I just returned from the “Ex-Parte Motion to Vacate Judgment” on the matter of Lacambra vs. Shea Properties. The Hon. Judge Makino was back from vacation and called my case first. He actually asked me to put the matter on regular motion to preserve the meaning and construction of the “Ex-Parte Motion”. That means I have to serve the Defendants with my motion and give them the opportunity to respond in writing.
I was eager to have the ruling corrected right away so I can continue with my discoveries. It turns out that there may be some advantages to this, if I decide to let the ruling stand and not oppose or appeal it. One of the biggest hurdles I had on this case was being able to raise the resources required to do a proper "discoveries" on a 126-year-old company with operations strewn across California. To prepare my case for trial, I will have to interview almost all of the management staff and employees to uncover every nuance of their corporate culture. If their corporate culture is permissive of tenant-rights violations, then, arguably, I bolster my case. In our society laws require that we, as members, reasonably protect others from being harmed.
I was eager to have the ruling corrected right away so I can continue with my discoveries. It turns out that there may be some advantages to this, if I decide to let the ruling stand and not oppose or appeal it. One of the biggest hurdles I had on this case was being able to raise the resources required to do a proper "discoveries" on a 126-year-old company with operations strewn across California. To prepare my case for trial, I will have to interview almost all of the management staff and employees to uncover every nuance of their corporate culture. If their corporate culture is permissive of tenant-rights violations, then, arguably, I bolster my case. In our society laws require that we, as members, reasonably protect others from being harmed.
After consulting with a friend who has experience in practicing law in Federal Courts, I found differences that play to my advantage. First, I can forgo the use of court reporters when I conduct my discoveries. I can actually use a video cam to record the deposition, saving considerable expenses – many thousands. But as I review my research and discovery materials, I am the more inclined to believe that the Federal Courts may be the best jurisdiction for my action.
A legal battle has an ebb and flow character to it. By the time this case is completely done, it will have gone through many more motions and oppositions. Even if I win, it will certainly be appealed and held in appellate court for any number of years. So I have got to find a potent enough reason to keep this fight going. This case has ramifications on the future of Landlord-Tenant relationships. It is my belief that the current laws are antiquated, particularly for cases involving a tenant who lives in a dwelling and also operates a business at home. Many studies that I have read show an increase in home-based businesses. That trend should continue into the unforeseeable future as more micro-businesses cut back on expenses and retreat to their homes to save money. I want to argue this cause and advocate for a new set of laws for home based businesses.
Let me leave you with this thought: Imagine, if you may, one afternoon coming home and discovering that you have lost both your home and your livelihood at the same time. How do you think you would feel? Well, for me I know exactly how that felt. When it happened to me, I didn’t even know that I had such deep feelings inside me. But that day, when I lost my home and my business at the same time, I cried like a baby – alone.
So, do you think I have a good enough reason to keep fighting?
