San Francisco Injury Lawyer Blog

The Fake Eviction Notice Scam

May 31, 2017 | Gregory J. Brod

San Francisco tenants have a lot to worry about. Finding an apartment takes weeks, sometimes months, of searching. Rents have skyrocketed in recent years, and many landlords are using dubious methods to force long-time renters out of their homes in order to raise the rent even more. While some landlords try to take advantage of lawful evictions whenever possible, others utilize illegal means, such as harassment, fraudulent landlord or relative move-ins, and fake eviction notices.

Fake Eviction Notices

In competitive real estate and rental markets like San Francisco, it should come as no surprise that some landlords will try and get tenants to move out of their units without going through a proper and formal eviction process. Landlords often use harassment, making a tenant’s life and home so uncomfortable, it feels best to leave. Other landlords use neglect. They ignore repair requests and let the building or specific unit become less and less habitable until a tenant moves out.

Child Injured at Bay Area Water Park

May 29, 2017 | Gregory J. Brod

The opening of the Wave at Emerald Glen Park in Dublin, California, has been awaited for quite some time. It is a multi-million dollar complex in the San Francisco suburb. However, on May 27, opening day, a 10-year-old boy was injured when he was thrown from a large water slide and fell onto concrete below. The child was treated at the hospital for scrapes and then released.

The Emerald Plunge slide, from which the boy was thrown, and the Dublin Screamer chute next to it were both closed after being open for only about 90 minutes that Saturday. The California Division of Occupational Safety and Health are investigating what went wrong and why a rider would be ejected from the slide when it was being used properly. Along with authorities, the city is determining what improvements should be made to ensure rider’s safety and prevent future accidents.

A Water Park’s Liability

Is My California Apartment Rent Controlled?

May 26, 2017 | Gregory J. Brod

Despite what you might have heard, California does not have a statewide rent control provision. This leaves rent control up to cities or counties. If you live in a unit that is applicable to your local rent control ordinance, then you have a number of additional rights as a tenant compared to another renter in a non-rent controlled unit. Your landlord can only raise your rent a certain amount at a certain interval, and must give you a specific amount of notice regarding the increase. Each of these elements, including how much, will be dictated by your local law. If you believe your unit is rent controlled and your landlord is violating the ordinance, contact a local tenants rights attorney to find out how to protect your rights.

Look up Your Local Law

When you are wondering if your unit is rent controlled, the first question you should ask is whether your city has a rent control ordinance. Some cities do, and some do not. The following cities have some type of rent control ordinance in California:

What Should I do if I Believe My Elderly Parent is Being Abused?

May 24, 2017 | Gregory J. Brod

When you have elderly parents in nursing homes, it can be difficult to monitor their health and safety. You are not around every day to ensure that they get enough food and water, are properly bathed, receive their medications, and are not neglected or abused. You may not even be able to see your loved ones each week if you live far away. This can enable nursing home staff and others to take advantage of your parent’s situation, either neglecting to give them the care they need or emotionally, physically, or sexually abusing them. If you have begun to notice signs of abuse when you visit, you are probably wondering what you should do. Where do you turn when the people who are supposed to care for your loved ones are harming them?

If you suspect your elderly mother or father is being abused at their care facility, take the following steps:

Speak with a facility administrator: If you believe something is wrong, you need to speak with the management of the facility as soon as possible. This is the best time to gauge their reaction and take careful note of how they try to rectify – or explain away – the situation. If you see no changes in the following days or weeks, move head through more formal channels.

Construction Site Catches Fire a Second Time

May 22, 2017 | Gregory J. Brod

A construction site on San Pablo Avenue between Oakland and Emeryville caught fire on Saturday, May 13. The fire broke out in the mixed-use apartment complex around 5 a.m. and took about 100 hours to control. Both the Oakland Fire Department and the Alameda County Fire Department sent engines and firefighters. The debris was still smoldering and firefighters remained on site through Sunday. The fire led to the evacuation of at least 35 residents from 15 neighboring units as officials were worried the partially burned crane might collapse. Some nearby homes were severely damaged.

This is the second time the construction site has gone up in flames. It caught fire last July, and neighbors and the building developers suspect arson. The previous fire started at around 2:45 a.m. and also spread to nearby homes and businesses.

The development was intended to be 105 one- to four-bedroom units and 21,000 square feet of retail space known as the Intersection. However, it remains to be seen when the Intersection will come to fruition. The building was supposed to be finished this October. However, this has set it back at least nine months.

Street Racing Causes Accident in California

May 19, 2017 | Gregory J. Brod

In mid-May, a pair of Mustangs raced down 25th Street in Palmdale, California, when they encountered an intersection. Because the vehicles were moving so fast, they were unable to stop. One mustang lost control after the driver slammed on the brakes. It crashed on the side of the road after it crossed through the intersection. The other Mustang was hit by a Mercedes-Benz, which was crossing the intersection. The collision pushed the Mustang into a pole that split it in two. The driver was taken to the hospital in critical condition, but is expected to recover.

