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Scorpio

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Lawsuit filed to stop eviction of 97-year-old Burlingame woman

San Francisco Chronicle

By Kevin Fagan and Kimberly Veklerov 12 hrs ago


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Lawyers for a 97-year-old woman threatened with eviction from her Burlingame home of 66 years filed a lawsuit Friday on her behalf, contending she was promised lifetime tenancy in the residence by a succession of landlords, and that the unwritten agreement should be honored.

The suit filed for Marie Hatch in San Mateo County Superior Court contends breach of contract, elder abuse and intentional infliction of emotional distress.

"I just thought it was a joke,"€ said Hatch, who was bedridden Friday with a severe cold. "That young man wants to sell this house and get all this money, and he doesn't even need it."

Hatch, who is fighting cancer, was given a 60-day order earlier this month to vacate the cottage she has lived in for more than 6½ decades. She and several others have said that the landlord in 1950, Vivian Kruse, told her she could live in the house for life -- €”as did Kruse'€™s daughter and granddaughter.

The problem came in 2006 when the granddaughter was killed by a boyfriend. Her estranged husband, David Kantz, took over the property and contends that his wife'€™s trust mandates that the house be sold before the end of the year, and the proceeds turned over to their two sons.

Kantz told The Chronicle he "felt bad"€ about having to evict Hatch, and said he has been working on ways for the property sale to be settled so that Hatch either stays put or can peacefully move somewhere else.

He told The Chronicle a week ago that he knew of the agreement Hatch had with his wife and her relatives, but that such a promise was not in her will, and thus is not enforceable.

He and his lawyer did not respond to calls or emails Friday.

Hatch and her friend and roommate of 32 years, 85-year-old Georgia Rothrock, have said they have nowhere to go if they are evicted. They live on Social Security, and much of their income goes to the $900 monthly rent. Kantz said he can sell the house, which was paid off long ago, for more than $1 million.

The law firm of Cotchett, Pitre & McCarthy filed the suit, and lawyer Nancy Fineman called the eviction order "€œdespicable."

"€œThis is one of the most outrageous acts of greed against the elderly that I'€™ve seen in my almost 30 years of being a lawyer," €Fineman said. "Oral contracts are just as enforceable as a written contract."

Rothrock said the eviction notice she and Hatch received "was a shock to say the least."

"When you're low or middle income in a community as affluent as Burlingame combined with Hillsborough, you sort of get lost in the shuffle," Rothrock said.

In the week since The Chronicle broke the story of Hatch'€™s dilemma, hundreds of emails have poured into the newspaper from around the world offering support for Hatch. Dozens of people from many states, including Ohio and Kentucky, and from as far away as New Zealand, offered to have her come live with them, as did people from all over California.

Others offered to buy the house and let her live in it, and some have been trying to work out amicable deals with the landlord so that both parties can come away satisfied.

But Hatch'€™s pro bono attorneys, Fineman and Nanci Nishimura, said many of the offers were uncertain or filled with undesirable caveats, such as requiring the two women to move out in one year. And Hatch, who is prone to agoraphobia --€” an anxiety over leaving her home --€” said she wants to live out the rest of her years in the cottage.

Cheryl Graczewski, who lives next door to Hatch and has been helping her and Rothrock resist the eviction order, said she was bringing social workers to the home on Monday. Graczewski was also served with an eviction order by Kantz, who owns her house, too, and she was in the final process of moving out on Friday.

"There are lots of good souls out there,"€ she said of the outpouring of offers to help her friends. "€œI wanted the social workers to come over to talk at least to Georgia about long-term options. Wait lists for senior housing can be very long, and she will probably need assistance in future years."

Graczewski said her new home is nearby, and she will be keeping in close touch with Hatch.

"I think she's still sort of in disbelief,"€ she said of her elderly friend coping with the eviction notice. "We were all concerned about how it would affect her health.

Kevin Fagan and Kimberly Veklerov are San Francisco Chronicle staff writers. Email: kfagan@sfchronicle.com, kveklerov@sfchronicle.com Twitter:mad:KevinChron, @KVeklerov

http://www.msn.com/en-us/news/us/la...ar-old-burlingame-woman/ar-BBq3sre?li=BBnbcA1
 

brosil

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Not really a problem,just give the 97 year old a life lease and sell it entailed. The guy will get a lower price but it would satisfy probate.
 

Scorpio

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POS gold digger got what he wanted.............


Death claims 97-year-old Burlingame woman fighting eviction
2 / 17

San Francisco Chronicle

By Kevin Fagan 5 hrs ago


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Marie Hatch, the 97-year-old Burlingame woman whose fight against being evicted from her home of 66 years drew international attention, died Thursday evening.

Ms. Hatch apparently died of natural causes after suffering from a severe cold for more than a week, family friends said. She had been hospitalized and Thursday evening returned home, where she succumbed.

