2524 E Santa Fe Ave
Fullerton, California 92831
IN PRO PER
North Justice Center, Superior Court of California
1275 North Berkeley
Fullerton, California 92832-1258
(714) 773-4555
North Justice Center (NJC)
Hector Cerda
DanaRose Crystal
Defendant claims the following statements of the complaint are false:
1.) IMPROPER SIGNATURE/ADDRESS: (cover sheet and page 3—at the bottom ) Signature of the owner, Jeanette Cerda -- a senior citizen--might be a forgery. I suspect such is the case, because the elder Jeanette Cerda ( she has a daughter with the same name ) lives in Riverside ( with another daughter ) for her cancer treatments, and has lived there for a number of years, yet always fails to provide this address in the eviction notices I have seen of previous tenants and of myself. Also, I further suspect the signature is a forgery because this notice was deemed to be signed on Thursday, December 4. Jeanette Cerda Sr. was nowhere near Fullerton, but in Riverside –and if there are official records of her being elsewhere that day (such as in a Riverside hospital ) it is apparent that the signature is a forgery. Her son, Hector Cerda works during the week and is absent from the house from 6:45 am to about 3pm. Did he drive all the way to Riverside and back to obtain this signature?
More reason to suspect forgery: in an eviction of another tenant ( during this summer of 2008 ), Hector Cerda delivered the notice, then realized he didn’t have his mother’s signature. The tenants ( David Duplessis and Susie ___ ) told me that he left, then returned within a half-hour with his mother’s signature. They suspected that Hector’s girlfriend Kathy Schmidt forged the signature. During the three evictions ( counting mine ) that I have witnessed, Ms. Schmidt is always in residence or close contact with the Cerdas, due in part to her being an amateur lawyer –she fills out the forms for Hector, prepares them and usually serves them. Ms. Schmidt is currently in residence at the Cerda house and has been since October 2008.
More reason to suspect forgery: recently, Hector had told Kathy Schmidt that I could help forge some legal paper for her own case. I did not end up doing it, though I was interested in seeing what this paper was.
2.) Jeanette Cerda Sr. has actually lived in Riverside ( with a daughter ) for a number of years, yet this address has never appeared on any of the legal papers I have seen in the past three evictions ( including my own ).
3.) HECTOR CERDA IS THE COMPLAINENT, NOT HIS MOTHER. Hector is the official manager of the house and serves as the landlord, dealing with all tenant issues. Yet he is not named, until the final page ( and his name is only printed, not signed ). This is a distortion of reality. Hector Cerda was the one with whom I had all dealings. His mother only signs these notices when he instructs her to do so. I have not seen nor spoken with the elder Jeanette Cerda since this past summer. Unless her daughter, Jeanette Cerda (Jr.) is now considered to be the legal owner (–because as of this summer, she became a resident, living at this address ), the plaintiff information is faulty and incomplete. Since Hector made the decision in this eviction, my case revolves around my relationship with him, not his mother ( although to some degree, it also involves his sister ).
MORE IMPROPER FILING:
1.) PAGE 2, section 6. C. –it says: “defendants not named in item 6.a. are”---(3) other—UNAUTHORIZED OCCUPANT. Since my own name is hand-written in 6.a. this is in error. What/who is the unauthorized occupant?
2.) PAGE 2, section 8. A. –in reference to the 3-day notice to pay rent or quit, it states that this item was served “by personally handing a copy to defendant.” Again, it was Hector Cerda who handed it to me, not his mother.
3.) PAGE 3, section 19. In answer to whether or not an unlawful detainer assistant give advice or assistance with this form, plaintiff checked the box that says “did” ( receive assistance ), yet no name/address/registration number are provided. This is in conflict with the answer on PAGE 1, section 3. Where the box marked “did not” is checked.
EXORBITANT PER-DAY RENT: PAGE 3, section 11. « fair value » is rated at $12.10 for October and $6.67 for November. Please see “other statements” section 4. The property is overvalued at this rate and other. I further claim that I am paid up to date –by reason of the promises made to me by landlord Hector Cerda. I would never have moved from the privacy of my rented-garage-room, if not for his promises. If I knew he would evict me, he would have had to evict me from the garage, not from the living room, which is not worth any money at all in rent.
1.) First, the garage itself is technically illegal to rent, since it is not converted.
2.) Hector had offered to rent it to another person at the lower rent of $300-350, instead of $375. He hiked the price when he offered it to me, just a couple of weeks later.
3.) When the person referred to in (2) arrived, Hector tried to make me move out of the garage and onto the couch “not permanently” he assured—only until the tenant in one of the rooms was evicted. I resisted moving out, since the person ( named Dylan Kelly ) didn’t like the entire household residence and wanted to leave. He told me that he wanted his deposit back and to leave. But Hector refused to do so, at that time. Dylan later sued, and they settled out of court. Hector had charged him an exorbitant fee for living room, too, I believe. When Hector had first offered rental of the living room to me ( in August, 2007 ) his asking price was $300 ( but I ended up renting the garage, instead ).
