[Brindlekin Tales – Book 7: Chapter 23]
Subject: Glitches in the Matrix
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 24, 2023 at 2:57 PM
I had all my papers filled out, signed and dated last night, so was good to go the next day, to process my Denial, Fee Waiver, and Proof of Delivery bright and early. So this morning, soon as I arose, I did a final eyeball over all necessary documents, then noticed the date I was served the summons is March 23rd. But for some unknown reason I thought all along it was the 27th! So after checking out my calendar (again), I realized the final day I could respond was last Friday instead of this Wednesday! This is based on a 30-day window without excusing weekends and holidays. So, the 30-day span ending last Saturday meant I had to file my Denial the day before at the very latest.
At least, according to a generic web page on how to answer a summons. Though perhaps California allows the defendant a slightly extended deadline, if day 30 falls on the weekend…which means today would be the final day. Though I kinda doubt it, in which case I’m screwed. So I decided it’s wise to hustle my ass down to civil court anyway, and see how things go. I did just that and, now that I’m back hovel, allow me to describe exactly what went down:
I had to visit two different buildings: first, 400 McAllister that harbors the court where the plaintiff’s attorney registered the summons…then, right across the street to City Hall where the sheriff’s office is located for serving papers. I was upfront with the county clerk:
“I’m judgment proof but decided to reply with a General Denial anyway. It was a last minute decision, so perhaps I missed the deadline, I’m not sure.”
She asked then to see the summons, and after handing it to her she began clacking away at her keyboard, and about a half minute later asked to see Proof of Delivery.
“I don’t have that yet,” I replied, “I still need to go to the sheriff’s office, but first I need to apply for a court fee waiver.”
“Sure, I can do that for ya!” she said. “Do you have the waiver form filled out?”
“Yes,” I replied, then extracted the document from a manila folder contained in a plastic grocery bag. Which I used in lieu of a backpack today, to make security check a breeze.
I also drew out my wallet to extract the EBT card, but she stopped me, said “That’s okay, I don’t need to see it.”
Besides her not saying anything about whether or not the deadline had passed, I also found it strange she did not require proof of my pauper status! Nonetheless, I watched her process my waiver, which she photocopied onto two green sheets of paper, dated, signed, stapled and stamped, then handed to me. By that point I had no idea what was really going on, but just went with the flow, said “Thanks” and departed, on my way to City Hall.
Just like the McAllister building, City Hall was mostly vacant of visitors, thus no waiting in line there, either. Easy breezy…and it WAS a lovely, sunny morning that made me wanna hang out in that part of the burg after my filing was done. But I didn’t want to keep Deek and pups waiting too long, if they showed up while I was gone. (They didn’t BTW, and still haven’t, though I’m sure Deek’s itch for more buckazoids is welling up like a nasty hive again!) At any rate:
I handed the woman working by a computer out front, my General Denial form and she gave me another form to fill out for the delivery process. I just had to write down the plaintiff’s name, his attorney’s name and address, case number and my own name, address and telephone number. They will make three attempts to deliver, starting tomorrow (I think). And once (hopefully) served, they’ll send me a copy of proof via snail mail, as well as bring the orginal proof of service papers to the county clerk themselves.
The whole process was simple and quick, everyone was nice to me and riding the Metro home was a piece of cake. But of course the only downside is my reply will most likely be rejected because it PROBABLY wasn’t delivered on time. I have NO idea why I did this to myself, seeing as I was careful about getting the right forms, filling them out properly, and rechecking the calendar numerous times to be sure I’d not miss the deadline!
