Hi JBS!

I thought I would forward along an email to provide you with an update about Adolfo Martinez. This email is from Alan Minuskin, writing to someone at BCLAB - he is trying to scramble last minute resources to get an attorney to show up for Adolfo on Thursday. Read below...

Hi Maritza,

I did some poking around on this case, and I think there is something quick and easy we can do to get a dismissal this Thursday afternoon. From reviewing a recent Waltham Health Department inspection report, I think Mr. Martinez probably has strong habitability claims that may exceed the rent owed, which I think totals $3033 through July.

I learned from Dottie in the Waltham Court clerk’s office that the landlord is not represented by a lawyer. I’d thought that John Santangelo was on the case, but when his phone greeting said he was on vacation through the beginning of next week I asked Dottie to check to see if he had entered an appearance for the landlord. He hasn’t. The complaint is signed by Raj Santhmoorthy and indicates a PO box in Lincoln, MA. The Health Department report cites the owner, Travancore Corporation. I did a Lexis property search and can see that Travancore Corp. owns the property. I also searched the BBO database for a lawyer with a name anything like Santhmoorthy. I don’t belief this person is a lawyer. This means that Travanacore MUST be represented by a lawyer. An individual, even the president of the corporation, cannot file a complaint or appear on behalf of a corporation. This is known in Massachusetts as a Varney defense (see attached case at HN4).

Knocking out the present summary process case would force a refiling. The earliest first-trial date (i.e. without discovery) on a new complaint would be 7/29. That would give us a chance to build the warranty of habitability case. All of this may encourage a business-minded landlord to make an offer of time and an accommodation on money.

To effectuate this, we’d need to get someone over to the summary process session this Thursday afternoon to bring this to Mike Finucane’s attention. Brining a couple of copies of the Varney case would probably do it. He’d then explain to the landlord that he must start over and be represented by a lawyer.

I asked Dottie whether the court file reflected that an interpreter had been requested. She did not see it but said that someone named Gracie is at the Waltham Court all the time to assist with interpreting English-Spanish.

I’m wondering whether Alissa (3:03 certified) and Jay (knows housing and speaks Spanish) would be up for delivering the knock-out punch to buy Mr. Martinez a few weeks so we can set ourselves up for a more substantive defense and counterclaim. Of course, this has to be weighed against the heft and level of activity of everything else you and they are managing. The other practical consideration I should add is that even though the above analysis all makes neat sense to me on paper, who knows how things will really unfold at the courthouse?

I have not attempted to contact Mr. Martinez. His number is 781-492-2981. It looks like the landlord’s number is 781-257-5016.

Let me know.

Alan