Motion to Vacate, DENIED

As predicted, I won the Motion to Vacate filed by the defendant. It was pretty funny; although I was well-prepared and organized, I didn't get to say one word.

The defendant did enough to help my cause. He started out arguing the two judgments already against the company he was representing. He told the judge he was representing Rowling Real Estate, which I had dropped from the case early on when it became apparent that Capital Commercial Investments was the responsible party. He was using that to show the judge that Rowling Real Estate owed me nothing, as per the court document issued after I dropped that entity from my case.

The judge asked me if I'd dropped Rowling Real Estate. I said 'yes.' That was the only thing I said all morning! She then told Rowling that, since his real estate company was not involved, he had no standing in this court, at which point he became the representative of CCI.

I recognized early on that these two mutts were going to play ping pong with their two companies. At first, Rowling Real Estate was the admitted culprit. At the Trial de Novo, it was CCI. Research revealed that William Rowling was an officer of CCI, and his pal, the other defendant, is president of Capital Commercial Investments. He was definitely involved, and had no involvement with Rowling Real Estate, so I determined CCI was the entity responsible for the theft of my belongings.

After Bill Rowling presented himself as representing CCI, he proceeded to attempt to try the case all over again. Rowling Real Estate was responsible. CCI was not responsible. He didn't know he was an officer of CCI.

At this point, the judge said, "Sir, how could you not know you were an officer of this company?"
It was pretty funny. The judge finally told him that she saw no reason to vacate the decision of two previous judges and the motion to vacate was denied.

As I was leaving, Rowling was waiting outside. He wanted to bargain. I told him I'd take $1800, and if he acts now, I'll waive the court and process server fees. He whined that the first judge only awarded me $700. I laughed and said, "I bet you wish you'd jumped on that offer!"

The next step is filing another debtor's exam. That means paying the court $60 for filing fees, and another $100 to serve these two mutts with papers. They have to bring in their books, I write down bank account numbers to determine which accounts I will loot, then I have to get a marshal to visit the bank and extract a check out of the lucky account.

I'm not in a huge hurry. Every month I'm not paid, interest is compounding monthly. That's like free money and it adds up. There are other penalties I can and will ask for.

Should the debtors exam fail, there are tougher options I can pursue. The mutts could lose their drivers' licenses, which would be amusing for a pair of realtors.

Although I kind of hope that the debtors exam will finish this, I am a bit interested in the harsher collection tactics I am allowed by the court system.

I will not be merciful.

Well here it is, nearly November, and this thing is still not resolved. Here is a list of everything I've done so far:
1. Small claims filing. Went to court. Won. Judge awarded me $700.00. I was asking for $1800.00.
2. Defendant appeals in Superior Court. Loses. I am awarded $1800.00.
3. I file for a Debtor's Exam. The day the defendant is served, he files for a Motion to Vacate.
4. Judge at Debtor's Exam postpones until after the Motion to Vacate.
5. Defendant fails to appear at the motion hearing.
6. Debtor's Exam; defendant fails to appear, my bike throws a rod on my way to the courthouse.
I phone the court to tell them I can't be there.
7. I get a notice from the court in the mail yesterday. Another Motion to Vacate is scheduled.

So how many times do these assholes get to file Motions to Vacate? Well, the advisor told me that the defendant may have had a legitimate excuse, as did I. But that does not excuse his failure to appear at the debtor's exam. This is getting annoying. I'll win the Motion to Vacate, as the jackass is now trying to claim he doesn't work for Capital Commercial Investments, he's "just helping out."

I've got documents from the California State Board of Realty site that lists him as an officer of CCI until August, 2010. Since all this began back in 2007, he was an officer at that time.

Furthermore, he's been the one appearing in court and filing motions. "Just helping out?"
Yeah right. It's the weirdest thing...he's acting like none of the California documents linking him with CCI matter. They do matter a great deal, they are the evidence I will use to smack this bitch back to the debtor's exam.

Apparently what happens there is, you look at their books, find their bank accounts and valuables and real property. You pick one, get a marshal to hit the bank and remove what's owed. I want punitive damages as well. This has dragged on long enough, and the court should be tired of their transparent shenanigans.