Pro Per: Issues With Court and Incompetency

[argue4u]

What is the name of your state (only U.S. law)? Arizona

Originally from Michigan and Just moved to Arizona.

My question is how to deal with a court that doesn't file papers on time, refuses rightful motions and documents, a judge that has no legal background, and dealing with an auto insurance attorney.

To make matters worse, the "Justice of the Peace" has no legal background but was elected to be a "Judge/Justice".

Basically, I filed a small claims lawsuit against the owners of a vehicle regarding a parking lot accident in the Maricopa Justice Court in Arizona. It was in a private lot so police did not come out nor would they make a police report. The Defendants' insurance company intervened and removed my case to regular civil court where attorneys are allowed. This is what happened next:

1. Their first response was a motion to dismiss my case with prejudice based on failing to state a claim.

2. Immediately thereafter and on the same day I: (1) filed an amended complaint (as of right), (2)brought in a motion to amend (just in case, which they refused to take), (3)filed a request for admissions, (4) and a response to the motion explaining that I had stated a claim as required in small claims, however, now that in regular civil court, I must be allowed to amend my complaint to meet the more strict requirements.

3. I was not allowed to request an oral argument.

4. I received a response to my response to Defendants' motion to dismiss (I was not allowed to respond).

5. I received a letter from the court stating that I could not amend my complaint and my amended complaint was returned to me.

6. I called the court and they explained that because a lawyer was now representing the Defendants I could not amend my complaint without a motion. I explained I didn't need a motion but had tried to submit one anyway when I filed the amended complaint to which they agreed I was right on all counts.

7. I immediately sent the court (and other attorney) a copy of my amended complaint, again, with a motion (not required based on procedure rules), just in case.

8. The Clerk in charge of my case was out of town for a week and never entered my documents into the record.

9. Meanwhile, Defendants' lawyer filed a motion to dismiss my amended complaint.

9. The Judge ruled and dismissed my case with prejudice.

10. I contacted the court which confirmed that the Judge never considered my amended complaint despite it being timely and filed twice.

11. I have since filed a motion to set aside the order dismissing my case as well as a response to Defendants' motion to dismiss my amended complaint.

What do I do now? I'm so confused. The court isn't taking my case seriously. I know I am right. I know the court erred. I can't even seem to be permitted an oral argument. It's clear there is bias here against a pro per litigant, and the funny thing is, I'm getting ready to take the bar. I don't sue on a whim and this is the first lawsuit I've ever filed. I know my case has merit and that I'm being discriminated against for some unknown reason unless it is simply because I'm in pro per.

Really, any advice would be appreciated on how to handle things.

 

[Mass_Shyster]

Appeal the dismissal

 

[argue4u]

I shouldn't try to set aside the order of dismissal first? That is what I'm doing currently.

 

[tranquility]

I shouldn't try to set aside the order of dismissal first? That is what I'm doing currently.

What are you going to bring in that will make the judge change his mind? He's already decided, you have no new evidence, this wasn't a default.

Appeal.

 

[argue4u]

1. In small claims you are given a form that allows you to write about six sentences for your complaint. In those six sentences you have to state jurisdiction, venue, amount, etc. You cannot possibly provide an adequate complaint for regular civil court. It would serve an injustice if Plaintiff's weren't allowed to amend complaints to meet the court they have been required to be transferred to and in which they did not choose.

2. I was allowed to amend my complaint based on the rules. I tried. Due to court error, the amended complaint never reached the judge before he ruled on his motion to dismiss. Whether it would have made a difference or not, I don't know, but the judge should have at least considered it in making his decision, or, at the very least, ordered I amend the complaint.

As an update, I called the court and was told the following:

a) The motion to dismiss my amended complaint will be decided on the 1/13/14.
b) My motion to amend my complaint will be decided on 1/17/14.
c) My motion to set aside the order of dismissal will be decided on 1/24/14.

Do you see my point? Nothing makes sense. How you can you rule on a motion to dismiss an amended complaint when you don't decide the motion to amend the complaint in the first place?

Furthermore, as my case was dismissed, aren't motions prior to the dismissal and not yet decided moot?

Appealing is my last-ditch effort because my case isn't worth a ton and I want to avoid paying appeal fees. By taking the route I am now, I don't have to spend any more on filing for the time being. An appeal probably would be better, but, I think appealing would also annoy the appeal court because I didn't try this method first.

 

[tranquility]

1. In small claims you are given a form that allows you to write about six sentences for your complaint. In those six sentences you have to state jurisdiction, venue, amount, etc. You cannot possibly provide an adequate complaint for regular civil court. It would serve an injustice if Plaintiff's weren't allowed to amend complaints to meet the court they have been required to be transferred to and in which they did not choose.

2. I was allowed to amend my complaint based on the rules. I tried. Due to court error, the amended complaint never reached the judge before he ruled on his motion to dismiss. Whether it would have made a difference or not, I don't know, but the judge should have at least considered it in making his decision, or, at the very least, ordered I amend the complaint.

