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“[Name of plaintiff] claims that [name of defendant] made a false representation that harmed [him/her/it].
  To establish this claim, [name of plaintiff] must prove all of the following:
  1. That [name of defendant] represented to [name of plaintiff] that an important fact was true;
  2. That [name of defendant]’s representation was false;
  3. That [name of defendant] knew that the representation was false when [he/she] made it, or that [he/she] made the representation recklessly and without regard for its truth;
  4. That [name of defendant] intended that [name of plaintiff] rely on the representation;
  5. That [name of plaintiff] reasonably relied on [name of defendant]’s representation;
  6. That [name of plaintiff] was harmed; and
  7. That [name of plaintiff]’s reliance on [name of defendant]’s representation was a substantial factor in causing [his/her/its] harm.”
    ~ Judicial Council of California, California Civil Jury Instructions (CACI) No. 1900 (Revised December 2012

You press our dependence on shmucks
Who care first and foremost for bucks
Promoting attorneys who’ll milk us for sure
Experts who may or may not be the more
Competent than just ourselves — however inept
They’re the ones you’ll accept
Because of their qualifications:
They know how to best couch their representations
To take every dollar and thus
Cause yet more problems for us;

Spooking the folks who were screwed
Into settlement however crude
Except to the benefit of the pleased screwer
Promotes all the shmucks all the truer;

These cases require evincing
Evidence “clear and convincing”
I can but prove my case only by trial
Defendants need hardly take that extra mile
Instead they can just bring a forty-buck motion
For summary adjudication
To knock out such claims, were their story
To show up in front of a jury
Would make clear the crass aggravation —
But no, you prefer case castration
To save trial time from thus stretchin’
These parts of the story you forbid even to mention;

Oh, motions you take in with gladness
Up to trial’s eve — which is madness
I fight them off risking trial prep lossage —
Witnesses, experts act as though held hostage —
Oh sure, let’s reschedule, why be agitated
Resubpoena these folks long since irritated
Witnesses the less supportive; they label
Us as most clearly unable
To prosecute our case to useful effect
So for them, toward fraudsters, makes sense to elect
Not to much bother themselves
Might as well leave these fraud cases on shelves;

How can I prove the intent
Of someone whose mind is content
To ask how it was I was harmed
When in fact I rather should’ve been charmed
To get the fives acres I got
Instead of the ones that I bought
They’re surely worth at least as much
As these that were thought to have such
A feature as all of my home
Residing on them; I can comb
Through many a memory to show
That which the seller also had to know
Since he lived much of life at the scene
Where all know just what modern survey maps mean
But if he says “I didn’t think
  To disclose what I thought didn’t stink
  And if in me you put your reliance
  What of all the experts who checked for compliance
  With all the applicable code
  While I showed you just what I showed”
Like psi effects, try to prove it
Such efforts will only remove it
From anyone’s vantage but those of the sort
Who have intuition, which means not the court
Whose stiff policies none may dare interrupt
Where all boils down to books,
   all boils down to bucks
   all boils down to shmucks, all is corrupt.

Thanks always returns

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