comeaux

1000% THIS !!!

No it’s no guarantee but ZANELLO attorney appears MUCH more prepared. The CGC attorney cannot even get a document filed with the court without it being rejected. I may be wrong in the end but I don’t think CGC will win this case, why you think they went civil and not criminal? CGC allowed this to happen, their incompetence and greed exposed dumbassery on the highest level.

The problem is that CGC is the entity who held these books in their hands, then reholdered these books after looking at them with their employees, then CGC shipped these books back to alleged scammer. All of this in itself creates several issues for CGC. Defendants attorney has a lot of ammunition other than what I just mentioned. CGC is not in a favorable position and if I was the scammer I would flip the scrip and counter the CGC complaint with a malicious prosecution lawsuit. I’m sure counsel for defendant is preparing to file a Motion for Summary Judgement fairly soon.

Unfortunately the answer is NO!!! There is no oversight at CGC or Heritage. Just look at all of the CGC scandals with trimming, reholdering, insider fraud, Burger King workers printing fake labels, etc, it’s Comedy Gold at CGC right now. The Cole Schave BS that could only happen to those “well connected” within CGC & Heritage as well as the Marvel #1 that went from 8.5 to 9.4 It’s a dumpster fire only sanctioned by the extreme upper echelon of the collecting community. The dedicated CGC members, paying CGC slugs & CGC tribesman get thrown meager crumbs to keep the CGC machine oiled while the collecting community as a whole get bilked by the carnival barkers supporting these “manufactured collectibles” Protect this man, you’ve really upset the natives, tread carefully.

CGC is responsible for this disaster, they held every one of these reholdered books in THEIR HANDS and missed EVERY one of them. CGC employees did not have proper CGC training to identify this fraudulent activity and I honestly think this lawsuit is going to be an uphill battle for CGC, especially the ZANELLO case because his counsel appears much more vigorous with meticulous detail on the initial pleadings, CGC counsel with 7 misfires out of the gate. Chain of custody is going to be very problematic for CGC, they can learn some things about enhanced security which is obviously nonexistent at the moment. I can understand some of your points but what I think you are missing is the fact that CGC, the “professionals” in this collectibles arena and their “professional employees” ALLOWED THIS DEBACLE TO HAPPEN through total mismanagement, inadequate processes & procedures, lack of situational awareness, inept workmanship, lackadaisical & cavalier attitude of upper management, improper & insufficient training of employees, unclean hands and inexperienced employees, etc. Discovery in this case will be damaging to CGC business and reputation. If defense attorney for ZANELLO stays strong, CGC is toast with a low profile/private “settlement” and it’s what CGC deserves for the manner they have conducted business and treated customers who deserve better than the chitty service they have gotten over the last few years. This along with the fact that it has yet to be explained how ZANELLO & RIVA received preferential treatment such as TAT in three days as well as 9.8 grades with identical grader notes over several identical 9.8 books. I know all of these facts make the natives restless but the truth hurts irregardless of “muh slabs” and I get it, I still own 100’s of CGC graded books that I hope to sell eventually although I’ll never buy another and just really happy that I sold most high value slabs already.

If CGC was really concerned about collectors of their product/service, CGC should have announced both of these scandals on their facebook & X accounts to ensure all collectors are apprised of what’s happening with the CGC holders & service. At this moment there’s no exact number of collectors that have been impacted by the CGC insiders printing fake labels, stealing books & swapping labels. There is also no definitive number of books affected by the reholder scam which likely impacts far more books than were just submitted to CGC. The scammers were likely swapping books and selling to the general public without being reholdered.

Pretty much agree with you on all points except to keep the list private. In my opinion it’s important that all collectors are aware of books that have been manipulated/swapped.

That’s this case vs. ZANELLO wherein CGC attorney filed amended complaint because of deficient documentation and “shotgun pleading” CGC counsel in this case appears to be struggling with multiple filing errors, I think at least 6 or 7 according to the docket report. Meanwhile the attorney for defendant laid out a fairly compelling argument in his Memorandum of Law. You’re right, it has been “jr. Associate level mistakes” from CGC attorneys. I follow a lot of cases on Pacer and rarely see this type of attorney incompetence, but then again it’s CGC so I’m not surprised.

