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Lawsuit Filed To Stop Eviction Of 97-Year Old CA Woman
Topic Started: Feb 27 2016, 03:00 AM (25 Views)
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MSN News: Lawsuit filed to stop eviction of 97-year-old Burlingame woman

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Lawyers for a 97-year-old woman threatened with eviction from her Burlingame home of 66 years filed a lawsuit Friday on her behalf, contending she was promised lifetime tenancy in the residence by a succession of landlords, and that the unwritten agreement should be honored.

The suit filed for Marie Hatch in San Mateo County Superior Court contends breach of contract, elder abuse and intentional infliction of emotional distress.

"I just thought it was a joke,"€ said Hatch, who was bedridden Friday with a severe cold. "That young man wants to sell this house and get all this money, and he doesn't even need it."

Hatch, who is fighting cancer, was given a 60-day order earlier this month to vacate the cottage she has lived in for more than 6½ decades. She and several others have said that the landlord in 1950, Vivian Kruse, told her she could live in the house for life -- €”as did Kruse'€™s daughter and granddaughter.

The problem came in 2006 when the granddaughter was killed by a boyfriend. Her estranged husband, David Kantz, took over the property and contends that his wife'€™s trust mandates that the house be sold before the end of the year, and the proceeds turned over to their two sons.

Kantz told The Chronicle he "felt bad"€ about having to evict Hatch, and said he has been working on ways for the property sale to be settled so that Hatch either stays put or can peacefully move somewhere else.

He told The Chronicle a week ago that he knew of the agreement Hatch had with his wife and her relatives, but that such a promise was not in her will, and thus is not enforceable. He and his lawyer did not respond to calls or emails Friday.

Hatch and her friend and roommate of 32 years, 85-year-old Georgia Rothrock, have said they have nowhere to go if they are evicted. They live on Social Security, and much of their income goes to the $900 monthly rent. Kantz said he can sell the house, which was paid off long ago, for more than $1 million.

The law firm of Cotchett, Pitre & McCarthy filed the suit, and lawyer Nancy Fineman called the eviction order "€œdespicable." "€œThis is one of the most outrageous acts of greed against the elderly that I'€™ve seen in my almost 30 years of being a lawyer," €Fineman said. "Oral contracts are just as enforceable as a written contract."

Rothrock said the eviction notice she and Hatch received "was a shock to say the least." "When you're low or middle income in a community as affluent as Burlingame combined with Hillsborough, you sort of get lost in the shuffle," Rothrock said.

In the week since The Chronicle broke the story of Hatch'€™s dilemma, hundreds of emails have poured into the newspaper from around the world offering support for Hatch. Dozens of people from many states, including Ohio and Kentucky, and from as far away as New Zealand, offered to have her come live with them, as did people from all over California.

Others offered to buy the house and let her live in it, and some have been trying to work out amicable deals with the landlord so that both parties can come away satisfied.

But Hatch'€™s pro bono attorneys, Fineman and Nanci Nishimura, said many of the offers were uncertain or filled with undesirable caveats, such as requiring the two women to move out in one year. And Hatch, who is prone to agoraphobia --€” an anxiety over leaving her home --€” said she wants to live out the rest of her years in the cottage.

Cheryl Graczewski, who lives next door to Hatch and has been helping her and Rothrock resist the eviction order, said she was bringing social workers to the home on Monday. Graczewski was also served with an eviction order by Kantz, who owns her house, too, and she was in the final process of moving out on Friday.

"There are lots of good souls out there,"€ she said of the outpouring of offers to help her friends. "€œI wanted the social workers to come over to talk at least to Georgia about long-term options. Wait lists for senior housing can be very long, and she will probably need assistance in future years."

Graczewski said her new home is nearby, and she will be keeping in close touch with Hatch.

"I think she's still sort of in disbelief,"€ she said of her elderly friend coping with the eviction notice. "We were all concerned about how it would affect her health.
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