[00:00.000 --> 00:05.000]  The following flash is brought to you by the Lone Star Lowdown.
[00:05.000 --> 00:15.000]  Markets for Wednesday the 15th of February 2017 are currently treading with gold at $1,231.18 an ounce, silver $17.95 an ounce,
[00:15.000 --> 00:23.000]  Texas crude $53.20 a barrel, and Bitcoin is sitting at about 1,012 U.S. currency.
[00:23.000 --> 00:30.000]  Today in history, the year 2003 protests against the Iraq war took place in over 600 cities worldwide.
[00:30.000 --> 00:40.000]  It is estimated that anywhere between 8 to 30 million people participated, making it the largest peace demonstration ever today in history.
[00:40.000 --> 00:47.000]  In recent news, a day after his resignation, the White House stated Tuesday that President Trump forced Michael Flynn to resign as
[00:47.000 --> 00:53.000]  National Security Advisor because he broke trust, not laws. This is in light of the controversy that Mr. Flynn had misled the
[00:53.000 --> 01:00.000]  Vice President and other administration officials about his phone conversation with Russian Ambassador Sergei Kislyak about U.S.
[01:00.000 --> 01:04.000]  sanctions against Moscow. White House Press Secretary Sean Spicer stated that, quote,
[01:04.000 --> 01:22.000]  The president got to the point where General Flynn's relationship, misleading the vice president and others, or the possibility that he had forgotten critical details of this important conversation, had created a critical mass in an unsustainable situation. That's why the president decided to ask for his resignation. And he got it.
[01:22.000 --> 01:26.000]  Governor Jerry Brown, in regards to the tallest dam in America, stated on Monday that, quote,
[01:26.000 --> 01:35.000]  Things can fail, whether it's levees or dams or bridges. We're doing everything we can to get this dam in shape so that back to East can return and live safely without fear.
[01:35.000 --> 01:44.000]  He also stated that he spoke with a member of President Donald Trump's cabinet to request federal response aid. The Oroville dam provides flood control for the Oroville region in California.
[01:44.000 --> 01:50.000]  The dam has two spillways to release water out of the lake to prevent overflow. However, both are having problems.
[01:50.000 --> 02:05.000]  The emergency spillway was then used for the first time in its history on Saturday when the lake topped 901 feet at full capacity. Crews have been working since Monday to restore water levels and to repair dam controls before more rainfall, which is expected for the next few days.
[02:05.000 --> 02:10.000]  Luckily, California water officials say that they're making great progress on the repairs to the damaged spillways.
[02:10.000 --> 02:25.000]  This potential catastrophe led to the Butte County Sheriff Corey Honey to tell nearly 200,000 residents to use the time this week to prepare for another evacuation following a chaotic first one, if needed, though the order to leave was lifted Tuesday.
[02:25.000 --> 02:32.000]  Unfortunately, a number of homes in the evacuation zone below the dam's damaged spillways have been burglarized and arrests have been made.
[02:32.000 --> 02:44.000]  A football field-sized hole was detected in the main spillway, which obviously can't be fixed immediately, but spurred questions as to why more had not been done to prevent spillway erosion after concerns were raised more than 10 years ago.
[02:44.000 --> 02:53.000]  California Department of Water Resources Acting Director Bill Croyley denies being familiar with this 12-year concern.
[02:53.000 --> 03:03.000]  This was Rick Brody with your Lowdown for February 15, 2017.
[03:23.000 --> 03:27.000]  3
[03:27.000 --> 03:38.000]  Bad boys, bad boys, whatcha gonna do, whatcha gonna do when they come for you?
[03:38.000 --> 03:46.000]  When you were eight and you had bad traits, you'd go to school and learn the golden rule. So why are you acting like a bloody fool?
[03:46.000 --> 03:49.000]  If you get sick, you get hot, then you must get cool.
[03:49.000 --> 04:11.720]  Bad Boys, Bad Boys, You took it on that one, you took it on this one, you took it on your
[04:11.720 --> 04:18.460]  mother and you took it on your father, you took it on your brother and you took it on
[04:18.460 --> 04:30.460]  this friday the 17th day of september september 17th day of february 2017 and started out
[04:30.460 --> 04:38.940]  so i'll start out today today with my little adventure in grapevine and southlake i am
[04:38.940 --> 04:49.900]  working on a strategy it's kind of a stealth strategy it's part of what i've been working
[04:49.900 --> 04:58.460]  on the whole time to secure an outcome that i've been after since i started researching law and
[04:58.460 --> 05:09.180]  doing the show it has always been my intended purpose of placing every judge in the position
[05:09.180 --> 05:14.300]  such that when they step up behind the bench and look out across the bar at the gallery
[05:14.860 --> 05:20.940]  i want each one of them wondering which one which one of those scoundrels sitting out there are
[05:20.940 --> 05:25.340]  waiting for me to render a ruling he doesn't like so he can run down to the grand jury
[05:25.340 --> 05:33.820]  and try to get me indicted that's been my ultimate intended outcome and most everything i've done
[05:33.820 --> 05:41.740]  from that point to this has been toward achieving that outcome and i think we're getting closer to
[05:41.740 --> 05:48.060]  it than we've ever been i have a few people out there who are doing the same things going after
[05:48.060 --> 05:55.420]  these officials and they're finding out that the officials are far more vulnerable than they would
[05:55.420 --> 06:06.300]  have imagined when they started and that you can affect them and affect them seriously so
[06:07.020 --> 06:14.220]  i went to southlake and i observed a one of these uh cattle call hearings
[06:14.220 --> 06:19.100]  where everybody that's got a ticket that didn't come in and just pay it they want to fight their
[06:19.100 --> 06:26.540]  ticket they're called in for a hearing well they each received a summons from the clerk of the court
[06:27.980 --> 06:35.820]  and i was there with one person that was a driver for a friend of mine so they're calling these
[06:35.820 --> 06:40.620]  people up and they're all going into a back office with the prosecuting attorney and i don't see a
[06:40.620 --> 06:46.460]  attorney and i don't see a judge anywhere so they called up ernie and i went up with him and the
[06:46.460 --> 06:53.020]  bailiff come right over wait wait wait wait you can't go in there i said sure i can uh ernie was
[06:53.020 --> 06:59.260]  summoned here for this hearing and and i want to watch he said well well this is not a hearing
[06:59.820 --> 07:08.700]  uh they're just here to meet with the prosecutor oh oh okay so there's not a judge here to convene
[07:08.700 --> 07:15.580]  hearing no no no there's no judge here it's just to meet with the prosecutor oh okay then in that
[07:15.580 --> 07:21.900]  case i want you to take my criminal charge complaint against the prosecutor for impersonating a public
[07:21.900 --> 07:31.660]  official then the bailiff looked at me and he said okay this was southlake and they had they
[07:31.660 --> 07:40.700]  already knew who i was apparently southlake more concerned about me than i have any idea why
[07:41.900 --> 07:47.020]  but they already knew who i was and they were being the bailiffs were being extremely careful
[07:49.340 --> 07:56.220]  so instead of giving it to the bailiffs i didn't want to put him on this dime i called his chief
[07:56.220 --> 08:01.340]  and then decided not to put the chief on the dime so i came back to the next hearing
[08:02.460 --> 08:10.540]  and presented a criminal affidavit to the judge the judge was there this time they actually had a
[08:10.540 --> 08:19.580]  hearing and this criminal affidavit accused the prosecuting attorney of 58 counts of impersonating
[08:19.580 --> 08:29.980]  a public official specifically a judicial officer when the prosecutor was a member of the executive
[08:29.980 --> 08:40.460]  branch not the judicial the prosecutor had the clerk issue a subpoena ordering these people to
[08:40.460 --> 08:48.540]  show up on this day at this time on threat of an arrest for failure to appear if they didn't show
[08:48.540 --> 08:57.420]  up but there was no hearing now the only one who can subpoena someone or an attorney can actually
[08:57.420 --> 09:01.580]  subpoena someone but they can only do it under the power of the court and they can only
[09:02.380 --> 09:10.460]  summon them to a proper hearing well there was no hearing it was just a prosecutor they're pretending
[09:10.460 --> 09:18.620]  to be a judge so 58 valid state jail felony counts impersonating a public official
[09:20.620 --> 09:29.340]  and the judge carol mcgumrey seemed like a real nice person said that after she looked at the
[09:29.340 --> 09:37.580]  complaint she said that i asked me if uh i was a party to any of this so absolutely not i was just
[09:37.580 --> 09:43.980]  watching she said well if you are not an ancient party you don't have standing so you can't file a
[09:43.980 --> 09:55.580]  complaint i said oh my goodness so 38.171 it says that it is a class a misdemeanor on my part if i
[09:55.580 --> 10:03.500]  have knowledge of the felony being committed then i fail to report that knowledge so now you're
[10:03.500 --> 10:11.340]  telling me that i can only report that knowledge if i've been harmed by the felony act she suggests
[10:11.340 --> 10:20.220]  that sure so you can't file a complaint here i said oh okay thank you and i left
[10:21.820 --> 10:30.300]  well i went in today and asked for a copy of the recording of the hearing
[10:30.300 --> 10:38.940]  of the recording of the hearing that they held on this day because there's some other issues to be
[10:40.220 --> 10:46.460]  concerning the hearing and i'll get to those in a moment i am turning on the phone so if
[10:46.460 --> 10:56.060]  you have a question or comment give us a call 512-2646-1984 but i went back today and
[10:56.060 --> 11:05.660]  requested this recording because at the next hearing where i filed it and tried to file this
[11:05.660 --> 11:14.700]  complaint they heard my challenge subject matter jurisdiction pleading well the prosecutor didn't
[11:14.700 --> 11:26.380]  even know it had been filed until i kind of gave him he tried to uh hold a hearing with this guy
[11:26.380 --> 11:33.020]  in one of these little uh let's make a deal hearings and i insisted that i wanted to observe
[11:33.020 --> 11:41.260]  and he told me that i couldn't and i asked him was this a uh formal hearing he said no this is
[11:41.260 --> 11:47.820]  just a meeting with the accused i said well if the accused wants me in there i can be in there
[11:49.100 --> 11:55.580]  uh and besides i'm his paralegal and finally he backed down and said okay and i let him know
[11:55.580 --> 12:03.020]  about the existence of this uh challenge the subject matter jurisdiction he'd never seen it
[12:03.020 --> 12:13.340]  and he he said well you can't hear that because i wasn't served so yeah you were we served the
[12:13.340 --> 12:20.220]  complainant which was the municipality he's the lawyer for the complainant we're not required to
[12:20.220 --> 12:26.380]  serve the lawyer we're required to serve the complainant the opposing party and we did that
[12:26.380 --> 12:33.420]  if the clerk didn't give him a copy his problem not my problem so they went out and they were
[12:33.420 --> 12:39.100]  gone about 45 minutes the prosecutor was and then he comes in with the judge they both come in
