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Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
Experience:  Landlord-Tenant Law Expert
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This is a strange case. Briefly, as commercial tenants in a

Customer Question

This is a strange case. Briefly, as commercial tenants in a lease contract, we filed a complaint for breach of contract versus the landlords. They in turn filed an FED against us. Of course, their case was heard nearly immediately while our complaint wasn’t heard for nearly two years later.In the FED hearing, we were represented by an attorney who submitted evidence and exhibits during that hearing. We lost the FED with the judge not agreeing with our argument that we were due setoffs under the terms of the lease and didn’t have to pay a portion of the rent.A year later, we had our hearing for our complaint of breach of contract and we represented ourselves pro se. Being pro se litigants, the Defendant’s attorney became the attorney responsible for case management. Their attorney did the following:
- Submitted supplemental disclosures four days after the deadline to do so, which were allowed into evidence at trial.
- Submitted a Proposed Case Management Order to the court without including our complaints, evidence or witnesses, claiming that we ignored an email asking for such. We submitted an Amended Case Management Order including the above for both parties. Prior to trail and at trial, the Case Management Order was never approved by the judge.Two weeks prior to the trial, I submitted supplemental disclosures to their attorney.In court, the judge ruled that I could not use as evidence any of my supplemental disclosures as punishment for not having them listed in the Proposed Case Management Order which controls the trial, but was never approved by the judge. He also ruled that I could not use any exhibits that were put into evidence during the FED hearing, even though both hearings have the same case number.What’s more, the lease itself was never submitted into evidence by either party as an exhibit at this trial, but was used as if it had been. The judge also attempted to recall exhibits put into evidence from the FED hearing (such as photos), but would not allow those photos to be put into evidence as exhibits at trial, which I had in the courtroom with me and they other attorney had of course had since the FED.And, lastly, the only evidence that I was allowed to enter as exhibits were those provided by the Defendant in their supplemental disclosures, yet the Defendant had the opportunity to object to those exhibits essentially allowing or disallowing me of their use.One more thing. It wasn’t until the trial that the judge ruled that I was a third party beneficiary with standing to sue and to represent myself (as opposed to representing the LLC.) I had timely served discovery on the defendant, which they objected to at the time claiming I could not act as an attorney. The judge never ruled on their objection, so I was unable to get documents and answers to my interrogatories.I intend to motion for a new trail and/or an appeal.My question: With regards ***** ***** law, what legal arguments do I have in how the Case Management Order, Discovery and Evidence & Exhibits was handled?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 1 year ago.
You may argue that there was absuse of discretion, arbitrary decision making and failure to afford you due process and consideration of your positions during the earlier positions, and that the court erred as a matter of law.
Expert:  Infolawyer replied 1 year ago.
Kindly let me know if that is acceptable.