Tag Archives: Arizona Landlord Tenant Act

Opinion: Why Is Pima County Consolidated Justice Court Unfair?

“Injustice anywhere is a threat to justice everywhere.” Martin Luther King,Jr.

First of all, we are taught as soon as we can read and understand, that the American system of justice is fair and equal. And, there are some of us, who believed it, and some of us who continue to fight for that fairness and equity.  Now, some will say that this post is about ‘sour grapes’, but please be assured, it is not. And since I asked the question,  I will provide the answers which support my opinion that the court is unfair, biased, and, unfortunately, it has ‘pockets’ of racism.

In my opinion, there is a ‘circle of corruption’, and those who are within that circle make it a point to ‘steer’ a case to the other members of that circle.  In that way, they are assured of an illegal victory. And that circle does not stop at the doors of that particular court, it goes up to the next level, which is Pima County Superior Court. Now, the coincidences must be looked at objectively, and one being that Lisa Royal, the current Court Administrator for Justice Court, was also once part of the administration of Superior Court. That does not automatically translate into the existence  of a ‘conspiracy’, but when everything starts going south, and the rules are bent and/or ignored, then one has to, at the very least, explore that possibility.

For example, in Arizona, there is something that is called the Arizona Landlord Tenant Act, now in this particular case, the landlord, admitted that he was retaliating. The ACT says that if a landlord is asking a tenant to move based upon a complaint about living conditions, then it is retaliation, and it is prohibited.  Now, if a tenant not only has proof of the complaint, but has that proof in writing, the landlord is supposed to be prohibited from making a tenant move. When a judge sees a document that has a statement written by the landlord, under oath, then why would Judge Pro Tem say that he did not “see” retaliation?  This is the portion of that sworn document:

 

(As most people know, the word “troublemakers” is code for those who request their rights. That is the term used  in the 1950’s and 1960’s to describe Martin Luther King, Jr.) This was an admission to retaliating, written under oath, and to which he admitted on the record. So what stopped the judge from ruling as to retaliation?

When an agency director, who is paying a portion of the rent, testifies under oath that the landlord promised to  provide a lease, then why would the testimony of that independent third-party be ignored by the judge? And, then, why would a Superior Court judge mis-state the facts and state that the tenant “assumed” that there was supposed to be a lease,even though that issue is not properly before them?

Why would Lisa Royal and Xavier Verdugo promise to adhere to specific rules of Civil Appellate Procedure, then not do so? But instead, allegedly use their connections to speed up the process while ignoring those rules? Why would a Superior Court judge refuse to rule upon a Motion for New Trial when  it is within his purview to do so, and again, rush the case back?  Why would Justice Court then rule on that motion without jurisdiction, but delay in ruling on the motion to vacate the ruling? Why, when one of the other tenants/defendants no longer resides with the other, would Justice Court refuse to serve that party with notice of a hearing using their mailing address?

When all of the above questions, in and of themselves, represent judicial aberrations, then one must come to the conclusion which forms the opinion that the specific parties, and their court, are indeed, unfair. One must also, at that point, look at what is similar and dissimilar between all of the parties. If all of the parties are of all races except for Black,  but the defendants/tenants are Black, then one can fairly come to the conclusion, (based upon the judicial aberrations), that the issue of race, must indeed be a factor, and that the scales of justice are not balanced, and in this case, lady justice was not blind at all.

And yet, they boldly do it in plain sight, on the record, and blatantly.  It is my opinion, that the parties involved not only lack a conscience, but also lack a soul, and have neither integrity nor respect for the offices which they hold. It is my opinion that their loyalty is not to the law, but to one another. Could that be why the plaintiff’s attorney, Blythe Edmondson,  felt comfortable paying fast and loose with the facts, and, the truth?

It seems as if this were some re-creation of the feudal system, and the poor laborer has no rights when it comes to the wealthy landowner or the aristocracy. But wait … what? No, but that can’t be right? That was England, right? This is America, right? And, slavery has been abolished in America, right?  There is something called the U.S. Constitution, right? There is something called Due Process, right? There is something called “Equal Protection Under The Law”, right?

Based upon all of the above, this is not an issue of sour grapes, but an issue of injustice and  of justice denied.

So my friends, that is why my opinion is that Pima County Consolidated Justice Court is unfair and biased. That is why it is my opinion that this particular case was steered to those within the alleged ‘circle of corruption’.

I would say to each and every one of them – ‘Shame on you for what you have done.’

#EqualProtectionUnderTheLaw #MartinLutherKingJr #ArizonaLandlordTenantAct

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Opinion: Pima County Consolidated Justice Court – Injustice Served Daily?

