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Lucy, Esq.
Lucy, Esq., Attorney
Category: Legal
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Experience:  Lawyer
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My domestic partner and I have a very possibly this morning

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My domestic partner and I have a very possibly this morning at about 8:00 a.m. We moved to Cabazon, California 6 weeks ago, to live with Barry's Brother, Lee. We had no idea what we were getting into here, and now the situation is getting worse. We are moving in the a.m. and his brother already took the keys to the house away from Barry. He owns 5 vicious german shepards he refuses to restrain, and wont let anyone but Barry into the house to move our one bedroom of furniture. I, Barbara am afraid to stay here in the room til Barry gets the rental truck. Also we are both 62 and not in real good shape. Barry has a herniated disc and moving this stuff alone will kill him. His brother Lee refuses to let our help come in and move with Barry some of the heavier items. We don't know what kind of complications he will cause or if we leave for the truck whether he will let us back in the house to get our stuff. Please let us know if we can do anything about this legally, or once we've picked up the truck we should stop by the police station and ask them to accompany us here and wait while we move our things out. His brother had a HORRIBLE temper and as verbally said he would slash us into pieces if we pissed him off. My Barry is an educated, Phd in neurological science and has several other degrees. His brother is a non professional and has no idea how to act. We're tired and just want out. Please advise. Barbara

My name is XXXXX XXXXX I'd be happy to answer your questions today. I am very sorry to hear that this happened.

First, absolutely, if this man is threatening you with dogs and violence and trying to stop you from retrieving your personal belongings, call the police and ask them to meet you on the premises to do a civil standby. They will require him to restrain the dogs or take them elsewhere and stop him from harming you.

Second, if you have an agreement that you were renting the premises from the father, it is illegal for him to throw you out. Under California law, he is your landlord and you are month-to-month tenants. A landlord who physically removes a tenant from rented premises without a court order can be sued for $100 per day that the tenant is denied access to the property, plus actual damages and attorney's fees. Cal. Civ. Code, Section 789.3. So, you may be able to file suit against him, if you so choose.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
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