This is not like me, Wattson, no, not at all. Why did this happen? How on earth did I get March 27th stuck in my head like that? And why did the papers disappear from my room, requiring me to ask the plaintiff’s attorney to send them again? Here is my conjecture:
Seeing as these bodhisattva wizards have complete command of my world (a good thing I should note), they possibly messed with my head to get the deadline wrong, as well as made the first delivery of those papers disappear. Now, just WHY would they do that (you may ask yourself)? Well, there’s only ONE reason I can come up with:
Those glitches were intentionally imposed upon me, for whatever reason they deemed necessary for the advancement of my soul as efficaciously as possible. Though a positive outcome is inevitable, the steps getting there sometimes include a disappointment, a failure, a fright here and there, now and then. (Not to mention gifting me another cliffhanger of a tale!)
This does NOT diminish one iota the exuberant impact of my LARC rendezvous, so much like sitting in a waiting room by the Pearly Gates AFTER you’ve already been deemed worthy, but they have to process each and every soul before escorting you through, and that takes time. Ironically, however, the day I went on a LARC was the same day as my deadline!
They’re playing with me, good physician! And this sloppily composed, handprinted envelope addressed to me by plaintiff’s attorney is yet another clue. How can I take seriously a so-called “legal expert,” when their mail-bound presentations appear so unprofessional?
Likewise, the County Clerk was having a little fun at my expense! Not mentioning anything about the deadline, nor asking to see my EBT card…gimme a break!
Anyway, it’s a lovely spring day and I’m sitting back enjoying a cup of Rosenberg’s java and a large, plump blueberry muffin that I’ve been eyeing on their counter for MONTHS and finally broke down today, after returning from the Civic Center. The blueberries are juicy and bountiful! (Don’t get me wrong, though, it’s not the SAME muffin I first laid eyes on…they have a fresh supply of ’em every week in hopes to finally seduce me. And guess what: they SUCCEEDED at last!)
Felix the shop owner was there, said “You’re late!” the moment I stepped inside. I told him I had to go to City Hall first thing this morning, to sign and process a buncha forms. When I snatched up one of the blueberry muffins clumped together like the tempting fat cakes they are, each tightly veiled in plastic wrap, he exclaimed: “They’re very good!”
“Yes I know, been eyein’ ’em for months!” I replied. “Thought I’d celebrate with one today. I used to enjoy these muffins back when coffeehouses were my thing.”
“Oh, they’re not anymore?” he queried.
“The pandemic put the kibosh on that,” I explained, “along with FINALLY getting high-speed broadband at home…for free!”
What can I say, Wattson, but that LARC has breathed fresh air into my world…not only have I been supremely invigorated, I am REBORN thanks to them! And eager to resume my city walks, explore the changing Tenderloin and Bayview/Hunter’s Point, in spite of the latter being portrayed as a violent hotbed of neglected black residents hangin’ on for dear life to keep a roof over their heads and bills paid. Maybe my presence can do some good, though I certainly won’t hang out there after dusk!
The FIRST time I’ll visit that area will be this Friday, to attend another LARC session. And ask an attorney what will be the likely repurcussions of my failing to deliver the Denial on time, in light of the bogus and shocking complaints against me. Especially how the property owner might respond, if at all. I don’t think Ablablah can call me in to testify against the plaintiff’s claims now, since they won by default…thus I can no longer bring up any denials.
Come what may, I’m sure I’ll be fine. So I’ll continue to focus on the many achievements I have accomplished thus far, forge ahead to build on them, and be eternally grateful for the incredible spirits I’ve communed with just three afternoons ago at triple-three Golden Gate Avenue. And keep dancing!
P.S.: Santana’s “Maria Maria” continues to play in the background now and then, whenever it pleases me, as has been the case for the past four days. I often just tap on my Chromebook’s [enter] key to repeat, and keep that up for maybe a dozen times…the song is so lovingly evoked, and rich with cholo spirit! Here’s but ONE verse from that angelic treasure that hit the top of the chart for ten weeks in America, back in 1999:
Stop the looting, stop the shooting
Pick pock’ing on the corner
See as the rich is getting richer
The poor is getting poorer
Se mira Maria on the corner
Thinking of ways to make it better
In my mailbox, there’s an eviction letter
Signed by the judge, said see you later
I can certainly relate to those last two lines, Wattson (and of course line 4)! And here’s the original video…elegant! Marvin Moore a.k.a. “Money Harm:” what a rich, melodic voice and so fukkin handsome back then!
