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Guys, 

While searching for a Ripple Labs vs. R3 update in the California court records, a different court case came to my attention. Tony Petrucci of North Carolina (plaintiff) is suing Ripple Labs, Inc. (defendant) for $5,885.68 USD in small claims court because "21,798.84 Units of currency (XRP)  (was) not accessible due to upgrades by Ripple Labs, Inc. that I was not made aware of." According to the complaint (see pictures below), this allegedly happened on 6/19/2017. 

When asked how the plaintiff (Tony Petrucci) calculated the money owed to him, his answer under oath stated "currency (XRP) worth an all time high of 0.42 per unit, recently trading at 0.25 - 0.29. I will accept $0.27 per unit, which equates to $5,885.68." He asked Ripple Labs, Inc. to reimburse him prior to filing the lawsuit. 

The trial in small claims court beings on January 12, 2018
 

Notes: 
1.) What is this guy doing?
2.) In small claims court in San Francisco CA, individuals can file a claim to up to $10,000 USD. 
3.) 21,798.84 "units" (XRP) is now worth over $65,000.00 USD. 
4.) Not sure if Mr. Petrucci is going to fly out to California and represent himself (think of Judge Judy type court, that is small claims) or if he is going to hire a lawyer. Maybe he can conference in via telephone.
5.) A plaintiff cannot appeal a decision made in small claims court in California.
6.) Success will unfortunately bring suits like this. 

Ha, just add it to my list of cases to track. Keep you guys posted. 

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13 minutes ago, MemberBerry said:

"I couldnt access my coins because the exchange was down. And now i want my money back?"

More like "Ripple Labs disabled their hosted wallet platform and didn't send out notification mails about this" (often because initially you didn't have to register using an email address). They also do NOT let you access the blobstore anymore without going through KYC, which is close to extortion.

Edited by Sukrim
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On 1/4/2018 at 8:24 AM, Essq said:

I wish him the best of luck, but i cannot see how Ripple is reliable for this mistake. I think he's misunderstanding the way it works.

Do you have some links to the source ?

Go to this link (below) or Google search "The Superior Court of California, County of San Francisco case search," @Essq Just search "Ripple Labs." Let me know if you need any help. 

https://webapps.sftc.org/captcha/captcha.dll?referrer=https://webapps.sftc.org/cc/CaseCalendar.dll?=

Edited by brjXRP17
Tagging Essq
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1 hour ago, Sukrim said:

More like "Ripple Labs disabled their hosted wallet platform and didn't send out notification mails about this" (often because initially you didn't have to register using an email address). They also do NOT let you access the blobstore anymore without going through KYC, which is close to extortion.

Can you elaborate more on this please, @Sukrim? Not sure about all of the facts here, and that's why this guy will have his day in court, but if Ripple Labs, Inc. has/had a "hosted wallet platform," there would most certainly be a Terms of Service and any user would be subject to that document. And if so, we have to see what that says. Thanks in advance.   

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2 minutes ago, brjXRP17 said:

Can you elaborate more on this please, @Sukrim? Not sure about all of the facts here, and that's why this guy will have his day in court, but if Ripple Labs, Inc. has/had a "hosted wallet platform," there would most certainly be a Terms of Service and any user would be subject to that document. And if so, we have to see what that says. Thanks in advance.   

This might be in reference to the old Ripple Trade Wallet that was shut down. A lot of people are having issues importing or accessing the encrypted information now (if they did not make an effort to remove funds/ transfer info to another wallet during the sunset period)

I also suspect the plaintiff might feel that playing chicken with a retaliative small amount might mean they would be more likely to get the amount from Ripple just to avoid the annoyance

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Interesting.  Perhaps he lost his secret key.  My understanding, and perhaps Sukrim can correct me if I'm wrong, is that as long as you have the Ripple address for your old Ripple hosted wallet and the original secret key, you should at least be able to transfer your XRP (if not other currencies which might have been held on trustlines in your OG Ripple hosted wallet).  Is this not correct?  As such, if Mr. Petrucci managed to find his secret key, he should be able to move his XRP regardless of whether the Ripple hosted wallet itself cannot be accessed.  Correct?

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4 hours ago, TheXRPer said:

Having been a paralegal for close to 10 years, these small claims will easily be dismissed because Ripple Labs, Inc., the Defendant, will be represented by counsel, whereas the Plantiff usually will not be represented by counsel. 

Not sure about this... In CA small claims neither side is allowed to have counsel represent or argue in the actual small claims court room?  Litigants can seek legal advice prior to hearing, but have to represent themselves in the actual court proceeding?  In the case of a company, then a company representative is designated to appear.

Edited by JohnnyRippleSeed
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7 hours ago, JohnnyRippleSeed said:

Not sure about this... In CA small claims neither side is allowed to have counsel represent or argue in the actual small claims court room?  Litigants can seek legal advice prior to hearing, but have to represent themselves in the actual court proceeding?  In the case of a company, then a company representative is designated to appear.

Interesting. This is what I get for thinking California would be similar to most other states and their small claims/JP courts. 

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  • 2 weeks later...

Maybe he found his secret key. Or figured out he wanted to settle for way less than his stack is worth.  Or couldn't afford the airfare.

This situation does raise an interesting side question in my mind.  Does anybody know how much XRP may be locked up in old Ripple Trade accounts where the holders lost their secret key/access?  I'm curious to know estimates for this figure.

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