UNCLE JIMMY wrote:Speaking of Cajun, ...... haven't heard from Crybaby in a couple weeks. Maybe they went to a hotel temporarily while the construction phase is going on on their house?
Any clues??
Here I am Jimmy -- so go get a cup of coffee and a drink as I've got another story for you!
Laughed, Jimmy, but no, we're still here even though Al is still bumbling around the house and WISHES we would leave and he didn't have to work around us. He's had some personal problems with his 10-year landlord trying to evict him one day and then befriending him the next so I helped him get ready for eviction court. We went to eviction court a week ago yesterday and I acted as his agent and did all the talking as he was all over the place when we went over everything and he jumped at the chance when I offered to do the talking in court. His landlady is in her 80s and we both think she's suffering from a bit of dementia. She gets nice when she wants something done for free to her house, something he's been doing for 10 years for free not only to his own home he rents but to the double she lives in. Like when Hurricane Irma came a calling she got nice again and kept texting him to come get her house ready for the storm. I've read hundreds of texts from the old lady sent during the duration of this stuff and have concluded her cheese is slowly sliding off her cracker; it's sad but Al is paying the price for it.
Anyway, I nearly died when an attorney showed up in court instead of the old lady but we beat him and his client! I got the judge to throw it out for improper service (I showed her Al was prematurely served with the second document in an eviction instead of the first), and the attorney (the old lady's second one) told the judge the first attorney's letter of 9.28.17 served as the required first document. I agreed IF the old lady hadn't signed a lease with him on 10.5.17; the atty. said Al used "elder abuse" to get the old lady to sign a new lease. I showed her the former atty's letter dated the same day as the lease amending it to show he was to send rent check to the old lady made payable to the old lady (she transferred ownership to her son back in May, told Al nothing about that, and then her son told the first atty. he'd never gotten a dime of rent from Al since he owned the house; they're both liars and I got so furious I just HAD to get involved!). The last line in the atty's letter said for Al to attach his letter to his lease, which I pointed out to the judge acknowledged existence of the lease as he was month to month prior to this lease. Al didn't trust the old lady so he made an audio recording of the conversation they had prior to, during and after the new lease was signed; but I didn't want to produce that as I want to surprise him next time! Plus the lease says the rent is $1700/month whereas Al agreed on the tape to pay her $1800, which she can't require as if you have a written contract in LA, any amendments have to be in writing and not verbal; but he WANTS to pay the amount he agreed to so I will show that as a sign of his doing the right thing to the judge the next time they file an eviction, which will probably be the first week of January.
So the judge looked at the attorney and ruled he did indeed have a lease. Then he said Al hadn't paid rent in months so I showed her how the old lady kept refusing to take the rent, and did so 4 days after the new lease was signed. I showed her the receipt he got from the 1st atty's secretary as I told him back in October to deliver the rent check to the atty. so they couldn't claim he didn't pay the rent. The atty. mailed it back certified mail to Al and then QUIT! I told the judge we were prepared to argue the matter but I didn't think we should because again, he wasn't served with the first document, which was required by state law. I also told her nowhere on the prematurely served document was it asserted that he was behind on the rent; the other atty. said I was not telling the truth and handed over his copy of the document. I saw it as it was being walked over to the judge and it was DIFFERENT from the one served on Al -- the old lady had tons of big X's all over Al's like she kept changing her mind, and the one I caught a glance of was neat as a pin. I told the judge they were different; honey, she got the constable who served it on Al right up to her desk and he said the old lady TOLD him to serve the second one on Al and not the first. She fussed at him and said, "They have to match!"
Anyway, I told her we were prepared to argue the rest of the case but I didn't think we should be forced to do so because of improper service. She looked at the attorney and told him he had to "start all over." Then while looking at him, she pointed at me and said, "She's goooooooood!" Al and I were over the moon! And we were thanking the judge when the attorney SLAMMED down his binder full of papers on the table we were standing behind during the hearing, picked it up and quickly left the courtroom. We drove home to tell Brian and I even popped a bottle of Champagne (well, Al and Brian had beers but I had the bubbly!). I haven't worked since 2010 and the Answer we filed on his behalf took me a lot longer than it should have but I was so proud of myself that I had a hard time wiping the smile off my face.
Like I told Beth, some days I feel pretty worthless when I'm in pain and can't even do much at all. I try not to complain to anyone, even Brian, when I hurt really badly and I don't often let on how lousy it makes me feel not to be able to do whatever you want whenever you want. So winning that case meant the world to me -- made me feel like a valuable working paralegal again. Heck, it made me feel like a valuable PERSON again.
Back to the house: The French doors we had to have built finally were finished and Al installed them. They needed to be tweaked but he did so and they're fine now. We had to wait for rain to tweek them, as remember that's where the leaks ruining the sheetrocked walls and ceiling downstairs emanated from, but all is good now. I know, we could have blasted them with a hose but we wanted to make sure they didn't leak in a soft rain, too. Couldn't begin the downstairs sheetrock, floor repair and lighting replacement (removal of old ceiling lighting and installation of LED swivel cans) work until we knew it all wouldn't be ruined by the upstairs leaks. So we're not that far off really, though we're taking a break for the holidays at my insistence. He has a couple of huge jobs he's taking on in January and February but has promised he will make time to finish our house and I know he will. After the living room, which needs painting, too, the deck of the balcony needs staining, the shutters have to be remade, and then everything except the deck needs final painting -- French doors, shutters, balusters, railing, etc. Then we're done!
But I get nothing but compliments on the floor and the lighting in the kitchen and lots of people who've seen it have asked if the cabinets are new (they're not but just look better in this kitchen), and everyone loves the half bath. So we're more than pleased so far. We've gotten quite close to Al, though, and he helps us out with all kind of things around the house we need done.
Plus, I've been having some problems with pain and am now getting pain in new places for which I have to go see an orthopedist again -- they boot you right out to a pain doctor if there's no surgery needed or wanted. So pain has occupied a lot of my time, too, which explains my absense. I'll probably drive you crazy with my too long messages again now that I'm back around, Jimmy!!