Arrowhead vs. Cisneros

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scarylarry69
Arrowhead vs. Cisneros

we fired the lawyer and defended our selves.

On

01/13/2015  in  the Pasadena, Superior Court of Los Angeles

 

                                            Arrowhead          vs.      Cisneros     

                   Manufactured Home Park                                              (scarylarry69)

Unlawful Detainer : Hon.Bruce Gomez

COMMENT  AFTER JUDGMENT : THE COURT FINDS THE PLAINTIFF (Arrowhead) ESTABLISHED A PRIMA FACIE CASE FOR UNLAWFUL DETAINER BASED ON DEFENDANT 'S (Cisneros)  FAILURE TO PAY RENT OR MOVE OUT :DEFENDANT'S STATE THEY DID NOT PAY ON THE ADVICE OF COUNSEL GIVEN PRIOR TO THE SERVICE OF  THE 3 DAY NOTICE . THIS DISPUTE AROSE OUT OF THE CLAIM THAT PLAINTIFF DID NOT PROVIDE DEFENDANT'S  VALID TITLE TO THE MOBILE HOME WHICH OCCUPIES  THE LEASED SPACE . HOWEVER , THESE  CLAIMS SOUND OF  FRAUD OR BREACH OF CONTRACT, WHICH IS NOT BEFORE THE COURT IN THIS CASE. IN FACT , IT DOES APPEAR THE PURCHASE  OF THE MOBILE HOME WAS COMPLETED BUT TITLE ISSUES PREVENTED  DEFENDANT'S  FROM SELLING IT. THE ONLY ISSUE HERE IS POSSESSION OF THE SPACE, WHICH PLAINTIFF IS ENTITLED TO RECEIVE.

 

what ? not before the court in this case  what the fu**  so the park sells us a mobile home we pay in full without a loan, we paid in cash  . we are never given a properly endorsed  document of title to the home  as required by  20 days  .

Purchase of the home started :   01 / 29 / 2014

We completed purchase ...        02 /13 / 2014         within 15 days as agreed.......................

one year later    On 01/13/2015   Arrowhead  vs Cisneros

 

 

 :

 

 

M. R. Hamilton M. R. Hamilton's picture
Need some more details

Your explanation of what has occurred is a bit vague. But let me see if I can recap correctly and you correct me if I am wrong, scarylarry69.

  1. You paid for a mobile home $45,000 cash.
  2. You did not get the title to the home, ever.
  3. At some point after purchase of the home you fell behind on the rent  of the land????
  4. You were taken to court by the land owner for being behind on the rent of the land.
  5. He somehow got possession of your home.

If this sums it up, let me know. Your post rambles a bit and is hard to follow even for those of us who write court documents.

M. R. Hamilton
No Lawyer? No Problem?

scarylarry69
More Details

please excuse  my rambling Mr. Hamilton  but you pegged 

what i was rambling on about.

Preceding seizure of our home .

There were overcharges in the amount of $1000 dollars  and  another payment  of  $599.00 dollars was missing  by the manager  for 6 months, our  demand for the title had only gotten us the run around with  park agents and the manager  during 9 months preceding non payment of  rent  , my wife and i had been trying  to sell  the home only  3 months after purchase because we wanted to get the hell out of that  park, the manager had lied to us and was shady so we had asked  for our money back they said no  and then offered selling it back to the park  for less money and they refused ,during and after this time  we had escrow agents help in  getting  several  different buyers  for the home  who would carry on the land rental contract appropriately but  without a title to the  home we lost  buyers .

I was inexperienced with mobile home living  regulations and  laws at the time and the reality of  helplessness is  very real when it comes to authorities or law enforcement all they could tell us is that    "its a civil matter "  can't help you.

 

The park itself breached the rental  contract immediately at inception and also breach of an obligation  failure to deliver title in a timely manner as required and when demanded.

My wife and i  were permitted to move in right away before close of sale and before consummation of a  transfer .

Rental  agreement  prohibits certain  acts where the park has failed to follow its own contract from  inception of the agreement

 

According to the parks lease/ rental  agreement  who is also ( seller ) clearly states :

Park Lease Agreement  section (G.)

The manufactured home buyer has no right of possession or tenancy until all of the following requirements are satisfied in full.The following must be complied with before sale and move in .

Assignment of the agreement shall only become effective  as to tenants  buyer  after approved  for prospective tenancy on condition that (i) Tenants  transfer is consummated  and (ii) at the time of recordation  of title no prior breach of this agreement or any other justification for termination of tenancy has occurred. 

Buyer shall not take possession of the manufactured home  or home site should the sale not be completed in such case , buyer has no right of tenancy.

Park Lease - Note:  In the event there is no escrow ( there was no escrow) ,State Law  requires  that this rental  agreement must be made a part of   the purchase and sales contract of the manufactured  home in such case .

Lease:section

9.(B) USE PROHIBITED :   At all times at least one  of the persons  listed on the last page of this Agreement as a Tenant must be  the "legal" or registered owner of the Home which occupies the Space and that person must occupy the  Home on a full time basis.

Court document uploaded  for reference

Mr. Hamilton  the lawyers of this mobile home park ( Hart King Attorney's at Law ) have appointed themselves

with a  power of attorney over us and have falsified testimony ,submitted documents as true but were recreated by the park  manager who has pasted  our signatures on documents we had never seen before and  never signed committing  forgery .

 

L.J.C.

M. R. Hamilton M. R. Hamilton's picture
Are you still in the home?

Are you still in the home at this time or have you been evicted. Did the mobile home park take possession of hte home?

For the future, it is best when you simply detail the fact and do not commingle your opinion in the recap of facts. I appreciate that you have been injured, but more than have of your statement above is merely broad stroke opinions that do not aid in determining what has occurred. I still do not kow exactly what your injury is after two posts.

Do me a favor and answer the following questions.

  1. Did you pay cash for the home?
  2. How many months after you moved in did you stop paying rent on the land?
  3. Did you move in prior to the sale closing?
  4. Did you ever receive title?

I also need t have specific dates. An action cannot be file without a very specific recap of the events. Please provide the dates for the below events.

  1. Date purchase and sale agreement was signed.
  2. Date you moved in.
  3. Date you close on the home.
  4. Date you fist stopped paying rent for the land.
  5. Date the land owner took you to court.
  6. Date you move out if you did.

I also have to have copies of all of the court documents. However, this needs to be moved to the member forum before we get into that much detail. You can file an action for any kind of injury whenever you so desire. If the land owner is in breach of contract, that is an easy case to win.

If you had advise of counsel who told you to stop paying, you need to include him as a defendant.

I see you included some of the dates above. Ok, there are two ways you can gain access to the member forum. Either pay the $30 annual dues or take an oath of office for marshal, or join the military, or join the APP. But if you are going to join the APP, you might as well take the oath of office for continental marshal as well.

Email me your phone number so I can call you.

M. R. Hamilton
No Lawyer? No Problem?

scarylarry69
Still in the home

No  we are not still in the home Hart King Attorney's  took the home  with writ of possession  and then a warehouse lien an officer had served  a 5 day notice to vacate so we vacated not to cause any trouble and we did not know what to do after that accept take the park to court .

L.J.C.

M. R. Hamilton M. R. Hamilton's picture
This is a simple case of fraud

Judging by what you have provided so far, it seems to be a simple case of fraud. But until I see the paperwork I can't know for sure. Gt access to the member forum, I'll move this thread there and you can post t.he forst five documents there and we can go from there.

M. R. Hamilton
No Lawyer? No Problem?

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