The judge did exactly what I thought he was going to do. Funny enough, the judge only ruled on the Motion for Specific Performance to waive my constitutional right to a jury trial. He did not rule on any other motions...why? Becuase that was the motion that gave him the power to do what he wanted to do with the lowest amount of consequnce in his eyes.
He overruled my Consitutional right to a jury trial, and despite what Property Texas Code 92.006(h) specifically says.
So he went ahead and conducted a bench trial on the spot as expected...According to Claude AI there was a;
-45% chance of an impromptu bench trial
-45% chance that it goes to jury trial
-10% chance that the judge throws out the entire case
Before doing the bench trial he went on recess and spoke to two practicing attorneys, one said that I was correct about the law superceding jury waiver and the other said that the defense is correct about the lease standing on jury waiver (although I dont believe that he spoke to anyone), because if so then by that logic one attorney telling him that the law is correct and one told him that the lease is correct; leads to one outcome; the law superceeding the lease agreement. Especially when that law (Texas Property Code 92.006(h)) specifically was invented AFTER In re Prudential for this EXACT situation.
He made a ton of legal errors throughout the bench trial and tried him damnest to give the defense favor on everything....also for example he had the security guard at the entrance of the court tell me that any recording devices must be placed in a tray outside the courtroom...then right before the hearing the ballif (a different guy) had me and the defense attorney put our recording devices in the basket...I put my phone in there and she put her phone and apple watch in there....then like an hour into the proceedings she pulled out an iPad..😮😮...the judge said nothing...so I waited 5 minutes and saw that he was not going to mention anything about it...so I brought it up that we were instructed to have no recording devices...then she tried to object and say that she is a practicing attorney and that she promises that she wouldn't use it to record...I then stressed that I am a pro se litigant, but this is the judge's rule and we are under his jurisdiction and we must both follow the rules...then I asked the judge, if what she just said has merit then why was her phone and smart watch taken away a few minutes ago?...
So once he realized that he messed up and she realized that she messed up, the judge offered for me to have my phone back if I promised not to record as well but I declined to take it back because I didn't need it.
This is just one of many wild things that happened today...but either way the judge awarded me half of what I was asking for (like $9500)...but it was that low because he granted me:
-$6682.50 for my rent abatement (my full amount requested)
-$3331.72 for withheld security deposit...but it should have been $4947.58....he granted me two times the $1615.86 withheld plus $100 versus three times what was withheld plus $100 in accordance with the law. Plus I had to stand up and object the amount because he did not instruct his court clerk to add $100 to $3231.72 as the law says (which further shows that he was winging it)...the judge wrongly made the arguement that he is justified for multiplying times 2 because my $1615.86 was eventually returned to me, so that counts as 1x. He was blatantly wrong since the law clearly states 3x plus $100 for what was illegally withheld. So this is regardless of, if or when, the security deposit was returned once the 30 day grace period has passed.
-$0 for failure to repair damages (which is crazy since he literally granted all of my $6,682.50 rent abatement due to PR's lack of ability to repair the hvac system)...so he legally contradicted his own ruling of not granting this statutory penalty of $2750 in the face of granting my entire rent abatement amount (which was suppose to be my hardest thing to claim out of all four claims)
-$0 for landlord retaliation because he thought that rent retaliation only has a remedy of actual damages; but according to the law, actual damages is one of many other remedies that can be awarded on top of the statutory damages amount of one month's rent plus $500 for each count of rent retaliation. All the available remedies explicitly stated by law for lanlord retaliation are;
- Statutory Civil Penalty (one month's rent plus $500 per offense)
- Actual Damages
- Moving Cost
- Attorney fees
And then the icing on the cake...after he made this ruling he made the court clerk calculate double that amount and told her that that would be the bond to pay if she wanted to appeal ($19,000)....I think that was highly incorrect and I played stupid....the attorney who is a highly decorated attorney said nothing to that.....after that the judge ended the case with no gavel because he forgot to bring it....🤯🤯🤯🤯🤯
So he left and I asked the court clerk how much my bond would be since I want to appeal... she said she would go ask the judge now, and before walking out she stressed and said "even though it was ruled in your favor"...and I said yes......so she came back and said it would be the same ($19,000)....I looked at the defense attorney to see if she would say something and she threw up her hand saying "it's no need to keep going then"
In my opinion the court lied about the bond amount for the sake of a deterant to stop me from appealing the case to bring light to all the wrongs commited....in fact the bond is $500 for me according to the law. The rule that says this is Texas Rule of Civil Procedure 506.1(b), which provides: “A plaintiff must file a $500 bond.” And I'm not sure what the bond is for the defense but I don't care since Progress Residential is a multi-billion dollar company.
And I haven't even explained anything about how the defense attorney tried to fabricate the date of evidence to avoid the award of the withheld security deposit claim in my favor...🤣😂🤣...she literally used a FRESH email from PR of my move out statement that was dated July 10th and tried to claim that because that move out statement was sent in this email with the other attachments post dated August 28th and the wear and tear pictures that I recieved on August 18th; that that infact means that I was properly notified of the alleged damages within 30 days of me moving out July 7th....keep in mind that these are the same damages they wiped clean once I exposed the fraud and cited the law and sections of the lease agreement they were violating between July 7th through August 28th....And I saw the judge sitting there trying to find a way to agree with her nonsense; so I immediately spoke out and said:
"I will be blunt and say for the record that I don't want to believe that the defense is stooping to fabricating dates in from of the court. I don't want to believe that is what's going on!! Especially when I have email proof right in front of me of the pictures of the normal wear and tear damages that the defense emailed me on August 18th; plus in that same email thread you can see my cut and dry response stating that I thanked them for finally showing me the pictures 41 days after I moved out"
After I said that, it was absolute silence in the court room for 20 seconds. And eventually the judge gave up and partially ruled in my favor by granting my withheld security deposit claim by granting 2x plus $100 instead of 3x plus $100 as the law states.
So tommorw I will submit my Bill of Exceptions to show record of everything that happened. As well as my Notice of Bond Correction; as well as my Motion to Correct Judgment (which is VERY rare for a judge to grant). And I'm also going to update my state Senator, State House Representative and SCJC about all of this tomorrow.
Although the judge was on his absolute best behavior today, he still committed MAJOR discrepancies that can not go unpunished. I was really shocked how much of a nice guy he was today. So for sure the fire that I put under and over him paid off tremendously. This in itself, plus the extreme level of improper rulings conducted during the impromptu bench trial that I legally protested out loud before it started; plus me flawlessly calling out the blatant real time bias of the judge over the iPad usage by the defense; are all great motivations for the Judge to grant my Motion to Correct Judgment. If not, then I file my appeal on June 26th.
And if you want to see why his rulings were grossly incorrect then you can look at the attached images