THIS just came in the email moments ago. From the ABA’s “free answers” message board:
Thank you for supplying this information. Yes, you should submit an Answer, as well as declare Judgment Proof. The clinic should be able to help you fill out the answer form, including how to handle specific headings. Mediation would allow you to explain to the Plaintiff’s attorney why you are denying the Plaintiff’s claims. For now, however, I would recommend focusing on filing an answer with the court, and then proceeding from there.
[This question is marked as answered and is now closed.]
So, that attorney recommends an Answer rather than a General Denial…though I think Prentiss is correct about the latter being best. Of course, it may be too late at this point, no matter what. Jeepers, what a monkey on my back!
Subject: One strange thing about my visit to the sheriff’s office:
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 24, 2023 at 8:07 PM
That form you fill out for serving the plaintiff with a reply, had three identical sections subheaded PLAINTIFF, one atop the other, where you enter a different name and address for each (at least, that’s how I saw it). Well, since I only had but a single plaintiff to address (being the attorney representing him), I figured the bottom two were for those lawsuits where maybe two or three plaintiffs are involved. Certainly not MY situation, so naturally I just filled out the topmost one.
So when I handed the form back to the clerk for processing, that I thought I had completed, she quickly scanned it and asked: “Where’s YOUR name and address?”
I told her I don’t see any place on the form to include that, so I figured the case title with my last name in it and the case number would suffice, and she’d get my personal information from the attached General Denial.
“No,” she said while pointing at the third PLAINTIFF box. “The part you need to fill out is right here, see?”
“But I’m not the plaintiff, I’m the defendant!” I replied with some confusion.
“Okay,” she said, “Look at the top here, tell me who that is.”
Since she laid her finger on the top left of the form, which indicated the plaintiff and his name (which I had to write down myself), I said, unsurprisingly: “The plaintiff.”
“Okay, now tell me who THIS person is,” she said as she slid her finger to the right, which indicated the defendant and HIS name (which I also had to write down).
“Well, that’s ME, the defendant, of course!” I replied, now more perplexed than ever.
“So you need to fill out your address and phone number right at the bottom HERE!” she said, this time with a touch of annoyance in her voice, like I was being a smartass…while once again pointing at the section for the third, and final, plaintiff.
“Aha!” I replied. “You mean because I am demanding PROOF for their complaints by serving them a Denial, that in this case I become the plaintiff?”
Upon my saying that, she threw up her hands, declared: “Just ignore the word PLAINTIFF for that section, fill it out and you’re good!”
At this absurd point I figured it wise to NOT ask why it didn’t say DEFENDANT instead of PLAINTIFF, as I seemed to have tested her patience to the max…albeit through no fault of my own! The heavyset woman appeared to be in her late sixties, and Hindu by the way (or at least from India), going by her colorful style of clothing typical of that culture. And she DID have the accent to match.
So I wrote down the requisite information, handed her the form for which she presented me a receipt, thanked her and hastily departed…wondering if I did anything right today, between the court clerk and the sheriff’s assistant. Or, better said: if THEY did anything right.
Makes sense though, in a funny kinda way…assuming they are players on the bodhisattva Wheel of Misfortune that is my life. One problem, though:
What happened to the dice, where the fuck are the dice? And the cards…they’re gone, too? Did they just disappear into the ether as well, like the original summons? After all, the game DID start out with dice and cards. And frankly, Wattson, I can’t recall WHEN that accursed wheel showed up! There are strange SYMBOLS on it that look like NO culture’s on earth, not even ancient Sumeria fer Glob’s sake! They hurt my eyes, just the shapes alone, they seem to have sucking MOUTHS on them in various and sundry arrangements! Great Queen Kassogtha, Cthulhu’s Glorious Sister and Concubine of Myriad Spinning Tentacles, is that you? I thought you were a friggin WHEEL: begging your forgiveness!
