Now that I’ve gotten off my chest in Part 1, the basic injustices of the legal system in this country and the nonsense of the ACLU, back to the case.
After writing and filing the lawsuit against the group of wrongdoers — two big bully banks (one of which is an idiot mortgage servicing company), a property management services company that I like to refer to as “PMS” for the pain, gas, bloating and aggravation they’ve caused me, the local trash out company and the slimy realtor — came the assault from their attorneys. I forgot to mention, I made an error in my first draft so I amended it, not knowing that it would count against me when it comes time for the attorneys to attack it. Apparently you’re allowed only so many attempts to get it right before the judge gets pissed and tosses it.
Demurrer This, Serve That
I survived three major assaults to have my complaint thrown out of court, one from the banks’ attorney and two from the realtor’s henchman. Lots of writing, researching and rewriting went into it. I also didn’t realize that you have to essentially try your entire case on paper to some extent, making sure you have all the elements of a cause of action, before you can actually get to trial. These assaults in the early stages are called “demurrers” and they’re used to whittle down the number of defendants and your causes of action. Many states have gotten rid of this silliness but not good old California. The courts here must think everyone who lives in California is rolling in dough to waste or just too stupid to notice the stupidity.
At the same time I was fighting tooth and nail to get my case to stand, I was still trying to get some of the defendants properly served. “PMS” was difficult because they’re out of state. They also charge a lot more in that state for some reason to get the sheriff to drop off your documents. It’s not as if I were asking them to visit “The Matrix” and shimmy up some fire escapes to serve the defendants.
The second hardest was the local trash out company. Either the sheriffs in their neck of the woods were incompetent, vindictive or just in the trash-out company’s pocket, I don’t know, but when they sent back my paperwork with no explanation after screwing around with it for over a month, I hit the roof. I gave those fuckers a piece of my mind too.
Finally, after receiving my complaint, “PMS” refused to answer it. The attorney for that company told us he wanted to save his company the $395 filing fee. I was astonished considering he works for a company with billions in assets. I guess every nickel and dime counts for something with them. It’s probably why their own contractors have taken to the internet to complain about them. Penny pinchers!
Defaults and Defenses
I finally filed a default against “PMS”. That got the attorney off his butt. That’s when he came up with one of his excuses that God caused the trash out company to come to my house to threaten me and try to break in. I would have welcomed God himself at my house that day or anytime thereafter. Alas, HE was nowhere to be seen and HE was definitely out of earshot. Why just the other day I exclaimed “Dear God, please rain down a plague on the houses of my enemies.” I don’t know if HE heard me but with MY luck I expect to hear from the attorneys soon enough; they’ve been threatening me with summary judgment filings. I’ll let you know how that turns out when the time comes.
Of course all of them came up with a whole lot more nonsensical “defenses” that they plop down on paper just for the hell of it, even though it has nothing to do with the case. That’s how lazy they all are. They don’t actually “answer” your complaint.
You just read their crap and laugh, at least until it’s time to file more bullshit paperwork and then you cry. Stay tuned for more in this series.
Author Ginger Marin is an actor, freelance writer and storyteller. You can also find her on Google+
2 thoughts on “Part 2: Big Bully Bank Case: Operation Opposition ”
Too bad the banks don’t have to play by the rules the way everyone else does. In some states they have nonjudicial foreclosures which means they just walk into court with a bunch of made up paperwork and say they own the house and they get away with it. Where’s the proof? They don’t need any. Imagine if you or I claimed ownership of something. The first thing they’d ask for is the receipt.
I’m really enjoying reading your stuff. Thought I’d be the first to post to your legal blog stuff. Good read.