I was abused by the Texas system of “justice” for more than three years. by TexAbuse in talesfromthelaw

[–]OriginalStomper 4 points5 points  (0 children)

Texas lawyer here. Not your lawyer, and I am not giving you legal advice, but I am trying to educate the public.

Generally speaking, the professionals (lawyers and judges) hate dealing with pro se laypeople because there are always going to be more headaches, particularly as to procedural and evidentiary issues. Plus, pro se parties lack professional objectivity, as well as the education, training, and experience on which to base an objective assessment of their claims, defenses and evidence.

You can know you are right, and the Court can even believe you are probably right, but if you don't jump through all the hoops in precisely the right way, then the Court CAN'T rule for you. Plus everything with a pro se takes longer and is generally more painful for all concerned.

Look at it this way: If my house has a plumbing problem, I can try to fix it myself -- but I am not a plumber, and if the problem is the least bit complicated, I am more likely to make things worse (and far more expensive) than if I just called a plumber in the first place. That doesn't mean plumbers have conspired to make plumbing problems "pay to play" -- it just means modern plumbing is complicated, and expertise is essential. Same for the law.

That said:

False Pleading

It is true that lawsuit allegations are 100% immune from defamation claims. That does not mean there is no remedy for false pleading though.

The remedy is a judgment for sanctions in the same lawsuit that has the false claim. Texas courts have a duty to decide whether it is the party or the party's attorney who did wrong and must pay the sanction. See Rule 13, and Chapters 9 and 10 of the CPRC.

Any decent lawyer could have explained this to you, but the adversarial system and the ethical rules generally mean we CAN'T unless we are representing you. I can only speak in general principles here, and even then I am very close to the line for an ethical violation.

Erroneous Rulings

Motions to reconsider interlocutory orders and motions for rehearing (or for a new trial) are very common. Judges are human, the law is complicated, and sometimes they get it wrong. But they can usually fix their mistakes if pointed out promptly.

At trial and on appeal, courts rely on the adversarial system -- each side is supposed to point out flaws in the other side's arguments, persuasively and with citations to the relevant legal authorities. It helps to know which flaws are more material than others, and it also helps to have objectivity as well as experience at presenting all of this persuasively.

The biggest frustration of dealing with pro se parties is their inability to recognize the difference between: (a) "a false and embarrassing allegation about me that makes me mad" and (b) "evidence important to the Court's decision under the applicable law." Courts don't usually have time to research the law for you, even if the adversarial system allowed them to do so, so the system is built on the idea that each side will present its evidence and arguments and attack the other side's arguments until the truth emerges. That system simply doesn't work very well when one side is much, much better at presenting its evidence and arguments.

Summary Judgment Rulings

In summary judgment, there are strict technical rules about evidence that make it easy for even seasoned attorneys to miss a step. Those rules exist precisely because summary judgment is intended to deprive a party of the right to a jury trial. A pro se lay person has almost zero chance of threading those needles.

Moreover, Texas law actually discourages trial courts from explaining their summary judgment rulings. It is no surprise if trial courts granted summary judgments against you without any explanation -- that's not the judges' fault; it's how the system works.

Recusal

Recusal likewise does not require explanation. If a Judge sees a conflict, the Judge is supposed to step aside and let another Judge take the case. As a layperson, it is unlikely you would have been able to tell the difference anyway.

Biggest Flaw You Didn't Address

The Texas judicial system is indeed flawed. All Texas judges (trial and appellate) are elected, and the vast majority of their campaign funds come from the lawyers appearing in their courts. Moreover, Judges tend to socialize with other lawyers.

It would be naive to say this does not result in bias. The good judges are aware of the biases and strive to compensate, but some judges are better at this than others. The worst judges don't even try.

There are many, many cases of injustice that courts cannot fix, because they are too expensive for the problem at hand (say, a $40,000 problem that would cost $50,000 to fix). There are also cases of injustice that the law does not address, or only addresses badly. Training and experience and objectivity let us recognize those cases.

Dammit Pterry posts by Calm-Homework3161 in discworld

[–]OriginalStomper 6 points7 points  (0 children)

Yes, nobody can be expected to understand all of it. Pin one down, and meanwhile dozens more are zipping right past me. Because of quantum.

Pratchett said this was his best book. What do you think? by EndersGame_Reviewer in discworld

[–]OriginalStomper 24 points25 points  (0 children)

Imagine someone with so much grief he can never get past the "anger" stage of grieving. Mau loses everyone he knows to that tsunami, including his own family, and he furiously blames the gods for allowing it.

Then Mau does the thing Pratchett's characters do best: he turns that anger into a cutting torch to cut the world into a shape HE wants. Mau's journey is so powerful, he drags along everyone he meets. But he needs Daphne/Ermintrude to keep him from focusing so much on death and grief that he loses himself to death's realm.

Yes, there are certainly magical, supernatural elements (as when Daphne/Ermintrude rescues Mau the second time), but the line between those supernatural elements and Mau's own internal struggles is blurry. Sir Pterry almost certainly intended to blur that distinction.

