Complaint Filed - Docketed On: 05/20/2024 May 20, 2024 (2024)

Complaint Filed - Docketed On: 05/20/2024 May 20, 2024 (1)

Complaint Filed - Docketed On: 05/20/2024 May 20, 2024 (2)

  • Complaint Filed - Docketed On: 05/20/2024 May 20, 2024 (3)
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  • Complaint Filed - Docketed On: 05/20/2024 May 20, 2024 (9)
  • Complaint Filed - Docketed On: 05/20/2024 May 20, 2024 (10)
 

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3 eFiled §/90/9094 113440 AN Superior Court of the District of Columbia Superior Court of the District of Columbia Civil Division - Landlord and Tenant Branch 510 4th St NW, Building B, Room 110, Washington DC 20001 202-879-4879 dccourts.gov | 2024-LTB-005372 Case NumberNew Savannah Preservation Partners, LLC Pauline Moore, Ebony Moore P ai ntiff(s) vs Defendant(s)8300 Greensboro Drive Suite L1-810 3312 13th Street, SE #301 (no ost office boxes) Address Washington, DC 20032 City, State, Zip Cade City, State, Zip Code202-466-8001 Phone Number Phone NumberMark@dclandlordiaw.com Email Address Email Address VERIFIED COMPLAINT FOR POSSESSION OF REAL PROPERTY -- FORM 1A (Nonpayment of Rent - Residential Property) [. Basis for Complaint 0 1, | , Mark R, Raddatz, upon information provided by the client, swear or affirm, under penalties of perjury that I have knowledge of the facts set forth In this Complaint. lam: O Plaintiff, or @ Plaintiffs attorney, or 0 Plaintiff's agent authorized to make this verification and my relationship to Plaintiff is (exp/ain, and if Plaintiff is a corporation, include your title): 2. Plaintiff: I is the Landlord or Owner, or o has been appointed Personal Representative of theorEstate 1 in Case Number and is authorized to take possession of the property, is not the Landlord, Owner, or Personal Representative, but has the right to possession because explain): 3. The Property is registered with the Rental Accommodations Division: yes 0 no The Registration Number Is: 23000008 or the Exemption Number is: 4. Plaintiff has a current Basic Business License for the Property: yes 0 no The License Number is: 500123000008 . Active date 09.01.2022 , and the Expiration date is: 08.31.2024 or CO Plaintiff has no current Basic Business License because (explain): 5. Plaintiff has other pending landlord and tenant case(s) against Defendant in Landlord and Tenant Court: oa yes Mino. If yes, the name and case number for the pending case(s) are: 6. Plaintiff seeks possession of property located at 3312 13th Street, SE #301 . Washington, D.C. Form 1A Page 1 of 3 Plaintiff alleges: a. Defendant failed to pay $1,584.30 . total rent due from 03/2024 (month/year) to 04/2024 (month/year) The monthly rent is $906.00 a Plaintiff seeks fees (do not i clude latefs) of $ defined as rent under for (explain), paragraph nurnber of the lease for this property, which is not subsidized and is exempt from rent control. (Attach portions of lease and bring to every court date) The total amount due to Plaintiff for rent and other fees listed above (not including late fees) is $ 1,584.30 (total amount must be $600 or more). b. Defendant failed to pay the rent owed after being properly served with a written Nonpayment of Rent Notice (Attach copy of Notice and Declaration of Service of the Notice). 7. Is or was the rent for the property subsidized by the federal or local government during at least one of the months listed in section 6(a)? @ yes Ono If the rent is or was subsidized ("yes" to the question above), answer aif of the following: a. What amount of rent, if any, is due from the tenant per month? $ Tax Credit b. What amount of rent, if any, is due from the subsidy program per month?$ Tax Credit c. Is the rent amount alleged due for any month listed in the Complaint over and above the tenant's portion of the rent for that month? yes no d. Has the subsidy program failed to pay its portion of the rent for any of the months at issue in this case? 0 yes M no e. Has the subsidy program terminated the subsidy? D0 yes Ono [Junknown 8. Plaintiff seeks a money judgment in the total amount of $ This total includés the rent and fees defined as rent in section 6(a), plus Tate fees of $ for the month(s) of . Paragraph number ___ of the lease allows late fees of $ per month, which does not exceed 5 percent of the full amount of rent due from the tenant.Il. Rellef RequestedTherefore, Plaintiff asks the Court for: (check all that apply) Judgment for possession of the property described and costs taxed by the Clerk. C1 Money judgment in the total amount of $ for rent, fees defined as rent, and late fees. @ A protective order requiring that all future rent be paid into the Court registry until the case is decided. Form 1A Page 2 of 3Subscribed sworn to before me this day of MAY 1 & 2024 20Notary Public Plaintiff/Plaintiff's Atiorney/Plaintiff's Agent:My commi th of Virginia Title of Person Signing (if any): Rea. # 787886007.31.2026sh miss!on Expires 7/81/2024 Attorney For PlaintiffImportant Note to Parties: Court of Appeals Rule 49, Superior Court Rule of Civil.Procedure 101, and Landlord and Tenant Rule 9prohibit the unauthorized practice of law, Any person who is not a lawyer in good standing in the District of Columbla should be awarethat he or she could be engaging in the unauthorized practice of law if he or she acts on behalf of another in the Landlord and TenantBranch for any purpose other than to request a continuance.Plaintiff / Plaintiffs