[Brindlekin Tales – Book 7: Chapter 19]
Subject: Seeking your feedback…
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 8, 2023 at 10:30 AM
…regarding this letter I’ve prepared to send to my eviction attorney Monday morning:
Dear Ms. Elvensborn,
SF Bar set me up with an attorney whose fees range into the thousands…even though in the online application SF Bar asked what my income is. Presumably because, based on the low amount, they’d waive all fees or charge me on a sliding scale. There was a $35 fee for a half hour initial consultation over the phone, during which time the attorney (Michael) brought up fees. When he learned I’m on Social Security and no other income he was surprised that SF Bar referred me to him. “They gave me very little information about you,” he said. “They asked me very few questions,” I replied.
He was very personable and took the time to give me some advice anyway, after reading the summons (via Google Drive) and hearing my side of the story. He said he looked up the plaintiff’s lawyer (Charles), said Charles has only had a license since 2021, graduated from a dubious law school, and the way he wrote down the allegations was poorly executed. That I cannot be sued because my only income is Social Security, and I have no assets.
He suggested I get in touch with “Legal Assistance for the Elderly” Monday morning, where they might take my case pro bono. And if that doesn’t work out, I should give him a call or email, and he will try to find me the right legal counsel.
He also said I should NOT sign and send back the Acknowlegment of Receipt or worry about the enclosed summons, because it was sent in the mail. That it should be hand-delivered by a process server to be legit. So I should wait until that happens before taking any action. In addition, he suggested I reply to the summons myself (once hand delivered), but I said I’d feel very uncomfortable without an attorney’s guidance. He emphasized my main concern, which is the landlord will likely use this civil suit to try to evict me.
After I got off the phone with him I did some research to discover that, according to the website, “Undisputed Legal Inc.,” delivery of summons by mail, when it includes Acknowlegment of Receipt, is perfectly legal. So I guess he was wrong about that.
–quote:
HOW TO SERVE LEGAL PAPERS BY NOTICE AND ACKNOWLEDGEMENT OF RECEIPT IN CALIFORNIA
The acknowledgment of service by mail by the signature of the receipt allows for this method. The server is responsible for mailing the summons and complaint to the defendant with twin copies of the notice and acknowledgment receipt. The purpose of one copy is to be signed by the defendant as proof of receipt in the mail and returned to the server so that they can fill out a proof of service with the details. However, it is necessary to attach the returned Notice and Acknowledgement of Receipt since the service by Notice and Acknowledgment of Receipt is complete on the date the other side signs the Acknowledgment of Receipt portion of the form.
–end
So I now have these three questions for you:
1) Should I contact the SF Bar again, that I think they made a mistake by referring me to an attorney who does not handle low income defendants? And ask them to credit me for the $35 to put me in contact with one who does?
2) Should I sign and send Acknowlegment of Receipt to the plaintiff’s attorney before the deadline which is April 15th (based on the 20 day window to return it signed, including weekends in the count)? I’m guessing you’ll say yes. In which case would you recommend I send it certified, or will dropping it off at the post office suffice?
3) Assuming neither the SF Bar nor Legal Assistance for the Elderly works out for me, can you recommend any other organization to contact?
Though I am immune to being sued, I intend to challenge every one of the plaintiff’s allegations because outright false. Also, if I DON’T do that, the property owner may have a stronger case to evict me. My other concern is that without a denial of the accusations these lovely dogs may be put down. Which would be an utter tragedy for my homeless friend who is their guardian, and is making great progress these days, including now being sheltered in a tiny cabin. It would shatter his world, and mine, by association.
I am presently out on a limb due to lack of legal counsel, thus preparing to answer the summons myself (if it comes to that), after first researching how best to do it, such as the instructions provided on the following Leagle Beagle web page.
I do not know at the moment, how to answer a summons regarding what form to use, and if it’s okay to print out my reply and attach it to the form, with “see attachment” written in all the right boxes. But I can research that on my own, which I will do over the next few days.
