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…
State Court
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…
I didn’t change anything in the claim itself; I only updated the rent abatement and loss of work amounts. I also provided the court with supplemental documentation outlining what would be discussed. The opposing party didn’t receive these items until the morning of the hearing, which I did intentionally. I was not required to provide…
After the improper motion was filed, I notified the court of the violation and refiled my complaint with full details and events to protect my case. I didn’t have to do this, but given the circumstances, I felt it was necessary. I also removed the request for the security deposit because I later realized it…
