[Applause] [Music] Have you any idea how successful censorship is on TV? Don't don't know the answer. Successful, isn't it? And welcome to facts or frauds. And we're back with Judge Washington and A Nice Battle Part Two. The court will call the matter of the ranches of Rosebrook versus a nice or a nice battle case number 25 C 1245. Good afternoon, your honor. David Fanta on behalf of the plaintiff. Madd, could you please state your name? I'm sorry. Could you repeat that? My name is Denise Battle. Thank you so much, Miss Battle. All right. Today's the day and time schedule for a hearing in this matter. Um, this is an action to terminate the Tennessee pay non-payment of rent. Yes, your honor. I object to these proceedings moving forward because like I said, um, I do have a verified petition in emergency motion for injunction in the US District Court, which is against number 25- CV-11233. Thank you, M. And um like I said, um this court has not put on the record of their jurisdiction. There's nothing on the record and it stands every notice that I've sent is unreuted, which stands at law. And um jurisdiction is a threshold issue that we shouldn't even made it this far without discussing proper jurisdiction. All right. Anything else, Miss Battle as of right now? No. But I object to these proceedings in jurisdiction. Subject matter personal. All right. Your your objection is noted for the record, Miss Battle. I've already ruled on jurisdiction when we were here last time. We will be proceeding today. The court does have jurisdiction. Mr. Fant. Um, and Miss Battle, do either of you The court cannot I object. The court cannot declare it own. Keep interrupting me, ma'am. You're going to get held in contempt of court and the court does have contempt powers while you're in jail. I interrupted you. Okay, that's all. Your I want to point out also that uh Judge Vandenberg actually addressed this issue last Wednesday and said that the 14B district court and your honor does have jurisdiction over this matter. So not that it needed to be. May I add your honor? Yeah. He also said that she was not aware of the B going on. So she just went on for anything based upon what he just said to any laws nor facts just as you don't of why you have jurisdiction and it's no order that has it back yet to be clear. All right. Thank you again Miss Battle. This court has jurisdiction and we will be proceeding today. Um Mr. Fant if you well actually the both of you have an opportunity at this time to do any opening argument that you want to make. So Mr. Fant I will start with you. Do you have an opening statement? Um I I'll wave my opening statement your honor and just get right to the evidence. All right. Um with respect to service, can you please put on the proofs regarding the service in case there is an appeal? Say that again, your honor. Can you please put on proofs regarding service in the event that there is an appeal? Um, you mean service of this lawsuit? Yes. On Miss Battle. Um, I believe that she was served by court officer uh with Jimmy Moore's office. Uh, your honor, I think there's a proof of service in the file. Um and u uh I don't know whether it was attached or um whether it was personally served but the court has has the proof of service. Um with respect to proof of service, the file indicates that Miss Battle was served with two different ways pursuant to MCR 4.201D, which is she was served uh actually three different ways. She was served with an original mailing from the court and then a second mailing went out um from the court. Second mailing was requested by the plaintiff and was sent by this court on March 28th. There was a mailing and then there was service by Edward Cop who is a court officer. that service was effectuated through um securing an attachment to the main entrance of the tenants dwelling unit. And that was done on April 4th, 2025. Um, and after attempts had been made on Mar on April 2nd at 12:40 and then April 3rd at 9:53, they finally did an attachment on April 4 at 4:30 p.m. In addition to that, Miss Battle um showed up to the court on April 9th, 2025 before the magistrate, therefore acknowledging that she had received service in this matter and that uh service had been perfected. Right. Um with uh respect to jurisdiction, we addressed that at the last court hearing. This is in Russell on Russell Court, which is within the jurisdiction of Ipsellante Township. I think that your honor when she comes back, can we require her to She appeared the last two times in with a video. Um, can we require her to have video today? Miss Battle, are you back? Yeah, we were disconnected. Yes, Miss Battle, you're back. All right. Um, what request were you making, Mr. Fantier? Um, I I know the last two times that Miss Battle has appeared, she appeared um with a video, and this time she's on just on her phone. Uh, can we require her to be here by