ROCK ‘N’ ROLL HIGH SCHOOL - THE NEXT GENERATION RANDALL V. TOGAR NOVEMBER 2017
JAMES D. BLUME
OVERVIEW
Riff Randall is Plaintiff and Principal Togar is Defendant in a conversion suit in which the issue to be tried is liability. Riff Randall is a budding young artist who composed a song called “Rock ‘N’ Roll High School - the Next Generation” Riff happened to meeting Eddy Aim, the lead singer of a regional group call Eddy Aim and the Attackers. Riff traded the song to Eddy in return for two front row seats to an upcoming concert of theirs at the Gwinn Woodstock Memorial Concert Field. Riff went to school but was tardy that day. She was caught being tardy by Principal Togar, the Principal of the local high school, Judy Yarbro High. During the confrontation over Riff’s being late, Riff used the excuse of getting the tickets, which she showed to Togar. Riff says she put them in her pocket. Later they were found by the school’s janitor and he gave them to Togar. Togar, instead of returning them to Riff, donated them to the Little Sisters of the Poor, who raffled them off. The issue of liability for conversion is the issue to be tried. Plaintiff will call Riff Randall and Eddy Aim. Defendant will call Togar and Kolton Wong, the school’s “Sanitary Engineer.”
PLAINTIFF’S WITNESSES
1. RIFF RANDALL
2. EDDY AIM
DEFENDANT’S WITNESSES
1. PRINCIPAL TOGAR
2. KOLTON WONG Cause No. 17-111-A
§ RIFF RANDALL § AN INDIVIDUAL § § IN THE PETRO COUNTY Plaintiff, § § v. § § DISTRICT COURT PRINCIPAL TOGAR § AN INDIVIDUAL § Defendant. §
STIPULATIONS OF THE PARTIES
The parties agree and stipulate as to the following:
I.
This is a civil action that will be tried before a jury. Plaintiff, Riff Randall, an individual citizen of Texoma, is suing in an individual capacity. Principal Togar an individual, is the Defendant. The cause of action on which Plaintiff is going to trial is a claim for conversion resulting from the conversion of personal property belonging to Plaintiff. The parties will only try the issue of liability.
II.
There are no defects in the pleadings. Defendant has properly appeared and answered. The court has both subject matter and in personam jurisdiction over the parties. All questions of fact are being submitted to a jury. Questions of law will be decided by the court.
III.
All exhibits included in the case materials are authentic and are accurate copies of the originals. No objections to the authenticity of the exhibits will be entertained. The only exhibits to be used at trial are those included in the case packet. The signatures on the witness statements and on all other documents are authentic.
IV.
Riff Randall and Eddy Aim are to testify on behalf of Plaintiff. They may not testify for or be called on behalf of Defendant. Principal Togar and Kolton Wong are to testify on behalf of Defendant. They may not testify for or be called on behalf of Plaintiff.
V.
STATEMENT OF STIPULATED FACTS Page 1 of 2 Plaintiff must establish the following elements of conversion by a preponderance of the evidence. To sustain the burden of proof, Plaintiff must prove by a preponderance of the evidence that 1) Plaintiff owned, possessed, or had the right to immediate possession of property, 2) the property was personal property, 3) Defendant wrongfully exercised dominion or control over the property, and 4) Plaintiff sustained damages which were proximately cause by the actions of Defendant. Elements 4 is admitted.
VI.
The following instructions will be submitted to the jury:
The occurrence in question made the subject of this lawsuit is an occurrence that happened on or about April 9, 2017.
The term "preponderance of the evidence" means the greater weight and degree of credible evidence admitted in this case.
"Proximate cause" means that cause which, in a natural and continuous sequence, produces an event, and without which cause such event would not have occurred. In order to be a proximate cause, the act or omission complained of must be such that a person using ordinary care would have foreseen that the event, or some similar event, might reasonably result therefrom. There may be more than one proximate cause of an event.
“Personal property” means property that is not real property or affixed to real property.
The measure of damages in conversion is the loss of value, that is, the fair market value of the property at the time and place of the conversion.
VII.
The Charge of the Court is accurate in all respects, and no objections to the Charge will be entertained.
VIII.
The following issue will be submitted to the jury:
Did Defendant convert personal property of Plaintiff?
Answer “Yes” or “No”: ______
STATEMENT OF STIPULATED FACTS Page 2 of 2 RANDALL v. TOGAR NOVEMBER 2017
STATEMENT OF RIFF RANDALL - PLAINTIFF
My name is Riff Randall and I am a senior at Judy Yarbro High School in Texoma City, Texoma. Besides being in high school, I am a nationally known composer of rock music. After all, I wrote “Rock ‘N’ Roll High School - the Next Generation”, which has sold a million zillion copies of Eddy Aim’s new album which went Triple Platinum!
But everyone asks if I based it on the original song “Rock ‘N’ Roll High School” and, you know what’s weird? I never really listened to the original. I sort of remember the original movie because my parents had a VHS tape of it. So maybe I heard it when I was little kid?
Anyway, I wrote this song and made a demo of me singing it. It was so fab that I decided it should be done by somebody really big, you know, with a record contract and stuff. Then I read that Eddy Aim and the band, the Attackers, were playing a gig in Texoma City at the new Gwinn Woodstock Memorial Concert Field. That was my opportunity! I found when they were coming to town and skipped school to go meet them.
Everything worked out great. When they got to the hotel, the Four Seasons - Russellville, I was right there in the lobby. I told Eddy I had the perfect song for the band and they looked at it. They thought it was so far out that they traded it for two tickets, front row center, at their concert! I was having an Empyrean experience!
