Lawsuit: Dismissed Ersy05 v. VaLioR_1299 [2021] FCR 67

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egetogrow2

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egetogrow2
egetogrow2
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IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


Ersy05 - egetogrow2 Representing
Plaintiff

v.

VaLioR_1299
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

WRITTEN STATEMENT FROM THE PLAINTIFF
Defendant has been pressuring the Plaintiff for a few days because of something that is already has been proved wrong. Defendant also tried to kick the Plaintiff out of their own legal property illegally and told him to get out of their legal property. Plaintiff was being a victim against rich people and could'nt defend himself properly since Defendant found out he has no lawyer and pressuring him more to make him shut up against them.
I. PARTIES
1. Ersy05 (egetogrow2 Representing) - Plaintiff
2. VaLioR_1299 Defendant
3. Kycnn1703 Former Owner of the plot
II. FACTS
1. Defendant tried to kick the Plaintiff from their legally usable rented plot without the rent day expired.
2. Defendant called two authorities and lied to them about the situation at that moment.
3. Defendant and Former Owner of the plot tried to scam the Plaintiff with the Defendant.
4.The plot was owned by Kycnn1703 and Ersy05 was a Tenant at the plot. While Ersy05 still had 10 days of stay in the plot Kycnn1703 sold the plot to VaLioR_1299. VaLioR_1299 tried to evict Ersy05 from the plot and Ersy05 still had 10 days of stay in the plot since he paid Kycnn1703 $650 for the rent.
5. VaLioR_1299 told Ersy05 to he can stay for 10 days but then he has to go. Ersy05 had a building he constructed in the plot by himself took 15 hours to built. Erys05 demanded damages of the building since he will have to leave the whole building. VaLioR_1299 Refuses to pay and takes the plots acces from Ersy05 at the date of 12.06 today as can be seen in image one in attachments he is stealing 10 days of usage for the plot from Ersy05 which is frauding. However Kycnn1703 claims he has nothing to do with this since he is the Former Owner of the plot as can be seen in image too translated in English from Turkish = VaLioR_1299 claims that kayacan (Kycnn1703) let VaLioR_1299 to remove his acces and Kycnn1703 still says he has no right to decide since he is the Former Owner.
III. CLAIMS FOR RELIEF
1. According to Act of Congress: Tenant Rights Act, Episode 6 - Under name of Legal Addition ''Wrongful Eviction'' and according to Episode 5 ''Business Establishments'' named Episodes refund and if the Tenant is a company you have to pay for operation and logistics costs.


IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. Refund
2. $500 for evicting early as 8 days and demanding for the sales in the future 8 days.
3. $6000 for costs of operation and logistics of the company named Redmont Print House.
(Attach evidence and a list of witnesses at the bottom if applicable)

By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: 12.06.2021
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IN THE COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

The defendant is required to appear before the court in the case of Ersy05 (egetogrow2 - Distinctive Partners At Law Representing) v. VaLioR_1299. Failure to appear within 48 hours of this summons will result in a default judgment in favor of the plaintiff.

I'd also like to remind both parties to be aware of the Court Rules and Procedures.​
 
Your Honour,

I have just had discussions with the defendant and will act as his representation in this lawsuit. However due to irl work schedule may I ask for some more time due to the lack of awareness and preparation I would need to performance adequately within the time frame given.
 
Your request for an extension has been granted, you have an extra 24 hours to respond to the case before default judgment.
 
IN THE COURT OF THE COMMONWEALTH OF REDMONT


MOTION TO DISMISS

Ersy05 - egetogrow2 Representing
Plaintiff

v.

VaLioR_1299 - Poemhunter Representing
Defendant


MOTION TO DISMISS

Defendant move that the complaint in this case be dismissed, and in support thereof, respectfully alleges:

1.The plaintiff claims that the defendant is trying to remove them from their legal property, the definition of legal property:
a. Something owned; a possession.
b. A piece of real estate: has a swimming pool on the property.
c. Something tangible or intangible to which its owner has legal title: properties such as copyrights and trademarks.
d. Something tangible or intangible, such as a claim or a right, in which a person has a legally cognizable, compensable interest.
e. Possessions considered as a group: moved with all his property.

The plaintiff is not the property owner of the land but rather the defendant. He is merely a tenant who is occupying the land. The property owner may just his property to a commercial purpose and rent his physical property at market value. The tenant is then entitled the use and occupy the property, the case presented by the defence states the property rental agreement was made by the defendant and the plaintiff but it wasn’t it was made by the former property owner and the plaintiff. Therefore the full property owner the defendant who has not granted a lease or third party rights has the exclusive right to use possess and occupy the property, in layman’s terms he may enjoy the physical property and may then only allow persons on the property with his explicit or implicit consent.