Perhaps one obstacle for CGC in this case may be chain of custody related to any book allegedly handled, sold or purchased by the defendants.

defendants have been served and have 21 days from today to submit answer to CGC complaint. There was also a preliminary injunction order filed today, here below are the cliff notes: STIPULATED PRELIMINARY INJUNCTION ORDER AND ORDER AUTHORIZING EXPEDITED DISCOVERY: IT IS HEREBY STIPULATED AND AGREED, by and between the parties hereto, that Defendants are hereby retrained and enjoined from engaging in any of the following acts or omissions pending the final hearing and determination of this action or under further order of the Court: as set forth herein. IT IS HEREBY FURTHER STIPULATED AND AGREED, by and between the attorneys for the respective parties hereto, that within fourteen (14) days of entry of this Order, Defendants shall: as set forth herein. IT IS HEREBY FURTHER STIPULATED AND AGREED, by and between the attorneys for the respective parties hereto, that within fourteen (14) days of receipt of service of this Order, any third party service providers who are served with this Order, including, but not limited to,eBay, shall identify any and all of Defendants' user accounts and merchant storefronts used to sell products bearing the CGC Marks, and provide CGC's counsel with a summary report containing account details for any and all such user accounts and merchant storefronts, which shall include, at a minimum: as set forth herein. IT IS HEREBY FURTHER STIPULATED AND AGREED, by and between the parties hereto, that Defendants expressly reserve, and enter into this Stipulation without prejudice to, all of their rights, remedies, and defenses to the claims asserted against them, including but not limited to those relating to jurisdiction, venue, and failure to state a claim upon which relief can be granted. SO ORDERED. (Signed by Judge P. Kevin Castel on 2/13/2024) (ama) (Entered: 02/13/2024)

Here attached in the link below is the latest I have on the CGC vs ZANELLO & RIVA case. It’s a memorandum of law filed by attorney for defendant ZANELLO in response to the CGC lawsuit. Memorandum of Law - Filed by attorney for defendant ZANELLO

@comicwiz how do you think something like this happens? Surely with a book of this value, CGC would have to be pulling the strings?

Shenanigans like this with valuations at this level can only be sanctioned by those at the highest level within CGC.

I agree !

I’m not an attorney but from my Pro Se experience I would list these below as a few Affirmative Defenses along with about 20 others if I was a defendant in this case. CGC basically allowed this to happen under THEIR watch. CGC is supposed to be the EXPERTS. AFFIRMATIVE DEFENSE 1 Other than the fact that DEFENDANT resides in the State of New York, this answering DEFENDANT expressly denies each and every allegation therein contained save and except that this answering DEFENDANT recalls making perfectly legal sales and purchases of PLAINTIFFS graded comics over the internet although this answering DEFENDANT expressly asserts that the information alleged is insufficient as to allow this answering DEFENDANT to form a belief as to any specific transaction that is referenced and on that basis denies the same and expressly denies that any transaction or submission to PLAINTIFF heretofore made by DEFENDANT had any association to illegal acts or manipulating PLAINTIFF graded comics. AFFIRMATIVE DEFENSE 2 This answering DEFENDANT alleges that any injury, which DEFENDANT denies, occurred solely as a result of PLAINTIFFS negligence and procrastination to properly verify that the plastic protective case which encapsulates PLAINTIFFS graded comic book is tamper resistant as conveyed in PLAINTIFFS guarantee wherein said negligence and procrastination functions as a complete impediment to any proposed recovery on behalf of PLAINTIFF. This Affirmative Defense is in no way an admission of any illegal acts asserted by PLAINTIFF. AFFIRMATIVE DEFENSE 3 This answering DEFENDANT alleges that PLAINTIFFS action is barred by the equitable doctrines of laches and unclean hands on part of PLAINTIFF. AFFIRMATIVE DEFENSE 4 This answering DEFENDANT alleges that PLAINTIFFS attorney lacks evidence with which to prosecute any claims made hereunder and that PLAINTIFFS attorney was aware of this fact at moment PLAINTIFFS attorney brought complaint and that the known lack of merit of these claims, based upon lack of specific evidence necessary to prove these claims, should subject PLAINTIFFS attorney to sanctions and penalties under FRCP Rule 11. AFFIRMATIVE DEFENSE 5 This answering DEFENDANT alleges that any injury, which DEFENDANT denies, occurred solely as a result of PLAINTIFFS negligent service quality and incompetence related to the oversight of PLAINTIFFS comic book grading, encapsulation and reholder processes and procedures. DEFENDANT alleges that PLAINTIFF employed management and other personnel severely lacking the experience required to properly grade, encapsulate & reholder comic books which has been substantiated by comic book collectors receiving graded, encapsulated and reholdered comic books that have incorrectly positioned labels, incorrectly documented labels, comic books encapsulated upside down, comic books encapsulated backwards, comic books damaged during encapsulation, comic books delivered in cracked/broken slabs. This Affirmative Defense is in no way an admission of any illegal acts asserted by PLAINTIFF.

