I Was Strangled and Beaten by a Stranger. I'm Injured. I'm Angry.
- Thread starter Bears Discover Fire
- Start date
I would have never started this thread had I expected anything less from this board. I've been an active member for almost 8 years, so many times I've seen this place pull itself together and help a member in crisis.
There really is no other place quite like this. There are some truly amazing people here.
Send it Registered Mail!!! If you've already sent it regular mail, SEND IT AGAIN.
In cases of disputed rent or the contention of unsafe environment in Maryland, we have the option of paying our rent into escrow until the dispute is resolved. That generally results in official mediation of the dispute. Does California not have a similar option?
Try looking here: http://www.dca.ca.gov/publications/landlordbook/resolve-problems.shtml. Anyway, it's clear you need to consult a lawyer. If the legal aid society doesn't get back to you very soon, you may want to contact the local bar association.
I was intending to give it to them in person when I turn in my rent, with witnesses.
Some one has sent me the verbatim rental code on relocating after a domestic violence incident. There is no escrow provision.
I have to pay. However, they have to let me out of my lease. They cannot hold me responsible for the 8 remaining months. Also, unlike other types of moving situations, in a domestic violence situation they have to refund me my prorated 30 days of rent if I move out early and they rent the apartment to someone else during those 30 days I'm paying. It's ridiculous otherwise, under all other circumstances they can keep that money and rake in double rent when they get a new tenant.I contacted the LA County Bar Association Lawyer Referral and Information line. I spoke with a woman who is referring my case to lawyers in downtown. I should expect a call back either tonight or tomorrow.
^Good to hear you're making some progress on the lawyer front.
On the tennancy law question, this may not fall under domestic violence, but under a "Quiet Enjoyment and Constructive Eviction" clause in the law. It's pretty common, from what I can see. From the MD state law:
eta: Here's an article that provides more information:
On the tennancy law question, this may not fall under domestic violence, but under a "Quiet Enjoyment and Constructive Eviction" clause in the law. It's pretty common, from what I can see. From the MD state law:
This case in CA was in reference to a mobile home park, but it may be useful. Just some possible ammunition to take to your lawyer consult.
eta: Here's an article that provides more information:
Bear, glad to hear all the good news, slow though it is.
The true but unsettling facts of life are...something that takes moments to mess someone up takes forever to get resolved.
We are hear for you. Hang tough, you are a hero in my book, and I work next to a Carnegie Medal winner so i gots me some creed when I say that.
The true but unsettling facts of life are...something that takes moments to mess someone up takes forever to get resolved.
We are hear for you. Hang tough, you are a hero in my book, and I work next to a Carnegie Medal winner so i gots me some creed when I say that.
Thank you for these links. It sounds like Maryland treats its tenants way better than California. Renters are second class citizens here, seriously.
I will be archiving this thread so I have all these links at my disposal when it comes time to sit down with my lawyer(s).
I will be archiving this thread so I have all these links at my disposal when it comes time to sit down with my lawyer(s).
^Good to hear you're making some progress on the lawyer front.
On the tennancy law question, this may not fall under domestic violence, but under a "Quiet Enjoyment and Constructive Eviction" clause in the law. It's pretty common, from what I can see. From the MD state law:
This case in CA was in reference to a mobile home park, but it may be useful. Just some possible ammunition to take to your lawyer consult.
eta: Here's an article that provides more information:
And you're assuming doing yourself a favor and just saving possibly your life, even once, is a bad thing.
False, read it. Dont' agree with me, then don't start your TNZ-style tirade about not reading.
She's thinking after the fact. And, as she said, the attack happend in 90 seconds, after being woken up abroptly. She didn't have tiem to process the danger of the situation of fully understand what could happen until it was too late. It's not necessarily heroic, but rather a kneee jerk reaction to try to protect somebody, but for all she could have known, the person being attacked my have been the attacker, getting his payment for the attack, but again -- she didn't have the time.
