Author Topic: CoS Georgia and Deborah Danos sued for Breach of Contract : Tenant Vacates, lol  (Read 29170 times)

Offline Mary_McConnell

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A certified copy of this lawsuit has been entered into the RLUIPA lawsuit by the Defendant: http://alley.ethercat.com/storage/RLUIPA/2011_02_14_71.0.pdf

Quote
1 Attached as Exhibit 2 is a certified copy of a Complaint filed against Plaintiff in Dekalb Superior Court. The record of the Complaint has been truncated for convenience. Specifically, included is the Dekalb County Superior Court’s Certification, the first page of the Complaint, and Exhibit 1 and 2 to the Complaint in their entirety.

and Deb Danos has been called out for being untruthful in her sworn deposition testimony:

http://alley.ethercat.com/storage/RLUIPA/2011_02_16_82.pdf
Quote
Contrary to the sworn deposition testimony of Deborah Danos, the lease for the North Shallowford Road property was for a three (3) year and seven (7) month term ending on April 15, 2011, subject to an earlier termination provided certain conditions were met. Compare Exh. 2, p. 3, 17 with Doc. 44-1, p. 34-35. The lease demonstrates that, absent termination which could not have immediately occurred due to necessary construction at the new facility, Plaintiff was obligated to pay this rent irrespective of the City’s zoning decision.

How interesting it is when two lawsuits come together.   8-^*

:) Thanks to Skydog's observation and .... , lol!
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Offline ethercat

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There are some new documents in this case below.


Previously seen, but renamed for better organization:
http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2010-11-23-GeneralCivilFilingInformationForm.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2010-11-23-RequestForAdmissionOfFactsAndGenuinenessOfDocuments.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2010-11-23-ComplaintForBreachOfCommercialLease.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2010-11-23-Summons.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-01-06-EntryOfService.pdf


New:
http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-02-04-Rule52CertificateDefendantsResponseToPlaintiffsFirstRequest.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-05-09-Rule52CertificateOfService-DefendantsFirstInterrogatoriesNoticeToProduceAndRequestForProductionOfDocuments.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-05-13-Rule52CertificateAndPlaintiffsFirstInterrogatoriesAndRequestForProductionOfDocumentsAndThings.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-05-13-PlaintiffsBriefInSupportOfPlaintiffsMotionForSummaryJudgement.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-05-13-PlaintiffsStatementOfTheoryOfRecoveryInSupportOfTheirMotionForSummaryJudgement.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-05-13-PlaintiffsStatementOfUndisputedMaterialFactsInSupportOfTheirMotionForSummaryJudgement.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-05-13-PlaintiffsMotionForSummaryJudgement.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-05-13-PlaintiffsRequestForOralArgument.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-06-02-NoticeOfHearing.pdf

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Offline SocialTransparency

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There are some new documents in this case below.


Previously seen, but renamed for better organization:
http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2010-11-23-GeneralCivilFilingInformationForm.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2010-11-23-RequestForAdmissionOfFactsAndGenuinenessOfDocuments.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2010-11-23-ComplaintForBreachOfCommercialLease.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2010-11-23-Summons.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-01-06-EntryOfService.pdf


New:
http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-02-04-Rule52CertificateDefendantsResponseToPlaintiffsFirstRequest.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-05-09-Rule52CertificateOfService-DefendantsFirstInterrogatoriesNoticeToProduceAndRequestForProductionOfDocuments.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-05-13-Rule52CertificateAndPlaintiffsFirstInterrogatoriesAndRequestForProductionOfDocumentsAndThings.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-05-13-PlaintiffsBriefInSupportOfPlaintiffsMotionForSummaryJudgement.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-05-13-PlaintiffsStatementOfTheoryOfRecoveryInSupportOfTheirMotionForSummaryJudgement.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-05-13-PlaintiffsStatementOfUndisputedMaterialFactsInSupportOfTheirMotionForSummaryJudgement.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-05-13-PlaintiffsMotionForSummaryJudgement.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-05-13-PlaintiffsRequestForOralArgument.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-06-02-NoticeOfHearing.pdf

Well, now. It appears the LoL firm of Dillard & Galloway are feasting @ the so called churches "Cash" limited item salad bar. I say, GO GO GO Woodson and his agents.

