Haddad Toyota Says Settle Elbery's Lawsuit!
The Mass. Judiciary Says "Not in Our Court"
Haddad Toyota of Lennox-Pittsfield, Mass. on Route 20 has decided to settle out-of-court and pay Michael Elbery rather than go to the Chicopee District Court and fight it out. After all, the legal fees will cost way more to defend against Elbery's lawsuit than it would to pay and settle the case.
Regardless of the fact that for 4 years Haddad Toyota has wanted to settle and pay Elbery, Elbery still has not been paid one penny. The obstruction to payment is working against both Haddad Toyota and Elbery, so whatever is the cause?
Michael Elbery brought his vehicle to Haddad Toyota service department due to an acceleration problem with the engine on about May 19, 2017.
Haddad Toyota did not address the engine acceleration problem but instead removed the rear Brake systems on Elbery's truck and replaced both rear brake systems.
Haddad charged Elbery over $2,324.00 for the rear brake replacement.
In June of 2017, Michael Elbery sent Haddad a 93A letter demanding settlement, and through their attorney, Haddad Toyota agreed to pay Elbery $2,324.00.
Haddad Toyota's attorney made various demands, including that Elbery sign his "General Release" and drive 50 miles to the attorney's office in Pittsfield, Mass. to get the settlement check.
Michael Elbery refused to sign the attorney's "General Release" and after months of attempting to eliminate unacceptable clauses from the attorney's "General Release" Michael Elbery gave up dealing with the attorney on about September of 2017.
Wouldn't you think the attorney could get Michael Elbery's address correct on the attorney's General Release (see first line of General Release) after corresponding by U.S. Mail for months? Michael Elbery never has lived in Pittsfield, Mass.
Michael Elbery contacted Haddad's attorney, on about April 2021, and made one last attempt to settle the case before filing suit within the 4 year statute of limitations for a 93A lawsuit. The Attorney never replied.
The Lawsuit - Elbery v. Haddad
Michael Elbery filed his lawsuit in May of 2021 in the Springfield District Court in attempt to avoid Judge Vega who presides at the Chicopee District Ct.
The Springfield District Court was ready and waiting for Elbery and returned the lawsuit and filing fee check in the mail. The Springfield District Court instructed Elbery that he had to file the lawsuit in the Chicopee District Court. This is of course contrary to law, as Elbery lives in Chicopee and according to Mass. law is entitled to file his lawsuit in any court in Hampden County which includes the Springfield District Ct.
Michael Elbery then filed his lawsuit against Haddad Toyota in the Chicopee District Court on about May 17, 2021.
Zoomed - Case Management Conference - 11-4-21
The Chicopee District Court scheduled a "Case Management Conference" for 11-4-21, Judge Vega presiding by "Zoom".
At the 11-4-21 "Case Management Conference", by Zoom, Haddad Toyota's attorney made claim that he would have to find out if his client, Haddad Toyota, wanted to settle with Michael Elbery!!!
Michael Elbery, during the 11-4-21 "Case Management Conference," informed Judge Vega that Haddad's attorney told him over 4 years ago that Haddad wanted to settle the case for the agreed amount of $2,324.20, but that attorney wanted his "General Release" signed which Elbery refused to sign because of several abusive and deceptive clauses in that "General Release" were obnoxiously unfair and unacceptable; no one in the right mind would sign that "General Release".
Why wouldn't Michael Elbery sign the attorney's "General Release"? The attorney's "General Release" required that Elbery sign the "General Release" acknowledging, as per the "General Release," that he had been paid in full the settlement price of $2,324.20!!! However, there was no check with the "General Release" and Haddad's attorney told Michael Elbery "that's the way it's done in Berkshire County"; the attorney claimed upon receiving the signed "General Release" that Elbery would be sent a "check in the mail".
