APPEAL

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#Mobasser v LASC; Wolf & Associates RPI APP-151, items 10d and 13b(2)

DECLARATION OF AFSANEH MOBASSER WITH EXHIBITS
IN SUPPORT OF
PETITION FOR WRIT (Limited Civil Case)

I, Afsaneh Mobasser, declare:

1. I am permanently disabled, and am the Petitioner and the tenant Defendant in the limited unlawful detainer action entitled Wolf & Associates v. Afsaneh Mobasser (LASC Case No.12U00223) now pending before Hon. Leslie E. Brown, Department 6, in the Beverly Hills Courthouse.  In this unlawful detainer case, the judgment for possession in favor of the landlord was entered on January 14, 2013. If called as a witness I could and would testify to the following from my own personal knowledge.

2. On Monday, January 21, 2013, the Sheriff posted an eviction notice on the door to my home, an apartment that I have lived in for more than seventeen years. The “lock-out” date is stated to be January 26, 2013. The apartment is rent-restricted by the City of Los Angeles.

3. I have attached true and correct copies of the following documents:
Exhibit 1 – Ex Parte Application for Stay of Execution of Judgment or For Order
       Shortening Time [filed 1/18/13]
Exhibit 2 – Case Summary [partial]
Exhibit 3 -- Cover Page of Untimely Facsimile Service [filed 1/23/13]
Exhibit 4 – Opposition to Defendant Afsaneh Mobasser’s Ex Parte Application for Stay  
       of Enforcement Pending Appeal
Exhibit 5 – Letters Read to the Court at today’s hearing on motion

            4. The judgment after trial by court is based upon a Statement of Decision that found I did not remove all of the plants on the balcony of my apartment within 72 hours of receiving a Notice to Cure. Although there is no prohibition in the building against tenants maintaining plants, the Landlord claimed I created a nuisance by ‘overwatering the plants.’ According to my attorney’s motion for Judgment on the Pleadings, the 3 day notice was legally defective by creating a remedy disproportionate to alleged violation – overwatering, which could, by limiting watering, “cure”
any alleged breach. The trial court’s sustaining an action on such a notice is an issue I wish to raise on appeal, and believe that all the tenants in rent restricted housing that permits plants on balconies could be subject to defective evictions as a financial incentive for landlords like the Plaintiffs, Wolf & Associates.

5. There is the trial court’s denial of my constitutional right to jury trial, which is another issue I want to raise on appeal, as I assert there was an improper denial under the circumstances. My attorney admitted it was his mistake that jury fees were not deposited or included in the fee waiver he had assumed did so. The denial of relief from this mistake resulted in the improper denial of my constitutional right, I submit.
Mobasser v LASC; Wolf & Associates RPI APP-151, items 10d and 13b(2)

DECLARATION OF AFSANEH MOBASSER WITH EXHIBITS

6. My attorney of record, Edward Sands, Esq., has abandoned me right before the eviction without having either been substituted by me or by permission by the trial court. In fact, although I filed recent papers in my own name because he forced me to, the court has still been sending him all notices and papers, acknowledging that he is still attorney of record at this crucial time.

7. If I am evicted, I will suffer serious physical and psychological damage according to the declarations of my medical providers that I attached to the motion for stay. Also, if I am evicted before my appeal can be decided, even if I succeed in any of my claims of reversible error, I will have lost my home forever and the ‘right to appeal’ is made meaningless.

8. On Friday, January 18, 2013, my attorney was present in the courtroom with me for the hearing noticed by telephone the day before. The Court, by Clerk, asked the parties to pick a return date. Due to the urgency, I asked for the following Monday and was told it was a court holiday, so I asked for the next court day, which was Tuesday, January 22, 2013. The attorney representing the landlord, one of Mr. Brennan’s associates, first agreed to return for hearing on Tuesday, January 22. When my attorney Mr. Sands heard that we agreed for Tuesday, he came over to the Clerk where the landlord’s attorney and I had informed the Clerk of the agreed date, and Mr. Sands announced, “They have to have time to file an Opposition, it has to be later.” The landlord’s attorney, at Mr. Sands’ cue, then said, “Oh, I can’t appear on Tuesday, we’ll have to make it Thursday, January 24, 2013.” I then asked that attorney for his card, Mr. Sands interrupted and said to the attorney, “You’re not going to be here, Mr. Brennan will be coming to argue.” The attorney withdrew his hand from his coat and said, “I don’t have any more cards.” So my attorney, with the eviction deadline fast approaching, assisted the landlord’s attorney in both delaying the hearing and for more time to prepare a voluminous reply, after which he totally abandoned me. He advocated for the opposition and violated Rule 3-700(A)(2) of the Rules of Professional Conduct.

