Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

This for Ely. This is a case of a written parking space

This for Ely .This is...

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???

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 14 hours by:
6/14/2013
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102,923
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Verified
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.
Ask Your Own Real Estate Law Question
Customer reply replied 4 years 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

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.
Ask Your Own Real Estate Law Question
Customer reply replied 4 years 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.

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.
Ask Your Own Real Estate Law Question
Customer reply replied 4 years ago

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

.

.Thanks again

 

XXXXX

 

.bye

Thank you, XXXXX XXXXX worries.
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102,923
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.
Verified
Ely and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years 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.

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.
Ask Your Own Real Estate Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102,923
102,923 Satisfied Customers
Experience: Qualified attorney in private practice including business, family, criminal, and real estate issues.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

102,923 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I want to evict a step daughter from my house. tacoma. I
i sent her a eviction notice last month with a regered lable… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I need to evict someone from my house whom is not on my
I need to evict someone from my house whom is not on my lease, but has stayed way to long,,,after a year,, what rights do they have,, do I need to serve them with a 30 day notice,, what do I need to d… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,946 satisfied customers
I currently live in apartment that had water damage in
I currently live in apartment that had water damage in August of last year. The repair was not done properly and now 4 months later, the paint is peeling, bleeding and I suspect that there is mold and… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
210 satisfied customers
I am evicting a month-to-month tenant and he has refused to
Hi, I am evicting a month-to-month tenant and he has refused to come out of his trailer to take service from me. I already have sent a certified letter that will come Monday. What do I need to do - ge… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I had work done to my home and the contractor damaged the
i had work done to my home and the contractor damaged the ceiling after it being totally reworked. they have not scheduled repair or have they acknowledged the damaged. I have been seeking a timely cl… read more
LegalGems
LegalGems
Juris Doctorate
10,665 satisfied customers
I was evicted from an apartment about 2 1/2 years ago. I
I was evicted from an apartment about 2 1/2 years ago. I want to pay my eviction so that when I apply for new apartments I can say that it was paid in full and in the past. The company who owned the a… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
My daughter just got an eviction notice from her apartment
My daughter just got an eviction notice from her apartment (Arkansas). Says they need to be out in 3 days. Is this legal or should they give them 30 days? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
We are having a house built and the contractor has not
We are having a house built and the contractor has not fulfilled any deadlines. Some of the work is subpar according to other building experts who have toured the home. The home is not finished and we… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
A building contractor did water damaged work on my apartment
a building contractor did water damaged work on my apartment and i signed a contract with him and after the work was done he changed the dollar amount to a higher amount. the contract stated not to ex… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
Regarding damages to the house that he and his sister both
Regarding damages to the house that he and his sister both own, how do you submit the damages that she's done to the house to the court? With the Partition paper work? Also, can I give Power of Attorn… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
New house. Water damage in basement. Developer refuses to
New house. Water damage in basement. Developer refuses to pay damages. Property in NH … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We have water damage in our apartment and I feel that
We have water damage in our apartment and I feel that management is doing what they supposed to do , or following protocol … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,317 satisfied customers
It is an eviction question, I live in an apartment with my
it is an eviction question, I live in an apartment with my wife and occasionally our grandson. our rent was typically and scheduled to be taken out on the 3rd of the. Because it was not consistently t… read more
socrateaser
socrateaser
1,031 satisfied customers
I was evicted from an apartment about nine years ago. How
I was evicted from an apartment about nine years ago. How long can they come after me for the back rent? I live in Ohio … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have given tenants a 30 day eviction on a month to month
Good morning, I have given tenants a 30 day eviction on a month to month agreement and gave them until November 11, 2017, they want to move out and do the walk thru inspection and provide keys on the … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers
Tina: I bought a house and needed a contractor to handle the
Tina: I bought a house and needed a contractor to handle the installation of a beam and a take down of the wall. He did minimal demolition but his people who were trying to redo a small shower dragged… read more
Michael Bradley
Michael Bradley
JD
1,191 satisfied customers
Just received eviction notice on door. No info house was
Just received eviction notice on door. No info house was even sold. I am the " previous owner … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
What is a no cause eviction? If I am in a month to month
What is a no cause eviction? If I am in a month to month that and the landlord decides not to rent to me because she wants to Renovote and increase her rental income can. She do that and what are my r… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,127 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x