video today also? I would have had to give. Well, the thing is is like I tried to tell you all I tried to tell you all last time that the the time was bad. This is when I pick up my kids. We can do it like earlier or something of that nature. Yeah, that's fine. Then then I'm okay just proceeding as long as we as long as the court is comfortable that we can swear her in when she comes to when she goes to testify. Thank you. I am comfortable. Um I can tell you that if if I was going to require that she be here um via video, I would need to give her notice of that prior to today's date. So um I'm comfortable proceeding as we are. All right. And Miss B, um other than jurisdiction which has been noted and reserved, do you have any other argument you want to make today with respect to this matter in terms of an opening argument? Uh of course. So, like I said, the the contract has been rescended on April 1st, and it was due to unconscionable uh pieces in the contract, including pieces that's wrong with the formation. Um, as well as material breaches that's inside the contract. That contract has not been You said material material breaches. Okay. Go ahead. Breaches. Yes. Within the contract as well. um that was sent out and received uh well it actually wasn't received on April 1st because at the end of the day the um uncontrolled pieces their addresses are wrong and the owners are wrong on the contract. So it got sent back but once I realized it was sent and received on April on April 8th uh 2015 and still remains unrebuted. They have yet to unreut it in any case that we've came and talked about the contract. Um and by law you according to uh wall versusa the Michigan law recognizes decisions at common law for breach fraud and unconscibility meaning if I give notice and it's unrebuted that stands at law. Um also I've talked on personal matter jurisdiction and which why I came in under special appearance. um the first two hearings because at the end of the day um I'm not a legal person. I'm not in a legal capacity under Michigan law. I do not qualify as that person which that person is a corporation, a trust, a individual um in some type of legal entity of that nature, an association. I do not qualify as one of those people to be here and subjected to this without consent. Hence why, you know, things were sent administratively and um defaults were given administratively because um things are happening right here where I'm being deprived of due process and I should be awarded due process by law. As the attorney stated last time we were here, he was saying that um basically the burden of proof only applies in criminal cases. Um which is false because the burden of proof applies in all civil cases where jurisdiction or contract validity challenge. And that's versus Bulum in uh 1992 in Michigan. You still have the burden of proof. The court cannot establish their own jurisdiction being based on a contract is rescended. You have to have a valid contract to come into court about. So that's where your jurisdiction of the subject matter is at hand because the contract is rescended not unilaterally unilaterally like he's tried to claim before. It is reited, meaning I gave you notice and it's unrebuted. Just as if somebody came into the courtroom for an eviction or if they did not come for the eviction, you'll give them a default because what happens at law, your silent stand. All right. Thank you, Miss Battle. Mr. Vantara, you may proceed with your case. Um, plaintiff would like to call Dawn Charles as a witness. All right. Miss Charles, please uh raise your right hand to be sworn. You swear or affirm that the testimony of Dr. V will be the truth. All truth and I do. Thank you. You may lower your hand. You may proceed. Um Miss Charles, uh please state your name for the record. Don Charles. And what is your position with uh with the ranches of Rosebrook? I'm the property manager. Um, are you familiar with the tenency of Anise Battle? I am. Um, are you familiar with the lease agreement that um that that that she signed? I am. Um, your honor, um, I submitted to the court a lease agreement dated uh, November 12, 2024. I'd be moving for that to be admitted as plaintiff exhibit one. Did you also provide a copy to the defendant? I did not because I did not I do not have her email address, but she should, your honor, I should say for the record, she should have a copy of the the lease because it is um because she signed it. Any objection? I never received a hard copy of the lease and I've I've asked for a hard copy of the lease. Never received it. And as I read the lease, I was also a breach of my lease as I was supposed to receive it and sign it in person as they made me sign it over a um online. So again, um the information that he's saying about the lease is correct. I am not here to argue about the lease as far as what the original contract was. I'm