I realize that you may prefer not to comment on some of the issues brought up herein, because it’s a civil matter, which is not your focus. However, I think it’s important for you to know that SF Bar was NO help at this point. You should also know I am neither angry nor upset over this onerous situation. Because I take the Buddhist approach that says we have no enemies, only teachers…and that anger or any other negative emotion is NEVER the way to go. Good advice no matter what you believe in (or not). I am simply concerned and flustered.
Thank you for your kind attention, Magdalena. And my apologies for such a long email.
– Ezekiel Krahlin
Subject: I woke up in the middle of the night, around 3 AM…
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 8, 2023 at 10:30 AM
…with an incredible feeling of peace and joy washing over me. IT FELT GREAT! So I stretched, yawned and rolled over, basking in the radiance as I drifted back to Slumberville. I couldn’t BELIEVE how good I felt! My alter ego Pterry Pterodactyl must’ve flown through the open window, perched beside me and whispered in my ear:
“You got this, Zeke. All will be fine including Your Beloved Brindlekin. In fact EVERYTHING will turn out so much better than you can imagine, in a short time from now! Rest well, my featherless brother.”
And then launched himself off my cot to vanish once more into the dark night skies beyond, before I opened my eyes. But just a little while ago I wondered: did pterodactyls actually HAVE any feathers, or is Pterry just pulling my wing? So I duckduckgo’d my question to discover that, yes indeed, they did.
The feathers were tiny and scant, but sure enough, they were there…and colorful to boot! Come to think of it: it would be FUN to see them in colorful boots. Craiyon AI image generator agrees, like so (three examples out of the many times I generated various “feathered pterodactyls in colorful boots” images; I just can’t stop clicking!):
This one’s great, too, but not a result you’d expect:
I had no idea ChatGPT-4 had a thing for Peter Max art…all renderings look like they stepped outta the Beatles’ movie “Yellow Submarine!” So there ya go, Wattson. Now it’s time to ease you down from this prehysterical flight of fancy:
Deek slept the entire night behind my building…see pic 1. You can’t even see the pups, but they’re there, curled up beside him and in his arms. With a jacket beneath them as protection from the rough, cold sidewalk, and another for partial cover against the damp ocean air. I was on my way to Rosenberg’s for my morning elixir when I snapped this photo. Once I turned the corner up Noe street I was gobsmacked to see a fukkin COW a few doors up! (Or maybe a bull, I didn’t look that close, but let’s call it a cow for the nonce.) See pic 2. It wasn’t the usual kinda cow you’d see on an American cattle ranch. Instead, it had thick, silver-gray fur and a hump atop the neck.
“What the hell?” I thought. “Are vagrants adopting COWS for pets now? How can they get away with that? Surely Animal Control will put a stop to it pronto! Otherwise we’ll see more and more of those poor beasts on the streets. How will they even feed them? People aren’t gonna hand out HAY, or the copious moolah it takes each day to keep them healthy! And the trash bins are gonna overflow with manure in no time! City Hall will be up in arms…or should I say hooves!”
I didn’t bother to approach the fellow seated a few feet from the bovine (who you can’t see in the snapshot, but I presumed to be homeless). Instead I crossed the street to take a pic with my Canon PowerShot…which I ran back hovel to get BTW, once I spotted that lovely, large quadruped. It radiated such a sweet, kindly nature, I could see right off the bat why Hindus worship them.
Once I pocketed my camera I crossed back to the other side of the street and entered Rosenberg’s…greeted Pallas with my usual good morning, as he did me with his usual sparkle. Knowing he’s from India I was tempted to say in jest: “I bet you feel right at home with that cow outside!” But I thought better of it…and not just because he’s a Sikh.
Of course I brought up the argent beast parked right outside: “Are homeless people adopting COWS for pets, now? Unbelievable!”
He burst out laughing, then explained the fellow and his furry cow-padre are part of an Easter event, starting around 10 AM. Relieved to hear that, I paid for my java, stepped out and, just when I was about to cross 16th Street, it hit me:
“Jeez you’re an IDIOT, Zeke, before you have your coffee! Of COURSE homeless people aren’t adopting cows.”