Bill them into the frackin stone age.

It was the MOLDS fault all along! We lurved the building for years, But now? Not so much  :-D^\^\

Question. Can a so called religion or non-profit file for bankruptcy protection within the state of Ga during litigation? If so Dillard & Galloway better be prepared. (:E(
« Last Edit: July 04, 2011, 09:22 by SocialTransparency »

Offline Mary_McConnell

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ethercat!!  ||||9000|||| L-O-: When it rains, it pours! Thanks!
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Offline SocialTransparency

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http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-05-13-PlaintiffsBriefInSupportOfPlaintiffsMotionForSummaryJudgement.pdf

:D

Counsel for the plaintiff in this case should seek information regarding the timing I.E date/time a lease agreement was agreed upon and signed by the C of S of GA and the owner of the property CURRENTLY being leased by the defendant in this civil case.

Counsel for the plaintiff within this civil suit should perhaps explore dates and times defendant (C of S of GA) made first inquires into the leasing of currently occupied property.

Cross referencing these dates and times may show INTENT C of S of GA was going to vacate Shallowford rd property long before alleged neglect I.E water damage etc ever occurred thus makes defendants claims of harm and impediment to operate null and void.

Offline mefree

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Offline Mary_McConnell

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Very funny, mefree :)
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Offline SocialTransparency

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Offline ethercat

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Case Information              
Case:   10CV13242 (Open)   WATERFORD PARK VS. CHURCH OF SCIENTOLOGY (TB)
Filing Date:   11/23/2010   Type: Superior General Civil
Judge:   GAIL C. FLAKE   Superior Court


Uh, oh.  Something to be aware of:  http://www.myfoxatlanta.com/dpp/news/iteam/iteam-dekalb-judge-flake-20110613-es

Quote
I-Team: DeKalb Co. Judge Gail Flake

Updated: Monday, 13 Jun 2011, 6:36 PM EDT
Published : Monday, 13 Jun 2011, 6:26 PM EDT

Dale Russell

By MYFOXATLANTA STAFF/myfoxatlanta

DEKALB COUNTY, Ga. - A political bombshell was dropped in a DeKalb County courtroom on Monday. A former district attorney testified that some 13 years ago, he helped conduct a bribery investigation of a lawyer who is now a DeKalb County judge.

The prosecutor is J. Tom Morgan, and the superior court judge is Gail Flake.  The testimony came up in a civil case in which Morgan argued that Judge Flake should have recused herself because of his investigation.

FOX 5 SENIOR I-TEAM REPORTER DALE RUSSELL HAS THE FULL STORY.  CLICK ON THE VIDEO ABOVE TO WATCH HIS REPORT.
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Offline Mary_McConnell

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I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.

Offline ethercat

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New documents:

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-06-24-Rule52CertificateNoticeOfDepositionOfANon-PartyWitness.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-06-30-Rule52Certificate2ndNoticeOfDepositionOfANon-PartyWitness.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-06-30-Rule52CertificateDefendants2ndInterrogatoriesNoticeToProduceAndRequestForProductionOfDocuments.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-06-30-Rule52CertificateDefendantsResponseToPlaintiffs1stInterrogatoriesAnd1stRequestForProductionOfDocumentsAndThings.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-07-08-DefendantsMemorandumOfLawInOppositionToPlaintiffsMotionForSummaryJudgement.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-07-08-DefendantsResponseToPlaintiffsStatementOfUndisputedMaterialFacts-ExhibitA-AffidavitOfDeborahQDanos.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-07-08-DefendantsResponseToPlaintiffsStatementOfUndisputedMaterialFacts-ExhibitB-AffidavitOfKimberlyDesormeaux.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-07-08-DefendantsResponseToPlaintiffsStatementOfUndisputedMaterialFacts-ExhibitC-AffidavitOfMerrikLevetan.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-07-08-DefendantsResponseToPlaintiffsStatementOfUndisputedMaterialFacts-ExhibitD-AffidavitOfDebbieBenk.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-07-08-DefendantsResponseToPlaintiffsStatementOfUndisputedMaterialFacts-ExhibitE-AffidavitOfSusanMultz.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-07-08-DefendantsResponseToPlaintiffsStatementOfUndisputedMaterialFacts-ExhibitF-AffidavitOfDougMacKay.pdf

http://alley.ethercat.com/storage/10CV13242-4/10CV13242-4-2011-07-08-DefendantsResponseToPlaintiffsStatementOfUndisputedMaterialFacts.pdf

