we fired the lawyer and defended our selves.
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
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.
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
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 .
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 .
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.
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.
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 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 .
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