– Zeke K (I-have-gazed-into-the-abyss-where-all-cookie-crumbs-and-missing-socks-go) Holmes
Subject: Superb Update (or) Good News for Modern Homo Sapiens
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 25, 2023 at 2:13 PM
Just got an email from plaintiff’s attorney who asked me to give him a call. So I did, and just got off the phone with him. Here is how the conversation went (BTW he sounds young and impressively polite):
He let me know he received the General Denial today, and wanted clarification regarding my financial status, that my sole income is Social Security, and I have no other monies or assets. I assured him that is the case. He then expressed a desire to cut me out of the lawsuit. And that he’d like me to email him a history of the dogs, why I had them over in the first place, and what I believe happened that led to the lawsuit. So I replied:
“You mean I can present you with an unofficial equivalent of my denials? Because I believe that most of the charges are either grossly exaggerated or just plain wrong…and that your plaintiff is possibly being coached by someone with malicious intent.”
“Well, the truth is the truth,” he replied.
“And I have mine,” I countered, “And would prefer not to have base accusations against me remain on record, and they not be redirected to the other defendant, who is the landlord. So, let’s see if I understand correctly: you want me to give a history of the dogs, and state any grievances I have regarding the list of complaints?”
“Yes,” he agreed. “That will do nicely, then I’ll confer with my client and take it from there.”
“Okay, sounds good,” I answered. “I will complete my email to you by this evening, so I guess you’ll see it tomorrow. Is that agreeable?”
“Yes, that’s fine,” he replied. “And thanks for giving me a call.”
“Good talking to you, Mr. Lucasio. I appreciate the opportunity to present my side of the story.”
So that’s that, Wattson! He seemed taken aback by my clarity of thought and honest appraisal…like maybe he’s dancing a Tango with someone who has better moves than him! Because I was also FRIENDLY in my talk, and expressed not one whit of outrage against the plaintiff or anyone else…and was sharp as a scalpel with my words. I don’t think he expected anything other than a flustered, barely comprehensible person bursting with hostility…or one expressing nervous trepidation flush with tears of self-pity and begging for mercy.
Who knows, though, for after all is said and done, this is likely just a staged performance for the benefit of moi!
You know EXACTLY what I’m going to convey to Mr. Lucasio via email, ’cause you’ve SEEN it already in scattered parts via earlier missives…so no need to send you a copy unless you’d enjoy the perusal thereof.
!!! THIS IS VICTORY OF THE NOBLEST SORT !!!
Things just keep getting better and better, eh, good doctor? Welp, time for me to arise from my chair once more and boogie up a storm to “Maria Maria!” Then get down to business and compose one of the most important letters I’ve ever writ in my life. Why I don’t say “THE most important” is because my assisting Randolph Taylor back in the mid to late ’80s included MANY letters of profound significance…not to mention my copious essays and tales regarding LGBT rights.
HAVE A *GREAT* REST-OF-THE-DAY, WATTSON!
And I KNOW you will, simply thanks to this, my latest missive, “Good News for Modern Homo Sapiens,” to one so kind as your own splendiferous self.
– Zeke K-Holmes
Before affirming he received the Denial, I said to him my reply was a last minute decision and I was afraid I might have missed the deadline date. That’s when he said no I didn’t, it was delivered just moments ago. Also, he queried if my friend who owns the dogs is homeless. So I replied:
“Yes, until four months ago. He’s now living in a tiny cabin.”
“Well that’s great news,” he replied.
He also asked if the landlord knew about the dogs, so I responded with: “The manager knew, and it was with his tacit approval. I was sitting them two or three days a week for over a year and a half before the alleged incident occurred.”
And when he asked me to email him a history of the dogs, etc., I told him it’s all documented, I keep a diary, so no problem.
