Mr Elias's two sons, both under 30, seek to throw their dad out of the house they lived in all their lives; because the squandered the $1 million they took from him when their mom died of Fen Phen.
After losing my business empire to bandits who abused both the legal profession, the law, their oaths and our systems of justice; I became severally disheartened. At that time I had a choice, give up, venegence or fight.
The Senior Elias is 76 years old, has suffered through cancer, has a heart fibulator sown onto his chest, is a diabetic and has a breathing apparatus at his home and mobile. He had chosen to give up. In court just recently, the judge said the kids are wrong - Senior does have ownership in the house; but that is an issue for another court (Quiet Title action).
Because the one son is now on Deed as owner -- (though speciously);
the court must evict the father!
After the kids squandered over $1 million dollars - they bogusly transferred the Deed out of the Trust to one brother; and then succeeded in an eviction - until I moved in to assit Jan 4 2010.
Looking inside my soul and experiences; I had to face the reality that I am far from perfect. One of my qualities (especially to my enemies)is my naive willingness to accept everyone at their word. After my own partner of 12 years yelled at me for not taking a bribe and robbed me; I decided to draw a line in the sand and fight the next person who believed this guy was an easy target.
This led me to a war with giants. Bain, Mitt Romney, Goldman Sachs and the US Trustee's office became my enemies. Not only am I facing Goliath; I am an amoeba in the field yelling at David to fight a horde of Giant Evil Doers. It is hard for any single John Q Public, in punity; to have any hope of defeating powerful elites - protected by rogue elements within big gov.
What I needed is a battle one believes one can win - in order to restore Hope!
So I moved in Mr. Elias's house to help him no longer fear physical and mental abuse from his sons.
Mr.Elias's sons did previously and cruelly throw him out of his house after his wife died and forced him to settle by faking a will that was never produced in court; but Elias Sr believed was real. He also deathly feared his large sons; as the older one threatened to pull the tube out of his mom's chest (for heart medicine) - unless she gave him some cash from the Fen Phen settlements
When I helped Sr learn that the kids had violated CA Probate law (specifically 6500) that grants the surviving spouse 60 days of quiet time in the house, litigation free, in order to get all affairs in order. Senior was astonished. He had paid an attorney $50,000 - who never revealed that fact to him. The counsel had lied to get the case, stating he was a Probate professional; only to later confess he had never worked a probate case Ever!
We took Mr. Elias went to the Senior Centers and libraries and learned his rights; where he then submitted a motion for reconsideration pointing out the erroneous statements of his son.
The child panicked soooo much, he begged us not to prosecute him for fraud and said he would testify against his brother. Fearing he would get caught for Perjury; he dismissed the case. But then took $90,000 from his brother to transfer Deed/Title.
Then he made his brother Trustee and they began to seek eviction again; while we were trying to remove them both for their bad faith dealings. CA Probate Code has many sections that forbid self dealing by a family member Trustee (CA Prob C 16000 to 16004); specifically in Real Estate and/or securities.
We went to court over 20 times, without any attorney, because they kids took the only asset Mr. Elias could fund a good counsel with - the equity he worked for in the movie industry union for 40 years. The Court granted Elder/Senior abuse against the original Trustee son - but only granted physical abuse restraining order against the older, scheming, son who was now the Trustee.
How the Court could rule that there is no mental abuse when your own sons' are trying to throw you out on the streets is beyond common sense!
The eviction Court Ordered the eviction - and said we should get an attorney. Even though I had taken the case for free. Many thought such was odd and Senior's own brother insisted on a deal. So I agreed to 10% if he rec'd his equity back. The one month case has turned into over 1 year and I have given Senior monies for transcripts, court/recorder fees and to keep his car going. He owes me over $7300.
When I gave him money each time, I knew it was gone. But someone had to fight these rotten apples. Had it occured to me it would have been so much and took me from other work - I would have just given it to an attorney in the beginning.
A Christmas miracle transpired. Though Senior was to be evicted before the very day; the local Sheriff had witnessed the judge asking the son if it would be O K to give Sr time to move. The son responded cruelly and yelled Hell No - I want him out today.
We thank the brat for revealing his true character. As a result the Sheriff did not give Senior the eviction notice until Thursday - with a lock out date of Wed Dec 29. Word got out about the case and we now have a dear sweet attorney (Dionne Mateos); who has taken the case on and swears she will plead arduously for Senior Elias.
What amazes me even more than this case - is the fact that there are countless number of Codes/Rules of Probate Law to address the greed of family members carving up each other on this Holiday.
Thus far Mr. Elias has won battles - such as receiving 2 permanent 3 year Restraining Orders against his sons for physical abuse;
But if he loses his house - he will have lost the War!
What is absolutely amazing - despite all the Codes and Rules of Law to protect Senior Citizens; one has to nearly arrest an officer to force them to take a look at the case. It happens soooo often; they only seek to help when there is evidence of physical abuse.
What I have seen now in this case and another case I will report on in the weeks to come; is that fraility is such an issue with senior citizens; all bad faith greedy family members need do is Threats. Here the kids eviction threats work - because they succeeded before. Their physical abuse was succeeding; until I moved my big frame in. Though the court can clearly see what is going on; it is as if they decided they don't like the old man and love to see thieves and greed win. There has been No Justice in this case and it may never occur!