundMe page say that all the money not used in defending the lawsuit will go to the RRW Action Fund?

I just skimmed it, but thought I saw that tossed in at the end.

Regardless I agree, caveat emptor.
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It says that - but who does the accounting?

G 97 · Mar 14, 2018

KrooklynSV said: ↑

There's some funny posts on BARF about this gofundme.
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Drop a link to this thread in it.

racesbikes · Mar 14, 2018

Mongo said: ↑

It says that - but who does the accounting?
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That's was my point in agreeing with Chaotic......

wrx_02 · Mar 14, 2018

G 97 said: ↑

Drop a link to this thread in it.
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http://www.bayarearidersforum.com/forums/showthread.php?p=10044489

Metalhead · Mar 14, 2018

So did our side win? I ain't been keeping up.

SPL170db · Mar 14, 2018

Mongo said: ↑

People do that all the time, just have to stay upright and keep your speed up - which is stupid since the whole point of it is to slow you down...
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Pretty much. When I tucked the front going into T1 @ NJMP a few years ago I ended up sliding to a stop in that paved run-off section and my bike continued to slide out to the gravel trap. When Caroline Olsen had her horrific crash there last fall she made it all the way out and struck the tire wall but I think they said she had a front brake failure, and that's definitely a recipe for disaster.

SPL170db · Mar 14, 2018

G 97 said: ↑

For me I can’t imagine anyone donating any money to this. People really are gullible. I think this guy is doing more harm to track days than the actuall law suite is. Crazy.
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Gullible or not, he's racked up over $11K for himself already.

G 97 · Mar 14, 2018

SPL170db said: ↑

Gullible or not, he's racked up over $11K for himself already.
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Yes, like I stated, gullible.

Gecko · Mar 14, 2018

rd49 said: ↑

So you did not stay in a Holiday Inn last night, you are an actual lawyer.
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Given the beeb climate (pitchforks, trebuchets & 3ft screwdrivers), I'll go with staying at a Holiday Inn Express last night.

Mongo said: ↑

That's why I added the whatever, can't remember the proper term. We did go after the lawyer and it was for the Vexatious litigation (but they do call it something else) since he knew going in there was no case and literally told our lawyer in front of witnesses his only purpose was to put us out of business and make sure we couldn't get insurance. He also acted improperly right after the incident calling Evelyne trying to get information and telling her that the rider had let his insurance lapse a couple months earlier and all sorts of other things. He also called and lied to the insurance company trying to get our limits so he could sue at or above them. Just shyster bullshit all around. I'm pissed we lost the case, the facts did bear out that he was doing illegal things but the elected judge and his buddy the ex-judge saved him. Interestingly his co-counsel who did Evelynes deposition quit the firm and I have a feeling his bosses are less than happy with the entire thing.
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Didn't know, sorry to hear (both about the suit and the shyster bullshit). I've worked on a few (and currently working on one), and vexatious suits are challenging.
.

Mongo · Mar 14, 2018

Like I said, paying them off sucked but still worth it to make them think in the future. Guess I screwed up by not doing a gofundme

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Frivolous lawsuit against Keigwins trackday organization:gofundme link

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racesbikes WTB a Size 50/60 Race Suit

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