Subject: Another letter to my eviction attorney
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 25, 2023 at 4:17 PM
Just sent it out like a dove taking flight from my hand, though it was actually Pterry Pterodactyl who delivered the message, with great jubilation while pooping over every Republican he spotted along the way.
Subject: Awesome News!
Plaintiff’s attorney is gonna drop me outta the lawsuit…I just got through speaking with him over the phone, moments after the sheriff’s department delivered my General Denial. I decided to challenge the lawsuit with a Denial (rather than ignore the Summons), due to grossly exaggerated claims, false claims and subjective (opinionated) claims. Some of which claims, if left unchallenged, could be directed at my landlord, the other Defendant. Which could weaken their Defense and possibly trigger another attempt to evict me. Though even if that were not the case I’d still have proceeded with a Denial, only because the claims are hostile and reflect badly on me…and I don’t want them to remain on record to haunt me for the rest of my life.
Kudos to LARC for their outstanding support and guidance, BTW. I spoke with a Personal Injury Attorney (Prentiss, truly “off the chart” in a good way) who assured me that a General Denial is the best way to go, and that Plaintiff’s Attorney is on the lowest tier among attorneys and is using the Plaintiff to use ME to get through to my landlord in hopes of collecting a large sum of money. Plaintiff’s Attorney will likely drop the lawsuit entirely, after reading my denials, which he asked me to send him via email, so he’ll be reading them tomorrow.
I’ve written all about my incredible experience with LARC on my blog, and I know you’ll enjoy it immensely, if you want to spend some relaxing time between your many responsibilities, and feel invigorated. That chapter is called “Every Little Endorphin Boost Counts!” and my LARC adventure begins about a third of the way down, under the subheading “Subject: BRILLIANT…so glad I went!” Here’s the link.
I am SO pleased I can soon release all my tales around the eviction fiasco! Just know I use pseudonyms for every person involved that has graced my pages with incredible character, intelligence, dedication and wit.
Please, no need to reply, I’m not seeking flattery or recognition, especially since I already realize my tales will soon take off like a rocket breaking through the stratosphere…notwithstanding my utter lack of access to a publisher, or support by anyone so connected. Consider my LARC tale a GIFT to you and the countless other incredible souls who work at BALA, LARC, and related agencies. For it is these impeccably GOOD people who have gifted ME with stupendous stories to share with the world at large. In short, I”m just returning the favor.
With tremendous gratitude,
Ezekiel J. Krahlin
Re: Superb Update (or) Good News for Modern Home Sapiens
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 25, 2023 at 9:49 PM
Even THAT’S an understatement.
> I love it that you had this conversation with the plaintiff’s attorney. I’ll bet he was FLOORED. Not at all what he was expecting!!!
Do you see what’s going on, Wattson? I am being catapulted into recognition and fame for my decades of good works, as I speak with attorneys in one way or another…and word spreads. This is how it starts, this is how my bodhisattva guardians have written the script…some play a friend, others an enemy. The stage is set!
> Well done, old chap!
Thank you, good physician. I could NOT have gotten there without your loving, intelligent outreach over many years. So pat yourSELF on the back, too! You are no less deserving of the honors.
– Zeke K-Holmes
Re: Another letter to my eviction attorney
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 25, 2023 at 10:06 PM
> This is truly wonderful!!!
Isn’t it? Can’t you see a Disney animation of me and Pterry Pterodactyl working together as detectives and comrades? So here is what Magdalena is going to do once she reads my email, which won’t happen till she returns from vacation on May 5th:
She’ll print out that email and make many copies to post in various attorney’s offices who work with BALA, LARC, SF Bar and whatever other legal groups assist the poor in this city (and perhaps beyond). Which letter includes a link to my chapter that features my LARC adventure. Some attorney may be so impressed and have the right connections to set me up for publication! Or public speaking. Or media interviews.
I’m almost done composing my email to plaintiff’s attorney. I’ll send you the parts you haven’t seen yet (because just invented), and a couple of short passages I’ve embellished.