Attomey / Plaintiffs Agent Name (Print Name):Mark R Raddatz, Esq. CLERK OF THE COURT w : :Address8300 Greensboro Drive_ : i :Sig Costs of this suit to date are: $ Email Address:Mark@dclandlordilaw.comTelephone Number: Attorney Bar Number:202-466-8001 468481 Para pedir una traduecién, ame al (202) 879-4828 + BE (202) 879-4828 Veuillez appeler au (202) 878-4828 pour une traduction D4 cd mét bai dich, hay got (202) 878-4828 coon anno (202) 879-4828 HR wet ANDi, (202) 879-4826 B Us NOTICE TO DEFENDANTS Please note that you should have received with this Complaint additional forms entitled "Summons to Appear in Court" and "initial Hearing Notice and Instructions." lf you did not receive these, immediately call the Landlord-Tenant Clerk's Office at 202-879-4879 to learn what date you are required to appear in court to respond to this Complaint. AVISO A LOS DEMANDADOS Sirvanse tomar nota, que junto con la Demanda, deben haber recibido un formulario adicional, titulado "Citatorio para Comparecer en el Juzgado y Aviso de Audiencia'. Si no recibid el Citatorio, lame inmediatamente a la Secretaria de Actas de Arrendadores e Inquilinos, al 202-879-4879 para enterarse de la fecha en que tiene que comparecer ante el Juzgado para contestar esta Demanda. > a Form 1A Page 3 of 3 Superior Court of the District of Columbia Civil Division Landlord and Tenant Branch - 510 4th St NW, Building B, Room 110, Washington DC 20001 202-879-4879 dccourts.gov lock pty, | a ub i ¢ atc arr) Case Number, 2024-LTB-005372 Dak pate patNew Savannah Preservation Partners, LLC V. Pauline Moore, Ebony Moore Plaintiff(s) Defendant(s)8300 Greensboro Drive Suite L1-810 3312 13th Street, SE #301 Street Address (No PO boxes) Street AddressMcLean, VA 22102 Washington, DC 20032 City, State, Zip Code City, State, Zip Code202-466-8001 Mark@dclendlordiaw.com Phone Number Email Address Phone Number (if known) Email) Address (if known) SUMMONS TO APPEAR IN COURT The plaintiff has sued to evict you. This paper is a summons for you to appear for a hearing on the date and time listed on the Initial Hearing Notice that you should get with this summons. You do not have to leave your unit unless and until the Court orders you to do so. The complaint states the reason(s) the plaintiff seeks to evict you. The complaint should be attached to this summons. {f it is not, you can get a copy in the Landlord and Tenant Clerk's Office at 510 411 Street, Building B, Room #110 or by calling the Clerk's Office at (202)879-4879 or you can view it electronically at the Court's online court docket at https://www.dccourts.aov/superior-court/cases-online by typing in the case number exactly as It appears on the top of this form, including spaces, zeroes, and capital letters. 1. If you, or your attomey, do not appear on the date and time listed in the Initial Hearing Notice, you may be evicted without any further court hearings. 2. If you want legal advice or possible representation by an attorney you can call the Landlord Tenant Legal Assistance Network (LTLAN) at (202) 780-2575. LTLAN provides free legal services to tenants with qualifying incomes. The Court encourages you to call LTLAN as soon as possible and well before your hearing date. Notice to Occupant(s) Not Named on the Summons: If you live on the premises and wish to remain, you must participate in the court hearing even if you are not named as a Defendant on the Summons or Complaint. PLEASE SEE THE BACK OF THIS FORM FOR IMPORTANT INFORMATION ABOUT THE CASE. IF YOU HAVE ANY ADDITIONAL QUESTIONS ABOUT THE SUMMONS AND COMPLAINT, OR YOUR RIGHTS AND RESPONSIBILITIES, PLEASE CONTACT THE LANDLORD TENANT LEGAL ASSISTANCE NETWORK at (202)-780-2575 OR AN ATTORNEY PROMPTLY. Plaintiff / Petitioner or Attorney Name (Print Name): Mark R. Raddatz, Esq. CLERK OF THE COURT Address: 8300 Greensboro Drive Suite L1-810 McLean, VA 22102 Sign : Costs of this sult to date are: $ 0 Email Address: Mark@dclandlordlaw.com. Telephone Number: Attorney Bar Number: 202-466-8001 468481 E BIT BE (202) 879-4828 Veuillez appeler au (202) 878-4828 pour une traduction Healy (202) 879-4828 B AAD Débcé motbai dich, hay goi (202)879-4828 PAMICE CRI ATH (202) 878-4828 Blan IMPORTANT INFORMATION - PLEASE READ CAREFULLYYour landlord has sued to evict you. You must participate in each court hearing if you want to try to remain inyour housing unit: Attend the hearing even if you think you do not owe any rent or have not violated your iease. If you do not participate, or if you are late, you may be evicted without any further court hearings. You also may have a judgment for money entered against you, and your landlord may be allowed to take some of your wages.Read the complaint carefully. Even if your rent is paid in full, the complaint may include reasons other than unpaid rent for your landlord te seek your eviction: The plaintiff may be able to evict you if you do not pay rent that comes due after this complaint was filed. The plaintiff may have a right to evict you if you do not have a 'zero' balance on your rental account on the day of the hearing or, sometimes, if you have paid rent late even if you have a 'zero' balance.Collect all papers relating to your case, and have them with you at every hearing: Examples of papers that relate to your case are: your lease, rent receipts, pictures or anything else that will explain your side of the case fo the judge. Also have the complaint and this document available.You and the other side