Tuesday, June 9, 2009
We went to the court house yesterday not really knowing what to expect, Lance Curtis, our Attorney had called me mid morning and said that the fact that the jury had not come back quickly concerned him that they were locked. I kept thinking back over and over to all the subtle actions and body language of the jurors that might have tipped me to which direction they might lean. The liar’s attorney had done a very good job of suppressing much of the pertinent information and evidence that we had hoped to share with the jury to shed light on their level of deceit. So we could only talk about two issues, whether we had given the landlord notice of the damage to the building from the storm of October of 07, and if they should have given us a reduced rental rate while or until the damage was repaired. So we waited, finally at 2:05 pm I received a call from Lance saying that the jury had reached a verdict. My wife and I raced to the courtroom and waited with Lance, The Liar and his Attorney for the jury to come in. When the first jurors entered the room I still could not get a read on the direction they might go. After the formalities the court room attendant read the verdict, we won, again. The jury was intelligent enough to see through the BS the land lord and his attorney were trying shove down their throats. I guess that shows, at least the human side of the court system still shows signs of hope….
Saturday, June 6, 2009
My wife and I have just sat through a trial for the last week which is a redo of a trial we won just three months ago. Our unscrupulous land lord tried to evict us thee months ago from our commercial building at 5400 Date Ave, Sacramento, CA. This all stems from a law suit we filed in superior court in Sacramento against West Sac LLC, which is owned by Bob Bisno of Bisno Development, and run by his minion John DeClercq. We leased the old Brueners Building in Sacramento in May of 2007 with hopes of developing it into approx. six retail spaces called the Man Mall. We jumped out of the gate quickly and landed Sacramento Exercise Equipment, and Cycle Gear as tenants, along with our company Badger Johns Huntin' Stuff. We immediately began to have trouble with just about every aspect of the project, well I should say every aspect that had to do with the worlds biggest liar, John Declercq. Five things were to be completed prior to the commencement of rent, the Building was to be painted, the air conditioning was supposed to work, the fascia board around the roof that was rotten and falling off was supposed to be replaced, the plumbing was supposed to work and the electrical was supposed to be up to code. But somehow the fact that that's what the lease said, clearly, was twisted around by Bisno's lawyers and Mr Declercq. When we tried to tell them that we were not going to pay rent until those things were done they began to threaten and intimidate like no others. In October of 2007 we had a rain storm and approximately 60,000 square feet of our building flooded, that's almost 50% of the overall square footage of 124,000 square feet, Mr Declercq basically said that's too bad, the building has an old roof, you should have known it would leak. They made an insurance claim but never fixed the majority of the damage. We asked that our rent be reduced until the repairs were completed and the roof was fixed, but all they did was sue us and try to throw us out before our lawsuit that I mentioned previously could get to trial. We have over half of our building that is unable to be devloped because of unrepaired damage and a roof that leaks like swiss cheese. So three months ago they took us to court, we requested a jury hear the case knowing that if reasonable people heard our plight they would surely go our way, and guess what they did. But 7 days after the jury found the verdict in our favor they filed another law suit for the same thing and petitioned the judge from the first trial to throw out the first verdict on the grounds that the jury instructions were confusing, guess who wrote the instructions, DeClercq and his attorney... So here we are waiting for the jury to return a verdict on a trial that was already decided three months ago, and we wonder why our country is so fouled up......