Rate of Flow

Lexington park is a good place to live over all. Maintenance is quick to respond when you have a problem, and fix it right the first time. Only real issue I have is they advertise two pools, but during the past 5 years I have lived here they have never been open at the same time, and it doesn’t look as if they have any intention of fixing the larger pool. Office staff always very friendly, great neighborhood, quiet, and great with pets. I have no intention of leaving anytime soon. -LINK

That review was last updated in July. I bet some plucky SMT has devised a solution.

Later, we will attempt to solve a similar problem of how fast did your furniture flow out the door of your apartment that you can’t unlock. We also may need to review how water & sewer bills go out when the state of NC says they should stop.

 

 

 

Connor Meet the NC Utilities Commission…

Hello,

Sorry for that brief interruption. A little confusion there. There exists an email address that will post automatically and anonymously to this blog. I think someone used it by accident to try and contact me. RENTN (the little a with a circle) RUNBOX (period)COM is a good way to do that.

Be careful using that other email address because it shoots  up here un-edited. Sorry for the confusion.

Negligent Misrepresentation or Fraud

  • A representation is made by a defendant in the course of a transaction in which he has pecuniary interest

  • The defendant supplies “false information” for the guidance of other in their business

  • The defandant did not exercise reasonable care or competence in obtaining or communicating the infomation

  • The plaintiff suffers pecuniary loss by justifiably relying on the representation

  • Courts have focused on whether the fact about the property alleged to have been misrepresented by the seller was discover-able by the purchaser

In other words, sellers have a duty not to represent falsely a condition that is known only to them and that cannot be expected to be diagnosed by the exercise of reasonable diligence by the purchaser.

McWilliams v Barnes, 242 P.2d 1063 (Kan. 1952)

Chapman v Hosek, 475 N.E.2d 593 (Ill. App. Ct. 1985)

Gilchrist Timber Co. V ITT Rayonier, 696 So.2d 334 (Fla. 1997)

–Common Law Approaches To Non-Disclosure/Limited Disclosure of Environmental Liabilities, Sharon M. Mattox, The Practical Real Estate Lawyer

 

Primordial Ooze

The Connor Group supports education in the communities they do business. Here, at a The Quarry Luxury Apartments in The Columbus area, the staff is helping local science students with their bio-tech start-up project by fermenting a nutrient rich broth in their hot tub. The students are working on developing a chameleon-like mold that will absorb pigments from paint. If successful, the work will benefit The Connor Group by making it easier to paint over water and mold damage and save them the time and expense of actually dealing with structural problems.

 

Unenforceable and Illegal Are Two Different Things

Schoolhouse Rock – The Lost Ohio Sessions

  • The General Assembly of Ohio enacts a bill.
  • The Governor signs or vetoes the enactment.
  • The signed law is restated (codified)  in Ohio Revised Code (ORC).
  • ORC 5321.13 is titled: Terms Prohibited in rental agreement.
  • Item (C) states:

 No agreement to pay the landlord’s or tenant’s attorney’s fees shall be recognized in any rental agreement for residential premises or in any other agreement between a landlord and tenant.

  • The Connor Group (TCG) lease states:

In the event of the employment of an attorney by Management because of a violation by Resident of any terms or conditions of this Agreement, Resident shall pay attorney’s fees and other costs or expenses incurred by Management in connection therewith, which shall be considered an additional fee and shall be secured hereunder.

Pop Quiz: Is the TCG lease clause illegal?

If you answered ‘Duh! Yes. Are you illiterate or just a <insert name of rival school> graduate?”

Bite me. Beside, TCG and Dunlevy, Mahan & Furry say you are wrong. The clause from the TCG lease is not “illegal”. It is merely “unenforceable”. Let me assplain.

TCG considers it defamatory to say their lease contains illegal clauses. TCG’s position is that their lease merely offends the public sensibilities  and a court will not enforce it because it harms one of the parties involved or could pose harm to society as a whole. Again, that is my layman’s interpretation of their position. It is possible they believe their lease is unenforceable due to misrepresentation, nondisclosure, unconscionably, or other reasons. TCG, who has been owning and operating thousands of apartment units in Ohio since 1991 and contracts the services of many of Ohio’s largest law firms, may not have been acting in bad faith in using an unenforceable clause in their leases. They may have just made a mistake.

TCG also had another interesting take on this, but I shall ask for a recess to wash my face. I’m either suffering from Ebola or this Mickey Mouse bullshytt is causing me to bleed from my eyes.

Pro Se Fantasy

I’ll see if I can quickly continue my little Pro Se fantasy.

<cue dream sequence with Bad Company soundtrack >


Paragraph 6(e) of the Amended Complaint alleges that Defendant made statements that Plaintiffs “pay residents for providing favorable online reviews…  At most, …the plaintiffs gave gift cards or gas cards if residents would leave online reviews, “whether favorable or unfavorable.”


The Connor Group pays for favorable or unfavorable reviews. (TRUE)

The Connor Group pays for favorable reviews. (TRUE)

The Connor Group pays for unfavorable reviews. (TRUE)

TCG just admitted the statement is true. So we’re done here, right?


Using an analogy, it would be one thing to say that a judge is paid to make decisions. It would be quite another to say that a judge is paid to make decisions favorable to labor unions!


