very cool!
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BAD neighbor
- Thread starter Kathy94NSX
- Start date
Whatever the outcome may be now. I'd still light dog pop in a paper bag on fire and put it on their door step.
Well here's the lastest. Just like employing a tow company in another county, they finally found an attorney to represent them - in another county. Cape Coral actually. This particular firm is a PIP firm, but I suppose any attorney will do civil. Anyway, they filed a response - a motion to dismiss. Based on THEIR facts, that they had absolutely no control over what the tow company did; i.e. how far they towed, their prices, etc. Not one response as to the other facts of the complaint such as their personal responsibility here, like they had no AUTHORITY to tow it in the first, etc. Anyway, generally when a motion is filed, that attorney will get a hearing date from the court and send an accompanying notice of hearing. This time, they did not. I've seen it before, filing a motion that requires a hearing, but not scheduling the actual hearing. It's a ploy to just drag things out. SO my attorney got the hearing date for THEIR motion and filed the notice of hearing for 2/18/2013. Should be fun! Especially since I'm already scheduled to be in a criminal hearing that same date and time in another courtroom. BUT MY hearing will always take precedence. I will let you know in February - or if anything should happen prior!
Thanks for update!
:smile: Way to give your nosey neighbors a merry Holiday! Love it.
A PIP firm? That should be fun for you and your att'y. Way to force their hand.
Awaiting more news with baited breath..... but in the meantime-in-between time, I hope you drive your NSX by their compound r-e-a-l s-l-o-w and glare at them every chance you get :biggrin:
:smile: Way to give your nosey neighbors a merry Holiday! Love it.
A PIP firm? That should be fun for you and your att'y. Way to force their hand.
Awaiting more news with baited breath..... but in the meantime-in-between time, I hope you drive your NSX by their compound r-e-a-l s-l-o-w and glare at them every chance you get :biggrin:
- Joined
- 21 December 2005
- Messages
- 1,215
I swear on my daughters life I would follow that neighbor one day wait until we are in a parking lot and whoop their ass anonymously for doing something like that. Wtf was going through his head when he made that call to the towing company? Are people really lacking common sense/courtesy like this these days? Like its not even your house & you're worrying a car parked in a driveway. I'm sure that asshole knew it belonged to ANOTHER NEIGHBOR.
I hope you get everything fixed at no expense to you.
I hope you get everything fixed at no expense to you.
I think Brooklynzson is a guy I'd try hard not to piss off.... On the other hand, I think your neighbor has some serious mental health issues.... the kind that court will not sort out...being a Canadian, I don't worry that he might also be a crazy gun owner...but he seems to fit the profile in America?
I think the best revenge would be to talk to your other neighbors and get them to agree that a good idea would be to replace your obviously STOCK muffler with a nice aftermarket, the "GT1 Titanium Jet-Noise Deluxe" and be sure to mention in the court docs that you are unable to get the OEM muffler for your classic car since its out of production....then drive by his house in 1st gear 5,000rpm each day when you know he's home....Then ALL your neighbors can laugh!!!!
I think the best revenge would be to talk to your other neighbors and get them to agree that a good idea would be to replace your obviously STOCK muffler with a nice aftermarket, the "GT1 Titanium Jet-Noise Deluxe" and be sure to mention in the court docs that you are unable to get the OEM muffler for your classic car since its out of production....then drive by his house in 1st gear 5,000rpm each day when you know he's home....Then ALL your neighbors can laugh!!!!
Patiently awaiting an update this week!
I think the courts were likely closed yesterday for President's Day... any update, Kathy?
I think the courts were likely closed yesterday for President's Day... any update, Kathy?
