My question involves landlord-tenant law in the State of: California.
I was forced into foreclosure by the illegal conduct of my utility company but this is another matter The property consisted of two single family detached homes on the same parcel but with different addresses. Typically there would be tenants living in the front house, and I lived in the studio behind. The front was currently empty. The property was purchased at trustee sale by a corporation I received a 3 day notice to quit only referencing the one address that was empty, not the unit I actually lived in.
I tried to contact the new owners to work out a rental agreement because I planned to take the utility company to court for my losses resulting in their conduct that violates the laws set forth in the public utility code, Ca water Code, the fact that they completely ignored my requests for a reasonable payment plan aka reasonable accommodation to my broken spine of which I had been diagnosed with prior to and they wouldn't even stop the nonsense to let me breathe when I filed a chapter 13 BK or even after I reported a major wiring issue between my house and my neighbors house....
I hoped to remain in possession, pay rent, prove my damages in court and pay the new owner off. Regardless, they never even entertained this proposal with a response. The property soon after was red tagged by code enforcement for having no power or water due to payment and billing issues I do not agree with I was told that I would be arrested for trespassing if caught on site by code enforcement. Once the power and water was back on I would regain possession but I could not afford the huge bill at this time. I was given only a few hours that same day to vacate and it was posted not to enter on each house I never received an unlawful detainer
My house was broken into 3 days after being forced to vacate by code enforcement Locks changed and my belongings removed within a matter of days and during the time the red tag was still posted. In less than a month the new owners had remodeled the kitchen and bath and once they were complete had the red tag removed by establishing a new utility account and service. (Which was something the utility company refused to provide for my tenants or myself without paying off the current balance) Needless to say, the new owners did not pay my outstanding bill I made multiple attempts to contact the new owners through their attorney but eventually gave up when the attorney stated they were not returning any of their calls.
I was able to locate the owner when she showed up as the listing agent of the property but she is DENYING that she is the owner regardless of the fact that she is listed as both the secretary and Chief Financial Officer of the corporation that owns the property. Says she has no idea why her name is listed on everything . ( !!!) I later found that there is a default judgment against me in an unlawful detainer lawsuit, regardless of the fact that I never received any notice, or that the 3 day notice did not include the address I actually resided in. My questions: 1)Was this eviction legal even though they did not state both addresses on the 3 day notice and aside from the fact that I was not ever served with an Unlawful Detainer (I do not know the property description on the UD) 2)
Will the sheriff perform a lockout when the property is posted with a red tag? (They said they have no record but I couldn't find the record in court initially either so Im just curious how this is supposed to be handled by law enforcement in this type of situation.) 3) Can I get the default judgment removed from my record and is this necessary to prove I was illegally evicted ? I know I desperately need a lawyer, Im literally struggling everyday to get back on my feet after all of this, Im still not there by any means.....