Quiet title

[NotCranky]

[quote=Hobie][quote=Blogstar] he is also used fraud to try to convince me that I couldn’t work in the easement. Not sure the court would see it as full on fraud, but he has falsified information as if it came from County,State and Federal departments.[/quote]

I would think your atty would have some fun with falsified docs. This all speaks to the jerks character.[/quote]

Not exactly falsified docs. Very strong misrepresentation , in writing and other recordable acts, and after brandishing official department business cards of people who he was involved with when he built his house but who have never had anything to do with this easement until I contacted them and verified that his behavior was a hoax.

That’s why I said I don’t know if the courts would see it as full on fraud, but it was intended to defraud me. I can prove he knew none of his claims were ever real, mostly because he did all the kinds of work that I want to do and more, in the same location. I have photos of all of it and letters where he makes the claim , State dept this or Federal department that says you can’t do this or that and the sheriff has told me you will be arrested if you do it. Remember, he brandished their business cards in some cases to support his claim and he posted signs that are typically used under their authority. All documented as are my emails to resolve these hoaxes with said Depts. I have even had representatives from three of them out to look at things with negative findings , of course. Wasting a lot of tax dollars. He has made false claims about a private party too, and used their professional authority, including well beyond his actual capacity, in writing , to attempt to fool me into believing the easement was condemned. It all ties together to the bullying , which was to discourage me from unraveling his ridiculous schemes.

[NotCranky]

Thanks BG, I am reading and paying attention. I am not giving anyone a big deposit before I really understand what is going on. I have before and I will again pay for hourly consultation. Nothing against that at all.

A few reasons I don’t want to go pro-per:
Dealing with bad clerks. Dealing with one official saying things work one way and another official saying they work another way. A lawyer would know who was right. I know that procedure alone could be a nightmare. Even just to subpoena records, I got a complete run-around until I gave up, for the time being. Not to say that I can’t try again.

Lots of reasons for DYI too.

[NotCranky]

Looks like fraud to me.
http://definitions.uslegal.com/c/civil-causes-of-action-fraud/

[bearishgurl]

[quote=Blogstar]Thanks BG, I am reading and paying attention. I am not giving anyone a big deposit before I really understand what is going on. I have before and I will again pay for hourly consultation. Nothing against that at all.

A few reasons I don’t want to go pro-per:
Dealing with bad clerks. Dealing with one official saying things work one way and another official saying they work another way. A lawyer would know who was right. I know that procedure alone could be a nightmare. Even just to subpoena records, I got a complete run-around until I gave up, for the time being. Not to say that I can’t try again.

Lots of reasons for DYI too.[/quote]

IIRC, Subpeona Duces Tecum (SDT’s) have 27 steps to their preparation, filing and service to legally compel the other party to comply with it. They are among the trickiest documents to properly execute, even for an experienced paralegal or attorney (depending on the nature of records being sought). In most cases, you will not be able to see what the opposing party has produced until the day you (both, hopefully) show up in court because they are typically sent to your court department directly. Hence, you better be a very quick study and take very good notes of them in the short recess you are provided (for review of the docs, NOT keeping them).

SD Superior Court clerks and their supervisors are not allowed to give “legal advice” to members of the public. If caught, they can be disciplined for doing so. All they can basically do is sell you forms and tell you the procedure for filing them. They cannot tell you how to fill out the forms! The only exception that I know of is that of obtaining a TRO. Superior Court Clerks exist for the express purpose of meeting in person each party wanting to file a TRO and filling out the forms for them, serving the other party and filing the TRO pkg. This is only to get the matter into a (domestic) courtroom fairly quickly where a judge or other magistrate will sort out the situation to see if it warrants a more permanent restraining order. If it doesn’t, that could later hurt the TRO filer’s case if the parties have another domestic case pending on dissolution and/or child custody.

SD County also has a Family Court Facilitator’s Office set up to help domestic litigants in pro per by appt only (after a very long wait in line to get an appt scheduled) so their cases (dissolution and/or child custody/child support) will timely move thru the system. But they do not accept civil litigants and only accept the most basic of dissolution and/or child custody/child support cases.

[NotCranky]

Thanks BG,

Hobie , could you check your PM’s please?
Thanks

[NotCranky]

This is only getting better. Neighbor is helping me out big time by leaving crazy hostile notes in my mailbox with the most bizarre denials and accusations.

