Five Years Without A Home


Tiny - Posted on 30 November 2017

Author: 
Kathy Galves and Bruce Allison

On September 29, 2017 the Appellant Division of San Francisco Superior Court heard the housing case filed by Appellant Gavin against Parkmerced Investors Properties, LLC.

Appellant Gavin alleged in Appellant's brief that Judge Donald Sullivan did not have jurisdiction of the subject matter to hear her case and his decision is void under the law.

Appellant Gavin discovered in the copy of the court's record that Appellant Gavin received for preparation of  the appeal there were very important items missing such as: the original contract for Appellant Gavin's apartment, the Housing Assistance Payment contract required for subsidized housing signed by landlord  Parkmerced and San Francisco Housing Authority and there was no disclosure that Appellant Gavin was a recipient of subsidized housing from the U.S. Dept. of Housing & Urban Development.  In other words fraud was perpetrated upon the court.

Parkmerced's attorney David Wasserman states that he followed the state law for evictions in the pleadings.  Attorney Wasserman also signed an declaration stating that Parkmerced looked really hard but could not find the original contract for Appellant Gavin's apartment.  This is also a breach of Appellant Gavin's substantive procedural due process rights enumerated in the U.S. Constitution.  Parkmerced did not follow HUD's termination requirements that mandatory in their pleadings.

Appellant Gavin alleged several breaches by Parkmerced in the court documents and eviction.  Appellant Gavin stated that under California law for delayed discovery there is no statute of limitation of an err made by a judge that can be proven to be void.  Due to further pending litigation in the case,  Appellant Gavin will not discuss other reasons stated at the hearing.

Appellant Gavin also stated that the actions of Judge Ronald Quidachay were unprofessional and violates Appellant Gavin's family civil rights enumerated in the U.S. Constitution.

On October 24, 2016 according to Appellant Gavin Judge Ronald Quidachay who is the head of the Housing Court in Dept. 501 at San Francisco Superior Court (SFSC) said to Appellant Gavin, "shut up!" "Get out of his courtroom and take the matter to federal court!"  "He has heard an appeal on this case once before and no matter what new evidence Appellant Gavin had he did not care and will not hear anything about this case again."

Appellant Gavin found these statements to be so egregious and shocking that Appellant Gavin had nightmares about being denied access to the courtroom which is a constitutional right. 

Appellant Gavin was so distraught by Judge Quidachay's appalling behavior that Appellant Gavin filed an appeal on the last day to hear this new evidence.

Appellant Gavin alleges the judicial system has an innate bias against low-income people whom they consider poor litigants.  Low-income litigants are treated with disdain, judged on how they look, the clothes they wear and their language skills.  The SFSC  also dismisses the courtroom reporter and there are unprofessional comments made to these litigants.

The courtroom clerk does not type the unprofessional remarks made by judges because they are suppose to be made off record.  Low-income people should always have at least five people in the courtroom with them or a courtroom reporter if they can afford it.

On July 02, 2012 the day of the court hearing from Appellant Gavin's wrongful eviction case, Appellant Gavin was at SFSC for two hours in arbitration.  In a conflict of interest Appellant Gavin fired her attorney who was insufficient.  Due to heart palpitations Appellant Gavin left the court.  Judge Katherine Feinstein sent the case to be heard by Judge Donald Sullivan.

Judge Donald Sullivan dismissed the jury trial aspect of the case that Appellant Gavin had filed and proceeded with a bench hearing.   Despite not having authenticated evidence, a competent witness, a signature of Appellant Gavin on any document and no jurisdiction over the subject matter, Judge Donald Sullivan ruled in Parkmerced's favor, granting an eviction and issued a writ of possession for the apartment.  All of these actions committed by the judge are a deprivation of Appellant Gavin Family's civil rights enumerated in the U.S. Constitution. 

Parkmerced discarded Appellant Gavin's Family property without notice in violation of Appellant Gavin's Family substantive procedural due process. This action is also a violation of Appellant Gavin's Family civil rights enumerated in the U.S. Constitution under the Fourth, Eighth, and Fourteenth Amendments.

The appellant division of San Francisco Superior Court has 90 days to make a decision in Appellant Gavin's case.

Justice Delayed is Justice Denied.

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