9. As we were listening to the Clerk tell us the dates and times for the filing and service of the Opposition and my Reply, the Clerk informed us that the Opposition by the landlord would have to be filed and served by email to me no later than 1:30pm on Wednesday, January 23, the day before the hearing, and that my reply could be filed and served at 8:30am, Thursday, January 24, the morning of the scheduled hearing on my motion for stay pending appeal.






Mobasser v LASC; Wolf & Associates RPI APP-151, items 10d and 13b(2)

DECLARATION OF AFSANEH MOBASSER WITH EXHIBITS



10. The landlord’s attorney asked me for my email address for service and I spelled out my name/email address, which I saw him write down correctly as I dictated it (afsaneh@rocketmail.com). When the clerk asked, I agreed to be served by email, but the opposing refused to accept any service from my side by email.

11. At approximately 1:40pm on Wednesday, January 23, I check my email inbox and found nothing from Brennan’s office, so I called and talked to Harrison, he said he will call me back. I then called the Clerk in Department 6 and was informed that an Opposition had been filed with a proof of service. I asked her to read to me how it was served, and she said it showed that it was by email. Throughout the afternoon I repeatedly called Brennan’s office and was told the message (I did not get the Opposition) would be given to Mr. Brennan. Not until 6:00pm on the evening before the morning hearing did the landlord’s attorney offer to “fax just the Opposition, but not any of the Exhibits.” I told him I did not have a fax and why was I not served via email all these many hours.  He said do you want it faxed or not?  I said I will borrow my neighbor’s fax and received only 15 pages of the Opposition, five hours late. I sent it to my attorney for his review before he and I appeared the next morning.

12. On the following day, Thursday, January 24, at 7:45am, my attorney Mr. Sands called me and said he was not coming to court and that I should argue and tell the court about the failure to serve me per the Court’s ruling. I asked him to come to represent me, and he refused, knowing the eviction is scheduled for Saturday.

13. I went to court, was by myself, and Mr. Brennan approached me and handed me a huge stack of papers, which was the Opposition with multiple exhibits that I had not received as ordered. Mr. Brennan claimed there was no court order for service to me! I called Mr. Sands and asked him to come to court but he said that he had heard from a second source that Judge Brown was furious with him for having filed the motion to disqualify judge Brown under my name, that Judge Brown believed he was the puppeteer, not having the guts to file the motion to disqualify himself, and he would be a red flag for the bull if he came to court. I asked the Clerk to see the Proof of Service that Margaret, a substitute clerk, had told me the day before said I was served via email. I told the clerk, Pat, I want to see the Proof of Service to see who swore the service was completed to me by 1:30pm through my email because it was not done, and believe that Mr. Brennan took a deliberate step to prejudice me and my attorney’s ability to write a reply to such a voluminous opposition. Mr. Brennan later claimed there was no order requiring him to serve me by 1:30pm even though that was the deadline for filing the opposition and the opposing attorney took down my email in front of two of Judge Brown’s clerks.







Mobasser v LASC; Wolf & Associates RPI APP-151, items 10d and 13b(2)

DECLARATION OF AFSANEH MOBASSER WITH EXHIBITS

14. When the Court called the case on Thursday, I told the Court about the landlord’s attorney’s violation of the briefing schedule and asked the Court to ignore the Opposition, particularly because there should be some sanction to the landlord who had submitted an untrue sworn Proof of Service. The Court said that it had read the Opposition and would give me until 3pm to prepare my reply (It was already 11am) and that would be the same amount of time given before, to which I replied that that would not be the same amount of time and ultimately the court gave until 8:30 the next morning. Immediately as I left the court, I called and asked Mr. Sands to prepare the reply to opposition and serve it when we appeared to argue the motion Friday morning. He refused. I sent him an email reminding him he could not stop representing me with such a deadline and without the Court’s permission because I still considered him my attorney, as did the Court by continuing to send all notices to him, not me. I also spoke by telephone with Mr. Sands three times on Thursday, pleading with him to prepare the reply and appear and argue the motion for stay because he was the one who advised me to file it and appeared with me to argue it when it was filed last Friday as an ex parte, but then abandoned me on Thursday and did not appear with me Friday morning. Pursuant to the provisions of C.C.P. 284, an attorney may be relieved from further representing the client either: (1) on the consent of both the client and the attorney, filed with the clerk or entered in the minutes; or (2) on order following noticed motion to the court for leave to withdraw. (Also see Rule 376, California Rules of Court.)
Neither has occurred, and the Court is still serving all notices to my attorney, and he appeared with me last Friday to present the motion for stay pending appeal.