[12:39.100 --> 12:46.700]  together and they only spoke to one issue on the subject matter jurisdiction challenge there were
[12:46.700 --> 12:55.180]  several in there but there was only one that they actually could beat they were a city of over 50,000
[12:55.180 --> 13:03.820]  and they were in a county of over 500,000 so they qualified under that well there were
[13:03.820 --> 13:11.180]  other issues in there they didn't even speak to those at all i got the distinct impression
[13:12.220 --> 13:17.900]  that the judge and the prosecutor had gotten together and formulated what they were going to do
[13:17.900 --> 13:23.580]  so i went back today to ask for the recording of the hearing and then i questioned about
[13:24.860 --> 13:32.140]  the prosecuting attorney's office because we're in the courtroom and the prosecutor's side door
[13:33.340 --> 13:41.740]  and when he came back he came in the side door with the judge both same time right behind each other
[13:41.740 --> 13:47.900]  right behind each other so it appeared they were coming from the same place and i wanted to find
[13:47.900 --> 13:55.420]  out if there was a judge's office and a prosecutor's office well there wasn't a prosecutor's office
[13:57.180 --> 14:01.900]  so it raises the question where was that prosecutor this 45 minutes that they were gone
[14:02.940 --> 14:09.820]  he wasn't in the court and he didn't have an office i have reason to believe and do believe
[14:09.820 --> 14:17.340]  that he was back there with the judge and they were having themselves an ex parte communication
[14:18.620 --> 14:24.380]  and they plotted out a plan of how they were going to handle this challenge of subject matter
[14:24.380 --> 14:33.100]  jurisdiction when i finally got to be accused uh i'd give him instructions but he didn't follow
[14:33.100 --> 14:42.140]  instructions well and i finally had to stand up during the court and speak to the judge to
[14:42.140 --> 14:48.700]  get the judge's attention and request that i be allowed to approach as a friend of the court
[14:48.700 --> 14:57.100]  amicus curia and she asked me if i was a i was a lawyer absolutely not she said well who are you
[14:57.100 --> 15:03.900]  i'm the guy that wrote that pleading and she said are you here with mr campbell i said yes i am
[15:03.900 --> 15:10.700]  well i'm not going to let you approach the court in an official capacity but if you want to speak
[15:10.700 --> 15:17.420]  to mr campbell i'll grant a recess so these you can speak to him oh that won't be necessary
[15:17.420 --> 15:24.220]  your honor only take a couple seconds i leaned over and told him raise the code of criminal
[15:24.220 --> 15:31.900]  procedure i mean rules of civil procedure 120a and he said oh yeah oh yeah oh yeah and he set
[15:31.900 --> 15:38.540]  up he ejected under 120a and the judge just overruled that's okay then we have to get it in
[15:38.540 --> 15:47.980]  there but the point was it certainly appeared that the prosecutor and the judge concocted
[15:49.100 --> 15:53.340]  a way to deal with this subject matter jurisdiction challenge because they were both
[15:53.340 --> 15:58.380]  worked in concert inclusion one with the other over a very sophisticated pleading
[16:00.060 --> 16:08.380]  so i left the southlake offices and went to the local justice of the peace and filed a criminal
[16:08.380 --> 16:15.980]  complaint against the judge the southlake judge for not taking my criminal complaints against the
[16:15.980 --> 16:23.500]  the prosecuting attorney in the last meeting and you probably won't believe this but that justice
[16:23.500 --> 16:33.100]  of the peace refused to act on my complaints gave me sage illegal advice and wound up stomping off
[16:33.100 --> 16:41.980]  in a huff well this week i take my next complaint to a county judge and ask the county judge
[16:41.980 --> 16:47.580]  to arrest the justice of the peace this should get interesting i'm kind of working the deal
[16:47.580 --> 17:11.980]  randy kelton radio i call it number five one two six four six 1984 we'll be right back
[17:17.740 --> 17:21.980]  oh really oh that's an actual apple yummy apple
[17:23.420 --> 17:30.140]  i'm going to throw away these yucky cookies in the trash i click control shift delete and
[17:30.140 --> 17:37.580]  then scroll down to cookies and clear them bye bye now i go to logos radio network.com
[17:37.580 --> 17:43.660]  and i click on the amazon box on the upper right hand side bookmark the link and i can go to amazon
[17:43.660 --> 17:49.980]  through this link and order you some yummy new cookies new cookies for me consider it an early
[17:49.980 --> 17:55.580]  christmas present and every time i order on amazon i go through this link and i give a little present
[17:55.580 --> 18:02.060]  to this radio network too. C is for cookie. C is for classified. Are you being harassed by debt
[18:02.060 --> 18:07.820]  collectors with phone calls letters or even losses stop debt collectors now with the michael
[18:07.820 --> 18:13.100]  mirrors proven method michael mirrors has won six cases in federal court against debt collectors
[18:13.100 --> 18:18.540]  and now you can win too you'll get step-by-step instructions in plain english on how to win in
[18:18.540 --> 18:24.700]  court using federal civil rights statutes what to do when contacted by phones mail or court summons
[18:24.700 --> 18:29.500]  how to answer letters and phone calls how to get debt collectors out of your credit reports how
[18:29.500 --> 18:35.260]  to turn the financial tables on them and make them pay you to go away the michael mirrors proven
[18:35.260 --> 18:40.700]  method is the solution for how to stop debt collectors personal consultation is available
[18:40.700 --> 18:45.660]  as well for more information please visit ruleoflawradio.com and click on the blue
[18:45.660 --> 18:52.860]  michael mirrors banner or email michael mirrors at yahoo.com that's ruleoflawradio.com or email
[18:52.860 --> 18:59.980]  m i c h a e l m i r r a s at yahoo.com to learn how to stop debt collectors now
[18:59.980 --> 19:08.780]  you are listening to the logos radio network logosradio.com
[19:29.980 --> 19:43.100]  okay we are back randy kelton rule of law radio and let me finish up on that this is a strategy
[19:44.540 --> 19:54.140]  uh i picked this particular complaint because this is something that prosecutors do all the time
[19:54.140 --> 20:00.380]  and this was a young prosecutor she was an assistant the regular prosecutor wasn't there
[20:01.500 --> 20:11.020]  so this is a young girl just got out of law school she goes she probably wasn't the didn't
[20:11.020 --> 20:19.020]  pass in the top percentile of the the class so she didn't get picked up by some law firm
[20:19.020 --> 20:27.180]  picked up by some law firm and she's probably got 150 to 180 thousand dollar student loan to pay off
[20:29.740 --> 20:35.260]  but she don't know how to practice law she just got out of law school i mean she knows a lot
[20:35.260 --> 20:43.740]  about how to argue legal issues but practice of law they don't teach that in college you got to
[20:43.740 --> 20:48.620]  learn that once you get out and generally they want to go to work for a law firm or well apparently
[20:48.620 --> 20:53.820]  she couldn't get her to a law firm so she went to work for the city probably for chump change
[20:55.180 --> 21:03.180]  just to have a position in law and get some experience and make a few enough dollars to pay
[21:03.180 --> 21:10.060]  her loan but until she got a little more confident and then she could go out and
[21:10.060 --> 21:16.700]  represent clients in criminal cases so you know she's just there trying to find a way to get along
[21:16.700 --> 21:26.460]  and i charge her with 58 felony counts she has got to be an unhappy camper if she knows about it yet
[21:27.900 --> 21:33.660]  i filed it with the municipal clerk and municipal clerk refused to take it remember i keep saying
[21:34.540 --> 21:38.060]  never ask a public official to do anything you actually want them to do
[21:38.060 --> 21:46.860]  you well this judge was so accommodating refused to take it and told me i had to have standing
[21:46.860 --> 21:56.140]  i mean that was like a christmas present is she kidding where on earth did she come up with that
[21:57.180 --> 22:06.220]  this is not a civil action this is criminal you don't they don't have standing in criminal cases
[22:06.220 --> 22:11.740]  even if they've been harmed they may have standing to file a civil action but they
[22:11.740 --> 22:18.220]  don't have any standing in the criminal anyway so now i've went to the justice of the peace
[22:18.220 --> 22:27.420]  and it this is real serious for him because i suspect every prosecutor in the area is going
[22:27.420 --> 22:36.460]  to know that i'm pursuing this lawyer for doing what all these lawyers have been doing this is
[22:36.460 --> 22:41.980]  kind of standard procedure that's the best thing to go after them for because they they're going to
[22:41.980 --> 22:51.260]  say but for the the grace of happenstance go i that's a good file charge them with the same thing
[22:51.260 --> 22:57.660]  it reminded me of my prosecuting attorney when he was the county attorney the district attorney
[22:57.660 --> 23:05.180]  here in wise county i was sitting there one day and he just got the bar grievances from the
[23:06.460 --> 23:12.460]  state bar association he's looking through them at all the ones where they had sanctioned the
[23:12.460 --> 23:19.100]  lawyers he looks at this oh oh i've done that i've done that in terms of oh oh i've done that too
[23:19.100 --> 23:26.380]  i've done that every one of them oh i've done that so this is how i want them to feel this could
[23:26.380 --> 23:32.940]  just as well be me and now i'm going after them and i'm going to make this incredibly big stink
[23:34.860 --> 23:44.140]  i got the local jp local municipal judge then now i got the local jp and the jp wasn't too bad
[23:44.140 --> 23:50.540]  he didn't get real excited he didn't get pushy he tried to give me sage legal advice and i gave
[23:50.540 --> 23:56.300]  him some back and then he got a little happy and it goes to what i tell you never give them fair
[23:56.300 --> 24:05.260]  warning because i told him that you know this is he said well that i had to file with a
[24:05.900 --> 24:11.900]  police officer no no no no no police officers have to file with a police officer and a prosecutor
[24:11.900 --> 24:17.020]  that's all policy i don't work for those guys so i don't have to file i don't have to follow their
[24:17.020 --> 24:25.340]  policy i am the master i follow my rights and i have a right to file and you have a duty to take
[24:25.340 --> 24:34.540]  it you don't i'll do you what i'm doing because of municipal judge well i don't have to stand
[24:34.540 --> 24:40.940]  here and be threatened we're done okay it works for me judge and he went away but he didn't call
[24:40.940 --> 24:45.420]  baylor city didn't get all huffy puffy threatening and i give him credit for that
[24:46.540 --> 24:53.020]  so now i go to a county judge who i hope doesn't take my complaint it's even better if they throw
[24:53.020 --> 25:00.540]  me out of the office the stupider they get the better and next i go to a district judge
[25:01.820 --> 25:08.380]  and ask the district judge to hold an examining trial or any alternative petition for a court of
[25:08.380 --> 25:16.780]  inquiry when he refuses to do either one of those then i go to another district judge and ask the
[25:16.780 --> 25:25.340]  second district judge to hold the examining trial on the first district judge or petition for a
[25:25.340 --> 25:32.300]  court of inquiry and when the second one doesn't now i've established concert and collusion