It wasn’t until around an hour later that Deek called up to my window:
“Hello-oh! Hello-oh! I’m going now, I need my speaker!”
I stuck my head out the window, nodded affirmative and while I was halfway down the stairs he started hollering: “HURRY UP, I GOTTA GET GOING! HURRY THE FUCK UP!”
Of course he was gonna play angry from last night, over the crappy smartphone he blamed me for wrecking…I expected that. Soon as I handed him the speaker he asked “Is the chip in it?”
“Yes!” I replied, “But it’s a new chip since the one you had was bent. I hope this one works.”
You see, good physician, the chip sticks out halfway in the back, so he probably dropped it on that side, which caused the damage. And possibly broke the port, I don’t know ’cause I couldn’t figure out how to turn it on to see if it plays.
But he didn’t respond since a streetcar was pulling up at the corner and he scurried with pups in tow to hop on. As if he couldn’t bother to wait for the next ride in ten minutes, so I’d have time to greet My Brindlekin. Be that as it may: they were so cute trotting alongside him and looking up at his face with devoted attention.
I realized right after they departed, he didn’t take the bike with him…I walked around my building to see it laying there on its side, along with a small pile of colorful cloth and hard plastic debris. My Glob he’s wasteful! I wouldn’t mind so much if it didn’t also mean a drain on my bank account, what with his not returning sweaters and various other items I buy for him, that really SHOULD last a lot longer and not require frequent replacement. Not to mention losing or BREAKING small things I provide him with, like micro-SD cards, bungee cords and marking pens!
Several hours later I decided to step out and look for the cow, so I could pet and hug the darling creature. And shoot a quick video of the petting zoo. Alas, the lovable ruminant was nowhere around by that time, but the animals that WERE there were absolutely charming: ducks of different, bright colors (though all with orange beaks of course) waddling and quacking about, white and black piglets, chickens, quail, rabbits and a tiny flock of baby goats. And they all got along:
Re: I woke up in the middle of the night, around 3 AM…
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 9, 2023 at 9:41 PM
> You’ve had a dreamy, vision-filled night and day!
Yes, it was terribly nice. I loved the ducks, but when I returned to take their picture they weren’t around, and I was too lazy to check the far end of the caged zoo to see if that’s where they went…I didn’t feel like pushing through the crowd of anthropoid onlookers
> That shaggy grey bovine was more than an Easter cow–it was a divine manifestation!
I thought of that, too, in the back of my mind. I felt so much kindness radiating from that sweetiepie. My desire to return to give her a hug was some kind of connection. I have since learned it’s a Brahman cow, which originated from India where they are worshiped. They’re the only breed with that distinctive hump on the back of their necks, though I couldn’t find a pic of one so shaggy. So yes, Wattson, that was truly a “holy cow.”
> Why does Deek sleep in the street when he has a “home?” Just for auld lang syne?
Of course. It’s freedom for him to still be able to hang and sleep outdoors now and then…and meet up with other street friends who he never would otherwise. It’s a healthy balance: the restrictions of living in a supervised shelter, and the random outdoor life of a rogue. The best of both worlds, I’d say. And remember:
He is very accustomed to sleeping outside, so much so it has the quality of “being home” to him. As far as choosing to camp right by my building: because I’m there, and I’m a friend. I DID find it unusual that he chose to sleep behind the structure instead of out front, which he always did previously. Because he enjoys the scene, meeting up with friends, and so forth.
But this time he selected a quiet spot instead. I think being indoors more has given him a taste of restful oases where can get a solid sleep. I liked that, too, since the pups also can snooze better.
I would’ve posted this email three hours ago, but Deek showed up, asked me to watch the doggies. He just got back. Nothing bad to report, he’s been mellow, but he’s out there now and the night is still young!
