![]() ![]() You would probably see references to federal court cases as well. The Defendant is not impliedly admitting to anything by making the motion to which you refer.Ī good resource for you would be a legal treatise on civil procedure and practice in California, as well as an annotated version of California's rules of civil procedure the annotations at the bottom of the pages to the rules would allow you to see how California courts have interpreted and applied the procedural rules in specific cases. ![]() There is probably a statute or procedural rule in your state that specifies when it is appropriate to pray the Court for punitive damages, and how those grounds should be plead in the petition/complaint. What it appears the Defendant is maintaining in the Motion to Strike that you describe is that, whether the claims succeed or not, punitive damages are not warranted by facts or law. The latter is usually granted "with prejudice," meaning that the claim cannot be refiled. You may want to further your studies by going down to the county law library to read some treatises and practice guides on substantive law and civil procedure.Ī motion to strike, if granted, has the effect of excising extraneous or irrelevant statements from a pleading a motion to dismiss (often referred to as a demurrer in your state, if based on insufficiency to state a claim for which relief can be granted-see Federal Rule 12(b)(6)), if granted, has the effect of dismissing a claim from court altogether. ![]() At that stage it isn't technical legal requirements so much as the question of are there gaps in plaintiff's evidence or defendant can present a defense so the case doesn't need to go to trial. The pleading issues can become important later in the case as the parties go through discovery and the defense brings a motion for summary judgment to again seek to throw out or carve down the case. More likely is the plaintiff will be given a couple chances at amending the complaint to fix technical legal issues. Perhaps the entire complaint is knocked out. The demurrer attacks the legal sufficiency of the complaint and/or the legal sufficiency of the different causes of action in the complaint. And that's what the motion to strike is for. There might not be a proper basis for punitive damages and the defendant wants to get them thrown out early in the case. A motion to strike is sort of like a scalpel to cut out inappropriate parts of a lawsuit. No, there is no admission by making a motion to strike punitive damages. ![]()
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![]() I think it just might be time to start fresh, which could be done on the foundation of what VP 9.x is. Has this already been tried and was a no go? (If so, I apologize for wasting everyone's time even reading this.lol)Īny thoughts on whether this would/could be possible? I don't mind having to kick in on something, and considering PB Arcade table releases many people would seem to agree.īut even if it is that would leave me with some other questions which I hope some people with more knowledge could answer:ĭoes anyone even know how to contact him?Ĭan he even release it or did does he have some kind of contract restrictions from the Ultrapin business? In any case, I am wondering if he doesn't want to just open source the code, could an offer be made to him to purchase the code via the community with a fund raiser or kickstarter type project with the sole intention of open sourcing the code? I know I would certainly kick in, and considering how fast the funding for the Unit圓d license effort went maybe it would be feasible. I'm sure there is more to this, and some of the people that have been around for awhile could expand on this or correct my incorrect assumptions. Which I can understand, I'm just glad he fixed the expiration issue before leaving. I believe it uses Newton Game Dynamics which is open sourced and still worked on.įrom what I have been able to gather from old posts on google is FP's developer Black left the community, didn't seem to care for pinmame, and didn't want to open source the code. I could only imagine what kind of improvements could be made in FP physics if the code was open sourced and could allow for a physics upgrade. Also, I know that the work on the physics in FP has shown alot of improvement with the work being done. I only realized how steep when I started trying to mod a table or two myself. I know that there are some great looking tables in VP, but the learning curve is steep. VP's physics in my opinion seem better and has rom support but the editor/table building seem to be better in FP. But seems to boil down to FP is the hot girl at the bar you want to take to bed and VP is the girl you want to take home to meet the parents. This post is not intended to start that discussion again. Also, there have been alot discussions on the pros and cons of VP versus FP. ![]() Alot of discussion has been made about the need for new software/editor. But these projects kind of got me thinking. ![]() Unit圓d had the fund raiser and Pinball Arcade had their Kickstarter, both of which I was happy to kick into. In particular, the Unit圓d and Pinball Arcade, both have had some form of community financial support. But during that time, it seems alot of great things have been happening with new developments, such as newer versions of VP, FP new physics, all the pinball arcade stuff (if they ever get PC versions out), Unit圓d stuff, and the SAM pinmame code release. ![]() I have only been following the VP/ FP community for a couple of years, and most of that time was spent building my cab and, well, playing with my cab (mostly VP). Also considering the rules on some other forums regarding discussing 'taboo' topics, I thought I would post here for thoughts. ![]() I not really sure how to start this discussion since some of things discussed have been a lightning rod for conflict. ![]() ![]() ![]() There are also other offers available for multiple devices. 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