You want to talk about not debating someone who doesn't udnerstand, then besure your not on that end yourself. And I already offered my support.
I'd still send it registered with a return receipt (or at least Delivery Confirmation). That way they can't bullshit you about never getting it, forcing you to deal with the word of witnesses.
Firstly..By all means pursue legal means..might I suggest the following law firm..
(I do hope you get a chuckle from the above..) if relocating is your probable goal..you can try the Sacramento Area..it's damp right now..but our summers are hot and dry and there's always Lake Tahoe nearby..or Santa Cruz (about 2 hrs away) for beach scene.. and despite everything you may have heard..Sacramento's job situtation is improving..slowly but it is improving..but the decision is yours...do what's right for you..
and keep the legal guns shooting..
(I do hope you get a chuckle from the above..) if relocating is your probable goal..you can try the Sacramento Area..it's damp right now..but our summers are hot and dry and there's always Lake Tahoe nearby..or Santa Cruz (about 2 hrs away) for beach scene.. and despite everything you may have heard..Sacramento's job situtation is improving..slowly but it is improving..but the decision is yours...do what's right for you..
and keep the legal guns shooting..
It really sounds like it's time to get the hell out of L.A. You may be better off going to your sister. Find a new job there if you can, start over. It's not like you like your job there anyhow.
Best of luck. I hope that with a good lawyer, you obtain justice.
Best of luck. I hope that with a good lawyer, you obtain justice.
Captain X
Rear Admiral
You could always move to North Dakota, as it's fairly cheap to live here. Of course it's fucking cold here a good 4-5 months out of the year.
I missed this. Do not give it to them in person. Always send official or correspondence or documents registered mail with a return receipt, so that you have a paper trail.
...and I'm JuanBolio.
This thread is proof that you don't want to piss of trekkies. We'll sick JuanBolio on ya!
Bears, I'm really sorry to hear about all this. You certainly didn't deserve it and the world would be a far better place if more people stepped up and tried to help others, as you did.
A couple of points on this. I think Flamingliberal is right on the domestic violence part of this. I am certainly no expert on California law, but I think that you were not involved in a domestic violence situation. The other two were, but you were the victim of a independent battery. I do hope she is right about there being another way out of the lease, though.
Similarly, there is no sexual battery that occurred here because the state has to prove that the suspect's intent was lascivious (i.e. there was some sexual gratification from it). That's not the case here. It is a battery, though, and generally they carry the same punishment anyway.
Before I say this next part, I want to say that I am no defender of the LAPD. They are an embarrassment to modern American law enforcement. This is made worse by the fact that most of our television and movie productions make them out to be the best cops in the US. They aren't and, in fact, their culture is probably the least helpful and service oriented of the major police agencies. There are, of course, exceptions and what kind of service you get from an officer is entirely dependent on which particular officer happens to show up. I'm sure that LA has some very good cops. The culture of the LAPD lowers your actual statistical chances of finding one unfortunately. Whatever your or my view of them is, however, they are the police agency that you have to deal withy on this.
Certainly, you can contact the DA, but I think the more productive step at this point would be to contact a police supervisor. I know several people recommended filing a formal complaint against the officers involved, but I'd hold off on that for now. That's because internal affairs complaints tend to slow down the entire legal process and set everyone in their current positions because they now have to defend their actions from an outside entity.
Better that you work within the supervisory system to explain your concerns that the officers didn't place the appropriate charges and didn't fully document the incident. I picked those words on purpose. Stay calm and speak politely. Not because something's wrong with you, but because the supervisor is far more likely to listen to you and do something about the situation if they perceive you as a decent person who has been wronged instead of an irate person who may have been a contributor to the fight. However angry that last sentence may make you, remember that these people have never met you before and are forming their opinion of you when you speak with them. Ask the supervisor how you can have the suspect arrested or charged. Don't tell him/her that they have to charge the suspect. It's important that your conversation not be confrontational. Not because the police officers handled the situation well (they didn't), but because you have to resolve the situation as it already stands.
