Legal Question in Real Estate Law in California

Locked Out Illegally -- Wrongful Eviction Suit?

I had a judgment entered against me and by way of a unlawful detainer complaint that was never served upon me (illegal proof) and was evicted from my home. My family and I (I am a single mom of two young sons) were out of the house for 5 daysover the holidays. The court vacated the judgment and reversed the writ of possession and I am now back in my home. The complaint has been dismissed (besides the illegal service I have proof of payment and/or receipts for approved repairs to the property for all rent ever owed let alone the 3-day notice period. I am out of pocket approx. $3000 due to the eviction and there was damage to personal property of mine in the process. I owned the house for 15 years before having to sell due to circumstances beyond my control at the time. I am leasing with a 2 year option to purchase with the cavaet that all payments be made in a timely fashion. I believe they are attempting to make it impossible for me to repurchase the home I have lived in for over 15 years. I need help with a wrongful eviction suit against the owner and her agent (a wealthy real estate broker in Long Beach). Thank you for your assistance.


Asked on 1/08/03, 5:25 pm

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: Locked Out Illegally -- Wrongful Eviction Suit?

Let's take a look. Years ago we handled a wrongful eviction case called Tenants of the Mayfair Hotel v. Wong. It resulted in the largest verdict ever in such a case up to that time.

Call me so we can make an appointment to review the facts and your evidence.

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Answered on 1/08/03, 5:39 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Locked Out Illegally -- Wrongful Eviction Suit?

I'm sure whomever handles your wrongful eviction action will think of these and more factors, but here are some thoughts:

(1) Perhaps the suit should allege more than just wrongful eviction.....there could be proof of an attempt to defraud you.

(2) Have your option rights examined very carefully, including whether the option can and should be recorded.

(3) Get advice on when and how you must act in order to exercise the option and avoid a claim by the optioner/owner that you missed the boat.

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Answered on 1/08/03, 6:17 pm


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