Tenants were served with three-day eviction notice but there were numerous problems with the notice. We were able to get the case dismissed by objecting to the propriety of the notice, arguing that the version of the notice served wasn't filed, that the tenants tendered rent within the three-day period, and other objections. The case was voluntarily dismissed.
Landlord & Tenant
Jan 12, 2010
In what should have been a straight-forward 60-day notice eviction, the defendant raised a defense of retaliatory eviction. She based this on complaining about the premises to the City of Santa Rosa, despite the fact that the notice was served before any complaints, that the violations were all minor, and that she hadnt paid her rent since November.
We were prepared to easily knock this defense down at trial. The defendant initially insisted that she was entitled to thousands of dollars from my client (something about being charged for a two-bedrom instead of a one bedroom) but in talking to the mediators quickly agreed to vacate but she wanted something like three months. We said two weeks and the matter came back on for trial.
The defendant announced she had requested a jury trial and I informed the court that we had not received notice of this request nor had she filed a proof of service. The judge called the mediator to conference and then announced he was sending the matter back out for mediation.
Ultimately, we agreed to two more weeks in exchange for a mutual release, waiver of security deposit rules, application of security deposit to rent, and so on.
Hard fought, but a win-win. (plus a win for the court for dodging a jury trial)
Petaluma Theater District v. Teaspots
Stipulation for Judgment
Teaspots was a tea shop business that folded during the recession. They were being sued for over $100,000 for breach of lease. While the company had virtually no assets, there was a decided risk that the landlord would attempt to pierce the corporate veil and go after the shareholders/proprietors home. The solution was to work informally with the landlord's attorney to present all the financial information that would convice them of this fact. We eventually opted for a stipulation for judgment as the most cost-effective way to handle the situation, both sides knowing that the judgment was unenforceable.
people v polanco
criminal case on charge of possessing fake drivers license. in fact, my client was the victim of a scam in which he was told he was getting a legit license. da dismissed the case