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Law Educator Esq, I have a problem, 1st the court denied my…

Good evening Law Educator Esq, I...
Good evening Law Educator Esq,
I have a problem, 1st the court denied my mold report, because it wasn't enough what I submitted, which made me angry, because I spoke to MI&T about 5 times, even the manager, and they stated that it was all that I needed. Anyway, I had court on the 9th, and now I am scared to file anything, because for some reason the judge thinks that I am the 1 who has filed all this motions and he used the word DISMISSAL, he frustrated. So since the mold is out, I asked the defense to add pictures of my damaged personal property, because, although I submitted what the my insurance company required, the defense is questing whether I has ANY property loss at all. I also wanted to add a large scale of the basement from a document which is ALREADY in exhibits, I just need it to be on a professional large scale so the jury can see it. I knew that they would say no; however, I don't know what to do about how to address the judge about it. I am afraid to file another motion, but I was thinking about a precipe or whatever it's called. I don't know what to do to address the court right now. I'm pissed, because I haven't done anything but write oppositions from them attempts to dismiss.
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Answered in 14 hours by:
1/19/2018
Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 121,751
Experience: Attorney with over 24 years experience.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

You can still call MI&T to court to testify, even if their report is out. So call them as witnesses to testify, then you can get the report in and you can get their testimony about the mold heard by the court.

Furthermore, if you lose because of their negligent report, you can then sue MI&T for the damage them submitting a negative report has caused you. The company should have known better and should have submitted a proper report.

So I would call them and tell them you demand they write a proper report acceptable to court and if they do not do so, then you can later sue them for their negligence if this causes you to lose the case.

I would file to subpoena the mold company to court, then they can testify to the mold even without the report.

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.

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Customer reply replied 1 month ago
I am kinda of past that part, because the mold will get in, because the judge stated that I can inform the jury that I put Julie on notice about the mold, therefore, I can show that she broke the DC Mold Laws, 7 to inspect 30 to remedy, so there are ways to get it in. What I am concerned about right now is getting through pretrial and getting the evidence in that ms white needs to be my lawyer at trial. ms. white has already figured out how to get the mold in; plus she called the company herself. So like I was saying for some reason the judge believes that I AM THE ONE who is responsible for all the motions, and now I am gun shy to file anything else that I need. It's not fair at all, but that what it is. I kind of think the judge was just trying not to make it look like he wasn't showing favor to me, because he pretty much stated that he was frustrated because he has tried to help me, and the defense got mad by that comment. I don't know I am not a game player, but I have to file something to try and get the grid/graph blown up for trial, the exhibit is already in the exhibit, I just need to be enlarged by a professional so there are no questions, the diagram is from her Traveler's insurance with both her and traveler's on it. Then they are trying to state that i lost NOTHING at all in the flood. I submitted the list of items, which was all that State Farm required of me, but I took pictures anyway, just in case. In open court the last time, they quested whether I lost anything at all, so I want to be able to add the pictures of the damages and water levels. I am afraid to file another motion, in fear of the judge dismissing the case, so I don't know what to do

Thank you for your reply.

You need to get the company to court. You paid them for all of this inspection, they need to do it right. Even though you will get it in at some point.

The judge knows who is responsible for the motions, they can see who filed them all. So do not think that the judge does not know.

You need to file what you need to file, that does not piss off the judge as long as they are not frivolous.

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Customer reply replied 1 month ago
I had not paid anything to MI&T, the only information that I was trying to get from them and everyone, was is the information that I provided the court was enough to add an expert witness, it was determined it was not. It did provide what exactly what they would testify to, etc, so I didn't provide what they asked for. The judge said in open court that "he could dismiss the case, because it is not fair to the defense that I have filed so many " which we both know that is not the truth, but for some reason, that is what he believes, or said anyway, ms white was in there when he said that. the judge INVITED ms white to the pretrial on the 30th and she plans on addresses ALL of this in court, when he asks her opinion. I need to get prepared for pretrial on the 30th, I cannot do anything about the mold report at this time, besides, I don't need it, would have been great, to prevail in the case, if he stated that I couldn't bring up mold at ALL, that would be different, but he didn't, he knows with ms. white, the mold will get in. I am more concern about getting everything else in, do I need to file a motion, or can I just file a precipe. I have to file something in order to put it in the court system, so the judge can make a decision on it on the 30th. I NEED to get everything in at this point, and need to spend more time, learning the evidence laws, and work on arguments they will have to get my exhibits out. I requested the defense to add, which I knew they would say no, now I need to find a different way to get it in, without pissing off the judge even more. this is such BULLSHIT, I have been working my ass off, doing everything by the book, been cooperative to a fault, and now I feel like I am being further punished. It's like everyone, including the judge has forgotten who is ACTUALLY the victim here, it's all about how much this is costing the defense and how the julie can't afford this or that, while I have lost everything, on disability and cannot just go out and replace my basic items. Now I am afraid that if I do anything else, I risk the case being dismissed, it's unbelievable.

Thank you for your reply.

Okay. If the judge made that statement, you need to point out in the next motion that it has been the DEFENSE that has either filed the bulk of the motions OR has caused the Plaintiff to file them and that the Plaintiff is not filing them simply on their own accord. You would start off any new motion with that statement.

Also, when you go to pre trial you can point out to the court that the defense has filed most of the motions or caused you to have to file due to their refusal to cooperate.

You will have to point it out to the judge.