[25:32.300 --> 25:39.340]  and next i go to the attorney general because he has concurrent prosecutorial jurisdiction and
[25:39.340 --> 25:45.980]  he's going to refuse and then i go to the chief justice of the supreme and then i when they don't
[25:45.980 --> 25:54.140]  act then i sue them all for misfeasance in office you see how this works for okay sounds like fun
[25:54.140 --> 26:03.420]  okay that's enough of that now we're going to go to dave in texas hello dave what do you have for us
[26:03.420 --> 26:23.740]  today um yes randy um i have a case in county um and um i just briefly on procedure
[26:23.740 --> 26:32.700]  uh i mean once the judge comes in and i'm sitting there and uh i'm the defendant in this case and
[26:33.660 --> 26:50.300]  um generally um i'm eager to cross examine and i guess basically um the cross examination starts
[26:50.300 --> 27:00.460]  pretty quickly i guess so is that right okay you're indicating a lack of knowledge
[27:00.460 --> 27:10.700]  sufficient to prevent you from trying to represent yourself you know first off the if you pro se the
[27:10.700 --> 27:20.380]  the last place you want to go is to demerits you don't ever want that case to get to a point where
[27:20.380 --> 27:31.020]  there's a witness on the stand problem with that is is the courts are corrupt and they for the
[27:31.020 --> 27:38.780]  most part don't care what the facts are once you get to the point of calling witnesses now you're
[27:38.780 --> 27:48.060]  dealing in an area where the court can exercise his discretion and he will always exercise it to
[27:48.060 --> 27:59.180]  your detriment okay with that said that may not be true he may actually okay exercise his discretion
[27:59.180 --> 28:06.380]  in your favor but you have to consider that he will not and be prepared for it and the best
[28:06.380 --> 28:13.020]  way to avoid that is take these guys on on procedure on the front end before they ever
[28:13.020 --> 28:21.420]  get to court with all that said uh what is the you're in court what is the situation is
[28:21.420 --> 28:33.340]  motion hearing trial what is the context of the situation this um i'm you're trying to evict me
[28:33.340 --> 28:47.180]  and uh i i lost in jp court so i um file an appeal now it's in county court i uh
[28:48.540 --> 28:57.980]  asked for a jury trial and um i've prepared i think a very good cross examination of witnesses
[28:57.980 --> 29:11.980]  uh generally randy once i cross examined somebody am i able to um re-question them or re-cross
[29:11.980 --> 29:19.980]  redirect yeah you can often you can ask for permission to if okay if the prosecutor brings
[29:19.980 --> 29:32.380]  him on and they testify then you know if the prosecutor redirects or if you anticipate that
[29:32.380 --> 29:40.220]  another witness will give evidence that will tend to impeach this witness maybe they give
[29:40.220 --> 29:49.100]  conflicting statements right then you can ask the court to allow you to reserve the right to recall
[29:49.100 --> 29:56.700]  this witness they almost all love you you may have to go up to the bar and
[30:02.780 --> 30:08.300]  this performance enhancing drug shows up on drug tests but it hasn't been banned from professional
[30:08.300 --> 30:13.820]  sports i'm dr catherine albrecht and i'll bet you're taking this drug too i'll be back to tell you
[30:13.820 --> 30:20.060]  what it is privacy is under attack when you give up data about yourself you'll never get it back
[30:20.060 --> 30:26.140]  again and once your privacy is gone you'll find your freedoms will start to vanish too so protect
[30:26.140 --> 30:32.460]  your rights say no to surveillance and keep your information to yourself privacy it's worth hanging
[30:32.460 --> 30:38.060]  on to this public service announcement is brought to you by startpage.com the private search engine
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[33:21.020 --> 33:29.820]  okay we are back randy kelton rule of law radio and we're on this friday the 17th day of february
[33:29.820 --> 33:39.420]  2017 and we're talking to dave in texas okay dave what kind of was this a trial
[33:40.220 --> 33:43.740]  court or was this like a motion hearing or something the pre-trial
[33:43.740 --> 34:06.620]  um free um it was yeah it was a trial and it um and uh just um it seems that um there's a
[34:06.620 --> 34:14.540]  a thing here in south austin that uh if you're being evicted you're you're you know
[34:16.620 --> 34:24.540]  i was just you just you really wanted to go to county i mean because the judge is actually
[34:24.540 --> 34:34.540]  doing you a favor he did you know by giving you a bunch of months of uh being able to really prepare
[34:34.540 --> 34:43.100]  um and uh nothing happened i mean i wait a minute hold on hold on i'm kind of rambling here
[34:44.460 --> 34:55.260]  this was the trial phase this is the actual trial there was no uh there yeah there was a very
[34:55.260 --> 35:05.900]  brief trial at jp court and uh no no you're in a county court now on appeal and it in an eviction
[35:05.900 --> 35:17.020]  hearing in an unlawful detainer's case a sense a justice of the peace is not necessarily a learned
[35:17.020 --> 35:26.300]  counselor lawyer the the justice of the peace and municipal courts are considered by the
[35:26.300 --> 35:32.700]  courts to be inferior courts because the judge may not be an actual lawyer so if you get a bogus
[35:32.700 --> 35:40.940]  ruling in one of those then your appeal is trial de novo trial de novo for the purpose of perfecting
[35:40.940 --> 35:47.580]  appeal so you don't have to rule on the writ of error appeal on a writ of error so it's like a
[35:47.580 --> 35:54.220]  new trial okay you're at the new trial before the county judge they had the hearing and i take it
[35:54.220 --> 36:06.860]  they ruled against you yes that's kind of okay what happened in cross um
[36:06.860 --> 36:13.660]  um that that was your your your question coming in i don't want to get back to it okay
[36:14.540 --> 36:25.900]  yeah here's uh let me cut to the chase we have that the county hearing hasn't been said i subpoenaed
[36:25.900 --> 36:37.660]  some witnesses but what i'm really trying to find out um is i want to subpoena information
[36:39.660 --> 36:46.540]  um and i was wondering if well first i'll give you tell you what i want what happened in this
[36:46.540 --> 36:53.660]  apartment complex is that they're trying to put it to student housing and about a hundred elderly
[36:53.660 --> 37:02.620]  people like me got frivolous charges um on top of rent and most of them moved out i didn't
[37:02.620 --> 37:11.500]  i'm trying to fight it so what on september 1st a hundred old people here got frivolous charges
[37:12.460 --> 37:23.500]  and i want to subpoena that day the charges from the front office so that the judge and the
[37:23.500 --> 37:31.980]  prosecutor can see all these ridiculous charges okay hold on hold on god how is that relevant
[37:35.340 --> 37:45.580]  it's relevant because it's i'm well it's relevant for me because i'm trying to say that look
[37:45.580 --> 37:53.420]  look you came into this apartment and you charged me said i ruined the baseboards in this
[37:53.420 --> 37:59.900]  house wait hold on hold on hold you're kind of rambling here in court you can't do that you have
[37:59.900 --> 38:13.340]  to say i have a right to an order in my favor because of these facts and this law that applies
[38:13.340 --> 38:23.420]  to these facts okay everything you present you have to present it that way the trial judge has
[38:23.420 --> 38:30.300]  two things he must do he must determine the facts in accordance with the rules of evidence
[38:31.260 --> 38:41.500]  then apply the law as it comes to him to the facts in the case as it comes to him he can't go out
[38:41.500 --> 38:48.860]  and do his own legal research and find the law that applies to the case you have to bring him
[38:48.860 --> 38:55.900]  the law that supports your side the opponent has to bring him the law that that supports the opponent's
[38:55.900 --> 39:04.780]  side he looks at the facts then he applies the law to this set of facts and makes a determination
[39:04.780 --> 39:14.620]  based on existing law who should have who should receive a positive ruling so your only purpose
[39:14.620 --> 39:22.700]  in the trial court is completing the facts before the court and the law that applies to those facts
[39:23.580 --> 39:32.140]  anything else okay you can give him a mode the most convincing story as and he as to why he
[39:32.140 --> 39:39.020]  should rule in your favor and he may agree with you but if you don't give him facts and law
[39:40.060 --> 39:45.740]  that relates to the facts he has no power to rule in your favor and he is not going to tell you that
[39:48.140 --> 39:58.220]  so the facts i'm suing facts i know randy i i'm suing them and so
[39:58.220 --> 40:05.260]  so this is another case okay hold on that's exactly where i was leading to
[40:07.180 --> 40:13.900]  these these issues aren't necessarily relevant relevant to an unlawful detainer here
[40:14.700 --> 40:24.780]  but they certainly are relevant to a wrongful uh eviction here the wrong for for for harm to you
[40:24.780 --> 40:35.660]  you uh based on the rental contract all right issues goes to a a
[40:37.500 --> 40:46.060]  you it's a wrongful purpose in an evil mind on the part of the the property property owner but
[40:46.060 --> 40:54.140]  i haven't heard anything that sounds like it's irrelevant to unlawful detainer the only thing
[40:54.140 --> 41:03.980]  this magistrate judge has a authority to do is determine under law who has a right to possession
[41:03.980 --> 41:15.420]  has a right to possession yeah yeah well okay randy um let me just finish on this case and
[41:15.420 --> 41:26.620]  one question on the other case randy basically the heart of my eviction uh pro se um uh case
[41:26.620 --> 41:36.780]  is that i i think i can win it because they're claiming that i didn't pay rent and the fact is
[41:36.780 --> 41:48.620]  i did try to pay rent i presented a check um and um i think that would weigh in my favor i have a
[41:48.620 --> 42:03.740]  hold hold on hold on was the check sufficient to cure any default well um that is the um
[42:05.340 --> 42:17.020]  mystery here um when i tried to pay the rent they tried to uh they said i owe older 700
[42:17.020 --> 42:25.100]  dollars above the rent for the replacement of the baseboards um which i mean yeah
[42:27.980 --> 42:37.420]  did they cite a contractual provision that made you liable for the replacement of baseboards
[42:37.420 --> 42:53.420]  um there was a a paragraph in the lease that said that i had to report any damage to this
[42:54.380 --> 43:05.980]  apartment um 30 days after the lease started on august 1st so but on august 17th when the 30
[43:05.980 --> 43:15.660]  days hadn't passed they did replace the baseboards um they did not say that they were charging me or
[43:15.660 --> 43:22.780]  that i destroyed them um i wasn't stupid i examined the baseboards they weren't destroyed
[43:22.780 --> 43:29.740]  i've been in construction and i think you have too randy that the the baseboards on
[43:29.740 --> 43:39.020]  i mean who the hell destroyed okay hold on hold on what i'm going to ruin them okay can need to
[43:39.020 --> 43:49.100]  look at their contract under the contract there has to be a provision to show that you are
[43:49.100 --> 43:57.020]  responsible to lead damage to the baseboards that the baseboards actually are required for us
[43:57.020 --> 43:59.420]  for us in such a can do
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[46:04.380 --> 46:31.580]  okay we are back randy kelton rule of law radio and we're talking to dave in texas