arguing about the validity of what it is now, which is invalid and void because it's been distinguished. Thank you. All right. Given that she's not arguing about the validity of the lease itself, I will um allow the exhibit. No, I said I I did argue about the validity of the lease as far as it being valid because it's not. But I'm not arguing that I entered into a lease on or around December 6. That's not what I'm arguing that let's correct that. You're you're arguing you're not arguing that you enter into the What are you arguing? Like I said, I do not object to actually entering into a lease. What I thought was yes, a proper lease or on or around December 6. I do not deny that, but I do deny the validity of the lease because the lease has been rescended and it's unconscionable. Yes. Thank you. um her argument um as the objection case is that the leases not allowed to be admitted that ruled and it will be admitted. One second. I'm sorry I didn't hear you judge. I said that you're arguing that the lease is rescended is not being aditted. The lease is admitted that objection is overruled. [Music] On what? On what facts of law? The fact that I just ruled that. Ma'am, that's not a fact or a law. So, let the record show. The record shows everything. Ma'am, you don't need to say that. Please stop. No, it will when I pull the transcript because like I said, this case is also All right, Mr. fair, you may proceed. Um, okay. I want the record to show that I find it unfair that uh you can cut me off and lose my life whenever you feel like it. I have court. You're going to be held in contempt of court and you're going to do jail time. Mr. Fanta, please proceed. Uh, Miss Charles, um, can you, uh, uh, under the terms of the lease, what is, uh, Miss Battle's u monthly rent? $1075. $1,75. Correct. Does she also have to pay utilities? Uh, water and sewer. So, what for what months has she not paid her rent? Um, March, April, and now May. So, she owes $1,75 for each of those three months. Correct. Has she uh does she owe the water and sewer for those three months also? Yes. Uh spec how much does she owe for those months? Her water and sewer. Yes. Uh so March is 3624. April uh 3545 May 3573 Okay, that total is 10742. Correct. Correct. Um are there late fees uh under her lease? There are what what what is the late fee? $50 on what day? The 6th. And so she's being charged a late fee for March and April. Correct. Correct. So the total amount that she owes is um 3,225 in rent 10742 in utilities which is also rent $100 in late fees and then she would owe the court costs of this in this matter. Correct. Correct. Um, have you reviewed um the um the work orders that have been submitted by Miss Battle um since she has been a tenant? Yes, I am. Um are you comfortable that they were all completed in a timely fashion? Yes. No further questions, your honor. Thank you. Uh, Miss Battle, do you have questions for Miss Charles? Yes, I do. Um, so that first the first um, working order, are you able to disclose or do you know firsthand what that was? Your first work order was your shower water wasn't hot. Um, you had some screws in your hinges that weren't secure. And when the water was turned on in the tub, it comes out of the shower as well. Okay. So, how do you define complete? How was that work order complete? Well, that was the work order you put in. The notes for repair are that the diverter for your hot water was repaired. Our our construction company fixed the tub faucet that had came off and we installed new screws in hinges the door. Right. So, do you have anything that the actual construction company came because nobody came? No. Because even if you go on to the next three orders, that's also listed as an issue because it was never addressed. Well, the next work order after that was actually December 26th and it says the door that was repaired, the screws were still not right. So, we put new screws in it. So, that wasn't a work order about the tub. Uh the one after that was January 28th and that was about um hearing animals in the attic and we installed new sopet and made sure nothing was in there. Uh there was also one on January 27th. Um we adjusted your shower head and plunged your toilet and tightened the basket on your sink. Uh there was one on February 14th that your tub was not draining and water was coming out of the faucet. We uncplugged the tub and the shower head was working properly. And the last one was March 17th that your furnace was cutting on and off and we took your furnace apart and checked all the fuses and put it back together and it was up and operating properly. Okay. So, let's let's go into that more because we might even have to subpoena the maintenance man because this is going to become an issue. So, when you say that you came into my bathroom and screwed the shower head, what would be your purpose of doing that? Cuz what was my