Stanislaus County California Landlord looking for $500 to turn on Water for Tenants workers using New York Case Law http://goo.gl/rMcC1 http://tiny.cc/b1mcsw

---------- Forwarded message ----------
From: guy perea <guyperea1@gmail.com>
Date: Mon, 18 Feb 2013 19:11:08 +0800
Subject: Stanislaus County California Landlord looking for $500 to
turn on Water for Tenants workers using New York Case Law
To: jiki283mofo@post.wordpress.com

Diane Pilchen (¡°Pilchen¡± or¡°plaintiff¡±) brought an action against
defendant City of Auburn seeking declaratoryand injunctive relief,
along with damages, resulting from the termination of water service to
her residence and the subsequent denial by the City of water service
under her name. Pilchen has moved for
Case 5:08-cv-01064-DNH-ATB Document 30
Filed 08/05/10 Page 2 of 23
partial summary judgment pursuant to Rule 56(a) of the Federal Rules
of Civil Procedure, seeking a declaratory judgment on her three causes
of action and a determination that defendant is liable to her for
damages. Defendant filed a cross motion seeking summary judgment
pursuantto Rule 56(b) of the Fed. R. Civ. P., but failed to submit a
Statementof Material Facts with the motion as required by Local Rule
7.1(a)(3).Oral argument was heard on January22, 2010, in Utica, N.Y.
and decision was reserved. II. FACTS The defendant (the nonmovant
partyhere), did not controvert any of the material facts set forth by
the plaintiff (the movant), in plaintiff¡¯s Statement of Material
Facts, therefore the undisputed facts as stated by the movant have
been admitted and utilized to consider the motion and cross-motions of
the parties. See L.R. 7.1(a)(3). In 2007, the City revamped its
procedure for handlingdelinquent water and sewer service accounts.
Rather than adding delinquent water charges to the property tax bill
of the owner at year-end as had been its traditional practice, the
City elected to institute new procedures to improvethe speed of
collecting quarterly water service bills. The new processwhich began
on July 1, 2007, called for a notice to be sent to theowner once a
quarterly water payment was thirty days past due. If the account
reached sixty days delinquent, a notice would be mailedto the owner
warning that the waterwould be turned off in ten days if the
delinquency was not cured. Simultaneously, a notice would be affixed
to the premises advising occupants the water service was in danger of
being disconnected in tendays. The notice posted at the affected
building did not provide theoccupant with an opportunity to a hearing
prior to the service being disconnected. The City shortened the time
frame for this process in May, 2008, mailing the first notice twenty
days after the
- 2 -
Case 5:08-cv-01064-DNH-ATB Document 30
Filed 08/05/10 Page 3 of 23
quarterly bill became overdue, and sending the termination warning
after forty days of delinquency, with disconnection of service
possible ten days later. The notice posted at the property did not
change. Plaintiff rented a home located at 12 Elm Street in Auburn,New
York, and in 2008, she had resided there for a period of two years.
Pilchen¡¯s monthly rental payments covered not only use of the
residence, but also water service, with the landlord responsible for
the payment of the water bills. The City mailed quarterly water bills
for the Elm Street property to the landlord at her Florida address
during 2008. The Florida-based landlord apparently failed to make her
required payments to the City of Auburn for water service at the Elm
Street property. On April 15, 2008,the City sent a certified letter to
the landlord, informing her the water to 12 Elm Street would be turned
off in ten days if payment was not received prior to the deadline.
Plaintiff, as the tenant, was not notified of the impending water
disconnection by defendant. Defendant turned off water service to 12
Elm Street on April 30 and assessed a fee of $50 to the landlord¡¯s
account. Pilchen went to the office of the water department on May 2
requesting water service be restored to her home, but the City refused
to reconnect unless the delinquency was satisfied. Plaintiff paid $300
toward her landlord¡¯s arrearage and the City reinstated water service
to her home, assessing a$50 reinstatement fee to the wateraccount.
Subsequent to the payment made by Pilchen, on May 30, 2008, the City
mailed another notice of termination to their customer in Florida
stating that sheowed $578.35 for water service to the Pilchen
residence. Once again, the City did not notify the plaintiff that
water to her home was in danger of being turned off. A common practice
in small local areas to take money from tenants using work excuse to
shut off water to petition the government for settlement in case law.

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Guy Ralph Perea Sr President of The United States
Weatherdata1046am0426 a Discussion Group of
Weatherdata<http://groups.google.com/group/weatherdata1046am0426>
USFMSC
http://www.cityfreq.com/ca/avalon/>
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OCCUPS
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goldlandabstracts; link check
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States International Policies
http://apps.facebook.com/faceblogged/?uid=1340855784
http://lnk.ms/8d5gl aol
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http://cmt1.blogspot.com
http://twitter.com/guyperea
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Commission<http://columbiabroadcast.spaces.live.com/>

Ambassador Chevy Chase; Kevin Corcran; Jack Nickolas; Cher; Shirley Temple
Black; Liza Minnille; Ansari; Ernest Tascoe; Food, Drug and Cosmetic Act
Agent Jodie Foster; Department of Veterans Affairs Director George H.W. Bush
Title 22 USCS section 1928 (b) The e-mail
transmission may contain legally privileged information that
is intended only for the individual or entity recipient, you are hereby,
notified that any disclosure, copying, distribution, or reliance upon the
contents of this E-mail is strictly prohibited. If you have received this
E-mail transmission in error, please reply to the sender, so arrangements
can be made for proper delivery. Title 42
USCS section 192 etseq Margie Paxton Chief of Childrens Bureau
Director of The United States Department of Human Services; Defendant
Article IV General Provisions Section 2
(Supreme Law of The Land) The Constitution of The United States "Any thing
in The Constitution or Laws of any State to the Contrary Notwithstanding"
Contrary to Law (of an act or omission) illegal;
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