Another wonderful reading by Marshall; I just got to hear it this morning. I also listened to some of my earlier readings, from two and three months ago…I’m even better than I thought! I like what I have to say, and how I use entertaining remarks and scenes that make the reader think. Well, enough patting myself on the back, Wattson. May you and all your furry loved ones (including the biped) have a most excellent night.
– Zeke K-Holmes
Subject: I just emailed Legal Assistance for the Elderly
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 10, 2023 at 9:43 AM
Via their online form, I gave them THIS brief description:
–begin:
I am 72 years old, and received a summons in the mail with attached Acknowledgment of Receipt on March 27th. Resident is claiming one of the two little dogs I was sitting for a friend bit him back in May 2022, though I have received no evidence of that all this time. I believe the charges are false and dramatically exaggerated. I live on Social Security with no other monetary resources or assets (including a vehicle). So, while I am immune to being sued, I don’t want those false charges to stand because it can lead to my eviction. I am seeking guidance in the proper way to reply to this summons. Deadline for signing and mailing Acknowledgment of Receipt is April 16th, and the deadline for replying to the summons is April 26th. I have already tried SF Bar to get an attorney on my low income but they set me up with one whose fees go into thousands of dollars. So now I’m appealing to your organization for help. And the clock is ticking. All I’m looking for is assistance in replying to a summons. I already have an eviction attorney for a separate case who of course doesn’t deal with civil suits, so she advised me to seek a civil attorney via SF Bar…but that didn’t work out.
–end
They also asked if I have a disability, and what kind, so I wrote: “Mental disability: borderline schizophrenia.”
Unfortunately, they won’t get back to me for two days! I also posted my letter an hour ago to Ms. Elvensborn, which you’ve already seen. Waiting on her reply.
– Zeke K-Holmes
Subject: On Shaky Ground
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 10, 2023 at 10:45 AM
Here’s a pic from last night, showing Deek with a large trash bag stuffed with shake, nuch of it still on branches. He is sorting through it all, and placing the product in Ziploc baggies. The pups are on the upper right, curled up on the sleeping bag. Thank Glob the nights are no longer so cold they need to be covered or wear sweaters! He took the sleeping bag, said he’ll need it…I guess, then, he’s sleeping outdoors somewhere. Fine with me, as the bag has lasted almost three months for the pups’ comfort while visiting, and I have another for that. It’s not like I’m farming out four or five sleeping bags per month, as I did through the stormy, cold winter season.
It just occurred to me there’s another reason he doesn’t sleep in his cabin every night: he needs to sell his product on the streets and not bring any of it back to the shelter. I’m glad he’s dealing so much weed, rather than meth, which is a very good thing. But I’m not so glad he prepares the shake and sorts it out right in front of my building! (And still smokes crystal there, too, needless to say.) He left behind leaf debris scattered across the sidewalk and turning it partially green, like a mossy growth starting to take hold…along with a small stack of branches stripped bare. So, once My Little Trio had departed, I picked up the branches and tossed them into the trash bin, then used a broom to sweep all the leafy detritus over the curb. My work is never done!
– Zeke K-Holmes
P.S.: Wouldn’t YOU feel more at home with a Brahman cow right by the front door, Wattson? I know I would! Standing in the side hall where my room is located as residents, delivery people and EMTs pass by. It would be MOST a-moo-sing.
Subject: Legal Assistance for the Elderly just called me back!
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 10, 2023 at 2:18 PM
That was fast! Unfortunately, they don’t handle personal injury cases (which is the type of lawsuit the case number indicates). But she told me if all I want is guidance on filling out my reply to the summons, the SF Law Library is the place to go. Not just books, but people who work there will help me out, including handing me the correct form. They’re conveniently located a hop, skip and a jump straight down Market Street, at the Civic Center near the main library. Open every weekday from 9 AM to 5 PM. So I will spend one or two hours there tomorrow…that should be all it’ll take, or perhaps TWO visits at most.
