<The law requires you to prove fraud not that they just made mistakes.>
But it's a civil case, therefore, you need only prove by preponderence of the evidence, not beyond reasonable doubt.
<Why file state court actions unless you believe your federal claims will be dismissed.>
2 reasons which relate to the first point above. Rules of evidence are different in CA and Fed.. therefore, something that may be denied in one jurisdiction, may be allowed in the other. Second, CA has a fast track civil system. Things move along quickly and you may not have time to do full discovery in that juridiction. In federal, they can drag it out until they feel they have everything they need.
<There is no way both actions will proceed to trial in 2 separate forums unless plaintiff's believe their fed claims will be dismissed.>
Neither will go to trial. They will settle or be dismissed in summary judgement. By filing both claims, however, they would have to settle both cases or lose both cases. They could settle one, and still proceed with the other. Usually, if an attorney can file in more than one jurisdiction, he will, because additional costs are small and it betters the odds.
<This state action is a classic CYA.>
You are being naive.
-klaus |
