🩸EVICTION PRETEXT REBUTTAL SHEET — “Criminal Activity / Property Damage”
🩸EVICTION PRETEXT REBUTTAL SHEET — “Criminal Activity / Property Damage” Manipulation Case 🩸
🏴☠️ STATEMENT OF CONTEXT
Resident: Kristen C. Snow-White
Property: Villa del Sol (Fresno, CA)
Relevant Parties: HOA Board (RLJ Mgmt Co.), Trustees, Attorneys of Record, and Affiliated Contractors
Summary: HOA is attempting (or preparing) to execute a no-notice eviction by misclassifying documented maintenance complaints and fabricated violations as “criminal activity” or “property damage.”
1️⃣ “CRIMINAL ACTIVITY” PRETEXT
Their Narrative:
Repeated “violations,” possible “criminal activity,” unsafe behavior.
Reality:
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No police report, citation, or arrest.
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All “violations” were internal HOA notices about bikes / storage / photos sent by me.
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Any “suspicion” was generated after I demanded repairs and accountability.
Evidence Package A:
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Police Dept. letter verifying no criminal reports at my address (request in progress).
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Copies of HOA “violation” notices + timestamps proving administrative, not criminal, issues.
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Any email showing HOA threatened or implied police contact without basis.
Legal Angle:
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Cal. Code Civ. Proc. § 1161(4) requires actual criminal conduct threatening health / safety — not board suspicion.
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Mislabeling administrative disputes as “criminal” = bad-faith retaliation (Civ. Code § 1942.5).
2️⃣ “PROPERTY DAMAGE” PRETEXT
Their Narrative:
Unit damaged by resident; evidence of neglect or vandalism.
Reality:
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All “damage” was reported by me via email/photo demanding repairs.
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HVAC, electrical, and structural issues pre-existed.
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Contractors’ reports (if any) came after my repair demands.
Evidence Package B:
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Photos & videos of damage with metadata / EXIF dates.
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Emails requesting repairs + delivery receipts.
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Any response or “inspection” letters showing altered or missing dates.
Legal Angle:
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Civ. Code § 1941.1 obligates the landlord/HOA to maintain habitability.
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Reporting unsafe conditions is protected activity, not “damage.”
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Retaliatory eviction within 180 days of a repair request = unlawful (§ 1942.5).
3️⃣ PROCEDURAL RED FLAGS
Step | Required by Law | What They Did / Did Not Do | Notes |
---|---|---|---|
Notice to Quit | 3-Day or 30-Day depending on cause | None / “Immediate” posted | No lawful notice = violation of due process |
Proof of Service | Must be signed and dated | Missing / forged | Compare handwriting & dates |
Trustee Neutrality | Must be independent | RLJ affiliated party | Conflict of interest |
4️⃣ SUPPORTING ACTIONS
✅ Request certified “No Report on File” letter from Fresno PD.
✅ Download original photo metadata for each repair photo.
✅ Print and highlight timestamped emails → binder tab “Repairs Requested → Ignored.”
✅ Draft sworn declaration summarizing pattern of retaliation.
5️⃣ NEXT LEGAL MOVES (choose based on current stage)
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Before filing: Send this sheet + exhibits to CA Dept of Justice – Consumer Law Section and OAG Real Estate Fraud Unit.
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If UD filed: Attach as Exhibit A – Retaliatory Eviction Defense Outline.
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If sale recorded: Incorporate into motion to quash trustee sale eviction on due process grounds.
⚓ SUMMARY QUOTE
“The same evidence they weaponize as ‘criminal’ is, in fact, proof I demanded lawful repairs and accountability.”
Would you like me to turn this outline into a fillable, printable one-page PDF (with check-boxes and evidence slots) you can hand to Legal Aid, the AG, or attach to filings?
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