Also the attorney's "General Release" required "confidentiality" of the terms and settlement of Elbery's lawsuit against Haddad. This is the biggest sucker's clause in all legaldom because all they need is to find a cop or any alleged witness, like another repair garage, to say that Michael Elbery made a disclosure concerning the lawsuit settlement with Haddad and then Elbery would be sued.
Further, the attorney's "General Release" forbid Elbery from making any disparaging or derogatory remarks about Haddad Motor Group. For the reasons in the paragraph above, Elbery refused to sign the attorney's "General Release".
Michael Elbery reminded both Haddad's attorney and Judge Vega that a "General Release" is not legally required. Almost 5 years earlier, in 2017, Elbery had informed Haddad's attorney that there is no legal requirement of a "General Release" and the attorney agreed saying, "I know that."
During the 11-4-21 "Zoomed" "Case Management Conference", Haddad's attorney made claim that Elbery's lawsuit against Haddad had been dismissed!! More nonsense by the attorney! After deliberately avoiding Plaintiff - Michael Elbery, Judge Vega had the crust to ask Michael Elbery if his lawsuit had been dismissed. Doesn't Vega know what going on in her own Court? Read the case docket entries judge and you will be easily informed, if you can read English, that there was never even a "Motion to Dismiss" filed in the case, nor was the case dismissed. She, Judge Santabella Sangria Vega, spent over 15 minutes coming to the conclusion that Michael Elbery's case had not been dismissed; this could only happen in a Mass. District Court which is customarily operating outside the law.
Judge Vega expressed irritation that Michael Elbery was caused to have a good laugh on Haddad's attorney during the Zoom Conference due to Haddad's attorney not even knowing the status of the case he was representing.
Case Management Conference - Continued
Judge Vega continued the "Case Management Conference" until 1-6-22 , allegedly, so that Haddad's attorney could get an answer as to whether his client wanted to settle.
Michael Elbery expressed objection to Judge Vega's 1-6-22 continuance of the "Case Management Conference" because the attorney had already told Elbery that Haddad wanted to settle. Further, according to "rule #2 for "Case Management Conferences" the attorney "shall have the authority to settle" the lawsuit. When Elbery demanded of Haddad's attorney, during the 11-4-21 "Case Management Conference", if Haddad still wanted to settle, Judge Vega, in violation of required by Rule #2, stopped the settlement process; Judge S. Vega stated, "the Court does not provide that service". To the contrary Judge, Rule #2 for Case Management Conferences requires the Court provide that "service" in order to settle the case as fast as possible".
Judge Sabbs holds the 1-6-22 continued "Case Management Conference", by Zoom, and tries to avoid talking to Plaintiff - Michael Elbery.
During that 1-6-22 "Case Management Conference", Haddad's attorney stated that his client, Haddad Toyota, did want to settle and that he would "cut a check" for the agreed settlement amount of $2,324.20 and that there was a "General Release" to be signed and that Elbery would have to pick up the check 50 miles away at the attorney's Pittsfield office.
Michael Elbery told both Sabbs and Haddad's attorney, via Zoom, that "nobody in the right mind would sign the attorney's "General Release"" because of the obnoxious terms, including "signature confirmation of receipt of settlement payment without getting a thin dime and of course the confidentiality clause".
Michael Elbery also informed Sabbs and Haddad's attorney that he would never travel to the attorney's office because the attorney will, at a minimum, require that Elbery sign the same "General Release" that Elbery had already refused. Elbery suspects much worse should he go to Pittsfield, Mass.. There is still Cyanide-Chloride gas in Berkshire County, just in case somebody causes trouble for "sacred cows"!
Judge Sabbs became irritable and threatened Elbery that he would "set-up a trial." Elbery said, "what does that mean, "set-up a trial", do you mean "schedule a trial", or "hold a trial"?" Elbery further said, "schedule the trial, there should be no more continuances of this "Case Management Conference"". Judge Sabbs instead continued the "Case Management Conference" for another Zoom on 4-7-22.
Who's Zoomin' Who?
It's Elbery's belief that Haddad Toyota does want to settle the case!!!
