Fresno man evicted while fighting cancer gets early win from judge. Landlord foots bill
An ailing Selma man who says he was wrongfully evicted on March 2 and forced to sleep in his car will be able to rest safely in a motel room, thanks to a Fresno County Superior Court judge.
Martin Plum, 60, filed a lawsuit against his landlord Helio Cuevas after he kicked Plum out of the rental home he had been living in for 10 years. Plum also accused Cuevas of tossing his belongings on the front lawn after Plum was escorted from the home by two Fresno County Sheriff’s deputies.
Cuevas has denied any wrongdoing.
Plum’s attorney Alfred Gallegos with Central California Legal Services said Plum, who is suffering from cancer, had nowhere else to go and was spending most of his nights in his car and occasionally in a motel.
But Judge D. Tyler Tharpe on Thursday approved an interim financial settlement requiring Cuevas to pay for Plum to stay in a motel at least until March 23 when both sides are due back in court.
“He (Plum) was very pleased,” Gallegos said. “He was almost out of funds and now he at least knows he has a roof over his head for a while.“
Gallegos is seeking a temporary injunction that would put Plum back in the Selma home until the eviction process works its way through the courts. Plum also wants his possessions back.
One of the key elements of an eviction that Cuevas skipped was a hearing before a judge, Gallegos said.
After both sides are allowed to present their case, a judge rules. If the ruling favors the landlord, the court will issue a “judgment for possession.” The landlord must then get a “writ of possession” from the court directing the Sheriff’s Office to enforce the judgment.
In court records, Plum said he was never given the chance to go before a judge to argue his side. He was surprised when someone knocked on his front door on March 2 around 10:30 a.m.
“After getting out of the shower and putting on clothes, I went to the front door. I opened the front door and saw two deputy sheriffs standing at the front door,” he said in a declaration. “I also saw the Defendant, who is my landlord, standing on the sidewalk in front of the property in clear view.”
Plum also said the eviction order had the address for the home next door, which is also owned by Cuevas.
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.
This story was originally published March 13, 2021 at 5:00 AM.