[46:31.580 --> 46:42.060]  is okay whenever the other side says something the first thing that should come into your mind is
[46:42.700 --> 46:54.780]  so what so what they they change the baseboards big deal under what contractual conditions would
[46:54.780 --> 47:04.380]  you be required to pay for the baseboard replacement and what participation must you have
[47:04.940 --> 47:07.900]  in the process in order to render you liable
[47:11.500 --> 47:18.300]  okay everything they say okay they did this they did that they're going to do that to you
[47:18.300 --> 47:23.900]  you're going to say they did all this rotten stuff to these other people they're going to say so what
[47:24.540 --> 47:31.100]  so what who cares what's that have to do with this so they're saying that you owe for baseboards okay
[47:32.460 --> 47:39.420]  how did you get there did you just make that up and they're going to say well we replace the
[47:39.420 --> 47:49.500]  baseboards so what what's that got to do with me they're going to have to say when you moved
[47:49.500 --> 48:00.220]  into the apartment the apartment was uh they were checked out and there was there absolutely
[48:00.220 --> 48:08.700]  was no damage to the baseboard and you signed off on this inspection that shows that there was no
[48:08.700 --> 48:14.620]  damage to the baseboard then we came back at a later date and found there was damage to the
[48:14.620 --> 48:25.740]  baseboard did they do all of that no i i did not sign any paperwork like that they got nothing
[48:26.780 --> 48:30.860]  and by saying so what you know i say that sometimes people think i'm
[48:30.860 --> 48:34.700]  on the show they think i'm being a smart mouth but i'm not uh
[48:34.700 --> 48:46.140]  uh it goes to facts and law if you give me facts the baseboards were damaged we moved in the
[48:46.140 --> 48:50.700]  the baseboards were docked damaged and that's established by this documentation which he
[48:50.700 --> 48:57.900]  signed after this period of time the base we found the baseboards were damaged and the apartment was
[48:57.900 --> 49:03.740]  never in the custody of anyone but him during this entire period now they've established a bunch of
[49:03.740 --> 49:11.820]  facts based on these facts the contract says under this clause that he's responsible for paying all
[49:11.820 --> 49:25.900]  this now you went to them with a rent payment and they didn't accept it interesting the uniform
[49:25.900 --> 49:34.460]  commercial code as adopted by the state of texas i'm trying to remember the exact statute there's
[49:34.460 --> 49:47.500]  one in there that says that if you you present payment and payment is refused then payment is
[49:47.500 --> 49:54.620]  accomplished if you offer payment and they don't take it then payments made
[49:54.620 --> 50:02.780]  and that's an argument you should have made uh as i understand okay they did they evict you for not
[50:02.780 --> 50:13.980]  paying rent but not paying for alleged damage and what does i'm not familiar with rental law in
[50:13.980 --> 50:24.460]  what does i'm not familiar with rental law in texas but you know can they evict you for not
[50:25.100 --> 50:34.140]  paying for damage repair does that become a part of the rent if it doesn't become a part of the rent
[50:34.140 --> 50:42.700]  that's a secondary charge and they have to collect that either in accordance with the contract
[50:42.700 --> 50:52.540]  or they have to sue you for that amount can they by either statute or contractual provision
[50:53.340 --> 50:57.180]  add that amount to your rent and then use that as a reason to evict
[50:59.900 --> 51:06.140]  okay all right i don't think they can this is the concern is
[51:06.140 --> 51:14.140]  is is your past the appeal part that this was a trial denovo you could have brought up any of this
[51:14.140 --> 51:22.140]  information but if you already passed the trial then you may be too late to bring this information in
[51:25.100 --> 51:31.420]  well i i didn't know what i was doing at jp court i should have said well i did
[51:31.420 --> 51:38.060]  present a check now that i've actually been listening to your show and studying the law
[51:39.020 --> 51:48.460]  you know a little bit and now that you know i i have at least appealed this to county and i will
[51:48.460 --> 52:00.780]  i will oh whoa hold on homie make mistake the trial court you had that was before the justice of the
[52:00.780 --> 52:13.740]  peace yes and i lost and okay that's okay have you went before a county judge for trial
[52:13.740 --> 52:23.420]  not not yet right oh life is good okay this is trial denovo
[52:25.180 --> 52:35.340]  and that means it's like the first one didn't happen now get to work read that contract twice
[52:35.340 --> 52:45.260]  and take your marker read through the contract and there's big sections of it that's just fluff
[52:46.380 --> 52:53.420]  and take your yellow marker and just mark the top of that paragraph this doesn't apply as you go
[52:53.420 --> 52:59.100]  through if this doesn't apply mark out the ones that don't apply you'll mark out 90 percent of
[52:59.100 --> 53:06.460]  that contract then go back and read that one again very carefully the parts that apply
[53:08.620 --> 53:14.540]  okay then then get the the code for renters renters have certain rights in texas
[53:16.460 --> 53:24.380]  and read that one how much okay how much time do you have i'm sorry how long ago was the
[53:24.380 --> 53:42.620]  the trial for before the jp i mean jp was uh in october and i i expect that um that i'll be
[53:43.900 --> 53:51.580]  brought before the county uh court and and probably three or four weeks
[53:51.580 --> 53:55.180]  but apparently that didn't happen
[53:57.820 --> 54:04.380]  so this is it was october this is february so you haven't been before the county court yet
[54:06.540 --> 54:12.220]  no okay you got time now you need to get some motions together
[54:15.260 --> 54:20.940]  you need to read that contract read it twice once you've read it twice then get your
[54:20.940 --> 54:27.900]  the the rental laws for texas and and you start reading those laws there's a whole bunch of them
[54:29.020 --> 54:35.820]  but print them out and or buy a book like that you can mark up if you can't then get a
[54:36.700 --> 54:43.180]  post-it notes and stick post-it notes over the statutes that don't apply to you
[54:43.180 --> 54:49.260]  you will be surprised how little does you know you hear me on this show and i'm just
[54:49.260 --> 54:54.300]  spitting out this one code after the other after the other and you think boy that guy
[54:54.300 --> 55:02.380]  really knows the code well it's not really like that the people who listen a while they
[55:02.380 --> 55:09.020]  finally begin to realize i'm spitting out those same codes over and over there's only by half
[55:09.020 --> 55:16.940]  dozen of them there's only four or five of them that i could quote you it don't sound like that
[55:16.940 --> 55:23.340]  when i'm dancing through them but they're really not in that much and and when you read the the
[55:23.340 --> 55:30.140]  the code on renter's rights they on the one hand you'll be surprised at the rights you have
[55:30.140 --> 55:37.820]  on the other you'll be pleased to how little of it you have to have to understand and know
[55:38.940 --> 55:45.500]  once you've got those two then the holes in their case will become abundantly apparent
[55:47.740 --> 55:53.820]  then you start putting together your emotions then emotion is not real complex
[55:53.820 --> 56:01.020]  the motion says rar these are the facts and this is the law as it applies to those facts and this
[56:01.020 --> 56:10.540]  is the ruling you you should give me and then you ask for the ruling so it's not it's not a whole
[56:10.540 --> 56:19.420]  lot different than a letter a business letter it's different in that you must present the fact
[56:19.420 --> 56:29.340]  it's different in that you must present the facts and the law and part of the facts is the contract
[56:30.220 --> 56:40.140]  the absolute ruling law here is the contract it's everything and then after the contract there is
[56:40.140 --> 56:46.940]  the law that applies to the contract contracts first and it's been my experience the place they
[56:46.940 --> 56:57.180]  always screw it up is their own contract okay randy you're now do you mean the lease or the
[56:57.180 --> 57:07.420]  contract the lease do you mean yeah okay that's that's the one that counts and you as you read it
[57:07.420 --> 57:17.420]  it you want to look at that contract from the perspective of the claims the other side is making
[57:19.660 --> 57:23.580]  and you once you've done that you're going to want to look at the
[57:24.940 --> 57:31.340]  uh commercial code if you'll send me an email i will dig out that code that said
[57:31.340 --> 57:37.740]  that that when you offer a payment and the payments not accepted the payment is made
[57:40.380 --> 57:52.140]  and the thing you want to look at is does the the lessor have the authority to refuse to accept
[57:52.140 --> 58:02.220]  a rental payment that on an additional charge that he has essentially arbitrarily and capriciously
[58:02.220 --> 58:13.020]  added to the rental charge does damage to the apartment add to your rent or is that
[58:13.020 --> 58:20.860]  a separate payment that's what we're looking at if it doesn't allow them to add it doesn't say
[58:20.860 --> 58:26.780]  that your rent will be increased by the amount of any damages and they can't do that
[58:29.820 --> 58:36.780]  in this this court is like a new court you can bring up everything again hang on randy kelton
[58:36.780 --> 58:51.980]  radio i'll call it number 512-646-1984 we'll be right back would you like to make more definite
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[59:45.020 --> 59:54.860]  or visit us online at bfa.org live free speech radio logos radio network.com
[59:54.860 --> 01:00:02.300]  the following these flashes brought to you by
[01:00:02.940 --> 01:00:09.020]  the lone star lowdown markets for wednesday the 15th of february 2017 are currently treading with
[01:00:09.020 --> 01:00:13.500]  gold at one thousand two hundred thirty one dollars and 18 cents an ounce silver 17 dollars
[01:00:13.500 --> 01:00:18.860]  and 95 cents an ounce texas crude 53 dollars and 20 cents a barrel and bitcoin is sitting
[01:00:18.860 --> 01:00:27.260]  at about a thousand and twelve u.s currency today in history the year 2003 protests against the iraq
[01:00:27.260 --> 01:00:32.380]  war took place in over 600 cities worldwide it is estimated that anywhere between eight to 30
[01:00:32.380 --> 01:00:37.820]  million people participated making it the largest peace demonstration ever today in history
[01:00:40.060 --> 01:00:44.940]  in recent news a day after his resignation the white house stated tuesday that president trump
[01:00:44.940 --> 01:00:50.780]  forced michael flint to resign as national security advisor because he broke trust not laws this is in
[01:00:50.780 --> 01:00:55.500]  light of the controversy that mr flint had misled the vice president other administration officials
[01:00:55.500 --> 01:01:00.380]  about his phone conversation with russian ambassador shirjei kislyak about u.s sanctions
[01:01:00.380 --> 01:01:05.100]  against moscow white house press secretary sean speiser stated that quote the president got to
[01:01:05.100 --> 01:01:09.260]  the point where general flint's relationship misleading the vice president and others or the
[01:01:09.260 --> 01:01:13.820]  possibility that he had forgotten critical details of this important conversation had created a
