The best answer I can give is "sort of". I was assigned that space (#399)
about 15 - 20 yrs. ago and this is the first time it's been an issue, but I don't
have the letter i received from the "parking commitee" at the time.
I was under the impression that complete/accurate record-keeping was
one of the duties management companies are responsible for maintaining.
The out-dated document (1971) shows my unit assigned to (space #44) and
I have NEVER parked there - in fact, in 1971 I lived in Virginia and didn't have
a driver's license yet.
Can I offer any further info?
The party who has the supposedly valid rental-lease the towing company
claims they acted on (lswfully or otherwise) I believe live in the unit above
mine. Their car is parked in the spot I was towed from (#399).
Can I have her subpoenaed to produce that lease in court - which would
show the space (#399) was provided/granted via the mangement company
staff to her directly or through the unit owner - the parking info can only come from
one source - the management co.
I'm thinking that would satisfy the JP's requirement, in written form.
What are your thoughts, counselor?
P.S. I don't know the name of the renter, just the address...and the unit-owner
has a California address on file with the Clark County Assessor's office.
What would be the best way to have either one or both served?
Just to clarify, I would expect the renter's lease agreement to
have Space #399 written into it currently as provided by/furnished
by the management co. - erroneousIy due to their nearly non-existent
office records. This is what would provide proof that the mangement co.
instigated this situation through their own negligence - not through any
fault of mine or the renter/unit owner.
Additionally, the only advice/remedy offered by the mgmnt. co. was for me
to have cars towed from Space #44 because that would be in line with their
written record - i rejected this as no-remedy, an invitation for disaster: property
And because Security has MY info only on-file in their records as the
sole property owner assigned to Space #399 along with my unit #, doesn't
that strengthen the integrity of my argument that I Am Not The Bad Guy in this
fiasco which has left me without a secure, assigned spot in which to park my car!
Currently, my only choice is Guest Parking if available, or seek public parking on the
street. Does Justice Court offer any relief for this - or only monetary remedies?
I welcome your opinion, and I now know Justice Court and Smal Claims only look alike.
I apologize for my ignorance regarding proper service and filing procedure and
appreciate your patience.
Can I file one complaint for "Unlawful Towing" and list multiple co-defenants on the
one (1) complaint? (versus one complaint per defendant)
Also, until one party produces the lease in court, I won't know if a real estate agent is involved
but at that point, isn't it too late to do anything about it? My understanding is that day in court is my
final opportunity to address this matter.
In order to "subpoena the security records" do I name say, the security guard who was
on duty the night they towed my car, and HE would then produce those records in court?
Can a subpoena be served to a legal resident of an address without naming them specifically?
What I'm after is the lease to be produced in court - not whether it's Mom or Dad Tennant
who delivers the document. Correct?
I know it's late, and I don't know what kind of hours you keep, Socrateaser.
Not sure what happened to your last post.
I got a notification, but all I can find is my last post.
Most of my questions have been answered, though.
i just have a couple of small - and quick - items left
and I think you'll have me sufficiently squared-away.
Shoot me an email any time you're available later today.
Can I file one complaint for "Unlawful Towing" and list multiple co-defendants on the one (1) complaint? (versus one complaint per defendant)
A: You can, and in fact you must sue each defendant in the same lawsuit -- or you lose your right to sue those who you do not join in the action. To join multiple defendants, each one must be "fairly traceable" to the transactions and/or occurrences which caused your injury.
Also, until one party produces the lease in court, I won't know if a real estate agent is involved but at that point, isn't it too late to do anything about it? My understanding is that day in court is my final opportunity to address this matter.
A: If another person appears to be a defendant, then you ask the court to postpone the hearing and permit you to join another defendant, because you were unaware until the time that the lease was produced that another defendant existed.
In a regular civil action, you would initiate discovery before trial and then once you had the lease, you would amend your complaint to join the other defendant(s). But in a small claims (or any action where there is limited discovery and only one hearing), you would have to request a continuance, so that you could join/amend and then issue a summons to the new defendant.
In order to "subpoena the security records" do I name say, the security guard who was on duty the night they towed my car, and HE would then produce those records in court?
A: You name the "custodian of records" for the security company, and specify the records that you seek. This is called a "subpoena duces cecum" (subpoena for personal appearance and production of evidence).
A: Only a "custodian of records" can be named by reference. Anyone else must be specifically named.
What I'm after is the lease to be produced in court - not whether it's Mom or Dad Tenant who delivers the document. Correct?
A: If you are not suing the tenant(s), then you're making a mistake. You don't know who put #399 into the lease, and since you don't, then you must assume that it could be anyone through whose hands the lease has passed (tenant, landlord, property management, security company, property owner, etc.).
Sorry about the delay this morning. Going to the airport used to be a simple thing...
I was wondering if you had any suggestions regarding best-use of info such as
a vehicle plate number to identify renters/tennants for proper service?
I believe that is my final question.
Can you recommend any resources that can check a vehicle license plate number
to find out the name of the registered owner?
Do you have a "Top 5 DON'Ts To Prevent Shooting One's Self In The Foot"?
A: Other than to hire a lawyer, I strongly suggest that you spend some time in the judge's court watching trials. That way you will have a better idea of the judge's predispositions and what's likely to work -- and visa versa.
That's what I do, when I've never been before a particular judge before. You've already been before the judge, but when you're prosecuting your own case, you're not able to "see" what's actually happening, because you're too busy thinking about what you need to do. If you're watching and listening from the audience, you will see a completely different courtroom.
Hope this helps.
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