Lawsuit: Dismissed LouisVuitton8 v. HomelessBum [2024] DCR 36

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LouisVuitton8

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LouisVuitton8
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IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
CIVIL ACTION


LouisVuitton8
Plaintiff

v.

HomelessBum
Defendant

COMPLAINT
The Plaintiff complains against the Defendant as follows:

On Thursday, August 22 2024, LouisVuitton8 leased plot C523 from Defendant for agreed upon price of $1100 for a term of 40 days. Today, Plaintiff decided to unrent the region. Upon the utilization of the proper command to execute a unrent my Plaintiff was astonished to learn that he did not receive any funds back due to insufficent funds of HomelessBum.The plaintiff is entitled to a refund on a pro rata rate upon any unrenting.


I. PARTIES
1. HomelessBum


II. FACTS
1. LouisVuitton8 rents C523 on August 22, 2024
2. LouisVuitton8 unrents C523 on August 23, 2024
3. LouisVuitton8 receives zero funds back due to insufficient balance of HomelessBum

III. CLAIMS FOR RELIEF
1. Due to an insufficient balance the Landlord which is the Defendent failed to honor the mandated prorted rental refund.


IV. PRAYER FOR RELIEF
The Plaintiff seeks the following from the Defendant:
1. I am asking for a fine to be levied against HomelessBum in order to satisfy the pro rated refund to the Plaintiff. If no monetary assets can be seized then any property they own shall be utilized to satisfy this debt.



By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 23 day of August 2024
 
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IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
WRIT OF SUMMONS

@HomelessBum is required to appear before the District Court in the case of LouisVuitton8 v. HomelessBum Failure to appear within 72 hours of this summons will result in a default judgement based on the known facts of the case. Both parties should make themselves aware of the Court Rules and Procedures, including the option of an in-game trial should both parties request one.​
 
people dont get refunds when they unrent, and i paid him when he asked. sorry i missed this, X3 idk how to do all that or appear where to, can i know for next time
 
You have 24 hours to submit an answer or request a public defender.
 
Your honour, I've been busy with my IRL work. So I was not able to reply to this case. Could you please give me 24 hours to hire a lawyer? I have one lined up. i just have little availablities. Epic will take over for me
 
You have 24 hours if you fail to provide a lawyer you will be held in contempt and a default ruling will be provided.
 
EpicFought will be representing me in the case LouisVuitton8 v. HomelessBum [2024] DCR 36
 

Answer to Complaint


IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
ANSWER TO COMPLAINT

LouisVuitton8
Plaintiff

v.

HomelessBum
Defendant
(Represented by EpicFought)

I. ANSWER TO COMPLAINT
1. The Defendant affirms that Plaintiff, LouisVuitton8, rented plot C523 on August 22, 2024.
2. The Defendant affirms that Plaintiff un-rented plot C523 on August 23, 2024.
3. The Defendant denies the allegation that Plaintiff did not receive a refund due to insufficient funds.

II. DEFENCES
1. Refund Policy: The Defendant does not typically offer refunds for partial stays. However, recognizing the Plaintiff's request, the Defendant went ahead and returned the requested portion of the rent, even though it wasn’t required as per their policy.
2. No Evidence Provided: The Plaintiff hasn’t shown any proof that the refund wasn’t received.


By making this submission, I agree I understand the penalties of lying in court and the fact that I am subject to perjury should I knowingly make a false statement in court.

DATED: This 4th day of October 2024

 

Motion


IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO DISMISS

The defence moves that the complaint in this case be dismissed, and in support thereof, respectfully alleges:

I. Lack of Claim: According to the 'Tenant Rights Act' and the rights established to tenants.

Section 3 - Tenant Rights
When a player is renting from a private landlord, they are entitled to the rights listed in this section:
(1) Tenants must be given 48 hours notice from the landlord before they are evicted from a rental region, excluding a report made by a building inspector or if the tenant has been permanently banned/deported.
(2) Tenants must be given a full refund of the rent they have pre-paid if evicted, unless the tenant has been permanently banned/deported.
(3) Landlords must give the tenant a 12 hour notice prior to entry in their region. This does not apply to a region with chestshops, an inactive tenant, a permanently banned/deported tenant, or if the tenant provides written permission of entry to the landlord.
(4) Landlords may not place security cameras anywhere inside a tenant's rented property without the tenant's consent.


None of the rights afforded to tenants under the Tenant Rights Act entitle the Plaintiff to a refund for voluntarily vacating the rental property, as claimed in the complaint.

 
Your Honour,
Could we please get a reply on this case?
 
As judge Unseatedduke1 resigned, I will be taking over proceedings of this case.

As this trial was prolonged more than it should have been, I will open Discovery which will last 48 hours. If more time is needed, notify me in reasonable advance.

Verdict on the motion to dismiss will be handed out after discovery concludes. The Plaintiff may respond to the motion to dismiss during discovery.
 
EpicFought said:

Motion


IN THE DISTRICT COURT OF THE COMMONWEALTH OF REDMONT
MOTION TO DISMISS

The defence moves that the complaint in this case be dismissed, and in support thereof, respectfully alleges:

I. Lack of Claim: According to the 'Tenant Rights Act' and the rights established to tenants.

Section 3 - Tenant Rights
When a player is renting from a private landlord, they are entitled to the rights listed in this section:
(1) Tenants must be given 48 hours notice from the landlord before they are evicted from a rental region, excluding a report made by a building inspector or if the tenant has been permanently banned/deported.
(2) Tenants must be given a full refund of the rent they have pre-paid if evicted, unless the tenant has been permanently banned/deported.
(3) Landlords must give the tenant a 12 hour notice prior to entry in their region. This does not apply to a region with chestshops, an inactive tenant, a permanently banned/deported tenant, or if the tenant provides written permission of entry to the landlord.
(4) Landlords may not place security cameras anywhere inside a tenant's rented property without the tenant's consent.


None of the rights afforded to tenants under the Tenant Rights Act entitle the Plaintiff to a refund for voluntarily vacating the rental property, as claimed in the complaint.

Click to expand...
Sustained. The Plaintiff failed to provide evidence to support the claim for relief presented in the original filing. Provided this Court believed the Plaintiff, the Defendant successfully pointed out how Tenant Rights Act defines no statutory obligation of the landlord to recompense the tenant if the latter voluntarily vacates the rented property, against which the Plaintiff failed to provide any legal standing. This case is hereby dismissed without prejudice as per Rule 5.5 (Lack of Claim).

This dismissal is not, however, a precedent which makes the possibility of returning money to tenants who cancelled and did not arguably utilise the rented properties a res judicata - the Court leaves this area open for future cases.

The Defendant's counsel is entitled to $1,000 in legal fees, paid for by the Plaintiff.
 
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