On March 28, 2022 a
Motion-Secondary
was filed
involving a dispute between
Ansonia Acquisitions I, Llc D B A Woodcliff Estates,
and
Annette Rodriguez,
for H00 - Housing - Summary Process
in the District Court of Fairfield County.
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HFH-CV22-6019756-S Superior Court
Ansonia Acquisitions I,LLC, Housing Session
d/b/a Woodcliff Estates (80 Washington Street
Hartford, CT 06106)
v.
Annette Rodriguez July 7th, 2022
Defendant Annette Rodriguez's PB §10-30(c) Memorandum of Law
In Support of her Motion to Dismiss
Pursuant to Practice Book [PB] Rule §10-30(c) and other law, Defendant Annette
Rodriquez files this Memorandum of Law in support of her Motion to Dismiss Plaintiff's
summary action due to PB §10-33 non-waivable lack of subject-matter jurisdiction
based on a factual finding of Plaintiff's acceptance of Defendant's tendered rent
payments BEFORE Plaintiff's issuance of Notice to Quit [NTQ] in accordance with PB
§10-30(c) Affidavit "as to facts not apparent from the record."
I. Facts:
1. -13: Defendant adopts and re-states the facts as stated in paragraphs 1
through 13 as if more fully set forth in the underlying Motion to Dismiss as if more
fully set forth herein:
II. Argument and the Law:
Practice Book §10-33 entitled, "--Waiver and Subject Matter Jurisdiction"
provides:
Any claim of lack of jurisdiction over the subject matter cannot be
waived, and whenever it is found after suggestion of the parties or
otherwise that the court lacks jurisdiction of the subject matter, the
judicial authority shall dismiss the action. [Emphasis added]
Page 1 of 3
The undersigned submits that Plaintiff rendered it NTQ dated February 28, 2022
defective by accepting the Defendant's payment of January/February 2022 rent on
February 18, 2022, some 18 days BEFORE the NTQ was dated and served.
Please see Centrix Management Company, LLC v. Estephanie Valencia et at, AC
32625, 132 Conn. App. 582 (2011) which upheld the trial court's dismissal of a
summary process action after holding a PB §10-31(b) evidentiary hearing based the
Plaintiff's defective NTQ.
The undersigned submits that Plaintiff NTQ in the instant case is defective because it
was issued on February 28, 2022, some 18 days after Plaintiff "book" Defendant's
January/February 2022 payments, including the Defendant's timely rent payment on
February 1oth, 2022
WHEREFORE: The Defendant hereby requests a PB §10-31(b) "evidentiary
hearing" (if Plaintiff's counsel fails to voluntarily withdraw this summary process
action) and (i) prays the court to entertain her PB §10-30(a)(1) Motion to
Dismiss, and (ii)Dismissal of the above action based PB § 10-33, entitled "---
Waiver and Subject Matter Jurisdiction" due to Plaintiff's acceptance ((including
recording or "booking" (on and before February 10th , 2022)) of January/February
T~t:tix,
2022 Rent BEFORE its counsel's issuance of the ~T/ )n February 28, 2022.
Respectfully submitted 9'1i11w
John L. Giulietti 022807
John L. Giulietti, Attorney for
Defendant Annette Rodriquez
Page 2 of 3
Certification of Service
Pursuant to P.B. §10-12 et seq, I hereby certify that foregoing was e-mailed to:
Phoops@hoopslaw.net
and via US Mail/manual-delivery to Annette Rodriquez, 115 Nutmeg Lane, Apt 223,
East Hartford, CT 06118
Document Filed Date
July 07, 2022
Case Filing Date
March 28, 2022
Category
H00 - Housing - Summary Process
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HFH-CV22-6019756-S Superior Court Ansonia Acquisitions I,LLC, Housing Session d/b/a Woodcliff Estates (80 Washington Street Hartford, CT 06106) v. Annette Rodriguez July 7th, 2022 Defendant Annette Rodriguez's PB §10-30(c) Memorandum of Law In Support of her Motion to Dismiss Pursuant to Practice Book [PB] Rule §10-30(c) and other law, Defendant Annette Rodriquez files this Memorandum of Law in support of her Motion to Dismiss Plaintiff's summary action due to PB §10-33 non-waivable lack of subject-matter jurisdiction based on a factual finding of Plaintiff's acceptance of Defendant's tendered rent payments BEFORE Plaintiff's issuance of Notice to Quit [NTQ] in accordance with PB §10-30(c) Affidavit "as to facts not apparent from the record." I. Facts: 1. -13: Defendant adopts and re-states the facts as stated in paragraphs 1 through 13 as if more fully set forth in the underlying Motion to Dismiss as if more fully set forth herein: II. Argument and the Law: Practice Book §10-33 entitled, "--Waiver and Subject Matter Jurisdiction" provides: Any claim of lack of jurisdiction over the subject matter cannot be waived, and whenever it is found after suggestion of the parties or otherwise that the court lacks jurisdiction of the subject matter, the judicial authority shall dismiss the action. [Emphasis added] Page 1 of 3 The undersigned submits that Plaintiff rendered it NTQ dated February 28, 2022 defective by accepting the Defendant's payment of January/February 2022 rent on February 18, 2022, some 18 days BEFORE the NTQ was dated and served. Please see Centrix Management Company, LLC v. Estephanie Valencia et at, AC 32625, 132 Conn. App. 582 (2011) which upheld the trial court's dismissal of a summary process action after holding a PB §10-31(b) evidentiary hearing based the Plaintiff's defective NTQ. The undersigned submits that Plaintiff NTQ in the instant case is defective because it was issued on February 28, 2022, some 18 days after Plaintiff "book" Defendant's January/February 2022 payments, including the Defendant's timely rent payment on February 1oth, 2022 WHEREFORE: The Defendant hereby requests a PB §10-31(b) "evidentiary hearing" (if Plaintiff's counsel fails to voluntarily withdraw this summary process action) and (i) prays the court to entertain her PB §10-30(a)(1) Motion to Dismiss, and (ii)Dismissal of the above action based PB § 10-33, entitled "--- Waiver and Subject Matter Jurisdiction" due to Plaintiff's acceptance ((including recording or "booking" (on and before February 10th , 2022)) of January/February T~t:tix, 2022 Rent BEFORE its counsel's issuance of the ~T/ )n February 28, 2022. Respectfully submitted 9'1i11w John L. Giulietti 022807 John L. Giulietti, Attorney for Defendant Annette Rodriquez Page 2 of 3 Certification of Service Pursuant to P.B. §10-12 et seq, I hereby certify that foregoing was e-mailed to: Phoops@hoopslaw.net and via US Mail/manual-delivery to Annette Rodriquez, 115 Nutmeg Lane, Apt 223, East Hartford, CT 06118