by Jonathan Gibson and Monica Mar

In October 2023, three generations of the Acosta family (not their real name), including a grandmother who speaks only Spanish and an adult daughter expecting a baby, were facing an eviction based on a frivolous nonpayment notice that overstated the amount of rent due. They were also dealing with significant habitability issues, including a leaky ceiling, faulty electrical, a broken kitchen range, and suspected mold. Community Legal Aid SoCal’s (CLA SoCal) housing team met the Acosta family at its twice weekly Eviction Defense Clinic and, alongside a UCLA law student and a UCLA alumni pro bono attorney, helped them file an answer. It was evident to the volunteers and CLA SoCal’s housing team that this family was particularly vulnerable with so many of its members at risk of losing their home. Because of this, the case was selected for representation by CLA SoCal and the team quickly got to work preparing for the trial date, which was only a few weeks away.

At that point, Alex Padilla from O’Melveny & Myers joined the case as a pro bono attorney. In a very tight time frame, Alex and CLA SoCal housing attorneys and paralegals worked together to prepare for the scheduled bench trial. Alex and CLA SoCal Senior Housing Attorney Jonathan Gibson conducted a home visit to gather evidence of the serious habitability issues, obtained bank receipts proving the amount of rent due was overstated, and requested a jury trial (in lieu of the scheduled bench trial). Alex drafted and filed a Motion for Summary Judgment which was met with unreasonable and untimely discovery requests from the landlord. The team spent significant time responding to and serving objections to the requests, only for the landlord to file an emergency ex parte motion to compel during Thanksgiving week. Once again, the team was forced to quickly prepare and file an opposition to the motion to compel in one day. The court eventually denied the landlord’s motion.

After receiving the landlord’s Opposition to the Motion for Summary Judgment, the team prepared a Reply with Alex Padilla spearheading the evidentiary objections. Finally, the court heard oral arguments on the Motion for Summary Judgment. The judge ruled in favor of the Acosta family and granted CLA SoCal $5,000 for attorneys’ fees that the landlord was required to pay. Just before Christmas, the Acosta family was assured of staying in their home and, under CLA SoCal’s advisement, worked with the City of Fullerton Code Enforcement Division to compel the landlord to make repairs, which have since been completed.

When asked about his experience working on this case, pro bono volunteer Alex Padilla shared:

I was humbled by the opportunity to represent three generations of a loving family and assist them in vindicating their right to basic housing. As attorneys it is amazing that we have the power to assist those with the greatest need, and how a simple act of representation can impact people’s lives and result in unknowable ripple effects. I look forward to further engaging in pro bono work and strongly encourage others to do so.

CLA SoCal welcomes volunteers with varying expertise and experience to better serve its clients and support its efforts to deliver its mission: to fight injustice and advocate for social, economic, and racial equity by providing compassionate, holistic, and impactful legal services. Jonathan Gibson recognized that having a committed and passionate pro bono attorney like Alex join the case was a tremendous help because there were a series of rapidly approaching deadlines, made more challenging by court and office closures due to the holidays. “With the extra capacity on our legal team, we were able to not only help the Acosta family stay in their home, but other families who might not have received our help had our staff been required to solely focus on the impending deadlines associated with the Acosta family’s case. I would encourage anyone with an interest in pro bono service to reach out and learn more about how to get involved with our Eviction Defense Clinic.”

CLA SoCal’s pro bono model allows attorneys to plug in at different stages of a case. For attorneys who are looking for training and a limited scope remote opportunity, getting involved at the clinic for the initial consultation and drafting an answer to the eviction is ideal. For those looking to gain trial and motion practice or lend their experience to increase our capacity to serve clients, getting involved at the litigation stage will provide that. Finally, for those passionate about having a broad influence on systemic issues that affect CLA SoCal’s client community, there are opportunities to serve as co-counsel on impact cases.

For more information about the Eviction Defense Clinic or other volunteer opportunities, please contact Maricela Nuñez, CLA SoCal Pro Bono Coordinator, at mnunez@clsocal.org.

Jonathan Gibson is a Senior Attorney in the Housing Unit at Community Legal Aid SoCal. He can be reached at jgibson@clsocal.org. Monica Mar is the Director of Pro Bono at Community Legal Aid SoCal. She can be reached at mmar@clsocal.org.