Kudos to plaintiffs lawyer for being able to kiss ass while in the midst of such an over-reaching, double salchow into a twisted analogy. To correctly use TCG’s analogy:

The Connor Group recruits and pays witnesses to testify. It doesn’t matter, though, because TCG pays them no matter if their testimony if favorable or unfavorable.

A judge getting paid to behave as a judge is in no way suspect to begin with. A business paying for endorsements without disclosing their payment violates the Terms of Service of the targeted website and the FTC rules regarding paid endorsements, which have been in place since the Fifties and have been recently clearly defined as applicable to social media.

As plaintiffs pointed out, the judge get paid no matter which way this decision turns out. The entire courthouse will get paid no matter which way this Mickey Mouse bullshytt swings. The taxpayers of  the budget strapped governments of Montgomery County and the State of  Ohio get another way to help a billion dollar corporation besides that fancy new building by the airport.

Advocate’s duty of candor to the tribunal

This rule sets forth the special duties of lawyers as officers of the court to avoid  conduct that undermines the integrity of the adjudicative process. A lawyer acting as an advocate in an adjudicative proceeding has an obligation to present the client’s case with persuasive force. Performance of that duty while maintaining confidences of the client, however,  is qualified by the advocate’s duty of candor to the tribunal.

What does this mean in lay terms? I think it means a lawyer should do all they can for their client, but they aren’t supposed to allow anything they know to be false or misleading to be introduced to the court. For example, yesterday, I posted how the plaintiff implied I may have faked those internet postings shown in support of my arguments.

Did I? No, but the plaintiff’s lawyer doesn’t know that. For all he knows, I may have created those Twitter accounts several years ago, tied them to corresponding Instagram and Path accounts; hacked into a GPS system; and faked being in different parts of the country, eating at different restaurants and bars, and posting pictures of my fake-self with my fake-friends and family. It is possible that I’ve created over 30K tweets in order to one day defend one charge of a defamation from a real estate company I wouldn’t hear about for years.

Anyway, the plaintiffs lawyer didn’t submit knowingly false evidence to the court. He merely implied that I did by pretending to be a young co-ed, a single mom, and a gentleman who was at a Falcons game in Houston yesterday.

I’ve tweeted him a few times and asked if he was me, but he or I hasn’t gotten back to me yet. Not surprising if it’s me, I can be pretty rude at times even to myself. Not surprising if it’s not me either. I’m used to people dummying up pretty quick when you mention The Connor Group.

ITT: I pretend to go pro se

I have been a defendant in a defamation lawsuit for about six months now. If you’ve ever wondered what it would be like to have your day in court, let me take a few moments and relate to you my impressions so far.

It blows.

First of all, you probably won’t ever have your day in court. The law is like playing Monopoly when you were a kid. It goes on and on with no movement. People make shit up. You argue if that’s really what the rules say. You accept some lies and come to an agreement. People take a turn, make up new shit, and dispute the amended rules. Don’t believe me. Let me walk you through an example.

The plaintiffs, The Connor Group (TCG), own about a half dozen apartment complexes around Columbus. Associates at these complexes have to post Craigslist ads throughout the day to keep their properties “fresh” and at the top of the listings. Multiple associates at multiple properties making multiple postings multiplies into them essentially “spamming” the housing section of columbus dot craiglist dot org.

TCG contends that saying they spam is defamatory. Because TCG (figuratively) goes before a judge and says:

  • Spamming is a criminal act (CAN-SPAM act, 15 USC 7701)
  • Defendant admits to accusing Plaintiffs of this criminal act
  • Plaintiffs allege the statements are not true
  • a false factual assertion of illegality is defamatory

OK. Who can spot the bullshytt in that argument? I have no legal training, but I’ll take a shot. Well you see,………………………………………………. Well, I can’t really find anything wrong in that argument. Then again, I can’t find anything wrong in this argument either.

  • Spamming is the use of electronic messaging systems to send unsolicited bulk messages (spam), especially advertising, indiscriminately. While the most widely recognized form of spam is e-mail spam, the term is applied to similar abuses in other media: instant messaging spam, Usenet newsgroup spam, Web search engine spam, spam in blogs, wiki spam, online classified ads spam, mobile phone messaging spam, Internet forum spam, junk fax transmissions, social spam, television advertising and file sharing spam.
  • The plaintiffs do this.
  • A statement cannot be defamatory if it is true.

Wait a minute, Junior. If they’re both true….

Good question. It would be impossible for the court to decide what was in the brain of the speaker. The tie goes to the runner. If speech can be interpreted in a protected manner and in a defamatory manner, it was long since decided that protecting protected speech is more important than the bruised ego of some pompous ass in Dayton. Well, they didn’t decided it exactly that way.

If an insolent jackass like you know this, wouldn’t a lawyer? And wouldn’t a judge bitch-slap some idiot for daring to file this?

Wait. The stupid’s not over. I found a TCG employee bragging on Twitter about how they own Craiglist. The ass-steamed barrister for the opposition said that these posting could have been made by me. Would asking your stupid employees if those were their tweets be a little more judicious than accusing me of perjury?

Capture10

Another less comical item was that these internet posting (some of which were on Glassdoor) could not be authenicate. The plaintiff has little problem accepting the authenticity of internet postings when it suit them.

GlassDoor
This is just ONE item in there complaint.

Do you feel better now, Cupcake?

Yes. I do. I may not be able to be able to stand up in court and say it Al Pacino style, but I can say it in this blog and there is not a goddamn thing Larry Connor or his taint-snorting lackeys can do about it beside annoy me.