[01:01:13.820 --> 01:01:18.380]  critical mass in an unsustainable situation that's why the president decided to ask for his
[01:01:18.380 --> 01:01:25.580]  resignation and he got it governor jerry brown in regards to the tallest dam in america stated on
[01:01:25.580 --> 01:01:30.220]  monday that quote things can fail whether it's levees or dams or bridges we're doing everything
[01:01:30.220 --> 01:01:35.420]  we can to get this dam in shape so evacuees can return and live safely without fear he also
[01:01:35.420 --> 01:01:39.980]  stated he spoke with a member of president donald trump's cabinet who request federal response aid
[01:01:39.980 --> 01:01:45.420]  the oroville dam provides flood control for the oroville region in california the dam has two
[01:01:45.420 --> 01:01:50.220]  spillways to release water out of the lake to prevent overflow however both are having problems
[01:01:50.220 --> 01:01:54.380]  the emergency spillway was then used for the first time in its history on saturday
[01:01:54.380 --> 01:01:59.500]  when the lake topped 901 feet its full capacity crews have been working since monday to restore
[01:01:59.500 --> 01:02:04.700]  water levels and to repair dam controls before more rainfall which is expected for the next few days
[01:02:04.700 --> 01:02:08.620]  luckily california water officials say that they're making great progress on the repairs
[01:02:08.620 --> 01:02:13.420]  to the damaged spillways this potential catastrophe led to the butte county sheriff
[01:02:13.420 --> 01:02:18.220]  corey honey to tell nearly 200 000 residents to use the time this week to prepare for another
[01:02:18.220 --> 01:02:24.780]  evacuation following a chaotic first one if needed though the order to leave was lifted tuesday
[01:02:24.780 --> 01:02:29.740]  unfortunately a number of homes in the evacuation zone below the dam's damaged spillways have been
[01:02:29.740 --> 01:02:35.340]  burglarized and arrests have been made a football field size hole was detected in the main spillway
[01:02:35.340 --> 01:02:39.980]  which obviously can't be fixed immediately but spurred questions as to why more had not been
[01:02:39.980 --> 01:02:44.940]  done to prevent spillway erosion after concerns were raised more than 10 years ago california
[01:02:44.940 --> 01:02:50.300]  department of water resources acting director bill croyley denies being familiar with this 12 year
[01:02:50.300 --> 01:03:07.100]  concern this was rook roadie with the lowdown for february 15 2017
[01:03:07.100 --> 01:03:24.780]  okay we are back randy kelton rudal law radio and we're talking to dave in texas so dave
[01:03:24.780 --> 01:03:31.980]  you're still in pretty good shape good good randy yeah i i think i can end this case
[01:03:31.980 --> 01:03:44.620]  um randy a a just a quick uh legal question when i was uh subpoena doing subpoenas on witnesses
[01:03:44.620 --> 01:03:54.780]  the secretary said to me do you want to subpoena any information or records from this uh apartment
[01:03:54.780 --> 01:04:03.740]  company and i thought oh well let me see if i can talk to randy so randy generally i mean just for
[01:04:03.740 --> 01:04:15.900]  future cases i mean can i what kinds of information can i subpoena from okay you you you asserted
[01:04:15.900 --> 01:04:29.100]  earlier that they the apartment complex entered into a uh concerted plan to eliminate older
[01:04:29.100 --> 01:04:41.100]  persons to make this a student uh residence so are you the only one they pulled this garbage on
[01:04:41.100 --> 01:04:54.060]  or have they done this to other people randy they have and i i'm planning to ask two other
[01:04:54.060 --> 01:05:01.660]  individuals and i'm planning i don't think i can get the i don't know their last names i don't
[01:05:01.660 --> 01:05:12.060]  think i can subpoena them but i'm planning to film an interview with these two men um it was
[01:05:12.060 --> 01:05:21.660]  the same thing ridiculous charges and okay let me make a suggestion go to the justice of peace
[01:05:21.660 --> 01:05:33.180]  clerk and ask the clerk to do a search for this company's name in her unlawful detainer file
[01:05:34.540 --> 01:05:43.260]  and you want to see all of the cases the eviction cases and from this company for the last say six
[01:05:43.260 --> 01:05:53.820]  months pull those cases and look at them yeah good good chance you will find all the dirt you need
[01:05:55.580 --> 01:06:05.980]  yeah we can say this case this case this case this case this is a pattern of of improper behavior
[01:06:05.980 --> 01:06:12.620]  proper behavior you start doing that you start raising the stakes on these guys
[01:06:14.220 --> 01:06:19.980]  because now you have a pattern of misconduct this kind of thing goes to rico
[01:06:23.580 --> 01:06:28.300]  and they'll see you going to rico or to a private attorney general suit
[01:06:30.700 --> 01:06:35.660]  and if you can put together good grounds for private attorney general suits you can
[01:06:35.660 --> 01:06:38.140]  almost certainly get a lawyer to pick that up for you
[01:06:41.180 --> 01:06:46.620]  okay and just briefly randy again generally what is rico
[01:06:48.540 --> 01:06:59.260]  that's the uh racketeering and uh whereas there are i forget what the acronym is but it's a statute
[01:06:59.260 --> 01:07:07.660]  to where if you can show a pattern of improper behavior access it's called a street gang statute
[01:07:09.260 --> 01:07:17.980]  and it requires at least two acts in furtherance of an ongoing criminal conspiracy
[01:07:18.540 --> 01:07:26.940]  the rico language is predicate acts toward an ongoing criminal enterprise
[01:07:26.940 --> 01:07:33.020]  all about me and they're operating an enterprise and if they're operating it in a manner that is
[01:07:33.020 --> 01:07:39.740]  illegal they're operating a criminal enterprise most likely they can get more money from these
[01:07:39.740 --> 01:07:46.300]  students so they're acting and you need to show that they're acting in violation of the renter's
[01:07:46.300 --> 01:07:53.820]  code that they're violating codes and conspiring to improperly evict old people
[01:07:53.820 --> 01:07:59.100]  now when you say old people are these people old enough to be considered seniors
[01:08:00.060 --> 01:08:05.100]  and their fire therefore fall under the senior abuse statutes
[01:08:07.580 --> 01:08:11.100]  some of them are elder abuse statutes
[01:08:11.100 --> 01:08:24.460]  elder abuse statutes oh well that's criminal yeah yeah they're only doing this to you because
[01:08:24.460 --> 01:08:32.220]  you're old or infirm and if you were 30 and vigorous they would mess with you
[01:08:32.220 --> 01:08:41.580]  you're well ready i'm suing them on march 6 for discrimination which we talked about a few weeks
[01:08:41.580 --> 01:08:51.420]  ago okay before you before you get to that read the contract go down to the eviction court and
[01:08:51.420 --> 01:08:57.820]  pull a bunch of their cases what i first started doing legal research i went to the clerk and
[01:08:57.820 --> 01:09:07.980]  started pulling cases and i found stuff in there i'd never heard of i see this motion in limiting
[01:09:07.980 --> 01:09:16.060]  what on earth is that and it's 30 pages it was 30 pages of questions the other side couldn't answer
[01:09:17.420 --> 01:09:22.780]  i would have never thought of something like that a brady motion my first brady motion i found in a
[01:09:22.780 --> 01:09:33.580]  a case i was looking to you'll find how people with lawyers defend against eviction
[01:09:35.900 --> 01:09:42.380]  then you can take those lawyers pleadings drag them out of there and rewrite them for yourself
[01:09:42.380 --> 01:09:50.380]  right don't write don't write your own pleadings if you're not plagiarizing somebody else's
[01:09:50.380 --> 01:10:00.300]  pleading you're not doing enough homework okay and a little bit of technique look at their pleadings
[01:10:01.420 --> 01:10:09.900]  you'll begin to notice a lot of consistencies in the pleading you want your pleadings to look like
[01:10:09.900 --> 01:10:19.500]  your pleadings to look like their pleadings you want any case law that's consistent like if you're
[01:10:19.500 --> 01:10:26.140]  pleading jurisdiction that case law is consistent in every case you want to make sure you're pleading
[01:10:26.140 --> 01:10:31.980]  the same case law if these lawyers are pleading that way when the judge gets to it he sees it
[01:10:31.980 --> 01:10:37.660]  he knows what it is he don't even bother to read it he just jumps over it but if you start putting
[01:10:37.660 --> 01:10:43.580]  in a bunch of case law the course never heard of over normal stuff judge is really going to get
[01:10:43.580 --> 01:10:49.420]  annoyed you give him 20 cases he's never seen before he's not going to read those 20 cases
[01:10:50.140 --> 01:10:59.020]  denied now that may not be right but that's how human beings do it so the best legal research you
[01:10:59.020 --> 01:11:06.460]  can do is look at other cases like yours consume these documents pull them out of the record
[01:11:06.460 --> 01:11:14.780]  or read them two or three times and then take the documents that fit your case and just shift the
[01:11:14.780 --> 01:11:20.060]  verbiage around the facts around so it fits your case and fight it and the judge will pick it up
[01:11:20.940 --> 01:11:28.140]  he'll look at it he'll think you know this is what i'm used to see it won't occur to him that a
[01:11:28.140 --> 01:11:37.420]  pro se did this you got these guys out there i'm putting in this stuff man on the land single
[01:11:37.420 --> 01:11:44.700]  sovereign all this blah blah blah i had a guy in new york do that and i'd known him a long time i
[01:11:44.700 --> 01:11:51.180]  said ray what is all this man on the land sovereign freeman he said well it's all true
[01:11:51.180 --> 01:11:57.980]  yeah it's true but ray you're fat balling old he didn't put that in there he said well it's not
[01:11:57.980 --> 01:12:06.220]  relevant right all this stuff is not relevant don't put it in there just look at these lawyer's
[01:12:06.220 --> 01:12:13.100]  pleadings and make your pleadings look like them it will dramatically decrease the amount of work
[01:12:13.100 --> 01:12:20.540]  you have to do and you will have a great fun doing it because you'd be surprised at the beginning
[01:12:20.540 --> 01:12:30.300]  surprised at the cool stuff you'll find okay and and i'm these pleadings i'm going to
[01:12:33.180 --> 01:12:39.420]  say them to the jury or i'm going to give this to the judge before and oh you read the pleadings
[01:12:39.420 --> 01:12:51.260]  you file with the judge you make up motions read the motions the motion is okay a pleading is an
[01:12:51.260 --> 01:12:57.980]  original filing there are three pleadings there are pleadings and motions a pleading is the
[01:12:57.980 --> 01:13:05.500]  original petition is a pleading a plea to the jurisdiction is a pleading and a a plea claiming
[01:13:05.500 --> 01:13:14.940]  double jeopardy those are pleadings everything else are motions you move the court and in order
[01:13:14.940 --> 01:13:22.780]  to move the court you must first give the court your first thing in your motion you tell the judge
[01:13:23.500 --> 01:13:31.580]  this is what i'm going to be asking you to do so you create a mental image in his mind of where
[01:13:31.580 --> 01:13:39.580]  you're going now he knows how to read the rest of it in context i read these pleadings and i'm 20
[01:13:39.580 --> 01:13:48.380]  pages in and i have no idea where this guy is going so i don't have any way of attaching
[01:13:48.380 --> 01:13:54.780]  referential index to what i'm reading i wind up having to read it again after i finished it
