Judge Simmons Tears Sovereign IDIOT Trying to Live Rent Free a NEW One THEN Kicks Him OUT of Court!

OldSquishyGardener's Court Watch4,569 words

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You show me where you paid the rent or that you have a lawful reason, not some cockamy story you didn't came up with. Your answer looked like you cut and pasted something from a probate court proceeding. Zachary Latney or Zach Latney. Why are you on Zoom? >> Present. >> Why are you Why are you present via Zoom? You're supposed to be here in person. um because I had certain matters that I was taking care of this morning which unfortunately I just wasn't able to get completed. Um and I didn't know I was required to be in there in person. I would have been there in person. >> You definitely knew because I say in person like a broken record when I give a hearing date. I do not hold hearings via Zoom. You must appear in person. The paperwork you received said you must appear in person. Okay. So, why was the plaintiff not required to appear in person? But I actually appear in person. >> The plaintiff is right here. The plaintiff is in my courtroom. >> No, I was referring to the first date. The first hearing date >> that that date was not a hearing. That date was a pre-trial. Everyone could appear via Zoom for the pre-trial. I said for the hearing you must appear in person. Today is a hearing date. You're not here. >> What is the court's What does the court How does the court plan to resolve that then? cuz I'm >> I know it's how you're going to resolve it because if you don't appear I have to give them a default judgment. >> So So who are you talking to that's appearing now then? Who's the >> That is the attorney. This is the attorney for the plaintiff. Where are you, sir? >> You don't see me now? >> How long is it going to take you to get here? Yeah. How long is it going to take you to get here? >> Give me 10 minutes. I'll be there. >> Thank you. >> Yep. I'll be there in 10 minutes. Don't worry. Uh, this is E3 Investments LLC versus Zachariah Lati 23, I'm sorry, 26-01434. Appearance, please. >> Attorney Katherine Gable, P81555. On behalf of the plaintiff, >> your name, sir? >> I believe Zach Latin. >> It says Zachariah. >> Zach. >> Okay. Your name's not Zachariah. >> As it appears on the lease, is Zach? >> No, I don't I'm asking if this if what was filed is correct. >> Is that correct? >> Okay. Thank you. Um and you don't have an attorney representing you. Correct. >> Okay. You have not been able to come to resolution. This is from non payment of rent. >> No, your honor, we have not. I I tried to speak with Mr. Whitney earlier, but we have no resolution. >> Mr. Latney, you believe that you have a lawful reason to withhold the rent? >> Yes, your honor. The equable defense decided in the answer should be on file with court your honor which can be elaborated upon today. >> Okay, you can have a seat. You can call your witness. >> Thanks your honor. Uh princess call Eric Romano to the stand. >> Oh, if you can get your their exhibits out of your way. >> Yep. Thank you. You can raise your right hand, sir. Uh do you saw me swear or from testimony you're going to give us the truth and the whole truth under penalty of perjury? I do. >> Thank you. >> State your first and last name within spell. >> Eric Romano. E R I C R O N A N O. You can proceed. >> Thank you, your honor. Mr. Romano, are you the owner of E3 Investments? >> I am. >> All right. And Mr. Romano, does E3 Investments own the property located at 1130 West Mount Hope in Lansing, Michigan? >> Yes. >> Okay. And what is your role at E3 Investments, Mr. Roman? >> Owner, president. >> It's me. >> And on September 22nd, 2023, did you enter into a month on behalf of E3 invest in Investments enter into a monthly rental agreement with Mr. Latin. >> Yes. >> Okay. May I approach? >> Yes. >> Mr. Romano, um I have placed in front of you what is entitled monthly rental agreement. Is that correct? >> Yes. >> Okay. And is that the lease that you executed with Mr. Latin? >> Yes, it is. >> Okay. And can you please tell me when the lease began and when it ended? September 22nd, 2023. And it's a month-to-month lease. >> And when does the term of the lease begin each month, Mr. Romano? >> On the 25th. >> And does the term of the And when does the term of the lease end each month, Mr. Romano? >> On the 24th of the next month. >> Thank you. How much rent is due per term? >> $1,100. >> Okay. And does the lease call for late fees if rent's not paid within seven days? >> Yes, it does. >> What is the late fee amount? >> $50. >> Okay. Mr. Romano, has Mr. Latin paid rent for the term April August 25 through September 24th? >> No. >> Has Mr. Latin paid rent >> August 25 through September? >> August 25th through September 