Defendants seem to be arguing that no one had authorization to accept rent payments, therefore they didn't have to pay.   ::)
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Offline Mary_McConnell

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Moar to read!!
Interesting stuff. Do we have a copy of their lease? Where I come from, commercial tenant is responsible to inform landlord immediately and in writing within 48 hrs, of any problems that would effect the habitibility of the premises. Many leases make the tenants responsible for all repairs. Curious what thir lease says. Anyone can say they complained but losing $50,000 in books and materials , well, they should have seen that coming. Why were the books on the floor to begin with  ::)
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Offline ethercat

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Moar to read!!
Interesting stuff. Do we have a copy of their lease? Where I come from, commercial tenant is responsible to inform landlord immediately and in writing within 48 hrs, of any problems that would effect the habitibility of the premises. Many leases make the tenants responsible for all repairs. Curious what thir lease says. Anyone can say they complained but losing $50,000 in books and materials , well, they should have seen that coming. Why were the books on the floor to begin with  ::)

I believe there are 2 leases somewhere in the earlier documents, an original and then an amended when they acquired more space - possibly as attachments to the original complaint.  As to books on the floor - I think it's just another "play the victim" act to try to squirm out of paying rent.  Either that, or they're just plain stupid. 

This is another instance of trying to place responsibility on others for their own negligence (and blame, when the responsibility is not met).  We see this in the RLUIPA case where they try to place the blame on the city of Sandy Springs for the poor condition and lowered value of their $5.6 million building, saying it's because Sandy Springs did not allow them to inhabit the building with the additional floor they wanted, when in fact, when they own a property, it is their responsibility to maintain it whether or not they're using it.  As it is, the building is sitting there with holes in the roof, not helped any by recent wind and rain, with squirrels running in and out through an open vent pipe.

If the flooding was so bad in May, why did they not give notice in May?  Then they would have had the required 90 day notice.  I'm not buying their statement that a sufficient replacement building was so hard to find, especially when there are loads of commercial properties sitting vacant on the market, waiting to be leased.

This link posted earlier in this thread by SocialTransparency becomes relevant again: Thinking about breaking a commercial lease in Georgia?

I'm surprised they haven't tried to blame this on those distracting protesters who were out in front of the building every month.    ;)
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Offline Mary_McConnell

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Thanks. Nothing surprises me, lol

I'm looking forward to the plaintiffs' replies to all that, lol
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Offline mefree

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They were constructively evicted, that's the ticket.

They didn't realize their merchandise should be moved after repeated flooding - that's it.

Although a lease was signed and some rent paid, it is no longer valid - yeah...

The lights were replaced without their permission - that's it.  M-|V|-M
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Offline mefree

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I thought this taped interview between Lawrence Wollersheim and Jesse Prince might be of interest.
 
Quote
Tape 1, August 16, 1998

Lawrence Wollersheim and Jesse Prince L: Testing 1, 2, 3, 4, 5, 6, 7, 8, 9, 10. Today is the 16th of August, 1998. This is Lawrence Wollersheim, about 5:00 in the afternoon, sitting with Jesse Prince. We’re just going to talk about his time in Scientology and ask him different things. And this is my voice, the other voice will be Jesse’s.

J:  The voice he’s referring to is this one right here.

L:  OK. Tell me, the other day we were talking about Scientology tampering with judges.  You mentioned that you had been interviewed by the FBI once before and that they had asked you about it but you didn’t tell them what was going on.  Were you in Scientology?

J: Yes I was. I told them the truth as I understood it at that time.

L: You told them what you knew at that time, the truth as you understood it at that time.  It was concerning a tampering with a judge. What was that judge’s name?

J: Judge Mary Anna Fouser.

L: This was in a case?

J: A RICO suit brought against David Mayo, the AAC.  CSC and RTC brought the action.

L: What specifically did Scientology do to tamper with this judge, and if you can just try to describe what your knowledge is, and who was involved in doing it and if you know what they specifically did, or you don’t know what they did.  Kind of, a person, an action, as much detail
as you can have.

