Monday, November 07, 2022

Playing With Sharks Part 5 - Gotta Love Pro Per Parties

Remember Pro Pers are not proper.

The fun case where the plaintiff is representing himself and his girlfriend - now wife - is being sued by my client the Defendant , that I've blogged about before may be coming to a trial, maybe.

Catching up, her latest motion for Summary dispoisiton of my claims were dismissed completely as being without basis.

My motion against her was granted in part and it's now  established that she did in fact breach the lease by having her boyfriend the Plaintiff stay with her at the Condo, but the Court days damages my client has and will suffer as a result of this case being brought by said boyfriend are an issue of fact and need to go to trial.

We were scheduled for Trial on November 15, but just found out that the case may get pushed due to a criminal case taking precedence.  

 This is annoying as the lack of certainty really messes things up time-wise - especially so when just two weeks ago they told me it was going forward for sure.

So today, in a hilarious, if undecipherable fashion,  the Third-Party Defendant former girlfriend emails me to see if I will concur, which I will not and then the girlfriend files a Motion in Limine that my client's damages are "subjective".

Blink.

That she wishes to establish that my client's damages are subjective doesn't have any legal meaning, nor much in the way of plain English either.

Not what a motion in limine is for, nor is it in a proper format and it lacks a brief or notice of hearing and I'm really not sure what she's getting at. Reasonably sure the Court will not understand what she is trying to do either.

A motion in limine is to handle likely evidentiary objections at trial, not to do some weird attempt to dismiss a claim long after the time for dispositive motions is over.

So I get to waste time doing a reply and asking for sanctions for yet another frivolous motion that the court may not even hear.

2 comments:

Old NFO said...

Geez...

Aaron said...

Old NFO: Yes, and this trial is going to be, as the kids say, lit.