24th. Sorry, it's a 30. >> Okay. >> Yeah. Okay. The answer is no. I think I think I knew what you were saying, but was he thinking year or something? >> Yeah, it is. Got it. I'll clarify. >> He's thinking you're talking about 23. You're talking about the term. I know what you were saying, though. >> I apologize. Uh, so Mr. Wy did not pay rent from August 25th, 2025 through September 24, 2025. Correct. >> Correct. >> And has he paid rent for the term beginning September 25th, 2025 through October 24th, 2025? >> No. No, he has not. >> Okay. And has he paid rent for the term beginning October 25th, 2025 through November 24th, 2025? >> No, he has not. >> Has he paid rent for the term beginning o November 25th, 2025 through December 24, 2025? >> No. Yes, sir. >> Has he paid rent for the term beginning December 25, 2025 through January 24, 2026? >> No. Yes, sir. Has he paid rent for the term beginning January 25, 2026 through February 24, 2026? >> No, he has no. >> And has he paid rent for the term beginning February 25, 2026 through March 24, 2026? >> No, he has no. >> Okay. And has he paid rent for the term beginning March 25, 2026 and ending April 24, 2026? >> No, he has not. >> Okay. >> Mr. Mr. Romano, have you kept the premises in good habitable condition? >> Yes. >> In good repair? >> Yes. >> May approach. >> Mr. Romano, what I placed in front of you is entitled payment record um E3 Investments V. Zechariah Laney. You recognize this document? >> Yes. >> And Mr. Romano, can you explain to the to the court what this document is? >> It's a ledger, a payment record showing rents due and late fees approved. >> Mr. Romano, what is the balance for rents and late fees due today? >> $9,200. And is that payment record a true and accurate reflection of what is due and owing under the lease with Mr. Latney? >> Yes. >> Objection. >> What's the objection to? >> Um just not receiving this and that amount is not encompassing the original complaint. >> You said not receiving the ledger. >> Yeah, I'm just not receiving this. Is this being submitted? >> I don't know. She >> I I'm going to move to admit as exhibit two. >> Okay. >> Okay. the amounts asked upon are inconsequent because they don't encompass that which is encompassing the original complaint. >> You were saying that it's larger than the complaint? Yes, ma'am. >> Did you do understand that as the as the time progresses the amount increases? Correct. >> So you're saying that >> Yeah. Like for example, if I understand if I continue this until next month, May 1st, the amount's going to grow. >> Precisely. Okay. So the question then becomes to what extent do those amounts so essentially that was originally complained >> objection to the exhibit >> the exhibit is that he never received it. >> Yeah never received it >> and that he says that it amounts are >> that is a clear objection >> the the um mount >> I'm going to respond and say that's not an objection. It's an exhibit that's going to be admitted and if he wants to ask questions about it he can do that when it's >> okay. It's a copy of a ledger that you keep in the regular course of your business. >> Yes. >> Okay. Um objections overruled. It's admitted >> and I I'm sorry. I guess I need to retract. I would move to admit the lease as exhibit one. >> Then it's admitted. >> Thank you. >> All right. Mr. Romano, uh again, I'm sorry. Just for clarification, how much is owed for rent and late fees as of uh today? >> $9,200. >> Okay. And Mr. Romano, does the that ledger include any court costs >> in the B in that $9,200? >> No. >> Okay. Um, and as to court cost, uh, Mr. Romano, is it correct that you would be seeking those costs in the judgment today? >> Yes. >> Okay. And no further questions, >> you have any questions for the proceed. Can I get my question together? >> No, I just told you you can see like this is all right. Um, okay. What date did uh Okay, this is going to be my question. What date did you allegedly engage in the leaf lease with the plaintiff, Mr. Romano? He is the point with the defendant Mr. Armano. >> Excuse me. >> Jack has asked answered but go ahead. He's he has answered that already. >> The 22nd of September 2023. >> Okay. This these proceedings on what date did your attorney file um the complaint initiating these proceedings? >> That I don't know. I should I can refer that question to my attorney. >> So I can take judicial notice of when it was filed. I have it >> in court. >> It was filed with the court it looks like on February 20th, 2026. >> Okay. All right. February 20th, 2026. >> Correct. >> Okay. >> Actually, February 23rd is the stamp on the side which it was dated by the attorney February 20th. >> This action was filed. >> That's when the complaint was filed. >> Thank you, um, I do have more questions on point and with your