It's Elbery's belief that Haddad Toyota wanted to settle the case almost 5 years ago back in 2017!!
Elbery does not believe Haddad Toyota knows anything about a "General Release" or any of the obnoxious terms contained in the "General Release" Haddad's attorney concocted.
It's Elbery's belief that Haddad may be getting sick of trying to settle the case and Elbery also believes that he is getting blamed for the case not being settled.
Compounding the above, Haddad Toyota had to pay attorney's fees for all these continuances and communications between Elbery and their attorney concerning the unacceptable "General Release" that went on for months in 2017.
All that is legally required is a "Stipulation of Dismissal" between Haddad and Elbery and tender of the settlement check. Even Judge Sabbs knew there should be a "Stipulation of Dismissal". Sabbs stated, the "Stipulation of Dismissal" should be signed by both parties as required by the Mass. Rules of Civil Procedure. None of the obnoxious clauses Haddad's attorney demands, per his "General Release", would be legally allowed in the "Stipulation for Dismissal".
The Mass. Judiciary can never let there be Justice. The Mass. Judiciary can never allow Michael Elbery to win a lawsuit in their courts.
How long can the Mass. Judiciary go on continuing "Case Management Conferences" in Elbery v. Haddad?
Case Management Conference III - Presiding Judge S. Vega of the Chicopee District Court
On April 7, 2022 the third Case Management Conference was held by Zoom with Judge S. Vega presiding. Judge Vega gave it her best effort to avoid talking to the Plaintiff, Michael Elbery. Vega cordially spoke to the defendant's attorney; the defendant's attorney exclaimed that his client did not need any Evidentiary Discovery, whereupon, Judge Vega set a Pre-Trial Hearing date for the case of 8-18-22.
The Plaintiff, Michael Elbery, would not allow Judge Vega the luxury of not having to acknowledge the Plaintiff. Plaintiff, Michael Elbery, then reminded Judge Vega that her Court had made a Judicial Record of having Three "Case Management Conferences" for the same case, Elbery v. Haddad Toyota, and that the Defendant's attorney stated at the second "Case Management Conference" that his client, Haddad Toyota, wanted to settle the case. Elbery also added that this is the same lawyer who wanted him to sign a release that stated that "buy signing this Release the Plaintiff acknowledges that he has been paid the $2,324.00 settle in full", however, the Plaintiff was never presented with any payment and the defendant's attorney told Elbery that he "would send the $2,324.00 settlement check in the mail." Elbery further reminded Vega that the defendant's attorney said, "that's how its done in Berkshire County" (sign off as paid and wait for the check in the mail).
Judge S. Vega was quick to reply in order to stop the Plaintiff, Michael Elbery, from exposing any more of the shenanigans that had occurred in her Chicopee District Court and rendered Advice to Plaintiff Michael Elbery, although it is forbidden that Judges advise litigants. Vega, indignantly proclaimed, "he's an officer of the Court he has to pay you, if you sign the settlement release, or, you can file another lawsuit demanding payment".
Michael Elbery had the appropriate quick reply to Vega's unwanted Advice and told that Judge Vega, "I don't' need your advice." S. Vega was riled and called Michael Elbery "Rude," and exclaimed "I don't want to hear you, I'm putting you on mute". There were about nine other parties on deck for their "Zoom hearing", and people in the Courtroom, who Vega did not want Michael Elbery having an opportunity to expose to them the illegalities of Judge Vega in the Chicopee District Court that day.
After cutting Michael Elbery off by putting him on mute, Vega then went on a pissy-ass tirade and again delivered more verbiage telling Michael Elbery, "hopefully someday you will learn how the Courts work, and how the legal profession works."
Judge S. Vega ended her monologue with "Hope Springs Eternal." Vega scheduled a Pre-Trial Hearing for 8-18-22 and did not schedule any "Discovery" or "tracking order" for the case because the defendant's attorney stated "the defendant does not need any discovery".
