Help! Caught in Cross Fire - Horses in Jeprodary

[kandeec]

What is the name of your state? Ca, Antioch, Timeline of Events
Lessor - AUSD Antioch Union School Dist/Leasee - RSR Richard Silva, Richard Silva Ranches/SubLessor - Mike Silva and Kandee Coleman/Premises Known as Devil Mtn Ranch, Old Moller Ranch 200 acres w/ 2 houses, 4546 Somersville Rd, & 4550 Sommersville Rd. We resided in Big House 4546 Sommersville Rd. THIS IS IMPORTANT TO REMEMBER AS YOU READ ON
June 04 - Moved onto 200 acre Ranch, Paying $550.00 per mo rent to our Sublessor Richard Silva Ranches. May 3rd, 05 - Informed by Sublesor RSR that he was no longer going to lease the premises, and we should contact Antioch Union School Dist. to see if we could rent directly.
5/3/05 - spoke w/ schl Dist rep, s wager re: giving them our $550 rental pmnt to them, based on aformentioned. Was immediately told NO!, No, and there was no further discussion.5/4/05 - received a 3-day notice to pay or quit, process server stated rent had not been pd since Nov of 04, UPON SERVICE I READ 3-DAY THOUROUGHLY AND REALIZED PROCESS SERVER HAD SERVED ME FOR UPPER HOUSE 4550, NOT OUR PREMISES, HE MESSED UP, I FIGURED THEY WOULD NOTICE MESS UP AND RESERVE US PROPERLY! YEA RIGHT! surprise to us, immediately try to make contact with RSR Sublessor. He never returned our calls We paid every mth from 6/1/04 - 4/30/05. 3-days with still no contact, and AUSD refusing to accept rent from us. approx - 5/9/05 - served again eviciton paperwork to commence with a unlawful detainer YET AGAIN WHEN I BEGAN READING DOCUMENTS I REALIZED PROCESS SERVER SCREWED IT UP AGAIN. 5/14/05 - answer to courts, we filed a prejudgement claim, Answer contained probably 20 pages of our defense, copies of rent checks, documentation of unreimbursed expenditures and extensive upkeep we performed to keep premises from falling apart, beautification and landscaping, tree removal & trimming, installing sod and planting lawns, caretakers of historical items on premises, building fence, repairing fence, removing fence some work was even requested by AUSD Facilities Dept. School Dist. had known of our occupancy since June 04 for school boundary clarification purposes was my first contact with Sandy Wager. Was informed by S Wager that she was responsible for following up with Seeno Homes re: the Generator "all 200 acre premises power" PGE had been cut by Seeno, and AUSD had contract with Seeno to Provide Generator till Ranch had Power restored est time of restoration was 2006. I was informed that Seeno was 100%resp for all upkeep of Power Supply including fuel. while conversing with S Wager I appologized for the generator rumbeling, I was in house with door closed and she could hardly hear me. S Wager then stated that she would contact Seeno herself to enforce the agreement that they were to build a cement pad for generator to be placed on with a building around it to reduce some of the extreme vibrations and noise. "this never happened" hence my next request in the prejudgement claim was the following 1) to allow us time to find a new place to go and bring our 11 horses, 1 pony, 3 dogs, 2 cats, 1 parakeet, 3 doz chickens., 2) approx 90 to 120 days were requested 3) repayment for costs incured, repairing damages, repair of buildings,foundation work, fence repair, weather sripping, plumbing repairs and our out of pocket expence for Fuel whenever Seeno forgot to fuel us which was quite often, we were usually out of pocket anywhere from $200 per month to $650 and lastly to; 3) have our hearing checked particularly our children, they knew they could have done nothing to reduce noise levels but never did. we suffered with 24/7/365 horrendous obsene rumbeling, I notice a difference in our dogs first, then the pea fowl, and that is what prompted the hearing check. OH YEA I ALSO INCLUDED A SECTION ON HOW AND WHY WE ARE EVEN STANDING HERE DISCUSSING 4550 SOMMERSVILLE RD, WHEN WE LIVE IN 4546 SOMMERSVILLE, WHY / HOW CAN WE BE EVICTED FROM 4546 when 4546 our residence had not gone thru due process. Jackie LIVED IN 4550 NOT US, THAT THEY NEED TO GET THE SPECIFICS CORRECT. Clearly A MUTE POINT
6/05 Eviction set for trial, we go to court 6/22, where we are met with a mediator, Our inexperience having never sat on this side of the fence. We only negotiated time. 1st AUSD attny wanted us out in a few days, but would give us 2 wks, we said 90 they came back with 30, we said 60 and they came back with 60. violla! problem solved, right. Somehow when we receive copies of it states 30 days (we knew we could never meet that time constraint) We agreed with mediator watched him write his notes that we would leave in 60 days - OF COURSE WE AGAIN AGREED TO LEAVE A HOUSE WE NEVER LIVED IN - HOW RIDICULOUS IS THIS 7/14 - AUSD files for default judgement because we negated to pay may, june's or July's rent- we agreed to pay school $1600 only if we had till end of August upon realization of screw up it didnt make sence to give $1600 that we need to get into a new place when we had already over paid RSR rents that he never forked over to the school, found out he didnt begin paying AUSD lease rent till July, but moved us in a month before even his own lease began with them. Pocketed the June 04 rent as gravy, our calculations were different in our minds and probably why mediator fouled up the deal. In our heads we felt we had been paying a month ahead therefor only owing AUSD for June, July and August, had we been able to stay this accounted for the $1600. In AUSD theory, they probably had not realized our exact mi date, and assumed our lease started when RSR Lease Began. therin the logic, and perfect example of miscommunication, I thought the mediatior was to ensure communications be understood & agreed by all, instead we feel bamboozeled.
