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Letters to the Editor • Arizona's Top News

Pima County Justice/Injustice/Legally Criminal

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 You spoke of an injustice relative to a violation...well, I can assure you it exists within that court amid the civil division as well. The Pima County Justice Courts have just affirmed the ability to gain judgment against an individual without proper legal service/notice while simultaneously acknowledging the denial of legal right to appeal. Emmett v FRI Rock Ridge. Judge Dolny never even read the evidence presented after waiting a year and a half to get to "trial" and suffering incredibly due to the negligent and malicious practices of apartment complex due to their superior abilities to maintain formal legal representation was strongly preferred and/or favored in court on Dec 17 2010. After a constructive (from flood) eviction due to a defective fixture in a rental dwelling I was denied all rights under the law to both be properly served, present my case, as have continued to be incredibly harmed by the negligent and deliberate actions on behalf of the Rock Ridge Property Management Co Bernard Allison. On July 18th 2009 when I was not home a manufacturer's defect caused a huge crack to occur in the toilet in the master bathroom to flood heavily the entire unit and even an adjacent unit. I was denied my legal right to terminate the remainder of the lease under ARS 33-1366 of Landlord Tenant Act as well as other rights contained within this legal document. Moreover, after the landlord had received proper legal notice in July and the unit vacant (again due to it being made uninhabitable from the flood) the apartment manager proceeded to file for an traditional eviction and breech of contract against me however as is evidenced through legal documents elected to send the process server to the vacated unit even though I evidenced to the courts the landlord had my proper address and was actively communicating with me on other matters there. The certified letter for the judgment as well as process server was sent to again a unit that had been flooded and was vacant, moreover, was known not to be my address thus I never received notice of a trial or judgement and since I didn't find out until it was on my credit over a year later...judgement stands and all of my rights waived to the case since I legally only had 14 days to appeal a case I never even knew about. Not only is Judge Dolny legalizing criminal activity she is also making her own landlord/tenant law...under the stream of commerce theory as well as the implied warranty a landlord is responsible for defects of fixtures in their rental dwellings by legal definition. According to Ms. Dolny...this simply is not so and I as the tenant am responsible to sue a manufacturer for a defective product causing me harm not my landlord. So, I am then pushed to wonder why ppty mgmt companies carry products liability insurance.....This event changed mine and my daughters lives forever. Due to the eviction...it is impossible to retain comparable housing...due to the judgment I have not been able to retain proper employment as most employers in my profession require credit checks. Prior to this event I had a near perfect credit score, worked in a world renown neurological institute assisting in emergency neurologic and cardiac surgical procedures in a level one trauma facility. I had just paid off all of my furniture which was subsequently destroyed through no fault of my own by this defective toilet. When I expressed the impacts in court to Judge Dolny that this has had and demonstrated again the legal foundations for my claim and the intentional misrepresentation of proper service by the complex Judge Dolny went on record to say..."sometimes Ms. Emmett life just isn't fair"  Let it be known the unit that was flooded was not remediated for mold as it should have been and I was instructed by flood specialists not to return to the unit...as was evidenced through pictures...that Judge Dolny never even looked at...mold was growing in the unit. Paint was bubbling, peeling, linoleum lifting, cabinets were shriveled from water damage...none of my rights were upheld in this case. They have in fact been grosely ignored through my expressed belief of Tucson's legally criminal sect.  


Editors Reply

Yup, a good introduction to our "Justice" system.  Tens of thousands served-up daily.

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