4.) Dylan is witness to the effect that the Cerda living room is not a suitable place for rental. When he was there, Hector’s elder brother, Arthur Rivas Cerda returned, and Dylan felt afraid of him, because of his behavior. Dylan was so upset, that he begged to sleep on the couch in the garage I rented. I allowed it for about 2 or 3 days, then Dylan’s friend drove him to his own place to stay. But aside from that time and this, the Cerda living room has not been used for tenant rental; it has only otherwise been used to house family members for either long or short stays, which I presume were for no money or only a nominal fee. This is one of the problems with my supposed rental agreement for the living room --$200 might be a fair price for a living room in someone else’s residence, but not in the Cerda house. During the 16 months I have lived at the Cerda’s quite a number of family members and friends, and Hector’s girlfriends slept in the living room. Hector’s mom stays occasionally, but not for very long ( except this past summer, when she stayed for more than a month ). The living room is not set up as a place for professional rental. Hector made no contingencies for if/when a renter might be displaced by one of his family members or friends. Even if the renter can still be there, difficulties are created by the mix of persons who might not be suited to sleep in the same room. Also, why should a lessee bear the rent, while others sleep for free within their rental quarters? During the entire time I was moved into the living room, I have had to share the room with Hector’s girlfriend, Kathy Schmidt, who sleeps on the couch when she is not sleeping in Hector’s bed. She also snores extremely loudly. I have also had to share these sleeping-quarters with Kathy’s brother –on Thanksgiving Day night—and Hector’s friend, Anthony, for somewhere around 5-7 days on and off. Anthony tends to be very loud and talkative. On the most recent occasion, Anthony’s talking and Kathy’s snoring kept me from getting sleep until after 5 a.m. Also, when people who smoke want to go onto the patio, they have stepped on my blanket and sheets to go past, as I sleep on the floor. The floor is uncomfortable and hurts my back, neck and ribcage, so I must borrow the couch pillows for cushioning. As I say, the rental should be reduced or eliminated during the days/nights the lessee is thus inconvenienced. Since Hector made no such set-up, no contingency plans, I claim that I owe him nothing, because the living room has not been worth $200 rental and others have stayed for free.
5.) Further impairment to the value of living-room-rental: Hector promised me that in a rental agreement of $200 per month, I would get an area for my computer to be set up, I could have my belongings, and he helped me move three pieces of furniture in there –although, the way he arranged these was dangerous and impractical. He set the high-boy bureau atop one of the short commodes, though it precariously wobbles and threatens to topple when I open the drawers. When I saw this, I asked him to help me move the taller bureau to the floor, but he would not. He promised that he would help rearrange it later –that he just wanted to get the garage cleared-out, and just to set things into the living room. When I reminded him of his PROMISE to re-arrange the furniture, he said "It's not MY job."
6.) Rent for the garage was not truly $375 for the month of October: When I agreed to move from the garage to the living room, it was only due to Hector’s assurances. On or about October 14, 15 or 16, he said “I will do something for you that I wouldn’t for anyone else. You have a $250 deposit –I’ll use that for rent [ for October ].” He did not go on to say that I would owe him the rest –which implies that my entire rent for October would be paid via this deposit. I feel $250 is a fair rent for my stay in October 2008, since I did not live there for the entire month. Hector moved me out of there, and into the living room on the weekend of October 18-19. But because his girlfriend, Kathy Schmidt also moved into the living room on Sunday 19 or Monday 20, Hector asked me: “Dana, could you sleep in the garage, tonight? You can have your radio…” because Kathy Schmidt was going to sleep on the couch. I had been prepared to move fully into the living room –most of my belongings were there. At that point, I had very few things left in the garage, and only used it to sleep in, as I was gone for most of the day. It was no longer my dwelling place, but this occurrence left me in a twilight zone. I did not officially and finally sleep in the living room until Thursday, October 23. But it was at Hector’s behest that I use the garage to sleep in, for those final days. THEREFORE, I AM PAID UP TO DATE FOR OCTOBER –PER HECTOR CERDA’S USAGE OF MY DEPOSIT FOR RENT, AS HE PROMISED. BUT just in case Hector might try to claim my deposit in exchange for he, his sister and her boyfriend having helped me to move out, I assert that he stated no such thing before, during nor after this moving-out/cleaning up. Also, a couple weeks ago, Hector said that most tenants would get charged for a landlord having cleaned up after them, but I had gotten their help “for free.” Ergo, according to Hector himself, he didn’t charge me for this clean-up, and the deposit was intact and available to use for rent for the month of October.
