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On Monday, November 17, 2014 5:29:40 PM UTC-8, rickman wrote:
I know. But it will still catch their attention. Defendant did not respond to Order to Show Cause (not serving plaintiff) and the Judge did not follow through with the Order. Did the judge not understanding the Order, or the Court Order means nothing. If the court erred, they should be held accountable.
On 11/17/2014 11:53 AM, edward.ming.lee@gmail.com wrote:
On Monday, November 17, 2014 8:13:27 AM UTC-8, jurb...@gmail.com wrote:
If they actually squatted, they should not win the case. No disagreement there. Now if they stopped paying rent because the roof caved in or something...
In my case, the root leaked for one day, did not cave in. I spent thousands to repair it afterward. But he seems entitled to living free forever because it leaked one day. It never leaked again. This is just an excuse, if not for this, there are others. He even stated in his answer that he is withholding rent because there are missing shelfs in the fridge. Any sane judge would see that he is just gaming the system.
And some people are that much of an asshole to sue in a case like that..
I am pretty sure to get a net judgment against the defendant, but probably unable to collect from the deadbeat. I am angry at the court to allow such non-sense. After the eviction, will take it to the federal court to sue the state.
I may not be a lawyer, but I'm pretty sure you are fighting both an
uphill and a losing battle. States have sovereign immunity meaning you
can't sue them unless they agree to it. Obviously this has some
limitations such as complying with Federal laws and such. But you will
be hard pressed to try to recover any losses unless you can show they
acted with malice or denied you your rights. Since your problem is that
they followed due process, you just don't like the time it takes to do
that, I think you are just shortening further the short end of the stick
you were handed.
I know. But it will still catch their attention. Defendant did not respond to Order to Show Cause (not serving plaintiff) and the Judge did not follow through with the Order. Did the judge not understanding the Order, or the Court Order means nothing. If the court erred, they should be held accountable.