AZ
I am currently the Plaintiff in the middle of a legal dispute between my former landlord and two other defendants. I filed my initial complaint, to which the landlord, an LLC, filed an answer, and the other two defendants filed a motion to dismiss(yet to be ruled on over a month and a half later). I filed a Response to the motion to dismiss and filed a motion to strike parts of the Landlord's answer because they did not affirm, deny, or state that they lacked sufficent knowledge to affirm or deny specific avertments, as well they brought up a couterclaim in their answer that violated Res Judicata, because their counterclaim was identical and asked for the same relief to a claim we argued in court during a Forcible Detainer two weeks before they filed their answer. After I filed my motion to strike the Landlord obtained an attorney and responded to my motion to strike by requesting the Court to allow her to amend the LLCs answer. I filed a Memorandum in Reply to her Response to Motion to Strilke because it is not in the course of justice for someone representing themselves pro se to file a motion or pleading, being held to the same statutes and rules of civiil procedure as a lawyer, and then after they mess up run to a lawyer and try to get the Court to give them a second chance. That is why the Courts recommend to Pro Se litigants to obtain legal advice BEFORE they file something.
Today in the mail I received a Notice of Appearance for Oral Argument for Motion to Strike, and it is my opinion that I am being railroaded because the Court and Justice I went to for the FD is the same one preciding over my personal lawsuit, and it seems now like it did in the FD that the Court is trying everything they can not to rule in my favor because they don't respect Pro Se litigants like they do lawyers. I am considering a motion for a change of venue, but I know that would just piss the Justice off more, and nevertheless I am going to request a jury trial if it goes beyond mediation and a Pre-Trial conference.
My question to all the legal experts and Judges out there are do you think I am overreacting and the Justice will do the right thing under the statues and law? I am doing everything in this case by the book and have paid for legal guidance before I filed court documents and motions and everything I've done has been legally sound, within the time limits and guidelines of the Arizona Rules of Civil Procedure and can be supported by evidence. My second question: Is an oral argument really necessary when I argued substantially for the portions to be stricken from the record and the only response from the Defendant's lawyer is "it is the Defendant's opinion that the best course of action is to allow the Defendant to file an amended answer"....i just think that is not sufficent and the Judge should rule in my favor.
I am currently the Plaintiff in the middle of a legal dispute between my former landlord and two other defendants. I filed my initial complaint, to which the landlord, an LLC, filed an answer, and the other two defendants filed a motion to dismiss(yet to be ruled on over a month and a half later). I filed a Response to the motion to dismiss and filed a motion to strike parts of the Landlord's answer because they did not affirm, deny, or state that they lacked sufficent knowledge to affirm or deny specific avertments, as well they brought up a couterclaim in their answer that violated Res Judicata, because their counterclaim was identical and asked for the same relief to a claim we argued in court during a Forcible Detainer two weeks before they filed their answer. After I filed my motion to strike the Landlord obtained an attorney and responded to my motion to strike by requesting the Court to allow her to amend the LLCs answer. I filed a Memorandum in Reply to her Response to Motion to Strilke because it is not in the course of justice for someone representing themselves pro se to file a motion or pleading, being held to the same statutes and rules of civiil procedure as a lawyer, and then after they mess up run to a lawyer and try to get the Court to give them a second chance. That is why the Courts recommend to Pro Se litigants to obtain legal advice BEFORE they file something.
Today in the mail I received a Notice of Appearance for Oral Argument for Motion to Strike, and it is my opinion that I am being railroaded because the Court and Justice I went to for the FD is the same one preciding over my personal lawsuit, and it seems now like it did in the FD that the Court is trying everything they can not to rule in my favor because they don't respect Pro Se litigants like they do lawyers. I am considering a motion for a change of venue, but I know that would just piss the Justice off more, and nevertheless I am going to request a jury trial if it goes beyond mediation and a Pre-Trial conference.
My question to all the legal experts and Judges out there are do you think I am overreacting and the Justice will do the right thing under the statues and law? I am doing everything in this case by the book and have paid for legal guidance before I filed court documents and motions and everything I've done has been legally sound, within the time limits and guidelines of the Arizona Rules of Civil Procedure and can be supported by evidence. My second question: Is an oral argument really necessary when I argued substantially for the portions to be stricken from the record and the only response from the Defendant's lawyer is "it is the Defendant's opinion that the best course of action is to allow the Defendant to file an amended answer"....i just think that is not sufficent and the Judge should rule in my favor.
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