Fresno-area landlord accused of evicting cancer patient tenant, dumping property on lawn
Martin Plum, a Selma man battling cancer and an eviction, didn’t think his situation could get any worse, that is until March 2, when two Fresno County Sheriff’s deputies showed up at his home and told him he had to leave.
The 60-year-old Plum tried telling the deputies there was a mistake, but it was no use. He followed the deputies’ orders and walked out of the home he had lived in for 10 years, leaving behind most of his personal items.
Plum, who is now splitting time living in his car and a motel, filed a lawsuit on Monday against landlord Helio Cuevas, alleging forcible entry, wrongful eviction, and forcible detainer. He is seeking damages and to be allowed back into his home.
Plum describes in the lawsuit how deputies told him the landlord was obligated to store his belongings for 15 days so that he could make arrangements to pick them up.
“After Plum vacated the Premises on March 2, 2021, Defendant, or agents of the Defendant at the express direction of the Defendant, removed Plum’s personal property, antiques, heirlooms, equipment and other personal belongings from the residence and dumped it on the front lawn,” the lawsuit states.
Plum’s lawyer Alfred Gallegos, with Central California Legal Services in Fresno, said Plum recently went to the home in the 2100 block of Whitson Street in Selma to see if there was anything left to salvage.
“There was nothing usable left for him to take, everything was just thrown in the yard,” Gallegos said. “His neighbors said people came and took things, power equipment, furniture and clothing. It’s all gone.”
Cuevas declined to comment about the lawsuit on Wednesday, referring questions to a Fresno attorney. But when the attorney was contacted, he said Cuevas had not retained him.
Gallegos said Cuevas allegedly skipped several important legal steps in evicting Plum. Cuevas began the eviction process by filing an unlawful detainer complaint on Feb. 17. And Plum responded with the help of Central California Legal Services.
But what Cuevas did not do, Gallegos alleges, was wait for a hearing before a judge.
If a judge rules in favor of the landlord, the court will issue a “judgment for possession.” The landlord must then get a “writ of possession” that directs the Sheriff’s Office to enforce the judgment.
Once the Sheriff’s Office serves the tenant a notice to vacate they have five days to move, or they will physically be removed.
Gallegos said Cuevas bypassed the entire hearing processing.
“The only step he took was filing the unlawful detainer,” he said. “This case is still pending and no judgment or writ of execution has been filed.”
Gallegos has also requested a temporary restraining order demanding Cuevas allow Plum back into the home until the unlawful detainer hearing can be held. He is also asking for the return of Plum’s possessions and to prevent Cuevas from evicting anyone unlawfully.
Not only is Cuevas accused of not following state guidelines for eviction he may also be violating California’s current eviction moratorium, Gallegos said. Tenants are protected from eviction if they are unable to pay all or part of their rent due to a COVID-related reason.
But Plum was never behind on his rent, Gallegos said. The reason the property owner gave for evicting Plum was that he was planning a major renovation for health and safety reasons, Gallegos said. The moratorium considers that an exception.
“We think he is using that as a pretext to obtain possession of premises,” Gallegos said. “We dispute that there will be substantial repairs.”
Gallegos vows to keep a watchful eye on whether Cuevas hires a contractor, or requests building permits for construction on the home.