are expected to appear remotely. Instructions for remote participation are on the hearingnotice. However, you may participate in person If you would like to appear in person, please notify the Court seven days before your hearingYou must connect remotely or come to the courtroom P promptly at the time that your hearing Is scheduled: If you are not present when your case is called or do not answer when your case is called, a default may be entered against you, and the Court may enter a judgment allowing the plaintiff to evict youIf you have an emergenc in the hearin articipate on time: Call the Landlord and wand enant Clerk's participatediately at (202 -4879Persons with disabilities: If you have a disability and you require an accommodation, please call (202) 879-1700. The Court does not provide transportation service.Child care: A Child Care Center is in Room C-100 on the lower ((C) level of the Moultrie Courthouse (500 Indiana Ave., NW. You may also call (202) 879-1759 or email ChildCareCenter@dcsc.gov for more information.Filing with the Court: Parties may file documents electronically, or by mailing them to the Court at the Landlord and Tenant Branch address listed at the top of this summons, by bringing the documents to the Clerks' Office at the same address, or placing them in the drop-boxes tn the lobby of the Moultrie courthouse or Building B. information about electronic filing is available on the Court's website at https://www.dccourts.qov/superior-court/e-filing. You do not need to be an attorney to file electronically. MAB, HST wR (202) 879-4828 Veuillez appeler au (202) 879-4826 pour una traduction Has AAS (202) 879-4828 B MSRAALS Décé métbai djch, hay goi (202) 879-4828 PARLE CRI AST (202) 879-4828 SUPERIOR.COURT OF THE DISTRICTOF.COLUMBIA. CIVIL DIVISION - LANDLORD AND.TENANT BRANCH : : : 510 4thStreet, NW; Room110, Washington.D.C. 20001 . : (202) 879-4879 www.dccourts.gov | SUPPLEMENT TO VERIFIED COMPLAINT FOR POSSESSION OF REAL PROPERTY: FOR: NONPAYMENT OF RENTThe Verification in the Complaint applies to this Supplement, which Is an attachment-to the.. .Complaint.| have attached: Copy of an e-mail from the STAY DC program confirming that an application has beensubmitted on behalf of the housing provider, including the date and application number; :Y Copy of the Notice of Past Due Rent, including any ledger that was Included with that :notice with a completed declaration of service;v Copy of the Basic Business License for rental housing; andY Copy of the registration or exemption form from the Rental Accommodations Diviston. If any of the documents listed above is not attached, explain the reason here: : Check any box that applies: Defendant-owes rent In an amount greater than $600. Defendant(s) failed to submit an emergency rental assistance application within 60 days of receiving a Notice of Past Due Rent. Defendant's application for emergency rental assistance was denied and Defendant has not established a rent payment plan pursuant to D.C. Code. 42-3192.01 within 14 days of the denial. . Defendant's aplicationfor'éérnergericy rehtal assistance was approved with a balance, of, : qual to or greaterthari $600 reiiaining tinipald; and Defendant has not established arent :payment plan purstiant to.D.C;-Code: ;42-3192.01 within 14 days-of the-approval.with a'remainingbalance. Defendant entered into a rent payment plan with Plaintiff and is at least 5600 or twomonths behirid on-the terms of the payment plan, whichever Is greater. : :Check the box that applies, and fill in any required information:v As far as the plaintiff knows, the defendant does not speak a primary language other thanEnglish-or Spanish As far as the plaintiff knows, the defendant(s)' primary language fsand the Notice of Past Due Rent in this language was provided to the defendant(s). $e :Pauline Moore, Ebony Moore 02.22.20243312 13th Street, SE #301Washington, DC 20032 NOTICE OF PAST DUE RENT AND INTENT TO FILE SUITThis is a notice of past due rent. The total amount of rent owed is $ 4,072.30 . A ledger showing the dates of rent charges andpayments for the period of delinquency is attached. You have the right to remain in the rental unit if the total balance of unpaid rentis paid in full or if you are current on a rent payment plan. Your landlord has the right to file a case in court seeking your eviction ifthe amount of rent you owe is equal to at least $600.00 and you do not pay the balance of unpaid rent in full within 30 days of thisnotice. If the amount you owe is lower than $600.00 your housing provider can notify you of the amount due but cannot file a casein court seeking your eviction. You have the right to defend yourself in court. Only a court can order your eviction. For further helpor to seck free legal services, contact the Office of the Tenant Advocate at 202-719-6560 or the Landlord Tenant Legal AssistanceNetwork at 202-780-2575: You may qualify for Emergency Rental Program Assistance (ERAP) if your household's income is equalto or less than the amounts shown below.. People in Household Maximum Income 1 $35,280 § $55,440 2 $40,320 6 $60,480 3 $45,360 7 $65,520 4 $50,400 8 $70,560Only you or your authorized agent may apply for ERAP. To learn more about the program and apply for assistance, please visithttps://erap.dhs.dc.gov. Your landlord has the right to file a case in court seeking your eviction if you do not pay the balance ofunpaid rent in full within 30 days after receiving this