(Hillsdale apartments)
(Hillsdale apartments photo John Chiv)
(3/10 court minutes)
Since my post on the 2/24 hearing in the lawsuit filed by two tenants against Dwivedi Tower LLC, a Case Management Conference was scheduled for 8/18/25. Mr. Anil Dwivedi filed an opposition to the preliminary injunction and a declaration on 3/6. The opposition is not in ecourt. The declaration is in e court. Mr. Jeff Slack and Ms. Meagan Yarnall filed a response this morning. That is not be in e court either.
I just learned that the The Dhillon Law Group has sent a letter to Janssen Malloy law firm regarding defamation. If you do not recognize the law firm, you should recognize the name Ms. Harmeet Dhillon. I have reached out to Mr. Dwivedi, Mr. Slack and Ms. Yarnall regarding the letter.
I have added the declaration later and some of the exhibits with the declaration to the post. The first page of Mr. Dwivedi's declaration is about him about growing up in extreme poverty in India and how he came to America 12 years ago, worked odd jobs including driving Uber and how he came to invest in properties in Eureka. There is some information from the declaration that Mr. Dwivedi included in his statement. I will add my notes from the hearing when I have time.
There are letters to Legal Services of Northern California and letters to 16 tenants that you can read for yourself. There are 39 apartments in that building if you go by apartment numbers. Only two plaintiffs.
Don Swall and Vanessa Vachon are the two plaintiffs represented by Mr. Slack and Ms Yarnall. Mr. Dwivedi's attorney is Mr. Randall Davis. Retired Judge John Feeney presided over the 2/24/25 hearing. Today, it was Judge Timothy Canning who is the judge regularly assigned to civil cases.
When I did the first two posts on this lawsuit, it was from court records, legal research, talking to tenants and reaching out to Mr. Dwivedi. This third post is also based on court records, court testimony but there is other information not reported elsewhere which will give you a more complete picture, the dynamics and context.
I have been very forthcoming about my struggles to find housing in the last four years. I ended up renting at Hillsdale apartments unexpectedly and have been at that building since the beginning of March. I am disclosing this for transparency. My readers and the community know me well and trust me. I almost did not cover today's hearing but then decided to at the last minute.
Janssen Malloy and Humboldt DHHS advertise with Lost Coast Outpost. That is a relevant fact because both have a vested interest in this lawsuit. Adult Protective Services is under DHHS.
I am sharing my own experience at Hillsdale, Mr. Dwivedi and Swall to add context and because for years I share my knowledge, my experiences with my readers. This case is not different. Even if people set my individual experience aside, there is court testimony, court records that people can read. Swall,Vachon and their lawyers have "some 'splaining to do."
My experience with Mr. Dwivedi and his manager, so far has been professional and responsive. They are not lawyers or experts at California Tenant Protection Law. I pointed out to them that unit numbers in the letters would have been helpful. Service issues were brought up today. I have seen some notices posted on doors but obviously I did not take a closer look at them. Unlike Swall, I do not invade other tenants privacy.
I have never met Swall or Vachon. Have never spoken with them. They had an option to reach out to me. Why didn't they? Maybe because they did not want someone asking them tough questions ? Just someone's word and claims are not enough in a court of law. What record do we have of any verbal communications between Swall, Vachon and Dwivedi management?
You can read the first two posts and see there was no reason for Swall's hostile behavior towards me. He made a choice to be an ass to me. I let that go once. Swall continued what I consider harassment and intimidating behavior and since I have never even seen him before I moved to Hillsdale, the only conclusion is that he is pissed that my reporting provides facts and information inconvenient to his lawsuit and anticipated payday. After seeing claims of storage space debunked in court, the evidence filed with Mr. Dwivedi's declaration, the harassment Mr. Dwivedi has faced and my own experience with Swall and his smirking in court; he has shown himself to be a petty, angry man with a motive. Vachon worked previously for the County. She knows how to work the system.
I have had my own experience with Swall outside 1140 E street and today before court where he told Vachon who I was and I heard the word "asshole." No one knew who I was when I first moved in to Hillsdale apartments. Swall saw me a couple of days after I moved in and it was near the front entrance and gave me a hateful look, and muttered another insult which I chose to ignore, I have had some tenants behave in ways after Swall has been pointing out who I am that has me concerned. I have had no issues with any tenants until Swall saw me at Hilsdale. My home is my safe space. Today, for the third time in a less than a week and twice today, Swall has targeted me. I came home at 5:39 p.m. Swall was outside the front entrance, talking to another tenant. He pointed at me and said, "right there, right there." I told him something to the effect about leaving me alone and talking about me. He responded, "What did he say?" I think I heard the other tenant say something and they followed me upstairs and were outside my door.There are cameras at the entrance and the interaction, hopefully was recorded.
The courthouse is a public space but it is where I primarily work. Looks do not intimidate me and I could care less about Swall's opinion about me. Swall chose to reveal information about me to other tenants and Vachon which impacts my ability to use my home. I will record any future interaction with him or anyone else if it is necessary for my safety. I will also be documenting his harassment of me.
When I finish adding the rest of my notes from court, along with the court documents, people can chose to make their own determination about Swall and Vachon's motive in bringing this lawsuit.
When I initially investigated claims in this lawsuit, I was told Swall and Vachon talked to other tenants at Hillsdale. As information is being revealed in court and legal filings, one has to wonder what the motivation was behind this lawsuit and how truthful the plaintiffs have been with their attorneys. When your attorney has to get up in the middle of court and come speak with you because claims regarding storage space are debunked; you lose credibility.
Mr. Dwivedi made some statements about the harassment and death threats he has received. He said he does not even feel safe leaving his home. Mr. Dwivedi also made statements that the "TRO was granted on false misleading information"; Swall's claim about his storage space was contradicted with information provided by Mr. Dwivedi.
