By Alton Donatto, Paralegal
When he came to us for help with an Unlawful Detainer (eviction) filed by his sibling, Joshua (fictitious name) had resided in his parent’s home for 27 years and was living on $1,000 per month Social Security retirement income.
After his father died, Joshua and his mother Alice (fictitious name), 95 years of age, remained living in the family home and Joshua served as her caretaker. Living together, Joshua and Alice had an informal agreement that he did not have to pay rent but would be responsible for paying the household utility bills.
A turn of events
Alice was the sole person listed on the deed to the family home. However, her daughter Tanya (fictitious name) had obtained power of attorney over her. In December 2019, his siblings moved Alice into another residence she owned and quickly thereafter, in January, Joshua was shocked to be served with an Elder Abuse Restraining Order listing Alice as the petitioner.
The allegations were that he choked her, and the Temporary Orders prohibited him from being near her and from having any type of contact with her. Heartbroken and stunned, he was also ordered to move out of the property, the family home.
In response
Joshua filed a response to the restraining order and appeared at the hearing on February 4th. Alice was there, accompanied by his sister Tanya and one of his brothers. After questioning by the judge, Alice denied the allegations and stated she loved Joshua. The matter was dismissed and on February 10th Joshua returned to live in the home.
An eviction notice
Once he returned, he received a court courtesy notice stating that an Unlawful Detainer had been filed against him by Tanya, as administrator of Alice’s trust. He called the Elder Abuse hotline and alleged that his siblings were controlling and influencing Alice. The hotline staff told him that due to the pandemic, they could not conduct a personal interview with his mother and that the case was under investigation.
Turning to CLA SoCal
Needing assistance with the Unlawful Detainer, Joshua turned to us for assistance. CLA SoCal intake staff notified him that the courts were closed due to the pandemic and there would be no eviction hearings until they reopened. Staff directed him to contact the court clerk regarding the status of the case and told him we would prepare an Answer to the Unlawful Detainer. His case was opened in the Compton office and assigned to attorney Rachelle Neshkes and me.
On April 6th, Joshua received copies of the court documents by mail. I learned that he was allegedly served with a 30-Day Notice to Quit (an eviction notice) on January 6th. An Answer was prepared for him to avoid default.
Siblings in control
Meanwhile, his siblings refused to let him speak to or have any contact with Alice. I advised him to contact Elder Abuse regarding his original complaint. He did so and found out they had closed the case and that he would have to file a new complaint, which he did.
On June 4th he contacted Elder Abuse and they informed him that his mother had been interviewed by phone. I advised him to call and check with the Probate Court to see if a conservatorship petition had been filed by Tanya.
New charge filed
On June 30th, Joshua called me and was very distraught. He reported that several Sheriff’s deputies came to the home the night before and demanded that he come outside. In turn, he asked to see a warrant and an explanation of why they were there. He refused to leave the house and the deputies left. He called the Sheriff’s station and was not given any information. He surrendered the next day and was released on a $50,000 bond as he was charged with elder abuse. The preliminary criminal hearing was set for July 22nd.
Served with Protective Orders
On July 10th, Joshua called to tell me he was served with Protective Orders stating that he was restrained from any contact with his mother and that he must leave the residence. With no place to go, he was forced to move into an extended stay facility, something he was hard-pressed to afford.
While in the process of moving his belongings, he returned and discovered that the locks had been changed. Since he was never served with process and had no idea of the allegations made against him, I advised him to return to the Compton Court and request copies of the documents.
The hearings
On July 22nd, he appeared at the preliminary criminal hearing and was sent to the wrong department. When he arrived at the right place, he was told the case was already heard. Fortunately, he was not too late to overhear the clerk tell his siblings that there was no Proof of Service on file and that the matter was continued to August 14th. Joshua contacted the D.A.’s office and learned the criminal case had been dismissed.
After meeting with Rachelle, it was decided that an Ex Parte request would be prepared on his behalf (for dismissal of the Restraining Order, rescind the Residence Exclusion Order and allow return to the home). The Ex Parte request and the extensive declaration outlined all actions taken against him by his siblings since December 2019.
The matter was finally set for a hearing on September 4th. Joshua informed me that his mother appeared at the hearing with his brother, who continued shielding her from him even though she was smiling at him and calling out for him. The judge read the prepared declaration and called his mother to the stand.
Joshua reported that his mother denied the allegations against him and told the judge that she loved him and that he had cared for her for years. The judge shook his head in apparent disgust at the allegations and the case was dismissed with prejudice and Joshua was ordered to return to the home. After leaving the courtroom, he collapsed in the hallway and the paramedics were called.
The final roadblocks
On September 22nd Joshua called me and said he had been in and out of the hospital since the incident and that he had returned to the home and discovered the locks had been changed and that his brother had posted for-sale signs on the lawn. He also found out his brother had brought in two boarders to live in the house.
Homecoming
After his health improved, Joshua was able to get the boarders to leave after calling the Sheriff’s Department, and he changed all the locks. Relieved to be back in the home, Joshua is stabilizing and recovering from the pressure of the struggle and the drain it has had on his small Social Security retirement income.
He expressed his gratitude to me for our assistance and support. To help him with probate assistance, we referred him to a sister legal services organization that provides the services.