notice, or you miss payments under a rent payment plan totaling at least $600or two months of rent, whichever is greater. If your landlord files in court, your next notice will be a summons to appear in court.You have the right to defend yourself in court, Only a court can order your eviction. For further help or to seck free legal services,including help applying for rental assistance or preparing a payment plan, contact the Office of Tenant Advocate at 202-719-6560or the Landlord Tenant Legal Assistance Network at 202-780-2575. AVISO DE ALQUILER VENCIDO Y LA INTENCION DE PRESENTAR UNA DEMANDAEste es un aviso de alquiler atrasado. El monto total de la renta adeudada es $4,072.30 . Se adjunta un libro de contabilidad quemuestra las fechas de los cargos y pagos de la renta para el periodo de morosidad. Tiene derecho a permanecer en la unidad dealquiler si el saldo total del alquiler impago se paga en su totalidad o si esta al dfa con un plan de pago de alquiler. Su arrendadortiene derecho a presentar un caso en Ja corte pata solicitar su desalojo si la cantidad de alquiler que debe es igual a por lo menos$600.00 y usted no paga el saldo del alquiler impago en su totalidad dentro de los 30 dias posteriores a este aviso. Si la cantidad queadeuda es inferior a $600.00 y no paga el saldo del alquiler impago en su totalidad dentro de los 30 dias posteriores a este aviso. Sila cantidad que debe es inferior a $600.00, suproveedor de vivienda puede notificarle la cantidad adeudada, pero no puede presentarun caso en la corte para solicitar su desalojo, Tiene derecho a defenderse en los tribunales. Solo un tribunal puede ordenar sudesalojo, Para obtener mAs ayuda o para buscar servicios legales gratuitos, comuniquese con la Oficina del Defensor del Inquilino al202-719-6560 0 con Ja Red de Asistencia Legal para Propietarios e Inquilinos al 202-780-2575. Usted puede calificar para laAsistencia del Programa de Alquiler de Emergencia (ERAP, por sus siglas en inglés) si los ingresos de su hogar son iguales omenores que los montos que se muestran a continuacion. Personas en el hogar Ingresos méximos 1 $35,280 5 $55,440 2 $40,320 6 $60,480 3 $45,360 7 $65,520 4 $50,400 8 $70,560Solo usted o su agente autorizado pueden solicitar ERAP, Para obtener mas informacién sobre el programa y solicitar asistencia,visite https://erap.dhs.dc.gov. Su arrendador tiene el derecho de presentar un caso en la corte buscando su desalojo si usted no pagael saldo del alquiler impago en su totalidad dentro de los 30 dias posteriores a recibir este aviso, o si no cumple con los pagos bajoun pian de pago de alquiler por un total de al menos $600 o dos meses de alquiler, lo que sea mayor. Si su arrendador presenta unademanda Solo un tribunal puede ordenar su desalojo. Para obtener mas ayuda o para buscar servicios legales gratuitos, incluida laayuda para solicitar asistencia de alquiler 0 preparar un plan de pago, comuniquese con la Oficina del Defensor del Inquilino al202-719-6560 o con la Red de Asistencia Legal para Inquilinos propietarios al 202-780-2575.iA Riddatz & Associates,Mark R. Raddatz, Esq. 202-466-8001Attorney for Landlord / Abogado para Propietario TENANT'S DECLARATION OF ECONOM IC OR DURING THE COVID-19 PANDEMICMEDICAL HARDSHIP Jam a tenant, lawful occupant, or other person responsible for paying rent, use and occupancy, or any other financial obligation under a lease or tenancy agreemen at (address of dwelling unit): t YOU MUST INDICATE BELOW YOUR QUALIFICATION FOR EVICTION PROTECTION BY SELECTING ONE MORE Tam experiencing financial or medical OF THE OPTIONS BELOW: hardship, and Iam unable to pay my rent or other financial obligations under the lease in full or obtain alternative suitable because of one or more of the permanent housing following: o My income prior to or during the COVID-19 covered was below 40 percent of area median period (March 11, 2020 through today) ' income, based on the chart below. Ci My income has decreased during the COVID-19 covered period due to factors such astemporary or permanent job loss, reduced work hours, reductions in business revenue, orreductions in financial assistance ; Ci Personal or household expenses during the COVID-19 covered period have increased due tofactors such as COVID-19-related medical care or increased childcare costs; Tam currently or during the COVID-19 covered period was eligible for cash assistance,supplemental nutrition assistance program (food stamps), supplemental security income (SSD,Medicaid or DC Healthcare Alliance, or unemployment insurance or benefits. Vacating my home end moving into new permanent housing would pose a significant healthrisk because myself and/or one or more members of my household have an increased risk forsevere illness or death from COVID-19 due to being over the age of sixty-five, having adisability or having an underlying medical condition, which may include but is not limited tobeing immunocompromised.To the extent that I have lost household income or had increased expenses, any additional publicassistance that I have received since the start of the COVID-19 pandemic did not fully make upfor my loss of household income or increased expenses, Tunderstand that I must comply with all other lawful terms under my tenancy, lease agreement or similar contract. I further understand that lawful fees, penalties or interest for not having paid rent in full or met other financial obligations as required by my tenancy, lease agreement or