No response from my eviction attorney yet. If I don’t hear from her today, I’ll contact the SF Bar to see if they’ll right their wrong. Maybe she’s gonna call them herself to get the matter resolved. I hope so! After all, she’s the one who told me they’ll handle my case for free.
– Zeke K-Holmes
Subject: 6:30 PM now, and my eviction attorney never got back to me!
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 10, 2023 at 6:33 PM
You’d think were she busy, she’d at least pop me a “Got your email, busy now, I’ll get back to you tomorrow.” Or maybe she’s ill, or some other emergency.
Further thoughts on my civil lawsuit:
Kevin is behind this…he’s COACHING my accuser! The plaintiff wouldn’t charge me with letting the pups run around my building unleashed unless KEVIN put that idea in his head! And his specific use of the phrase “dangerous and vicious” is exactly the one Kevin wrote in that hateful letter he taped to my door back in February 2021. (Gee, that long ago now?)
He IMPLANTED that phrase in the plaintiff’s mind. Kevin IS an attorney (though not practicing) so knows the PRECISE legal term to justify putting the dogs down, as well as getting me evicted. Of course he’s ALSO encouraged the plaintiff to create false accusations to a malicious degree. I am sure his growing senility plays a role in expanding the hatred he already harbors towards me. Good thing I mailed that letter of complaint to Ablahblah, about Kevin’s scary behavior…and another about the Myrtle/Adisa debacle.
Kevin HAS the proof of vaccine papers AND pics of of the rabies tags that I texted to him. Did he NOT show them to the plaintiff, make him think the pups weren’t vaccinated? How stupid of him because even if he deleted them from his phone, they’re still on record with the phone company, and a warrant would reveal his texting history. Bad maneuver on the old, dying codger’s part!
As for the alleged ankle bite: wouldn’t the doctor who (supposedly) gave him the rabies shots have taken a picture so I can see any REAL injury? Why didn’t the plaintiff or one of his friends come to my door and ask for proof of vaccination? The papers are stored right there in a plastic box I use to keep my Deek stuff!
I’m sure Kevin’s senility exacerbates his maliciousness and causes him to make false accusations that are easily disproven. Were he in his right mind he’d know better, that he’d get in a lot of trouble in the long run, legally speaking.
I just reread Ms. Elvensborn’s Answer to Ablahblah’s summons: it’s really quite a doozy, no wonder they backed off, job well done!
When I get back to the attorney from SF Bar who couldn’t take my case, Mr. Wasserman, he just might wind up being interested in filing a lawsuit against Ablablah on my behalf…and that of other tenants. ‘Cause there’s a lotta GOLD in them thar hills!
All these twists and turns are taking me to interesting places, and I see now how the jigsaw pieces are falling into place, in my favor. Hope you’re having a great day, Wattson.
– Zeke K-Holmes
P.S.: And whaddya think of plaintiff’s attorney’s declaration that the landlord failed to put up a sign warning “dangerous dogs on board?” Hilarious! It’s scripted, Wattson, they’re pulling my leg! That was the bodhisattva clue!
Re: 6:30 PM now, and my eviction attorney never got back to me!
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 10, 2023 at 8:22 PM
> Yep. That’s his fingerprint, all right.
USING another resident for his devious plot. The Wicked Warlock of the East, ’cause he lives on the top floor, in the easternmost apartment…well, if being so frail ya can’t even walk anymore without a helping arm, I wouldn’t call it “living.”
> And what reputable doctor would give someone rabies shots without checking to see if the dogs had been vaccinated?
Maybe the Three Stooges cut a deal to share the booty equally: the plaintiff, the resident manager and the doctor.
> If the “victim” did in fact undergo the rabies shots, because Kevin led him to believe the dogs were unvaccinated, the tables could be turned on Kevin.
Well, he’ll be dead soon enough. The onus will fall like a ton of bricks on Ablablah Realty! I’m sure Victor (our maintenance man) has a lot of beans to spill.
> Wouldn’t THAT be sweet!!!
