Constructive Eviction Declaration
Case Reference: MAN-CV-LUDR-2025-013914
I, Johnny Albert Morales, Founder and Lienholder of Future Octave Records, LLC, hereby declare that the property located at 16118 Adobe Way, Lathrop, California is presently under constructive eviction.
The unlawful detainer action filed under Case # MAN-CV-LUDR-2025-013914 is no longer on the docket and therefore has no legal effect. Despite the termination of that proceeding, there has been no communication or corrective action from Yogeeta Prasad or her attorney, Yasha Rahimzadeh, to restore my lawful rights of possession.
This silence and refusal to acknowledge my rights constitutes constructive eviction under California law, including:
- California Civil Code § 789.3 – Prohibits lockouts or denial of access without a valid court order.
- California Civil Code § 1940.2 – Makes it unlawful to interfere with a lawful occupant’s quiet enjoyment through threats, force, or obstruction.
- California Civil Code § 1927 – Guarantees the covenant of quiet enjoyment; interference with access breaches this covenant.
- Constructive Eviction Doctrine – Recognized by California courts as unlawful “self‑help” eviction when premises are rendered inaccessible or uninhabitable without due process.
- California Commercial Code – UCC Article 9 – Protects lienholder interests in collateral, prohibiting unauthorized dispossession.
Because the unlawful detainer under Case # MAN-CV-LUDR-2025-013914 is no longer active, any continued denial of access or refusal to secure door codes is extra‑judicial, unlawful, and subject to civil penalties and damages.
Signed:
Johnny Albert Morales
Founder & Lienholder, Future Octave Records, LLC
Email: futureoctaverecords@gmail.com
Cash App: https://cash.app/$bmipublishing