[01:13:54.780 --> 01:13:59.900]  and find out where you're going and then go reread this stuff so i know what the heck you're talking
[01:13:59.900 --> 01:14:08.860]  about so first thing tell him this is what i'm going to ask you for and here's my facts in support
[01:14:09.580 --> 01:14:19.660]  here are my arguments in in support of the facts and the law so the first thing you give him
[01:14:20.220 --> 01:14:26.780]  is what you're going to do then you give him facts and you craft your facts so that
[01:14:26.780 --> 01:14:32.220]  if you were reading these facts you wouldn't about something you didn't know anything about
[01:14:32.220 --> 01:14:40.060]  you're going to try to stitch these facts together in a way to make sense to you so you craft your
[01:14:40.060 --> 01:14:47.260]  facts in a way so that you've already told him where you're going and he's going to look at
[01:14:47.260 --> 01:14:55.260]  these facts and think okay how can these facts get him to where he's said he's going to go
[01:14:55.260 --> 01:15:04.140]  then if you go you write an argument in support and you apply case law to that
[01:15:05.100 --> 01:15:12.700]  you will be making decisions that he's already come to because you carefully crafted your facts
[01:15:12.700 --> 01:15:18.060]  to get him to come to that conclusion and when that happens he's going to think you're pretty smart
[01:15:18.060 --> 01:15:26.380]  because you came to the same conclusion he did and he will look much more favorably on your
[01:15:26.940 --> 01:15:31.580]  your arguments this is just the the most basic way to write a pleading
[01:15:32.380 --> 01:15:38.620]  so you write an introduction tell him where you're going then tell him the facts you're
[01:15:38.620 --> 01:15:45.100]  going to rely on your only purpose in the trial court is to put the facts and the law on the record
[01:15:45.100 --> 01:15:50.860]  so you tell him the facts that gets it on the record then you tell him how the law applies to
[01:15:50.860 --> 01:15:59.980]  those facts or how the contract applies to those facts and then you ask the judge for what you want
[01:16:01.340 --> 01:16:07.500]  you have to pray to the court for a ruling or he can't give you one
[01:16:07.500 --> 01:16:15.900]  i saw i read one once and i told this guy was a credit card suit i said they don't have a prayer
[01:16:16.540 --> 01:16:23.100]  and he said why not i don't know they don't have one they put in here what a scoundrel you were
[01:16:23.980 --> 01:16:27.500]  but they never asked the judge to do anything so they don't have a prayer
[01:16:28.780 --> 01:16:36.220]  the judge can't do anything in their favor okay so you need introduction facts argument in support
[01:16:36.220 --> 01:16:41.660]  conclusion generally and then a prayer you asked him for what you want that's basically how you
[01:16:41.660 --> 01:16:48.220]  write a pleading when you read these pleadings you'll see that style in there and after you've read
[01:16:48.220 --> 01:16:53.820]  half a dozen of them it'll begin to make sense to you hang on be right back james i see you there
[01:16:53.820 --> 01:17:02.060]  we'll pick you up in the next segment we'll be right back i love logos without the shows on this
[01:17:02.060 --> 01:17:06.700]  network i'd be almost as ignorant as my friends i'm so addicted to the truth now that there's no
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[01:18:01.260 --> 01:18:06.780]  harassed by debt collectors with phone calls letters or even lawsuits stop debt collectors
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[01:18:49.740 --> 01:18:59.020]  that's rule of law radio.com or email michael mirras at yahoo.com to learn how to stop debt
[01:18:59.020 --> 01:19:21.900]  collectors now this is the logos the logos radio net radio net ain't gonna blame me don't blame me
[01:19:21.900 --> 01:19:29.900]  me
[01:19:38.300 --> 01:19:47.580]  okay we are back in kelton rule of law radio and we're talking to dave in texas okay dave
[01:19:47.580 --> 01:19:53.900]  you kind of got your marching orders does this sound like something you think you can accomplish
[01:19:56.700 --> 01:20:05.020]  i do randy um i'm just trying to visualize it i can send pleadings
[01:20:05.020 --> 01:20:16.940]  from any case any case in any court i can send pleadings to a judge okay let me explain the
[01:20:16.940 --> 01:20:25.980]  process you always file your pleadings with the clerk of the court you can do it by mail
[01:20:25.980 --> 01:20:36.620]  always do certified mail return receipt you must send one to the court and one to opposing counsel
[01:20:38.140 --> 01:20:44.460]  the one that goes to the court needs to be an original it needs to have your signature on it
[01:20:45.500 --> 01:20:53.660]  the second the one to opposing counsel doesn't need that but it does need to be sent to a
[01:20:53.660 --> 01:21:02.060]  certified return receipt because if he gets one in regular mail it's going in the trash
[01:21:03.180 --> 01:21:07.180]  and he's going to say he never saw it and you're going to have to prove he did
[01:21:08.700 --> 01:21:15.580]  if you send it with the return receipt you get the green card back and you show that to the judge
[01:21:16.940 --> 01:21:21.340]  it's if you have someone who's a real scoundrel you might want to send two
[01:21:21.340 --> 01:21:31.740]  two one regular mail one certified mail the courts will say yeah the mail might make a mistake once
[01:21:32.620 --> 01:21:39.660]  but not twice so if you send two even if one's regular mail and they claim they didn't get the
[01:21:39.660 --> 01:21:44.060]  certified the court's going to say you've got one of these two because we trust the mail
[01:21:44.060 --> 01:21:51.100]  okay with that said you need to send any attachments they all need to be included
[01:21:52.700 --> 01:21:59.820]  but just make up your motion put it on below mail it to the clerk of the court and then
[01:22:00.940 --> 01:22:08.540]  once you have a motion filed nothing's going to happen with that motion until you contact
[01:22:08.540 --> 01:22:15.660]  the court coordinator and ask the court coordinator to put the case on for hearing
[01:22:17.500 --> 01:22:24.700]  you have to schedule it and generally they want you to contact the other side and make sure that
[01:22:24.700 --> 01:22:32.380]  they're open that day so what you do is you send the other side a letter saying i have this motion
[01:22:32.380 --> 01:22:40.940]  filed and i'm going to set it for either this day or this day if neither of those days are
[01:22:40.940 --> 01:22:47.180]  convenient to you give me a day that is convenient for you and i'll set it to that day
[01:22:48.540 --> 01:22:55.740]  you ask them okay normally the the judges hear motions on on a certain day of the week
[01:22:55.740 --> 01:23:03.820]  generally with they set one side one day a week aside to hear motions so you find out when the
[01:23:03.820 --> 01:23:09.260]  judge is is going to hear motions you get that from the coordinator and you give the lawyers
[01:23:09.260 --> 01:23:18.140]  on the other side you know two three four dates to pick from pick one of these if you don't i'm
[01:23:18.140 --> 01:23:23.820]  going to pick one and set it and then you make sure you keep this let this letter you sent to
[01:23:23.820 --> 01:23:31.900]  these guys so you can file it with the judge when you set the hearing if they've given you a date
[01:23:31.900 --> 01:23:37.340]  you said it that day and they're bound if they haven't given you a date and they refuse to respond
[01:23:37.900 --> 01:23:39.420]  then you just said it anyway
[01:23:42.380 --> 01:23:43.740]  and that's all there is to it
[01:23:43.740 --> 01:23:50.940]  okay one one other thing since you're pro se
[01:23:52.700 --> 01:23:59.500]  if you're pro se and you go into court to argue a motion across from the learned counsel
[01:24:02.060 --> 01:24:07.980]  you're like a lay person stepping in the boxing ring with a professional boxer
[01:24:07.980 --> 01:24:15.340]  yeah you are you are out of your league he knows stinking low-down rotten tricks you never imagined
[01:24:16.060 --> 01:24:23.580]  because this is what he does all the time so put in a motion objecting to oral argument
[01:24:24.860 --> 01:24:29.900]  ask that the court make all its rulings on the documentation
[01:24:29.900 --> 01:24:38.060]  on the documentation but other than that that's it objection to
[01:24:40.140 --> 01:24:44.940]  objection to oral argument wait say that again
[01:24:47.100 --> 01:24:54.700]  objection to oral argument is your is your trick yeah and all it has to say it has the court
[01:24:54.700 --> 01:25:00.860]  heading on the top and on the one side of for what it is you say objecting to oral argument
[01:25:00.860 --> 01:25:07.260]  and it only takes one sentence that you object to any oral argument as it would be unfair to you
[01:25:07.260 --> 01:25:14.300]  as a pro se litigant and you move the court to make all its rulings based on the pleadings
[01:25:14.300 --> 01:25:20.780]  and then under that you put a prayer you I hereby move the court to issue an order
[01:25:20.780 --> 01:25:29.260]  here stating that the court will hear all will determine all motions based on the pleadings
[01:25:30.620 --> 01:25:38.140]  priority once you want you got to ask them for it you can actually go on the internet and look up
[01:25:38.140 --> 01:25:44.940]  about any motion you can think of so do an internet search for objection to oral argument
[01:25:44.940 --> 01:25:52.780]  they have a standard form in the fed and that formal work for the state and they'll get a
[01:25:52.780 --> 01:25:59.820]  formed out and you can just fill in the spots and send it don't make up motions on your own
[01:26:00.860 --> 01:26:07.340]  if you haven't found a motion that goes to your issue you haven't done enough research
[01:26:07.340 --> 01:26:14.540]  research okay and then you will be amazed how much time that will save you
[01:26:17.020 --> 01:26:25.900]  okay and uh yeah thank you thank you call it call us next week and let us know what you found
[01:26:28.220 --> 01:26:33.260]  all right I think it'll be a lively show you'll be excited at all the cool stuff you find
[01:26:33.260 --> 01:26:42.220]  all right yes I'm sure as well Randy thank you so much okay thank you Dave now we're going to go to
[01:26:42.220 --> 01:26:57.580]  James in Texas there we go hello James hello Randy I see 817 are you the the James in the DFW area
[01:26:57.580 --> 01:27:09.100]  the just filed a quiet title action oh yes okay I thought that was you okay what do you have for
[01:27:09.100 --> 01:27:16.380]  us tonight well Michael I only have one simple question how long does it take for them to answer
[01:27:16.380 --> 01:27:25.660]  to the declaratory judgment well they probably won't unless you set it for hearing the other
[01:27:25.660 --> 01:27:31.900]  side is going to get opportunity to respond and they'll almost certainly file an opposition
[01:27:32.940 --> 01:27:40.220]  and then you'll want to file a response to their opposition that's going to be probably 90 days
[01:27:40.220 --> 01:27:48.860]  the time to get there and I have yet to have one get to that to the point of them actually making
[01:27:48.860 --> 01:27:56.540]  the ruling I got a bunch of them out there I've got what you can expect to happen is they will
[01:27:56.540 --> 01:28:07.500]  remove it to the federal court and then file a rule 12b6 who's going to follow 12b6 defendants
[01:28:08.460 --> 01:28:14.460]  or they there are no defendants well you have to give notice to interested parties
[01:28:14.460 --> 01:28:23.180]  and that would be to the governor of Texas and that's it okay I looked at your suit and
[01:28:25.020 --> 01:28:33.420]  I'm concerned that they're going to toss it because you're in the suit it does not bring
