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California Law Question

Txmason

Registered User
Bros.

Howdy!

Allow me to introduce myself I am Bro. Jerry Johnston, from Montgomery, Texas.

I have an aunt (my dad's sister) who lives in Manteca. Recently her daughter, husband and two kids, five animals
moved into her house with her other daughter. It is causing her undue stress given her various medical conditions (COPD,
Macemaker etc.). The reason they moved in was they couldn't pay their rent and plus my aunt gets to see her grand kids all the time. And they do pay rent.

My question is, is there anything in the California Penal Code that can be used to get them out of her house? Not only is the air bad in CA, I am afraid all of the stress living with so many people will kill her. Even her daughter that lives there has to take anti anxiety pills that she had never taken before.

I would be grateful for any help or advice you brothers could offer.

Best,
Bro. Jerry Johnston
 

MarkR

Premium Member
Since no one from California has answered, I'll take a shot. When you say "penal code," you're talking about criminal law. Unless there is actual domestic abuse occurring, criminal law is not involved in a situation like this.

It's not clear from your post; does your aunt want them out? If she doesn't, there's nothing anyone can do. If she does, and they won't leave at her request, she'll most likely have to do a formal eviction proceedings to get rid of them. They have the same standing any other tenant has, and that is the right to a hearing before being forcibly removed. Law enforcement cannot legally force them to leave absent an eviction order (at least in most states that I'm familiar with.) I'm a retired cop, and currently a professor of law enforcement, so I'm at least somewhat conversant with these things, with the caveat that I know pretty much nothing about California law.
 

BryanMaloney

Premium Member
In the USA, we still operate under the premise that adults are allowed to be adults. There is (not yet) a full nanny state approach taken by the law. If a sane adult wants to do something foolish and self-destructive, so long as minors are not "at risk" (in the "call in DCS and have the kids yanked into foster care"), there is no theft, fraud, assault, unlawful restraint, or other actual criminal activity, there is no explicit health/building code violation, the sane adult is permitted by law to do this. Now, one could make complaints to the local Department of Child Services, local Health Inspector, etc., and they could send people around to harass--I mean "investigate" until the stress becomes so much that the whole household disintegrates or the aunt has a fatal heart attack from the attempts to "help". One could attempt to have the aunt declared mentally incompetent and be appointed said aunt's guardian, most likely against her wishes.

In the USA it is still legal (for the moment) for adults to make adult decisions (at least some of the time). One can't (yet) use the law as ones personal strongarms (most of the time) to enforce ones will on someone else even "for their own good". The world of Demolition Man may be coming, but it's not here today.
 
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