similar contract may still be charged or collected and may result in a monetary judgment against me, I further understand that my landlord may be able to seek eviction and that the law may provide certain protection at that time that s are separate from those available through this declaration. Signed: Print Name: Date: of law. That means NOTICE: You are signing and submitting this form under penalty know is false. it is against the law to make a statement on this form that you 40% Area Median Income Table: Maximum Income People in Household Maximum IncomePeople in Household1 $35,280 5 $55,4402 $40,320 360,4803 $45,360 $65,5204 $50,400 $70,560 HOUSING PROVIDER'S NTENT TO FILE A PRESENTAR UNRECL DEL INTENCIO DEL PROVEEDOR DE COVER POSSESSION VIVIENDA : OPA : POSESION YOU HAVE THE RIGHT TO AND REMAIN IN CORRECT CEASE THE ALLEGED VIOLATON RENTAL UNIT, OF TENANCY RE TAL UNIT UNTIL AND YOU, THE ENANT, NOT HAVE TO UNLESS A COURT ORDE THE VACA GHT TO DISPUTE THE SYOUTODO SO. YOU HAVE THE AND REMAIN IN THE ALLEGATIONS THE COUR'T PROCESS RENTAL UNIT UNTL THE COURT THROUGH MATTER. BOTH THE OFFICE OF THE TENANT ADVOCATEREACHES A DECISION ON THE LANDLORD TENANT LEGAL (202) 719-6560 AND THE MAY REFER FREE LEGAL ASSISTANCE NETWORK (202) 780-2575 MAY PROVIDE OR SERVICES TO TENANTS FACING EVICTION, The Housing Provider y you ith notice of its intent to fil a cc to claim against the named ¢ rental unit should th € ttached NOTICE OF PAST DUE RENT violations set forth in the are not corrected as called thereinUSTED TIENE DERECHO A CORREGIR O CESAR LA PRESUNTATENENCIA Y PERMANECER EN LA VIOLACION DR LA UNIDAD DE ALQUILER. EL QUE DESALOJAR LA UNIDAD DE USTED, NOLE ORDENE HACERLO. USTED ALQUILER HASTA Y A MENOSINQUILINO, QUE UN TIENE EL TRIBUNALPROPIETARIO A TRAVES DEL PROCESO DERECHO DE DISPUTAR LAS ACUSACIONES DEL QUILER HASTA QUE EL TRIBUNAL JUDICIAL Y PERMANE CER EN LA UNIDAD DE TOME UNA DECISION SOBRE EL OFICINA DEL DEFENSOR DEL IN ASUNTO. TANTO EGAL D INQUILINO DEL QUILINO (202) 719-6560 COMOLA RED DE ASISTENCIA PROPIETA (202) 780-2575 PUEDEN PROPORCIO NAR OPUEDEN REFERIR SERVICIOSEL DESALOJO LEGALES G TUITOS A LOS INQUILINOS QUE ENFRENTANPor la presente, el Proveedor de Vivienda le Proporciona un aviso de sureclamo contra los intencién de presentar un inquilinos / ocupantes nombrados paraen Caso de que se recuperar la posesién de la unidad de produzcan las Violaciones establecidas en el alquilerINQUILINO adjunto. no se cortigen, como se AVISO DE ALQUILER VENCIDO EL pide en el mismo,OneSite Rents v3.0 The Franklin Johnston Group Management and Development, LLC Savannah - Page 58 of 77 res-370-00202/14/2024 RESIDENT CHARGES/PAYMENTS LEDGER 03/01/2023 through 02/13/2024Parameters: Show transactions beginning 03/01/2023 Select Status Current cesident; Ledger Type - - - Resident, SubJoumnals + RESIOENT; Porsor atinfo Lease nfo Scheduled Bi lig Ledger nfoName: Moore, Pauline Market Rent: 1.579,00 Lease Rent: 906.00 Previous Bajance: 0.00 Move-In: 12292021 Other Charges: 0.00 Charges: 12,343.10 Lease Begin: 12/29/2021 Other Credits 0.00 Payments: 7, S46. .00Btdg/Unit: 3312-301 Lease End: 11302022 Credits:Stalus: Current resident Move-Out: Current Balance; 4,797.10Contact Info: Notice Given: Notice For: Deposits Gn Hand: 906.00 Oeposits Due: 0.00email: moaorfogle@yahoo.comLedger DetallDate Period Transaction Code Description Journal Document # Charge Credit Balance Bidg/Unit Balance Forwarded: 0.0003/24/2023 032023 3312-301 GB LATEFEE - LATEFEE RESIDENT 226.50 26.5003/24/2023 032023 3312-301 CA- RENT RENT RESIDENT "4,652.30 1,878.8004/01/2023 042023, 312-301 CA- RENT Rent RESIDENT 906.00 2,784.8004/06/2023 3312-301 C8 LATEFEE - Late Charges RESIDENT 45.30 2,830.10 042023.05/01/2023 052023 3312-301 CA- RENT Reni RESIDENT 905.00 3,736.1005/0G/2023 3312-301 CB LATEFEE - Lata Charges RESIDENT 45.30 3,781.40 05202305/08/2023 3312-301 PZ - PMTOPCARD WeicomeHome card RESIDENT MTFBC6VPLA2 1,800,00 2,281.40 052023 payment Pauline - Moore06/01/2023 052023 3312-301 CA-RENT Rent RESIOENT 906.0 3,187.4006/06/2023 3312-301 CB -LATEFEE Late Charges RESIDENT 45.30 3,232.70 05202306/11/2023 3312-301 PZ PMTOPCARD - WelcomeHome card RESIDENT BNVGRLYPLA3 906.00 2,326.70 052023 payment ~ Pauline Moore 6/1/2023 3312-301 CA. RENT Rent RESIDENT 906.00 3,232.7007/01/2023 07202307/06/2023 (3312-301 CB LATE FEE - Lale Charges RESIDENT 45.30 3,276.00 072023 3312-301 PZ- PMTGPCARD WalcomeHome card RESIDENT 4P7CPQ4QA08 1,100.00 2,178.0007/25/2023 9g2023 payment -- Pauline Moore08/01/2023 3312-301 CA- RENT Rent RESIDENT 908.00 3,084.00 gp202308/06/2023. 3312-304 CB LATEFEE - Late Charges RESIDENT 45.30 3,129.30 082023 +09/01/2023 3312-304 CA- RENT Rent RESIDENT 906.00 4,035.30 09202309/06/2023 3312-301 CB LATEFEE - Late Charges RESIDENT 48.20 4,080 60 09202309/11/2023 PZ PMTOPCARD - Welcometome card RESIDENT C7036H9QA07 1,000.00 3,080.60 092023 payment Pauline Moore 3312-301 CA- RENT Rent RESIDENT 906.00 3,966.6010/01/2023 102023 3312-301 CB -LATEFEE Lale Charges RESIDENT 45.30 4,031.9010/06/2023 102023 33 42-301 PZ - PMTOPCARD WelcomeHome card RESIDENT YSQZRCBQAUB 4,040 00 2,991.9040/16/2023 102023 payment Pauline - Moore 10/27/2023 RESIDENT 906.00 3,897.904101/2023 112023 3312-301 CA-RENT Rent LATEFEE Late Charges RESIDENT 45.30 3,943.2011/06/2023 112023 3312-301 CB - CA- RENT Rent RESIOENT 906.00 4,849.20120112023 122023 312-301 RESIDENT 45.30 4,894 5012062023 1 22023 3312-301 CB LATEFEE - Late Charges RESIDENT 906.00 5,600.50.01/01/