 

Pima County consolidated Justice Court

Located in the center of Tucson, Arizona is a court named Pima County Consolidated Justice Court. But, in my opinion, the only justice served in that court is injustice.  In what other court does the person who is in charge of the flow of paperwork and cases, not know the rules of court, and when advised, ignores them and does whatever he or she pleases? That person is Lisa Royal and her civil supervisor Xavier Verdugo.

I wonder just how many people other than myself have their Constitutional rights ignored and/or violated? Crucial and important exhibits simply vanish, even though there is a video and audio tape showing that the document was in the hands of the play-judge, Thomas Benavidez, as he mocked me during the trial? And, oddly enough, the document in which the landlord admitted in writing that he was retaliating against the tenants for complaining about lack of air conditioning in September, 2017? One of the hottest months on record?  In what judicial universe does a judge leave a courtroom without adjourning the court and the attorney gets up and exits as well?  Seemingly, the case was decided in the hallway and not in the courtroom.

In what judicial universe does a a judge, Susan Bacal, hear arguments on a motion that did not exist, and then declare it to be moot? And does not even allow the person (myself), who supposedly filed the non-existent motion to not speak on her own behalf? I filed an answer to the ‘reply’ to the non-existent motion. Clearly Judge Bacal ignored it. Once again, Blythe Edmondson was allowed to violate the rules and file false documents with the court and suffered no consequences from her ‘friends’.

And Blythe Edmondson, who is “well-connected” in the community is allowed to flagrantly ignore the rules of court, to file whatever she wants without adhering to any of the rules.  Her defense of her client is to fabricate and lie on the self-represented litigant, and call that person names, while advocating on behalf of  a slumlord, a perjurer and a liar.

And the highly respected Landlord/Tenant Act is so blatantly ignored? Yet the attorney’s friend did not ‘see’ retaliation, even after holding in his hand a certified document in which the landlord admitted, under oath, that he had indeed retaliated. And Benavidez even refused to put his rulings in writing, when asked to do so by the court. And, Edmondson lied and stated that he had ruled on items when he had not done so. This same play-judge, (Pro Tem) is married to a woman who authored a response to an appeal filed by me,  and lied stating that in the lower court, I had not presented any medical documentation, when the transcripts show that I did. No way I can actually prove a connection, but the appearance of impropriety is there.

Pima County Justice Court, when it comes to landlord/tenant actions are solely for the benefit of landlords, where attorneys have established friendships with the judges and the clerks, and just give them whatever it is that they are asking for.

And lastly, my opportunity to defend myself against the lies of Blythe Edmondson, was stolen by Lisa Royal, Xavier Verdugo, and Judge Metcalf (superior court) because the rules regarding procedural motions filed after a notice of appeal were ignored. And ignored after promising that they would adhere to them.  Blythe Edmondson called me a ‘vexatious litigant’ in her reply memorandum, even though she did not raise that as an issue during the trial, and even though it was not I who filed this action in the court. So, tenants are supposed to be defamed for making every legitimate attempt to fight back against an illegal eviction attempt and a retaliatory one at that? What has them ‘vexed’ is the fact that I did stand up and fight back. If I were indeed “vexacious”, I would have filed something against the court for doing that to me. But I did nothing about it. I took no action.

Quite an incompetent lot, one might say. But the truth is that the lack of respect towards me as a Black woman, overrode their obligation to adhere to the law. The cronyism is so open and flagrant that a tenant telling the truth does not stand a chance, especially if the tenant is Black.  So no, Benavidez has an impressive resume, but he clearly took one look at me, and another look at his White colleague, and decided to throw the law and the rule-book away. The truth is that he saw me as stupid, because that is how they see me. They look only at the color of my skin and decided that I was not important enough to treat fairly.

And Blythe Edmondson had the audacity to threaten me with an additional judgment if they execute the writ of restitution! They don’t charge people to execute those writs, but since Blythe will ask them to do so, then why not break another rule? Just like Archibald Cox did when he served me with a writ that was NOT signed by a judge, and when my rent was paid. My opinion? Matthew Koglemeir made it worth his while.

This is Pima County Consolidated Justice Court. Where the statutes and rules do not matter when it comes to Black people. And yes, I am playing the race card, because it is the hand that these people dealt me. They should be ashamed, but when my appeal was erroneously and rapidly denied, they probably met later on that night and celebrated with champagne. I do not know that, but that is my opinion.

That a senior citizen, who is disabled, would be cheated out of remaining in her home, even with a doctor’s statement, is unconscionable.  But then, racism, in and of itself is indeed unconscionable, but they have no shame. And they do this to people, every, single, day. They should all resign, because in my opinion, they are all unfit.  Landlord/Tenant cases should go straight to Superior Court, especially when the action is contested!

https://tucson.com/news/local/steller-column-judges-question-hiring-of-pima-court-official-linked/article_7b638840-bf23-5b91-9e65-e248e66dcc47.html

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