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Calguns LEOs LEOs; chat, kibitz and relax. Non-LEOs; have a questions for a cop? Ask it here, in a CIVIL manner.

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  #1  
Old 04-02-2013, 4:32 AM
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Question can and should i file a report

Long story short, well as short as i can make it My father who was a vet died last month after fighting cancer for 3 years. in his last six months of treatment he moved to AZ from palmdale ca to seek better care. When he left his home in November he let a Family member stay in one room of the house, they said they would pay to rent that one room. Being the scum that they are he never saw one dime and after he left for AZ, they changed the locks on the doors, bolted the garage door shut, chained the lock for the side gate and took over the whole house. on the 1st of last month my mother gave them a 30 day notice to leave they said they would. (here is where the question comes in)

yesterday the 30 days expired, so me and my brother went by to make sure the home was vacant. We knocked on the door for a while and got no response, there was a car in the driveway but she didn't own a car. There was also no sound coming from inside. So we made entry through the sliding glass door at the back of the home. As soon as we made entry we announced who we were and called out to see if anyone was there. 5 seconds later the squatter came running down the stairs screaming like a cat with it's tail set on fire. Our first statement was we didn't know if anyone was still here and "when are you leaving"? she said never, get out of my house .

trying to keep it short but a lot happened in a few seconds.
18 year old son threatened me "i'll fing kick you ***"
I was told they are buying drugs in MY DAD'S DRIVEWAY! (drug delivery men)
They have no running water and there is a 4or5 year old little girl staying there
as we were leaving the scum bag pothead son slammed the door on my foot and it was sore for a while.

Should i call CPS
Can i file an assault charge and or a terrorist threat charge?
Would writing a letter to the homes around my fathers home letting them know what is going on get me in any trouble?
With my mother being in the process of trying to get them evicted play any role in filing a report?

Thanks guys.....
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  #2  
Old 04-02-2013, 5:07 AM
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Confirming this is happening in Palmdale and not AZ? You can get a second opinion from Palmdale Station (assuming they handle that neighborhood).

Right now, sounds all civil. Definitely expedite the eviction process. Hopefully get them caught in something arrestable/jailable. Might be worth calling DCFS but they may or may not have success actually contacting this family and checking the welfare of...

Probably can't file anything but you never know. Here's what they could claim - they were invited in by your father and were allowed to stay as long as they desired, your father said they could have the house after he passed, they thought you were burglars/home invaders so they didn't make themselves known, you broke into Their home, you threatened them first, you assaulted them first, they only reacted with the threat of violence to get you to leave their home, the door accidentally struck your foot on your way out, etc.

I see nothing wrong with asking your father's neighborhood friends to keep an eye on/report suspicious/criminal activity...
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  #3  
Old 04-02-2013, 5:14 AM
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Do they have a written agreement from your father? If so an eviction is your best bet. If not I would get a rental agreement from mother and start moving in. Have the sheriff there when you show up with the moving truck. Your contract would overrule their squatters rights.
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  #4  
Old 04-02-2013, 6:11 AM
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I find you coming into the LEO forum and asking for some help so ironic.
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  #5  
Old 04-02-2013, 6:24 AM
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  #6  
Old 04-02-2013, 6:33 AM
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Your best option is to seek legal advice from an attorney, particularly one who specializes in eviction.
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Old 04-02-2013, 6:33 AM
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They are house guests...

Not tenants or squatters.

That being said, following the formal eviction process may be your best bet. Have you posted a written notice?
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  #8  
Old 04-02-2013, 10:01 AM
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You should have called the cops the day you were at the house to stand by and keep the peace while you entered....If you go there again call and have the cops be a witness to the contact between you and the squatters.
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Old 04-02-2013, 10:13 AM
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Quote:
Originally Posted by SVT-40 View Post
You should have called the cops the day you were at the house to stand by and keep the peace while you entered....If you go there again call and have the cops be a witness to the contact between you and the squatters.
this ^^

would of been my first thought after they told me no leave my house I would of called and had them hauled off for trespassing
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Old 04-02-2013, 10:51 AM
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Quote:
Originally Posted by yzernie View Post
I find you coming into the LEO forum and asking for some help so ironic.
Happens to everyone eventually. The internet is just another avenue for someone to call for help.
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  #11  
Old 04-02-2013, 11:57 AM
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Quote:
Originally Posted by ptusa View Post
Have you posted a written notice?
On the 1st March

Quote:
Originally Posted by Samuelx View Post
Confirming this is happening in Palmdale and not AZ? You can get a second opinion from Palmdale Station (assuming they handle that neighborhood).

Right now, sounds all civil. Definitely expedite the eviction process. Hopefully get them caught in something arrestable/jailable. Might be worth calling DCFS but they may or may not have success actually contacting this family and checking the welfare of...

Probably can't file anything but you never know. Here's what they could claim - they were invited in by your father and were allowed to stay as long as they desired, your father said they could have the house after he passed, they thought you were burglars/home invaders so they didn't make themselves known, you broke into Their home, you threatened them first, you assaulted them first, they only reacted with the threat of violence to get you to leave their home, the door accidentally struck your foot on your way out, etc.

