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(Thread IKs: skooma512)
 
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Subvisual Haze
Nov 22, 2003

The building was on fire and it wasn't my fault.
Haven't been thrown in the debtors prison yet

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euphronius
Feb 18, 2009

in Pa I would say small claims judges are completely insane and don’t even read their judgments. just appeal

I don’t know about CA

shrike82
Jun 11, 2005

goondolences

Mr Hootington
Jul 24, 2008

I'M HAVING A HOOT EATING CORNETTE THE LONG WAY

FlapYoJacks posted:

gently caress this dumb court system and gently caress California.

On the LA court website:
- She owes us nothing.
- We owe her $300

Status: Judgment - contested

She flagrantly violates the law, retaliates repeatedly against us, fucks us out of our goddamn security deposit, and the judge is like "lol you owe her money."

What the gently caress. All landlords can go to hell. I am confused by the contested judgement.

Lol

Finish up your posts for the night buddy. That owning is getting enshrined on your rapsheet.

Also rip and wish you had won

A Bakers Cousin
Dec 18, 2003

by vyelkin

Subvisual Haze posted:

Haven't been thrown in the debtors prison yet

they call that the midwest now actually

Horseshoe theory
Mar 7, 2005

"I AM THE LAW!" - Every attorney/judge in the US

"The first thing we do, let's kill all the lawyers." - Tough, but fair mandate

Homeless Friend
Jul 16, 2007

FlapYoJacks posted:

gently caress this dumb court system and gently caress California.

On the LA court website:
- She owes us nothing.
- We owe her $300

Status: Judgment - contested

She flagrantly violates the law, retaliates repeatedly against us, fucks us out of our goddamn security deposit, and the judge is like "lol you owe her money."

What the gently caress. All landlords can go to hell. I am confused by the contested judgement.

lmfao

bobmarleysghost
Mar 7, 2006



judge probably sensed your tone as “too uppity” with all your law knowing and demands and poo poo

got to put you back in your place, don’t rise above your station, peasant

Gunshow Poophole
Sep 14, 2008

OMBUDSMAN
POSTERS LOCAL 42069




Clapping Larry
Dude stop posting about it and just ask your lawyer wtf

Pittsburgh Fentanyl Cloud
Apr 7, 2003


FlapYoJacks posted:

Even if I did (for the record we left it very clean) 1950.5 says she had 21 days to submit that poo poo. She didn’t.

I don't know California tenant law, but in PA if they don't send you the charges + remainder of security deposit in time they lose, game over, no recourse. This is pretty loving weird. Talk to your lawyer first.

Xaris
Jul 25, 2006

Lucky there's a family guy
Lucky there's a man who positively can do
All the things that make us
Laugh and cry

FlapYoJacks posted:

gently caress this dumb court system and gently caress California.

On the LA court website:
- She owes us nothing.
- We owe her $300

Status: Judgment - contested

She flagrantly violates the law, retaliates repeatedly against us, fucks us out of our goddamn security deposit, and the judge is like "lol you owe her money."

What the gently caress. All landlords can go to hell. I am confused by the contested judgement.

another CSPAM success story :toot:

euphronius
Feb 18, 2009

do you get de novo appeals in CA from small claims

FlapYoJacks
Feb 12, 2009

Mr Hootington posted:

Lol

Finish up your posts for the night buddy. That owning is getting enshrined on your rapsheet.

Also rip and wish you had won

save it for when I get the final judgement in the mail and talk to my lawyer tomorrow and I’ll gladly take it.
as pointed out, the contested thing is weird and I need to ask the attorney.

fits my needs
Jan 1, 2011

Grimey Drawer

Xaris posted:

another CSPAM success story :toot:

Pittsburgh Fentanyl Cloud
Apr 7, 2003


I also got lucky enough that my dumb prick landlord showed up to the hearing dressed like Bilbo in the first Lord of the Rings movie and proceeded to tell the magistrate that he didn't have a job and couldn't afford to honor his obligations, which was so blatantly stupid that the magistrate got pissed off. ymmv

Xaris
Jul 25, 2006

Lucky there's a family guy
Lucky there's a man who positively can do
All the things that make us
Laugh and cry

FlapYoJacks posted:

save it for when I get the final judgement in the mail and talk to my lawyer tomorrow and I’ll gladly take it.

