Being sued by a crazy homeless person who I tried to help in 2016 -- need help please

[Marina2022]

Jurisdiction

California

Hello! I need some help asap -- I was just served papers and am being sued by a homeless person who I tried to help in 2016 (she was not homeless when I helped her).

It concerns abandoned property (an old computer she abandoned and now wants back) in which the statute of limitations has run out.

I was served in WY but this happened back when I lived in Los Angeles - so its out of jurisdiction.

In short -- she had an old computer that was shutting off in 2016, I tried to help her. She gave me the computer to work on. I found out it was not fixable. I tried calling her, but she had been evicted, phone went to voicemail, then was shut off.

I could not contact her at all. Over a year later she surfaced and demanded her computer back. I did have it but it was in my storage unit because I was looking to move (buy a house out of state). I told her that and she was ok with it at the time (she said she didn't have a place to store it anyway).

Well I just got my storage unit contents up here in my new place - am looking for the computer -- but I have a lot of storage bins to unpack so it will take a while still to find.

Got served this week she's suing me for fraud? On a computer that's over 12-15 years old? That didn't work when she asked me to fix it? The account she gives is very long winded and is about 99.9% untrue. The amount she is suing for is staggering.

I need to answer the summons and need help with that. I may need some representation.

I have spent all week trying to find someone and no one seems to want or be able to help.

Can anyone please help me? I don't know what else to do.

 

[adjusterjack]

Over a year later she surfaced and demanded her computer back.

The date of that demand? Approximate will do, but be close.

The amount she is suing for is staggering.

What is the dollar amount?

And is she suing for just money, or for the return of the computer as well?

I was served in WY but this happened back when I lived in Los Angeles - so its out of jurisdiction.

Not clear. Where was the lawsuit filed? What court? Give us the city and state of the court where it was filed and whether or not in small claims court.

Understand that she can ask for the moon in her complaint and say whatever she wants to say. Kvetching about it isn't going to help.



Once you answer the above questions we'll be able to provide additional help.

 

[Marina2022]

The date of that demand? Approximate will do, but be close.



What is the dollar amount?

And is she suing for just money, or for the return of the computer as well?



Not clear. Where was the lawsuit filed? What court? Give us the city and state of the court where it was filed and whether or not in small claims court.

Understand that she can ask for the moon in her complaint and say whatever she wants to say. Kvetching about it isn't going to help.



Once you answer the above questions we'll be able to provide additional help.

She is suing for $100,000. She is also asking for the return of the 14-16 year old computer that does not work. She is asking that the computer be returned in good and working condition -- which is not possible as it was not possible to fix it.

It's a Sony Viao desktop computer, which had power issues back in 2016 that was why she wanted it fixed in the first place. Its discontinued by Sony because it was a poor design - ranks up there with Gateway computers (actually worse). They had problems with overheating, some catching on fire, power supplies burning out, motherboards burning out, and the chips on the motherboard going bad. This is why its not fixable.

I might still have it. I did put it in my storage unit, the contents of which I just got up here. I am unpacking, but so far I have not found it, but I do believe its in one of the bins.

This is filed in the Superior Court of Los Angeles (Van Nuys location). Not small claims court.

The complaint is stamped September 7, 2021.

I was just served here in Wyoming (where I live), Monday, January 31, 2022

 

[adjusterjack]

You need a lawyer who practices in Los Angeles. This is beyond any help you can get from strangers on the internet.

 

[army judge]

She is suing for $100,000.

There is no way that shebum is gonna get $100 out of, much less $100K.

If I were facing YOUR dilemma, I'd offer the shebum a small sum of money to settle.
How much?
That is up to you.
I'd throw the shebum $1,000, if she agreed to settle today (the day and moment I made the offer).

Should the she bum refuse my generous offer, I'd see her in court.

The shebum is the plaintiff.

The shebum has to PROVE her assertions.

I need prove nothing.

I don't even see how shebum can prove you ever had the broken, busted, crap computer, much less that the piece of rusted crap is worth $100,000 in 2022.

 

[PayrollHRGuy]

Any decent LA lawyer should be able to get this handled in a quick and timely manner.

 

[army judge]

Any decent LA lawyer should be able to get this handled in a quick and timely manner.

I agree, my friend.

Heck, even a loser, alcoholic, methed up freak, LA lawyer could handle the shebum's case.

 

[Zigner]

I don't even see how shebum can prove you ever had the broken, busted, crap computer...

That fact is not at issue.
But I agree that there's no way the woman is going to win based on the facts given to us.

 

[zddoodah]

I was served in WY but this happened back when I lived in Los Angeles - so its out of jurisdiction.

Not sure what you mean by "out of jurisdiction." Since the relevant acts occurred when you lived in Los Angeles, the court in California unquestionably has personal jurisdiction over you. How were you served (e.g., personally, by certified mail, etc.)?

I tried to help in 2016

When did you move out of California?

I may need some representation.

I have spent all week trying to find someone and no one seems to want or be able to help.

Can anyone please help me?

There's a "find a lawyer" link at the bottom of every page at this site. Not sure what you've done to try and find someone, but there are about a gajillion lawyers in near Los Angeles County. By the way, does the plaintiff have a lawyer?

 

[mightymoose]

If the documents that you were served give instructions on how to provide a written response, then you may want to take advantage of that process. You may be able to make this go away without much effort.

 

[zddoodah]

If the documents that you were served give instructions on how to provide a written response. . . .