request? My request was that it was still the water was still coming out of both faucets at the same time, which have not been correct because you have not gotten a contractor out here. A contractor has not came out to my house about that. And let's go on to the heat. Miss Battle. I'm sorry. You can't testify now. You can ask her a question. You will get a chance in the apartment between December 15th and 16th because Wait a second. Wait. Stop. Wait, wait, wait. There's no question. You said I had to form it as a question. I apologize. Okay, go ahead. Okay. So, you're saying that a contractor came out uh you said December 16th, correct? And what contractor was that? The contractor that did the job. Correct. Okay. And when that contractor came out, what did they say that they did? Repaired the tub faucet that had came off and repaired the tub diverter. They repaired the what that came off the faucet for the tub. One more time. Uh-huh. And the diverter for the water. Right. Okay. So, let that address that that the faucet pushing out and the diverter. That doesn't address the issue of the plumbing, which really um when I had somebody come out, they said the wall had to be taken down because what happened is is they messed up behind it. So again, um, let's rephrase. Let's go on to the the new one. Let's go on to the the furnace. So when they came out for the furnace and, um, they came out to fix it the first time. What were their um, results from that? I only have one work order for your furnace. They took it apart, checked the fuse, put it back together, and it was up and running. They cleaned it and put it back together. All right. The furnace is new. So, no, it was it was two um work orders. One was done um in the middle of the night in the morning before they came in to work. So, I just I just wanted I just wanted to be clear. So, you don't have that work order for the morning. I'm asking One second. There's an objection. Your honor. Um there's an objection. Can you listen to it, Miss Battle? [Music] I can hear him now. He think he had an objection. Your honor, I want to object. We're getting into the into the weeds here. I mean, this you don't have a right to withhold rent or rescend a lease because of something small such as a a a tub faucet. Um, and so, you know, we're getting into whether somebody actually came out and fixed it or when it got fixed. And it just seems to me that that this is irrelevant to the proceeding that's going on today. Well, it's object because it's not irrelevant to the proceeding because it's part of the reason on why I caught up the breach because at the end of the day, I kept trying to get somebody to come out to fix these things that are not fixed. Heat is a major thing. It's been cold. I still have a heater in my house because they haven't came back and got it and fixed it like they said they were going to. You get what I'm saying? I It's still unconscionable things in the lease regardless. So everything about what I am arguing here is valid because I do have the right to within the contract based on breaches of the contract. Just like you can come here on the a quote unquote breach of the contract. It's the same thing. Why do I not get the same right and to hear what's going on so she can hear what's going on and Your honor, we will be more than happy to the the purpose of recision as the court knows is to put the parties back in the same position they were before the contract got entered into. We will be more than happy to resend this contract and basically have Miss Battle pay what she owes through the date of move out and terminate it so she doesn't have any more uh rent owing after moveout. The problem is what she said to Judge Vandenberg last week and I believe what she believes is that when something gets rescended, she is allowed to live there until she finds a new place. And that is not the law. We are more than happy to resend this to to do away with this, let her pay her balance through the data move out and terminate this contract um so that she can move on and we can move on. But what we can't let her do is to live there forever without paying rent. Well, let it let it show that by law, by uh contract law, if the breach is on your end, if you want to comply to it, like I said, because it I did rescend it and the the breach was on your end and it's rebutted on your end. And by law, under um the landlord and tenants, it is called constructive possession. When you are in breach of a contract and I'm not at fault, I am allowed under equity and law to stay in a place. It's called constructive possession. Constructive possession. The reason is not on my end on your end. Miss Miss Battle, that's not the law, ma'am. That is not the law. Absolutely not at all. And ma'am, okay. So then if if that's the case, if he wants to call out the breach of contract, then he's making it an uneven deal. Okay. So, if