Mr. Dwivedi said "no one has paid a dollar, no one has been evicted and no one had to move." Ms. Yarnall said a couple of people moved.
Ms. Yarnall said she had spoken to a couple of tenants who had moved out but acknowledged she did not have declarations. These people have found other places to rent. So what harm has been done that Mr. Slack is claiming?
Ms. Yarnall apologized to Mr. Dwivedi on behalf of herself and the public about the threats. She is not the one who needs to apologize.
The apology should come from the anonymous haters who jump to conclusions reading selective information or don't bother to read at all. And it should come from Swall and Vachon who have created a lot of drama which online trolls like because it gives them someone to hate; facts be damned. The same idiots who keep saying Hillsdale apartments are low housing because they are ignorant, don't bother to read or are confusing the building with Eureka Central Residence, another property owned by Mr. Dwivedi which is low income housing.
No one cares what a bunch of anons spout online. Put your name behind your words, testify in court under oath and if any of you are landlords, allow an unexpected visit from the County or City live in to inspect your property.
Judge Canning stated,"The Court does not condone hateful messages to the landlord. There is no indication that it was the attorneys and plaintiffs."
There is no way to prove that when anonymous comments are allowed on certain online sites and the Humboldt mob comes out with pitchforks selectively.
Judge Canning took the matter under submission and the TRO remains in effect until his ruling. Judge Canning said while he has 90 days; he realizes the urgency of the matter.
Landlords should follow the law. Mr. Dwivedi told me he bought the Hillsdale apartments in January 2024. Swall, Vachon running to media before trying to resolve matters is suspect and the class action lawsuit is a bit of overkill. Today, there was a different tone from Ms. Yarnall and Mr. Slack. It is never a good thing to get offguard in court because your client has not been forthcoming. Mistakes were made by both sides. Can they resolve it or will this drag on?
Dealing with lawsuits is time consuming. Selfish Swall and Vachon don't care. There are other tenants who live at Hillsdale and Eureka Central Residence. Tenants who pay their rent and don't stalk and harass other tenants.Tenants who have jobs and are just trying to get by and pay the bills.
None of the local lawyers take on local property owners or property management companies. I am for tenant rights and the law but not selective application based on whining from two people out of 34 tenants if you go by apartment numbers. Legal Services of Northern California and local civil lawyers have turned down locals where there was more egregious conduct and laws were broken. That is if you can even get through to LSNC to get an intake appointment and get someone to help before your court hearing. So why this case?
There is no place in Eureka where you can find a studio or one bedroom at the rents Swall and Vachon were paying. Even with the rent increases; it is a deal. With the new rent increase which is allowed by law, Swall is only paying $675. That is less than all other 15 tenants who received similar letters. People pay a couple hundred more or higher than that for shared living, shared kitchens, shared bathrooms and a tiny room. Let's go inspect all those properties to see if tenant law is being followed.
There are options for senior and low income housing; why isn't Swall using any of them? According to Mr. Dwivedi in court today, "No tenant has paid a single dollar than what was in the previous lease. No one has been evicted. No one has moved out."
There has been no harm done. Swalland Vachon are still at Hillsdale apartments. Why are Swall, Vachon and Janssen Malloy persisting on wasting court time and resources instead of sitting down and talking?" There is more to this lawsuit and the motive behind it but will it be revealed?
The location is very convenient. It is an old building. It is not perfect but compared to the building many of the "locals" and "generationals" rent and the code violations that are overlooked in residential and commercial buildings depending on who you are and who you know in Humboldt; the online trolls with their misdirected hate towards just this lawsuit stand out as hypocritical. Let them offer Swalland Vachon a place to stay for less than $675 or they can just stfu. They are not living with drama queens interfering with other tenants to peacefully enjoy their home.
I am not Mr. Dwivedi's lawyer but if there is an evidentiary hearing in the future, I would ask Swall what improvements did the previous owner do to the building? Were there any complaints filed against the previous owner?Were there complaints against Rentor or Spinks who previously managed the building? Were vendors paid by previous management and owners? Were was Janssen Malloy when other local tenants had to sue Rentor and go find lawyers outside the area?
Since Mr. Slack said several times during today's hearing,"efforts are being made" by Mr. Dwivedi and they are willing to work with him and it is about compliance with the law; a proper investigation should be done into these questions. I would be less cynical about this sudden concern into tenant rights in Humboldt if it was not singling out one landlord and the only one to actually admit he made a mistake.
The fact that white Swall has run to other local media before a court hearing about notices sent by brown skinned landlord and a black manager and now has targeted a brown reporter who is questioning and putting out court records is a valid concern. I have only used race and other references to my heritage once before when obvious slurs were hurled at me in Old Town. Swall has made me feel the same way.
Humboldt does have a problem with "outsiders" and the fact that there is such a big to do about this tenant issue when other media has never covered tenant violations in other court cases speaks volumes. Mr. Dwivedi's religion and ethnicity has been disparaged online but that kind of "trash talk" is from irrelevant people who have no effect on decisions or policy in Humboldt other than using their social media account to hate, troll, gossip regardless of facts or whether they know someone. That is a lot easier than for them to actually do something productive or take responsibility for the miserable losers they are who have never taken a risk or done anything to help this community in a positive way. I have reported on other court cases and taken on the good ole boys and gals in this town. Where was the coverage by other local media?
Who besides Swall, Vachon and Janssen and Malloy benefit from this class action lawsuit?
I have checked several civil cases in Humboldt court. In all those cases, landlords prevailed; regardless of the local judge. The only local judicial officer who gave tenants a fair shake was former Commissioner Fran Greenleaf and Rentor would disqualify her every time.