Not sure why my original post disappeared Anyway this is another display of great detective work! Between you, Comicwiz and a few other boardies … yall have done 90% of the investigation while Inspector Clousseau & Colonel Mustard at CGC are stumbling & bungling, smokings bags of dried turds in the library with a candlestick while the serious research is being done here. CGC couldn’t catch a few burger filippers & Dominos drivers from bilking them for millions, how are they gonna investigate this chitshow CGC is done answering anything, they want this debacle to go away quickly with as little attention as possible. That’s why they only made the statement about fraud on these boards, not on other social media that is broadcast worldwide. The defendants are likely smarter than CGC so they will drag this on for years or it’s more likely that CGC quietly settles with a dismissal with terms sealed from public.

Hopefully this link should work, it’s the complete version of the CGC lawsuit vs ZANELLO & RIVA CGC vs ZANELLO & RIVA

Testing video link - Driving on Ice Driving into Euphoria

Looks like the 2 CGC employees who were scamming from “inside the house” were finally served the CGC complaint & TRO by handing the documents to Ayanna Terrazas.

There was definitely an inside man and also an outside man who had special privileges at CGC above others. When he submits books for reholder, he doesn’t even send in the book in a broken/cracked case, he just sends in a book and a label and CGC does the deed for him. I can’t mention his name or I get another week vacation, it upsets the natives.

That guy was awesome. His girlfriend was a supermodel, an airline pilot and her friends cousin sat next to the soundman for Jakyl.

Count 5, 6 & 7 are the first to be dismissed followed by most others for several reasons.

I was on a brief vacation for making the CGC natives restless which was related to posting a meme that has been posted several times before but I included CGC name & name of alleged fraudster. Meanwhile the head CGC cheerleader can post about things he’s done with CGC that are a violation of CGC policy but gets a pass cause he submits a 100 books a week. As stated below: “For reholder, I don’t care about the broken case, I just send in the label & book and CGC reholder's my book, no problems” in any case, to answer a question about Pacer, it’s easy to sign up and almost free. You are charged 10 cents a page and billed quarterly, if your quarterly bill is less than $30 then you are not charged. I downloaded most of the relevant documents to this CGC disaster and I think I’m at a total of $5 or $6 in my opinion, it’s beneficial for all citizens to have a Pacer account, download a digital copy of Federal Rules of Civil Procedure (FRCP), a digital copy of United States Code (USC) and the Civil Code of your state. 20 years ago I used to have a Westlaw account but I think you now have to be an attorney to have Westlaw, not sure but it was very beneficial to destroy a bonehead law firm as a Pro Se litigant & was well worth its weight in gold. I learned a long time ago that just because someone is an attorney, doesn’t mean they’re competent. The CGC attorneys in this current filing for Cause of Action if someone wants the entire CGC complaint uploaded here, let me know and I’ll do so if I can post the entire PDF, not sure if it’s allowed or perhaps it may upset the CGC natives and be my last strike