7.) The amount of $200 was not a solid rate --nor was it fair value for what it transpired to be: Kathy Schmidt has slept in the living room ever since October 19 or 20. I have never once slept on the couch, as promised. The offer of the living room as living quarters for me was made to me by Hector Cerda, on or about October 14, 15 or 16: he said “I understand that shit happens and you can’t pay your rent. You can either be evicted [ from the garage ], or move into the living room.” He went on to explain to me that he needed the rent money. A woman-friend of his [ Karen, with whom he denied having a sexual relationship: “She’s just a friend,” he said ] needed a place to stay, temporarily, until she found a permanent place. Hector explained this was a good deal for both us –he would get rent money, and I would get a reprieve. He said that I could move back into the garage, once I had the rent money. He said he planned to improve the garage, so it would be a better living quarters. I asked if the rent would go up in price? He said “No —- the rent is $375 and it is going to stay $375.” He assured me that I could move back into the garage, once I got my “act together.” As for the living room, Hector said that the rent would be $200 –“ Do you know what will happen if you don’t pay it?” Hector asked. I replied my assumption was that I would be “thrown out.” “It would be like Dave and Susie,” I said. “You said they should at least pay towards the electricity and water…” But Hector interrupted me, saying with a gentle, sweet voice “No. You are different. With them, I wanted them gone so much I would’ve paid them to leave. I understand that you aren’t working, and have to pay your storage unit ( rental). The rent is $200, but if you don’t have it, give me what you can, but I’ll understand if you can’t [ pay anything ].” Thus, Hector Cerda excused me from paying any rent toward the living room, if I hadn’t the ability to pay. He didn’t even say that I would owe him the balance of the rent –he simply said that I could give him what I could afford, but if I could not pay anything, that he would “understand.”
This deal became fouled-up, I believe, due to problems and complaints by then-fellow-tenant Barbara McCoy Shelton. During my conversation with him on December 6, 2008 Hector told me that Barbara had complained, saying that I was getting free rent in exchange for sex with him. Kathy Schmidt had told me the same thing, the night that Barbara chose to suddenly leave and move elsewhere –that Barbara was complaining, “Why should she get free rent for having sex with Hector, while I pay $500?” Kathy seemed to believe it herself, at one time, and had contributed to Barbara’s distress by compounding the issue with her own jealous speculations –that on Halloween night, Hector had fondled me. Recently ( prior to the 3-day-notice ), Hector came into the living room and said –in front of both Kathy and me—“On Halloween night, did I touch your breasts and your pussy?” Hector wanted vindication so I averred his view; then Hector looked at Kathy, saying that he didn’t like to be the subject of gossip. In actuality, on Halloween night, Hector and I were engaged in mutual sexual teasing, though I never told anyone about that, until this moment of writing it. I surmise that Kathy gossiped about what she overheard and perhaps glimpses of what she saw --although what Hector and I did was not as graphic as what she had presumed.
THIS CASE SHOULD BE TRIED IN FAMILY COURT, DUE TO THE NATURE OF MY RELATIONSHIP WITH THE HECTOR CERDA:
Hector and I have had a sexual relationship since the day we met. Even before that –when I first contacted him on Saturday, July 28, 2007, it was due to a Craigslist.org listing for a room for rent. I emailed, Hector replied on Sunday, July 29, telling me to phone him so we could talk. During the phone conversation, Hector said very personal things of a sexual nature and asked me to send photos of myself. I did so, and he wanted to meet with me –to discuss the room, as well as to see if we “clicked.” We clicked over the phone, I was interested in him as well as the room for rent, and he drove me to Carl’s Jr., where he bought me a $6 Burger meal. Afterward, he drove me to a park and we got into the back of his van to have sex. I worried we’d get arrested, and that fear rubbed-off on Hector and we quit.
As for the room for rent--during my first phone conversation with him, Hector said, "This guy doesn't know it yet, but I'm going to give him a 30-day notice." He was referring to Andrew Kartashev, who rented the front bedroom. Andy later told me that his rent was $400/425, with $25 extra for the air conditioner, and when I visited Hector in his bedroom, I saw he had several flyers next to his computer that advertised a room for rent at $400 per month. Yet, Hector always named the price to me as $500, and he denied renting to Andy at the lower price. Yet Andy's court documents stated otherwise, so Hector was clearly lying.
