This case appears to demonstrate that PublishAmerica's iron clad contract has failed them. The term foreign in this case would mean a state outside Maryland and this other state involved is California. The information below is all the information that is public but from this it looks like Mr. Sylverster won a case against PublishAmerica and the court then filed for the judgment to be entered in Maryland. That was granted and accepted by the Maryland state court.
California it seems does not think that the article contained in a PA contract that says any contractual dispute must be filed in Maryland is a valid claim. The case opens the doors for other authors to sue Publish in their home state. It makes no sense why a person who does not reside in Maryland must be forced to go all the way to that state for remedy.
From this infomration, I cannot tell exactly what Sylvester sued them for but the authorities in Maryland will now aid in collecting the judgment from the California plaintiff. It appears that the reason Mr. Sylvester pressed on and filed his judgment in Maryland is because PublishAmerica would not pay the judgment otherwise since it was not within their jurisdiction< http://casesearch.courts.state.md.us/inquiry/inquiryDetail.jis?caseId=110100058632011&loc=38&detailLoc=DSCIVIL Case Information
Court System:
DISTRICT COURT FOR FREDERICK COUNTY - CIVIL SYSTEM
Case Number: |
110100058632011Claim Type:FOREIGN |
District/Location Codes: |
11 / 01Filing Date:11/28/2011Case Status:ACTIVE |
Complaint, Judgment, and Related Persons Information |
(Each Complaint, Hearing, Judgment is listed separately, along with each Related Person)
Complaint Information
Complaint No: |
001(SYLVESTER, JAMES H.) Vs:(PUBLISH AMERICA, LLLP ) |
Type: |
REGULAR CLAIM |
Complaint Status: |
JUDGMENT IN FAVOR OF PLAINTIFF ENTERED |
Status Date: |
12/13/2011Filing Date:11/28/2011Amount$2948Last Activity Date:12/13/2011 |
Judgment Information
Judgment Type: |
FOREIGN JUDGMENT RECORDEDJudgment Date:12/13/2011 |
Judgment Amount: |
$2,948.00Judgment Interest:$352.00Costs:$300.00Other Amounts:$0.00 |
Attorney Fees: |
$80.00Post Interest Legal Rate:X Jointly and Severally:In Favor of Defendant: |
Possession Of Property Claimed valued At: |
$0.00Is Awarded To The:Together With Damages Of:$0.00 |
Value Of Property Sued For: |
$0.00Plus Damages Of:$0.00Is Awarded To The:Dismissed With Prejudice: |
Replevin/Detinue Amount: |
$0.00 |
Recorded Lien Date: |
Judgment renewed Date: |
Renewed Lien Date: |
Satisfaction Date: |
Related Person Information
Name: |
PUBLISH AMERICA, LLLP |
Connection to Complaint: |
DEFENDANT |
Address: |
230 E PATRICK ST, P.O. BOX 151 |
City: |
FREDERICKState:MDZip Code:21705 |
Name: |
SYLVESTER, JAMES H. |
Connection to Complaint: |
PLAINTIFF |
Address: |
P.O. BOX 17453 |
City: |
ANAHEIMState:CAZip Code:92817-7453 |
Case History Information
(Each Event listed for the case is listed below in chronological order)
Type: |
INITIAL CASE FILINGComplaint No.: |
Date: |
11/28/2011Comment:INITIAL CASE FILING |
Type: |
COMMENTComplaint No.:001 |
Date: |
12/07/2011Comment:FILE TO JUDGE TO REVIEW REQUIREMENTS FOR FOREIGN JUDGMN |
Type: |
RECORDATION OF FOREIGN JUDGMENT ENTEREDComplaint No.:001 |
Date: |
12/13/2011Comment:FOREIGN JUDGMENT RECORDED |
Type: |
COMMENT Complaint No.:001 |
Date: |
12/13/2011Comment:FOREIGN COURT- CALIFORNIA SUPERIOR COURT |
Type: |
COMMENT Complaint No.:001 |
Date: |
12/13/2011Comment:MAILED COPY OF FOREIGN JUDG. TO DEF AT BOTH ADDRESSES |
Type: |
NOTICE SENT Complaint No.:001 |
Date: |
12/13/2011Comment:NOTICE OF FOREIGN JUDGMENT (DEF)-N1 |
Type: |
NOTICE SENT Complaint No.:001
Date:
12/13/2011Comment:ALSO SENT TO - PLN,
|
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