15. There is no court reporter, so I am describing what occurred today at the hearing of my motion for a stay. This morning, when the Court called my case, Judge Brown said, “I did not get any reply from you.” I told the Court that my attorney had abandoned me and I asked the Court for a stay to either order Mr. Sands to represent me or to find another attorney. The Court then said, “This has gone on too long and the landlord wants the apartment,” and refused to grant a stay for me to get presentation.  I told the court that I am in disbelief that the court’s only concern is to rush the eviction and be mindful of landlord’s time and not give me an extra day to get an attorney when several of my doctors had declared that the fragile state of my mental and physical health would not survive an eviction and that I had observed other evicted tenant’s apartments take weeks to be renovated to be rented out, at which point the court got off the bench and took a few steps towards the chambers until I stopped talking and then came back.


Mobasser v LASC; Wolf & Associates RPI APP-151, items 10d and 13b(2)

DECLARATION OF AFSANEH MOBASSER WITH EXHIBITS




16. The Court then held up the proof of service from the appellate court’s denial of my writ, case number BS1413157 and declared its displeasure no matter what my excuse for filing it.

 I told the court that there has been a pattern of harassment for many years, for example, for 5 or 6 weeks, the ceiling over my living room was leaking water and each time I approached the management to please fix it, Ms. Rubaum would shout angrily and loudly MOVE, MOVE, MOVE, until the whole ceiling and a flood of water came down on my head (I already had a serious head injury caused when a construction truck hit me while crossing the street, I was thrown 8 feet up in the air and hit the ground with my head) and only then I called LAHD ( A pervious manage on the very last day she left told me about LAHD and that is how tenants finally got the management to fix their needed repairs.  When tenants ask Ms. Rubaum for repairs, she tells them to move if they don’t like it.)  The then manager told me that the eviction was retaliation because Ms. Rubaum believed I had called LAHD to inspect the whole building. I had not.

I told the court that all the plaintiff’s claims were false and fabrications and  I would like to respond to as many as the lies in the opposition, stated as facts, as the Court would allow, but the court said that it had already heard the case and would not allow me. I said that I only wish to point out a few of the obvious lies presented as facts in the opposition and read from the transcript of Ms. Daly where in two place she said that she did not believe the one broken ceramic pot that she had found after a wind storm had come from above, that is my apartment from my apartment.

Page 11 lines 19 and 20
but I don't know that it was from that
10:20:24 20 apartment.

Page 36 lines 10 to 12
I don't think it -- frankly, I don't
10:45:41 12 think it came from above.
10:45:42 13 Q. Okay.

Whereas,  in the three day notice signed by plaintiff herself she had declared,

“flower pots that have on several occasions dropped from the railing and smashed on the concrete below."

And even though, as your honor knows, plaintiff admitted on the stand that there was not but one pot that had been found broken on the backyard, still in the opposition as a matter fact plaintiff still claimed that several pots had fallen on Ms. Daly’s head! That they turned the one plant that was one of the several that belonged to the building and had fallen off the raised wall surrounding the small garden by wind, into an excuse to evict me and manipulate the court.  As I wanted to give another example I was interrupted and stopped by the Court many times. The Court said, “if you talk, I’m going to leave” and would get up from his chair and then when I stopped, he would sit down.  The Court said, “I’m here about 1176.” I responded that I should have the opportunity to address what I described as all the lies and fabrications that were presented in the Opposition to my 1176 motion stated as facts. Mr. Brennan, the landlord’s attorney, said that I was supposed to file the reply today and that I had time to do so. I told the Court that I relied on my attorney to do so, that I am not well, and even if I were, I am not an attorney. I argued that I showed extreme hardship by presenting to court 5 medical doctors, a physical therapist and a psychologist who have submitted declarations. I pointed out that Dr. Nikzad said that I am unable to move; not that it is difficult, not that it is inconvenient, I cannot move, and

Mobasser v LASC; Wolf & Associates RPI APP-151, items 10d and 13b(2)