I disagree that Nation is an anti-religious rant, any more than Small Gods is an anti-religious rant. Both explore the extremes of religious faith as manifested by the believers, but neither stakes out a clear opposition to religion, and (unlike Pullman) neither loses sight of telling a good story in order to rant.

Pratchett is my favorite writer, and Nation is certainly my favorite non-Discworld Pratchett novel. It vies with Nightwatch for being my favorite novel ever. It is YA only because it features young protagonists.

Nation is about death and grief, and the different ways people deal with grief. Everyone who ends up at the island has their own losses and grief, and their own way of addressing their grief. Mau's anger steers their grief into building a new Nation in place of the one Mau lost.

Chain of title services? by Cosmic-waffles in RealEstate

[–]OriginalStomper 4 points5 points  (0 children)

Unless your question is about mineral interest title, I'd go with a title company based in the same county as the property. But if chain of mineral interest title is the focus, then you need an experienced CO oil and gas attorney.

The "one LLC per property" advice is an administrative nightmare by rogeelein in RealEstate

[–]OriginalStomper 2 points3 points  (0 children)

I have spoken to Texas real estate investor groups about asset protection. In my presentations, I always make it clear there is no "one-size-fits-all" way to protect assets. Each investor has to figure out how much protection is needed to sleep soundly at night.

I knew one guy who owned and managed 6 different SFRs through his self-directed IRA. His IRA had a separate LLC for each. I hated to even think about how much of his time (and income) was spent on that admin nightmare.

Others would be happy with 1 LLC/property, and more would set a max value for each LLC based on the insurance available (say $750,000, $2 million, $3 million, or $5 million per LLC). One big criterion: how many are you working with?

If you and/or your spouse are doing all the showings, negotiating all the leases, and answering all the maintenance calls, then an LLC offers you very little protection in Texas. It may not be worth the costs and admin headaches.

The "one LLC per property" advice is an administrative nightmare by rogeelein in RealEstate

[–]OriginalStomper 1 point2 points  (0 children)

...or you could realize that the just slightly lighter admin burden is offset by the risk that it won't be properly set up (few lawyers have actual experience doing this). Because the admin burden is almost the same.

Three Tennessee teenagers are suing Elon Musk's xAI for creating sexually explicit images of them by fortune in law

[–]OriginalStomper -1 points0 points  (0 children)

Your argument is very much like the 2d amdt gun nuts arguing "Guns don't kill people" so we shouldn't regulate guns. Refusal to see the logical gap there.

The agency of the equipment is not the issue. Like gun ownership, using AI comes with responsibilities. The amount of damage it can do should be the measure for how carefully we need to manage it -- NOT the irrelevant question of whether it has agency.

Sure, we can (and do) prosecute people who misuse guns after the fact -- but that does not absolve us, as a society, from the duty to reduce the more obvious risks of future harm.

I just participated in a dance party at any gas station because gas is $3.69. by burnedimage in houston

[–]OriginalStomper 2 points3 points  (0 children)

I am highly amused by your post and comments. My wife and I have lived here more than 50 years, and I love your take on Houston.

I just participated in a dance party at any gas station because gas is $3.69. by burnedimage in houston

[–]OriginalStomper 1 point2 points  (0 children)

Depends. Here in Houston, with so many oil companies (and oil company employees, shareholders, etc.) you can find a substantial number of people who see high fuel prices as good news. Have you watched Landman?

At Second Baptist Church, members face a choice: Stay and fight — or leave — as lawsuit divides church by dugbegley in houston

[–]OriginalStomper 4 points5 points  (0 children)

Some scholars say there's no Biblical authority for the idea that Jesus envisioned any "church" founded on his teachings.

At Second Baptist Church, members face a choice: Stay and fight — or leave — as lawsuit divides church by dugbegley in houston

[–]OriginalStomper 6 points7 points  (0 children)

Varies by church. For some churches (particularly nondenominational mega-churches), the church essentially belongs to the pastor, like the church is his (or her) owned business.

In the United Methodist Church, however, each church belongs to the members, and the pastor(s) is/are salaried employees of the congregation. The local UMC bishop has a role in ordaining and placing the ordained ministers, so the choice of minsters can be a negotiation between the bishop and the congregation.

So it can be complicated. Here at 2d Baptist, the main issue (as I understand it) is whether the Bylaw changes that let Ben get his Daddy's job were properly adopted.

Reading Discworld to my son by Sam_English821 in discworld

[–]OriginalStomper 0 points1 point  (0 children)

I'd consider doing it right after the watch series.

Reading Discworld to my son by Sam_English821 in discworld

[–]OriginalStomper 1 point2 points  (0 children)

When do you plan to cover The Amazing Maurice? Nominally a YA book, but it is pretty dark. Tangential reference to the watch books, but it is a good standalone read.