J: What I would like to do is just start at the beginning.  Any time a judge appears in a case in Scientology, good, bad, or indifferent, a common practice is to do an ODC, particularly if he’s a hostile judge, or is perceived to be a hostile judge.  ODC means overt data collection.  What would happen is, you’d get some guys normally from OSA Invest, and they would go and get as much public record as they could about that particular judge.

L: Could you state what OSA Invest is?

J: Office of Special Affairs Investigation Unit.  It’s kind of like a low scale FBI investigotory group that investigates enemies and critics of Scientology.

L: Great, go on.

J: They do an ODC.  If it goes further and the judge is really hostile, what they will do is go and start interviewing the associates of the judge, like trying to find out information in an innocuous way, or in a harsh way, to create intimidation.  That’s a common practice, they do it with every judge.  With Mary Anna Fouser, when we got on this case, an ODC was done on her.  They kind of looked up her records as a judge, looked up her cases, found out where she lives, everything that they possibly could.  Through lawyers and investigators, found as much personal information as they could about the judge, what she likes, what she doesn’t like, this kind of thing.  Before any case is started, you have the profile of the judge, you have a profile of a prosecutor, if it
is a prosecutor, or a profile of the opposing litigating attorneys......

......L: What they picked up in their investigation?

J: To back the judges off.

L: This is an important subtlety, because if they are gathering information about the judge’s sex life, his business life, his credit, anything that would embarrass or discredit him, then giving it to his associates.

J: Let me finish.  They would do ODC and CDC.

L: CDC is what?

J: Covert data collection.

L: Tell us about covert data collection.

J: Now ODC, you can go and get public records; CDC is going around and interviewing friends, associates, somehow getting ahold of bank records, somehow getting ahold of phone records.

L: When you say somehow, would they obtain these in a legal manner, to the best of your knowledge?

J: No. They would pay people to do it for them.

L: They would pay someone else.

J: …like a private investigator, if he said, "I can do this, I can get this."

L: I can get illegal bank records, illegal phone records.  They would knowingly pay him, he would tell the church, "I can get these illegal records," and the church would pay them.  The people that would pay them are the attorneys.

J: It would come through OSA, and the attorneys would pay the private investigators for investigation.  It was like it was all legal, it looks all perfectly fine, but it would go from OSA to the attorneys they hired to the investigators, and that’s how they get their information.

L: Would the investigators tell the attorneys that they could get these illegal bank records and phone records, or would they tell…       

J: Let me lay it out for you, OK.  This is how it would be done.  They had certain investigators, it’s like a network, Gene Ingram being the main one.  He knows and works with all of these others.  The thing would happen like this, "Hey Gene, it would be nice if we could get his bank records or his phone numbers to see who he’s calling."  Or whatever else.

more at http://www.factnet.org/Scientology/jtall.txt
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Offline Mary_McConnell

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Thanks for the  ||||9000||||. Tht should be read by every wavering member.
I am a volunteer advocate for victims of the Narconon scam. I am a former scientologist. I post anonymously. Mary McConnell is my long time nom de plume. Feel free to contact me for assistance in righting the wrongs.


Offline mefree

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The ultimate authority must always rest with the individual's own reason and critical analysis.
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Offline skydog

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As I understand Georgia landlord-tenant law, the complaints made by the church regarding flooding are not relevant to the non-payment of rent. While a landlord has the duty to repair any known defects, the tenant must first advise the landlord of the problem. No duty to repair exists until the defect is made known to the landlord. If the landlord fails to fix the problem, the tenant cannot withhold rent may repair the damages himself and recover the costs of these repairs from the landlord. See, http://www.valdosta.edu/~sostapsk/LandT.HTM

The substance of the church's defenses and counter-claim is that they were constructively evicted. Constructive eviction under Georgia law means that the leased premises cannot be used at all for the purposes designated under the lease. Mere inconvenience the tenant will not be enough. Constructive eviction can mean the tenant has been denied access to the property by the actions of the landlord in changing the locks while the lease is still in effect. Tenants in recent years have tried to use mold buildup, poisonous spiders, and building code violations as a possible constructive eviction action against the landlord to get out of a lease. In the majority of cases these defenses fail.

« Last Edit: August 23, 2011, 09:07 by skydog »