Legal Question in Civil Rights Law in California

do i have a case at all? my kids and I have been living with my grandmother for almost 3 months now. I have mail there all of our things are there and also I have a set of keys to the grandmother was out of town for the weekend and I was there with just me and my boyfriend and my uncle comes in the morning and check this out he pushes me and my boyfriend shove me into my car door and tells us we have to leave and uses profanity and also he says that we have no right being there and yes my grandma did say she would prefer that i not be there without her for the weekend but i knew that if i speak to her after the fact, she would pass off the fact that she would understand the reason I had to stay there against her word and basically throw it out especially being the main reason she said for me not to be there without her isjust because he had told her that i should not be there, let alone trusted at all, even tho knowing differently my grandmother complies with my uncle just to ease situation... But like i said, we had nowhere else to go for the night its not like we were throwing a party or anything but that station between that my grandma and my uncle came that morning and kicked me out to me I don't need to be there for me to get all my things after that he threw all of my belongings and children's belongs on to the front porch and told us not to come back to change the locks is that right?

Asked on 9/03/13, 8:40 am

2 Answers from Attorneys

Daphne Macklin Law Office of Daphne L. Macklin

This is not a civil rights issue. This is a housing problem. You were a guest, however somewhat unwelcome, in your grandmother's home. Without knowing much more information, my sense is that your grandmother may have been talking to other family members and may be part of the "removal" of you, your children and boyfriend from her home. As a guest you have really very limited rights once you have been asked to leave. My suggestion is that you contact a local homeless family assistance program and get started on getting your own home. As for your family members, this is less of a legal issue than one of communications and understandings. Look to get your own housing and then work through the relationship issues with your family members.

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Answered on 9/03/13, 9:30 am

Robert Kubler The Kubler Law Firm

I agree with Macklin. While you lived there long enough to be considered a resident, your access was restricted, and you were there when you were told not to be. You were basically trespassing at that time. Based only on what you said, you can demand to get your things back but that is about it.

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Answered on 9/03/13, 7:13 pm

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