They won't (at least not anything substantive). The summons form says only that the defendant has "30 CALENDAR DAYS after this summons and legal papers are served . . . to file a written response, . . . [that] [a] letter or phone call will not protect [the defendant], [that the] written response must be in proper legal form," and that forms are may be usable and are available at www.courtinfo.ca.gov/selfhelp (although the better link is www.courts.ca.gov/forms.htm).

The OP's biggest potential problem is that, if he/she left the state before the statute of limitations expired, then the clock stopped ticking, and he/she won't be able to assert a successful SOL defense. While the OP seems to have other meritorious defenses, it will be more expensive to litigation merits-based defenses.

 

[Marina2022]

From what I could tell fraud in CA is 3 years, 2 years with an oral contract. Which there was no contract - I am not a store. I am just someone who was helping someone.

But I moved in May 2021 -- So the statute would have run out either 2019 or 2020. She gave me the computer in 2016, but I see in her complaint she switched it to 2017. Either way if its 3 years, its past the statute. And if its 2 years it's definitely passed the statute.

This whole thing is so far beyond looney tunes its amazing. I just want the answer to be done right which is why I was seeking an attorney. I am surprised how hard it is to find one.

 

[Marina2022]

I moved out May 2021. So it is passed the statute. It was also abandoned property. She is homeless, on drugs, and I am sure schizophrenic (she was acting so weird the last time I saw her which was 2018? maybe). She is desperate for money.

The four times I met her in real life all she talked about was -- how she makes money suing people on behalf of other people (I think she really sues them for herself). AND... how she wanted to get a home by squatting somewhere for 6 months and then getting the home through squatters rights.

The women who was strange when I first met her, is a complete fruit bat now. Which is a shame cause she's not dumb and you can see when she had better years she wasn't bad looking either. Last time I saw her she looked like a meth addict homeless person -- like all the other homeless people roaming around in the valley (san fernando valley, in los angeles).

 

[Zigner]

I moved out May 2021. So it is passed the statute. It was also abandoned property. She is homeless, on drugs, and I am sure schizophrenic (she was acting so weird the last time I saw her which was 2018? maybe). She is desperate for money.

The four times I met her in real life all she talked about was -- how she makes money suing people on behalf of other people (I think she really sues them for herself). AND... how she wanted to get a home by squatting somewhere for 6 months and then getting the home through squatters rights.

The women who was strange when I first met her, is a complete fruit bat now. Which is a shame cause she's not dumb and you can see when she had better years she wasn't bad looking either. Last time I saw her she looked like a meth addict homeless person -- like all the other homeless people roaming around in the valley (san fernando valley, in los angeles).

The statute of limitations is an affirmative defense that will need to be raised in court. You need to speak to an attorney.

 

[Marina2022]

Let me tell ya, if you could read the complaint (she wrote it herself) it reads like a made of hollywood tv movie. I see how she managed to sue people, she has all this case law all researched then she pieces it together. I am sure at this stage she is suing everyone and every entity (company / government) she has ever encountered for other imagined crimes.

This is about 20 pages of 99.99% fiction, painting herself as a poor victim who was so abused and the other person this master criminal who preyed on her to get the computer that supposedly held all this proprietary information on the whose who in Hollywood (even though when I met her she told me she was a retired nurse). Then once I got all that info I used it to my advantage and profited of it.

The computer kept powering off in 2016. She is nuts.

 

[zddoodah]

From what I could tell fraud in CA is 3 years, 2 years with an oral contract.

The statute of limitations for fraud is 3 years and for breach of oral contract, it's 2 years. In your original post, you said this person is suing you for fraud. Are there other causes of action alleged?

But I moved in May 2021 -- So the statute would have run out either 2019 or 2020.

Agree, so the appropriate response to the complaint (assuming the running of the SOL is clear from the face of the complaint) would be a demurrer.

It was also abandoned property.

Did you comply with the abandoned property laws (e.g., giving written notice)?

Does the plaintiff have a lawyer?

 

[Marina2022]

Give written notice where?

She had been evicted, was homeless, and disappeared. The cell phone number I had for her had been disconnected.

I had no address, no idea where she was.

I might add, she is still homeless, living in a van somewhere in North Hollywood. To be able to file the complaint she did have to put down an address, so she put down the address of a church.

But at the time she disappeared from sight, I had no address and no idea where she was.

 

[Zigner]

Give written notice where?

She had been evicted, was homeless, and disappeared. The cell phone number I had for her had been disconnected.

I had no address, no idea where she was.

I might add, she is still homeless, living in a van somewhere in North Hollywood. To be able to file the complaint she did have to put down an address, so she put down the address of a church.

But at the time she disappeared from sight, I had no address and no idea where she was.

Then you serve it at that address. Really, if you can't figure this out then you need an attorney.

 

[Marina2022]

Yes I am looking for one. This web site does not seem to list any civil law attorneys which is what I thought I needed. I am going to reach out to a few general practice attorneys, perhaps they could help.

 

[army judge]

Yes I am looking for one. This web site does not seem to list any civil law attorneys which is what I thought I needed. I am going to reach out to a few general practice attorneys, perhaps they could help.

Have you considered seeking legal help from one of the law schools operating in LA County?

Most operate low cost legal clinics to assist people in your position.

There are also legal aid services available to help.

Do your due diligence.

I am only reporting these things exist.

I don't endorse or recommend anyone.

LibGuides: Find a Lawyer / Legal Aid: Pro Bono/Self-Help Clinics

Free and Low-Cost Legal Help - getting_started_selfhelp

https://law.ucla.edu/sites/default/...nty_Probations_Citation_Diversion_Program.pdf