Well, I meant to do this update last night, but well, I'm glad you brought it up. So, my attorney called me yesterday morning (he's on the other coast). He said that he talked with the other counsel and told her that he was wanting to cancel the hearing because he was going to file an amended complaint. He's learned a lot of new issues in the past 2 months. So basically appearing in court would be mute because it was okay to dismiss the original complaint because we're filing a new, amended one. She said no. He was livid. In 28 years, he said he's never had another counsel deny him the right to file an amended complaint, nor in 28 years has HE ever denied anyone the right to file an amended complaint. So, he emailed me some documents because he was appearing telephonically and I was already in the courthouse and was going to go down there anyway. I do not want any court appearance to go on without my sitting in the courtroom. Even though THEY (my neighbors) weren't not in appearance yesterday, only their attorney. So if while arguing on the phone he needed exhibits to go to the judge, I had them and could present them. The other attorney made her arguement about why it should be dismissed WITH predjudice; meaning that we could NOT refile anything. She said that her clients could not control what the tow truck people did. She presented some 2nd district court of appeals caselaw that defined Operator as the tow company. The judge asked her so basically what you're saying is that the plaintiff is suing the wrong people? She should be suing the tow company? She said yes. Odd, someone had to put the tow company there to do what they did and THAT was her client! My attorney argued that #1 - he's allowed to file an amended complaint, especially since this is the first court appearance and we've learned a lot more things in the past 2 months since the original filing. #2 - the appeals court caselaw she presented was pertaining to a criminal case and this is not (shame it isn't). And #3 - she needs to cite the REST of the statute instead of only a few sentences of it that she prefers. Like the last paragraph that states - any PERSON who causes a vehicle, vessel, etc. to be TOWED!!! And she IS A PERSON. Anyway, the judge dismissed the original complaint without predjudice and told my attorney he has 20 days for file an amended complaint. So that's that. He's talked to the tow company and their attorney (after we gathered them up. They kept running from the process servers) and explained that we weren't trying to jam them up, just get the story of what SHE said in order to get them there to tow the car. She answered in her interrogatories when asked - with specificity why did you pick this tow company? She said - the yellow pages. Funny, we live on the same street, get the same phone books and MINE doesn't have another county's businesses in it. THEY guilted the owner of the home where I parked that he was responsible for at least half of their attorney's fees. Then HE went to his own attorney who explained the facts of life to him. He was NOT responsible for anything they did or incurred. So my attorney wants to talk with his attorney and get him to sign an affidavit that yes, he asked them to watch his house, but never would he have had or authorized anyone to tow a neighbor's car from his property. I know this is long winded, but it just gets better and better. My attorney is considering using the conspiracy theroy for those that appear to be part of this......
thx for the update, best of luck going forward.
Wow! Better and better! Stay the course!
I agree. I shudder to think what damage the inspection is going to find. Good luck to you & I hope you sue them straight into the poor-house...
Well, here's the latest. We filed an amended complaint to include my neighbor's husband, the property owner and the tow company. During depos, the property owner of where I parked, got extremely arrogant and went on and on about how these people had complete control over his property, could take his food, his car, his whatever. So that's why we included him as a co-defendant. The husband stated in his depo that the reason my car had to go was because it blocked ingress and egress of the garage - of a home that had no occupants. He 'claimed' that it was his job to start the car every week to prevent the battery from dying. On that note, I took half a day off to do some errands a few weeks ago. At one point when I returned home at around 11am, I saw a local tow truck (flatbed) in front of the house that I parked at. Earlier I'd seen the husband running back and forth from his garage to the neighbors, I didn't know why. Because the NSX is so low, he didn't see me drive past the flatbed and into my driveway. The bougainvillea also shielded me from his view and being that I shouldn't have been home, it would have been a complete surprise to see me! Anyway, I used my telephoto lens and started taking pictures of the tow truck and the neighbor standing next to him. I so wanted to walk down there and say - so you DO know a local tow company. Anyway, what the tow truck was doing there? Jumping the battery on the guy's jeep - the very vehicle he claimed that it was his job to keep starting to prevent the battery from dying and that's why my car was towed because it was in the way of removing it to drive it. Well he doesn't do his job very well. Another thing that is very funny. He said that they called 911 (really?) to say that the car was parked illegally and they claim they were 'advised' by the sheriff's office to tow the vehicle. SO I did a public information request from the communications office of the sheriff's office asking for any and all calls made from their residence, their phone numbers or anything about the towing of a vehicle on that particular date. My point was to prove that they did NOT call 911 and ask for advice. Well, I received 2 calls back. One from the tow driver to dispatch notifying them of the tow (as required). At the end of the conversation with the dispatcher, the tow driver said - yeah, apparently they always park in their driveway and they're just tired of it. I don't think so. I've never parked there, ever! The 2nd call was a 911 call. The husband called and said that his neighbor (my husband) was pounding on his door and he wouldn't let him in. He was pounding on his door-he wanted an explanation. The dispatcher asked why. He said I have NO idea, but he's pissed. The dispatcher (and you could just hear in her voice, disgust) asked, okay, your neighbor didn't just get up and walk to your house and start pounding on your door for no reason, what did you do? He said, well, it's nothing personal against him, but we had his car towed earlier. I could almost hear the dispatcher laughing, but she said, well don't answer the door and I'm sending a deputy. He said, well he's gone now, but his name is.... and he lives at.... In her depo, she brought up an email where she sent to the homeowner asking (after the fact) for some written documentation stating that they had his permission to do whatever when it involved his property. She even wrote it out for him, but the first line said, we have some nasty neighbors! Excuse me, but I have never spoken to you in my entire life, oh and YOU towed MY car! So who is nasty? Well, even though this is very, very funny, the best part - the partner of the law firm called my attorney and asked, just what does your client want? Then he told him that since he represents "her", they refused service for the husband so now he'll have to be served independently (and publically I hope) and will have to employ his OWN attorney. Oh and the cost so far to the wife in legal fees? Greater than $7000!!!! How funny is that?