As an update, I called the court and was told the following:

a) The motion to dismiss my amended complaint will be decided on the 1/13/14.
b) My motion to amend my complaint will be decided on 1/17/14.
c) My motion to set aside the order of dismissal will be decided on 1/24/14.

Do you see my point? Nothing makes sense. How you can you rule on a motion to dismiss an amended complaint when you don't decide the motion to amend the complaint in the first place?

Furthermore, as my case was dismissed, aren't motions prior to the dismissal and not yet decided moot?

Appealing is my last-ditch effort because my case isn't worth a ton and I want to avoid paying appeal fees. By taking the route I am now, I don't have to spend any more on filing for the time being. An appeal probably would be better, but, I think appealing would also annoy the appeal court because I didn't try this method first.

Um...who are you arguing with? I made no comments on the merits of your case. I merely presented the fact the judge is not going to change his mind because you are not saying anything he hasn't already heard from you.

You have a dismissal in the case making an appeal ripe. The clock is ticking. You don't want to appeal a denial of your motion to set aside the judgment as that is going to have a much higher standard to win at the appellate level. Make sure you file your appeal on the timeline of the judgment and not on the timeline of the motion to set aside.

 

[argue4u]

Um...who are you arguing with? I made no comments on the merits of your case. I merely presented the fact the judge is not going to change his mind because you are not saying anything he hasn't already heard from you.

You have a final judgment in the case making an appeal ripe. The clock is ticking. You don't want to appeal a denial of your motion to set aside the judgment as that is going to have a much higher standard to win at the appellate level. Make sure you file your appeal on the timeline of the judgment and not on the timeline of the motion to set aside.

I didn't intend to be argumentative. I apologize if I came off that way. I'm just frustrated and flustered with the court and unlike a good neighbor, the insurance company is never there. Certainly did not intend to argue with you. I was just trying to understand better. I do have six months to appeal the order based on the court rules so no issue there. My set-aside motion is based on court error with procedural rules as support explicitly stating I'm right. If the judge were to dismiss my set-aside motion at this point, it would look pretty bad for him to an appellate judge. The set-aside motion is black and white court error and neglect.

If I'm wrong in my approach, what if anything should I do? I've already submitted the set-aside motion.

 

[Zigner]

...the insurance company is never there.

I disagree - it sounds like the insurance company is doing a bang-up job for their client.

 

[tranquility]

I didn't intend to be argumentative. I apologize if I came off that way. I'm just frustrated and flustered with the court and unlike a good neighbor, the insurance company is never there. Certainly did not intend to argue with you. I was just trying to understand better. I do have six months to appeal the order based on the court rules so no issue there. My set-aside motion is based on court error with procedural rules as support explicitly stating I'm right. If the judge were to dismiss my set-aside motion at this point, it would look pretty bad for him to an appellate judge. The set-aside motion is black and white court error and neglect.

If I'm wrong in my approach, what if anything should I do? I've already submitted the set-aside motion.

I love to argue so there is no offense. I was merely pointing out that, perhaps, continuing to make the same points is not a productive use of time.

There is nothing inherently wrong with a set-aside motion. The problem is that I don't see you winning it unless you are bringing something new to the table. I assume you made the same arguments with the same support you are bringing now in your previous motion(s) to amend. Right? If you appeal this "black and white court error", you should win at the appellate level as the standard will be the law. If you appeal a denial for your motion to set-aside, you will be appealing something that is within the discretion of the court and the standard will be if no reasonable judge would fail to allow the motion.

What you are alleging is an error by the clerk and not a legal error. If the judge has heard your argument on the matter and decided, appeal. If the judge has not heard your argument on the matter, then the set aside is a good first step. It is the "new" I was talking about before.

Now, what am I missing on the time line for an appeal? Don't you need to notice the court within 30 days of when judgment is entered?

 

[argue4u]

I disagree - it sounds like the insurance company is doing a bang-up job for their client.

Yea, I guess you are right. But shooting themselves in the foot. They have spent more arguing with me than they would have settling with me.

The most annoying thing to me is that all of my arguments include legal reasoning, research, case law, statute, and procedure. The other attorney's arguments only state a procedural rule for the motions being brought and then provide a non-legal opinion. His opinions equate to: here are the facts of what happened, therefore Plaintiff is wrong. There is no legal argument whatsoever to back his statements up at all. NONE.

He even goes so far as to say that my statutes don't apply though the wording of those statutes unambiguously and explicitly say that they do.

 

[argue4u]

I love to argue so there is no offense. I was merely pointing out that, perhaps, continuing to make the same points is not a productive use of time.

There is nothing inherently wrong with a set-aside motion. The problem is that I don't see you winning it unless you are bringing something new to the table. I assume you made the same arguments with the same support you are bringing now in your previous motion(s) to amend. Right? If you appeal this "black and white court error", you should win at the appellate level as the standard will be the law. If you appeal a denial for your motion to set-aside, you will be appealing something that is within the discretion of the court and the standard will be if no reasonable judge would fail to allow the motion.

