Wednesday, February 17, 2010

ARTICLE OF EXTORTION BY EXTRA SPACE STORAGE

The background information is at this link:
http://extra-space-storage.blogspot.com/
If you haven't been here first then you'll need to read it.


This blog covers the illegal acts committed against me by Extra Space Storage in their attempts to silence my reportage of their unlawful activities.
These acts include:
-Burglary.
-Theft.
-Extortion.
-Abuse of the Alameda Superior Court System.
-Unethical contact by their lawyer.

I'm still working on this but in general:
Extra Space Storage illegally cut the lock off of my storage unit and locked me out of the facility contrary to Ca. Code. Busineess & Professions 21700 et seq.
Extra Space Storage did this to put me under duress and increase my mental health problems brought on by (PTSD). Their goal was to force my signature on the document below to deprive me of my legal right to bring action against them in court; and to prevent my telling anyone about their unlawful and illegal business practices.
In exchange for signing this "agreement", I was to recieve back what was already legally mine; my possessions in my storage unit.
(the right to bring action in court is considered property under California law.)
EXTORTION: Penal Code 518 -527

(specifically: 518, 519 (1) Fear. 522 Signature. 523 Emailing an extortionate demand.
C.C. 1668 Contracts contrary to policy of law.
Certain contracts unlawful.
All contracts which have for their object, directly or indirectly, to exempt anyone from responsibility for his own fraud, or willful injury to the person or property of another, or violationof law, whether willful or negligent, are against the policy of the law.
See sections: 4.0 RELEASE, 5.0 CONFIDENTIALITY. of the "agreement" shown below.

ARTICLE OF EXTORTION BY EXTRA SPACE STORAGE

Dear Mr. Zobel
1.0 PARTIES

1.1 This will serve as the agreement between yourself, Steven Lee Zobel, and Extra Space Management, Inc., regarding the storage unit located at 210 Fallon Street, unit 6025, Oakland,
CA 94607 (hereinafter “subject property” and/or “subject unit”). You have the right to have an attorney review this agreement. By signing below, you hereby agree to all of the following terms, and this agreement will be in full force:


2.0 BACKGROUND
2.1 Pursuant to the terms of the rental agreement for the subject property, your rental for the subject unit was terminated and possession was to return to Extra Space as of January 22, 2010. You have thereafter remained in the unit without further legal right and are thus, trespassing. Extra Space has agreed to allow you to pay for additional time to remove your property. Pursuant to the rental agreement, you additionally owe attorneys fees and costs. In an effort to resolve this matter informally, Extra Space will waive the attorneys fees and costs, provided the terms of this agreement are timely complied with.

3.1 You will pay directly to the facility the sum of $124.20 for use of the storage unit from January 22, 2010 through and including February 8, 2010, no later than January 28, 2010 in cash. Additionally, by February 8, 2010, you will remove all property from the subject unit. The unit must be returned in its pre-rental condition and is subject to inspection by the facility manager.

You acknowledge and agree that you are responsible for any damages to the unit and will be charged accordingly. Please note that until possession is returned to Extra Space, you are subject to all of the rules and regulations of the facility and the contract you entered for use of the subject unit.

3.2 Any property not removed you deem abandoned and you instruct Extra Space to dispose of the property as it sees fit. Should the facility incur costs for disposal and/or storage of the property, you acknowledge and agree that you will be responsible for this additional cost.

3.3 The rental agreement executed between Steven Lee Zobel and Extra Space Management, Inc., is hereby cancelled and Steven Lee Zobel has no further right, title or interest in the property located at 210 Fallon Street, unit 6025, Oakland, CA 94607.

3.4 Possession of the subject unit will be returned to Extra Space as of 10:01 p.m., February 8, 2010. Note that you will not be allowed to remove your property until this agreement is signed and your payment is made. Once I have received your signed agreement and Extra Space has received the cash payment of $124.20, you can begin removing your property.

3.5 If ALL of the above terms are timely met, Extra Space Management, Inc. will waive attorneys fees and costs.

3.6 Should you fail to pay the initial down payment $124.20 by January 28, 2010 in cash, AND remove all property by February 8, 2010, the following will apply: You hereby deem any remaining property as abandoned and instruct Extra Space to dispose of the remaining property as it seems fit. You specifically waive any notice you may be entitled to re: disposal of the property.
You acknowledge and agree that the you will owe daily damages for storage/auctioning/disposing of your property, plus attorneys fees and costs. .

4.0 RELEASE
4.1 You release, acquit and forever discharge EXTRA SPACE MANAGEMENT, INC., its employees, agents, assigns, subsidiaries, and its attorneys Manning & Marder, Kass, Ellrod, Ramirez, LLP from and against any and all actions, causes of action, claims, demands, damages, expenses and compensation for injury, on account of, arising from, or in any way growing out of the tenancy for the unit.

5.0 CONFIDENTIALITY
5.1 You or anyone acting on your behalf, will not disclose the terms of this Agreement, except as required by law or court order or in response to a request for information from any
government or regulatory entity having jurisdiction over the matters giving rise to the claim, and except as is necessary to be disclosed to persons engaged in the preparation and filing of federal, state or local tax returns. You or anyone acting on your behalf further agree that you/they will not publish any account of the events that gave rise to this matter . Nondisclosure to any other person or entities is a material consideration for having entered into this agreement.

This offer expires at 5:00 p.m. on January 28, 2010. Your signature is due in my office before then. If needed, I suggest you overnight it. Your cash payment is also due by 5:00 p.m.
UNLAWFUL DETAINER AS RETALIATORY PUNISHMENT AGAINST A TENANT.
Having failed at extorting my signature, Extra Space Storage has brought an action for Unlawful Detainer against me in a court that doesn't allow Unlawful Detainer for storage facilities, because they already have an expedited means under Ca Code Business & Professions 21700 et. seq.
(aka The California Self Storage Act.

http://www.alameda.courts.ca.gov/selfhelp/Civil/udallabout.html


Section 5 What other types of actions are related to Unlawful Detainer actions?


Action to get back Storage Space:
Rented storage units are commercial property. But, a different part of the law covers storage units. You can not use an Unlawful Detainer for storage units.
See California Self-Service Storage Facility Act set forth in Bus. & Prof. Code 21700 et seq.

Extra Space's only purpose is the criminal conversion of my property in retaliation for my three complaints about their unlawful, andd unfair business practices.
They have no case. I had neither defaulted on my rent, nor abandoned my property.
Extra Space Storage has been continually harrassing me since last November when I made my original complaints to them via emails.
(There's more, I'll be finishing this up soon. To include unethical improper email contact by Extra Space's attorney, who's "friendly advice" was meant only for the purpose of making me lose my case against her client.)