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Share questions and answers about civil litigation.

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10/18/17 1:25 AM by PONDEROSA1

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7/23/17 5:52 PM by MARCELLA2




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PONDEROSA1

Civil Litigation

Flurry of Motions

4. Plaintiff would have paid for the vehicle if he could have gotten it within the 1 hour that he arrived at the XXXXXXX Towing to pick it up, but the employees would not release it for any amount of money on Sunday. They all said Plaintiff had to wait until Monday contrary to the law. 5. The Defendant has tried to state that this law only applies to some other purpose but there is no exception to this rule stated in the law. POLICE POLICY is not law. 6. Plaintiff refused to provide the extra fees added on for overnight storage contrary to the law stated above. Plaintiff would have gladly paid the fee within the one hour he was there on Sunday, July 9, 2017. And we have phone recorded proof of this. 7. If we had wanted to avoid paying fees we would not have put out so much money to bring the Defendant to justice for holding vehicles longer so he can get more money for the public at large. He not only does this to us but to all those whose vehicles he brings into his Towing yard on weekends. 8. A maxim of law states, “He who does not forbid a crime while he may, sanctions it.” 9. The defendants have not proven that they are entitled to any amount of money. WHEREFORE, Plaintiff respectfully moves this court for an Order denying the Defendants’ Motion to Dismiss.

PONDEROSA1

Civil Litigation

Flurry of Motions

PLAINTIFF’S RESPONSE TO DEFENDANT’S MOTION TO DISMISS: VERIFIED MOTION TO STRIKE DEFENDANTS MOTION TO DISMISS If any statement below is found to be incorrect or not standing in law the rest is in full force and effect. COMES NOW the Plaintiff, XXXXXXXXXXXXXXXXXX Ministry, by and through the undersigned Karl XXXXXXXXXXXX enters this response in opposition to the Defendant’s Motion to Dismiss. The Plaintiff moves this Honorable Court to deny Defendant’s Motion to Dismiss, and as grounds therefore would show that there is a dispute as to the material facts, as evidenced below. FACTS The Plaintiff objects to the Defendant’s Motion to Dismiss in its entirety and we state thus: 1. No proof of receipt of email has been put into the record of the supposed emailing of the Motion to Dismiss that Defendant says he sent us. We just found it today, Oct. 17, 2017 on the Web docket DAILY CHECK. 2. The frivolous accusations Defendant has expressed about the proper or non-proper way the car was towed has no bearing on this case. 3. The Defendant has admitted that they towed Plaintiff’s car claiming to be closed in violation of Florida Statute 2015 FL Statute Title XL Ch. 715.07 – (2)(a)1a). “Any towed or removed vehicle or vessel must be stored at a site within a 10-mile radius of the point of removal in any county of 500,000 population or more, and within a 15-mile radius of the point of removal in any county of less than 500,000 population. That site must be open for the purpose of redemption of vehicles on any day that the person or firm towing such vehicle or vessel is open for towing purposes, from 8:00 a.m. to 6:00 p.m., and, when closed, shall have prominently posted a sign indicating a telephone number where the operator of the site can be reached at all times. Upon receipt of a telephoned request to open the site to redeem a vehicle or vessel, the operator shall return to the site within 1 hour or she or he will be in violation of this section.” (Emphasis added)

