Legal Question in Real Estate Law in California

Slander by manager leads to an eviction

I have lived at a mobile home park for 2 years with no trouble. On being voted in as vice president of the rent review committee (as per city ordinance) I all of the sudden was slandered by the manager to my mobiles owner in which eviction was filed. I have proof that what the manager told the owner of my home is a lie. The owner iwas also my husbands employer and it created contentions there also . My husband can no longer work for him. We moved into another mobile with a friend for a short time. We plan on staying less then 20 days 15 mins after we moved there the manager gave our friend a 7 day notice to get us out. THE MANAGEMENT HERE NEVER STARTED ANY TYPE OF EVICTION AND OUR FRIEND IS DISABLED. On the 6th day after the 7 day notice the managers gave a 30 day notice to us all. I am daeling with retaliation, constructive eviction, harassment and originally slander what can I do? I can't find a lawyer here because it crosses too many different lines of types of law HELP!!


Asked on 1/21/02, 2:37 pm

3 Answers from Attorneys
Larry Rothman Larry Rothman & Associates

Re: Slander by manager leads to an eviction

Do you own or are you renting the mobile home. Everything depends on any notices or documents you received. As anyone else in the park had any problems. You may have a good case. If you fax me at 714 363-0229 any documents and letters you have, I would be happy to provide you with free consulation.

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Answered on 1/23/02, 8:25 pm
Ken Koenen Koenen & Tokunaga, P.C.

Re: Slander by manager leads to an eviction

You do have a number of issues.

What was the basis of the original eviction from your mobile home?

Where do you live? If there is some kind of rent control ordinance, the mobilehome manager and the park itself could be liable for special damages.

You could file an action for defamation (slander) but may be required to prove special damages. Loss of a residence could be sufficient.

Depending on the rules of the mobilehome park regarding guests, your neighbor could fight eviction.

Sorry, no cut and dried answers without a few more facts.

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Answered on 1/21/02, 3:02 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Slander by manager leads to an eviction

If you have a strong case, i.e. adequate proof, the multiple issues should not be a barrier to finding a lawyer. Reluctance to take cases often reflects an attorney's lack of confidence that the case is sound. You do need a lawyer of your own, not bulleting board advice, in order to pursue your remedies, and I suggest you keep interviewing prospective attorneys in your community, and each one that won;t take the case, try to get a good answer why. This might point out weaknesses in your case that would allow you to strengthen it or, on the other hand, see why the case is not a winner.

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Answered on 1/21/02, 3:56 pm


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