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Law Educator, Esq I thought I was done with motion writing,

hello Law Educator, Esq I thought...
hello Law Educator, Esq
I thought I was done with motion writing, but wrong, they put a motion in today, Motion to for leave to file reply, they are getting on my nerves. The courts allow 7 days to file supplement to general order, it has been a month. Anyway, I have been looking for years to find out if a text from a 3rd party, not on lease agreement can give notice to evict. I don't think it really matter, because regardless they still haven't properly evicted me, spelled out clearly with the eviction laws in DC, regardless of the reason ALL eviction must be registered with RAD, and since she never registered with DCRA, it make it hard for her to evict me legally. Anyway, she is trying to say that this text message from a co-owner of the house, who doesn't live there, and is not on the lease agreement is notice to vacate, which is BS, but I still have to oppose the motion. This text message has been in their procession for over a year along with the so called document "termination of lease" which I never received and it wasn't in discovery, it just popped up a month ago, I am getting tired of all the crap, ADR is on Nov 7th, now they are saying it would be prejudice to their case if this text message in not included. It would only prejudice my case since they have had my whole case for over a month to review, and now, they are trying to have another chance to respond to my opposing their own motion, the courts should not allow this BS to continue. Really a text message from a person NOT involved in the case at all, and has no legal standing to evict me because she is not on the lease agreement. I am going to send my motion opposing it on Monday, but I was trying to find any laws regarding that, but it only says a lawyer can evict, as a 3rd party, not anyone else. Do you have any knowledge on this, I couldn't even find any case law on such BS crap, but there is NO WAY the judge should allow this, it will totally affect me case, that is why they have a 7 day deadline, so this crap doesn't happen, how can it not be prejiduce to my case to have it over a month, than file a motion to have a chance to respond to my opposing there motion, how is that fair. She crying it would hurt her case in the light of this new text message, that wouldn't even be considered factual evidence in a court room. Sorry so long, frustrated.
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Answered in 4 days by:
10/18/2017
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 120,098
Experience: Attorney with over 24 years experience.
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

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I would reply by objecting to the motion for leave and state this is a dilatory tactic and there is no proof this third party is a co-owner and even if they were a co-owner, you had no notice they were or that they were acting as her agent and as such the message is meaningless to this case. Also, state text message is not proper written notice for eviction.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 120,098
Experience: Attorney with over 24 years experience.
Verified
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Customer reply replied 1 month ago
hello, i cannot believe the judge granted that motion. the last motion out is the 1 where they are asking the amended complain be thrown out, the judge is the 1 who allowed it, the 1 who said, it easily meets pleadings, but after today, there is no telling what will happen. the deadline for the judge to answer motions is friday, so we will see if all the work i did as worth it, they haven't provided the courts with 1 shred of factual evidence, their whole case is built on lies, and just asking the courts to believe just what they saY, WE'LL SEE

Thank you for your reply.

You just need to object to their motion and explain

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Customer reply replied 1 month ago
i can do that? I don't want to annoy the judge when he hasn't decided on the last one, and I would only have until Friday, besides, I don't know what else I could argue, I pretty much said everything, I was SHOCKED HE ALLOWED IT
Customer reply replied 1 month ago
to be honest I don't have anything else, today sucker punched me today, and I am emotionally too drained to write another motion, so I will just see what happens and go into ADR from that decision. When it is all over, i will be filing sanctions against them for the tactics of both of her attorneys. I am feeling sick, so I am just going to bed. Have a great evening

Thank you for your reply.

If the judge has approved their motion already, it is too late to object to that motion for leave and you need to object to their motion itself.

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Customer reply replied 1 month ago
a
i have already filed a motion opposing their motion for partial summary judgement, that was the last big 1, that about to do me in, that is the 1 waiting on a response by friday on. i disputes ALL their undisputed facts they put down, but who knows, this is the courts. he stated i easily net requirement to everything, so he would basically undo his on ruling in my favor with the pleadings
Customer reply replied 1 month ago
I am not worried about the motion itself, because in the courtroom it will not have much value against the facts, I am concerned of the judges decision, if he can allow that after a month late, and a document that goes to no allegations against her, that makes me a little nerves that he will make another BS decision, that would undue everything that I have worked on all year. I cannot drive myself crazy waiting on the decision, but I am still kind of pissed by his decision today, it is just crazy to allow that

Thank you for your reply.