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May 16, 2024 |Landlord & Tenant, Judge |Landlord & Tenant - Residential |2024-LTB-005277

Case

3636 CORP. GEN PARTNERSHIP 3636 WOODNER L.P. THE WOODNER APTS-SECTION A v. BLACK STUDENT FUND

May 15, 2024 |Landlord & Tenant, Judge |Landlord & Tenant - Residential |2024-LTB-005205

Ruling

Frank Betancourt, et al vs Richard Betancourt

Aug 21, 2024 |23CV02511

23CV02511BETANCOURT v. BETANCOURT PLAINTIFFS’ MOTION FOR INTERLOCUTORY JUDGMENT OF PARTITION ON THE PLEADINGS AND APPOINTMENT OF REFEREE The motion for judgment on the pleadings is granted.Plaintiffs Frank A. Betancourt and Gidget M. Martinez seek the partition of property located at229 Elm St., Watsonville CA. They wish to force the sale since they, along with defendant(presumably their sibling), all own a third of the property. Defendant refuses to sell and contendsplaintiffs have benefited from rental income of the property not shared with him. (Verifiedanswer ¶ 1.) Plaintiffs ask the court to appoint a professional referee with full authority topartition the property, take possession for the purpose of terminating any tenancies, list it for saleand disburse the proceeds to all parties. In 1991, a grant deed transferred the property to Gloria E. Betancourt as her sole andseparate property. (Verified complaint ¶ 9.) On 9/12/18, a grant deed transferred the property toGloria Esther Betancourt, Frank Amador Betancourt (plaintiff), Richard Anthony Betancourt(defendant), and Gidget Marie Martinez (plaintiff), all unmarried, taking the property as jointtenants with rights of survivorship. (Verified complaint ¶ 12.) On 10/18/23, the affidavit of thedeath of joint tenant, Gloria Betancourt, was recorded. (Verified complaint ¶ 11.) Plaintiffs have not waived any right to partition and there are no encumbrances on theproperty. (Verified complaint ¶¶ 17, 21.) Defendant, in pro per, was served by email and regular mail. He filed an untimelyopposition on 8/15/24, over a week late. The opposition states the home has been the only homehe’s known and he is honoring his deceased mother by keeping and fixing it. He says his nephewlives in the home. His verified answer admits he has a 33.33% interest in the property as a jointtenant. (Verified answer ¶ 1.) Partition is an equitable action that is governed by statute. (Code Civ. Proc. § 872.010 etseq.; all statutory references are to the Code of Civil Procedure.) Property may be partitioned byphysical division, sale of the property and division of the proceeds, or court approved andsupervised partition by appraisal. (§§ 873.210-290, 873.510-850, 873.910-980.) “The interests ofthe parties, plaintiff as well as defendant, may be put in issue, tried, and determined in the Page 1 of 4action.” (§ 872.610.) “Court determination of right to partition. At the trial, the court shalldetermine whether the plaintiff has the right to partition.” (§ 872.710(a) (emphasis added).) If thecourt finds that the plaintiff is entitled to partition, it shall make an interlocutory judgment thatdetermines the interests of the parties in the property and orders the partition of the property. (§872.720(a).) Thereafter, the court shall order that the property be divided in accordance with theparties’ interests as determined in the interlocutory judgment. (§ 872.810.) If the court orderssale, the court shall appoint a referee to divide and sell the property. (§§ 872.010, 873.020.) Allegations in verified pleadings are binding judicial admissions and can support motionsfor judgment on the pleadings. “‘The admission of fact in a pleading is a ‘judicial admission.’’(Valerio v. Andrew Youngquist Construction (2002) 103 Cal.App.4th 1264, 1271 [127 Cal. Rptr.2d 436].) A judicial admission in a pleading is not merely evidence of a fact; it is a conclusiveconcession of the truth of the matter. (Addy v. Bliss & Glennon (1996) 44 Cal.App.4th 205, 218[51 Cal. Rptr. 2d 642].) ‘Well pleaded allegations in the complaint are binding on the plaintiff attrial.” (4 Witkin, Cal. Procedure (5th ed. 2008) Pleading, § 455, p. 587.)’” (Bucur v. Ahmad(2016) 244 Cal.App.4th 175, 187.) On a motion for judgment on the pleadings, as on a demurrer, the court must accept theallegations of the complaint and answer as true. (Gerawan Farming, Inc. v. Lyons (2000) 24Cal.4th 468, 515.) This motion is granted since the relief sought is appropriate considering the verifiedadmissions of ownership by all three owners. Plaintiffs’ Request for Judicial Notice: 1-3. Filed documents in this action: Denied, the court need not take judicial notice of itsown records in the action. 4-5. Recorded deed and affidavit of joint tenant: Granted.Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal orderincorporating, verbatim, the language of any tentative ruling – or attaching and incorporating thetentative by reference - or an order consistent with the announced ruling of the Court, inaccordance with California Rule of Court 3.1312. Such proposed order is required even if theprevailing party submitted a proposed order prior to the hearing (unless the tentative issimply to “grant”). Failure to comply with Local Rule 2.10.01 may result in the imposition ofsanctions following an order to show cause hearing, if a proposed order is not timely filed. Page 2 of 4 LAW AND MOTION TENTATIVE RULINGS DATE: AUGUST 19, 2024 TIME: 8:30 A.M.

Ruling

Phillips vs. Murphy, et al.

Aug 20, 2024 |22CV-0201197

PHILLIPS VS. MURPHY, ET AL.Case Number: 22CV-0201197This matter is on calendar for review regarding status. The Court notes that since today’s hearingdate was set, the Court granted Plaintiff’s Motion for Court Order Appointing Real EstateAppraiser, and a future hearing date for Confirmation of Filing the Appraisal was set. Therefore,today’s review hearing is unnecessary, and is VACATED. The future hearing date forConfirmation of Filing the Appraisal on Monday, September 9, 2024, at 9:00 a.m. inDepartment 64 is confirmed. No appearance is necessary on today’s calendar.

Ruling

Nicole Martinez vs Guy Maxwell

Aug 20, 2024 |24CV-01096

24CV-01096 Nicole Martinez, et al. v. Guy Maxwell, et al.Motion to Strike Portions of Plaintiff’s Complaint Relating to Punitive DamagesThe Motion to Strike Portions of Plaintiff’s Complaint Relating to Punitive Damages isGRANTED WITH LEAVE TO AMEND to allege facts establishing malice, oppression orfraud.

Ruling

Aug 21, 2024 |23CV00834

23CV00834 WANG, ZIH JUN V. PACIFIC GAS & ELECTRIC COMPANY ET ALEVENT: Motion to Compel Further Responses from Pacific Gas and Electric Company toPlaintiff’s Requests for Admission and Form Interrogatory No. 17.1, Sets No. 1,and for Monetary SanctionsThe Court finds that Defendant Pacific Gas & Electric Company et al has providedsufficient code-compliant responses to Request for Admissions Nos. 1, 2, 4 and 17, andthe correspondence Form Interrogatory No. 17.1. The Motion is denied, as is Plaintiff’srequest for sanctions. The Court will sign the form of order submitted by the Defendant.

Ruling

DAVID E. BELLOSO, JR., ET AL. VS PBM 2, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

Aug 23, 2024 |23BBCV01201

Case Number: 23BBCV01201 Hearing Date: August 23, 2024 Dept: NCB CASE NAME: David E. Belloso, Jr., et al. v. PBM 2, LLC, et al. CASE NUMBER: 23BBCV01201 HEARING DATE: 8/23/2024 ______________________________________________________________________________ SUBJECT: Minors Compromise MOVING PARTY: Plaintiff RESP. PARTY: No opposition TENTATIVE RULING: GRANTED The Court has reviewed the petitions and finds the settlements fair and reasonable. The parties have an agreement for attorneys fees, which is attached to the petition, the Declaration of Counsel is sufficient to substantiate the work done in connection with this matter, and the petition is properly verified by Petitioner. The Court is therefore inclined to grant the petitions. Per CRC Rule 7.952, Petitioner and the Claimants are required to attend the hearing on the petition. The Court will therefore require attendance at the hearing in order to grant the petition. As an alternative to personal appearance by the Guardian Ad Litem, the Court will accept a declaration signed by the parents stating that the minors have fully recovered from any injury they suffered in the incident.

Ruling

LLOYD VS. LLOYD, ET AL

Aug 22, 2024 |CVCV20-0195922

LLOYD VS. LLOYD, ET ALCase Number: CVCV20-0195922This matter is on calendar for review regarding status of case and Plaintiff’s counsel. As discussed at multipleprevious hearings, Plaintiff may not proceed in pro per as she is representing the trust. An appearance isnecessary on today’s calendar.

Ruling

THE VILLAGES OF AVALON COMMUNITY ASSOCIATION vs MENDOZA

Aug 25, 2024 |Frank Anthony Moschetti |CVMV2104527

MOTION TO SET ASIDE ENTRY OFTHE VILLAGES OF AVALONDEFAULT, VACATE THE JUDGMENT,CVMV2104527 COMMUNITY ASSOCIATION VSRECALL AND QUASH THE WRIT OFMENDOZAEXECUTIONTentative Ruling: No tentative at this time, due to lack of notice as required pursuant toLocal Rule 3316.

