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Does this settlement prevent further actions? Unlawful Eviction

Discussion in 'Other Residential Landlord & Tenant Issues' started by danielshays, Mar 25, 2014.

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  1. danielshays

    danielshays Law Topic Starter New Member

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    My girlfriend had an unlawful detainer filed against her by her landlord. He affirmative defenses were retaliation based on several complaints regarding habitability and code violations to the landlord and several state agencies. She also contended they intentionally infringed on her 1st Amt. rights to free speech and assembly because they scheduled an unnecessary inspection during a time she told them she planned to participate in a tenants' rights rally on the capitol. She also claimed Unruh violations because she made disability accommodation requests that they didn't respond to. Her evidence was compelling and they failed their obligations to discovery (their lawyer kept claiming he had evidence in his office even a day before trial). Nevertheless, during mandated arbitration they agreed to drop the eviction if she waived "her claims to retaliation and habitability raised in the answer" [written by pen in the margins of the settlement agreement. She agreed. We have a child that lives with her and I am NOT a tenant in this apartment. I did not know about, nor agree to this settlement. It was her intent and understanding that she was waiving her claims to retaliation and inhabitablity raised in the answer which are about half the claims. It was never her intent nor understanding that she was waiving our sons causes of action. She thought it was illegal to waive a child's claims. There was also no language in the settlement to that effect.

    1. Can I sue on behalf of my son for retaliation and habitability? My girlfriend signed a settlement saying she would drop HER claims of retaliation and habitability, not his. Also, I was not a party to this agreement, nor was my son, so shouldn't I be allowed to recover his injury from the landlord's numerous malfeasances?

    2. Probably by mistake, her lawyers failed to mention her claims to disability accommodations or 1st Amt violations in their settlement. Can she still sue for 1st Amt and Unruh Violations despite her settlement stipulation to "drop claims of retaliation and inhabitability raised in the answer"?
     
  2. army judge

    army judge Super Moderator

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    Can you bring a legal action against someone for a perceived transgression against your minor child?
    Yes, you can.

    Will you prevail?

    You let us know, okay.
     
  3. Proserpina

    Proserpina Moderator

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    I have a couple of questions.

    1. When did this take place?

    2. Did she actually request REASONABLE accommodations under ADA? What did she need versus what she asked for?
     

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