he wants to say that he wants to accept a breach, then he has to accept the damages that come behind it because there's damages if I have to relocate on something that's based that's not based on me. That's unfair and that is uh that's not that's unfair in that uh faith. You're I'm not trying to be unfair. All I'm trying to say the breach is not on me. The breach isn't on me. So, if the breach is on me, I will understand what you're saying completely. The breach is not on me. So, I should not be held liable for y'all breach. Yeah, but you're the one that wants to, your honor, but she is the one that wants to resend. So, it seems to me that she can't have I want to resend based on the unconscionable contract. And what does my recision also say? If it says it, if that's the case, if you all want me to leave and you don't want me to have the consumption possession, then you you all should be paying for my relocation because it was your injury to me. Can I say something without being interrupted, please? I I want you both to stop talking for a minute, please. Go ahead. I'm sorry. So, first of all, if you want to talk about whether a contract can be rescended, that is not typically what happens in a landlord tit. That's in a standard contract situation. However, if there is in fact a situation where is for you to get some of your monies back. That's not something where you get to just resend the contract. That's why all of this is the wrong procedure. However, Mr. I'm sorry. Please, Mr. Fan, you're saying something about getting your money. I need you to go back a little bit. It's breaking up really, really bad. So, you're in because I can't hear you clearly. If if in fact the court were to find that for instance the the property was not habitable like there were enough repairs that were done so that the property habitable. We can't we're not going to be able to make this out with the children in the back. My recorder is saying she can't make it out. I'm trying to make it out too and it's just like breaking up a little bit. That's what I I mean, I tried to tell y'all that this was not like a good time for me at all. Remember, you had got his time. When I went to go say my time, you cut my mic off and I was literally trying to tell you that I cannot It's 3:00 is just not a good time. I'm getting my kids out of school. I don't have help when it comes to getting my kids out of school. So, um yeah, but we can continue to try. We can just try to go for a morning time. I can do morning time. [Music] on the morning have to figure this out. And if you don't figure it out, then the repercussions will be against figure it out. Well, I hold on. Hold on. I am trying to figure it out. I wouldn't be here if I wasn't trying to figure it out or if I wasn't trying to. I grant you that. I agree. I agree with that. But I have criminal documents every morning. We don't You said what about you said what about a warning? Hey, stop. Stop. Hey. You said what about a warning? I said we have criminal documents in the morning, ma'am. That's what I said. Yeah. Yeah, I can I can do it in the morning. That's not what I said. Oh, I'm sorry, Mr. Fanta. This is not working. It can't be recorded properly because of the background noise. I can't I can't finish this today. Um, are you available on the 16th at 9 in the morning? Um, I am make show me make sure my witnesses are Dawn. Yep. Miss Battle, are you available at 9 in the morning on on February 16th? May 16th. May 16th. I'm sorry, I'm discombobulated. Yes. 9 9:00 a.m. What? Yes. 9:00 a.m. is perfect. 16th at 9:00. We'll be back here again. Your honor, can we require since I asked before and you said you didn't give notice um her to be by video zoom? Yes, Miss Battle, can you come via video Zoom, please? Miss Battle, you're you're muted. I'm sorry. I'm sorry. I keep trying to mute it because I think that's why I keep muted me because of my background. But I say yes, that's fine. Okay. Thank you. I appreciate and I will also mail copies of all of the exhibits that I submitted to the court to Miss Battle so that she has them beforehand. Thank you. I appreciate it. David May 16th and what kind of sha show is this anyway? And thanks for hanging out with us on Facts or Frauds. Make sure you hit the thumbs up button, you're subscribed, and ring that bell. Also, leave a comment in the comment section. Tell me what you think. And a major thank you to every one of our Faxer Frauds channel members. If you'd like to become a member, just hit that join button right next to subscribe or click on the link in the description. And if you're still hanging out, thank you. I appreciate you all. Make sure you hit the thumbs up button, subscribe, and ring that bell. Also, leave a comment in the comment section. Tell me what you think. If you'd like to become a member, you can do that, too. Till next time, I'll see you soon. [Music]