I would ask Mr. Wasserman to send me a dozen of his business cards and hand most of them over to the occupant who attempted to start a tenants union. He talks to so many people who live here (while I do not), so he could get the ball rolling.
> “Dangerous dogs.” Dangerously cute is about it.
Ha ha, they sure are! They’ll adore you to death if you give ’em half a chance.
– Zeke K-Holmes
Subject: Luba and her two chihuahuas…
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 10, 2023 at 10:39 PM
…crossed my path yesterday afternoon. (I forgot to include her in my latest Deek update, so I’m bringing her up now.) I’ve mentioned her before, many chapters ago. She’s friends with Deek, Boulevard Joe and a few other homeless. And has two chihuahuas that she pushes around in a stroller. She’s a short, stout Latina lady around sixty years old, who decorates her face with thick, black eyeliner and mascara. Lives in a Section 8 apartment on Noe Street, about a half block towards (and opposite from) the Palestinian corner store. I think the last time we talked was over a year ago. Not that I don’t see her around, but I prefer to NOT intrude on Deek’s friendships. She never recognizes me anyway, from a distance.
She smiled down at Lucky & Flaco who patiently sat by my feet while looking up at her with familiar respect.
“I KNOW those dogs,” she exclaimed, “and they’re not yours!”
“That’s right, they’re Deek’s,” I agreed. “I’m his friend who dog-sits them once or twice a week.”
“And to think I ever tried to talk him out of one of ’em!” she said. “Look at them, they truly belong together!”
“Yes they do,” I replied. “They’re brother and sister with great affection for each other! They get along so well.”
“Boy, I sure miss Joe,” she later exclaimed as our conversation evolved. “He fixed my dishwasher, my radiator and other stuff around the house for a good price!”
“I do, too,” I replied. “They’re all living indoors now.” (Meaning Joe and his “tribe” whose presence was vibrant and well known throughout the Castro for muchos años.)
“Well, I want you to give him a message,” she stated. I nodded my head and she continued: “My lawsuit’s coming to a close soon, over that gangster dog attack, so I’ll soon be running into some money and I’d like to help him out.”
(I vaguely remember Deek mentioning the attack on Luba, happened maybe six years ago. It was a Rottweiller, I think, owned by a neighbor living in the same complex, who had a criminal background of the violent sort. Shades of Diane Whipple!)
“Sure, I’ll be glad to tell him the good news!” I replied, and then we went our separate ways.
Later, after Deek returned loaded with a huge sack of shake like some hippie Santa, I gave him Luba’s message.
“Did she say how much money?” he asked. (Natch that would be the first thing to come out of his gumbo hole.)
“Of course not,” I sputtered while stifling a guffaw. “You know she’s quite the booze hound, so maybe she’s just talking out of her hat, but I think it’s a good idea to look her up, soon. You never know.”
– Zeke K-Holmes
Subject: My letter of appeal to San Francisco Bar Association, via email.
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 11, 2023 at 9:19 AM
It includes their post referring me to Mr. Wasserman, appended below my email, but not included herein:
–begin:
Subject: URGENT! I was assigned the wrong attorney.
The attorney SF Bar referred me to (David Wasserman), only charges his regular fee, which goes into thousands of dollars…he does not take on low income clients. When I used SF Bar’s online form to seek an attorney, it asked for my income, which is only Social Security. I need an attorney’s guidance to prepare a reply to a summons, which deadline to deliver is March 24, so the clock is ticking. Can you please credit the $35 charged for referring me to Mr. Wasserman, and apply it to an attorney who will take my case pro bono? Or waive the $35 fee, if you cannot find me the right attorney…but I certainly hope it doesn’t come to that. After all, your organization advertises free legal counsel to the most vulnerable. Thank you for your attention. Reply via email is fine, but here’s my phone number anyway: 415-xxx-xxxx.
