Orange : Eviction of Father From Son’s House Postponed

Eviction was postponed Monday for an 81-year-old man whose son won a court battle to throw him out of the house he rents from the son, a spokesman for the county marshal’s office said.

Luis Vaca Gallardo, who was to leave the house by Monday afternoon, will remain there with his daughter, Lucille, for at least several days until a court determines if she still has a right to live there,

Municipal Judge Richard W. Stanford ruled Nov. 21 that Gallardo had to vacate the three-bedroom house he rents from his son, Felipe Vaca Hernandez, 62, and pay $2,620 in unpaid back rent. But Gallardo’s daughter, Lucille, may still be allowed to live in the house, which was once owned by the elder Gallardo.

Lt. Michael Corona of the marshal’s office, which was to enforce the eviction order, said the order was postponed pending a court hearing for a “third party” living in the disputed residence. But no court date has been scheduled, Corona said.

Gary Appel, an attorney representing Luis Gallardo, said his client could still be evicted, but not Lucille Gallardo because she was not involved in the previous court ruling. He said he was not aware of further court action.

Hernandez, who lives across the street from his father, sought the eviction because Lucille Gallardo, his sister, is “verbally and physically abusing” his father, said Joyce W. Lapovsky, legal assistant of Hernandez’s attorney, Richard J. Politiski.

Lapovsky said Gallardo has complained that Lucille Gallardo mistreats him, and most of his eight other daughters and his son have offered him shelter in their homes. But the elderly man has rejected those offers. “We don’t know what his daughter has told him,” Lapovsky said.

Family members claim that the 42-year-old daughter has refused to let relatives see the elder Gallardo, going as far as padlocking doors, Lapovsky said. Hernandez could not be reached for comment.

Lucille Gallardo said Monday that for the last 20 years, “I’ve always looked after him. . . . No one helps my father but me.”

She said her father receives about $400 monthly in Social Security payments, while she receives $200 a month in disability benefits.