Pleasant dreams, Wattson…I know I will have some. I shall sleep VERY well tonight indeed, and for all my many days and years remaining…may they be eternal!
– Zeke K-Holmes
Subject: The Whole Enchilada
From: Ezekiel Krahlin
To: My Dear Wattson
Date: April 25, 2023 at 10:28 PM
Decided to send you a copy of the entire email, not too long and you’re a fast reader. Enjoy!
HISTORY OF THE DOGS FLACO & LUCKY
Against my wishes (because I think it’s cruel to force a dog to live on the streets) my homeless friend of almost fifteen years, Deek, went ahead anyway and adopted two dogs…first, the male (Lucky) in early 2020 and about seven months later the female, his sister from a different litter. Deek has been prone to extreme mood swings, and for that reason (among others) I didn’t think he’d make for a responsible dog owner. So I realized the dogs need help, for their master would’ve surely lost them, or died, had I not intervened. The pups are delightful, charming and most loving…and for this reason I committed myself to both aiding them as well as working with Deek to get a better handle on his mood swings. It’s been a dragged out, uphill climb, but he’s improved drastically, especially over the past year: has far less or severe mood swings and takes much better care of the dogs. And best of all: he now lives in a tiny cabin since January, and the hounds love their new digs.
My suggestion to dog sit two or three days a week came about because he was forcing the dogs to be exposed to the rain, and sleep on the hard, cold sidewalks at night…no sweaters, no blankets, nothing for their simple comfort. So I figured the odds for their survival, good health and happiness would increase if they had regular breaks indoors, where they know they’re loved and safe. Deek would also bring the pups over whenever it started to rain…or a heat wave hit the city, in which case I’d keep them cooled down with a fan, as well as dampened bandanas flung over them while they rested.
At one time early on, I seriously considered having Animal Control remove them from Deek’s ownership, but I came to learn they wouldn’t do that except in the most severe cases of abuse, which is definitely not their situation with Deek. That is when I decided to roll up my sleeves and do everything I could for securing the dogs’ well-being, and getting Deek to be more responsible.
The building manager, Kevin Bond, was fully aware that I was sitting the dogs, right from day one. He has never objected until around a year later a clearly false claim of a dog bite by another resident was made. More about that below. Then came your plaintiff’s complaint.
RE. DUBIOUS ALLEGATIONS
– Main allegation being the claim one of these two dogs I was sitting for a friend bit the plaintiff, yet I have received zilch evidence of that…neither on the person himself, nor with any photograph. The picture Officer Heurta showed me on his smartphone appeared to be unharmed, just a regular foot and ankle. When he offered to show me a video of the dogs’ alleged attack I said that won’t be necessary, because I saw no reason why Mr. Bond never offered to show it to me, and I felt uncomfortable with the officer’s insistance that the dogs are “vicious and dangerous,” and didn’t want to get into any conflict with him. Also, I sensed that someone was eavesdropping atop the stairway landing. Some days later, I emailed Huerta and requested he send me a copy of the video, or a link to it, per my eviction attorney’s suggestion. But he never did, never got back to me in any way.
– Plaintiff never approached me at any time to show me proof of injury. The summons came out of the blue about ten months later.
– Another claim is that the plaintiff had to get rabies shots. But the building manager texted me the same day as the alleged bite, asking if the dogs have received their shots. So I texted him back a few minutes later, with snapshots of the papers and the rabies tags, to show that their vaccinations are up to date. I presumed, then, the manager informed the plaintiff regarding this matter. The plaintiff could have also asked me himself, for proof…or have a friend do that, or the doctor who allegedly gave him rabies shots. I don’t know the plaintiff personally, didn’t even know he is (or was) a resident in my building. So I had no idea how to contact him directly, thus the responsibility to show him proof of vaccination was the manager’s. I want to point out here:
Regardless of whether or not the plaintiff was bitten, it is the right of the building manager (or anyone else for that matter) to ask for proof that the dogs have been vaccinated, and the shots are up to date. So my presenting this proof is not an admission on my part, that the plaintiff was actually attacked by either dog.
