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Judgement

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girl48sfv

Junior Member
What is the name of your state (only U.S. law)? California

I have lived at my present residence for 6 years. The rent has been cheap and the landlord a slumlord but I had hoped to stay here until I finish school. In 2009 during a dispute with my landlord I had a mold inspection done, it was positive for toxic mold but since I couldnt afford to move we settled and he cover walls with a mold resistant coating. My agreement with the owner allowed me to pay my rent after the third Wednesday of the month, when I got paid.

This past July the building was sold and all the tenants braced themselves because we knew the new owners would want us out because of the low rent we pay. My neighbor has lived here for 25 years and pays only $425 a month, I pay $700 for a one bedroom.

On or about the second week of July the new owners began to rehab the only vacant unit, the one next to mine. The tore out the walls and floors causingg huge clouds of dust. My mold inspection technician told me thaty the building was permeated with mold and gave me an estmate of $5000 for just my unit alone.

I never heard from the new management company and when the workiman continued to cause so much expsure, I notified them in writng asking for the problem to be addrssed.. No response unless you count the three day notices handed out to the entire building on August 4th. When I was handed my notice I told the person handing them out that I didnt pay my rent until after th third Wednesday of the mothans was told ' whetever my dgreement with the former owner was thats how I was to continue to pay my rent

So I disregarded the notice and on August 15th was served with a summons and complaint, to which I demurrered, I had been planning for over a year to go home for my 30 year class reunion and the demurrer gave me the time to do so. I believe it was a proper demurrer, tho I knew it would be denied.

To make a long story shorter, my rent was not due when served with first notice, nor weas it due at time of UD filing. I was denied my demurrer, ordered to answer and in the meantime the new owners made the unit next door beautiful, to look at anyway. It rained last week the ceiling leaked, there is a lot more to come. They just dont know it yet, they arent aware of the huge pplumbing problem that flooded the apt they just rehabed, it was wet for two weeks.My ex owener never called professionals to fix anything, too cheap he would just jerryrig it till the next episode.

Wonder what they will think when they find out that the what looks like a entrance to an attic or crawlspace over my bathtub, is in reality a huge hole in the ceiling, with the wood piece making it look like a crawlspace, The plumbing is leaking up in the ceiling between the apts, they have a big plastic cup catching the leak, I swear on my life they do! Can you imagine that?
 


girl48sfv

Junior Member
Judgement pt 2

Sorry so long************** I believe the new owners know its in bad shape, they are making the oustide look good but have not done one thing for any of the tenants, except throw out all the plants and pass out another notice saying rent goes up to $900 Dec, 1st, Oh we finally have a laundry room brand new machines and everything except it stays locked only the owners workers go in and out of there.

I know they filed on me because I spoke up about the mold, so I called a mold remediation company and got another inspection, Spore samples, air quality, a comprehensive inspection. It was done this past Saturday the mold folks promised me I would have the report Tuesday morning 7am, my trial date. But they lied and after sitting in court and watching the judge pass ou the most one sided justice I have ever seen, I felt it would show I wasnt just delaying so I kept waiting on it while they gave me the run a round over the phone and by the the time I gave up and made it to court my case had been heard, I lost for non-appearance.

Funny thing tho, cant seem to get a look at my file(and my judgement still not entered, seems it is being held in the judges chambers?????) I have been to clerks counter twice, Wednesday and today, no ruling, no file, and without entry of judgement I am in limbo. Today I went up to the court and the judge after sending another landlord out the door smiling, spent 45 mins lecturing the court on who he was. Seems he can hear 70 UD cases a day, cause every body has the right to be heard, he says, I watched the contempt in his face for the defendants as they came before him, it was like watching tv, cause this doesnt happen in real life, does it?
 

sandyclaus

Senior Member
I'm sorry, but was there a specific question in all of that?

If it was, "Is there anything I can do, now that a default judgment has been entered against me?", the answer is "NO".

You decided you had better things to do than be in court when the judge heard your case. Since you weren't there, did you expect them to wait until you were good and ready? Doesn't work that way.

Sounds like you had an opportunity to be heard, and you blew it.

Sure, the NEXT people to move into that place might have issues like you, but chances are no one will ever know it, because you didn't take the necessary precautions to protect yourself. There is a way to go about doing so, and just your moral indignance at how you felt you were being treated wasn't good enough to fight this. If you had ANY chance at all, you needed to hire yourself an attorney to help you, but since you didn't, your fight is over now.

Good luck dealing with the next similar situation that comes up.
 

girl48sfv

Junior Member
You are right about everything except yhe fact that I didnt think I had anything better. I just knew that my case hinged on that report and that I was only going to get one shot, the judge wasnt going to give me anymore time or give me the benefit of the doubt.

Oh well it is what it is**************thank you for replying
 

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