Ontario, CA
I am current suing my former tenant for money damages for their breach of a number of provisions in the commercial lease agreement. The case has been dragging on for months now and recently the defendant's councilor decided to file a cross complaint against my company and myself and used racial discrimination as a factor in their argument. The funny part is I was actually the victim in the racial profiling and harassment (I am of oriental origin and the defendants are white) as I have been addressed with horrendous and degrading racial remarks and threatened with violence by the tenant in my pursuant of back rent and other violations and now they are twisting all the stories and accusing me of being a racist for discrimination and harassment ? In spite of police incident reports, emails and other witness I have against their accusation I have the following concerns:
1. The case is being represented by our attorney for my corporation that is suing them. There are specific provisions in the lease agreement that states that the defendants cannot serve the officers of the landlord (me) as their legal remedies are limited. However, in spite of that provision which I should be covered by the corporation umbrella my attorney is asking me to let him represent me and file a response ? Do I need to do that now that the defendant's cross complaint is not against my company but me personally ?
2. So far the defendants have failed to serve me properly and they want my attorney to accept the serve on my behalf which I have refused since I firmly believe the specific provision in the lease have protected me so. However, if I am not personally represented by any attorney in the cross complaint would it have affected the processing of the civil case ? At this point the case has not been split into 2 cases yet as they are all filed under the same civil case number for the breach of contract. Should I wait until the case takes up to court and have them dismiss on the racial discrimination ? If I don't respond now would it have affected the response of the judge into thinking that I am a racist ?
Please share your thoughts. Thanks.
I am current suing my former tenant for money damages for their breach of a number of provisions in the commercial lease agreement. The case has been dragging on for months now and recently the defendant's councilor decided to file a cross complaint against my company and myself and used racial discrimination as a factor in their argument. The funny part is I was actually the victim in the racial profiling and harassment (I am of oriental origin and the defendants are white) as I have been addressed with horrendous and degrading racial remarks and threatened with violence by the tenant in my pursuant of back rent and other violations and now they are twisting all the stories and accusing me of being a racist for discrimination and harassment ? In spite of police incident reports, emails and other witness I have against their accusation I have the following concerns:
1. The case is being represented by our attorney for my corporation that is suing them. There are specific provisions in the lease agreement that states that the defendants cannot serve the officers of the landlord (me) as their legal remedies are limited. However, in spite of that provision which I should be covered by the corporation umbrella my attorney is asking me to let him represent me and file a response ? Do I need to do that now that the defendant's cross complaint is not against my company but me personally ?
2. So far the defendants have failed to serve me properly and they want my attorney to accept the serve on my behalf which I have refused since I firmly believe the specific provision in the lease have protected me so. However, if I am not personally represented by any attorney in the cross complaint would it have affected the processing of the civil case ? At this point the case has not been split into 2 cases yet as they are all filed under the same civil case number for the breach of contract. Should I wait until the case takes up to court and have them dismiss on the racial discrimination ? If I don't respond now would it have affected the response of the judge into thinking that I am a racist ?
Please share your thoughts. Thanks.