What you are alleging is an error by the clerk and not a legal error. If the judge has heard your argument on the matter and decided, appeal. If the judge has not heard your argument on the matter, then the set aside is a good first step. It is the "new" I was talking about before.

Now, what am I missing on the time line for an appeal? Don't you need to notice the court within 30 days of when judgment is entered?

As I'm sure you know, explaining your own case to others is a lot harder than explaining another persons . That is kind of the point I failed to drive through--that the judge didn't consider anything aside from my response to the motion to dismiss. He has not considered my motion to amend my complaint nor the amended complaint so he can't possibly know whether there is sufficient merit to continue. As of right, I was allowed to amend my complaint and it was never looked at, let alone considered.

Because small claims is more of an arbitration, the court's don't expect nor want an extensive complaint and I tailored my complaint to be very general for THAT court. When different rules apply to different courts, it is inherent that a party be able to tailor their pleadings to that court.

So to make sure I understand you correctly, based on what I wrote here, you think the set aside motion is the right avenue for now?

 

[argue4u]

Is there some type of document I can file that requires that the judge make specific findings on the facts and legal conclusions? Some way to determine why the judge decided one way or another?

 

[tranquility]

What was in the response to the motion to dismiss? Frankly, since you're already in the mix, I don't think you should remove your motion to set aside. I would just be sure to notice in a timely fashion to keep your right to appeal on a matter of law. But, even with the potential differing standards of what a claim is between small claims and district (justice?) court, I don't see how you can fail to make a claim that you should lose on your side of the dismissal even without an amendment. I don't know Arizona Civ pro (or any civ pro really), but, didn't you supply a short and plain statement on the forms small claims forms? What was the argument against it?

Is any of this simple timing issues?

 

[argue4u]

What was in the response to the motion to dismiss? Frankly, since you're already in the mix, I don't think you should remove your motion to set aside. I would just be sure to notice in a timely fashion to keep your right to appeal on a matter of law. But, even with the potential differing standards of what a claim is between small claims and district (justice?) court, I don't see how you can fail to make a claim that you should lose on your side of the dismissal even without an amendment. I don't know Arizona Civ pro (or any civ pro really), but, didn't you supply a short and plain statement on the forms small claims forms? What was the argument against it?

Is any of this simple timing issues?

In small claims in Maricopa, AZ
(http://justicecourts.maricopa.gov/HowTo/SC_Complaint_Summons_packet.pdf):
Formal Rules of procedure do not apply. Procedures in small claims cases are intended to be simple enough for a person to file all the necessary forms and represent him/herself at an informal hearing.

PLEADINGS
shall set forth a short and plain statement.
1) Upon which the court's jurisdiction depends.
2) Upon which the court's venue depends.
3) Showing the pleader is entitled to relief.
4) A demand for judgment for the relief sought.
EXAMPLE
I am claiming damages against the defendant in the amount of $2,500.00. (jurisdiction)
The defendant resides in the South Phoenix Precinct, (or, The lawsuit occurred in the South Mountain Precinct). (venue)
The defendant owes me money because ... (legal entitlement to claim)
Wherefore, the plaintiff requests that the court enter judgment in his favor in the sum of ... (demand)

Mind you, I would never normally file a complaint this way, but this was the essential format I was supposed to use, including "The Defendants owe".


In other words, rather than stating what each and every statute was and for each, how there was a duty, how that duty was breached, proximate cause, and damages, I had to lump it all into a few general paragraphs and did so in a way the court expects and requests for small claims.

His motion simply restated my complaint and then said: In other words, Plaintiff, while backing his vehicle out of a parking space hit a properly mounted legally parked and unoccupied vehicle. Plaintiff cannot allege and has not alleged that Defendants breached any legally recognized duty. Thus even if facts are true, his complaint must be dismissed with prejudice.

In other words, the argument in his motion equated to two paragraphs and a total of three sentences.

My amended complaint on the other hand, where I could provide an adequate complaint, took up 2.5 pages and properly stated a claims definitively.

Obviously I contend he was illegally parked, the thing was not properly mounted, and that based on statute, ordinance, and common law, I have a claim for negligence.

PS, I know that when suing based on the fact pattern it is not a very inviting case on the face, but pictures are worth 1000 words and there are statutes and common law that establish that they were in the wrong. Perhaps it can be argued I was too, however, certainly not 100%.

 

[argue4u]

Whoops. My motion to dismiss essentially provided that I stated a claim upon which relief can be granted, a few procedural things that precluded him from bringing the motion in the first place, that my initial complaint provided an adequate request for relief based on small claims standards. Regardless, the motion wasn't to be considered for over two weeks and I submitted my amended complaint the same day I filed my response. Plenty of time. There was no excuse for the court to send it back to me. There was no excuse for them not to provide my resubmitted amended complaint to the judge before deciding the motion.

Additionally, my response to his motion to dismiss my complaint clearly established the legal standards, principals, and basis for my claim. Ironically, however, this is being decided on Monday despite the dismissal order.