Right around the time the defendants' answer was due in district court, the procedural games began. On January 9, Frank emailed me for the first time stating that Anna was looking for new counsel — without explaining why. He claimed she had been searching since December 16, but I didn't take it seriously. If she…
State Court
To ring in the New Year, I spent it writing up the Request for Admissions. These are formal statements that the opposing party must admit or deny under oath.
They are used to narrow the issues for trial by establishing certain facts as true ahead of time. If they fail to respond within the…
On Christmas Day (and my favorite holiday), I spent it writing up my request for discovery. I sent the Request for Documents and Interrogatories the next day. These are formal discovery tools used to gather evidence. The Request for Documents asks the opposing party to produce specific records, emails, or other materials related to the…
While most people were busy enjoying the holidays, I was busy trying to protect my case. The trial was scheduled quickly, which it's supposed to be for a trial de novo. This just means starting with a clean slate — and past judgments and actions in the lower court aren't supposed to interfere with your…
After receiving the arbitration ruling, I filed my Notice of Appeal and moved the case to district court by filing a Demand for Trial de Novo on December 16, 2024. Along with it, I filed an Amended Complaint. The core of the complaint stayed largely the same, continuing to allege breach of contract and unfair…
During the hearing, the respondents’ attorney stated that I filed a complaint with the NCHRC but that no violations were found, even though the investigation was still ongoing. This either violates the Rules of Professional Conduct or shows they had access to information I wasn't given.
I was only given three minutes to cross-examine…
This was the only motion I filed that was truly a mistake on my part. I filed a Motion for Leave under Rule 15(a) because I thought I had to, based on what opposing counsel and the magistrate said during the small claims hearing. There were no major changes — just an update that I…
An arbitration hearing is an informal legal proceeding held before a neutral court official called an arbitrator. Arbitration hearings are limited by rule to one hour and take place in the courthouse. The hearings are conducted in a serious but relaxed atmosphere, with the rules of evidence serving as a guide. At the hearing, each…
Requested a jury trial due to what happened with the magistrate. I knew this would mean I would have to learn more, but I was confident that I would be able to file for summary judgement with having the unfit housing case.
Notice of Appeal
Violations: Improper oral motion; hearsay and prior negotiations; potential personal bias.
Despite not being the last case called during roll call, the magistrate waited until the courtroom was empty except for two non-English speaking people awaiting a hearing before proceeding with my hearing.
Frank McGraw improperly tried to file for dismissal under Rule 15, which…