Okay. Okay. I wonder for the record, is your phone number Mr. Romano? >> You have to put it on the record. His phone number. You can ask the last four digits if you want to confirm. >> Thank you. I appreciate it. Does the last four digits of your phone number end? >> Yes. >> And did you text the defendant regularly for means of communication by way of payment to be received from you from the tenant? >> Yes. >> So, you and the tenant regularly texted with that phone number ending at 998? >> Yes. >> Okay. Prior to initiating the suit, did the tenant text you respecting amounts owed and that were paid to you? >> I'm sorry. Can you repeat your question? >> Prior to your attorney initiating this suit, prior to council initiating this suit, did you and the defendant communicate regularly by way of those that that phone number ending at 9908? >> Yes. >> Thank you. Okay, no last question. A few more questions. >> Thank you. >> Thank you. Do you recall communication taking place between you and the defendant on or about March 4th of this year, 2026? >> No, I don't >> don't recall. >> I don't recall. >> Okay. So, you don't recall a text message taking place between you and the defendant wherein the defendant gave you formal notice by way of text message? >> Objection has been answered. He said he doesn't recall the messages. >> No problem. >> Quick question for you. Um, are you aware of any text messages that took place between you and the defendant on March 14th, 2026 of this year? Is it your response to this question that it >> said? No. >> No. No. No. Okay. Follow up, please. >> Yeah. >> Okay. >> You're not aware of any communication that took place. Since you're not aware, this is my question. Since you're not aware of any communication which took place on March 15, 2026 between you and the defendant, there would be no cell phone records wherein confirming you received the same information. Are there cell phone records? Cuz he's saying he does. He's not aware. He's not saying it didn't happen. He's just saying he's not aware. >> He's not aware. Okay. My question is that because he's saying he's not aware. Then there would not be any cell phone records affirming that he's actually read the messages which he claims he's not aware of. >> Are you saying you're are you saying that no conversation took place or you just don't remember? >> I'm saying I don't remember. >> Yeah. So he's not he's not disputing that there was text messages. He just doesn't remember. Are you aware that on March March 15th, 2026, you were expressly appointed as trustee privately by the defendant? >> I'm not aware. >> Okay. You're not aware of that? It's fine. Um, just give me a second. See if I can get anything more relevant for the witness. I'm letting go. Okay. Oh, yes. This is actually very important. Um, prior to you and the defendant engaging in a lease, did you require any criminal or background check for the defendant to engage in? And was there any documentation that you took to that effect? >> Compound and form. >> Compound meaning you ask two questions in one. So, can you break it up? >> Sure. No problem. Um, so I can like >> you can rephrase it, but only ask one question at a time. >> No problem. Prior to engaging in the lease, which is subject to this underlying suit, did you and the defendant engage in a creditor or background check? >> I don't remember. >> Is it your testimony today that you never required a social security number to be provided by the tenant? >> I don't remember. That was two and a half years ago. >> Okay. So, what text messages? >> I'm going to object as to >> He doesn't remember. So, you're going to have an opportunity to give testimony. If you want to share any of that, you can do that. No problem. You don't got to get him to get it out of >> No, I'm just >> He does. He said he doesn't remember. So, he's not got lay foundation, though. >> No. No, you don't. He's You if you want to tell me all that during your testimony, you will allow >> I don't know if he doesn't remember unless I ask your honor. >> I get it. But him remember it or not, it really has nothing to do with whatever point you're trying to make with that. >> Well, if he said he remembered, it would actually affirm the point I'm making is what I'm getting at. >> Okay. Okay. Well, he said he doesn't remember and you're trying to re ask him in another way. He's not going to change his question. >> No problem. No problem. Okay. >> Or his answer. >> Um, >> you can redirect if necessary. >> Redirect is not necessary. Thank you. >> Any other witnesses? >> No, your honor. >> Thank you. You want to give testimony, sir? >> Yes, sir. >> Raise your right hand. >> You solemnly swear or affirm the testimony. You're going to give us the truth and the whole truth under the penalty of