DECLARATION OF AFSANEH MOBASSER WITH EXHIBITS

Dr. Goodarzi believes that I will have a heart attack if evicted because my heart rate beat is twice its normal rate and I have not been taking my medication as I was before and I have gained 18lbs in a short period of time recently while I am already obese. I said that none of these doctors are related to me as Mr. Brennan stated in the Opposition, and were all referred through Medicare because they take Medicare and are in the area, but for Dr. Goodarzi, who took over as the head of the department after Dr. Ricardo Aziz left Cedars Sinai to become the head of a hospital in another state, and I do not pay any of them directly so I am not influencing them inappropriately besides my files are available to court.  And I said that the plaintiff would present to court such an unsubstantiated and wild accusation is another indication of all the hearsay and lies presented to court as facts.  Having established extreme hardship, I showed there is no irreparable harm because I can pay all the rent and will remove all the plants today. I said, “Every single accusation of the Opposition is patently false.  All fabrications and hearsay. I am not re-trying the case. I just want to prove to the court that they are lying. I gave the example that on page 3 of the Opposition, line 9, it is written that plants fell on my neighbor Ms. Daly’s head and then referred to the Deposition of Ms. Daly where she testified that she heard a noise at four in morning and the next morning she saw one plant on the ground with a broken pot and that it was not from my balcony. I said, “Your honor knows that in the plaintiff’s testimony she admitted only one plant had fallen but she wrote that a number of plants had fallen (in the 3 day notice).” This was only one example of the exaggerated falsehoods in the Opposition that I wished to and could disprove.   That your honor knows that Mrs. Rubaum admitted that there were no several plants that had fallen and crashed as my attorney questioned why she put several when there was only one ever found broken on the ground, not being able to say I wrote that to manipulate the court, Ms. Rubaum said oh, I just wrote it that way, giving no explanation why she would.  I then said your honor the only the plaintiff and her witnesses were proven to have presented false testimony to the court.


17.  At this time the court told me that I am intelligent.  I thanked the court and the court said that he was not giving me a compliment just saying I am intelligent.

 Then I read from Rosalie Rubaum’s declaration, page 3, line 8, that’ “On one occasion, Ms. Mobasser was eating potato chips while waiting for the elevator. When another tenant (an elderly woman) said the chips looked good, Ms. Mobasser took the chips from her bag and began shoving them into the woman’s mouth.”  I asked the court what is this woman’s name? When did this happen? The building has security camera’s which record the entrance to the elevator ever since we moved to the building, where is the recording of this? I know I would keep such a recording if it existed. Where is the proof?  Where is the police report?  Where is the restraining order? Why was I allowed to live in the building for all these years and only, only when Mr. Wolf retires and Ms. Rubaum takes over the management, such wild hearsay accusations are made?  I said

Mobasser v LASC; Wolf & Associates RPI APP-151, items 10d and 13b(2)

DECLARATION OF AFSANEH MOBASSER WITH EXHIBITS

your honor, you just said I am an intelligent woman, why would an intelligent woman do such an irrational thing.


I explained that is not something I did, nor would ever do because that is not who I am.  I then referred to the declaration Dr. Nikzad, my psychologist, had written the night before at my weekly session, and read it to the Court, after handing Mr. Brennan a copy. It said that among other things, she has been treating me for a victim mentality and my inability to defend myself; that I do not have violent tendencies, and if I did, she would not be working with me each week in the evenings at her isolated office alone. I explained to the Court that I don’t touch food with unclean hands and put it in my mouth, in fact a week before at my session with Dr. Nikzad, when I got there she had eaten half a bag of popcorn and offered me the rest but I did not touch it, and the week before that because I was so unwell, Dr. Lieberman took a pill out of its seal and handed it to me and I asked him to give me another. That it boggles my mind where plaintiff conjures up such wild imagination.  I then mentioned that the night before Ms. Florence Flam, the eldest tenant in the building had come to me for some help, as she does whenever she needs help and I asked her to write a letter for me which I read to the court and showed the court the thank you cards that she leaves by my door.  I was concerned about her loss of weight and would buy her cake so she would eat because I know the elderly lose their appetite.  I said that I was concerned about her coughing and kept leaving messages for my doctor, doctor Goodarzi, to get referrals for good pulmonologists.   I said that when Fran read Ms. Rubaum’s letter she was so angry and worried that she insisted that I go to my next door neighbor, and ask him to come to testify at the hearing the next morning, because she knows I have very friendly relationship with all my neighboring tenants.  And I asked the court to allow me to bring declarations from every tenant in the building that I have very cordial, pleasant relationship with all.