Individuals who are hurt in accidents caused by other people street racing have a strong case for negligence. Drivers have a duty to drive safely, obey traffic laws, and not put other motorists and pedestrians in danger. Drag racing not only breaks California law, but it clearly puts others at risk. When a street racer caused the crash that resulted in your injuries, you may have a great deal of evidence to support receiving compensation. For more information, contact a San Francisco personal injury lawyer from the Brod Law Firm.

Drag Racing in California

UTIs a Sign of Elder Neglect and Abuse

May 17, 2017 | Gregory J. Brod

Urinary tract infections can pose a serious threat to the health of an elderly individual. While both men and women may get a UTI once or a few times throughout their lives, this infection should be caught as early as possible and treated right away. Without prompt and appropriate care, individuals suffering from UTIs can go on to have more complex and harmful complications, such as acute or chronic kidney infection, permanent kidney damage, urethral narrowing, and sepsis, according to Mayo Clinic. In elderly individuals, these complications are not only painful, they can result in early death.

The Elderly are at Risk for UTIs

Unfortunately, many elderly individuals are at a high risk of UTIs because of negligent care and abuse at nursing homes. UTIs are caused by bacteria entering the urinary tract and bladder through the urethra. While our bodies are meant to be able to combat dangerous bacteria, sometimes this is not possible due to medical conditions, prescription drugs, and other factors.

Berkeley Rent Stabilization Board Welcomes Marìa Poblet

May 15, 2017 | Gregory J. Brod

On May 15, the Berkeley Rent Stabilization Board appointed Marìa Poblet as the replacement commissioner for Katherine Harr, who had to step down. Poblet is a well-known tenants’ rights advocate and recently served as the executive director of Causa Justa: Justice Cause, a housing and immigrant rights organization for the area. Poblet will serve as commissioner until Nov. 20, 2018 and then must run for her seat if she wishes to continue on.

Poblet Brings Additional Tenant Advocacy to Berkeley Board

Poblet spent a significant part of her youth in Los Angeles, graduated from UC Berkeley, and has been a community organizer and human rights leader in the Bay Area for more than a decade. She is a fierce advocate of housing as a human right and through Causa Justa, focuses on helping the black and Latino communities find and retain affordable and safe housing. Prior to helping create Causa Justa in 2010, she was the executive director at St. Peter’s Housing Committee in San Francisco. Additionally, Poblet is known for her stance that technology companies that move into the area and perpetuate rising rents and tenant displacement should work to mitigate these issues. In 2016, she pushed for a San Francisco initiative that would tax tech companies to help pay for affordable housing in the area. She was also awarded the 2016 Levi Strauss Pioneer Award for the work she has done in preventing evictions.

Accident on Highway 168 Leads to Two Fatalities and Additional Investigation

May 12, 2017 | Gregory J. Brod

In early May, three men were involved in a deadly accident on Highway 168 between Auberry and Shaver Lake. The men were in a Chevrolet Avalanche truck, which rolled 200 to 300 feet down an embankment on the side of the highway. Two men from Clovis, aged 19 and 20, were ejected from the vehicle and pronounced dead at the scene. A third man, 24, was still within the vehicle, possibly up to 12 hours after the crash. Once he was extricated, he was airlifted to a Fresno-area hospital.

The tragic accident is also under investigation as a possible intentional act, according to the Fresno County Sheriff’s Office. The investigation’s direction was guided after statements made by the survivor of the accident rose some red flags for law enforcement officers.

A Wrongful Death Claim Following a Crash

San Francisco Judge Cracks Down on Landlord with $2.4 Million Fine

May 10, 2017 | Gregory J. Brod

San Francisco rental and housing costs have skyrocketed in recent years. The amount a landlord can get for a small unit has doubled or tripled compared to potential rent prices just a few years ago. This potential financial gain means it is often in the landlord’s best interests to have a long-term tenant move out so that the new rent can be increased a significant percentage – a move that may not be possible with current tenants under rent control laws. This motivation has led landlords across the area to illegally evict tenants. However, lawmakers and prosecutors are cracking down on this type of behavior and at least one notorious landlord has been fined millions of dollars for deceptive and bad faith practices.

San Francisco Landlord Heavily Fined

In a ruling against local landlord Anne Kihagi, Judge Angela Bradstreet stated there was a pattern of bad-faith harassment, retaliation, and fraud against Kihagi’s tenants, San Francisco Gate reported. Kihagi was found to have intentionally ruined her tenant’s ability to quietly enjoy their rental property due a campaign of continual harassment, a reduction in services, and unlawful evictions. She was fined close to $2.4 million for violations of California housing law and ordered to pay all of the city’s court and investigative fees, which are expected to be a couple million dollars.