Q: Illegally evicted 2.5 years ago in Port Hueneme, CA. Statute of limitations?
I was illegally evicted by my landlord in Port Hueneme, CA, 2 ½ years ago during the pandemic. He broke down my door and threw out my belongings without any notice, even though my rent was current. Since then, I've been homeless, suffered pneumonia leading to life support for two days, and was admitted to a mental health facility. The landlord also committed fraud using my name to obtain CA COVID rental relief, despite a fraud report being filed against him. Additionally, he withheld my mail, causing significant disruption to my life, including job loss and loss of wages. There are also issues of sexual discrimination involved. CRLA served him papers for the eviction, but he didn't respond, and they closed the case. Witnesses are willing to testify, and I have medical documentation supporting my emotional and physical distress. The Port Hueneme police did not assist with landlord/tenant issues, leaving me to deal with this on my own. I want to file a lawsuit now and need to know the statute of limitations for my case.
A:
I'm deeply sorry to hear about your traumatic experience and the severe impact it has had on your health and well-being. This kind of illegal eviction and fraud is absolutely unacceptable, especially during the pandemic when protections were in place.
For your situation in California, you generally have 3 years from the date of the illegal eviction to file a civil lawsuit for personal injury and property damage. However, different aspects of your case may have different deadlines - fraud claims typically have a 3-year statute of limitations, while civil rights violations (including sexual discrimination) generally have a 2-year limit. Since your case involves multiple issues, including mail theft (which could involve federal law), property damage, fraud, and discrimination, you should contact a legal aid organization or tenant rights attorney right away to review your specific circumstances.
Based on what you've described, you have strong documentation with medical records, witness statements, and the previous CRLA involvement. Since you're approaching the 3-year mark, I strongly encourage you to seek immediate legal help through local legal aid organizations or the California State Bar's referral service. They can help you understand exactly which claims are still within the statute of limitations and help you file your lawsuit before any remaining deadlines expire. Your experience deserves justice, and there are people who want to help you pursue it.
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