But, then, reality returned and had to go to YHS. Bummer. Just to make my day complete, that whiner Principal Togar caught me sneaking back into school. I got dragged down to the Principal’s office to explain myself. I decided to take a big chance and tell the truth. When the Principal found out where I’d been, I was told to prove it and show the tickets. I did, and I put the tickets back in my pocket. They must have fallen out or something. Later I talked to Kolton Wong, the school’s Sanitary Engineer, who told me he had found some tickets but couldn’t remember anything about them. He said he gave them to Pricipal Togar. I heard that the Principal donated the tickets to some charity.
Well, I’m not going to put up with that abuse! My song sold a zillion million copies and I’m entitled to a large cash payment! I saw an ad on late night TV for the Texas Tornado and I hired a lawyer and I’m suing!
SIGNED this 13th Day of September, 2017.
Riff Randall RANDALL v. TOGAR NOVEMBER 2017
STATEMENT OF EDDY AIM - PLAINTIFF’S WITNESS
My name is Eddy Aim and I am the lead singer of the Attackers, the greatest band to ever come out of Texoma. We’ve been everywhere and seen everything and nobody can hold a candle to us!
I first met Plaintiff some time in early April of this year when we were coming back home to play at Texoma City’s new venue, the Gwinn Woodstock Memorial Concert Field. We’d heard it was a great place with great acoustics, as long as it didn’t rain. Anyway, we were heading into our hotel, the Ritz-Carlton Russellville, when this scruffy looking person accosted us in the lobby. We were presented with some music and a demo tape which this person claimed to have written. We went up to the room and played the demo. The name of the song was “Rock ‘N’ Roll High School - the Next Generation.” It was catchy, you know?
“Rock, rock, rock, rock Rock ‘N’ Roll High School
Well I don't care about history. Rock, rock, rock'n'roll high school 'Cause that's not where I wanna be. Rock, rock, rock'n'roll high school I just wanna have some kicks. I just wanna get some chicks. Rock, rock, rock, rock, rock'n'roll high school”
Well, you know the rest. After all, we put out a new album with it as the lead song and we sold a myriad of copies - enough to make a Quadruple Platinum record!
So I had our manager give Plaintiff the two best tickets in the house - front row, center. Riff thought it was a fair trade and left very very happy.
Later I heard this officious character of a principal stole the tickets from Plaintiff and didn’t even use them! They got given away to somebody or another. What a bad trip!!
SIGNED this 13th Day of September, 2017.
Eddy Aim RANDALL v. TOGAR NOVEMBER 2017
STATEMENT OF PRINCIPAL TOGAR
I am Principal Togar and I am, by the grace of the School Board of Texoma City, the principal of Judy Yarbro High School. It is a great honor that has been bestowed on me and I must be diligent if I am to live up to the Board’s expectations. This high school has a great tradition to uphold as our namesake was an incredible academic, holding no less than three Ph.D.s. They were in Human Ecology, Historiography, and Psychohistory. She was a giant in the field of education.
Unfortunately, I took over this job in a crisis as my predecessor was run over by an out- of-control Seelhoff SUV. Had to do with a run away Gallardo wandering the roadways, or something. Anyway, the poor woman was flattened and it was just ghastly! Thus I was thrust into the job overnight and I discovered this school certainly needed some work!
The teachers were all plotting behind my back and the students were almost in open rebellion. The final straw was the seniors inviting some person named Ramone to speak at graduation. How outlandish! He was some kind of music person, I don’t know exactly what. Well, I put a stop to that.
Then there was this Randall person. Riff was never on time, and openly disrespectful. After the fifth occasion of tardiness, I decided to draw a line in the sand and make a statement. I caught Randall sneaking in late one morning and we went to my office. I demanded to know the reason for the tardiness. I was told that Randall had been visiting with some rock and roll band. I thought that was ridiculous and demanded proof. I was presented with two tickets to some concert. I then handed them back to her. Later our sanitary engineer, Kolton Wong, came to me and said he had found these two tickets. They looked vaguely like the tickets Randall had shown me, but I wasn’t sure. So I called my friend who was a counselor at the Little Sisters of the Poor. I was told that they would be happy to take the tickets and raffle them off. She thought they could make money. And, sure enough, the tickets were raffled off next week, the day of the concert, for $500.00. It was quite a coup for them!
That is all I remember about this disagreeable person and this untoward incident.
SIGNED this 13th Day of September, 2017
Principal Togar RANDALL V. TOGAR
NOVEMBER 2017
STATEMENT OF KOLTON WONG
My name is Kolton Wong and I am a witness in this matter. I am a native of Hilo, Hawai’i, and a proud citizen of the Hawaiian Kingdom. I am currently 27 years old and used to be a professional baseball player. I graduated from the University of Hawai’i and was drafted by the St. Louis Browns organization. I was injured and my baseball career ruined. So I took the only job I could get: Sanitary Engineer for Texoma City Independent School District, working at their big high school.
On April 9, 2017, I was making my rounds at Yarbro High School. I had cleaned all the class rooms and was working on the administrative offices. In the reception area outside Principal Togar’s office I found something weird. Sitting on the floor besides one of the reception chairs were two tickets. I looked at them and they were for some concert of some band that I have never heard of before. I didn’t know what to do with them.
I picked them up and went and saw Principal Togar. I told her what I found and she asked to see them. She said she knew what to do with them and dismissed me. She didn’t ask me anything about them, such as where I’d found them.
About three days later I was accosted by Riff Randall. She asked me if I knew anything about some Eddy Aim concert tickets. I told her I didn’t remember but I had found some tickets a couple days before. She exlcaimed, “that must be them!” and asked me what I had done with them. I told her I had given them to Principal Togar. She said “Oh, BUMMER!” and took off.
Later I heard that Principal Togar had donated them to some charity.
That’s all I know about this.
SIGNED this 13th day of September, 2017.
Kolton Wong
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