Legal Question in Disability Law in California
2 months after I moved into my apartment, my landlord served a 3 day notice because my service dog is "breed restricted" on the "allowed pet" list. Even after resubmitting proof (registration and certification of professional training; temperament testing report; my medical records; my service animal medical recommendation letter; letters from my primary care physician and from psychiatrist; my social security disability findings and award letter) that accompanied my original rental application AND copies of ADA and State law rulings on breed restrictions (3/2010) I further explained that my SERVICE dog was not simply a "companion" but professionally trained to perform specific tasks that help me survive, ( including but not limited to: medicine reminders; physically stopping dangerous, compulsive, repetitious behaviors; helping to keep or regain my balance, and to get help in the event of having a seizure or falling unconscious). I was given the option to 1). To remove my dog from the property immediately and sign a statement promising not to have the dog return or face immediate eviction or 2) Vacate my apartment within 48hrs and face legal consequences (eviction) leaving me financially responsible for the remainder of my 18 month lease.
I removed my dog from the property because I didn't have the money to move without saving, but I suffered serious harm, injury and scarring as a direct result of not having my service animal and incurred associated costs (emergency room fees; doctors visits; prescriptions; pt time care giver)left me unable to pay my rent anyway.
In addition to The ADA of 1990; an agent of this landlord has gone on to violate sections of The FHA of 1988; civil and penal codes.
I need an attorney but I cannot afford one. Here are my questions: 1.) How do I petition the court for more time to retain an attorney. (I'm at the plaintiff's request for non-jury trial stage with a calendar date to appear in less than 7 days)? 2.) Am I entitled to a court appointed prosecutor under the disability act (discrimination)? 3.) If I do not qualify for a court appointed advocate, is there any chance of finding a contingent fee civil attorney?
1 Answer from Attorneys
What I didn't see in your list of claims about the dog is the CA official certification paperwork that it IS a service dog. Without that proper certification paperwork, your claim is weaker, although not completely without validity. If you can prove you timely and properly put the company on notice of the 'service dog' status, and they refused to honor that, you have at least the basis of a valid claim of violation. Whether your claim of related damages and injuries has merit will depend upon all the provable facts.
You are not entitled or likely to continue the trial for that or any other reason unless you timely and properly request it by ExParte Motion and the court grants it. You can't show up at trial and expect to get it continued at that late date.
You are entitled to hire counsel, but have no right to appointed counsel. That only applies in criminal law for defendants.
If you filed a lawsuit and waited until the eve of trial to decide to get counsel, you are probably going to be out of luck finding one willing to step in. The best anyone could do is substitute in and appear at trial without any preparation or ability to do any of the numerous discovery procedures that should have already been done. I doubt anyone would do so other than on an hourly fee basis, and then only with a thorough disclaimer and waiver from you of 'fault' claims if and when you lose.
Any settlement discussions and offers already made should be reevaluated. You should attempt reasonable settlement before trial, or you could request the Judge conduct a Voluntary Settlement discussion before trial starts. Anticipate that the judge will briefly explain the facts of life to you related to burdens of proof, evidence requirements, etc in an attempt to get you to take 'something' rather than the 'nothing' you may get from a 'pro per' trial. Keep in mind that if you sued under ADA or other statutory basis, if you lose, the other side is entitled to a judgment for their fees and costs from you.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
