Legal Question in Landlord & Tenant Law in California

Manager kicked my room mates son!

My room mates's son is 22, we signed our lease when he was under 18. He started causing problems and we kicked him out. The owner and the manager said we would be evicted if he remained. He won't leave, he keeps sleeping in the carport, the manager won't call the police. He has a kidney disease, which until recently was in remission. We allowed him to be our guest while he is recovering from his kidney's acting up. The manager found him asleep in the carport and kicked him in the stomach 3 times. She was aware that he had just gotten out of the hospital because of his kidneys. Another tenant heard what was going on, but did not see it happen. The manager admitted to giving him several nudges with her foot. A police report was filed. Can we sue her and/or the owner of the building? What kind of attorney do we need? Will they take this type of case on a contingency basis? This manager has lost her temper and yelled at tenants (without cause) and her actions have been videoed. PLEASE ADVISE ME AS TO WHAT I NEED TO DO. Thank you very much.


Asked on 7/18/07, 6:11 pm

2 Answers from Attorneys

Scott Linden Scott H. Linden, Esq.

Re: Manager kicked my room mates son!

You will need to contact a personal injury attorney, the same ones that handle auto accidents.

Our firm does not handle this area of law, but if you need assistance in finding an attorney who can handle the case, please feel free to contact me at the email and/or phone provided by LawGuru.

Scott

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Answered on 7/18/07, 7:16 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Manager kicked my room mates son!

You can sue the manager, and the owner.

This is not a landlord tenant problem, but, as Mr. Linden has noted, you have a personal injury claim.

You would have to show that the owner knew of the manager's propensity to lose her temper, and strike people.

There are lawyers who will take this on a contingency basis, but my best guess is that you will most likely find attorneys who will want to be retained on an hourly basis, rather than a contingency.

The police report would also be extremely important in this matter.

Good luck!

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Answered on 7/18/07, 11:36 pm


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