I was told by the unlawful detainer judge that I was assigned to Taylor's department "at random" due to the excessive evidence and witnesses I had to testify as to the property contamination - a breach of the warranty of habitability. I knew I was in trouble when Taylor illegally deprived me of a court reporter, made a motion on behalf of the opposition, and then granted it, and then admitted the prejudicial vexatious litigant orders into trial evidence.
Upon my attempt to question the first witness, the man who said he served me eviction papers when he did not, Taylor sneers " You are entering what is called 'the pit,' if you take one more step, I will have the bailiff taze you!" When I asked where I was supposed to walk, he said he did not believe I did not know, and banged his hand on the vexatious litigant order folder yelling "I believe Judge Prager!" even though he never read the orders. He continued the abuse by yelling "I'm not going to help YOU!" and when I began to cry about contaminated family photos, he shouted that I was a liar because I looked away from his eyes when I began to cry.
When a party changes its position at trial, is a violation of the Doctrine of Judicial Estoppel, which is in place to assure the "integrity of the court." Taylor barked that since the landlady (daft as a cow) suddenly agreed that the property was indeed contaminated, none of my evidence could be entered (sound familiar?) He ruled my witnesses were "rehearsed" and barred their testimony from trial, yet allowed the opposition's attorney to bill for "witness preparation" which differs from rehearsing witnesses how?
Wholly illegal and illogical ruling: "Malicious holdover" allowed them to keep my security deposit. It is illegal to evict a tenant when a dwelling breaches the warranty of habitability; the tenant has the right to holdover until the warranty of habitability is restored, in this case, the abatement of hazards from the dwelling and my things, prior to moving out. I was kicked out with contaminated belongings, forced to traverse a contaminated apartment to move out. Ruling that the landlady will occupy the unit she just declared was contaminated is absurd and illegal. Judge Taylor called me a 'liar" in his closing remarks, even though the landlady agreed with me, that the place was contaminated, so why wasn't she also a "liar"?. Calling a party a "liar" proves a judge's inextricable bias, thus disqualifying himself from adjudicating anything with me as party and triggers a retrial. Later, the word "liar" was removed from the court transcript, so he could continue to work against me.....for the next ten years. P.S. the landlady never moved into the unit - just rented it to unsuspecting parties who were no doubt exposed to the lead and asbestos that were never abated. When I appealed, I asked for a copy of the original complaint and proof of service to be included as part of the record on appeal. The declaration in the complaint about serving the papers didn't match the declaration of service on the proof, busting the case. The court of appeal would not include these papers, saying I was requesting them for the "purposes of harassment and delay" knowing I could not successfully appeal without the complaint and proof. I was obstructed yet again.
Files coming soon.
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