2:00PM Hearing

The HOA's case against me for a TRO was this afternoon at 2:00PM. Guess who didn't show up?

As I waited in the courtroom for 2:00PM, I noticed Danny Trapp wasn't there. When my case  was called, two lawyers were there from Turner Padget. After Attorney Behnke spoke for the Plaintiff, it was my turn.

The first thing I did was comment on the absence of Danny Trapp and ask for the entire case to be dismissed. The judge said he'd take it under advisement.

Then I addressed the comments by the lawyer and made comments in my defense about the allegations of Danny in his Affidavit. In a few minutes I covered a lot of ground, and I did it with only a few glances at my notes. I could tell that the judge could listen as fast as I could speak, so I kept going.

My three Motions are pending and not yet scheduled; 1) to dismiss the entire case; 2) to remove the attorney; 3) to remove Danny Trapp.

I raised the point that the HOA's Board of Directors never voted on any part of this legal matter. Whose case is it? If the Board didn't vote on it, how can it be the HOA's case? Plus they can't vote on it, because of the prohibition in Art. XIII, Section 10 of the CC&Rs. 

Wouldn't it be great, if the judge told the HOA's lawyers and me to work it out? We would all be on the same side; i.e., on the HOA's side. On the homeowners' side. That would be a win/win.

The judge did not give a timetable for his decision on the TRO, but I'll expect it in the mail one of these days. I got a fair hearing.

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