A homeowner uses court monitoring of litigation and discovery to curb homeowner association's lawsuit expenses and win

October 22, 2004

By HOA Voices (View author info)
Copyright AHRC News Services

A Texas homeowner requested court monitoring of litigation and discovery to stop CHUBB Insurance financed CAI lawyers from running up legal expenses, and using financial terrorism to win the case.

He filed a Motion for Protective Order and asked the court to oversee the litigation and discovery expenses. Judge Richard Hill signed the Protective order and limited the litigation and discovery expenses of the homeowner association lawyers Marc Market and Clayton Hearn .

The homeowner provided the judge with evidence that the homeowners association had a history of misappropriating funds, violating regulations, and collecting tens of thousand of dollars from insurance companies to pay their lawyers for defending their constant violations.

The order stopped the unlimited depositions and court filings and forced CHUBB Insurance to settle the lawsuit.

This case is one of the Texas cases that helped drive CHUBB Insurance out of the homeowner association Directors & Officers Policy market in Texas..

Motion For Protective Order

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, John Doe , Plaintiff in the above-referenced and styled cause and requests the necessity for this Court to provide protection from needless litigation burdens and attorneys abuses throughout the adjudication of this suit. Plaintiff has been harmed, and is trying to hold himself together in order to receive his justifiable damages.

His wife is on the verge of a break-down from living in the gangster-inflicted Huntington Village, and from trying to keep her 'agreed to' rights through the HOA mandatory lawsuit process. She has suffered stress before from being deposed by defendant, and may lose consortium as result of further abuse from defendant's attorneys. Plaintiff suffers from extreme depression and aggravated colon IBS from living under defendant's unaccountable dictatorship.

Plaintiff and his wife possess ......, and now reside in ABC County Texas. They are trying to work in XYZ Texas 33 miles from their home, and this should be deemed the limit of their travel due to hardship and expense. Further, it is unreasonable that any depositions be conducted in defendant's plush offices in Harris County as this is ultra convenience to defendant and its attorneys, but would be a burdensome expense and unfair aggravation to Plaintiff and his spouse's mental state.

Plaintiff has suggested to Defendant 's counsel the possibility of written or phone depositions to satisfy his inquisitive urge to inflict repetitive harm, and to gain what little outstanding Discovery remaining to adjudicate this case.

Defendant has CAI-Chubb sponsored stake-holder attorneys that initiate for their HVCA-client-directors a misappropriation of funds in defending director violations against members. This has always been consistently and viciously implemented for defense of the BOD-client violators. This is done so to deter any homeowner and remind such member he or she does not have the money to enforce 'agreed to' rights with the only due process afforded in the mandatory membership. Plaintiff seeks protection from such abuse of power, and desires this Court to take judicial notice of the matter.

Prayer for Relief

WHEREFORE PREMISES CONSIDERED, Plaintiff requests this Court's fairness and discretion to stop defendant's attorneys' quest for litigation abuses by imposing limitations and restrictions on their demands and behavior. Plaintiff prays for a Court directed Protection Order against Huntington Village's attorneys in this cause of action since Plaintiff must represent himself in ill health.

Respectively submitted,