But on July 31, Hector called me to offer to let me move into his home, and if I paid him a deposit of $1,000, the room would be mine, after Andy moved out. Hector told me he'd drive over immediately to pick up the check, so he could cash it. I was in great need of a place to go, since my lease was up, and my then-current landlord's sister was moving in that week --but my heart was in my mouth at giving some of the last money I had in the bank --until my loan checks and financial aid checks arrived that September. I was at the low end of my bank balance at that point, though I had a little more than $1,000. I told him yes, then I phoned Hector, saying, "I don't know that you really have a house. You only showed me your van --which has a bed. For all I know, you live in your van." To that, Hector replied that he understood, and that he would prove he had a home, by driving me there. Hector then did so, and I met and spoke with his mom, while he wrote out a lease for me ( which I insisted upon ). But after about 15-20 minutes, he returned to me with only a piece of ruled note-paper with the words: "__________"
I was shocked at that. My two previous landlords had given me professional leases. I expected a real lease, and said so. Hector promised me that he would write out a real lease later on [ but he never did, no matter how many times I asked ]. Hector drove to the Bank of America at Chapman/State College to deposit it, then drove me home. I had left two or three of my bags at the house, in the living room, per the mom's suggestion. While there, Hector had introduced me to Richie and Amy, the other renters, and he pointed out Andy as the one whom he was planning to evict. Hector had said, "There he is," while glaring-daggers at Andy's back. Hector sustained that glare even after Andy closed his bedroom door.
I was uneasy about having given Hector a check for $1,000 with only that piece of paper, and shocked and upset at the alacrity with which he'd cashed that check. While I was at home, cleaning and packing up my stuff, I was immersed in worry. What if he was a scam artist? How was I to be sure that his real mother? Maybe they were both scam artists? I first called my friend, Helen McCall and asked if her son-in-law, the policeman could look into this. I had taken down Hector's car license as well as his address and name. Helen told me her son-in-law worked for Anaheim police and would not check into a Fullerton matter.
I then called one of my boyfriends, Joe Rydzewski, a private detective who used to be a cop. He checked Hector's info for me, saw that Hector had a big family --and sought to quell my fears. "He seems like a family man, trustworthy." But I wonder if Joe's search turned up nothing scary, because Hector was using his dead brother's identity for his driver's license, as he did for his Fullerton College student ID? I think he does, because otherwise Hector's prison record would turn up.
Hector had me help him register for Fullerton College classes for Fall 2007 and Spring 2008, for which I needed his birthday and social security number. His birthday -- as he told me --was March 15, 1961. But I was to find out differently: on March 15, 2008, I told Hector "Happy Birthday," and he replied, "My birthday was last September." When I reminded him that I'd helped him register for school with that birthdate, Hector said, "Don't believe everything you hear. My birthday is in September." That fact was confirmed by his mom and sister Jeanette Jr. and brother Louis, after the celebration of the mom's birthday in the summertime. Louis said, "My brother has two birthdays," to which Jeanette Jr concurred. On a later day, I asked the mom if Hector's birthday would be celebrated September 15. She equivocated, saying, "I don't know." I assume that she is used to protecting him and his "secret" ( although Kathy Schmidt knows --she told me that he uses the birthdate of his brother, who died as a baby and was also named Hector ).
But on that day, July 31, 2007, I was terrified that I had been conned. I kept trying to phone Hector and he would not answer. Hector had promised to help me move most of my belongings into my storage unit --and time was growing short, The storage facility is only open 7am-7pm. Finally, I tried a desperate move. I left a message saying, "My friend thinks you are a con artist and that I should call the police, Hector. What should I do, Hector? I am really worried and my storage facility will be closing at 7." That did the trick. Hector returned my call with celerity, promising to be there soon. As I could not quite finish packing/cleaning, I had told my then-current landlady that I would have to stay and work all through the night to get it done and leave the next day, August 1. Hector told me that since I was going to move in anyway, that we could take what I planned to use at the house to his home and take the storage unit things the next day. That made sense and it made me feel a little easier about the matter.
I rushed many of my belongings into his van and we took off, unloaded the stuff and he drove me back with the promise to return the next day. Problem is the next day, Hector failed to answer my phone calls again --finally, after making me sweat, he showed up with his brother, Artie. They both helped me carry and move the things into the van. But Hector showed his mean side then--he told me that he didn't HAVE to be there, helping me move: he was being kind and helpful and was miffed that I was so demanding instead of being grateful. I was concerned about that. I could not afford to make him angry, but he had PROMISED! That was the thing --I was counting on him, and he was making me jump through hoops and not answering my worried phone calls --when I had given him some of my last money with that $1,000!
I was careful in what I said to him after, concentrating on the other guy with him --Artie. I appealed to him to help, gave him gratitude and thanks and concern. I needed an ally. Artie was helpful and did most of the carrying and moving. But when we made our last load, I knew I would have to ask the landlady to allow me to leave some boxes there and to pick them up later, because they would not fit into the van. She said I could, and I told Artie and Hector about it, as I entered the van. Before I could close the door, or even get my right leg inside, Hector took off. I called, "I'm not in, yet!" I could've been hurled from the van to the road! We made it to my storage unit at about 6:35 pm, and had to rush my things inside. Hector said, "I told you. We made it with time to spare!" Oh, yes --barely 3 minutes to spare for us to get out the gate.