8/9/05 - Sherrif arrives to perform lock out I go out to Sherrifs, with documents my only amunition to why we were still there. I showed them they had messed up the address all along. I stood there in my pj's showing them their mistake hoping it could buy us another minute another day a week, time to get a new place. I told them the house was vacant anyways but we only need to buy time for our livestock, we werent leaving without them, and why we needed through 8/05 to move. The Sheriff told Jeff w/ AUSD that I'm disputing that the address is incorrect on notice to vacate and that they have to start eviction over because were the tennants from 4546 not 4550 occupant is claiming you evicted them from the wrong premises. AUSD said that I didnt know what I was talking about that both houses were 4550, and because I didnt have something from county rec orders office proving the truth that we had a few minutes to vacate premises. I told Jeff with AUSD to tell the Sheriff the truth, he just shook his head, HOW DID I JUST GET EVICTED FROM A HOUSE I NEVER LIVED IN. HOW WAS I FORCED TO LEAVE MY HOME WITHOUT BEING EVICTED LEGALLY FROM IT? We resisted at first becasuse of the animals and our tractors, shop and barn items had not been removed yet. We were unwilling to leave our belongings. We were forced to become homeless, we were not even allowed to remove the travel trailer we had been living in for the last two months. We were told that we were to leave and make arrangements with their attny M. Gonsalves to remove our items, and to care for our livestock. After much deliberation Jeff with AUSD finally conseeded to allow us to enter premises to feed and water our livestock, but only by foot and that we were not allowed to remove our personal belongings while entering premises to care for livestock. Very ruthless, we had'nt done anything wrong and yet was punished because the leasee RSR failed to pay rent when due, repeatedly. Confused because in court i overheard conversation between AUSD rep and Gonzalves. That RSR had agreed to settle up past due rent and fees ect, upon our vacation of premises and that he was going to be permitted to keep his cattle grazing on the land. HOW IS THAT NOT SOME SORT OF DESCRIMINATION? why were his cattle still up there on the hills grazing when we were made homeless, jobless, and to boot deaf and emotionally beat. How was a fair and unamous decision made for a district property. When we were never allowed to even meet with board members, The school dist has a responsibility to the community to make sound decisions about district property and it's uses. WE were never given an opportunity to be heard. The blood sweat and tears of cleaning up 200 acres form prior occupants, and overgrowth, garbage and debris everywhere took most of our first summer, I was getting compliments form AUSD that the place was shaping up and beginning to look like a ranch again. The Park Rangers were always stopping me and complimenting us on all the work being performed. We were never given a fair chance our voice was never herd. A community decision was never made. Who was it that was given the power of a community to decide a innocent family's fate? I'd like to know who, was it Sandy Wager-office person who's tired of wearing the property manager hat?, was it Richard Silva Ranches because Jackie whom lived in 4550 "rent free her entire occupancy, about a year" would not have a romantic situation with Richard Silva of RSR, was it Roger at the Park Dist. who strongly believes that Moller Ranch aka Devil Mtn Ranch is a historical site that AUSD should donate to the Park just because it's the right thing to do, and maybee if he complains about every occupant that lives there long enough the school will eventually sucumb to the enevitable. Was it Seeno or Discovery homes who are equally responsible for our unreimbursed expense to run their generator, refule, repair, ect. Or would it be that they too are liable for not fulfilling the contract with AUSD to enclose the generator and eliminate the unlawful way we were forced to live with day in and day out. Hmmmmmmmmmm, seems suspicious to me how about you?

[JETX]

Originally Posted by kandeec

What is the name of your state?

Thank you for your post.
BTW, where is 'Jeprodary'?