– In describing the alleged attack, plaintiff’s description that one of the dogs “ripped off his shoe” is a gross exaggeration of what possibly occurred. For he wasn’t wearing any shoes: they were cheap slide slippers (or perhaps the thong type) that slip off easily. I can imagine the plaintiff stepping back and one of the slippers slid off…and the male pup (who loves to play with footwear) may have picked it up and flung it about.
– Plaintiff’s claim there were multiple attacks on other residents by these dogs, is simply untrue. Barking is definitely not the same as an attack. No one’s been attacked.
– Plaintiff’s claim that I was harboring the dogs illegally, because I live in a single room where pets are not allowed is also untrue. I was sitting the dogs two or three days a week in a pet friendly building for my homeless friend…with the tacit approval of the building manager. Dog sitting is not the same as having them live with me. This sitting went on for over a year and a half with no problems, until your plaintiff’s claim of being attacked and bitten. Had the manager told me he’s changed his mind, that I shouldn’t have the dogs visit me any more because it’s too frequent or whatever, I would’ve complied, though not be happy about it. But he never did.
– Plaintiff’s claim that he was left standing and bleeding, as I rushed the dogs out of the lobby. They had escaped my apartment because the door blew open from a strong breeze while I turned around to collect the poopy bags. Their leashes were on them by that time, and I rushed downstairs to find them standing around and barking at the plaintiff. As I bent over to pick up the leashes and hurry the pups outside so they’d stop barking, I quickly examined the plaintiff’s legs, ankles and feet (all were bare since he was wearing shorts) and saw no sign of a bite, nor blood, anywhere. One of his slippers was off his foot, lying nearby. Before I exited, I said, “Sorry they scared you.”
I want to point out here that the dogs are small, twenty-five pounds each, and are part dachshund with weak, small jaws to match. And that most people laugh should one or both dogs start barking at them, because their harmless nature is obvious. If a stranger tries to pet them, they’ll either back off and keep barking, or allow themselves to be touched. Here is my playlist of videos featuring these two dogs, that you have a better idea of their nature, size and harmlessness.
– Plaintiff’s claim that my rushing out like that was both oppressive and malicious. That is a subjective assumption, how does he know what I was thinking? I saw no harm done, figured he’s just being needlessly dramatic (as some people are), and departed.
– Claiming the dogs “possess a vicious nature” is another gross exaggeration. Besides, if either one actually DID bite a person, it would only have been a nip or two. They can’t even handle hard biscuits. Such small-dog incidents are usually resolved without blowing this up into a lawsuit…unless the “victim” sees an opportunity to collect considerable money by exaggerated claims and false witness.
– Plaintiff’s claim that I allow the dogs to roam freely through my building is blatantly untrue.
And here’s where the building manager comes in, as he has been hostile towards me long before this present debacle, and I suspect he’s been coaching the Plaintiff with misinformation of a malicious sort. Because the false accusation that I allow the dogs to run freely in this building could only have come from Mr. Bond. Maybe he even told the Plaintiff he does not have proof of the dogs’ vaccination (even though does) to get the ball rolling. Manager has accused me of letting the dogs roam freely in the building, several times, in spite of that being untrue. So that’s probably where the Plaintiff got the idea of making that one of his complaints against me.
The manager is rather old, and has been showing signs of senility for at least a few years by now. Numerous tenants have grievances against poor management for various reasons. IOW I am not the only resident being subjected to his erratic behavior. One resident attempted last year to start a tenants union because of this, but it went nowhere.
