Adding insult to injury, in addition to refusing to repair the damage, Traton cited Mr.

Moses' damaged yard as being in violation of the subdivision Covenant.16 In other words, Traton damaged Mr. Moses' yard, and then cited that very damage as a violation of the Covenant.

16

Admitted by Defendant, Traton's Second Admissions, ¶¶ 25 and 27 through 55.

Given Traton's unreasonable posture, Mr. Moses filed a complaint with the Better Business Bureau ("BBB"),17 in which Mr. Moses expressly noted the destruction of his yard.18

17 18

Admitted by Defendant, Traton's First Admissions, ¶ 31. Admitted by Defendant, Traton's Second Admissions, ¶¶ 116 through 118.

Rather than calling Mr. Moses to discuss these issues, Traton responded to Mr. Moses through its attorneys,19 and demanded that Mr. Moses stop contacting Traton.

19

Admitted by Defendant, Traton's First Admissions, ¶ 33.

Since Traton neither promised to fix the damage that it had caused, nor promised to refrain from further entering onto Mr. Moses' property, Mr. Moses filed this lawsuit in Cobb County Superior Court on October 13, 2005.20

20

Admitted by Defendant, Traton's First Admissions, ¶ 34. See, also, Complaint.

As a courtesy, a copy of the Complaint was emailed to Traton's attorney on October 13, 2005,21 and Traton was aware of this lawsuit by October 14, 2005.22

21 22

Admitted by Defendant, Traton's First Admissions, ¶ 35. Admitted by Defendant, Traton's First Admissions, ¶ 36.

Despite being aware of this lawsuit, and despite knowing that the subjectmatter of this lawsuit included damage to Mr. Moses' yard,23 Traton nevertheless directed its agents to enter onto the damaged portion of the yard24 and tamper with the evidence.25

23 24

See, Defendants' Request for Entry Onto Land to Inspect, Exhibit K.

Admitted by Defendant, Traton's Second Admissions, ¶¶ 133 through 138. See, also, Letter from Traton, January 13, 2006, Exhibit L ("Traton directed that an individual stand in the grass allegedly damaged to photograph the degree of 'damage' . . ."). See, Pictures from Traton, Exhibit M (showing Traton agents mowing Mr. Moses' lawn). See, also, Email Message from Traton to its Attorney, October 19, 2005, Exhibit N ("The first six pictures are before pictures taken 10/14/05, the last 9 were taken this morning." A comparison of the before and after pictures shows that Traton's agent tampered with the evidence and manipulated the very subject-matter of this litigation).
25

Traton photographed the subsequent entry and their tampering with the evidence,26 and those photographs were sent to Mr. Moses by Traton's attorneys.27

26 27

Admitted by Defendant, Traton's Second Admissions, ¶¶ 133 through 138. Admitted by Defendant, Traton's Second Admissions, ¶ 143.