Plaintiff, Michael Elbery was granted an allowance of Interrogatory and Document Discovery from defendant Haddad from another District Judge who was sitting on the Civil Docket bench in Chicopee District Court.
Elbery not on mute, but on the World Free Internet
The Plaintiff, Michael Elbery, already knows how the Courts in Massachusetts work!
The Plaintiff, Michael Elbery, already knows how the legal profession works!
Judge Bethesda Sangria Vega would have had a good laugh had Michael Elbery followed her Advice and signed the defendant's "Release" without getting any settlement money because she knew Michael Elbery was never going to get that money, if he signed the defendant's General Release. And Judge S. Vega would have had even a bigger laugh, if Elbery sued for the settlement payment because Vega has the Hampden County Courts rigged so that their Clerk's Office will illegally refuse to file his lawsuits and the lawsuit will be forced into Vega's Chicopee Kangaroo Court. For Michael Elbery to file anything in Vega's Chicopee District Court is a mockery of justice.
It's way beyond just a matter of "hope" in today's United States. The Barbarians are in the Gates and their invasion over the Rio Grande is getting stronger every day. The Jews now know how to rig the Elections and that is not going to stop in future but only get worse. Arson and looting by coloreds have become habit in U.S. cities, while the Jewish Controlled Media sympathizes with the poor unfortunate non-white dears who are destroying every urban area in this country. Welfare is now precious and never debated by any U.S. politician or criticized on the Media; the U.S. is one big Welfare State with growing Social programs, since the 1960's, that help erode what was once the U.S. middle and working classes and causes another generation of colored people that are "Entitled" to ever increasing handouts at the cost of the White Man.
As for affirmative action - Judge S. Vega of the Chicopee District Court there is no hope, just more Jewdicial tyranny and "failure to act according to the law".
Biased Judge Bethesda Sangria Vega of the Chicopee District Court Refuses to Recuse Herself from Michael Elbery's cases
It is legally presumed under Mass. law and Federal law that when a citizen-litigant like Michael Elbery ridicules and exposes the injustice and Judicial illegalities of a Judge, in this case Judge Vega of the Chicopee District Court, that Judge Vega is "as a matter of law" biased against Michael Elbery and can no longer preside or decide issues on any case involving Michael Elbery. Elbery has filed a motion to Recuse Vega from the Haddad case and any other case of Michael Elbery's. However, "Judge Vega does not go by law" or justice, Vega is interested only in illegally defeating Michael Elbery and any of his civil cases and Conspiring to have Elbery falsely thrown in jail.
Presiding Judge of the Chicopee District Court, S. Vega, lurks and waits for the Chicopee Police operative at Windsor Court Apartments, where Michael Elbery lives, to fabricate evidence, so Vega can throw Michael Elbery in Prison on a phony 258E Restraining Order charges.
Elbery's Motion to Recuse Judge Santabella Vega of the Chicopee District Court in Heard
On October 4, 2022 Judge Santebella Vega of the Chicopee District Court finally heard and made a decision on Michael Elbery's "Motion to Recuse" Vega from his cases because she has demonstrated bias against Elbery and quite simply hates Michael Elbery and Elbery's quest for justice in the Kangaroo Courts of Massachusetts.
During the Recusal Hearing Vega asked Michael Elbery his legal grounds for her Recusal from his cases. Elbery stated, "read the Motion." Judge Vega persisted that Michael Elbery tell her the grounds again during the Zoom hearing. Elbery stated that "you, (Vega), don't like me as you have demonstrated in this case, Haddad Toyota, and the Frazier case." Vega made a mistake and rebutted that "you (Elbery) asked me to recuse myself from the Frazier case and I did recuse myself from the Frazier Case."