[01:28:33.420 --> 01:28:42.780]  a real controversy it does bring a controversy if you read what the declaratory judgment does
[01:28:42.780 --> 01:28:53.740]  is is the dta act is it lawful yes or no that's the only question that's presented to the court
[01:28:53.740 --> 01:29:02.380]  is it lawful yes or no and the court okay you're right I'm I'm brain dead this is a declaratory
[01:29:02.380 --> 01:29:10.220]  judgment right so yeah so you're not asking I'm mixing things up just like the judge did to me
[01:29:10.220 --> 01:29:20.060]  and I beam up for it you're asking the court to declare the rights of the parties right okay so
[01:29:20.060 --> 01:29:28.620]  there is that I filed a quiet title and asked the court to do just that they were the Wells Fargo
[01:29:28.620 --> 01:29:32.700]  removed it to the federal court filed a motion to dismiss for failure state of claim on which
[01:29:32.700 --> 01:29:41.980]  curve can be had hang on you got music and you'll be right back Randy Kelton rule of law radio I
[01:29:41.980 --> 01:29:49.900]  call it number 512-646-1984 we have our fundraiser on so it's a good time to go to logos radio
[01:29:49.900 --> 01:30:04.860]  network and check out our gun giveaway we'll be right back when the census form arrives plenty
[01:30:04.860 --> 01:30:10.460]  people fill out silly things but fictitious job titles like Jedi Knight are apparently nothing
[01:30:10.460 --> 01:30:15.420]  new I'm Dr. Catherine Albrecht and I'll be back to tell you about a 19th century pastor with a
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[01:31:10.700 --> 01:31:15.500]  beggar maker for a government official and master of the burnt crust for a baker
[01:31:15.500 --> 01:31:20.300]  he even wrote man trap for a woman of questionable morals it's a 200 year old
[01:31:20.300 --> 01:31:25.580]  joke that gets a laugh even today I'm Dr. Catherine Albrecht more news and information
[01:31:25.580 --> 01:31:35.900]  at CatherineAlbrecht.com this is building seven a 47 story skyscraper that fell on the afternoon
[01:31:35.900 --> 01:31:40.940]  of September 11 the government says that fire brought it down however 1500 architects and
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[01:31:50.460 --> 01:31:54.460]  theorist I'm a structural engineer I'm a New York City correctional I'm an air force pilot I'm a
[01:31:54.460 --> 01:32:00.860]  father who lost his son we're Americans and we deserve the truth go to rememberbuildingseven.org
[01:32:00.860 --> 01:32:05.420]  today hey it's Danny here for hill country home improvements did your home receive hail or wind
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[01:32:57.900 --> 01:33:01.580]  based on full roof replacement may not actually be kidding about chem trails
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[01:33:17.580 --> 01:33:38.380]  okay we are back randy kelton little radio and we're talking to james in texas okay james
[01:33:38.380 --> 01:33:45.180]  anyway the they moved to dismiss for failure state of claim which quiver can be had so
[01:33:45.180 --> 01:33:51.420]  i filed a challenge to subject matter jurisdiction instead of a motion to remand
[01:33:52.940 --> 01:33:58.300]  james are you familiar with the 2011 venue and removal clarification act
[01:33:59.340 --> 01:34:10.060]  yes that's what i filed under since the for those who don't know the the some circuit said that if
[01:34:10.060 --> 01:34:16.780]  the case is removed to the federal court and it has state issues in it the federal court can hear
[01:34:16.780 --> 01:34:24.460]  the state and the federal issues under the doctrine of judicial economy some other circuits said no no
[01:34:24.460 --> 01:34:33.740]  no no we can't hear state issues it's an undue intrusion on state sovereignty well the fed the
[01:34:33.740 --> 01:34:41.660]  legislature stepped in and they clarified that split between the circuits and they said that
[01:34:41.660 --> 01:34:49.900]  while a case with federal issues can be removed to the federal court the federal court must sever
[01:34:49.900 --> 01:35:01.820]  the state issues and remand so the way i read that is the federal court had no power to hear
[01:35:01.820 --> 01:35:10.620]  a state claim and a trespass to try title is purely a state claim or a quiet title action
[01:35:10.620 --> 01:35:18.060]  is purely a state claim no federal claims so since there were no federal claims i maintained
[01:35:18.060 --> 01:35:25.020]  the court lack subject matter jurisdiction i shot that in in their motion to
[01:35:25.020 --> 01:35:33.580]  uh dismiss they claimed that the court should dismiss the case because wells fargo is not the
[01:35:33.580 --> 01:35:44.780]  lender say what i had to read that twice to be sure what i saw and i think what the lawyer was
[01:35:44.780 --> 01:35:51.820]  met go ahead you need to ask a question you're saying wells fargo is not the lender who was
[01:35:51.820 --> 01:35:57.820]  not the lender who was the originating lender i don't remember in the case it wasn't wells fargo
[01:35:58.860 --> 01:36:06.380]  okay wells fargo only bought an interest in the intangible yeah i understand that but they
[01:36:06.380 --> 01:36:13.660]  were purporting to stand in the shoes of the lender as a successor or an assign
[01:36:15.180 --> 01:36:18.620]  so from that perspective they can't claim they're not the lender
[01:36:18.620 --> 01:36:24.140]  they're the agent for the lender whoever that or the agent for the lender or the successor or the
[01:36:24.140 --> 01:36:33.580]  sign whoever that might be and i didn't care who that was the lawyer screwed up and i looked at
[01:36:33.580 --> 01:36:42.380]  it and i said oh my goodness this is horrible i'm so ashamed i sued the wrong party so i ran down
[01:36:42.380 --> 01:36:52.380]  party so i ran down there and non-suited it the same day i why non-suited it to trap wells fargo
[01:36:53.500 --> 01:37:01.500]  under collateral estoppel they screwed up and made that statement and based on that statement
[01:37:02.140 --> 01:37:10.540]  i dismissed but i non-suited my case now they can't take it back they're stuck with it the same day
[01:37:10.540 --> 01:37:19.580]  i non-suited judge mcbride dismissed my case with prejudice for failure to state a claim of which
[01:37:19.580 --> 01:37:28.860]  recovery can't be had so i filed criminal charges against mcbride with the special agent in charge
[01:37:28.860 --> 01:37:38.220]  in dallas we'll see how that's going to work for him anyway but he dismissed he dismissed it for
[01:37:38.220 --> 01:37:47.020]  failure to state a claim the declaratory judgment suit there is no claim no there's not not an
[01:37:47.020 --> 01:37:56.300]  inductory judgment and the good thing about this is we we have over 700 people file federal lawsuits
[01:37:57.340 --> 01:38:05.980]  and the one thing the bank wants to avoid at all cost is discovery they're going to
[01:38:05.980 --> 01:38:12.140]  jump on that rule 12 and stay on that till they get old because they want to avoid discovery
[01:38:13.340 --> 01:38:17.020]  the declaratory judgment suit they have no rule 12 option
[01:38:18.860 --> 01:38:24.860]  no what once we get past the answer now we go to discovery and that's where we'll get them
[01:38:26.860 --> 01:38:31.260]  well i'm gonna i would have to say the first thing you got to do is determine the rights of
[01:38:31.260 --> 01:38:37.900]  the parties and that's to file a declaratory judgment act then take it from there then file
[01:38:37.900 --> 01:38:43.420]  your suit after that whatever suits you want after that after you determine who's got rights
[01:38:43.420 --> 01:38:51.420]  to what and you really don't care what the rights are because it's all it's like you said it's all
[01:38:51.420 --> 01:38:58.060]  politics and i don't really give a damn which way they go either they're damned if they do or
[01:38:58.060 --> 01:39:05.020]  they're damned if they don't and i really don't give a hoot which way they go it that was exactly
[01:39:06.780 --> 01:39:15.260]  my position i helped a woman in california file a declaratory judgment suit and the other side filed
[01:39:15.260 --> 01:39:25.100]  a new mirror and i'm looking at it and in the answer i explained to the court that i had noticed
[01:39:25.100 --> 01:39:34.780]  the other side that i had issues wherein i had reason to believe that the lender was overcharging
[01:39:34.780 --> 01:39:44.780]  in excess of what was authorized by the note and those overcharges were contributing to the default
[01:39:44.780 --> 01:39:53.740]  in in the issue but i didn't know who to sue i didn't know who the holder was so i filed this
[01:39:53.740 --> 01:40:01.660]  action to find out who the actual holder was so that i'd know the right one to sue for the issues
[01:40:01.660 --> 01:40:11.020]  that i have to bring before the court and use the who's on first argument right i don't know who's
[01:40:11.020 --> 01:40:19.260]  on first i i think that the servicer aquin's on second but i don't know what that is
[01:40:19.260 --> 01:40:25.980]  yes no you know aquin is is the catcher and he's catching and that's all he's doing is he's catching
[01:40:25.980 --> 01:40:33.580]  the flak well i'm using abbott and costello's who's on first what's on second i don't know is
[01:40:33.580 --> 01:40:39.660]  in the outfield and i don't give a damn is at shortstop and i indicated that i'm certain that
[01:40:39.660 --> 01:40:46.060]  aquin's at at shortstop because they really don't give a damn so but i did have fun with the suit
[01:40:46.060 --> 01:40:56.620]  with the who's on first argument it fits real well into this and it frames where we're going
[01:40:56.620 --> 01:41:04.060]  who is on first that's the big deal that's the weakness that the that the banks have created for
[01:41:04.060 --> 01:41:11.740]  themselves i'm going to go back to dave in texas and he's talking about his baseboards
[01:41:11.740 --> 01:41:19.260]  that's my question is who made the determination that the baseboards were bad
[01:41:20.700 --> 01:41:27.100]  and that suggests dead on that's exactly where i was going you know what constituted bad
[01:41:28.060 --> 01:41:34.060]  if they're bad who made them bad were they already bad when when dave moved in
[01:41:35.660 --> 01:41:41.580]  is there evidence that that even if they were bad that dave actually damaged them or did they
[01:41:41.580 --> 01:41:48.540]  just rot out on their own well if they rotted out on their own that's normal wear and tear
[01:41:48.540 --> 01:41:54.380]  and he's not liable for wear and tear and if they were already damaged when he moved in he's not
[01:41:54.380 --> 01:42:00.460]  liable for that and i i get the impression that was the case because he did mention something
[01:42:00.460 --> 01:42:06.940]  about him needing to sign off on the baseboards so there was probably an issue with the baseboards
[01:42:06.940 --> 01:42:13.020]  when he moved in and they're saying that he didn't sign something that he should have therefore he's
[01:42:13.020 --> 01:42:19.740]  responsible for the baseboards and i would want to see how the contract established that
[01:42:21.820 --> 01:42:28.620]  well the thing is when they refused to accept the payment what did they do to that contract
[01:42:28.620 --> 01:42:36.220]  well they they didn't avoid it but the way i read the commercial code
[01:42:37.180 --> 01:42:45.180]  and do you know what is it 41 or 141 or is it torts and remedies where did they put
[01:42:45.180 --> 01:42:52.460]  where did texas put the commercial code when they adopted it texas business and commerce code
