Probably a waste of time...

Scribe4264 · Jan 29, 2011

...but worth a shot.

Back in Jan. 2006 when I signed my contract apparently I wasn't completely brain-dead. I deleted the reference to all court actions to be filed in Maryland and replaced it with Author reserves right to file any breach of contract or other complaints against Publisher in San Mateo County, California.
I signed the contract and sent it in and they published, which seems to me should indicate that they accepted the change I made since they went ahead and published the book without any further contact with me.

So, I have sent them a cease and desist letter - addressed to both Larry and Miranda - and I noted the change and informed them I would be filing in small claims court here in California asking for a small amount of cash and an immediate order terminating the contract and barring PA from selling any more copies.

May be a waste of time, but what the heck. Its worth a shot and maybe they'll decide to waive the white flag and just terminate the contract so I'll go away.

We'll see.

James D. Macdonald · Jan 29, 2011

Larry and Miranda routinely read this forum. So if you were planning to surprise them ... they know.

thothguard51 · Jan 29, 2011

Why are you filing in small claims court?

Scribe4264 · Jan 29, 2011

James D. Macdonald said:
Larry and Miranda routinely read this forum. So if you were planning to surprise them ... they know.

No matter. The cease and desist was delivered already. And I am aware they monitor, which is why I just gave them their option to avoid losing in court by just giving me my release.

Besides, I had already e-mailed them a copy of the letter. The hardcopies were sent so I could physically prove they received it and closed off that avenue for them to try and wiggle out of appearing.

If they chose not to appear, I get a ruling in my favor and file it in Maryland. If they refuse to comply, I own PA.
If they chose to fight it, they spend a lot of money to do so. And their chances of winning are about 97-1 against. Makes financial sense to just cut their losses and let me go.

We'll see.

thothguard51 · Jan 29, 2011

Who signed for it?

Scribe4264 · Jan 29, 2011

thothguard51 said:
Why are you filing in small claims court?

Because in California, you are not allowed to bring a lawyer with you or have a lawyer appear on your behalf in a small claims filing. The damages I am seeking compensation for are under $5k, so it goes to small claims.

If Larry and Miranda want to fight this, they have to come out here and appear in person. Which opens the door for me to question them on the record, as well as demand they produce all of their records pertaining to the action in question. Such as sales of my book, unpaid royalties, etc.

Scribe4264 · Jan 29, 2011

thothguard51 said:
Who signed for it?

Haven't got it back yet, but online tracking on both of the packages shows they were delivered. So they aren't going to be able to say they didn't get the letter.

Scribe4264 · Jan 29, 2011

I'm hoping one of them will come to the realization that I am not going to buy any more books from them. No one in my family or circle of friends is going to buy any more books from them, I am not paying them a single dime to get the rights "returned" or "reverted" and since there is less than 2 years left on the contract anyway that it would be better for all involved to just cut me loose.

But, if they want to play it hard, we can do that too. I no longer want my name associated in anyway with PA and I'm willing to go to court and make that happen sooner rather than later. In fact, I'd rather spend $1000's on doing it in court rather than give them one more dime.

Your move Mr. Clopper and Ms. Prather.

DaveKuzminski · Jan 30, 2011

Gee, one would think that someone with legal knowledge would review the contract when it's returned.

Scribe4264 · Jan 30, 2011

DaveKuzminski said:
Gee, one would think that someone with legal knowledge would review the contract when it's returned.

Given their history of not reading stuff submitted to them before they proceed (Atlanta Nights anyone?) I'm not that surprised. I'll bet they just checked to see the signatures were there and never looked at the rest of the pages.

allenparker · Jan 31, 2011

IANAL and ...

... I live in Va, so take this as it comes.

If you change a contract and they don't send you a copy with initials where the changes are, you don't have a contract.

You often hear about people initially all over the place when buying real estate, this is why. Every change must be initialed. If not, the contract isn't valid.

Your state may vary.

DaveKuzminski · Jan 31, 2011

If that's the case, then it's going to be a problem for PA since they've allegedly published that manuscript without a contract. I wonder how that will play out?

Scribe4264 · Jan 31, 2011

DaveKuzminski said:
If that's the case, then it's going to be a problem for PA since they've allegedly published that manuscript without a contract. I wonder how that will play out?

Hmmm, this could get interesting.

On the update front, they are sending the cease & desist letters back unopened. Got a notice from the tracking page that both have been returned to sender.

Bad move on their part. They just handed me all the proof I need to show the court PA has broken off all communication with me and I have no other redress but to seek relief from the court. Not sure there are a lot of judges out there that would look to favorably on any publisher that refuses to speak with a writer currently under contract.

Terie · Jan 31, 2011

Not to put too fine a point on it, but what are you suing for? Small claims in California is for monetary amounts. From what I can tell, it isn't where civil matters such as reversion of publishing rights are settled. It sounds to me like you're wasting a whole lot of effort and energy, plus a small amount of money for something that's going to happen naturally in two years anyway. That's energy that would be a whole lot better spent on writing another book. (Caveats: IANAL, and it's been a decade since I lived in California.)

Sepisllib · Feb 1, 2011

Scribe4264 said:
Hmmm, this could get interesting.

On the update front, they are sending the cease & desist letters back unopened. Got a notice from the tracking page that both have been returned to sender.

Bad move on their part. They just handed me all the proof I need to show the court PA has broken off all communication with me and I have no other redress but to seek relief from the court. Not sure there are a lot of judges out there that would look to favorably on any publisher that refuses to speak with a writer currently under contract.

This is SOP for them. Have received bunches of returns unopened.

Pursue it though - technically they have pursued publishing your book without the benefit of a valid contract. Here, in Iowa, any and all changes must be agreed upon and initialed before it becomes a valid contract.

In MHO - PA has effective stolen your manuscript from you and published it.

Good luck

God Bless

Bill

Momento Mori · Feb 1, 2011

Scribe4264 the best thing you can do is stop talking about any action you might/might not take on these boards. PA keeps an eye on them. You will lose any element of surprise that may help your case and potentially give them evidence to use against you.

MM

Scribe4264 · Feb 19, 2011

Momento Mori said:
Scribe4264 the best thing you can do is stop talking about any action you might/might not take on these boards. PA keeps an eye on them. You will lose any element of surprise that may help your case and potentially give them evidence to use against you.

MM

That's why I haven't been around much. Some interesting developments to report but I can't say anything for another week or two. Suffice to say the end of my relationship with PA is drawing near.

Scribe4264 · Nov 10, 2011

OK, so it took longer than a few days, lol.

Update is they finally acknowledged that when the contract expires on Jan. 2, 2013 that it will not renew as I have informed them in writing that I am invoking my right of non-renewal under the terms of the contract.

Nothing new on the lawsuit front as I had something else come up that required my full attention. I have decided, for now, to hold off and see if I can pester them long enough to get them to finally just give up and return my rights. If not, I'll just wait for Jan. 2, 2013, and save the money and time I would spend in legal costs.

Probably a waste of time...

Scribe4264

James D. Macdonald

Your Genial Uncle

thothguard51

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Preditors & Editors

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allenparker

Naked Futon Guy

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