We arrived at the house and some of my belongings were stored in the garage. I sighed with relief as I half-lay on the garage's couch. I indulged myself with a phone call to Ron Jones, my platonic friend. We chatted awhile, and I called my friends Helen and Joan. Hector came from the house, and said to me, "I see you've made yourself comfortable out here. I have an idea: you can rent the garage instead of the living room." We struck a deal then, for me to wait out Andy's departure in the garage. Rent would be $375. At the time, I considered it a good deal, as opposed to the $300 Hector had wanted to charge for me to stay in the living room.
It seemed like a nice place to be --except later, Hector and I struggled over the amount of space I wanted for my belongings. He wanted me to keep my things only in the front of the garage, while I needed them to be further back --because the hot sun melted my chocolate bars and my food was vulnerable to insects in the front.
But then, that first week, it seemed good. Except I hadn't received Hector's phone message telling me not to say a word to Andy about his eviction "Because I haven't served him yet," Hector said.
But I didn't hear that message until after I spoke with Andy. We ran into each other at the 99 Cents store. He said, "Aren't you the bird lady?" He was referring to Kathy Schmidt, who liked to play with the cockatoo. Andy knew he'd seen me somewhere at the house. Later, Andy had remembered seeing me there July 31, the day I'd moved my stuff in. I told him I'd just moved into the garage. I asked him, "Where will you be moving to?" Taken aback, he replied, "Nowhere --I think?" He asked, "Who said I was leaving?" "Hector," I answered. "It can't be Hector," Andy said. "Hector and I are cool. Are you sure it isn't Artie? You know, mustache, baseball hat?" Uh, yes, I was sure it wasn't Artie. It was definitely Hector who said that, and I told him exactly what Hector had said ( "This guy doesn't know it yet, but I'm going to give him a 30-day notice" ). Andy speculated openly as to why he should be evicted. "Are you sure it wasn't Richie he was talking about? Richie is always late with the rent. I never am --and I paid my rent for this month!" he said. I was sure. Andy and I walked towards home. I was worried when Andy said, "I hope you don't mind that I ask him about this." Uh--I asked him not to mention that I'd said it to him. But it was odd! If Andy was not going to be evicted, that meant there was no room for rent all along. Was Hector lying to me? Was I right? Was he a con artist?
Alarmed, I listened-in to his conversation with Andy, where they were talking about ME! Andy said, "I think she seems like a smart girl..." Earlier, I had overheard Hector in conversation with Richie about me, and with his mom. I was to discover that was Hector's modus operandi --to always talk about everyone else in the household with each person --and always expecting each person to keep secrets from everyone but him. And in that conversation with Andy, Hector lied to his face, assuring him that he was NOT going to be evicted.
Hector didn't drop the shoe until August 3--when he finally gave Andy his 30-day notice. I asked Hector why he hadn't given Andy the notice earlier, or at least admitted to him that he was planning to evict him. Hector replied, "I hadn't written the notice yet." [ this was to backfire on Hector. Andy was particularly incensed that Hector had lied to his face. He said he would never have been so angry had Hector not lied like that. Hector never learns. ]
During this time, Hector wasn't even being honest with ME. He continued to leave the ad on Craigslist and answered inquiring emails from females in the same manner as he had with me --inviting them to phone him. It appeared this was a sure way to pick up chicks. I found this out, because I was helping Hector register for classes, and he opened his Yahoo email in front of me, and I saw three-four emails asking about the room for rent. The favorites were from females. Hector hadn't answered the males. It was at this time I saw the flyers advertising the room for $400. WHY was Hector trying to cheat me? But I realized that if he cheated Andy, he could certainly cheat ME! I was between a rock and hard place. At that time, I had been turned down by so many potential landlords that I had no confidence at all in getting a room somewhere else.
I spent time talking with Andy in his room. I noted the room size, which was about 9 X 9, as opposed to my previous room, 14 X 14. When I brought that up later to Hector, he swore that it was the same size as my old room. I told him it was certainly NOT. He gave an attitude of impatient-humoring of me. That attitude plus other things Hector was doing served to damage my trust in him --though not my sexual desire for him when we were near. When I was in his bedroom, helping him with internet, I was tantalizingly close to his bed, and wanting him so much.
When I expressed my fears Hector came to me Due to the absence of a real lease, I lived in fear for months, thinking that I had obey Hector, no matter what, or face eviction. I thought I had no rights.
3. AFFIRMATIVE DEFENSES (NOTE: For each box checked, you must state brief facts to support it in the space provided at the top of page two (item 3j)).