perjury. >> Yes, I do, your honor. >> Thank you. Tell me why you believe you don't lawfully owe rent since September of 2025. I'm sorry, August 25 or is it >> Well, I guess it's 20 September 25th of 2025. >> You haven't the the testimony was you have not paid rent since September 25th of 2025. That's right. >> So, tell me why you lawfully can withhold rent and why you believe that. Well, first and foremost, uh, I would direct the court's attention to the answer which is on file. >> You have to tell me your reason. I'm I've read your answer, but that's not evidence. >> Okay, no problem. I'll give you Okay, so on, uh, March 15th, let me give you the whole layout since I'm on the record and I can get it all out, right? Let me get it all out and I'm going to testify. I'm giving my testimony right now. So, prior to engaging in this lease with Mr. Romano he required and I have text messages to that effect which he's received he's read but it's okay um I have text messages to that effect between me and him wherein prior to engaging in this lease he specifically required a social security number and in requiring said social security number it was for the purchase of a credit or background check said social security number was reflective of the principal obliger on the lease. This is antecedent to the lease that is signed and in the record and encompassed in her complaint. Okay. Said social security number that was taken from him is not reflective of myself. It's not reflective of myself with respect to being obligated regarding this. This is just a primary claim that I'm making. I have a secondary claim which is an equitable defense which is layered onto this. Just bear with me. I'm not in Thank you. I appreciate it. He was noticed of shity ship and segregation rights with respect to the social security number taken and reflected of the principal obliger on the lease. He was noticed of a legal distinction being made with respect to the pledgeful obliger and myself as a matter of fact by way of documentation provided to him and these text messages. Now >> are you saying that was the nature of the text messages you sent in March? >> Yes, I am. That's precisely what I'm saying. Okay. Actually these text messages go back to February. Secondarily with respect to the shy ship and subregation claims to which I stand as subreg to the principal obliger underneath the lease who is to whom I stand as subreg with respect to the principal obliger on the lease him being a creditor or the subreor he was noticed that my shy ship and subregation rights were transferred to him and trust for my sole benefit. What I am saying is prior to even showing up to that first hearing two weeks ago, he was noticed of and read text messages wherein he was expressly appointed as a trustee and owes me fiduciary duties as sole beneficiary prior to initiating this suit. That is my purely equitable defense that I'm asserting here today. As a result thereof and as a result of those allegations of fact which bear on this immediate case, Mr. Romano and E3 Investments LLC by way of a trust indenture which I can show this court and my phone number stands with respect to me as my trustee and he owes me a duty of undivided loyalty as my trustee as is my allegation of fact today and I am the sole beneficiary with respect to that trust that I can provide the court. He owes me fiduciary duties and a duty to account with respect to that which he was entrusted with specifically and prior to engaging in these proceedings. And he was noticed of that. Not only that, but that sole beneficiary equity regards me as a true owner. And my sole defense right here and now is that he stands in relation to me as a trustee and a fiduciary owing me duty sacred in equity to which I can't freely enforce in probate court. And as this court has been made aware of, this court doesn't have jurisdiction over those exclusively equitable claims of beneficiary of of trust relations. But that is my equitable defense that I'm asserting here today. That he was granted a fund in trust. That he possesses said fund and that as fiduciary he owes me an a duty to account as sole beneficiary. And that said accounting that he owes me directly conflicts with the legal relations that he has as landlord and this underlying suit. And I am now asserting there is a conflict and bearance between the rules of equity and the rules of law with respect to the same matter. And that owing me an exclusively equitable duty of of trusteeship. >> That said he owes you a duty of trusteeship. >> Yes, he does. >> Okay. Any other argument for why you don't owe you think you can live in his property for free? >> He's been granted the funds to which he must account. These are equitable. >> You granted him some funds. >> Yes, I granted him the >> way