Can't prove a negative

[jjones 0]

Complicated, but after reading the replies in this forum, nothing is impossible. Need some help I'm being sued by a supposing new owner of the ground lease of my condo for delinquent lease rent. Thing is the original Lessor went bankrupt in 2001 before i purchased the leasehold unit in 2002.

The new owner purchased fee land in 2006 from a bank that was the creditor to the original Lessor. Never heard from the Lessor never paid any lease rent for over 15 years.

I initiated the first communication in 2018 with the new owner about the fee purchase(should have minded my own business).  I started it all if only I let sleeping dogs lie.  Oh well tried to sell it, but I just brought the problem to forefront.

I am currently defending against summary judgment. Purposely did not oppose but today at msj hearing judge hinted for me to file an opposition at the clerk's office and she continued the case until October 2.

Should I submit a memorandum of opposition with an affidavit and start the discovery process? If so, does anyone have good opposition, affidavit discovery info I can use to fit my situation?

Edited August 8, 2019 by jjones
redundant

[Harry Seaward 1,349]

Did the plaintiff provide you with any sort of documentation?  Do you have some reason to believe the plaintiff is not the owner of your debt?

[jjones 0]

post wrong

Edited August 9, 2019 by jjones
wrong post

[jjones 0]

in P complaint just a ledger and terms of a agreement that  I was assigned when I purchased the unit not even a contract. P SJ is where the contract first appears was attached to managers declaration as exhibit to his statement.  I do know I do not have a contract with P, but it claims it has a assignment.  Original Lessor went bkrupt.    Never seen a bill or ledger from P before my first contact with P which was Sept. 2018.  

[Clydesmom 1,189]

On 8/8/2019 at 9:49 AM, jjones said:

Purposely did not oppose but today at msj hearing judge hinted for me to file an opposition at the clerk's office and she continued the case until October 2.

She is trying to tell you that you have defenses available and not to just surrender.

On 8/8/2019 at 9:49 AM, jjones said:

Should I submit a memorandum of opposition with an affidavit and start the discovery process?

Absolutely.

On 8/8/2019 at 9:49 AM, jjones said:

If so, does anyone have good opposition, affidavit discovery info I can use to fit my situation?

You need a good real estate lawyer ASAP.  Start calling now.  You can use Attorneys to find a lawyer.  Twice I have hired a five star PEER rated attorney through them and received excellent representation at a reasonable price. 

The major issue is this is not just debt collection there are potential property rights involved.  You need legal advice pronto.

[jjones 0]

thanks clydesmom.

[jjones 0]

Update to my case.  Plaintiff summary judgement has been denied without prejudice!  Any advice of whats next?

[Harry Seaward 1,349]

I've never heard of a court using "without prejudice" when ruling on a summary judgment motion. Are you sure it wasn't the plaintiffs case that was dismissed with prejudice? Can you post a redacted copy of the court's order? 

[jjones 0]

Sorry Harry yes it was plaintiff action, and plaintiffs  sjm. It was not dismissed the sjm was denied without prejudice by judge's minute order. Yes I will post a redacted copy of the order.

[Pericles 124]

When a court denies (or maybe dismisses) a motion without prejudice, it means that the moving party may bring the same type of motion again within the same case.

Usually this happens when the motion is insufficient to be granted at present, but information obtained through further pre-trial discovery could solve the insufficiency.

[Harry Seaward 1,349]

1 hour ago, Pericles said:

When a court denies (or maybe dismisses) a motion without prejudice, it means that the moving party may bring the same type of motion again within the same case.

I know what with and without prejudice means. I've never heard it applied to a MSJ. Maybe that's because here in AZ there's no rule prohibiting a party from filing a second motion of the same type if the first one is denied, so the courts here just simply deny them. Even then, to my recollection I've never come across it in any non-AZ caselaw I've read either. 

[jjones 0]

Public Record of case;  http://hoohiki.courts.hawaii.gov/#/case?caseId=1CC181002071

Readers please keep in mind that this lawsuit is criminal.  I purchased this property in 2002, the party I purchased this property from was bankrupt  in 2002. Three yrs later the plaintiff in this lawsuit came out of nowhere and claim to have been sold the same property I purchased,  only thing is they purchased it in 2005 from a different seller.  The twist of this case is, the plaintiff claims to be the owner that sold and purchased the property to its self, and gives it the right to collect rents owed to my seller.  Hope that makes sense, its a very brilliant scheme to rip you off!!

 

[fisthardcheese 1,415]

10 hours ago, jjones said:

Public Record of case;  http://hoohiki.courts.hawaii.gov/#/case?caseId=1CC181002071

Readers please keep in mind that this lawsuit is criminal.  I purchased this property in 2002, the party I purchased this property from was bankrupt  in 2002. Three yrs later the plaintiff in this lawsuit came out of nowhere and claim to have been sold the same property I purchased,  only thing is they purchased it in 2005 from a different seller.  The twist of this case is, the plaintiff claims to be the owner that sold and purchased the property to its self, and gives it the right to collect rents owed to my seller.  Hope that makes sense, its a very brilliant scheme to rip you off!!

 

You need an attorney immediately

[jjones 0]

That is what the judge keeps on saying!