18. As to the claim in the Opposition’s contention that Ms. Rubaum, the owner/manager was suffering a rise in her blood pressure and was anxious about my continuing tenancy, I told court, “Your honor, this woman has now responsibility for many properties spreading from Palm Springs to Los Angeles…” The Court got really furious with me and said, “You can’t say that, just because she’s rich” and started to leave. I explained that’s not what I meant, I just wanted to point out that her recent stress level and anxiety is because her father retired and she has to now manage all the buildings the residential and commercial buildings they own, that it comes with the territory and is not because of me, as she claimed in plaintiff’s Opposition.  That her taking over from her father when he fully retired exactly correlates, interestingly, to when she brought the first eviction against me and evicted several other tenants by three day notices, except those tenants were not disabled and did not wish to deal with her and could move so they did.

Mobasser v LASC; Wolf & Associates RPI APP-151, items 10d and 13b(2)

DECLARATION OF AFSANEH MOBASSER WITH EXHIBITS


19.  I told the court that in her declaration, Ms. Rubaum claims that last year in court a man approached them and told her that he is my uncle and he has a care facility.  I said my uncles are dead and that man was a care giver for a very short period of time, that I no longer know his whereabouts and the only family I have is a cousin and his over 95 year old mother who lives with him and has severe Alzheimer’s and other health issues.




In the landlord’s Opposition to my request for stay pending appeal, it states that the case I cited regarding the court of appeal’s reversal of denial of stay as abuse of discretion, Mehr v. Sup. Ct. (Finnegan) (1983) 139 C.A.3d 1044, 1050, 189 C.R. 138, that considered it an abuse of discretion for a trial court to deny a stay pending appeal when the tenant had lived in the home for 15 years (less than me), had children
(but no health issues) and was willing to pay all past and future rents (as I am and as I am willing to remove all my plants), the landlord’s attorney contends my case is not “analogous” for comparison to that appellate decision and standard. I believe my case is more compelling not only because of the longer time I have resided in the home, but also because of the serious health issues I suffer from, and because the manner in which the 3day notice to cure was framed makes it a way that tens of thousands of residents of rent
stabilized housing units in Los Angeles could be vacated by landlords for profit motives if this case is allowed to stand and act as precedent. In Mehr, there was only one house in dispute about ownership. My case is an example of a landlord gaining advantage contrary to the Municipal Ordinance that is meant to protect tenants from being evicted simply so the landlord can make more money. The notice to cure demanding that every tenant who lives in a building that allows plants on the balconies could be used to demand removal and if the tenant does not do so within 3 days, they are subject to eviction, rather than as in my case using less water if “overwatering” is the claim that the landlord is making to set up the eviction. This is not a case of non-payment of rent, but a contrived ‘breach of covenant’ and purported failure to cure, when I limited watering, but did not remove all plants as the landlord demanded. No other tenants have been asked to remove their plants because there is no lease provision that prohibits maintaining plants on our balconies.

20. I told the court I have been living in my home for 17 years. Then I told the Court that my case is more compelling than the Mehr case becomes a matter of public policy. And that Mr. Sands, my attorney was so convinced that the 3-day notice was not legal and that it affects all the rent control units in Los Angeles, so that is a real issue on appeal. I then said, “So please let them [the Appellate Division] decide on this.” This is an L.A. City Ordinance, not a private matter like in the Mehr case. I said if your honor is wrong on the law, I would be put on the streets and become homeless and might be dead by the time the issue is resolved by appeal.

21. Then I said the denial of my constitutional right to a jury is an appealable issue with which the court agreed. I told the Court that I had a previous case in Santa Monica where I applied for waiver of fees and the waiver that was issued included jury fees, which was won by unanimous jury on all causes of action.  That is why when I filled the fee waiver form and asked that I want it to include jury fees in this case, I assumed it also included jury fees, but, although I asked the clerk multiple times, that is every time I went to cour  to give me a copy of the fee waiver, the Clerk, Jubina, was too busy to copy it each time and and never gave it to me. I told her I wanted it to include

Mobasser v LASC; Wolf & Associates RPI APP-151, items 10d and 13b(2)

DECLARATION OF AFSANEH MOBASSER WITH EXHIBITS

jury fees. Then I told the judge the denial of jury was an appealable issue because it is a Constitutional issue. I said, “My attorney made it clear that it was his mistake for not ensuring that the jury fees were included or posted, twice in two motions and he offered to post the fees right there and then before trial when in two separate motions he made it clear to the judge the reason why I am asking for the jury is that because I believe the court to be biased against me because of my previous experience with the judge.Then I said that the jury denial was not even mentioned in the Opposition, so that means they knew it was a good appealable issue and that is why they are trying to hide it under the carpet.