Michael Elbery really Zoomed Judge Bethesda Santabella Vega when he corrected Vega stating that he never asked Vega to Recuse herself on the Frazier Case. Elbery reminded Judge Vega that she unilaterally recused herself from the Frazier case because she was "good friends with the defendant's second attorney on the Frazier case, Tetreault". Elbery also highlighted that Judge Vega recused herself from the Frazier case because of her friendship with the defendant's attorney, Tetreault, after Tetreault had been defending the Frazier Case for 18 months before Vega's recusal!!?? Only in a Kangaroo Court!!
That means all Judge Vega's 18 months of decisions on the Frazier case were illegal and a violation of law.
For more detail on Vega's court go to "Illegality of Mass. G.L. C. 258E R.O. &Court of Judge S. Vega p.4-6.
Judge Vega's memory was Refreshed and she conceded to Elbery that he was correct and she admitted that she had recused herself on the previous Frazier Case because of Tetreault. But Vega was most emphatic and stated that the reason for her recusing herself "was not because she was friends with Tetreault" but because they "both worked for the District Attorney's Office at the same time". Vega was firm when she said, "I was not a friend of Tetreault's." Michael Elbery believed that much (wasn't friends with Tetreault), that Vega said during that Zoom Hearing concerning her recusal from Elbery's cases.
More Grounds for Judge Vega's Recusal & Vega Contradicts herself
Then Vega got Confused during the hearing after Elbery told her that she has to "as a matter of law" recuse herself from his cases because he has publicly criticized Judge Vega for her illegalities. Vega replied, "who did you criticize me to" and Elbery replied, "read the motion." Vega said, "if you are talking about "Social Media" (MassInjustice.Org), I don't do "Social Media". Vega then changed her story in contradiction and claimed that the reason she recused herself from the Frazier Case was because "you (Elbery) are known to be Aggressive." And that's called catching a Judge fabricating to feebly attempt to cover-up the fact that she was making illegal decisions on the Frazier Case with Tetreault as the defense attorney before she recused herself.
Vega also made a decision on the Frazier case after recusing herself from the case.
Wait a minute, Vega, if its Elbery's 71 year old worth of Aggression that caused your Recusal, then, you should recuse yourself again on this Haddad case because I am the same. See this article of MassInjustice.Org.. Aggressively crusading your rights should not be grounds for a Judge's recusal, and it wasn't; that was just something Vega made up and got caught fabricating.
However, Judge Vega has refused to recuse herself from Elbery's cases because she is Conspiring to falsely throw Michael Elbery in Jail with a phony Restraining Orders.
By the way Judge Vega, this web site www.MassInjustice.Org is the Internet not a subset of the Internet called "Social Media". I address plenty of Social Issues on that Web Site though, you won't be disappointed.
After correcting Vega she cut me off the Zoom Conference (not just muted like almost every other Zoom Hearing of this Haddad Case).
Judge Santabella-Sangria Vega Presiding at the Chicopee District Court - Continues her Hunt of Anglo-Saxon Michael Elbery
Judge Vega was defeated in her plan to imprison Michael Elbery with an illegal C. 258E Restraining Order. But Vega and her Jew Co-Conspirators have circumstances in their favor and will again try to frame Michael Elbery with a phony C. 258E Restraining Order. How?
Again, at September 2022, there is an empty apartment next door to Michael Elbery's apartment in Apartment Complex where Michael Elbery lives in Chicopee, Mass.. This is the same apartment that Jasmine Ferriar and her boyfriend were placed in by the landlord Lester Seidman. This same apartment has been empty for an unusually long 4 months and they don't show it to prospective tenants, while at the same time showing prospective tenants other vacant apartments and renting those other vacant apartments. They are just waiting to place the right "operative" in that vacant next door apartment by recruiting known trouble makers from their other 5 apartment complexes. The operative will cause impossible living conditions for Elbery and then falsify evidence so to obtain, as planned, a C. 258E Restraining Order in Judge Vega's Chicopee District Court. The operative will immediately fabricate that the conditions of Judge Vega's C. 258E Restraining Order were violated and Vega will immediately falsely throw Michael Elbery in jail.