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Court Set to Rule Against Jose Morales in Ellis Eviction

by Paul Hogarth via Beyond Chron
Thursday, September 20, 2007 : In a ruling that appears to defy the California Supreme Court, San Francisco Superior Court Judge Ronald Quidachay is likely to grant judgment against tenant Jose Morales today and deny the 78-year old activist a jury trial. The judge found the landlord’s statement that he was going out of the rental housing business “conclusive” as a matter of law, despite the landlord giving multiple versions of his plans for the property.
The judge spent three days hearing legal arguments to avoid what would otherwise have been a two-day jury trial heard by Morales’ peers. Many observers felt that a jury would disbelieve a landlord who has tried numerous strategies to evict the 42-year resident, but the court made sure the jury never got the chance to keep Morales in his longtime home.

The ruling denying Jose Morales a jury trial and entering judgment against him shocked even those familiar with the pro-landlord agenda of many San Francisco judges. Morales’ Ellis eviction case has been very high profile, the landlord’s good faith was clearly in doubt, and a winning jury verdict was a distinct possibility.

But unless an appellate court reverses Judge Quidacahy’s ruling, we will never know whether a jury would have ruled on the tenant activist’s behalf. That’s because the court took it upon itself to resolve all factual disputes, denying Morales what should have been a constitutional right to a jury trial in an unlawful detainer action.

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