Ruling

ROBERT M. ABER, AN INDIVIDUAL AND TRUSTEE OF ROBERT M. ABER REVOCABLE LIVING TRUST CREATED FEBRUARY 11, 2004 VS PHH MORTGAGE CORPORATION, ET AL.

Aug 19, 2024 |23STCV27937

Case Number: 23STCV27937 Hearing Date: August 19, 2024 Dept: 55 NATURE OF PROCEEDINGS: Demurrer without Motion to Strike The Court having read and considered the moving papers and oral argument, hereby rules as follows: The Court sustains the demurrer to the First Cause of Action, Eighth Cause of Action, Tenth Cause of Action with leave to amend. BACKGROUND On 03/26/24, ROBERT M. ABER, and individual and TRUSTEE OF ROBERT M. ABER REVOCABLE LIVING TRUST CREATED FEBRUARY 11, 2004 (Plaintiff) filed the operative First Amended Complaint (FAC) against PHH MORTGAGE CORPORATION, MORTGAGE ASSETS MANAGEMENT and other defendants (Defendants) related to defendants allegedly enabling Plaintiffs estranged sons to fraudulently sell Plaintiffs home, when they knew or should have known of the fraud. The causes of action are: 1) Violations of Welfare & Institutions Code §15600 et seq. (Elder Abuse); 2) Violations of Civil Code § 1798.93; 3) Violations of Civil Code § 2924.11; 4) Violations of Civil Code § 2924.17; 5) Violations of Civil Code § 3273.11; 6) Violations of the Home Equity Sales Contract Act (HESCA), Civil Code §1695; 7) Slander of Title; 8) Unfair Business Practices; 9) Violations of the Rosenthal Act; 10) Negligence; 11) Breach of Contract; 12) Breach of the Implied Covenant; 13) Fraud; 14) Negligent Misrepresentation; 15) Intentional Interference with Contract; 16) Quiet Title; and 17) Cancellation of Deed. Defendant Wilshire Escrow Company (Wilshire) demurs to the First, Eighth and Tenth causes of action on the grounds that the FAC fails to state facts sufficient to constitute a cause of action. LEGAL STANDARD The primary function of a pleading is to give the other party notice so that it may prepare its case [citation], and a defect in a pleading that otherwise properly notifies a party cannot be said to affect substantial rights. (Harris v. City of Santa Monica (2013) 56 Cal.4th 203, 240.) A demurrer tests the legal sufficiency of the factual allegations in a complaint. (Ivanoff v. Bank of America, N.A. (2017) 9 Cal.App.5th 719, 725.) The Court looks to whether the complaint alleges facts sufficient to state a cause of action or discloses a complete defense. (Id.) The Court does not read passages from a complaint in isolation; in reviewing a ruling on a demurrer, we read the complaint as a whole and its parts in their context. [Citation.] (West v. JPMorgan Chase Bank, N.A. (2013) 214 Cal.App.4th 780, 804.) The Court assume[s] the truth of the properly pleaded factual allegations, facts that reasonably can be inferred from those expressly pleaded and matters of which judicial notice has been taken. (Harris, supra, 56 Cal.4th p. 240.) The court does not, however, assume the truth of contentions, deductions or conclusions of law. [Citation.] (Durell v. Sharp Healthcare (2010) 183 Cal.App.4th 1350, 1358.) A general demurrer may be brought under Code of Civil Procedure section 430.10, subdivision (e) if insufficient facts are stated to support the cause of action asserted or under section 430.10, subdivision (a), where the court has no jurisdiction of the subject of the cause of action alleged in the pleading. All other grounds listed in Section 430.10, including uncertainty under subdivision (f), are special demurrers. Special demurrers are not allowed in limited jurisdiction courts. (Code Civ. Proc., § 92, subd. (c).) Leave to amend must be allowed where there is a reasonable possibility of successful amendment. (Goodman v. Kennedy (1976) 18 Cal.3d 335, 348.) The burden is on the complainant to show the Court that a pleading can be amended successfully. (Id.) First Cause of Action for Elder Abuse The cause of action for elder abuse fails to state a cause of action against Wilshire because Plaintiff has not alleged facts showing Wilshire actually assisted Plaintiffs children in their alleged elder abuse. Financial elder abuse requires that (1) the defendant took, obtained or retained a plaintiffs property (or assisted in that act), (2) that the plaintiff is 65 years of age or older, (3) that the defendant took, obtained or retained the plaintiffs property for a wrongful use or with the intent to defraud, (4) that the plaintiff was harmed, and (5) the defendant's conduct was a substantial factor in causing that harm. (Welf & Inst. Code section 15610.30.) Here the FAC fails to provide any allegations showing that Defendant Wilshire obtained or retained the Plaintiffs property for a wrongful use or with the intent to defraud. For instance, the FAC states, Moreover, at a bare minimum, Wilshire is committing elder abuse by continuing to retain the fees it charged the Plaintiff for facilitating this fraudulent transaction. On this point, Wilshire charged the Plaintiff for acting as an escrow holder, even though he never authorized same, and they have never returned these funds. (FAC ¶ 211.) The FAC further alleges, Wilshire Escrow also should have been aware of this fraud and facilitated its execution. (FAC ¶ 214.) The FAC also alleges, If Wilshire had exercised the basic due diligence of calling the number listed, or simply performing a web search of that number, it would have been apparent that the number does not belong to Dr. Morovati, but instead to Eugene J. Fay, who is not a doctor, and is an associate of Solange Meshay. (FAC ¶ 216.) The FAC further alleges, Wilshire also certainly knew of the Hatchett brothers fraud as they had the Hatchett brothers drivers license and knew their age. (FAC ¶ 226.) The FAC states Wilshire was readily aware that the 2006 amend trust was fraudulent. As stated herein, the Hatchett Brothers would have been 15, and Wilshire had their identification cards and was aware of their age. Nonetheless, they pushed forward with the transaction in order to collect their fees and aided and abetted the Hatchett Brothers in their fraudulent scheme. On this score, Wilshire offered substantial encouragement and assistance to the Hatchett Brothers in completing their fraud. The Hatchett brothers would not have been able to accomplish their scheme without Wilshire's assistance. (FAC ¶ 227.) These allegations are conclusory and fail to show Wilshires intent to defraud. Therefore, the demurrer is sustained with leave to amend as to the first cause of action for elder abuse. Eighth Cause of Action for Unfair Business Practices Defendant argues that the cause of action for unlawful business practices fails as a matter of law. To bring a UCL claim, a plaintiff must show