Back to the Case.................................

OK, I e-mailed the Defendant's lawyer regarding the:

disclosure the Pima County Consolidated Justice Court wants.
motion for injunction be applied immediately.
mediation prior to the pre-trial conference.

I guess I shouldn't hold my breath that the Defendant's lawyer will do this, but what-the-hay.   Maybe she is a "reasonable" person. 
Only God knows.

Timothy Sevelis
734 East Roger Road, Apt. #108
Tucson, AZ 85719
Telephone: (520) 870-1635
E-Mail: tsevelis@gmail.com

November 25, 2011
 
Ms. Judy Drickey-Prohow
The Law Offices of Scott M. Clark
3008 N. 44th Street
Phoenix, AZ 85018
 
Dear Ms. Drickey-Prohow:
 
I sent to your client the following documents as requested by the Pima County Consolidated Justice Court.
JP54 - Notice Svc Disclosure Statement.doc
JP225 - Notice Re Prompt Disclosure Information.doc
JP131 - Motion to set & certificate of readiness.doc
JP67 - Disclosure Statement.doc
 
I will be asking for the motion for injunction be applied immediately. 
 
Elements for the Cause of Action - Preliminary Injunction (Temporary Injunction):
Imminent likelihood of irreparable harm if a Temporary Injunction is not issued.
Unavailability of adequate remedy at law, i.e., an award of money damages alone will not restore the plaintiff's threatened loss.
Threatened harm to plaintiff outweighs any possible harm to defendant.
Granting of Preliminary Injunction will not contravene the public interest.
Plaintiff has a substantial likelihood of success on the merits of the underlying case.
The Cause of Action and all the Elements must be proffered in the Complaint, along with allegations that support each Element.  If not, the defendant has grounds to file a Motion to Dismiss for Failure to State a Cause of Action any time before the Answer is filed.  If the case proceeds to trial, each Element must be proven with admissible evidence, otherwise the Cause of Action fails.

1. I think losing one's housing is sufficient.  It already has "harmed" me by tossing me out on the streets before a hearing is convened. Besides, it had made it very difficult to adequately support my claim.
 
2. Can your client restore my reputation vis-a-vis LaFrontera by the providing of "false" information to a 3rd party?  No awards of money can fully do that.
 
3. I think losing one's housing is sufficient.  Defendant suffers no loss due to the high vacancy rate.  Vacancy rate of nearly 16% is the status.(1) Cash flow is unchanged.
 
Footnote 1: Kvoa TV, September 12, 2011: Tucson rental vacancy rate high despite student tenants
 
4. It will not affect the public interest at all.

5. That's why I filed the complaint.
 
I will be asking Judge Segal to implement the motion for injunction. Timothy Sevelis requests a Temporary Injunction to maintain the status quo pursuant to Federal Rules of Civil Procedure, Rule 65. Procedure in injunction action.
 
Should you be amenable to mediation prior to the pre-trial conference, so am I.
 
Respectfully,
 
Timothy Sevelis