I also got a cease and desist that his lawyer could possibly get in trouble for based on his complete lack of fact checking and threats and orders that are completely inconsistent with laws of easement. In fact I don’t think the lawyer even was informed that I have an easement! His lawyer accused me of breaking local , state and federal environmental laws that are a complete hoax his client has in his head! I think Scaredy said only a real loser lawyer would work with this guy and it looks like he found one! His cease and desist letter threatened me with an accusation so bizarre. He described this really weird stalking and tailgating harassing thing that HE did and that I have on tape and told me he could get a restraining order against me for it! What he did was so weird that there’s no way anyone would confuse his comments as anything but absolute delusion.

The C&D said I was trespassing and vandalizing( a biologically sensitive area) when I haven’t been in the easement for almost two years! I never got my work started because of brandishing guns and whatnot , on police reports.
It’t so bizarre.

Can I report his attorney for a complete BS cease and desist? The letter assists the long running chain of harassment and that’s all it does. Lawyer is a personal injury Lawyer! LOL! I checked his firm and they have nothing that is actually applicable to real estate or defending this guy from his criminal conduct. He helps the poor victims!

[NotCranky]

So can I take this lawyer for review through the bar for the unethical cease and desist letter?
Thanks

[scaredyclassic]

You can run the lawyers name at http://www.calbar.org to check his disciplinary history.

You can get a complaint form on that website.

It may or may not be an ethical violation.

The rules of professional conduct with ca. Ethics rules are also available on that site.

It may be a violation to threaten criminal charges to gain leverage in a civil dispute. Not sure what rule that is.

Not legal advice. No idea if a bar complaint would help or hurt or if he is actually acting unethically.

Curious which school the lawyer went to and what year he graduated. It’ll be on the website.

[NotCranky]

Thanks Scaredy,

I did that search and bookmarked the complaint form yesterday. He has no comments against him. I pm’d you his website. I’d like to post it to ridicule him publicly, but it might be premature for some reason or another.

Either way, the letter was extremely poor work and has nothing but potential to help me. I’ll make a moderate attempt with CA Bar though.

[NotCranky]

http://archive.calbar.ca.gov/%5CArchive.aspx?articleId=53542&categoryId=53522&month=12&year=2003

[scaredyclassic]

Interestingly that ethical rule was on the very first essay of the bar exam when I took it a couple decades ago. It’s always stuck in my mind since then.

[NotCranky]

I am glad it did. The letter just doesn’t pass the sniff test for ethics. It stinks.

[Hobie]

Blog: Please don’t waste your time with bar complaint. Won’t go anywhere. Atty is not your problem.

Plus, if you haven’t used easement in 2years, what is the cease and desist?? All bs. Add these docs to you file and take the offensive.

Any luck finding your own atty? These notes and stuff all help your side.

And if this other atty is such a sleese he will be billing neighbor big time when you drop your hammer. Squeezing neighbors wallet is good.

[bearishgurl]

I agree with Hobie in that a bar complaint in this instance will go nowhere and cause you to use your precious time filing crap with them instead of addressing your problem. If you can prove you truly have a legal easement, I would ignore the letter and stay the course (not legal advice).

If Mr. Wacko sues YOU, then you can answer it.

It sounds to me here like your neighbor paid his (relative?) PI lawyer $50 to write a “mean” letter to you based on what he was told without doing any research (since if you truly have a legal easement and you did NOT try to remove his fence or threaten him, he has no cause of action). Believe me, stranger things have happened.

Sometimes I wonder if most of these ambulance chasers even know how to conduct legal research or draft a complaint without checking boxes on a preprinted court form (or have ever even done so since they got out of law school), lol. PI attorneys mostly operate on volume (and contingency) so don’t really spend too much time on any one case unless it is a vehicular homicide, wrongful death or egregious med mal case.

Have you had your 1-2 hr paid consultation with a qualified RE attorney yet?

[NotCranky]

O.k. I see the point about not wasting time and energy with the attorney. Let them spin their wheels. It look like the bar mostly deals with situations where one wants to complain about his or her own attorney.

I answered some our your other questions, Hobie and BG, in pm’s
Thanks again !

[Author]

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