Martha I.O. Mogaji v. Tom Chan, Rosa Chan, TRC Trust, Nan King Restaurant, 2022 DNH 126 (2022)

Citation: Martha I.O. Mogaji v. Tom Chan, Rosa Chan, TRC Trust, Nan King Restaurant, 2022 DNH 126 (2022)
Parent Document: Martha I.O. Mogaji v. Tom Chan, Rosa Chan, TRC Trust, Nan King Restaurant, 2022 DNH 126 (2022)
Jurisdiction: New Hampshire (state)
Effective Date: 2022-10-07
Original Source: https://www.courtlistener.com/opinion/10697065/martha-io-mogaji-v-tom-chan-ro... ↗

Full Text

1,673 chars

27
           Ms. Mogaji’s reliance on the state court’s January 15, 2019 order granting her seven
additional days to remove her possessions is misplaced for two reasons. First, the evidence at
trial demonstrated that Mrs. Chan was prepared to allow Ms. Mogaji additional time, but that
Ms. Mogaji did not avail herself of the opportunity. See Def. Exh. M; pltf. Exh. 17(b). Second,
the issuing court vacated its own order on February 12, 2019, after concluding it did not have
jurisdiction to grant relief in a commercial lease dispute. As such, the original order was invalid
from its inception. See Cooperman v. MacNeil, 123 N.H. 696, 700, 465 A.2d 879, 881 (1983)
(“any action taken by a court without jurisdiction is void and may be challenged at any stage of
the proceedings.”); see also In re Sculley, 153 N.H. 178, 180-81, 890 A.2d 914, 915-16 (N.H.
2006) (vacating lower court’s order enforcing child support decree issued without jurisdiction);
Hussey v. Town of Barrington, 135 N.H. 227, 232, 604 A.2d 82, 85 (1982) (variance issued
without jurisdiction was “invalid and of no effect; it conferred no rights upon [the party receiving
it], as it was void from the very date on which it was issued.”).
       28
         Ms. Mogaji also failed to introduce any evidence or make any argument that the
defendants violated the “rascality test” applied to acts not specifically delineated in the statute.
See Fat Bullies Farm, LLC v. Devenport, 170 N.H. 17, 24, 164 A.3d 990, 995-96 (2017) (“Under
                                                10
       E.      Conversion
       In Count 5, Ms. Mogaji claims the defendants committed conversion when they failed to

Other Sections in This Document (176)

Full Text