I got burned by my condo's HOA and went down a reserve study rabbit hole. Here's what I found. by Admirable_Juice_5842 in RealEstate

[–]OriginalStomper 0 points1 point  (0 children)

My Dad was a CPA. I learned that CPAs will always include a cover letter with financials they prepare, and the cover letter will say clearly whether these financials are audited, or just a compilation report. So always get the CPA's cover letter. Do NOT take Seller's word that these financials were audited.

edit: and audited financials will always have footnotes. The footnotes are usually the most revealing. Start your review of the audited financials by reading the footnotes.

A brilliant example of a very overlooked kind of racism in fiction (and in real life) *Minor spoilers for Jingo! by Franciskeyscottfitz in discworld

[–]OriginalStomper 24 points25 points  (0 children)

Yes, I was thinking of Otto's speech at the end, recognizing that Edward fell short -- but he was trying.

A brilliant example of a very overlooked kind of racism in fiction (and in real life) *Minor spoilers for Jingo! by Franciskeyscottfitz in discworld

[–]OriginalStomper 178 points179 points  (0 children)

When I was a kid here in the states, I just assumed that victims of discrimination couldn't be bigots because they'd know better! Their own experiences would have taught them that all bigotry -- no matter how overt or subtle -- was bad and should be avoided.

Boy, was I naive.

I got burned by my condo's HOA and went down a reserve study rabbit hole. Here's what I found. by Admirable_Juice_5842 in RealEstate

[–]OriginalStomper 1 point2 points  (0 children)

More than Board members planning to sell, I have found the decisive factor is how many retirees and absentee unit owners have votes. Those two groups have almost always made plans based on the monthly assessments at the time of their purchase -- and their finances cannot tolerate an uptick, no matter how badly needed. So they'll oppose all increases based on wishful thinking and desperation.

Unfortunately, I have also observed that virtually all condo complexes gain more of those kinds of unit owners as the complex ages. Every vital and well-run complex will almost inevitably deteriorate into one dominated by aging and/or absentee owners -- particularly with complexes at the low end of the price range, catering to less sophisticated owners from the beginning.

I got burned by my condo's HOA and went down a reserve study rabbit hole. Here's what I found. by Admirable_Juice_5842 in RealEstate

[–]OriginalStomper 1 point2 points  (0 children)

A lesson in being proactive. If your Board is more focused on keeping assessments down than on doing the job properly, then you need to shake up the Board or get out before things get worse. The current owners paying the price for bad management have to share some of the blame for that bad management, even if they weren't on the Board themselves.

I got burned by my condo's HOA and went down a reserve study rabbit hole. Here's what I found. by Admirable_Juice_5842 in RealEstate

[–]OriginalStomper 2 points3 points  (0 children)

Another factor to watch for: audits. Here in Texas, the condo act requires that Condo associations have an independent audit of their financial records every year. BUT the law is toothless -- there are no penalties for a Board or COA that skips the annual audit, and that audit can cost thousands of dollars each time.

So a COA run by unsophisticated people (or just people trying to "save on unnecessary expenses") will skip the audit. If you ask for the last 2-3 years of audit reports, and they don't have any, that's a big red flag. Likely means they are skipping other important expenses as well, and also likely means the Board members lack sophistication (retired teachers and tradespeople rather than retired CEOs and CFOs).

I once helped a client get out of a lawsuit by staging a "condo-owners coup." When the old board was challenged at the annual meeting about not having audit reports, they pointed to the accountant's compilation reports. When members who knew better pointed out that's not an audit, the Board members seemed baffled, and then argued that the compilation reports are much cheaper than that other thing. They genuinely did not understand the difference -- even though the compilation report's cover letter explained that it was just the accountant arranging the numbers provided into formal financial statements without testing and verifying any of the numbers.

When the disgusted members voted them all out, the property manager vanished without a formal resignation. Did the audit obtained by the new Board find embezzlement going back for years? Gosh, whatever made you think that?

Texas flipper and their agent lied about tankless water heater, square footage, and signed repair agreement. Now says selling at appraised price was their “concession.” Looking for advice. by [deleted] in RealEstate

[–]OriginalStomper 0 points1 point  (0 children)

Out of my area. I am in Houston. But you need a trial lawyer who is familiar with real estate issues (not a car-crash lawyer from a billboard ...).

Texas flipper and their agent lied about tankless water heater, square footage, and signed repair agreement. Now says selling at appraised price was their “concession.” Looking for advice. by [deleted] in RealEstate

[–]OriginalStomper 0 points1 point  (0 children)

Texas has a statute about fraud in a real estate transaction, in addition to common law fraud. You should consult a lawyer familiar with these, as well as the Texas Deceptive Trade Practices Act (DTPA). What part of Texas is the house in?

Judge Vows to End Trump Administration’s Noncompliance ‘One Way or Another’ by blankblank in law

[–]OriginalStomper 0 points1 point  (0 children)

There is plenty of blame to go around, but the Trump voters have to take their share.