PRE-MEDITATED COINCIDENCES?
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ABSOLUTELY!
It's beginning to appear as though defeated, Utah Legal Services attorney, Julia Babilis may be harboring a personal grudge against the Peery Apartments and myself, and using her position as a Utah Legal Services attorney to try and even the score.... on the taxpayer's dime.
On July 23, 2010, upon being served with a 30-Day Notice to Vacate her unit, a now former resident of my property enlisted the help of Utah Legal Services. More specifically, ULS attorney, Julia Babilis, who then contacted me just 3-days prior to the end of her client's 30-Day Notice to Vacate....
After her ridiculous letter of introduction to me (on 8/20 above), Ms. Babilis made several attempts at complicating the simple eviction of this system abusing tenant, by advising her to post a number of notices around the building, claiming that she had been "locked out". ... (while she was still residing in her unit).
Additionally, Ms. Babilis attempted to negotiate a deal with me to secure an additional 30-days at my property for her client (rent free), in order to give her client additional time to find other accommodations, (her client had wasted the first 20+ days of her 30-days to vacate, doing absolutely nothing to find other accommodations)
Failing that, Ms. Babilis then atempted to negotiate a deal in which her client would voluntarily vacate her unit, if I agreed (in writing), NOT to file an Unlawful Detainer, or pursue a judgement against her, for the estimated $7,500. in damages that she incurred to my property.
According to HUD rules, a tenant that leaves a property owing money to the Landlord, shall become ineligible for housing assistance under this program, or any other HUD funded program, for a minimum of 3 years, or until such time as the tenant can show proof that he or she has made full restitution to the Landlord and the debt has been cleared.
At that point, I made it clear to Ms. Babilis that, in light of her 11th hour appearance and repeated attempts at complicating the matter, I was no longer willing to allow her client to just walk away from her unit and the damages she had incurred, without her being held responsible for them (an option I had considered previously). I further informed her that I would be seeking to have her client's eligibility for housing assistance suspended, effectively preventing her from damaging the property, of any other unsuspecting Landlord.
The following, are letters exchanged via email, between Ms. Babilis and myself, regarding the matter. Ultimately, I demonstrated to Ms. Babilis that she had no case to defend with this client and she promptly backed down like a whipped dog. As was evidenced an hour later, when on the advice of her ULS attorney, this tenant began vacating her apartment.
Ms. Babilis, tried.... Ms. Babilis, failed...
For Christ's sake Ms. Babilis, Have some dignity and MOVE ON!!!
That SHOULD have been the end of it... right? - - WRONG!!!
Within days, while acting on the advice of Ms. Babilis, this former, system abusing tenant filed a claim with the Utah Anti-Discrimination and Labor Division (UALD), alleging that we had violated her rights under the Utah Fair Housing Act (UFHA) by discriminating against her, based on her disability. Additionally, she also alleged that we failed to provide reasonable accommodation to her ever changing disability and that we had evicted her due to her medically prescribed Assistance Animal. (which had not been medically prescribed at all)
until that person has selected the disability that they wish to take on...
... and then sticks with it.
During the preliminary hearing, this former tenant was advised by the UALD hearing officer, that although it was her right to pursue the claim further and insist that her allegations be investigated, the case was less than strong and would likely fail, based on the evidence she had presented. Nevertheless, against the advice of the UALD, she indicated that she wished to move forward with the investigation in an attempt to have myself and the Peery Apartments charged with discriminating against a person based on their disability.
Ultimately, it was implied by the UALD, that my former tenant likely filed this claim in retaliation for being evicted, finding that the Peery Apartments had in no way violated her rights , or discriminated against her in any way, whatsoever.
Some months later, I subsequently filed a small claims lawsuit against my former tenant, for the substantial damages she had incurred to her unit and guess who showed up in court to represent her???? No ... Not Perry Mason
ULS Attorney, Julia Babilis appeared in Ogden's Justice Court to represent my system abusing, former tenant, for the second time in Ogden Justice Court on December 2, 2010 and again on February 17, 2011 and attempted to introduce a faded, illegible document into the case, then attempted to sway the judge's determination as to their actual verbiage. Failing this, Ms. Babilis then inferred that the signature appearing at the bottom of the document was not her client's signature at all, insinuating to the court that it had somehow been forged, by me, nearly 2 years before I had even met the woman.
A loser will try AYTHING to keep from losing... Even lying in court
Ms. Babilis then produced a letter in court, (did I say "produced"?.. oops!), allegedly from the Special Programs Manager of the Ogden Housing Authority, stating that that the Ogden Housing Authority would continue making housing assistance payments, for as long as it took for this tenant to find other accommodations.
Now wouldn't you think that the Housing Authority would have
included me in the list of recipient's for THAT letter???
Yeah... not so much.
