Aggreived1
New Member
- Jurisdiction
- California
Please forgive me for the LONG post (and duplication to 2 sections of this forum). I felt it would be appropriate to post in two different sections due to the potential for the issue to be considered under more than one branch of law.
After a breach of contract dispute with my co-tenants (medical professionals), with whom I share office space (WHO ARE ALSO MY LANDLORDS), I am subject to an arbitration award which states that I must vacate the premises within 30 days of the final award (an award, I will add, that was obtained fraudulently). Despite the award itself bearing a date of June 1st, it was served electronically on June 3 (as evidenced by the signed declaration of service).
Today I received a message from one of my co-tenants (also, my landlord remember), which stated that the locks on the building (and into the office suite) have been changed and if I want to recover my personal belongings, I would have to arrange a time during business hours to do so. The message includes details of the contents of my locked private office, which indicate that they have entered it without my permission (and without notice as my landlords).
The binding arbitration award has not been confirmed, and I am not sure they have any authority to take such actions against me, until it is (even if they had waited until July 4th to do so). Given that 30 days has not yet elapsed, this action is illegitimate by order of the award and I should be entitled to enter my office at my discretion (without such entry being subject to their permission or any constraints they seek to impose upon me), at least until July 3rd. They have violated my privacy and illegally seized control of my personal belongings.
Even if the June 1 date (printed in the award) was controlling in determining the beginning of the 30 day period, I would have until the end of the day to enter my office and retrieve my belongings. However, I am of the belief that June 3rd (the date of service of the award) determines the start of the 30 day period and I should have until July 3 to enter the premises as I see fit.
They are also actively interfering in my access to my patient records and my ability (and obligation) to serve my patients (which subjects me to, potential, professional liability). I believe this amounts to tortious interference by my co-tenants. I believe their entry into my private office is also illegal under California law regarding landlord-tenant leases of commercial property.
These people are not reasonable, so any suggestion to attempt to negotiate with them is not helpful. I have attempted to contact attorneys to enforce my rights, but have not been able to speak to anyone yet.
When contemplated as an action contrary to the arbitration award, what options does this afford me? What can I do to enforce my rights to enter my office, immediately? What do I need to do to secure any, potential, advantages this may afford me?
When contemplated as an illegitimate action by my landlords (without giving me appropriate notice), barring me from access to my possessions and as an invasion of my privacy, in violation of California law (I assume), what can I do to assert my rights to access my office immediately and secure my possessions? They own the building as an LLC, independent of any association with themselves professionally, and independent of the arbitration clause in our professional agreement. Can I hold them liable?
When contemplated for the professional ramifications, I believe this to be an act of tortious interference, and not subject to the arbitration agreement, which covers "disputes" generally, but does not mention torts. I know I need (another) attorney (and I have been trying to find one for weeks, with little luck so far), but I need advice, immediately, while it still matters.
Any advice (from the different perspectives) would be greatly appreciated.
Thank you for you consideration!
After a breach of contract dispute with my co-tenants (medical professionals), with whom I share office space (WHO ARE ALSO MY LANDLORDS), I am subject to an arbitration award which states that I must vacate the premises within 30 days of the final award (an award, I will add, that was obtained fraudulently). Despite the award itself bearing a date of June 1st, it was served electronically on June 3 (as evidenced by the signed declaration of service).
Today I received a message from one of my co-tenants (also, my landlord remember), which stated that the locks on the building (and into the office suite) have been changed and if I want to recover my personal belongings, I would have to arrange a time during business hours to do so. The message includes details of the contents of my locked private office, which indicate that they have entered it without my permission (and without notice as my landlords).
The binding arbitration award has not been confirmed, and I am not sure they have any authority to take such actions against me, until it is (even if they had waited until July 4th to do so). Given that 30 days has not yet elapsed, this action is illegitimate by order of the award and I should be entitled to enter my office at my discretion (without such entry being subject to their permission or any constraints they seek to impose upon me), at least until July 3rd. They have violated my privacy and illegally seized control of my personal belongings.
Even if the June 1 date (printed in the award) was controlling in determining the beginning of the 30 day period, I would have until the end of the day to enter my office and retrieve my belongings. However, I am of the belief that June 3rd (the date of service of the award) determines the start of the 30 day period and I should have until July 3 to enter the premises as I see fit.
They are also actively interfering in my access to my patient records and my ability (and obligation) to serve my patients (which subjects me to, potential, professional liability). I believe this amounts to tortious interference by my co-tenants. I believe their entry into my private office is also illegal under California law regarding landlord-tenant leases of commercial property.
These people are not reasonable, so any suggestion to attempt to negotiate with them is not helpful. I have attempted to contact attorneys to enforce my rights, but have not been able to speak to anyone yet.
When contemplated as an action contrary to the arbitration award, what options does this afford me? What can I do to enforce my rights to enter my office, immediately? What do I need to do to secure any, potential, advantages this may afford me?
When contemplated as an illegitimate action by my landlords (without giving me appropriate notice), barring me from access to my possessions and as an invasion of my privacy, in violation of California law (I assume), what can I do to assert my rights to access my office immediately and secure my possessions? They own the building as an LLC, independent of any association with themselves professionally, and independent of the arbitration clause in our professional agreement. Can I hold them liable?
When contemplated for the professional ramifications, I believe this to be an act of tortious interference, and not subject to the arbitration agreement, which covers "disputes" generally, but does not mention torts. I know I need (another) attorney (and I have been trying to find one for weeks, with little luck so far), but I need advice, immediately, while it still matters.
Any advice (from the different perspectives) would be greatly appreciated.
Thank you for you consideration!