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DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Carrasco v. THOMAS D. WALSH, INC., 988 A.2d 471 (2010)

Citation
Carrasco v. THOMAS D. WALSH, INC., 988 A.2d 471 (2010)
Parent Document
Carrasco v. THOMAS D. WALSH, INC., 988 A.2d 471 (2010)
Jurisdiction
DC (municipal)
Effective Date
2010-01-28

Other Sections in This Document (42)

Full Text

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including both the cause and the consequences of the delay. Here, the circumstances, as alleged by Carrasco and not disputed by Walsh, were extenuating: Carrasco had lost much of his property in the eviction and was homeless; he was living out of his car; his ability to communicate in English was limited; and despite his diligent efforts he was unable to obtain legal assistance until late in 2008. The trial court faulted Carrasco for not promptly appearing in court pro se, as many aggrieved tenants do. Whether a busy judge of the Landlord and Tenant Branch of Superior Court would have perceived the possible merits of Carrasco’s claim had he appeared and tried to articulate it without legal representation is, of course, unknowable; some would be inclined to doubt it. Be that as it may, we think the trial judge unduly minimized the extent to which Carrasco’s practical ability to protect his interests following his eviction was impaired.