My Go-To-The-Back-Of-The-Bus Moment
Published March 17, 2006
While taking my former Altadena landlord to court, I had a go-to-the-back-of-the-bus moment in court, compliments of the judge pro tem.
Now in my short lifetime, I've had other such moments such as when people compliment me on my spoken English, or when I was refused service at a bus station in Santa Barbara, or the waitperson or sales associate was much more concerned with helping a white person. Being Asian American isn't that bad, but it isn't the same as being white.
But in small claims court, in an area that has a healthy Asian American population, I guess those moments come as something of a surprise. In the San Gabriel Valley, there are cities where the majority of the population are Asian American. Still, we are very much a minority in Los Angeles County where we account for only 11 to 12 percent of the population. When you consider that Asian American covers ethnic groups from Afghanistan to Japan, you see that doesn't really mean much.
This was my second time in small claims court. The judge pro tem the first time around suggested I go home, label all the documents and photos (you know, like on TV with exhibit 1, etc.), and add retaliatory eviction.
My former landlord had made verbal and written promises, but I couldn't even prove the written ones because he had refused to give me a copy of the lease agreement. Almost two years later, I was being evicted because he had refused to fix the plumbing for over a year and I had finally hired a plumber and deducted the amount from rent. I knew that he wasn't treating the other residents like this, at least the ones who were white. I have to admit, he was treating the non-English speaking Latinos worse.
So he gave me a 60-day notice. I had the place inspected and as I thought, he was in violation of four codes — even with the plumbing fixed.
The night before, I had feverishly worked to produce a coherent argument with everything labeled, just as the first judge, a woman, had requested.
This time around, just as the last time, I was the first case on the list. After the court clerk called roll and identified the uncontested cases, I was called up by the judge, just as before. The judge, a white male, immediately told me to sit back down. He announced that he didn't want to make the other people wait and called up the uncontested cases up first. All except one — the one where the plaintiff was a black woman sitting with three black men.
- My Go-To-The-Back-Of-The-Bus Moment
- Published: March 17, 2006
- Type: Opinion
- Section: Politics
- Filed Under: Culture: Society, Politics: Law and Rights
- Writer: Purple Tigress
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Comments on this articleComments
I'm not sure what treatment you're talking about.
The first judge told me to come back with a detailed list and the exhibits all labeled. When the landlord attempted to get it dismissed because the agreement was old, the first judge corrected him.
The first judge asked me to get up and didn't mind allowing the other people to wait because it gave the other party a chance to arrive.
The second judge asked me to get up and when he saw who I was, told me to sit back down. He then took every uncontested case except the one with the black woman. I think her given name suggested she might be black. Why did he make her wait?
I was no longer living in the building and if you recall, my landlord was cited by the county. For a citation, first I write a letter, then the country writes a letter regarding the circumstances and asked the landlord to correct and then the tenant must ask the county to send an inspector after the period is up.
He was cited for all four things by the county and if I had waited he could have been cited for the plumbing problems as well. That means despite my requests and his promises to fix them before I contacted the county, I had to live with these conditions. And after he knew I contacted the county, do you think things got better for me? Of course, not they got worse.
My landlord fixed the plumbing for the white people in this gated community. He had in the past refused to fix plumbing for a black woman according to some of the other tenants. That black woman was gone before I moved in. So while the plumbing was fixed within a month for the white lady across the way, I waited a year before I fixed it with my own money. I was asked to leave right after I repaired the plumbing and deducted. The rent was also increased when I asked for other repairs. Such actions after repair-and-deduct remedies are illegal as is withholding the rental agreement.
The important point about the judge was that he asked me to get up and my name is not obviously Asian. Then he told me to sit down. Before I even opened my mouth, knowing that the defendent was white. Then he took all the white people obstensibly because he changed his mind and wanted to take the uncontested cases first and made me wait. He refused to take the black woman and made her wait. Even though her case was uncontested.
He did not want to see my documents and labeled exhibits. He did not correct my landlord when my landlord contradicted himself with each new lie. He let them stand and wasn't interested in seeing proof that he was lying.
And because I believe racism was involved, I do not believe that I could get a fair judgment. I do not believe she got a fair judgment either.
If you don't think that is racist, then I feel very sorry for you and your tenants.
Also, I had paid rent. I did not receive my deposit back nor any explanation within the required time. I was not allowed to ask for these in court.
My landlord attempted to scare me away from the court by claiming I owed him money by pretending I hadn't paid him for the last two months. Luckily, I had copies of those checks.
I paid the rent minus the increase because the $50 increase wasn't legal and no repairs had been made by him for over a year and he hadn't fulfilled the terms of our agreement (which at the time I wasn't even sure was in writing). To get a copy of the rental agreement, I had to have a lawyer request it.
Who sounds like a scumbag?
Why is a personal rent dispute stretched out of proportion be applied to the 'racial' context? If it is the racial issue you are discussing, then the merits of your case have no relevance, if it's the other way around, etc.
Sorry you had a bad experience both ways, though - it's hard to deal with either way:)
Because I wasn't clear about the first comment: if the reference was about how the landlord treated me or how the judge treated me and the other woman.
The first comment seemed to insinuate I wasn't paying rent and wanted to stay rent free and this was the reason the judge treated me this way.
I'm not saying you didn't pay your rent. I'm saying there are so many people doing that in the system that you get lumped in with them. Could be your area is totally different from mine though.
Add your comment, speak your mind
(Or ping: http://blogcritics.org/mt/tb/45153)
What makes you think this treatment had anything to do with race? I am a landlord and I know lots of property managers. Most tenants that drag lease agreements to court are total scumbags who are trying to extend the amount of time they can live in a building without paying rent for as long as possible.
Even if you have an honest complaint you are likely to get lumped in with the other freeloaders.