Hey everybody, mediation took place May 15, 2019.
Mediation was interesting to say the least. The landlord committed perjury, her testimony during the show of cause hearing she states that all the property was put in a dumpster. She made sure in the show of cause hearing to make it know that it was such an unjust burden to have to get a rolloff container to throw out all the large shop equipment that was "abandoned" on her property and how she recalls particularly my automotive lift, such a large item that she had to hire helpers to get it into the rolloff dumpster. She stated in the show of cause hearing that it took many days with helpers to load the rolloff dumpster with all my property despite a letter I sent to her and her attorney just 1 week (exactly according to the document she turned over) prior in which I demanded all my things be made available and at no time did I ever show reason to believe that my property was unimportant and abandoned.
Back to the pejury part. So her offer in mediation was both parties pay their own attorneys fees and I drop the counterclaim in the eviction case, I do not file any defamation, libel suit, no unlawful eviction suit, no invasion of privacy suit and no misappropriation of damage deposit that was not returned. And she will give me back my auto lift and a cabinet. But I'm not allowed to collect those and I would have to pay for movers to do it for me.
I answered. How about we pay our own attorney fees. I want landlord to write an apology for the online smear campaign and remove all negative posts, I want the names of all of my customers that the landlord tried to contact (landlord went through my customer database during the eviction and stole some of it). An eyewitness has posted online that the landlord did take some customer information and that person went on to say that the landlord did contact some of my customers to inform them I was evicted. So I want that information, lastly I want $28K. I immediately said F#$%, it's not enough. Oh well, let's settle this thing as my attorney upto this point is trying to charge me twice the amount he said it cost. Settle!
The mediator returned to quickly to have any good news They said no. So I countered with, how about I call the sheriff and take what rightfully belongs to me right now! The mediator, (parties were separated from the start of the mediation mind you), the mediator immediately says that I cant do that because I signed a confidentiality clause when I applied for mediation.
My attorney filed for a teleconference with opposing counsel and alleged the perjury in that motion, but it was denied.
Ten days later my attorney files motion for withdraw as my attorney, he claims that I have not paid him any money. When we had initial consultation, he said he needed a $3500 retainer and if it goes to trial he would have to have an additional $5000, a month before trial. No problem. Trial was scheduled for July 15, 2019. March 2019 I paid him $4510. June 1, 2018 he rejects $4000 stating I needed to pay him all of what i owed him.
I did receive an invoice April 2 and one May 2 but those were hard for me to understand but i figured so far, he has written a brief and emailed opposing counsel, filed into the case and I have paid $1000 more than what we agreed so far. So ... yeah. I filed an objection stating that I have a recording of the conversation on usb flash drive, the courts ruled that within 5 days, I had to deposit $4000 into the court clerks office and upon doing so the court would deny the motion to withdraw. I made that deposit the very next day. I informed my attorney and sent the judges clerk an email with regard to the monies deposited.
The following day I received notice that the judge who started the case was removed May 31, 2019 as she took a seat in the states supreme court of appeals. Furthermore, the new jude in the case is also the district court appeal judge in the eviction case and the same whom just ordered the $4000 deposit and the same that denied the teleconference, Administratively closed the case. Arrg
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He states that the original Fed needs to take president. I filed the replevin in district court because that what the rules said to do based on the amount I claiming for damages. $65K
Question: Should I close the FED case and get this replevin back on track. Am I going to loose the attorney due to the closure even if the courts do deny his motion to withdraw? I dont have the money to pay for another whole case to be filed. I sold my motorcycle to afford this one. Thanks Legal Shield.