The judge is likely giving them all of the rope he can for them to hang themselves and avoid them trying to appeal the decision claiming he should have allowed something he denied.

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Customer reply replied 1 month ago
I hope you are right, because this makes NO SENSE AT ALL. I did think that for a few seconds, then I remembered Judge Kravitz allowed the whole pants case, when he let that $1000 per a pants cost the Defense like a half a million case, or something crazy like that.

Well, this whole case does not make much sense the way they are fighting it instead of simply settling the matter with you.

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Customer reply replied 1 month ago
AGREE AND MY LAWYER FOR ADR AGAINS as well, it's ALL just nuts and I pray that is what the judge is doing, but he even if he deny their motions on the partial summary judgement, he would be giving them false hope, and they may think they could win at trial. I want this to be all over on the 7th!! I won't drop it if it goes to trial, I will fight to the end, but I am tired and ready to move on with my life. I even thought throughout, if it got dismissed during the process, that I would just refile, since I already have the whole case ready, but I MADE IT THROUGH ALL THEIR BS MOTIONS AND TRICKS, and it would SUCK if I don't get any justice

Even if they do introduce this text, as I said, if you had no knowledge they were co-owner or acting as agent for the woman AND they did not give you actual written notice, not just a text message, then this whole thing is irrelevant and a smoke screen and you need to call it that with the court.

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Customer reply replied 1 month ago
OK, you are right, I am going to try and get some rest and rest my mind. Thank you so much for your encouraging words, I REALLY needed that today.

Thank you for your reply.

Yes, you have a good defense to this nonsense even if they do bring it up.

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Customer reply replied 1 month ago
thank you God knows I have given up everything for over a year to defend myself, I had to write out damages that I have suffered for arguments for punitive damages, and I just broke down, I had not had time to process all my losses, including the very close relationship that I had with her kids, the loss of all my artwork, all my baby brother's belonging that I kept after he died on his motorcycle, I mean the list goes on and on, and I didn't realize that I was affected so much by it. I will probably for sure break down all the way when I have time to feel.

I think if you present your case as you have laid it out here and the evidence supports everything you said it does, you will be fine.

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Customer reply replied 1 month ago
in my heart I believe that too, but I can't have too much hope, it would kill me, if the judge allows their partial summary, when it has already stated that I EASILY MET THE REQUIREMENTS ON ALL COUNTS, they would have to have something GREAT, for a judge to undo his own decision, and they have not provided any factual evidence at ALL, the little evidence they have, I never received and they have no paper trail or anything, indicating that I ever received ANYTHING from her, NOTHING. ALL the answers under oath, have been lies, and I provided factual evidence in black and white, disputing, I would be SO OVER IT; I told my lawyer is this happens I will probably go to jail, because I would have to be held back not to KICK HER ASS AND STOMP HER IN THE DIRT, that's how ANGRY I AM

You need to use the legal system and just keep your focus. They are trying to get you angry to knock you off your game.

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Customer reply replied 1 month ago
I am focused on the case, I am working on preparing all the documents for the ADR. LOL, I may be on a little pity pot right now, but I allow myself 6 hours to do so, then I am off, but I am focus, besides nothing is in my hand right now to do, but wait and then prepare for either thing the judge might bring. Even if for whatever reason he allows the amended complaint to be dismissed, I still have to prepare for the original complaint, it's just a huge difference in the dollar amount, amended asking rent back from 2014, original from 2016, but I still have to fight for everything bit of justice. I would just request more punitive damages to offset some of the rent, if the judge rules in there favor. The honest fact is that I am very proud of myself, and already have a personal victory, everyone said that I couldn't make it pro se, but I knew that I could and I did, no one can take that from me, the rest would be the icing on the cake. I SIMPLY WANT HER TO BE HELD RESPONSIBLE FOR ONCE IN HER LIFE, and I want to be the one who gives her a little bit of her own medicine, but only through justice, SMILE, NOT BEATING HER ASS IN THE GROUND, LIKE I WOULD LOVE TO DO, WIN OR LOSE

Thank you for your reply.

You should be proud of the work you have done on this case. Keep it up.

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Customer reply replied 1 month ago
Thank you

You are welcome.

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