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Customer reply replied 1 month ago
I have a question that I thought of last night, but I don't know if it would back fire in my face, because I didn't do it sooner, like the mold testing, it was NEVER why julie didn't have it done, as to law, but why it took me so long to have it done, it wasn't my report to have done, in the 1st place. Anyway, as still a tenant, I could have the property inspected by DCRA, and although, julie has probably had a lot of the issues corrected, for example the drainage system, however, it will tell me if the 2 gas furnaces in the basement are too close to the sleeping area, whether or not the basement has ventilation, there are a lot of housing codes that can still be addressed, but again, I already know it going to be WHY it took you so long in the case to have it done, and they will BLAME me again, for something that is julie's responsibility. what do you think

Thank you for your reply.

Actually, it took you so long because it is the responsibility of the landlord. So it should not come back on you. You can also argue you thought Julie was a friend, so that is why you were hesitant to report her or take any legal action.

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.

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Customer reply replied 1 month ago
ms white is very upset by what he said and she is going to address it with the court and how unfair this has all been on me, that not only is it 3 against 1, the defense has been misleading the courts, etc to the point that I am afraid to file motions or anything in fear of upsetting everyone. I have to find a way were ms white is able to speak prior to us going over the pretrial exhibits etc, I think it would put in the judges head, that it hasn't been fair and that I have been harshly misunderstood. I would rather her talk about all of this prior to than after he has made decisions, it may backfire on me, but at this point, I feel that they are ALL against me anyway. I simply don't understand any of this, why in the hell would I want to write motions, time and time again, when I'm not a lawyer, so WHY would I write motions that I didn't need, it makes no sense

Thank you for your reply.

Good. Let Ms. White pick up this ball now. It will not backfire on you though when you point out that the defense has been the problem causing you to file.

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Customer reply replied 1 month ago
I have already argued ALL of that, but everyone still believes that I am wrong for suing her. If I send the DCRA over there at this point, I just don't know if it will backfire, yes, I would have the information that proves the violations; however, just like the mold report states that 30% of the air is toxic, didn't matter, it's still my fault that all this has happened. the defense has done a good job at shifting the blame and I can't believe the judge is falling for all of this

Thank you for your reply.
No only Julie and her unethical attorney believe you are wrong for suing her. Let Ms. White do her magic and she knows how to handle that issue.

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Customer reply replied 1 month ago
do you think that I should file a motion to add the photos and blown up graph on the basement, it's an official graph, with square footage, etc, the place is only 23 ft long, may bed is 6.5 feet, so that's about 13 ft, give or take, where the 2 gas furnaces were located, if I sat on couch it was only about 4 ft from furnaces, which are major housing codes, DCRA says it PROHIBITED to have them in the same room PERIOD.
Customer reply replied 1 month ago
ms white will tear her apart at trial, but I have to get to trial first, that is what I am trying to get done, she couldn't come in in the middle of pretrial, she can ONLY come in after pretrial, so I have to do the pretrial myself, that is why I am asking help with how I can get the other exhibits in. I have to get them in, so ms white can have everything that she needs, so I need help with what is the best way to approach this, when I have already been threaten by dismissal, i don't know what to do, to ask the judge to allow the pictures and the blow up.

Thank you for your reply.

So you have most of your exhibits in, she can get some of the others in as well. You need to just keep going as you have been and if you need to file anything else, use the statement above I told you to let the judge know you are being forced to do it.

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.

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Customer reply replied 1 month ago
ok, thank you. 1 other thing do you think a motion is really needed here or can I just use a precipe? If I dosn't have to go through the whole motion writing for consideration to allow photos and a blow up that is already in exhibits, which approach would you take, under the current circumstances. I just want the judge to consider talking of it on the 30th. I think he will understand why I want the photos, because in open court, they stated, something like, "we question if there were any personal property damage" how can you have a flood without any property damage. I am just going to tell the judge that the list was all that was required from State Farm; therefore, I thought it was acceptable. The blowup argument is that the basement is going to be a major focal point in the case; therefore, it makes sense that the jury is familar with the lay out of the basement. If you were me, which appear would you use, motion or precipe?
Customer reply replied 1 month ago
to me, with the mold test out, that there would be changes or adjustments made in pretrial preparations, because the whole nature of the case has changed for me, it doesn't effect them at ALL, because they have NEVER put on a defense in the 1st place, so they don't need to change anything.

Thank you for your reply.

Use a motion and argue that the photographs are informative and will help the judge/jury better visualize and understand the situation.

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Customer reply replied 1 month ago
ok, thank you; hopefully it won't piss him off, it kind of made it clear NO MORE MOTIONS, but my hands are tied, if I need them in. I shouldn't have to be afraid to argue my case. Have a good day

Thank you for your reply.

You need to state in your motion that you are not seeking to cause the court frustration but the motions you have filed you were forced to file by the defendant and you are not just filing motions to file them like many pro se litigants. State had the Defense cooperated in discovery and had they not sought to create delay as they have done you would not have to file any of these motions.

Law Educator, Esq.
Category: Landlord-Tenant
Satisfied Customers: 121,751
Experience: Attorney with over 24 years experience.
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Customer reply replied 1 month ago
ok, thank you, ***** ***** can't believe that I have to even worry about this, this is beyond crazy; especially since they haven't filed ONE MOTION in defense of their client! It's ALL unacceptable, and if this does go to court, the last motion that I will file is for SANCTIONS and I wish I could file 1 on Judge Kravitz, for making me feel that I cannot present my best case to the jury, without fear of him dismissing it. The courts systems are not made for Pre Se and that is flat out WRONG. You might as well tell EVERYONE who can't afford a lawyer, that justice is not for you, or we will make it so difficult that you shouldn't even try. Maybe, after I get my 1st book published, which I have them waiting, because of this case, I will write a book about no justice unless you have money and highlight ALL the BS a pro se must go through, if they can even make it to court. At this point I don't know if I am more frustrated and angry at what Julie did, or at what I had to have gone through thus far, to even try to get to trial. UNBELIEVABLE
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Law Educator, Esq.
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