Updated: May 13
Recently in the last week or two, Alameda County's limited case classification unlawful detainer courts took a turn that appears contrary to local law enacted by county lawmakers, and started to rule that "homeowners" are no longer "covered residents" under a temporary eviction moratorium. With no amendment or alteration or statement from our local
lawmakers to indicate such a change, nor
any change in status of the homeowner or her home.
Transcript of hearing August 25, 2021: NOTE: My phone line was abruptly cut-off before I could rebut the final segment; but plaintiff's attorney was allowed to continue to speak absent my ability to defend. Nevertheless, this is telling we believe: <HERE>
See https://www.acgov.org/clerk/admincode.htm [General Ordinance and search for 6.120].
But in my Berkeley neighbor's case, our county unlawful detainer court issued this opinion and argument why homeowners were somehow never intended for coverage protection by our local legislators. HERE>
Many of us homeowners then, saving up for attorney fees or using the time to explore a reasonable alternative to keep our homes are suddenly and swiftly faced with our good county sheriff's department also somewhat blindsided with writs of evictions arriving on their desks: We've had a health-emergency-driven eviction moratorium county-wide for ALL residents for a whole year ... so now what is proper?
"Sometimes it is our sacred duty to ask for help, and receive it."
Legal Definition of Action in Rem: "When there is a dispute related to a property title and the rights related to the title, the court will use action in rem to resolve the dispute..."
Nemo dat quod non habet, literally meaning "no one gives what they do not have", is a legal rule, sometimes called the nemo dat rule, that states that the purchase of a possession from someone who has no ownership right to it also denies the purchaser any ownership title. (more)
Next steps are guided by the One whose purpose I completely trust -- praying for guidance and discernment.
The task before me continues: to do a good job with Jesus' house and HIS legal case, and everything connected with it, for His purposes. So I remain in gratitude and peace.
What freedom to know Him!