Question 1: Is there any way to force mediation or some form of imposed conflict resolution?
A: Hello. SFMC 37.9(a)(3) permits a landlord the authority to commence an unlawful detainer
action against a tenant where, "The tenant is committing or permitting to exist a nuisance in, or is causing substantial damage to, the rental unit, or is creating a substantial interference with the comfort, safety or enjoyment of the landlord or tenants in the building, and the nature of such nuisance, damage or interference is specifically stated by the landlord in the writing as required by Section 37.9(c)."
You're probably already aware of the above, which makes me think that the lease
with the nuisance tenant is not specific enough to permit the landlord to evict under 37.9(a)(3). However, without reading the lease, there's no way to know for certain. It could be that the landlord just doesn't want to deal with the problem, because it's costly and risky.
However, you and your cotenants do have another way to deal with this problem. You could each sue the nuisance tenant in small claims
court for interfering with your quiet enjoyment of the tenancy (private nuisance). And, you could each testify in each other's behalf. And, since each of you could sue for the diminished value of the rent, up to $10,000 each, you could collectively put the nuisance tenant is a position so legally untenable, that unless he agreed to stop the games, you could extract a great deal of money from the tenant via wage garnishment (assuming that the tenant is employed).
There is no way to force mediation. The only recourse is small claims, if the landlord cannot act, because the lease is not sufficiently precise to permit the landlord to evict. If the lease is
sufficiently precise, and the landlord refuses to evict, then you could sue the landlord for breach of the covenant of quiet enjoyment -- because it would mean that the landlord may be musing this tenant to try to get everyone else to vacate, so that the landlord can increase the rent to new tenants.
Anyway, those are your options. You may want to discuss with your cotenants and/or the landlord, and see what you can work out. Question 2: This tenant is threatening me with a restraining order because in the past 7 months I've knocked on his door or ran into him in the hallway and tried to talk about some issues regarding his abusive use of common space around 3-4 times. I don't put it past him to lie to get this restraining order. Should I be conserved and will I be able to contest said order if it were to happen?
A: Obtaining a civil restraining order requires a threat of or actual violence against another person, or a pattern of conduct intended to harass, which has no legitimate purpose. Code Civ. Proc. 527.6(a)-(b). Nothing you describe would give the nuisance tenant grounds for a restraining order.
Hope this helps.