[01:42:52.460 --> 01:42:59.740]  oh business and commerce okay so there is there's one of them in there i don't have it
[01:42:59.740 --> 01:43:05.900]  in my i used to have it memorized but it's been too long that says when you offer payment and the
[01:43:05.900 --> 01:43:15.420]  payment is refused payments made that would be correct he came in and offered rent payment
[01:43:15.420 --> 01:43:22.380]  payment and they refused to accept it because they claimed he owed this other money well my
[01:43:22.380 --> 01:43:31.660]  question becomes does that other money become a part of his rent payment or is that other money
[01:43:31.660 --> 01:43:39.260]  they owe it and that would be the money that he didn't owe them that they need to give back to him
[01:43:39.260 --> 01:43:46.860]  has nothing to do with rent yeah that would be my statement they can't deny him the ability to pay
[01:43:46.860 --> 01:43:52.860]  rent because they they they claim he owes some money they have to collect civilly hang on going
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[01:46:25.660 --> 01:46:32.540]  okay we are back randy kelton rule of our radio and we're talking to james in texas
[01:46:34.620 --> 01:46:44.380]  the in your opinion james what would be the hardest question for the renter the rent
[01:46:44.380 --> 01:46:56.460]  or to to answer for day what do i think would be the hardest question for the renter to
[01:46:56.460 --> 01:47:05.900]  be answered did i pay did he pay the rent yes or no and they're going to say no okay then
[01:47:05.900 --> 01:47:15.100]  i'm being pedantic did he attempt to pay the he needs to be able to prove it somehow
[01:47:18.460 --> 01:47:25.340]  just can't just can't allege it he needs to prove it what he has if he wrote out a check
[01:47:27.100 --> 01:47:31.580]  show me a check that you wrote out that somebody saw you write out and hand to him
[01:47:31.580 --> 01:47:40.380]  show me give me some proof give me something well he could turn that around by questioning them
[01:47:41.740 --> 01:47:48.460]  did you or did he offer payment i'm getting to where i like bushwhack better
[01:47:50.140 --> 01:47:58.540]  if i have absolute proof that i did something i'm going to ask the other side to confirm that i did
[01:47:58.540 --> 01:48:05.100]  it to try to get them to lie about it then i bring out my proof
[01:48:06.860 --> 01:48:12.940]  once i snuck up on them that way once now they feel like i'm always sneaking up on them i was
[01:48:12.940 --> 01:48:20.140]  going into the courthouse put my phone on the little conveyor and they noticed it had a pocket
[01:48:20.140 --> 01:48:25.420]  clip on the back and i'd had trouble with these babies before they do are coming after them
[01:48:25.420 --> 01:48:30.780]  and they're trying to be buddy buddy so he looked at that and said that's really nice where did you
[01:48:30.780 --> 01:48:36.300]  get that and i said oh i made it myself and i took the cover off and showed him the duct tape on the
[01:48:36.300 --> 01:48:42.780]  inside and i said that's made for a special purpose you see when you slip it down in your pocket
[01:48:42.780 --> 01:48:49.260]  it holds the camera up above the edge of your pocket and they said you haven't been videotaping
[01:48:49.260 --> 01:48:56.140]  us without our permission have you oh yeah i do that all the time well at the time they
[01:48:56.140 --> 01:49:01.100]  drove me out of the courthouse and smashed my face in the concrete i didn't have it turned on
[01:49:02.700 --> 01:49:09.420]  but now they think i did now they can't lie because they think i've got a videotape of what
[01:49:09.420 --> 01:49:23.020]  actually happened i love bushwhacking but the point was on past him there is one thing that i
[01:49:23.020 --> 01:49:31.340]  wanted to to address about the quiet titles issue the one i mean the declaratory judgments that you
[01:49:31.340 --> 01:49:39.580]  filed and i'm going to say this you can share that with anybody you want to it's a matter of public
[01:49:39.580 --> 01:49:46.780]  record it's filed yes once it's filed and i i've got it and i've read it and i'm helping people
[01:49:46.780 --> 01:49:59.100]  still with foreclosure issues i will take that argument and craft it into a foreclosure issue
[01:49:59.100 --> 01:50:07.100]  where the person clearly has standing but can you explain what your issue is with the statute
[01:50:07.100 --> 01:50:17.980]  you're trying to get declared unconstitutional okay under the texas property code 51.000143
[01:50:19.020 --> 01:50:28.220]  it says that the statute reads that they can file a record they can file anything they want a record
[01:50:28.220 --> 01:50:34.940]  and it's given the full force of the law you can go into a court with a substitute custody deed
[01:50:34.940 --> 01:50:41.340]  that's illegally filed ineligible to be filed and it's got the full force of law and if you don't
[01:50:41.340 --> 01:50:48.460]  walk into that jp court with a general warranty deed and a list pendants are noticed that you've
[01:50:48.460 --> 01:50:55.100]  got suit filed they're going to say well that substitute custody is the closest thing i have to
[01:50:55.100 --> 01:51:05.900]  a probable claim you lose but that that has been in essentially in law all along because
[01:51:06.780 --> 01:51:15.020]  anything that's filed with the county recorder is presumed to be regular unless it's challenged and
[01:51:15.020 --> 01:51:24.620]  you have four years to challenge it after four years it becomes valid as a matter of law so
[01:51:24.620 --> 01:51:34.300]  that's already in code but you're going to find out 51.00014c did not come into law to
[01:51:34.300 --> 01:51:45.500]  2000 January 1 of 2004 that's when it became what i'm looking for is what's different in in this one
[01:51:46.300 --> 01:51:53.420]  as opposed to what had already been there the the presumption that something is is regular when it's
[01:51:53.420 --> 01:52:00.780]  filed what is different about this one this one is they're using the law to sit there and say we
[01:52:00.780 --> 01:52:07.740]  have a law that gives us it gives us the full force of law behind us it's no longer we have
[01:52:07.740 --> 01:52:16.700]  to argue we've got a law that says it has the force of law okay and that's not right
[01:52:16.700 --> 01:52:29.180]  right but okay the the the petitions i've been filing is i backed up to 13.001
[01:52:30.780 --> 01:52:38.380]  and i the question that i asked the court and i did the same thing in California the statute there
[01:52:38.380 --> 01:52:48.300]  was California civil code 1214 and it says essentially the same thing as Texas does 13.001
[01:52:48.300 --> 01:52:53.180]  says any claim against real property not properly acknowledged or proven and filed in the record
[01:52:53.180 --> 01:53:02.540]  is void is to the holder nice okay unless you have a statute that says says i can file anything even
[01:53:02.540 --> 01:53:10.780]  if it's unlawful and have the force of law i can create a document then it's not in paramateria
[01:53:10.780 --> 01:53:20.780]  with 1214 now when they bring that one i'm going to ask them to show how it's in paramateria with 12
[01:53:20.780 --> 01:53:27.900]  with i'm sorry 13.001 and 13.001 has been in the code forever and this is a new statute
[01:53:27.900 --> 01:53:39.740]  so show how this new statute is not in in conflict with 13.001 and if the document has been filed
[01:53:41.020 --> 01:53:52.940]  and it doesn't meet the requirements of 51901c then does this statute overcome the presumption
[01:53:52.940 --> 01:54:00.140]  of fraud 51 for those who don't know 51901c says that any i'm paraphrasing here because it's a
[01:54:00.140 --> 01:54:08.220]  little bit long any document filed in the public record by someone who doesn't have something in
[01:54:08.220 --> 01:54:16.060]  the record showing that they have standing to file a document that affects title is presumed to be
[01:54:16.060 --> 01:54:27.340]  fraudulent this is a special definition of fraud so if one dot 00014 c comes back and literally
[01:54:27.340 --> 01:54:34.060]  negates that it says well i can file anything whether it's legal or not and it has the force
[01:54:34.060 --> 01:54:42.780]  of law that's unconstitutional that is absolutely not only unconstitutional it's not in paramateria
[01:54:42.780 --> 01:54:53.900]  with the corpus juris it has the effect of nullifying long-standing law correct these
[01:54:53.900 --> 01:55:01.020]  issues were already handled and now they filed this document i don't see how they can get around
[01:55:01.020 --> 01:55:14.780]  the 51901c they can't so i would say yeah this document was filed but the statute presumes that
[01:55:14.780 --> 01:55:24.380]  the document was filed in compliance with standing law so i go back and say nothing in the court in
[01:55:24.380 --> 01:55:29.820]  the code says you have standing to do that so this is not in compliance so therefore it's fraud under
[01:55:29.820 --> 01:55:41.580]  51901c can you think of any i haven't studied that code yet to see if it's got a way of getting around
[01:55:41.580 --> 01:55:48.460]  those arguments yes it does it has a way to get around it and it's been used in the in the federal
[01:55:48.460 --> 01:55:56.940]  courts and also you've got a federal court out of in the northern district of texas that has come
[01:55:56.940 --> 01:56:04.220]  back and said there and says the durable power of attorneys act in the estate code that affects
[01:56:04.220 --> 01:56:13.100]  real property only is valid to to the estate well what is an estate
[01:56:17.740 --> 01:56:26.220]  whatever's on okay they took it out of probate so is he ruling that it only applies if the
[01:56:26.220 --> 01:56:27.500]  estate owner dies
[01:56:34.300 --> 01:56:44.300]  yeah james i'm sorry i didn't understand your question it the durable power of attorney statute
[01:56:44.300 --> 01:56:55.020]  used to be in the probate code 489 probate code and it said that in order to file a document
[01:56:55.020 --> 01:57:02.140]  in the public record affecting title the fighter had to have durable power of attorney evidence of
[01:57:02.140 --> 01:57:07.580]  durable power of attorney filed in the record already well they moved it out of the probate
[01:57:07.580 --> 01:57:15.660]  code into the estate's code so now this affects the estate well my property is my estate
[01:57:15.660 --> 01:57:27.340]  yes it is you don't have to be dead to have an estate and i'm preparing some pleadings now
[01:57:29.020 --> 01:57:37.580]  in this the one i just produced for a guy here in texas i'm saying that in 2015 there was a
[01:57:37.580 --> 01:57:46.060]  document filed in the public record and there is no doable power of attorney filed in the record
[01:57:47.100 --> 01:57:52.780]  the well you can go back and look at prior to 2000 and i think i have them where
[01:57:53.820 --> 01:58:01.900]  even stephen c porter has filed a doable power of attorney that for wells fargo in the record
[01:58:01.900 --> 01:58:07.980]  in 98 they just quit doing it because nobody's nobody raised a red flag
[01:58:09.660 --> 01:58:17.820]  so practice took on the appearance of law yeah and you can go to stuart title and guarantee title
[01:58:17.820 --> 01:58:24.380]  and do a google search on those and and find their underwriting guidelines and they will tell you
[01:58:24.380 --> 01:58:32.060]  that they will not ensure one unless you comply with chapter 751 of the doable power of attorney
[01:58:32.060 --> 01:58:40.300]  act in texas and that's 751 and that's one i'm pleading specifically to get a good ruling on
[01:58:40.300 --> 01:58:44.780]  hang on about to go to break randy kelton wheel of law radio we'll be right back
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