Essay on Plaintiff 's Memordandum 's Court Case

2040 Words May 27th, 2016 null Page
PLAINTIFF’S MEMORDANDUM IN OPPOSITION TO DEFENDANT’S MOTION TO DISMISS

Comes now Ms. Darrough, and for her Memorandum in Opposition to Defendant’s Motion to Dismiss, states as follows:
INTRODUCTION
Plaintiff, Ms. Marion Darrough, will be deprived her right to obtain any remedy as a result of Home Service Club Warranty Corp., d/b/a The Home Service Club, (“Defendant HSC”) wrongful acts if Defendant HSC’s arbitration clause is enforced by this Court. Prior to June 20, 2014 Ms. Darrough purchased a home warranty from Defendant HSC. On June 20 and June 21, 2014, Ms. Darrough contacted Defendant HSC and requested that her air conditioning unit be inspected and repaired because she experienced excessive noise emanating from the unit. These problems were expressly covered under Defendant HSC’s home warranty contract, and illustrate the precise reason why Ms. Darrough purchased the home warranty in the first place.
On or about June 23, 2014 a representative of Defendant HSC contacted Ms. Darrough and told her that an “authorized representative” would be dispatched to her home. William R. Burns, Jr. (“Defendant Burns”) was the “authorized representative” sent on behalf of Defendant HSC to Ms. Darrough’s home. Defendant Burns cleaned Ms. Darrough’s air conditioning unit and reported that there was a broken blade on the fan. After Defendant Burns serviced Ms. Darrough’s air conditioning unit on June 23, 2014 as an “authorized representative” of Defendant HSC, Defendant HSC flatly…

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