honestly for real tho i'm rooting for ya. but lol america is really bad

actionjackson
Jan 12, 2003

I've worked with solid organ transplant data for more than seven years (biostatistician), though I'm starting a new job soon. This is a pretty huge story.

of course the biggest issue is our hosed up medical system, and the fact that organ donation is opt-in instead of opt-out

https://archive.ph/4HUFb

Janitor Ludwich IV
Jan 25, 2019

by vyelkin
you are the landladys bitch and you should have known your place

prepare for the countersuit reaming of a life time

Xaris
Jul 25, 2006

Lucky there's a family guy
Lucky there's a man who positively can do
All the things that make us
Laugh and cry
if all else fails, there's always the default goon option of oil+fire.

FlapYoJacks
Feb 12, 2009

Janitor Ludwich IV posted:

you are the landladys bitch and you should have known your place

prepare for the countersuit reaming of a life time

The counter suit was rolled into this one. Which may be what is causing this bullshit.

Mr Hootington
Jul 24, 2008

I'M HAVING A HOOT EATING CORNETTE THE LONG WAY

FlapYoJacks posted:

save it for when I get the final judgement in the mail and talk to my lawyer tomorrow and I’ll gladly take it.
as pointed out, the contested thing is weird and I need to ask the attorney.

Ok I'll wait for the final judgement tomorrow. That is fair and an actual completion to the story.

Vox Nihili
May 28, 2008

euphronius posted:

in Pa I would say small claims judges are completely insane and don’t even read their judgments. just appeal

I don’t know about CA

small claims judges aren't even real judges a lot of the time iirc

at least some of the small claims courts in California let random idiots dress up and play judge (volunteer attorneys, but still)

Pittsburgh Fentanyl Cloud
Apr 7, 2003


Vox Nihili posted:

small claims judges aren't even real judges a lot of the time iirc

at least some of the courts in California let random idiots dress up and play judge (volunteer attorneys, but still)

sounds like a really great system

Pittsburgh Fentanyl Cloud
Apr 7, 2003


If my landlord hadn't gone out of his way to antagonize the magistrate idk how my case would have turned out.

mastershakeman
Oct 28, 2008

by vyelkin

Pittsburgh Fentanyl Cloud posted:

I don't know California tenant law, but in PA if they don't send you the charges + remainder of security deposit in time they lose, game over, no recourse. This is pretty loving weird. Talk to your lawyer first.

Friend of mine had a landlord say he was keeping her deposit as punishment for her moving out early , acknowledged she had found a replacement and he didn't care. No lawyer would take her case in Chicagoland

Then a few years later a light pole rusted out fell over and crushed her in the loop (unconscious, broken leg) and she's trying to sue the city with the #1 law firm but she's probably gonna lose

The law is very mysterious

Xaris
Jul 25, 2006

Lucky there's a family guy
Lucky there's a man who positively can do
All the things that make us
Laugh and cry
gunna re-post the bad rear end Depression judge who made capital mad and they kicked him out. Judges didn't used to always be bad

Judge Samuel A. Heller posted:

Retired.

I SAT in the Morals Court for a year or so. One day I had twenty-three defendants, prostitutes. About five or six visitors attended. They were obviously slumming. I said to them: “It’s fortunate that we don’t have people here to come to revel in the misery of others. I’m delighted that sensitive people of your type are here.” (Laughs.)
The girls were all broke, not a penny among them. I thought the visitors were touched. One, the daughter of a former mayor, said, “I want to donate $25 for handkerchiefs, so the girls can wipe away their tears.” Handkerchiefs!

In the Thirties, I sat in many police courts. Monday was usually the most crowded day. Most of the drunks were picked up on Saturday night, and kept in jail over Sunday. This police officer was walking up and down with a biily. He hit them in the shins: “Stand up, you’re in a courtroom.” I said, “Get out of this court and come back without the club.” He said, “They’ve got to respect the court.” I said, “Do you? How dare you bring a billy into this courtroom?”

One of the fellows was bloody. He said the police hit him. This same officer said, “He was talking against the Government.” I said, “He’s not an enemy of the Government. You are. He has a right to his opinion.”

