Mathews Street America | Case Updates

March 22, 2023 Wrongful Foreclosure Tort - Civil Complaint filed

March 7, 2023 We remain peacefully in lawful possession of our home, and will continue to defend our rights, the truth and a just remedy to wrongs suffered, to the fullest extent of the law.

3/7/2023

For clarity: we have ONLY ONE ACTIVE CASE at this time --- the "eviction action" in which Renee Ramos Yamagishi is the named defendant and appellant, Homeowner Peacably Remaining in Lawful Possession, as the controversy continues in just this single case, in an administrative eviction court designed originally for landlord-tenant matters, since October 2019 when the complaint was filed.

Homeowner has NOT YET FILED an action in the proper classification of the court system, against several potential defendants -- not for lack of grave injuries caused by their knowing and deliberate obstruction of homeowner's right to REDEEM by unconditional tender of full payoff which they REJECTED; but for several strategic reasons. Additionally, "UD Courts" don't allow Cross Complaints filed by defendants. In either case and before any court, our stance is that the foreclosure auction sale itself was and is void by operation of law.

See "Right Here at Home" page above for background history.

See recent blog post HERE.

January 11, 2023 Appellate Panel of the limited division of county court denied our appeal and denied rehearing, upholding summary judgement of the trial court to enforce a writ of eviction. IN THE APPEAL WE PLED VOID ASSIGNMENT and PLED NOTHING OF HOMEOWNER'S REDEMPTION WILLFULLY OBSTRUCTED. Because this "limited case unlawful detainer" proceeding lacks capacity to try that complex title issue -- it belongs in a higher court. In the trial court this self-represented homeowner pled ONLY Lack of Subject Matter Jurisdiction, offering some factual background for informational context illustration only.

The limitations built-into the "limited classfication" defined by both unconstitutional statutes passed in California legislature and in practice in the courts themselves, for administering eviction cases against California homeowners certainly do show up with unacceptable limits. We petition to higher authorities.

December 12, 2022 Pending is our Petition for Rehearing in Appellate Division of the Alameda County Superior Court, Limited Classification of cases "unlawful detainer court." A county-wide moratorium on evictions remains in place for tenants who are my housemates here so there is no immediate threat of dispossession.