Back in February 2021, Mr. Bond taped a signed letter in an envelope to my door, declaring outrageous things about myself and the dogs, including prejudiced accusations against my homeless friend, who owns the dogs. He also was allowing teenage friends of a resident’s son (who shared the same apartment on my floor) to linger in my hallway for one, two, sometimes three, hours once or twice a week…and this went on for approximately three months. They hanged out just ten feet from my door, and almost right in front of the door of my neighbor across the hallway. They were very intimidating and refused to wear masks, thus possibly exposing all residents to COVID. I confronted the manager about allowing nonresident strangers to loiter in our building. He retorted, “They’re teenagers, what else would you expect from them?” I told them to get the police involved, this just has to stop.
Turned out he had arranged with the mother of this son, to allow her son and friends to linger in the hallway rather than gather in her apartment, due to the COVID rule of keeping a social distance. Thereby disregarding the safety of all other residents who had to walk by the teenagers, especially since they refused to wear masks! I continued dog sitting because I knew the dog bit accusation was false.
Because of the manager’s refusal to rectify this situation I sent a letter of complaint to the landlord, including my concern that he may be going senile, due to his poor judgment on this and other issues. The mother’s son also threatened to beat me up, for which I called the police who had a talk with mother and son, and I filed the incident with the SFPD. I also mailed a copy of my complaint to the landlord, to both the manager and the son’s mother. They retaliated two days after receiving that letter, by making a false complaint about one of my dog’s biting her son. Which did not happen, they could not prove it, I’m with the dogs all the time when I’m sitting them. That accusation went nowhere, and mother and son suddenly upped and moved from my building without any threat of eviction, because they probably had something to hide. My hunch is the son got involved with the wrong group who were using hard drugs and/or selling them.
So, as a result of my reporting to the landlord the manager’s erratic behavior and possible senility, I suspect he is trying to get back at me by coaching the plaintiff to start a lawsuit against me. For some of the wrongful complaints match perfectly, what the manager has accused me of, and finally slapped me with an eviction notice back in May 2022. Which the landlord’s attorney has dismissed on April 19th this year, after the landlord sat on the case for almost ten months, against both the wishes of his own attorney, and mine (an eviction attorney at Bay Area Legal Aid).
If you’d like to see my documents regarding Mr. Bond’s untoward behavior (including that nasty letter he taped to my door, and my letter of complaint to the landlord), and other evidence around the dog issue, my eviction attorney has them all on file. I’d be more than happy to ask her to release them to you.
– The claim made by yourself, as the plaintiff’s attorney, that the landlord “was also negligent in that he failed to post a sign, take other measures to warn of the presence of a vicious dog,” strikes me as way over the top.
– There is also a subtle suggestion in the complaint form (under “General Allegations”) that I may be prejudiced against Asians. Else why bring up that the plaintiff hails from mainland China? That’s playing the race card. Personally, I think America’s rising bigotry against Asians is horrifically tragic.
WHAT ELSE YOU NEED TO KNOW
It is my philosophy (based on the Buddhist tenet that we have no enemies, only teachers) to never allow anger or any other negative emotion to control your world. (I want to point out here that you can find such a wholesome concept in other belief systems as well, including Humanism.)
For this reason I don’t seek retribution towards anyone, including the plaintiff or the building manager…but only wish for them to move in a more wholesome direction. As for Mr. Bond’s advanced age (he can barely walk after an almost two-month recent stint in the hospital) and possible senility: how can I be angry at someone who is a victim of a tragic consequence of aging? I only want to end the drama and the cruelty that has gone with it.
I have been a self-made activist and advocate on behalf of our LGBT homeless for more than thirty years. Proof of that is on my website, gay-bible.org, and my WordPress blog, zekeblog.wordpress.com. And I consider assisting my houseless friend and his lovely pups my current project, among several other activities. Rude confrontations, threats, hostility, sabotage and gossip come to me unbidden now and then, simply because I am a leftie activist, and our society has swung largely to the right, including a segment of our queer community. But I take it all in stride, per my philosophy described above.
Thank you for your thoughtful attention, Mr. Lucasio.
– Ezekiel J. Krahlin