Those forty men were terror-stricken, standing in line. I said, “Are you afraid of me? Would you be afraid of me if you saw me on the streets? Please relax.” I saw some of them I had discharged scrubbing floors. One was washing an automobile. He said the captain told him to do it. I told the captain to pay this man fifty cents. Since when is he entitled to free labor?
Some men I had already discharged were being lined up against the wall in the back of the room. I discovered that a railroad agent was telling them: If you don’t work for us out in Dakota, the judge will send you back to jail. I said, “Get that man.” He ran out.

I called the railroad office. “There’s a man making an employment agency out of my courtroom. What’s his name? I’m issuing a warrant for his arrest.” They didn’t know, they said. So I threatened to issue a John Doe warrant and arrest whoever is in charge of that office. If it’s the president of the company, he’ll be arrested.

The man showed up the next day. He said the police and the other judges always let him do it. That’s how they got day laborers. They’d send ‘em out west for six or eight weeks and let ’em bum their way back.


There was a judge in those days who had fun with drunks. He’d say, “Hold up your hands. Ah, you’re playing piano.” Some of them had the shakes. I said to him, “My God, what are you doing? These people are scared stiff.”

These same judges who had fun with the wretched, oh, did they humble themselves in civil courts! They’d look at the names on the legal briefs. If it was a big firm, oh boy, did they bow! A lot of votes there from the bar association. These same judges, who were so abusive to the poor, were so scared here. You have a chance if the person coming in is as weak as you are—or as strong as you are. There are rights. Everybody’s got rights on paper. But they don’t mean three cents in actual life.

While sitting in the Landlord and Tenants Court, I had an average of four hundred cases a day. It was packed. People fainted, people cried: Where am I going? I couldn’t bluff them and tell them to make an application, there’s a job waiting. I was told my predecessor had taken down their names and qualifications. He promised them help. On my first day, I came across thousands of cards in filing cabinets. I told the clerk I was going to examine these files to see how many of these people got jobs. My mistake. Within twenty-four hours, all the files disappeared.

A woman with three children, one in her arms, walked all the way downtown. No carfare, no defense. Oh, they were all desperate and frightened. When I’d come in, they stand up. I would tell them: Will you please sit down, so I can sit down?

These defendants all had five-day notices: if you don’t pay rent in five days, suit to dispossess is started. There is no legal defense. Out of a job means nothing, sickness means nothing. I couldn’t throw these people out. So I interpreted the law my way: five days was the minimum. No maximum was set. I gave everybody ten days. Of course, I offended the real estate brokers. I made them still more angry by allowing an extra day for each child in the family. Finally, I was giving them thirty days.

About that time a group of real estate men invited me to lunch. Each was introduced: this one was five thousand tenants, that one, eight thousand. There were about sixty thousand tenants represented—if I may use that word—by these few men. After the meal, the man who had cordially invited me, suddenly became hostile. The others smiled, as though they knew what was coming up. He said,“I’m going to speak straight from the shoulder. Isn’t it a fact that judges favor tenants because there are more voters among the tenants than among the landlords?” All of them laughed.


I got up and said, “You didn’t speak straight from the shoulder. If you did, you’d have said, ‘Are you playing politics in court?’ Now I’ll answer straight from the shoulder. If I were playing politics, I’d play politics with youse guys.” I purposely used the vulgar expression. “Because you have long pockets and long memories, and you support those who serve you. Who are these tenants who come into my court? They’re destitute, out of jobs, poverty-stricken. When election day comes, one’s out looking for a job, another will sell his vote for fifty cents to buy his baby milk, and most will forget it. There’s no political reward in helping the poor. But what makes you think the man who sits in judgment between the landlord and the tenant must have the mentality of a renter?

“Someday you’ll succeed in intimidating the judge who sits in my place. He’ll have the chance of throwing four hundred families out on the streets of the city each day. When a man is hungry and out of a job, and nobody knows it, he can control himself. But when his few pieces of furniture are thrown out into the street, his neighbors know it. He has nothing to lose. A wise man comes along and says, ‘Idiots, why don’t you organize? Quit paying rent. When you get the five-day notice, ask for a jury trial.’ ”

One of the real estate boys said to me, absolutely astonished, “Can they ask for a jury trial?” So I said to this brilliant man, “What makes you think the right of trial by jury is limited to rent collectors?