(nonpayment of rent only) Plaintiff has breached the warranty to provide habitable premises.
Plaintiff served defendant with the notice to quit or filed the complaint to retaliate against defendant.
* Hector Cerda has admitted to that effect. Several times, he has cited his reasons for evicting me was that I "gossiped too much" about him. I did no such thing, and tried to explain that he had placed me in a difficult situation by having his girfriend and I sleep in the same room. She is very chatty about intimate details of their sex life, about him, and especially some information regarding his personal body. There is one "secret" Hector has that he is embarrassed of, and swore me to secrecy. I did not tell, until Kathy gabbed about it, then I'd only admitted that I knew about it already, because I, too, had assisted him in this "secret" thing, while she gabbed in detail, numerous times. I believe Hector's sister was the one who squealed on us.
By serving defendant with the notice to quit or filing the complaint, plaintiff is arbitrarily discriminating against the defendant in violation of the Constitution or laws of the United States or California.
Other affirmative defenses are stated in item 3j.
3. AFFIRMATIVE DEFENSES (cont'd)
j. Facts supporting affirmative defenses checked above (identify each item separately by its letter from page one):
All the facts are stated in Attachment 3j. OR Facts are continued in Attachment 3j.
4. OTHER STATEMENTS
The fair rental value of the premises alleged in the complaint is excessive (explain): In the 3-day notice, it is stated that the rent for October was $375 and the rent for November was $200, and neither were paid. In October, prior to my being moved-out of the garage, Hector Cerda told me that he would use the $250 deposit I had to pay for October’s rent. He did NOT add that I would have to pay the remainder of the usual $375 ( i.e., $125 )—he simply said that he would use the $250 deposit for October’s rent. Since I had to move my things two weeks prior to the end of October, I feel that $250 is a more fair rent evaluation for October than $375.
Also, the deal with the living room at a rate of $200 per month was made with Hector’s guarantee that I would have space for my computer to be set up ( but the table and space he subsequently offered were unacceptable and risky –he ventured a table next to the swamp cooler, and in a dark corner, too close to the birdcage, which contains a noisy cockatoo. Also, I was to sleep on the living room couch.
that plaintiff be ordered to (1) make repairs and correct the conditions that constitute a breach of the warranty to provide
habitable premises and (2) reduce the monthly rent to a reasonable rental value until the conditions are corrected.
Other (specify):
Breach of Contract: Hector Cerda promised that I could stay in the living room until such time that I could again afford to pay $375 to rent the garage.
2.) Hector gave me a 60-day notice to leave on November 2, 2006, and he went back on it ( I strongly suspect ), because Kathy Schmidt told him it was improper and could get the eviction thrown out. I do not believe that was true in itself, but that is one explanation of why he chose to serve a 3-day-pay-or-quit.
3.) improper serving of the notice. Hector handed it to me, but also said things that are false –that he could just throw my belongings out on the front lawn or into the trash, after the three days were up. This served to terrorize me so that I could not sleep that night., partly due to that, and partly due to Kathy Schmidt’s having periodicly wandered around the room.
DEMAND REIMBURSEMENT FOR DAMAGES INCURRED:
1.) Barbara McCoy Shelton contaminated my beauty-face-lotion. A replacement will cost about $11-12.
2.) My clothes detergent has been used by someone. It is nearly empty, from a container more than half-full. Suspects include Hector's sister, who might have thought it was her mom's ( because it's the same brand, though a different color bottle ) or Kathy Schmidt, because she always overuses dishwashing liquid ( using up a brand-new bottle within days ). Because of her general wastefulness Kathy would have been likely to use-up my detergent to this degree.
3.) My $60 policewoman's costume. I cannot find it, and Kathy Schmidt admitted to having borrowed it without my knowledge or permission to tease Hector and his sister and her boyfriend. Kathy expressed desire to own it, though I refused her offer of $25-40. It has sentimental value.
Hector's complaints that the garage was messy is partially his fault --he promised to help make it more habitable. He could have provided shelving at a relatively low cost, but did not. I had nowhere and no how to store my belongings, my clothes. I needed shelving, closet space and bureaus. I didn't get bureaus until just before the ax fell --I picked these up from neighbors' throwing them away. But he promised to help make it habitable. Hector has no right to rent either garage nor living room when neither are suitable for living quarters. When I moved into the garage, the carpets and floor were dirty and insects crawled all over everything I owned. The dirt, insects and general atmosphere of the garage contributed to my malaise in dealing with any clutter of my own.
