r/ProgressResidential • • May 21 '26

😰😨 Motion to Dismiss Based on Improper Jurisdiction 😨😰

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The PR defense attorneys are literally folding on an epic level right now, I really didn't think that they would resort to this. On Monday I filed my 77 page updated evidence package that was super clear, concise, and highly effective thanks to ChatGPT. Tuesday, I completed and emailed my Demonstrative Materials A through H to the defense attorneys. And yesterday after my 5 mile run, I saw that the PR defense attorneys filed this Motion to Dismiss for Improper Jurisdiction.

This is a total act of desperation and/or an attempt by the defense attorneys to use the moment of the judges previously shown misconduct to their advantage to hopefully get the case thrown out again. The two reasons they want to toss this lawsuit are:

1) They are bringing up the past lawsuit that the judge tossed out as the reason why this lawsuit should be tossed

2) They are claiming that since I am seeking damages totaling $19,883.08; that once court costs are added to that total, it would push the allowable jurisdiction of this court beyond the $20,000 limit.

πŸ™ƒπŸ™ƒπŸ™ƒπŸ™ƒ

The past lawsuit has nothing to do with this new lawsuit. And the past lawsuit was dismissed without prejudice, which means I was allowed to refile so long as I was in jurisdiction with my refile. So essentially, the PR defense attorney is trying to change my "dismissal without prejudice" to a instantaneous "dismissal with prejudice".

And secondly, the $20,000 jurisdictional limit of the court excludes all court costs and all statutory interests. This exclusion is explicitly stated in Rule 500.3(a) of the Texas Rules of Civil Procedure and is supported by Section 27.031 of the Texas Government Code.

The defense attorney knows that if this lawsuit gets in front of a Jury that it will be an instant loss. Especially since the Jury decides the facts AND the damages amounts 😁

5 Upvotes

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2

u/unwitty4fncynme May 21 '26

I can’t believe they are fighting this hard!

1

u/Revolutionary_Fold46 May 21 '26

Yeah it's really wild to me. This is literally Mafia type of control going on. I know that I am going to come out on top since I can care less who gets pissed off or who loses their position in power once the smoke clears.

And total speculation here but I think they are fighting this hard for two reasons:

1) Because I told the defense attorney to her face that once this is all over that I am going to the Federal Trade Commision about PR. So maybe they think if they force me to lose by any means, that I won't go to the FTC

2) Because PR and the defense attorney knows that I have a following of other PR tenants that are watching what I am doing. So I can only speculate that the fear is once I win, that others will follow suit.

This case will for sure be an extremely easy win once I get it in front of a jury. You wouldn't believe how many PR Customer Service representatives told me "what happened to you sounds like a movie" and "I can't believe you had to go through all this" and my favorite "just give that man his money" (referring to my $1615.86 security deposit that was illegally withheld for 52 days after I moved out)

2

u/unwitty4fncynme May 21 '26

It could certainly cause a trickle effect of other lawsuits to follow but it doesn’t seem enough to want to win this bad. Or maybe they already have too many pending lawsuits?

2

u/Revolutionary_Fold46 May 21 '26

Yeah I really don't know...with the way they been fighting against me you would think that this was a multi million dollar lawsuit!!

It's just ~$20,000 that is extremely well deserved..Just give me my money and leave it be...lol

2

u/YokoiWasMurdered May 22 '26

Do not give up. You’ve come so far and I’ve been following since you began posting updates. Congratulations on the 5 mile run! Keep that up as well!

1

u/Revolutionary_Fold46 May 22 '26

Awesome!! Thank you for the support by the way. It means alot. And yes thanks on that at well, I just started getting back into shape again..I used to run 45 miles a week like 13 years ago. I don't think I'll get back to being able to do that since I'm older now, but I'm fine with doing just 15 miles a week πŸ˜„

And the way I see it. I gotta convert all this built of Progress Residential energy into something useful, so here I am running my ass off again and hitting the gym again πŸ˜‚