Legal Question in Real Estate Law in California

Family member I am evicting is attempting to LUMP IN eviction with another law s

My mother was living free in my building, managing some property of mine. I fired her(Aug 03)when I learned she was embezzling, forging my name,.. Jan 04, she filed a bogus lawsuit against me claiming the property was to be put into a trust. I am the owner and soley on title. She already lost a lis pendens. She is still living in my fourplex taking up TWO apts w/ my brother. I don't even live in my bdlgs- I pay rent! Other units are empty-she has kept me from renting by barring workers, scarring potential renters... Trial for the big suit is Jan. I waited to evict out of pity -she cried to judge that she and my bro were broke & had no place to go. I have now found she has 2 bldgs of her own in my bros name. I CAN'T lose $ for 3 more months, should they lump in her eviction w/ the other case. HOW CAN I STOP THIS? She wants the bldg to 4close. I can't rent/sell it w/ her yelling like a pyscho when I try to show it. If she did have an interest in the property, it would behoove her to have it be making $$. This is purely an act of revenge - she has a law degree & knows EXACTLY what to do to screw me. WHAT do I need to give/show the judge to keep these suits from being lumped in togehter costing me 3 MORE rent-less months? help


Asked on 9/29/04, 9:34 pm

3 Answers from Attorneys
Scott Schomer Schomer Law Group

Re: Family member I am evicting is attempting to LUMP IN eviction with another l

Evict her as soon as possible. Evictions are separate, expedited proceedings unless someone consolidates them. Consider a second opinion if you are not happy with the status of your case.

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Answered on 9/29/04, 9:44 pm
Larry Rothman Larry Rothman & Associates

Re: Family member I am evicting is attempting to LUMP IN eviction with another l

Since you were able to remove the Lis Pendens, you have a good start. In order to assist you, we would need to review all of the lawsuits and any Motion to consolidate them. If a Production of Documents or other discovery was sent to her, the responses should asist in supporting your position and arguing against consolication.

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Answered on 9/30/04, 9:57 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Family member I am evicting is attempting to LUMP IN eviction with another l

Another lawsuit is normally not a defense to unlawful detainer (eviction) action. She should not be able to block the eviction.

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Answered on 9/30/04, 11:56 am


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