self -represented in court, outsmarted by other side attorney. Injustice happened! Can I sue him now. I have evidence to prove wrongly evicted.
My boyfriend and I were released from an apartment lease this summer… basically we found out one of our roommates was doing heroin, ALL the time, in the apartment and what not… We moved out, continued paying rent, found out the other two had stopped paying their rent and we were about to all be evicted. The leasing company agreed to let us out of the lease if the other 2 roommates signed a roommate release (which they did because they knew they were the ones defaulting on rent and he was doing drugs) and if we paid off their entire outstanding rent balances (which we did and they signed a loan payment plan as well– this also gave them another month to stay on the lease and come up with rent money to continue living there). The leasing company was given the signed roommate release forms along with all the money they asked for and signed receipts for the money saying “ending lease apartment # blah blah” with my boyfriend and I’s name. Anyways, those 2 ended up getting evicted and getting summoned to court in Sept. They did not show to court and have a default hearing tomorrow (dec 22) but now, those 2 as well as my boyfriend and I are being summoned to court next week, for eviction and money. My boyfriend and I are going to show up with all of our paperwork but my main question is…. How can those two have already been sent to court twice over this property and now we are added to a whole new case number, regarding the same property? Is this something the leasing company squirmed in and if so, is there someones attention we should bring this to at the court?- the fact that those 2 were already evicted and summoned to court twice over this property? Honestly, the amount they are suing us for, I have no idea where they got that number from, other than maybe those two’s late fees and a month possibly of rent. Thx!
My landlord recently went into my apartment, changed the locks, and took everything I own.
After I hired an attorney, my landlord admitted that he did not in fact ever go to court to evict me and had no legal reason. After lawyer filed a case against him in court, landlord became scared and agreed to meet me to return my belongings.
However, he has failed to do so. And under the law, it meets every single definition for theft of property.
I have tried to file a report for theft of property 3 times.
Every time I get a police officer to listen, he calls the landlord, who flat out LIES to the officer and tells him that he has a warrant of eviction (i.e. legal permission to remove my things). But the officer never presses him to produce official proof (index number) and takes him at his word and tells me they will not let me file a report for stolen property because the landlord legally evicted me. They then tell me it me MY job to to prove to them I was not evicted!
John R- I am already suing in civil court. I would like them punished in criminal court was well, which is why I am attempting to file charges.
Also, the landlord is not putting any agreement in writing. The offer to return my things is a stall tactic….every time we are due to meet, they never show up. I believe they have already disposed my property.
Also, please do not tell me to have my attorney do anything. I am paying $500 dollars an hour to him! I can’t afford to ask him to do addtional work for me right now….that’s why I asked what to do on here.
The forms to file a Breach of Contract case are: 1. Complaint-Contract; 2. Cause of Action-Breach of Contract; 3. Cause of Action-Intentional Tort; 4. Cause of Action-Common Courts, and 5. Cause of Action-Fraud. The court dismissed the case reading: Plaintiff’s Motion for Breach of Contract, Written, and Request for Effective Written Agreement in Support of Demurrer of Plaintiff is deemed opposition to defendant’s demurrer. Defendant (their name) demurrer to the complaint is sustained without leave to amend as to that defendant. The Court, on its own motion, without leave to amend, strikes the complaint. The Court finds that the complaint is not drawn in conformity with the laws of this state, and there is no possibility plaintiff can amend the complaint to state a viable cause of action. Because of this Courts wrongful decision, it will cause me 7 years of this wrongful eviction. The Breach of Contract case to me was totally and absolutely ignored and avoided; and was switched over to a case of Demurrer case. How can the Court finds that the complaint is not drawn in conformity with the laws of this state, When all this took place in Los Angeles, CA where I and the defendant live and the Court is here too? My question is how must I reopen this case just on the ground of Breach of Contract alone, leaving absolutely no room or question for a demurrer or anything else. Last of all, how can you lose a case, having 100% of the evidence and exhibits, Etc. Perhaps get Jury Trial?
The case was within the stutute of limitation. The case was dismissed; but the eviction I am suffering for being on my record for the next 7 years. Funny that was not dismissed. The defendant lied and the court brought absolutely everything they said; nothing I filed or said was not worth nothing at all, this I do know of. Frankly speaking, it was meant for me to lost this case, and out to the street or wherever is where you’re going.