“With a jury trial, you can hardly try one—at most, two—cases a day. At the rate of two thousand cases a week, in four months you’d have 32,000 people asking for jury trials. If they closed every court in this state, you still wouldn’t have enough judges to try your case. And then you’d wish there were a man like Heller, who had the courage to tell you: Why don’t you mind your own business and let him mind his business?”

One of them said, “I admire your candor, but you’re not doing yourself any good.” He was right. When I ran for office, the real estate organizations sent out thousands of letters: I have no respect for private property. They defeated me. They keep score. The poor are so busy trying to survive from one day to the next, they haven’t the time or energy to keep score.

There was a man running against me, who said you can evict people without notice, if it’s done peacefully. We agreed to have a public debate. He didn’t show up. In the election—in the very neighborhood where many of the tenants live—he got thousands of votes and I got hundreds.

During those hard times, I learned a good lesson. A good deal of the misery that the poor suffer—and ignorance—is due to the fact that they’re not organized. They’re isolated, brainwashed. I could have remained on the bench until I died. If I could have degraded myself . . . just go along. I couldn’t do it. But I was on the bench for twenty-one years—and that, to me, is a miracle.

Pittsburgh Fentanyl Cloud
Apr 7, 2003


The law really isn't that mysterious, don't have a hearing at 11:30 AM because the judge / magistrate is going to be hungry and he's going to be an rear end in a top hat. fin

euphronius
Feb 18, 2009

I’ve been in front of a few small claims judges that were just retired cops

Vox Nihili
May 28, 2008

Pittsburgh Fentanyl Cloud posted:

sounds like a really great system

90% of the hollowed out bullshit in America is due to an almost superstitious fear of collecting taxes and spending money on what is normal civic infrastructure in civilized countries

we don't even have standard court reporters in California anymore, they got rid of them during the cuts a decade ago so now if you want one you have to loving pay for it yourself

mastershakeman
Oct 28, 2008

by vyelkin

euphronius posted:

do you get de novo appeals in CA from small claims

Can you do that anywhere in evictions/small claims?

euphronius
Feb 18, 2009

all civil cases in PA small claims are de novo appeals to common pleas

you don’t even have to show up you can appeal a default judgment

I haven’t don’t them for years maybe I’m wrong now

Pittsburgh Fentanyl Cloud
Apr 7, 2003


euphronius posted:

all civil cases in PA small claims are de novo appeals to common pleas

you don’t even have to show up you can appeal a default judgment

I haven’t don’t them for years maybe I’m wrong now

I don't even know what my poo poo was, my lawyer handled all that stuff. thx lawyer

A Bakers Cousin
Dec 18, 2003

by vyelkin
have you tried taking them to larger claims court for a bigger judge?

Morbus
May 18, 2004

euphronius posted:

in Pa I would say small claims judges are completely insane and don’t even read their judgments. just appeal

I don’t know about CA

it's not uncommon to get split the baby judgements in CA small claims and it's not uncommon to get a reasonable judgement on appeal, either.

mastershakeman
Oct 28, 2008

by vyelkin

euphronius posted:

all civil cases in PA small claims are de novo appeals to common pleas

you don’t even have to show up you can appeal a default judgment

I haven’t don’t them for years maybe I’m wrong now

That's incredible

Pittsburgh Fentanyl Cloud
Apr 7, 2003


Flapjacks's landlady has literal loving brain damage. $14K claim on a tenant moving out because stuff was supposedly dirty. all the cleaning in the world doesn't cost $14K

Paradoxish
Dec 19, 2003

Will you stop going crazy in there?
Kind of funny if judges are so stupid that you can throw a laundry list of "damages" at them and rely on them to just pick a number in the middle and call it a day.

Pittsburgh Fentanyl Cloud
Apr 7, 2003


The landlord I sued was straight up reasonable compared to that

mastershakeman
Oct 28, 2008

by vyelkin

Pittsburgh Fentanyl Cloud posted:

The landlord I sued was straight up reasonable compared to that

Out of curiosity, how did you collect against him? Did your lawyer handle it and just cut you a check at the end?

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euphronius
Feb 18, 2009

Paradoxish posted:

Kind of funny if judges are so stupid that you can throw a laundry list of "damages" at them and rely on them to just pick a number in the middle and call it a day.

it’s called anchoring and it’s a big deal

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