Defendants' Response to Plaintiff's Motion to Add Defendants and Amend Complaint Exhibit Umoore mona -oinsone sea nas aby eee Cr xo) s204en 4 IN THE SUPERIOR COURT FOR THE COUNTY OF COBB STATE OF GEORGIA CHRISTOPHER MOSES Vey ) | Plaintiff, } Civil Action File i v. Nor 05-1-8395.35 ) | TRATON CORP, and ) | RICK FOSTER ) ! 5 | Defendants. ) i DEFENDANTS’ RESPONSE TO PLAINTIFF'S MOTION TO ADD ‘DEFENDANTS AND AMEND THE COMPLAINT | COME NOW Traton Corp and Rick Foster (hereinafter sometimes collectively referred to as “Defendants”), Defendants in the above-styled action, and show this Court the following in support of this response to a Motion by Christopher Moses (hereinafter “Plaintif") to add the following: Poston Properties Inc., Dale Bercher, William Poston, Millbum Poston, Cliff Poston, Nellie Poston, Christopher Poston, Susan Heck, Tammy Calhoun and Rebecca Bryant (sometimes collectively referred to as “New Defendants”; Poston Properties Ine. is not included in this collective reference) and amend his Complaint once again." —— BRELIMINARY STATEMENT [As the Court is probably aware, this lawsuit involves a homeowner's attempt to set forth a claim for trespass damages to property he does not own, against individuals and entities who could not have caused the alleged harm, damages which are either nominal or completely absent. To give the Court a brief history, Plaintiff purchased a home in the Metro Atlanta area from an entity not named as a Defendant in this action. ‘The neighborhood he resides in was developed by yet another entity not named as a Defendant in this action. During the course of * Plaintiff bas already amended his Complaint on a prior occasion.construction, and later after construction ceased, vehicles cut the comer near where the Plaintiff's property is situated, creating ‘tire impressions or ruts in the grass located in the right- of-way. Plaintiff complained, and Defendant Rick Foster responded via email. On several occasions, Traton Corp gratuitously caused the damaged sod to be repaired and replaced. Traton Corp did this simply because it is an entity which from time to time works with the builder of Plaintifi’s home and the developer of the last phase of the subdivision. The final time Plaintiff complained, however, was after the development was completed and after the Plaintiff had been abusive by throwing sod on the property where the subdivisions. sales trailer was located and filing a Complaint with the Better Business Bureau, (Traton Comp ‘was neither the developer nor builder, and has no trucks of its own, thus, it could not be legally responsible to anyone for the damage alleged.) ‘The most likely scenario was that any damage ‘was caused by a moving truck, delivery vehicle or the like (ie. the normal traffic that any subdivision experiences on a daily basis). Additionally, looking at the property, there was no damage evident. All of the above information was communicated to the Plaintiff as well as to his counsel, Mr. Han, pre-litigation, Nonetheless, Mr. Han and Plaintiff elected to file suit on trespass ‘grounds (for the damage to the grass) against Traton Corp and its employee Rick Foster by filing 12 107 paragraph Complaint, In what seems like Plaintif's and Plaintiff counsel’s quest to make an example out of uilders, developers and the like, Plaintif’s counsel has engaged in what can affectionately be termed an inquisition, utilizing underhanded discovery tactics ~ serving an inordinate amount of Request for Admissions (300-350) and Requests for Production of Documents (amounting to virtually all printed and electronic corporate records for the last 10 years in electronic format, Page 2