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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 87079
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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This for Ely. This is a case of a written parking space

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This for Ely .This is a case of a written parking space agreement that was taken away from a 40 year Tenant who has had to pay the City Parking Tickets, Towing, Storage and other fees as well as suffered vandalism to his health workers and family's vehicles because they had to park out in the street. The Rent Board is useless because the Tenant resides in a building on City property managed by a outside company. There were always other empty parking spots under the building where he lives. His workers and guests would park in those spots and were threatened with towing by the management. His spot was rented out to a non tenant by the past resident property manager and she got caught. I don't know if this is discrimination, just reduction of services, or a plain suit to the city and previous property management company. Now the Disabled Veteran is being thrown out of his apartment obviously because they can get more rent. Federal, State, or what???

Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ely replied 1 year ago.
Hello friend and thank you for requesting me.

At this point, this is likely a state matter.

DISCRIMINATION
If this is due to discrimination, then he may have a case under the Unruh Civil Rights Act. This act, adopted in 1959, outlaws discrimination based on age, ancestry, color, disability, national origin, race, religion, sex, sexual orientation and similar characteristics. The law applies to all businesses, including housing and public accommodations.

OTHERWISE.
Otherwise, this may be a suit for negligence and intentional infliction of emotional distress.

The elements of an action for negligence are the existence of duty (the obligation to other persons to conform to a standard of care to avoid unreasonable risk of harm to them); breach of duty (conduct below the standard of care); causation (between the defendant's act or omission and the plaintiffs injuries); and damages. (Artiglio v. Corning Inc. (1998) 18 Cal.4th 604, 614, 76 Cal.Rptr.2d 479, 957 P.2d 1313.)

The elements of case for the tort of intentional infliction of emotional distress are: (1) extreme and outrageous conduct by the defendant with the intention of causing, or reckless disregard of the probability of causing, emotional distress; (2) the plaintiff's suffering severe or extreme emotional distress; and (3) actual and proximate causation of the emotional distress by the defendant's outrageous conduct. Cervantez v. JC Penney Co., 595 P. 2d 975 - Cal: Supreme Court 1979.

May I recommend the CA Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Good luck.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

Thanks ELI. I am XXXXXXX. you helped me back in Feb 2013 to file an response and a cross complaint in an employee vs. independent contractor unlimited civil case. The plaintiff canceled the Case Management Conference and now it is up to me to cancel the cross complaint with a CM-110. Is the case over?

anyhow, I only had $30 to spend today and I can come back and put more to your name in a couple days now that i know how to get a whole of you.

My immediate concern is is about my elderly disabled veteran close friend. He is also being evicted from his 40 year month to month tenancy with no reason. I know that I can't fight that losing battle but I am negotiating with the management today about my friend's parking privileges that were taken away. My question to you is this parking case strong enough to mention in the eviction negotiations or to peruse the $10,000 expenses plus emotional considerations as a separate case? I know that the facts I mentioned are vague can you comment. I respect your recommindation on a specialty lawyer if there is merit. thanks

Expert:  Ely replied 1 year ago.
A,

Hello again. I remember, of course.

The plaintiff canceled the Case Management Conference and now it is up to me to cancel the cross complaint with a CM-110. Is the case over?

Simply cancelling the Case Management Conference does not mean that the matter itself is over. The Plaintiff has to file a Motion to Dismiss or a Motion for Non-Suit for this to happen. If you have been told "cancel the counter suit and we will drop the lawsuit," then this may be a trick. To have the matter dropped, you and them must jointly file a Motion to Dismiss or a Motion for Non-Suit. One may not simply wish to drop your counter-claim, as then they can still possibly pursue with the suit since again, simply dropping the Case Management Conference does not mean dropping the lawsuit.

My question to you is this parking case strong enough to mention in the eviction negotiations or to peruse the $10,000 expenses plus emotional considerations as a separate case?


I am afraid I do not wish to mislead you and cannot say for certain if this is stong enough or not. However, it is always worth a try. It would help to discuss this live with an attorney face to face to get this answer, of course.

I know that the facts I mentioned are vague can you comment. I respect your recommindation on a specialty lawyer if there is merit. thanks

I am afraid that JustAnswer experts cannot recommend specific attorneys out of ethical considerations, so I am limited to pointing out the bar referral program which I have in my original answer.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

. You have your $30 for today and you deserve more. I will bonus your account in a couple of days.


. So I will file the cm-110 and attend the conference. Would it be a good idea for me to contact the plaintiff and offer some resolution into helping him complete the disaster of a job that he created? Or just let them propose a dismissal or whatever? The court requires ADR before the trial.


. AND lastly, what type of case is the parking issue with the state? Thanks again Ely, your are #1 at "just ask" legal issues as far as I am concerned.

Expert:  Ely replied 1 year ago.
Thank you for your kind words.

Would it be a good idea for me to contact the plaintiff and offer some resolution into helping him complete the disaster of a job that he created? Or just let them propose a dismissal or whatever? The court requires ADR before the trial.

It always helps to negotiate, and never hurts to ask to meet to discuss this matter. So one in your situation may contact first, sure.

. AND lastly, what type of case is the parking issue with the state? Thanks again Ely, your are #1 at "just ask" legal issues as far as I am concerned.</i

Thank you! As for what type of case - well CIVIL. If based on discrimination, then a discrimination case. If based on non-discrimination, then a "tort" matter. Tort means a 'wrong' that is actionable.

Gentle Reminder: Please use the REPLY button to keep chatting, or RATE and submit your rating when we are finished.
Customer: replied 1 year ago.

I will hit your account with some bono dineros in a couple days.

.

.Thanks again

 

XXXXX

 

.bye

Expert:  Ely replied 1 year ago.
Thank you, XXXXX XXXXX worries.
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 87079
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Ely and 3 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.

It's al again, I am sorry if I am an inconvenience, but I can't shovel out the kind of money needed to retain the correct professional to litigate for the Parking situation. Can I just sue the City (owns the land) and the previous responsible management company or just the responsible management company alone in Small Claims Court for the $10,000 in documented expenses from the City's Parking Dept. The Tenant was denied using his written Parking Space that he used for 20 years. The City wrote parking tickets because the City's management company forced the Tenant's vehicle out in the street while the Management rented out the Tenant's Parking spot to outsiders. The Management Company threatened to tow the Tenant's vehicle if it was parked in his designated space. Sounds crazy, don't it.

Expert:  Ely replied 1 year ago.
No inconvenience at all.

However, I cannot be specific as to who can be sued without knowing more details, I am afraid... I am wary of stating more here, I am sorry to say.

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