Hector's complaints about the living room being messy is partially his fault --he promised to help make it more habitable. He could have provided shelving at a relatively low cost, but did not. Where was I to put my things? Fact is, Hector promised that I could store my things in his attic --and that never happened. Once I was moved into the living room, it became all my problem --and it was a great big problem, because I became the subject of verbal abuse and a mean attitude by Barbara McCoy Shelton, Jeannette Cerda Jr., and now Kathy Schmidt. Each have called me a whore and were either icy or hot with unwarranted fury. Jeannette and Kathy have each threatened me with physical harm and I was punished by Hector for having "banged on his door" on Thanksgiving Day. I had pounded his door in fear and upset because Jeannette Cerda had deeply insulted me and threatened me. At the time, Hector had seemed to be on my side, and had told her to stay out of my way. But days later, on November 30, he gave me a 3-day notice, using that as one of his reasons.
Also, the 3-day-notice does not take precedence over the 60-day notice that Hector had given to me on November 2. Hector had been nice to me until that day --even sexually flirting with me on Halloween night. But on November 2, we had spoken on the phone, and he was angry at me, for something. He claimed that I'd told everyone in the house that we were sleeping together. I had not. That was Kathy and Barbara and Jeannette who were passing around speculation. But Hector yelled at me, "That does it! That's the last straw!" When I arrived home, he took me into the front yard to the bench and handed me the 60-day notice. He said that my staying in the living room wasn't going to work out because of complaints from his sister and from Barbara.
However, he spoke to me gently in a seductive voice and laying a hand upon my breast, he said "But if between now and January 1, you come to me with a plan of how we can make this work, I'll tear this [ the 60-day-notice ] up." Well, I came up with a few plans, but he has not relented. I ask the court to make Hector honor his promises to me --he needs to make the living room and garage habitable, and to honor his promise to let me stay for free --because he DID make that promise to me.
Hector engaged in sexual non-sequiters, frequently. Recently, while I was resting on the floor in my makeshift bed, Hector entered the living room, to shush the noisy cockatoo. He said to the bird "If you don't shut up, I'll have to fuck Dana." Another time, he was helping me put some items in my storage unit. He urged me to hurry up, "Or I'll pull down your sweats ( pants ) and fuck you." He said that at least 4 times on that occasion. Well, that wasn't taken by me as a threat --Hector would express himself so many times. Some men like to do sweet talk; some do gentle talk; but Hector uses this form of raw language and sometimes violent imagery to express sexual desire. At other times, he would react jealously when I spoke of other men in my life. He'd count them off on his fingers, saying that they were all on his "death list" and/or that he'd kick their asses and/or that he'd put each man in the hospital. How sweet of Hector! In this way, he showed signs of possessiveness toward me, that he couldn't bear to let another man have me.
He was also jealous of Anthony coming on to Kathy. On December 6, when he was telling off Anthony for getting me to write a note to Hector, one of things he said to Anthony was "And now I hear you're trying to take Kathy away from me!" Later, Hector denied ever saying it. But Kathy might have used the situation to see if Hector had possessive jealousy for her. Kathy and Anthony engaged in conversation and talk that made it sound as though they were having a fling. Anthony said, "We already had sex twice in your car" while Kathy laughed. I didn't tell Hector, because I thought that might've been a trap they were setting for me. But Anthony told me he'd kissed Kathy--and he made me kiss his cheek. I was a bit afraid of him --he seemed like he was on amphetamines that night. He was so hyper and annoying. Hector and he claimed he was only drunk --but I don't think so. Anthony told me that Hector was "a bad ass." According to Anthony, Hector was an experienced boxer who kick anybody's ass. That is what Hector had told me. I hadn't believed it when Hector told me that he really had wanted to fight with Andy, to beat him up. But that might've been what Andy wanted, because he wanted to have Hector arrested.
That night, I had come in, wanting to cook a TV dinner, and noticed that some seemed to be missing. I was complaining, and Hector overheard me. He confronted Andy, then went to his bedroom. Andy complained "What did I do?" Richard Oliver, the other tenant, emerged from his bedroom and railed at Andy "You stole her food! Like you steal everybody's food!" They got into a huge shouting match which became a fistfight.