22. Judge Brown said, “I agree that you have a point and that’s an appealable issue.”

                       23. I also told the Court that, with regard to the late rent payment notices included in the Opposition, that I received disability payments on the 5th of each month and asked that the landlord understand that, but they issued 3-day notices and I always paid the rent from my disability income when it came soon as those notices where posted. I told the Court I believed it was a pattern of harassment; that I had observed many other tenants had notices posted on their doors over the years. I also pointed out to the Court that letters the landlord presented were from 2004 and wanted to address those as fabrications and why. The Court said it does not want to hear from me on those.

24. When the landlord’s attorney, Mr. Brennan, began speaking, he said, “Her case is not comparable to Mehr, because there were three children and it was a case of fraud. As to the letters his client presented from 2004 to help prove I was a “bad” person and tenant, he said, “Forget they are hearsay, they show there were problems with [me] before 2005.” He told the Court the manager/owner spent $10,000 to evict me last year but failed to mention I paid the attorney fees and costs in full as a condition for relief from forfeiture without any accounting or receipt. Mr. Brennan argued that I had done something improper by not bringing that motion for relief back before Judge Brown (in fact, Judge Brown was on vacation, so Judge Fox had to hear it because eviction was forthcoming, and he granted it based upon my health issues and length of living there). Mr. Brennan then argued that I had not removed the plants yet (but I agreed to do so today). Mr. Brennan said to the court, “I am not a doctor, but I believe her doctors are wrong. They say she may have a heart attack, but I say she won’t.” (I had told the Court that even if the appeal is good, I may be dead by then.) Mr. Brennan argued that I will be fine, that nothing is going to happen to me and that I can find housing because I can tell any future landlord that I was evicted, but not because I did not pay the rent on time and said that I had $16000 in back rent to pay first and last even though the court had issued a
Mobasser v LASC; Wolf & Associates RPI APP-151, items 10d and 13b(2)

DECLARATION OF AFSANEH MOBASSER WITH EXHIBITS

judgment of over $16000, which again boggles my mind how is it that I will have this money when the judgment has been issued and I have to pay the judgement? He argued that the Court gave me time to file a written reply and I failed to do so (my attorney refused). Mr. Brennan then claimed that his client’s blood pressure had gone up. He argued that his client/landlord would be sued because of me and she would be bankrupt. He said, my client is here and can testify that she was there and saw when Ms. Mobasser pushed potato chips into that woman’s mouth. (There is no date, time, name or any other details or any record, or letter about this fabricated incident until now.)






25. The Court took the matter under submission and told me to call to get the decision by noon. I called the Court and was told the motion was denied at 1:30. I am attaching each of the letters that I read to the Court during the hearing and that I gave copies to Mr. Brennan.

26. In the important interest of justice. I am asking this Court to issue an immediate stay so the Sheriff will not evict me tomorrow, which is the last day according to the Notice of Eviction. I can pay all of the rent that has not been accepted by the landlord since they filed this action. I can pay the rent as it comes due during the time it takes to appeal and receive this Court’s decision. I will remove all of the plants from the balcony and agree not to replace them or place any other plants on the balcony while the appeal is pending if I am allowed to continue living in my home while I appeal.

27. Based on the facts in my motion demonstrating extreme physical, mental, and emotional hardship that I will suffer if evicted, and no irreparable harm for Wolf & Associates if I am allowed to stay under the conditions I stipulate and agree with (listed in paragraph 26, above) I contend that the trial court abused its discretion when it denied my motion for an Order Staying the Eviction, considering the mandatory language of CCP section 1176, the substantial issues presented for appeal, and the factual circumstances established by the declarations; and also when he denied my request for a temporary stay to Order Mr. Sands to continue representing me considering the eviction deadline, or to allow me to obtain another attorney and a reasonable time to do so, to continue my request for stay on appeal.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. I executed this on January 25, 2013, at Los Angeles, California.

________________________________
Afsaneh Mobasser