"€œIt'€™s so sad -- we will miss Marie,"€ said Cheryl Graczewski, who lived next door and had been advocating for Ms. Hatch since she first received word in December from her landlord that she had to vacate the house.

"She was a real sweetheart. There was a lot of spirit in that woman."

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Joe Cotchett, the powerhouse lawyer who --€” after The Chronicle broke the story last month -- took up Ms. Hatch's fight with a lawsuit, said her case was "the tip of the iceberg as to how senior citizens are being treated in the Bay Area in terms of being put out on the sidewalk."

His law partner, Nanci Nishimura, was at the Hatch home comforting her relatives and her longtime roommate, 85-year-old Georgia Rothrock. "There is no doubt that her being served with a notice that she had to be out on the sidewalk brought about her death,"€ she said.

"€œFrom December 2015 when she first learned that (landlord) David Kantz intended to sell the house and believed he had a right to evict her in 60 days, Marie Hatch mentally and physically deteriorated because she was so scared, upset and distraught," €Nishimura said.

In response to Ms. Hatch's plight, hundreds of people from as far away as New Zealand and all over the United States mailed in money and offers to either have the woman live with them or to buy the house and let her stay in it.

Cotchett's firm filed suit in San Mateo County Superior Court on Feb. 26 arguing that Ms. Hatch had been promised lifetime tenancy in the home by three generations of women who owned the house. The suit contends elder abuse and intentional infliction of emotional distress. Kantz and his lawyer did not return calls Thursday evening.

Cotchett said he will continue to wage a legal fight on behalf of the Hatch family, and on behalf of Rothrock so she can continue to live in the house.

Ms. Hatch, who was fighting cancer and had difficulty leaving her home because she was prone to agoraphobia, told The Chronicle that when she moved into the house in 1950 her landlord said she could live there for life. That landlord, Vivian Kroeze, died, and her daughter and granddaughter successively carried on the promise, Ms. Hatch and Cotchett contended in the lawsuit.

"This seems so unfair,"€ Ms. Hatch told The Chronicle. "€œWhy should I have to leave my home because this young man wants to make all this money?"

It was only in 2006, when Kroeze'€™s granddaughter was killed by a boyfriend while she was getting a divorce, that the promise fell into doubt, Ms. Hatch contended. Kantz, the granddaughter'€™s widower, said his wife'€™s trust was expiring later this year and that he had to settle finances on the house for the sake of his two sons.

"€œI feel bad for the elderly lady, I feel bad for my sons, I feel bad for me,"€ Kantz told The Chronicle. The house, long paid off, was listed on the Zillow real estate site at $1.2 million.

Graczewski, who moved this past week from her home -- Kantz, who owned that house, had also served her with a notice to vacate -- €”said the big question now is what will happen with 85-year-old Rothrock. She set up an appointment with social workers Monday with the roommate in hopes of planning for her future.

Kevin Fagan is a San Francisco Chronicle staff writer. Email: kfagan@sfchronicle.com

http://www.goldismoney2.com/threads/get-your-keister-out-grandmaw.94417/
 
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latemetal

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Wait a minute guys, isn't greed good? doesn't greed work?...why blame the guy for getting the best price he can?
 

Joe King

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She had been hospitalized and Thursday evening returned home, where she succumbed.
Sounds like they shoulda kept her in the hospital instead of sending her home. When being released from the hospital, you're supposed to be getting better, not worse.
 

mtnclimberjim

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We should all be so lucky as to live to be 97
 

Scorpio

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Not sure I would consider that 'lucky' with how society treats the elderly,

JMO
 

Unca Walt

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Sounds like they shoulda kept her in the hospital instead of sending her home. When being released from the hospital, you're supposed to be getting better, not worse.

Hey, Mang... You lookin' at Obamacare Death Panel in action.

No other explanation. Understand something here, BTW: It wouldn't be up to the doctors. It is COMPLETELY up to the bean-counters. I know this -- my son is a doctor.
 

Scorpio

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The other side of that is a great number of people do not want to pass in a hospital. They want to be home.

fwiw
 

D-FENZ

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Life is not fair.

Should she be allowed to stay in the house simply because she has lived there for 66 years? What about 65 years? 65 months? Where do you draw the line? It's a very slippery slope.

If you want fair, come to DesMoines the second week in August. Bring comfortable shoes.
 

GOLD DUCK

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Life is not fair.

Should she be allowed to stay in the house simply because she has lived there for 66 years? What about 65 years? 65 months? Where do you draw the line? It's a very slippery slope.

If you want fair, come to DesMoines the second week in August. Bring comfortable shoes.


QWAK,D-FENZ,"GOLDEN RUEL" do unto others as you would have done to you!:thumbs up 2:

What you gona do when they come for YOU?:thumbs down:

the DUCK :winks2: