版主 and all:Choice of filing MOTION TO REARGUE or MOTION TO OPEN

Hi guys: sorry for taking more space from this forum for just a small case, but I really feel bad when the fact gets distorted.


The whole story is in the previous post ( at the time I am writing this one, the previous one is still on the first page of this forum):

除了付款，我真的別無選擇嗎?
http://web.wenxuecity.com/BBSView.php?SubID=law&MsgID=97716

I have filled out the Motion to Open form already at the time another lawyer, whom I contacted before, called and suggested me to file 'MOTION TO REARGUE', I am a little hesitating as 'MOTION TO REARGUE'has to be granted by the same judge. Who would commit what he decided was wrong :-(

What is your take ?


Even though I was not quiet sure, I did some research in online Connecticut Law library and wrote a letter to file MOTION TO REARGUE,
May I get your professional advice whether it can prove to the judge to grant the Motion to Reargue:

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MOTION TO REARGUE

Pursuant to Connecticut Practice Book § 11-11, the defendant (name here), respectfully move this Court for an order permitting reargument on the decision rendered by the Court, (State of Connecticut –Superior Court Centralized Small Claims), in the above-captioned case on July 20, 2009, wherein the Court granted a judgment in favor of the plaintiff, DJ GUTTERS LLC DBA DJ GENERAL CONSTRUCTION, for a payment of $2535.00 for the damage and court cost.

In support of this motion, the defense more specifically represents as follows:

1. There is no written contract between Plaintiff and Defendant for the deal that the Plaintiff claims for $2500.00. Per Sec. 52-550. Statute of frauds; written agreement or memorandum, this contract is not enforceable because it is over $500.00.


2. If the invoice was sent to the defendant before the delivery, the defendant would not let the delievery happen

3. The Plaintiff did not deliver the right material. As per the invoice, the Plaintiff should o deliver soil (or top soil, as the Plaintiff claimed during hearing). In fact, the delivered material is unscreened fill (attachment 1: pictures taken from the scene), which is much cheaper than soil (or top soil). The highest quotes Defendant got for 80 yards fill material delivered is $1100.00(attachment2: All available quotes)

4. Because the material has been delivered, the Defendant had offered the plaintiff a very reasonable price for the fill material, which was the second highest quote ( please see attachment 3: the offer letter Defendant sent to Plaintiff) but it was not accepted.

Based on the above, reargument is appropriate pursuant to Connecticut Practice Book § 11-11, and the defendant respectfully request that the Court grant reargument, modify its decision, and enter judgment for Defendant to make a reasonable payment to Plaintiff.

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Thanks alot for any inputs!

My hu*****and keeps telling me to give up but I would like to give a last shot...