It was during that first court hearing, that Ms. Babilis admitted that it was on her advice that my former tenant:
- failed to move out of her unit by the end of her 30-day notice to vacate;
- demanded an additional 30-days at my property (rent free) ;
- gave me a 30-day notice of her intent to move / 20-days after she was given her 30-day notice to vacate;
- posted notices at my building that she had been locked out; (when she had not been locked out)
- filed a discrimination claim with the UALD; (UALD decision below)
- continued to pursue her discrimination claim, against the UALD's advice; and
- lied through her teeth in court, about the condition of her apartment at move-in, because Ms. Babilis was convinced that I couldn't prove otherwise. (Ms. Babilis was mistaken)
Ms. Babilis likely advised her client to fake a medical emergency in court in an attempt to gain the court's sympathy also.
(Video below)
Obviously, Ms. Babilis is not very proficient at giving advice
She is not a very proficient lawyer either.
Below is the decision of the UALD, finding that the Peery Apartments
in NO way discriminated against this system abusing tenant.
It's beginning to appear as though ULS attorney, Julia Babilis is either: the most paranoid; the most imaginative; or the most desperate lawyer in the state of Utah, who will go to any lengths necessary to prevail in a case that has no merit.
Ms. Babilis was also instrumental in getting this simple, small claims case CONTINUED until February 17, 2011 where her client, (as she has done so many times as my tenant) conspicuously collapsed in the courtroom and was hauled away in an ambulance, just moments before our case was called....
Talk about courtroom dramatics... WOW!!!
I felt compelled to present the video I took during this scene, in a format
more befitting the performance of its actors.
more befitting the performance of its actors.
Brava Ladies!
This video in its original format can be viewed below, but be warned...
it's not very entertaining.
it's not very entertaining.
Note the concern that Ms. Babilis exhibits for her star client, , as she sits there quietly, doing some paperwork.
Although her client had suspiciously collapsed in the courtroom just moments earlier, Ms. Babilis is seemingly unaware of
the activity going on around her, while this courtroom drama played out.
Could it be that this brilliant performance was not entirely unexpected?
Unfortunately, my former tenant failed to instruct her freebie attorney NOT to proceed with the case in her absence. Moments later, when the case was called, Ms. Babilis proceeded to waste nearly 2 hours of the court's time, while endlessly arguing moot points and dragging the case out, in a performance that is only eclipsed by Jimmy Stewart's performance in the movie,
"Mr. Smith Goes to Washington"
In the end, Ms. Babilis lost the court case for her client. Sadly In her infinitely lacking wisdom, Judge Andrea Lockwood determined the judgment amount based on Ms. Petersen's ability to pay and awarded the Peery Apartments just $391. to cover the more than $7,000 in damages she had caused to my property. Apparently, that's just how things go in
Ogden Justice Court
Ironically, NONE of this would have been necessary,
if not for the exceedingly poor tenant selection ability of:
Kier Property Management
This vindictive ULS attorney knew her client was guilty,
yet clearly went out of her way to defend this system abuser.
She maliciously tried to cause my business as much
legal trouble as she possibly could,
yet she failed...MISERABLY,
EVERY TIME
yet clearly went out of her way to defend this system abuser.
She maliciously tried to cause my business as much
legal trouble as she possibly could,
yet she failed...MISERABLY,
EVERY TIME
with this lost case and her star client.
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To re-cap, this malicious ULS financed debacle:
ULS Attorney, Julia Babilis, unethically attempted to strike several "deals" with me, regarding her client voluntarily vacating my property... including the following:
- Attempting to secure an additional 30-days for her client at my property, RENT FREE;
- Attempted to strike a deal with me, by guaranteeing her client's move-out, if I agreed to her demands;
- Attempted to coerce me into not bringing charges or lawsuits against her client;
Ms. Babilis further advised her client to:
- Lie to the court and commit perjury;
- File a meritless and retaliatory discrimination case against me, with the UALD;
- Bring false discrimination charges against me;
- Further pursue the discrimination case with the UALD, against UALD advice;
It's likely that Ms. Babilis also advised her client to:
- Fake an illness in court in an attempt to gain court sympathy;
- Tie up City emergency services to assist her in this performance;
- Falsely Call 911 to report this alleged illness and summon help .
Ms. Babilis was also instrumental in:
- Attempting to introduce false and/or misleading information to the case and the court;
- Having a simple, small claims case continued by the court, rather than resolving it at the time;
- Intentionally wasting nearly 2 hours of the court's time arguing her meritless case against me;
- Aggravating the court to the point of refusing to hear or consider additional testimony and evidence.
In total, Ms. Babilis' unethical behavior and malicious prosecution of the Historic Peery Apartments, cost me more than $,7,000 in property damage, needless travel expenses, countless hours of evidence preparation and loss of productivity for my business.
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AND!!!
This was all made possible through YOUR TAX DOLLARS and other funds that support-
UTAH LEGAL SERVICES
Getting paid to defend system abusing criminals like my former tenant
at the taxpayer's expense.
at the taxpayer's expense.