This goes against the defendant facts both 1-3


2. Point 4-5 raised by the plaintiff this states that the plot was sold with 10 days left of the rental agreement but the property was transferred to the new owner the defendant. The above point allows for the defendant to take such action but the defendant has allowed the plaintiff to stay the remaining 10 days and then he would have to leave as stated in point 5. The point also talks about the building on the property. This was constructed on the permission of the former owner, on his land, thereof the property built is one by the land owner. The defendant purchased the property and the dwelling along with it. The plaintiff believes that the defendant owes him compensation however he wasn’t the property owner at the time of construction and therefore cannot be held accountable under law.


3. Section three of the Tenants Rights Act sates: When a player is renting from a private landlord, they are entitled to the rights listed in this section:

(1) Tenants must be given 24 hours notice from the landlord before they are evicted from a rental region, excluding a report made by a building inspector.
(2) Tenants must be given a full refund of the rent they have pre-paid if evicted.

The defendant has agree in good faith to allow the plaintiff to see out his ten days, and has given fair warning to his notice to vacate the premises after such time. Therefore the defendant will not be in breach of section two and not need to issue a refund. The eviction charge does of $500 does not stand due to their being not early eviction. And the plaintiff is not entitled to $6000 from the defendant due to him not being the legal property owner at the time of construction.



DATED: This 15th day of June 2021
 
Before I rule on this motion does the Plaintiff have any rebuttal?
 
Your Honour, I am hardly can contact to the Plaintiff due to important school works. May i request more time to have a smooth contact to the Plaintiff to come up with a smooth rebuttal? We really cannot have a proper talk with Plaintiff to discuss.
 
There is no set time limit for this, take as much time as is reasonable.
 
Does the plaintiff have any update regarding their rebuttal?
 
If there is no rebuttal within 24 hours I will rule without it.
 
Your Hnour,

I would like to inform the court of the opposing councils behaviour towards my client without contacting me, this was done behind my back and the aim to blackmail my client into stopping his legal and rightful defence.

proof of such information below:

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Objection Your Honor.
Blackmail is defined as the action, treated as a criminal offence, of demanding payment or another benefit from someone in return for not revealing compromising or damaging information about them. In nowhere have I threatened the Defendant that I would reveal compromising or damaging information if they were to not succumb to my interests, but rather i informed them that I knew of their criminal act, and insinuated that they will "lose a lot more" due to the fact that I believe if they did not pay the 6k in fees, they had the chance of losing more.

Moreover, I would like to point out that nowhere in the legal code of the server, constitution or act or otherwise, including the RBA Bylaws, is it specified that any type of blackmail or extortion is illegal. I thereby ask for the Court to dismiss the Plaintiff's motion to expel my client from their constitutional right of representation.
 
Apologies for the delay on the verdict for the motion to dismiss, I'll have the ruling in tomorrow on that matter, but as for the alleged blackmail it is a staff matter and outside court jurisdiction

Objection Your Honor.
Blackmail is defined as the action, treated as a criminal offence, of demanding payment or another benefit from someone in return for not revealing compromising or damaging information about them. In nowhere have I threatened the Defendant that I would reveal compromising or damaging information if they were to not succumb to my interests, but rather i informed them that I knew of their criminal act, and insinuated that they will "lose a lot more" due to the fact that I believe if they did not pay the 6k in fees, they had the chance of losing more.

Moreover, I would like to point out that nowhere in the legal code of the server, constitution or act or otherwise, including the RBA Bylaws, is it specified that any type of blackmail or extortion is illegal. I thereby ask for the Court to dismiss the Plaintiff's motion to expel my client from their constitutional right of representation.

This objection is overruled on the grounds of it it is not a motion to expel the legal representation of your client and the definition of blackmail on the server is:

"3.14 - Blackmail
Players cannot threaten to reveal damaging information or content if a demand is not met.
Per Offence: Warning / 1 Week Temp Ban / Perm Ban"

However as it's a server rule I will not rule solely based on that, as it's staff jurisdiction as stated above, instead I'll note the plaintiff's conduct in the verdict of this case.
 
OmerSpeedy I hereby charge you with contempt of court for putting a political ad in a lawsuit you are not summoned to, as such I order the Department of Justice to fine you $200 as punishment
 

Verdict

While this is an interesting claim brought before the courts by the plaintiff, I have decided to sustain the motion to dismiss for the following reasons:

1: The plaintiff made no attempt at rebuttal, despite him having clearly responded to the allegations of "blackmail," showing he had no defense to the motion in the first place

2: The defendant had given the plaintiff well over the required time and didn't even evict them despite the claims, they were not removed from the plot before rent expired they were merely barred from renting the plot again, as precedented in the past eviction on plots only occurs when they are removed earlier than when their rent expires, which despite the plaintiff's conflicting claims on the matter, didn't happen

Furthermore I would like to request that the Redmont BAR association look into egetogrow2's actions during this case, I would like to thank both parties for their time, this case is now dismissed.

 
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