I see nothing wrong with asking your father's neighborhood friends to keep an eye on/report suspicious/criminal activity...
yes this did happen in CA and man that sucks

Quote:
Originally Posted by SVT-40 View Post
You should have called the cops the day you were at the house to stand by and keep the peace while you entered....If you go there again call and have the cops be a witness to the contact between you and the squatters.
I did call, they told me they will not get involved unless i have an order from the courts. But this was after i was outside my dads house..

Thanks for the info guys, just looks like we get to pay the mortage for these scum bags and pay for a lawyer while they get more crap for free.
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  #12  
Old 04-02-2013, 12:03 PM
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Sorry to hear about your dad, my thoughts are with you.

If it was me I would call and report them to EVERY agency that I could find. Best of luck brother.
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Old 04-02-2013, 4:01 PM
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Quote:
Originally Posted by yzernie View Post
I find you coming into the LEO forum and asking for some help so ironic.
Oooo! What thread do I need to look in to see what you're talking about?
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Old 04-02-2013, 4:14 PM
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Quote:
Originally Posted by Spyder View Post
Oooo! What thread do I need to look in to see what you're talking about?
+1

The phrase; Hate us until you need us,comes to mind


Back on topic, the question has been answered by a couple posters. If these people really wanted to, they could give you a run for your money and potentially stay in this house longer than needed. Your best bet is contact the governing agency (i.e. LASD), get their opinion of the matter and see if they can do a knock and talk with the tenants - at minimum just to keep the peace. If they refuse to leave then definitely start looking in to obtaining a lawyer....

Good luck.
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Old 04-02-2013, 4:25 PM
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Report them to CPS. They will show up with a militarized SWAT team and serve a no-knock warrant on the squatters.

Seriously, good luck getting them out, your going to need it.
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  #16  
Old 04-02-2013, 6:31 PM
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Mother and father seperated/divorced? Who is the legal owner of the house? Was there a will? Whose name are the utilities in? (Lights/Water/Gas).

Sorry for all the questions.

My condolences to your fathers passing.
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Old 04-08-2013, 11:08 PM
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Its your moms house correct, So these people are trespassing? Cant you have your mom call the cops and say there are people trespassing? Or wait for them to leave and re-occupy the house and if they try to break back in call cops on them for burglary. Sorry for this situation, it sounds terrible.
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Old 04-09-2013, 1:24 PM
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Quote:
Originally Posted by diverwcw View Post
Your best option is to seek legal advice from an attorney, particularly one who specializes in eviction.
^THIS

Usually patrol officers don't have very much involvement in civil issues. An officer can respond to "keep the peace" during your attempted contact with the people involved but they won't serve any court documents and they probably won't write you a report regarding what happened. You might be given an "incident number" which could only be a time/date and the type of call entered by the dispatcher. Every agency is different. Also, these types of calls are often very low priority so don't get discouraged if the officer takes some time to respond.
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Old 04-09-2013, 1:51 PM
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You will have to have the owner of the house evict them. Under the Arietta v. Mahon ruling they have tenant rights until the Court issues a writ of possession for the eviction of them.

Arietta ruling came out in the 80's and basically gives squatters/deadbeats the right to claim tenancy. If you had a writ of possession for a house and went there with the Sheriff to do the eviction. If someone is in the house and isn't named on the writ they can claim tenancy and it will stop the eviction process.

It sucks, but California is not a landlord friendly place.
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Old 04-09-2013, 2:01 PM
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Quote:
Originally Posted by gorn5150 View Post
You will have to have the owner of the house evict them. Under the Arietta v. Mahon ruling they have tenant rights until the Court issues a writ of possession for the eviction of them.

Arietta ruling came out in the 80's and basically gives squatters/deadbeats the right to claim tenancy. If you had a writ of possession for a house and went there with the Sheriff to do the eviction. If someone is in the house and isn't named on the writ they can claim tenancy and it will stop the eviction process.

It sucks, but California is not a landlord friendly place.
In this case the OP knows who is in the property and if he obtained a writ those individuals would be named.

So it does not really apply to the issue at hand.

If he is going to evict them he should just follow the proper steps in CA.
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Old 04-09-2013, 3:22 PM
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Old 04-09-2013, 6:48 PM
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Have the landlord post up a pot stating that termites were discovered and the house requires fumigation and they have to be out in 2 days. When they won't vacate call the cops then once they are out change the locks and if they break back in have them arrested
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Old 04-12-2013, 12:54 AM
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I'm not a lawyer, or a cop. But if it were me, I would just call the cops and say there are house guests overstaying their welcome in MY HOUSE, and have them escorted off the property while pressing charges for tresspassing.

Correct me if I'm wrong, but if they are not on a written lease, then they have no right to be there as the property was not abandoned at any point. I apologize if I am talking out of my ***, someone please correct me.
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Old 04-12-2013, 1:45 AM
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Play it safe and call the pro's
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Old 04-12-2013, 2:08 AM
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Call a lawyer that will do a free consultation for your case
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Old 04-12-2013, 7:03 AM
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You should call the city/county. Most (if not all) municipalities in CA have an ordinance on the books that states a house has to have running water to be occupied (there are exceptions for temporary shut offs and cabins/rural camping shelters etc). If you cant/dont want to contact an attorney then that would be your best best... The caveat though is that once the city/county gets involved if the people living in the house have done anything to screw up the plumbing and/or wiring the house could be yellow or red tagged......

****Note- I am not an attorney, but I am a Real Estate Broker, and I have dealt with this situation with squatters many times*****
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