–end
Subject: Message for David Wasserman (an update)
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 11, 2023 at 11:33 AM
Sent at 10:53 AM:
–begin:
Hello, David. Yesterday I contacted Legal Assistance for the Elderly via online form, and they got back to me via phone call just a couple hours later. She asked for the case number, looked it up and told me that’s a personal injury lawsuit, and they don’t handle such cases. But she did recommend I go to the SF Legal Library, where I can get the exact help I need in preparing a reply to the summons. So I’ll do just that, starting this afternoon. Meanwhile, I sent this email to San Francisco Bar this morning:
–begin:
Subject: URGENT! I was assigned the wrong attorney.
The attorney San Francisco Bar referred me to (Micheal Wasserman), only charges his regular fee, which goes into thousands of dollars…he does not take on low income clients. When I used San Francisco Bar’s online form to seek an attorney, it asked for my income, which is only Social Security. I need an attorney’s guidance to prepare a reply to a summons, which deadline to deliver is March 24, so the clock is ticking. Can you please credit the $35 charged for referring me to Mr. Wasserman, and apply it to an attorney who will take my case pro bono? Or waive the $35 fee, if you cannot find me the right attorney…but I certainly hope it doesn’t come to that. After all, your organization advertises free legal counsel to the most vulnerable. Thank you for your attention. Reply via email is fine, but here’s my phone number anyway: 415-918-0087.
–end
My main concern is one I hope assistants at the SF Law Library can answer, and here it is:
“The plaintiff’s attorney will drop me from the lawsuit once he discovers my sole income is Social Security, and I have no other income, or any assets. In which case the false charges against against me will still stand regarding the other defendant, my landlord. Which can easily lead to my eviction. Unless in my reply requesting a waiver I can nonetheless include a reply to every allegation. If that’s not allowed, I presume I will be subpoenaed by the landlord’s attorney to testify…which I will gladly do in order to strike down the claims against me.”
Another, less important, concern is if I can print out my replies against the allegations (if such is allowed in a request for dismissal) as an attachment to the official form. And write on that form “see attachment” in all the proper boxes. I have a touch of carpal tunnel syndrome from years of typewriting (I’m an author who’s been posting tons of stories on my blog over many years), and writing my replies by hand will be difficult, and possibly painful. Besides which, I probably will not be able to fit some of my replies into small boxes on that form.
Now, regarding your suggestion to ignore both the Acknowledgment of Receipt and the summons itself, because not delivered by hand, I found the following statement on a legal website, claiming such a tactic is a perfectly legal alternative to using a process server:
–quote:
HOW TO SERVE LEGAL PAPERS BY NOTICE AND ACKNOWLEDGMENT OF RECEIPT IN CALIFORNIA
The acknowledgment of service by mail by the signature of the receipt allows for this method. The server is responsible for mailing the summons and complaint to the defendant with twin copies of the notice and acknowledgment receipt. The purpose of one copy is to be signed by the defendant as proof of receipt in the mail and returned to the server so that they can fill out a proof of service with the details. However, it is necessary to attach the returned Notice and Acknowledgment of Receipt since the service by Notice and Acknowledgment of Receipt is complete on the date the other side signs the Acknowledgment of Receipt portion of the form.
–end
You can find that quote on the following page about a third of the way down.
So unless I misunderstand the wording in that quote (or unless San Francisco County’s rules are a bit more lenient), I will proceed as if the deadline for sending my signed copy of Acknowledgment of Receipt is April 16th, and the deadline for replying to the summons is April 24th…both of which I will mail at least a day before the last date allowed.
I sent an email to my eviction attorney early yesterday morning (who told me to contact the San Francisco Bar Association last week, where they’ll take my case for free), regarding SF Bar’s disappointing outcome. She has yet to get back to me, but I hope she will very soon. Maybe she’s busy trying to straighten things out with the San Francisco Bar, or finding some other solution for me. Or maybe some emergency has happened, where she can’t post back at this time. All I know is: she’s an excellent lawyer who has saved my skin from eviction (this was prior to the recent personal injury lawsuit suddenly erupting), and I have no wish other than to maintain respect and gratitude for her good work, and that of Bay Area Legal Aid in general. Besides which, she cannot advise me regarding a civil suit, ’cause not her purview.
