Kenneth Herbert Carlson

The "game board" website says that you can file an Arrieta claim if the Prejudgment claim wasn't served or was served improperly. Unfortunately... if the landlord lies and says it was served and that box is checked on the writ, the Sheriff will REFUSE to accept the Arrieta claim, even if you have pro...of you couldn't have been served and the landlord is lying. The Sheriff violates your constitutional rights and makes that legal call without having the authority. Their attitude is that the "order" from the court alleges you were served and therefore they are not obligated to stop the eviction if you object.

I only know Mr. Carlson via his website, CalTenantLaw ... his information there has helped my family tremendously as well as others whom my husband and I try to advocate for in Tenant/Landlord issues. We have won cases using his information, even though California Unlawful Detainer courts are the wi...ld west as far as upholding the law. We heard one UD judge say, "You signed the contract so you don't get to have regrets here." She was referring to a rental agreement where the landlord had put numerous clauses in that directly violated the tenant's civil rights, housing rights, etc. (e.g., "If tenant sues the landlord, the tenant agrees to pay the landlord's attorney costs even if the tenant prevails.") The judge's ignorance is indicative of the horrible unconstitutionality that the UD proceedings in California have become. The judges have let the landlord lawyers decide how to interpret housing statutes, and that has left tenants with no true justice or recourse ... especially given you can't really find a "Tenant" lawyer out there. One example of misinterpreted statues is the infamous CCC Section 1954, where EVERYONE (i.e., lawyers) states that the landlord has "an absolute right of entry" into your rented home. BUT, Section 1953 states the rights in 1954 ARE THE TENANT'S RIGHTS!! Just one example of how things have gone south for tenant rights. But Ken Carlson is combating that with his website. And those few of us who are trying to get the law back on track with proper interpretations greatly appreciate his efforts.