Ronnie Montrose wants his 59' Burst back....from Gary Moore

[* velcro-fly *]

i wish

me too can you imagine ???

 

[* velcro-fly *]

News article:

http://www.contracostatimes.com/news/ci ... ck_check=1

 

[RoccaforteAmps]

wow

 

[lllazarrr]

News article:

http://www.contracostatimes.com/news/ci ... ck_check=1

I can't open the link to the article

 

[JTyson]

me either

 

[Death by Uberschall]

Kind of odd that as public as Gary Moore has been with that guitar over the years, RM should have spotted it long before now.

 

[EXPcustom]

The only thief here is Ronnie Montrose's lawyer.

This guitar was purchased in good faith. Gary Moore is in the UK so how are they going to serve him with papers unless he comes to the USA? Even if they serve him and he never shows up and they get a default judgement they still cant by law force him to surrender the guitar. All they can do is award monetary compensation.

This is not a criminal case they cant seize evidence so...

Moore is in possesion of the guitar and can claim it is a different serial if he choses to or not disclose the serial, then have a expert wood witness on the stand to state it is possible that the guitar has a different top that is similar.

Its a frivalous lawsuit at best and the only ones winning are the lawyers.

There is a difference between doing the right thing and the legal thing.

How the hell is this frivilous??? Purchased in good faith is meaningless if an item is determined to be stolen. There is a concept in the law that if an item is stolen, the theif cannot pass good "title" to whoever he sells it to and therefore no one who comes after the thief can have good title to the goods. Therefore, the original owner can reclaim the goods. This is the theory which allows hiers to try to obtain return of items stolen during war etc.

If this was truly stolen (and not sold) and there is proof (ie police report), then Ronnie should and most likely will get it back.

Problem is Gary Moore and the guitar are in the UK. If I was Gary Moore I would tell the US lawyers to get bent. They can try and serve him papers.

We are not talking about war treasures or criminal war proceedings at the Hague. This is a guitar that disappeared over 30 years ago and unless Montrose has tons of cash to send process servers overseas and file a claim in the UK to make the summons even binding he is not getting shit, just his money taken by the lawyers.

Bottom line is no civil court can make anyone return property only monetary damages of the item at the time of loss, meaning he can only get back what it was worth at the time of loss. He should have just filed this in small claims and tried for 750 bucks back.

Oh, I see what you are saying now, they took his money, knowing they could not do anything about it. I did not know a civil proceeding could only result in monetary awards. wonder why that is?

Sorry for the late reply...

4th amendment- no one can be deprived of property without due process and they have to have a warrant to enumarate what items are seized. This only applies to criminal since in civil court you cant issue a warrant to seize property for evidence.

They can order that the guitar be returned in lieu of monetary damages but they cant actually force him to return the guitar.

In other words if Montrose wins the judge can say Moore has to pay 500k to Montrose or instead of paying he can return the guitar.

Then it would be up to Montrose to actually try to collect the money from a non citizen. Moore's accounts are probably in the UK so good luck with that.

 

[Death by Uberschall]

Was Gary Moore playing at the event or seen at the event where the guitar was stolen?

 

[Deleted member 3860]

...

 

[Gainzilla]

News article:

http://www.contracostatimes.com/news/ci ... ck_check=1

I can't open the link to the article

Changing the last part of the url (click_check=1) to 0 should let you in.
http://www.contracostatimes.com/news/ci_12448890?nclick_check=0

Good Lord, I just read this in that article;

Ed Roman, owner of Ed Roman Guitars in Las Vegas, has served as an expert witness in stolen guitar cases for the estate of late guitar great Jimi Hendrix. He said Montrose faces an uphill battle, primarily because the alleged theft occurred so long ago.

Roman said the Hendrix estate and Paul McCartney have been unable to retrieve stolen guitars in cases where they knew who had them but were unable to overcome the years gone by.

"If it is more than 10 years ago, the person who has it usually keeps it," he said. "I doubt Ronnie is going to be able to get it back."

Ed Roman LOL!!!

 

[headlessdeadguy]

Kind of odd that as public as Gary Moore has been with that guitar over the years, RM should have spotted it long before now.

For real!! Plus...What better to record a stolen riff with?

 

[EXPcustom]

See what a fiasco this has become Ed Roman is now involved.


Like I said the real thieves are Montrose's lawyers.

 

[Anonymous]

The only reason Ed Roman is involved in any of this is because he's probably trying to retrieve the guitars for the people, then promptly BUY THEM HIMSELF.

 

[Marshall Law]

 

[EXPcustom]

The only reason Ed Roman is involved in any of this is because he's probably trying to retrieve the guitars for the people, then promptly BUY THEM HIMSELF.

Do you believe Ed gets paid to sit in a court room and tetify as a "Expert witness" regrading guitars?

I would have him testify as a "Expert Thief"

 

[ke2]

Didn`t Gary get that guitar from Peter Green?
Maybe RM should chase Green instead

 

[clef]

Anyone else thinks the language used in that document doesn't seem very "official" ? I think it's a fake

Giga.

I was thinking the same thing

 

[thiswaythatway]

I remember the days of $500 used les pauls, and marshall amps, I paid $450 for my 1981 2204 in 84
and $350.00 for my 1977 2203 those were the days

I bought a JCM800 2204 for $400 in 1995. Good deals are out there.

 

[bunghole]

anyone who would pay six figures for a guitar is a schmuck plain and simple.

 

[boof]

anyone who would pay six figures for a guitar is a schmuck plain and simple.

It all depends on your bank account.....
Claptons blackie was just shy of 7 figures at $959,500 sold at auction