Right after I was evicted in February, I found myself in Laguna Beach and stayed at the America’s Best Inn for about a month. At that point, most of my personal belongings where already in storage. I made the disclosure to the manager that I was effectively homeless which required that I pay the full amount in cash and in advance. The second month I was there, the manager and I made a deal that gave me 10 days to raise cash for a 30 day rental extendable from month to month. She was aware that I had to sell some of my personal property to be able to pay in cash. Most motels usually take payments at the end of the guest’s stay. But because of the special circumstances I was in – an indigent - a cash payment made her comfortable. Unfortunately, something went wrong and she was countermanded by the owner.
On the 9th day, and in complete violation of an agreement I personally made with the manager, the owner arranged for my early departure/eviction. In all, the lawsuit named three causes of action including Fraud, Negligence and Intentional Infliction of Emotional Harm and alleged violations of CA Civil Codes Section 1863 and 1865, which provides:
1863. POSTING OF STATUTE AND RATES
(a) Every keeper of a hotel, inn, boardinghouse or lodginghouse, shall post in a conspicuous place in the office or public room, and in every bedroom of said hotel, boardinghouse, inn, or lodging house, a printed copy of this section, and a statement of rate or range of rates by the day for lodging.
(b) No charge or sum shall be collected or received for any greater sum than is specified in subdivision (a). For any violation of this subdivision, the offender shall forfeit to the injured party one hundred dollars ($100) or three times the amount of the sum charged in excess of what he is entitled to, whichever is greater. There shall be no forfeiture under this subdivision unless notice be given of the overcharge to such keeper within 30 days after payment of such charges and such keeper shall fail or refuse to make proper adjustment of such overcharge.
1865. RIGHT TO EVICT GUEST
(c) In addition to, and not in derogation of, any other provision of law, every innkeeper shall have the right to evict a guest in the manner specified in this subdivision if the guest refuses or otherwise fails to fully depart the guest room at or before the innkeeper's posted checkout time on the date agreed to by the guest, but only if both of the following conditions are met:
(1) If the guest is provided written notice, at the time that he or she was received and provided accommodations by the innkeeper, that the innkeeper needs that guest's room to accommodate an arriving person with a contractual right thereto, and that if the guest fails to fully depart at the time agreed to the innkeeper may enter the guest's guest room, take possession of the guest's property, re-key the door to the guest room, and make the guest room available to a new guest. The written notice shall be signed by the guest.
This is an interesting case because of what this will allow me to do if I meet my goal. Around the first week of March, I witnessed an accident while on a bus. The victim was homeless and a handicap. I started doing preliminary research about what I witnessed and have found a compelling case. I can’t give out the specifics on this blog because it will tip the Defendant of my plans. But I did promise the homeless man – Carmichael – that I will take him off the streets and when I know that he is safe we will pursue his case. So, I hope that this motel tries to settle early because my analysis shows me that it makes economic sense to settle. If they do, I’ll ask that they provide a place for my homeless friend. Then, Carmichael and I will file suit to compel a very important public transportation agency to provide better services to handicapped individuals.