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Just in case they 'claim' they didn't know it was MY car, besides the fact that it's so exotic, that well, they knew. Here's a photo of my tag, no one could possibly argue they didn't know whose it was!
- - - Updated - - -
Just in case they 'claim' they didn't know it was MY car, besides the fact that it's so exotic, that well, they knew. Here's a photo of my tag, no one could possibly argue they didn't know whose it was!
I'm finding this extremely hard to follow. . . .
Separating into paragraphs is a great way to organize thoughts for the reader. I didn't follow this post this afternoon (admittedly in between meetings at work this morning and with limited attention span) and I'm not following it now (admittedly after 1/2 bottle of Greek Agiorgitiko red wine and snifter full of awesome Greek brandy).
What? Who's husband? Property owner said who had complete control over whose property? Who always parks in whose driveway??!? It's Friday night and I've already had a week's worth of work project details and I don't want to work this hard to follow this thread. Sorry. . . .
Separating into paragraphs is a great way to organize thoughts for the reader. I didn't follow this post this afternoon (admittedly in between meetings at work this morning and with limited attention span) and I'm not following it now (admittedly after 1/2 bottle of Greek Agiorgitiko red wine and snifter full of awesome Greek brandy).
What? Who's husband? Property owner said who had complete control over whose property? Who always parks in whose driveway??!? It's Friday night and I've already had a week's worth of work project details and I don't want to work this hard to follow this thread. Sorry. . . .
Took me 2 reads but I got it... go get 'em kathy!!
I'm curious, how much is your attorney bill up to at this point?
shawn110975
Suspended
nice never touch a womens NSX. or a her husbands willy
if you follow these two rules depending on your gender you will never have any worries LOL
if you follow these two rules depending on your gender you will never have any worries LOL
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Kathy - thanks for update. Lemme see now..... Atty fees for defendant (female) presently at $7,000. Defendant (male - husband I surmise) after being served I have to figure will be at least $3,000. Hopefully you will prevail, and a judgement will be entered. Gotta figure maybe $5,000 additional for that. So already looking at a $15,000 "tow bill" for your busybody do-gooder neighbors deeds. Like!
As a side note - why I appreciate "country living." No condo or homeowner's association full of Hitler wannabees. :tongue:
As a side note - why I appreciate "country living." No condo or homeowner's association full of Hitler wannabees. :tongue:
shawn110975
Suspended
I would die before i live in a HOA area. or rent a uhaul and live in it.
but atleast the neighborhood looks prestine.
but atleast the neighborhood looks prestine.
I hate my HOA...as bunch of idiots with too much power....so I am looking to buy another house with no HOA!
I can't stomach an HOA, either. Sadly, that means my choices for a house are severely limited, eliminating nearly all newer neighborhoods.
I am so sorry dquarasr2 - in my quest to abbreviate and not make the post so long winded, I completely lost context. Here are the players:
wife: person that actually signed the paperwork to have my car towed (even though everyone knows that her husband pulls her strings. That way he remains free).
husband: spouse of the woman that ordered my car towed.
Owner: he owns the property/house where I parked, next door to husband & wife.
The property owner said in his deposition that the husband & wife had complete control over his property (assumably while he's out of the country) to do whatever they wished.
The TOW truck driver told the sheriff's office dispatcher that I always park in "their" driveway and they were tired of it - thus the tow.
Hope this is better! Sorry...
wife: person that actually signed the paperwork to have my car towed (even though everyone knows that her husband pulls her strings. That way he remains free).
husband: spouse of the woman that ordered my car towed.
Owner: he owns the property/house where I parked, next door to husband & wife.
The property owner said in his deposition that the husband & wife had complete control over his property (assumably while he's out of the country) to do whatever they wished.
The TOW truck driver told the sheriff's office dispatcher that I always park in "their" driveway and they were tired of it - thus the tow.
Hope this is better! Sorry...
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