Start with a sergeant and give him a little time to actually resolve the matter before going further. He/she isn't going to just say you're right when you speak to him the first time, they will speak to the officers involved first. You and me and everybody else would want our supervisor to do this someone complained about something we did, too.
If you're not satisfied, ask for the name of the lieutenant who supervises them. repeat and remember that a captain ultimately supervises all of them. If you get no satsifaction through the captains rank, then just file a complaint and know that the LAPD is even more hopeless than I already think it is.
Again, I'm very sorry you've had to go through this. I'm proud of you, though, for staying true to your principles and trying to make a better world by helping others. I wish you the very best in recovering and dealing with the justice system.
A couple of points on this. I think Flamingliberal is right on the domestic violence part of this. I am certainly no expert on California law, but I think that you were not involved in a domestic violence situation. The other two were, but you were the victim of a independent battery. I do hope she is right about there being another way out of the lease, though.
Similarly, there is no sexual battery that occurred here because the state has to prove that the suspect's intent was lascivious (i.e. there was some sexual gratification from it). That's not the case here. It is a battery, though, and generally they carry the same punishment anyway.
Before I say this next part, I want to say that I am no defender of the LAPD. They are an embarrassment to modern American law enforcement. This is made worse by the fact that most of our television and movie productions make them out to be the best cops in the US. They aren't and, in fact, their culture is probably the least helpful and service oriented of the major police agencies. There are, of course, exceptions and what kind of service you get from an officer is entirely dependent on which particular officer happens to show up. I'm sure that LA has some very good cops. The culture of the LAPD lowers your actual statistical chances of finding one unfortunately. Whatever your or my view of them is, however, they are the police agency that you have to deal withy on this.
Certainly, you can contact the DA, but I think the more productive step at this point would be to contact a police supervisor. I know several people recommended filing a formal complaint against the officers involved, but I'd hold off on that for now. That's because internal affairs complaints tend to slow down the entire legal process and set everyone in their current positions because they now have to defend their actions from an outside entity.
Better that you work within the supervisory system to explain your concerns that the officers didn't place the appropriate charges and didn't fully document the incident. I picked those words on purpose. Stay calm and speak politely. Not because something's wrong with you, but because the supervisor is far more likely to listen to you and do something about the situation if they perceive you as a decent person who has been wronged instead of an irate person who may have been a contributor to the fight. However angry that last sentence may make you, remember that these people have never met you before and are forming their opinion of you when you speak with them. Ask the supervisor how you can have the suspect arrested or charged. Don't tell him/her that they have to charge the suspect. It's important that your conversation not be confrontational. Not because the police officers handled the situation well (they didn't), but because you have to resolve the situation as it already stands.
Start with a sergeant and give him a little time to actually resolve the matter before going further. He/she isn't going to just say you're right when you speak to him the first time, they will speak to the officers involved first. You and me and everybody else would want our supervisor to do this someone complained about something we did, too.
If you're not satisfied, ask for the name of the lieutenant who supervises them. repeat and remember that a captain ultimately supervises all of them. If you get no satsifaction through the captains rank, then just file a complaint and know that the LAPD is even more hopeless than I already think it is.
Again, I'm very sorry you've had to go through this. I'm proud of you, though, for staying true to your principles and trying to make a better world by helping others. I wish you the very best in recovering and dealing with the justice system.
The guy ripped her shirt off. What other intent could he possibly have HAD?Lots of guys ripped Captain Kirk's shirt off. What other intent could they have possibly had?
If I were a juror, I'd have a tendency to think that it happened just as part of the struggle, and I think it would be impossible to prove beyond reasonable doubt that it was lascivious without some tangible evidence suggesting there was a sexual motive. It's really word against word, since only Bears and her attacker were witness.
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