PONDEROSA1

Civil Litigation

Flurry of Motions

15. As such, the plaintiff's frivolous complaint is subject to dismissal, with prejudice. and the Defendant requests that this Court do so. 16. The Defendant has been forced to retain the undersigned attorney to combat the abuse of the legal process in which the Plaintiff has engaged, and has agreed to pay him a reasonable fee for his services, and the Plaintiff should be forced to pay said attorney lees insofar as his conduct has resulted in frivolous litigation. WHEREFORE, Defendants request this court dismiss the plaintiffs complaint, for an award of attorncy’s fees and for all other relief to which defendants prove themselves entitled. RESPECTFULLY SUBMITTED this 12th day of October, 2017. CERTIFICATE OF SERVICE [PLAINTIFF NOTE--NEVER REVEIVED AND NO SENT EMAIL COPY ATTACHED] I HEREBY CERTIFY that 21 tme and correct copy of the foregoing Was furnished via electronic mail to the Plaintiff, on the above-referenced date. ABCD LAW FIRM-RICHARD ABC, III, Esq. Florida Bar No.1 Attorney for Defendants [4] EXHIBIT - 1 LYNN POLICE DEPARTMENT Offense I Incident Report GENERAL OFFENSE INFORMATION Report Type: Cumulative Report On XX/XX/2017, at approximately 12:40 p.m., I was patrolling the area of State Road XXX and Highway XX. I observed a 1984 red Mercedes- Benz passenger car, bearing license plate BACON with an expired registration decal. After confirming the registration ofthis vehicle was expired as of 6/9/2017, I conducted a traffic stop at 1317 HOHO Avenue. I made contact with the driver, who identified himself as Levi via a Commonwealth of Israel ID permit. I asked Mr. XXXXXX for a valid driver's license, and he pointed at the ID card he handed me and stated that he had one. I conducted a computer check and was unable to verify a valid license in any state, or any other identifiers for Mr. XXXXXXX. Further investigation also revealed no social security number for Mr. XXXXXXXXX. Due to the above facts, Mr. XXXXXXXXXXX was placed under arrest for No Valid DL and secured in double locked cuffs and placed in t

PONDEROSA1

Civil Litigation

Flurry of Motions

7. When Mr. Schonwalder was placed under arrest for driving without a valid drivers license, Officer XXXXXXXXX followed department policy and informed the driver that the car he was driving was subject to towing by a contracted tow service at his expense. [LEVI TOLD OFFICE HIS PARENT WERE ON THE WAY TO TAKE POSSESSION OF THE CAR] 8. The Delendant tow company was employed to tow the vehicle away and to store it at the driver’s expense. [IT WAS PARKED IN A CVS PHARMACY PRIVATE PROPERTY PARKING SPACE] 9. Contrary to the assertions of the Plaintiff, this was not done pursuant to Florida Statutes Section 715.07, but rather as a result of the criminal conduct of the driver of the vehicle, “Levi XXXXXXXXXXXX”. 10. Consequently, the remainder of the Plaintiffs claims are either misplaced or outright misapprehensions of the law. 11. Of particular note are the constitutional claims, which are apparently predicated upon alleged violations of the ?fth and fourteenth amendments to the US Constitution. 12. While these claims might seem super?cially attractive to the Plaintiff, the alleged deprivation of property was not even alleged to have been perpetrated by a government agent, and therefore the constitutional elements of the Plaintiff s claim are not cognizable under Florida or Federal case law.[defendants are agents of the state via. corporation entity] 13. As an aside, and contrary to the claims of the Plaintiff, the Defendant did not categorically refuse to return the vehicle, however said return was conditioned upon payment of the fees for towing and storage. which the Plaintiff refused to provide. [DEFENDANT CLAIMED TO BE CLOSED CONTRAY TO STATE STATUTE] 14. At the core of it all. the Plaintiff s claims are simply thinly-veiled attempts to avoid the ?nancial consequences of his son’s decisions and to skip out on the tab for the towing and storage of the vehicle his son was illegally driving. 15. As such, the plaintiff's frivolous complaint is subject to dismissal, with prejudice. and the Defendant requests that this Co