I realized too late there is nothing to preserve. I love more than I am ever loved in return, and the Cerda household is a trap --which came clearly to me, during conversations with Kathy Schmidt --who is in an emotional trap with Hector as well. However, if Kathy had not come to stay, I fully believe that Hector and I would have been engaged in a more full sexual relationship. Those who accused me of having sex with Hector in exchange for living there hit closer to the mark than either Hector or I wanted to admit. Fact is, when Hector offered to let me stay in the living room, I fully expected to be sleeping with him much of the time. Months ago, Hector had told me to leave my cell phone on, so that when he had his usual erection at about 4 a.m., he could call me to come to his room for sex. I left it on, but we didn't end up enjoying early-morning rendevous, for one reason or another --likely due to exhaustion on the part of one or another of us. Also, the garage is detached from the house, making it a cold trip for one of us. But if I had been asleep on the couch, it would have been easier --as demonstrated by Hector's having done this with Kathy. Many times, he phoned her, or she phoned him, and they ended up together for the night --or he came out to the living room, whispered to her and they left for his bed. Kathy told me this, herself, that he had come to her and asked for sex the second night she was here. If she had not been in residence, I fully believe it would have been me whom he asked for sex. Kathy also performed duties such as cooking and cleaning in exchange for her own "room" and board. I could have performed those duties, myself --thus, I would not be treated as a lazy sponger. Kathy pays no rent. She buys things for the household, as is her habit, and sometimes pays for the food she cooks. But I could've done cleaning, cooking and had sex with Hector. It would have been welcome, because I love Hector and wanted a fuller relationship with him --which is what I believe he had in mind when he offered the arrangement of my staying in the living room.
During the summer, Barbara used to speculate ( in front of me ) as to why he hadn't kicked me out for being messy. I felt it was because of our personal relationship and his warm feelings for me. The wrath of Barbara, his sister Jeanette Jr., and Kathy at my being allowed free or reduced stay on the couch should not have been allowed to interfere with, nor to curtail this arrangement which was Hector's own desire and choice. If Hector chooses to allow a visitor, guest, family member or lover to stay in the living room for no rent, the choice of this was his and mine to make. But Hector now ripping everything away from me, because he wanted to punish me for "gossiping" is not fair. This falls into the catagory of him issuing the eviction(s) due to retaliation against me for "kissing and telling." That was his major reason for this and his current cruelty to me.
Kathy has informed me that MY trial will be on Friday, December 19, 2008 at 1pm. I checked the court website, which says that Friday at 1pm is the day for Ex-Parte motions --which means they sought a shortened time period for this eviction. Those bastards. If not for Kathy informing me of this, I wouldn't have known --but then again, she is the one who made this shortened date motion.
I wonder if I can do likewise? Get a restraining order against Kathy and make her leave the household? They have to:
Central Justice Center Ex Parte Hearings only, Ex Parte Applications must be in writing and:
Include a declaration of Notice of Ex Parte Hearing;
State in first paragraph of application the irreparable harm that will occur if the relief requested is not granted until after a formally noticed hearing;
Include Points and Authorities;
Include a proposed order;
Be filed in Room D-110 by 12:00 p.m. the court day prior the hearing.
Of course, that is Central not North Justice Center. I need a lawyer, fast.
Maybe two can play it that game. I can sue my other two landlords and use an ex-Parte to force the matter early. Or sue Hector and use Ex-Parte, as well. They plan to use the fact that Hector's mom has been diagnosed with lung cancer, with only a few months to live. Either that is or isn't true. But even if she has been so diagnosed, if it has not been deemed inoperable, untreatable, then it isn't truly a death sentence and they are using this as a means to do me harm and to use the justice system to get away with cheating me of proper time and ability to prepare for a case.
One thing --Hector's mom has been party to and accomplice for Hector's illegal activities. She has covered-up for his crimes -- she well knows that he uses a false ID and that he is currently a drug runner.
Currently, Hector is dealing drugs. So says Kathy Schmidt, Barbara McCoy Shelton and others --is such hearsay? The evidence: For the time I have been living at the home, Hector has made numerous trips at night and in the day. I had naively believed Hector was buying fast food, or making booty-calls. I was just guessing. Barbara thought it was to deal drugs, and so did Dave and Susie, and so does Kathy Schmidt. Hector had his friend, Anthony make trips to ( apparently ) the more dangerous areas/deals. On Saturday, December 6, 2008, Anthony lay on the living room couch, howling in agonized pain, because some black guy had kicked him in the chest. From what he said, it sounded like a drug deal gone bad. Anthony also made a long trip to Bakersfield on Saturday, October 25, with the lame excuse that he was visiting a girlfriend. If so, why did he need me to make a detailed mapping of the trip from Hector's house to the girlfriend's --why would not know his GIRLFRIEND's address? It is Kathy who put two-and-two together. She strongly suspected Hector of dealing drugs. I have come to believe it to be true.
In November, prior to the November 30 delivery of the 3-day-pay-or-quit, I heard Hector on the phone saying, "I have your package for you. I think you'll like it... " and saying there were "ten of them." Some drug that comes in a package of ten. I bet Kathy had a change of heart, and helped to oust me with that 3-day-pay-or-quit and now with Ex-Parte motion, to get me out ASAP, before I decide to have Hector put in prison. It's possible that nothing will work on Hector to soften his heart anymore, because of Kathy. Though it's his sister who has her eyes on the house. If his mom is really dying, it's a short matter of time before he, too, is ousted. His mom won't let him inherit, because of liability via his drug dealing.