either an (1) unlawful, unfair, or fraudulent business act or practice, or (2) unfair, deceptive, untrue or misleading advertising. (Adhav v. Midway Rent A Car, Inc. (2019) 37 Cal.App.5th 954, 970.) A plaintiff alleging unfair business practices under these statutes must state with reasonable particularity the facts supporting the statutory elements of the violation. (Khoury v. Maly's of California, Inc. (1993) 14 Cal.App.4th 612, 619.) An unlawful business practice or act within the meaning of the UCL is an act or practice, committed pursuant to business activity, that is at the same time forbidden by law. (Bernardo v. Planned Parenthood Federation of America (2004) 115 Cal.App.4th 322, 351.) The FAC alleges in a conclusory manner the unlawful acts and practices of Defendants alleged herein constitute unlawful, unfair or fraudulent business practices within the meaning of Business and Professions Code§ 17200. (FAC ¶414.) Plaintiff further alleges Wilshire is readily aware of the fraud exhibited herein, and was aware of said fraud before the transaction closed. Nonetheless, Wilshire has improperly charged the Plaintiff for its services to the tune of thousands of dollars and continues to refuse to refund said fees to Plaintiff. (FAC ¶415.) Moreover, Plaintiff alleges that Wilshires failure to speak to Mr. Aber or Maxine Aber ... certainly indicates they should have known of the fraud, and could have discovered it easily in the routine course of their work as escrow company professionals. (FAC ¶394.) As discussed above, the FAC fails to allege sufficient facts supporting that Wilshire knew the sale and/or payoff demand were fraudulent prior to its recordation of the Deed of Trust on May 8, 2023. Thus, a reasonable jury could not infer from the face of the FAC that Wilshire acted unlawfully, unfairly, or fraudulently towards Plaintiff in recording the Deed of Trust. Therefore, the demurrer is sustained with leave to amend as to the eighth cause of action for unfair business practices. Tenth Cause of Action for Negligence Defendant argues that the cause of action for negligence fails to state a claim against Wilshire because an escrow holders fiduciary duty is to strictly comply with the instructions of the parties. The elements for negligence cause of action are duty, breach, causation and damages. (County of Santa Clara v. Atlantic Richfield Co. (2006) 137 Cal.App.4th 292, 318.)¿ Ordinarily, negligence may be alleged in general terms, without specific facts showing how the injury occurred, but there are limits to the generality with which a plaintiff is permitted to state his cause of action, and the plaintiff must indicate the acts or omissions which are said to have been negligently performed. He may not recover upon the bare statement that the defendants negligence has caused him injury. (Berkley v. Dowds (2007) 152 Cal.App.4th 518, 527 [Internal quotations and ellipses omitted].) However, there is no requirement that plaintiff identify and allege the precise moment of the injury or the exact nature of the wrongful act. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747 [internal brackets omitted].) The FAC alleges in a conclusory manner PHH and Wilshires utter failure to take any reasonable steps to prevent the fraudulent sale of the home after being informed that the parties who provided the payoff were not authorized thus constituted negligence by these parties. (FAC ¶ 463.) The FAC further states Moreover, Wilshire Escrow also breached their duty of care to the Plaintiff, a senior citizen and the trustee of the trust for which it was purporting to act as escrow agent. As an initial matter, as set forth herein, the forged 2006 Restatement of Trust contained a myriad of inconsistencies and outright illegalities, such as the status of the Hatchett brothers as minors while supposedly being appointed co-trustees. (FAC ¶ 444.) The FAC further alleges Wilshires failure to speak to Mr. Aber or Maxine Aber even once, solely based on Alvin Hatchetts request not to do so, certainly indicates they should have known of the fraud, and could have discovered it easily in the routine course of their work as escrow company professionals. (FAC ¶ 447.) Additionally, in Summit Financial Holdings Ltd. v. Continental Lawyers Title Co., the Supreme Court of California held that [a]n escrow holder has a fiduciary duty to comply strictly with the instructions of the parties but "has no general duty to police the affairs of its depositors". (Summit Financial Holdings, Ltd. v. Continental Lawyers Title Co. (2002) 27 Cal.4th 705, 711.)"Absent clear evidence of fraud, an escrow holder's obligations are limited to compliance with the parties' instructions." (Id.) Notably, the FAC fails to provide any facts showing the duties of an Escrow Holder, such as Wilshire, are only owed if found in the escrow instruction or set forth in the statute alleged. Here, Plaintiff provides no basis, factually or legally, that supports its allegations that Wilshire negligently performed any duty it accepted in its escrow instructions. Therefore, the demurrer is sustained with leave to amend as to the tenth cause of action for negligence. Conclusion Therefore, the Court sustains the demurrer as to the First Cause of Action, Eighth Cause of Action, and Tenth Cause of Action with leave to amend. Plaintiff to notice.

Document

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May 12, 2024 |Landlord & Tenant, Judge |Landlord & Tenant - Residential |2024-LTB-005113

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May 14, 2024 |Landlord & Tenant, Judge |Landlord & Tenant - Residential |2024-LTB-005198

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May 14, 2024 |Landlord & Tenant, Judge |Landlord & Tenant - Residential |2024-LTB-005244

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May 16, 2024 |Landlord & Tenant, Judge |Landlord & Tenant - Residential |2024-LTB-005275

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May 14, 2024 |Landlord & Tenant, Judge |Landlord & Tenant - Commercial |2024-LTB-005175

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May 14, 2024 |Landlord & Tenant, Judge |Landlord & Tenant - Residential |2024-LTB-005177

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May 16, 2024 |Landlord & Tenant, Judge |Landlord & Tenant - Residential |2024-LTB-005236

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LPF Senate Square, LLC v. MARK PUBLOW

May 15, 2024 |Landlord & Tenant, Judge |Landlord & Tenant - Residential |2024-LTB-005210

Complaint Filed - Docketed On: 05/20/2024 May 20, 2024 (2024)
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