Kenneth Herbert Carlson

Thanks to Ken, I was so well prepared for the case that my landlord didn't even bother opposing my Demurrer and instead requested dismissal at the Demurrer hearing! First, I challenged the court's jurisdiction based on the the defective notice with a Motion to Quash (Motion only failed because the ...court's electronic filing system closed early on me at the filing deadline [don't wait til last moment to file your pleadings!]) With the defective notice in what was a no fault "just-cause" Unlawful Detainer or Eviction case, the accompanying Complaint and Mandatory Covid-19 Cover sheet failed to list any exemption to the Tenant Protection Act ("TPA") and in fact said I was both covered by the Act and was NOT covered by the Act. Landlord even claimed an exemption from the Act but did not list it anywhere on the Notice or Complaint or Mandatory Covid-19 Cover Sheet. The Landlord's lawyer was not updated on the new TPA law and erroneously claimed they needed no reason to evict a tenant of 5 years. And with the lease even stating that "Just Cause" language was required on the notice where required by law, which it is under the TPA, Landlord missed this one as well. And after complaining about habitability issues and lease clauses that were violations of the California Fair Employment and Housing Act, the Landlord retaliated and sued me despite our agreement to not litigate and my voluntary agreement to move out a few moths earlier. Then Landlord fires me from my four year job as quasi property manager that after two years earlier, locking the water supply to our agreed upon once a week car washings for my driving jobs. Even more incredible, this man let a tenant of another race have a cat , but forced me to return my cat; heartbroken, I did get another cat supported by the Emotional Support Animal Law in California. And when the Landlord's attorney lied about serving me with Opposition to my Quash Motion papers in my mailbox (none of the units have required mailboxes), I was able to unleash my Affirmative Defenses in the Quash hearing as a Special Appearance - thus not under the Court's Jurisdiction - which defenses normally are reserved for a person who is under the Court's Jurisdiction during a Demurrer or in the Answer. Doing so, does reveal some of your legal strategy for the trial, but with Ken's consulting and encouragement - my defense was sound and I knew Landlord could not defeat me! Now, I must reveal that I am a retired research attorney, but knew nothing of California Eviction Law. Had to study my butt off for three months - Unlawful Detainers move fast and it is definitely not small claims court. Very complex; but, if you can follow Ken's system and are willing to work hard, you can prevail! So, my next strategy was to file for Injunctive and Declaratory relief at the Quash stage as I was most likely to win my case and needed future guidance in rent reduction due to car was expenses for his breach of our agreement and statutory damages moving forward due to the self-help utility water lockout. Per Statute, two years at $100 a day adds up ($73,000!). Even an equitable penalty of two years at $100 per week ($10,400) surely freaked out the Landlord. Then the damaging e-mails of encouraging me to move and that it was safer to be out of the crowded apartment and that with my new car, I could surely afford to move (in reality, my Mercedes is 20 years old and part of my insurance settlement from my totaled new Jeep that was worth three times as much). Followed by Landlord's pity letter of how he takes care of his family and in-laws and money is tight and he can rent my room for a lot more than $500 a month. The GULL! And finally to boot, libels and defames me saying I was an unqualified Tenant to begin with! Well, if you you rate me on my 703 up and down credit rating, maybe. But five years of near perfect rent payments says otherwise. OK enough - now we get ready to sue him. THANKS KEN!