Hello, I am what I believe to be a Legal Tenant by the Unruh Civil Rights Act pursuant CA Code §51(a), §51.3(b)(1)(2)(a)(b)and (4) in a Senior Citizen Housing Development. It becomes the Jurisdiction of the Supreme Court according to CA Code §51.1 for violation of any of these rights. A few years back I moved into an Apartment that had an original Written Lease in 1975 and another that expired in 1985 to an 81 year old friend, by his request, to help him get through life a little easier along with his Health Care Provider, employed by the State of California. We lived together for a while very well, but unfortunately my friend, who has suffered from a stroke 30 years ago could not walk anymore. His apartment is on the third floor of a building with no elevators which makes him "House Bound". He went into rehab 8 months ago and he has improved, but still cannot walk. He wants to and can be released to us on the third floor, but it doesn't make any sense economically, socially, or by Health Care ethics, to bring him back home where he wants to be. I have the responsibility of the Durable Power of Attorney for his living conditions and it is difficult right now to make a decision concerning the Unlawful Detainer and Small Claims Court issues that are now in progress.
The current Management who is hired by the Corporation who leases the Property that we reside on from the City has filed an Unlawful Detainer to evict us based on what they believe to be illegal Tenants and a Tenant who doesn't live there anymore. The property has been transferred to the Mayor's Housing Redevelopment Department and is exempt from the local Rent Board Jurisdiction that would have resolved both Housing issues without the Courts. It seems disrespectful of my responsibilities to my elderly friend to not fight for him in Civil Court for some money to relocate with, because he has been a Tenant in good standing for almost 40 years and my Tenancy is legit based on the fact that his last Rental Agreement in 1985, which makes us all a Month to Month Tenancy, states that two additional adults can occupy the unit without additional costs. The Management at the time was notified in writing and did not say anything to the contrary but refused us Parking in the Garage that was granted in writing and used by my friend for 25 years. I have suffered $10,000 in Parking Tickets, Towing, Impound, and Vandalism from parking outside of the protected Garage that I am personally taking the Corporation to Small Claims Court in a few days to collect. The Management Company claims no responsibility to the Parking discrimination case and wants to settle, with no money, with all of us to vacate the Apartment, or we go to Court to defend my elderly friend from becoming homeless with no money and my Legal Tenancy challenged. The legal Tenancy is the Cause of Action of my discrimination case in Small Claims Court. I can't settle and admit illegal Tenancy in a Civil matter and expect to win in Small Claims. At the same time, I don't want to get an eviction on my record hoping to get money for an unfair Eviction of a Tenant with a good history.
I don't know if I should commit to a signed settlement agreement or fight in Civil Court with enough documentation and legal statue on my side and expect to win. I also have questions concerning who is the right Defendant in the Parking case. Should I go after the Management Company at that time also instead of just the Corporation. Please shed some light. Thank You for your Input
The current Management who is hired by the Corporation who leases the Property that we reside on from the City has filed an Unlawful Detainer to evict us based on what they believe to be illegal Tenants and a Tenant who doesn't live there anymore. The property has been transferred to the Mayor's Housing Redevelopment Department and is exempt from the local Rent Board Jurisdiction that would have resolved both Housing issues without the Courts. It seems disrespectful of my responsibilities to my elderly friend to not fight for him in Civil Court for some money to relocate with, because he has been a Tenant in good standing for almost 40 years and my Tenancy is legit based on the fact that his last Rental Agreement in 1985, which makes us all a Month to Month Tenancy, states that two additional adults can occupy the unit without additional costs. The Management at the time was notified in writing and did not say anything to the contrary but refused us Parking in the Garage that was granted in writing and used by my friend for 25 years. I have suffered $10,000 in Parking Tickets, Towing, Impound, and Vandalism from parking outside of the protected Garage that I am personally taking the Corporation to Small Claims Court in a few days to collect. The Management Company claims no responsibility to the Parking discrimination case and wants to settle, with no money, with all of us to vacate the Apartment, or we go to Court to defend my elderly friend from becoming homeless with no money and my Legal Tenancy challenged. The legal Tenancy is the Cause of Action of my discrimination case in Small Claims Court. I can't settle and admit illegal Tenancy in a Civil matter and expect to win in Small Claims. At the same time, I don't want to get an eviction on my record hoping to get money for an unfair Eviction of a Tenant with a good history.
I don't know if I should commit to a signed settlement agreement or fight in Civil Court with enough documentation and legal statue on my side and expect to win. I also have questions concerning who is the right Defendant in the Parking case. Should I go after the Management Company at that time also instead of just the Corporation. Please shed some light. Thank You for your Input