PONDEROSA1

Civil Litigation

Flurry of Motions

I just received, via internet look up,as we do daily, that the defendants(4 people) now (10/12/2017)have counsel and here is filed a Motion To Dismiss as follows (redacted) [notes and emphasis added]: CAPTION COMES NOW, the Defendants REDACTED TOWING AND RECOVERY, LLC et al, by and through undersigned counsel, and ?le herewith their motion to dismiss pursuant to Rules l.l30, 1.210(a) and l.140(b)(6), Fla. R. Civ. P., and in support of same state: 1. This is an action captioned “Amended Verified Complaint”, which alleges a “deprivation of property without due process of law in violation of Plaintiff‘s rights pursuant to the Fifth and Fourteenth Amendments to the Constitution of the United States of America and FL Statute Title XL Ch. 715.07”. 2. The Plaintiff claims damages, apparently as a result of the claimed constitutional violation, “Which exceed $840.00.” 3. The “Amended Complaint” filed by the Plaintiff is largely composed of nonsensical ramblings, is utterly devoid of legal merit, fails on its face to state a cause of action and is therefore of no moment and should be dismissed. 4. As an initial matter, it should be noted that the “property” of which the Plaintiff asserts he was unlawfully deprived was a vehicle which was, at the time pertinent to this action, being unlawfully operated by one “Levi REDACTED". Who Was not licensed in the state of Florida to operate a motor vehicle. See LYNN REDACTED Police Department Q)j"en.\'e/'Incia'ent Report, attached hereto and incorpomted herein as Exhibit 1. 5. When Mr. REDACTED was stopped by officer Christopher REDACTED With the Lynn REDACTED Police Department for an expired registration, it was discovered that Mr. Schonwalder did not possess a valid drivers license, and he ill fact produced an Israeli ldenti?eation card when asked for his drivers license. 6. The vehicle he was driving was not owned by or registered to him. The registration of the vehicle was from another state and had in fact expired.

JURISDICTIONARY

Civil Litigation

Flurry of Motions

Please read the Small Claims rules in Florida where you will find that in general you do not have the right to discovery unless the other side is represented by counsel, when you do have the right to discovery. Motion for rehearing as quickly as possible. Also motion for reconsideration (they are not the same thing).

PONDEROSA1

Civil Litigation

Flurry of Motions

In the small claims court here on Florida, I filed PLAINTIFF’S FIRST REQUEST FOR ADMISSIONS AND INTERROGATORIES TO DEFENDANT in accordance with Rule 1.340, Florida Rules of Civil Procedure giving the Defendants 30 days to respond. Defendants did not respond and I presented the MOTION FOR SUMMARY JUDGMENT at the pretrial hearing. All defendant were present. The judge said it is up to him (judge) if he would allow the Admissions or not and denied the Summary Judgment and sent us in for Mediation which turned out in Impasse. I went on to tell the judge that the cause was to go be for a jury and he said that I must request it. I said that I did in the original Complaint. This judge didn't even rear the Complaint. What am I to do?

ALLA1

Civil Litigation

General Discussion

Really glad to see the forum monitored and people getting help when they need it.

JURISDICTIONARY

Civil Litigation

General Discussion

Open the EXTRAS menu and click the online legal research button and as quickly as possible use Requests for Production to force your opponent to prove what is alleged.

B2

Civil Litigation

General Discussion

Find another residence and buy it. They want you gone.

ALLA1

Civil Litigation

General Discussion

I have a new multiple dwellings residential lease that was mailed to me by certified letter. It's a five page lease from a new landlord. There are no explanations in the envelope, just the lease. The building is not sold. The new landlord is most likely a wife of the building owner and co-owner of the building. The current landlord is a proven scumbag. He sued me six times without making any repairs in the apartment for several years. He lost thousands of $$$ because the judge gave me 50% rent abatement. That lasted close to a year. In addition, the judge ordered that landlord accepts my security deposit as a rent payment for 1 month because the landlord did not put my security deposit in the bank and did not give me the name of the bank. The landlord attempted to extort money from me twice so far. This is the most horrifying rental story in my entire life. Now I have a new landlord (most likely wife) and a new property management company. New landlord does not have her name on the Certificate of Occupancy of the building. I checked with the New Jersey State authorities. The new lease does not allow me to have an air conditioner. They want me to be responsible for fixing plumbing problems. They are trying to impose ridiculous charges and limit their responsibility for habitability to zero. The lease is full of these ridiculous demands that only a scumbag landlord is capable of inventing. I know that many people will ask why I live in that damn place. I am working on this problem, but so far, I accomplished nothing. My lease has to be reviewed by a lawyer. I went to a legal site looking for a qualified lawyer. I want a lawyer to give me at least two docket numbers that I can look up on New Jersey courts website. I am looking for a lawyer that works with residential tenants not landlords. I found no qualifying lawyers, let alone the enormous charges they want. Do you, folks, have an advice for me?