I show you right here. Got you right here, your honor. Got you right here. >> Show his attorney where the funds were sent to her client. Are are you is the court saying as a matter of fact that that he's not >> show me where you're going to show me evidence where you sent him the funds? >> Yes. >> Show him to the attorney first where he was sent his funds. >> Got you right here. >> Got you right here. Give me one second. I'm just pulling up the pulling up the text. You going to see it says red right next to it, too. For clarity, your honor, if I may, this is uh rent payments for the correct monies we're claiming to know. >> Those are the only funds I'm looking >> previous that I did not have that that equitable defense asserted is not. >> Well, let me be very clear here. I read your answer and I gave you ample opportunity to make a record here. Um, I don't really know if there is a underlying issue that requires a competency evaluation or if you Google something that made you think that these things were lawful reasons to live in someone's property and withhold rent. You speak over me, you will be remanded for contempt in court. I don't know what's going on, but nothing none of the things that you say or have said in this courtroom as it relates to a lawful reason to uphold someone's rent makes any sense for you to sit here and vehematly assert that the landlord after telling you that you are filing a notice to quit and vacate his property for failing to pay rent now owes you some uh duty other than to collect the rent from you. Sounds that crazy. That crazy. You don't live in someone's house for free. YOU SHOW ME WHERE YOU paid the rent or that you have a lawful reason, not some cockamy story you didn't came up with. Your answer LOOKED LIKE YOU CUT AND pasted something from a probate court proceeding from probably a sovereign citizen. Crossed out what you didn't think applied and signed your name to it. WE DON'T RUN CIRCUSES in here. This is a courtroom of law. Do you understand me? >> May I respond? >> If you have proof where you paid rent, show it to her. Otherwise, judgment for the plaintiff. >> Your honor, may I respond? >> Do you have proof? >> I'M TRYING. >> DO YOU HAVE PROOF? >> YOU asked me to DO TWO THINGS. >> WELL, I ASK YOU ONE THING. >> ASK YOU ONE THING. Do you have proof? >> Yes, I do. >> Show her the proof. >> Got you right here. >> I was in the middle of getting that earlier, but >> No. Listen here. Listen here. Show her the proof because she wanted to clarify what you were about to show her. I don't want to see no text messages of no I notified him of some some trust. That that don't that don't work here. there. There ain't We're not dealing with trust. We're not DEALING WITH PROBATE. WE'RE DEALING with possession of property. You signed a lease. >> I'm at law. I know I'm at law. >> You signed a lease. You agreed to pay the money. I don't care if he did a background check or if he didn't. I don't care if you gave him your social security number or if you gave him your telephone number. You agreed to pay this rent. You've been holding over his property since August of 2025. And I want to see proof that you either have a have a lawful reason to withhold it or proof that you turned it over and he's just mistaken. >> Okay. My man Dam is gonna go in tomorrow, too. Don't worry. >> You can find a Matt Damus or anything else you want to find. I really do not. I I promise you I don't care. >> That's okay. >> So, it's a it's a quite lengthy text. That's why I'm trying to find it, but I'm >> Is this evidence of you of you sending his pastor rent? >> Yes, he's in possession. He's in possession of >> You can show the attorney for her review. >> Yes, 100%. And I'm standing on my equable regardless. >> What are you reading right there? It says declaration of trust and appointment of trustee. There's no >> judgment in favor of the plaintiff. You can be excused. Bye bye. >> My man is going in too. >> File whatever you want. >> Do you have paperwork? >> I do. Your is it the possession 427? >> Uh the date is the 27th. That is correct. Junior, you need to prorate rent on the record or amount to due for the money judgement. >> Okay. Uh for possession, your honor, he owes $88 $8,800 in rent plus $400 in late fees plus cost in the amount of $174.80 for a total of $9,374.87. And for the money judgement, your honor, which has been prorated through today at $36.67 a day, um rent plus late fees is $8,870.7 with cost of $17487. Sorry, it's $17487 for a total of $9,44.94 for the money judgement. >> Thank you. >> You're welcome. >> Any additional matters for the record? No, your honor. >> I think I've heard the recess of five minutes.

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Judge Simmons Tears Sovereign IDIOT Trying to Live Rent F...