So there’s my update, David! The worst case scenario is I’ll have to employ the resources at the SF Law Library…and that’s not a bad way to go at all, though not ideal. Hope you have an excellent day.
Sincerely (and with much appreciation for our talk last Friday, it was energizing),
Ezekiel J. Krahlin
Subject: My eviction attorney’s reply just showed up!
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 11, 2023 at 11:39 AM
Which I received at 10:45 AM, and I replied back 20 minutes later:
–quote:
Yes, I think you can contact the San Francisco Bar again and tell them that you think they made a mistake and that you should probably qualify for a free attorney. You can also try to get help with preparing a response to the Summons and Complaint through the self-help center at the courthouse. It is called ACCESS Center and it is located at 400 McAllister Street, Room 509. You can go in-person on Monday, Tuesday and Thursday at 8:30am. You can also call their helpline first submit an online inquiry. The ACCESS Center cannot provide you with an attorney but they can maybe help you with an answer to the Summons and Complaint.
Hopefully, they can also give you legal info regarding the notice of acknowledgment of receipt. Good luck.
–end
Now, my reply:
–begin:
Okay then, I will do as you suggest. I have already contacted the San Francisco Bar in this matter via email this morning. And yesterday I spoke with someone at Legal Assistance for the Elderly, who said that’s a personal injury lawsuit and they don’t handle such cases…but she recommended I use the resources at the SF Law Library, which sounds like a great idea. Your advice to use the self-help center at the courthouse sounds equally good, maybe better. Thank you!
–end
Subject: San Francisco Bar just phoned me!
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 11, 2023 at 11:51 AM
After her disappointing explanation, I sent this update to my eviction attorney:
–begin:
SF Bar just got back to me, via phone. They apologized, said they don’t do pro bono, but sliding scale, and they don’t know exactly what fee any attorney charges on that scale, when they refer someone. I told her the attorney they recommended does not do sliding scale, either…and added that I can only do sliding scale if it comes to no more than $100 per month (and even that would be a burden), and I doubt they have any lawyer who offers such a low fee. She said that’s right, and suggested I go to UC Hastings at 333 Golden Gate Ave. for their walk-in assistance this Friday between 4-6pm. I will do just that.
Before hanging up I politely told her I’m disappointed with San Francisco Bar’s offer of free legal service to the most vulnerable, as that doesn’t seem to be the case. But it is what it is, and thanked her for the UC Hastings tip.
Going to the SF Law Library this afternoon to get the ball rolling.
–end
Subject: My email to Superior Court’s ACCESS Center via their online form.
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 11, 2023 at 1:10 PM
FYI, Wattson: even one of their own web pages claims SF Bar does pro-bono for the very low income:
“ACCESS Staff cannot advise, strategize, go to court on your behalf, nor speak to a judge to discuss your case. Contact the (SF Bar) San Francisco Bar Association or San Francisco’s Lawyer Referral Service to hire an attorney, and/or to see if you qualify for a low fee or free attorney.”
Anyway, here is what I posted to them via their online request form, for which they’ll get back to me two or three days later (egads, time is running out):
“I need help replying to the summons properly. Cannot find an attorney due to my low income on Social Security, as I already applied through the Bar Association of San Francisco’s Lawyer Referral Service, and they claim they do not have any attorneys that take cases pro bono, contrary to their advertisements. As a result, they have cost me valuable time in finding some other resource. It is a personal injury case, which claims are false, so it’s important for me to refute them, even though my sole income, Social Security, makes me immune to being sued. Seeing as the other defendant is the landlord and I presume the plaintiff’s lawyer can proceed with these false claims unless I refute each one. Don’t know if a defendant can both be dismissed (due to Social Security and no assets) and dispute the charges at the same time. Acknowledgment of Receipt deadline is April 16, and deadline to answer the summons is April 24.”
ZekeBlog 2.0 