Death Threat Eviction

Constance Tillotson

Sept. 29 -- Building manager Christine Loza wanted to get a few things out of storage, but she got a death threat instead. And the tenant who threatened her, Robert Seifi, got more than he bargained for -- an eviction.

The Santa Monica Superior Court case -- which was decided earlier this month -- hinged on whether the terms of the lease had been violated when Seifi verbally threatened Loza, whose father owns the building.

Loza's attorney, Gordon P. Gitlen, argued that a death threat can be classified under the nuisance statute common in standard leases.

Defense attorney Andrew M. Zanger countered that the nuisance statute is for the purpose of evicting the constantly bothersome tenant who is breaching the peace of the other tenants or the landlord. Seifi, the defense said, shouldn't be "punished" for making one "stupid statement."

On September 6, Superior Court Judge Julius M. Title found that the single incident made Loza too fearful to continue to come onto the property and ruled that the single episode constituted a "nuisance."

"You shouldn't be allowed to threaten an owner and still live in the building," said Gitlen, who cited other cases where an individual was evicted for a one-time act. "The tenant threatened to kill the landlord and he was evicted, it is as simple as that."

Zanger declined to comment on the case. "This case deserves no attention whatsoever," he said.

The incident occurred early one April morning when Loza visited the building she manages for her father to remove some personal items from the storage space she used on the property. But when Loza drove up, she found her path obstructed.

Seifi had parked his car so that it was blocking the door, Loza testified. It had happened before. In fact, Seifi had been served notice not to park in this spot.

Loza said that she knocked on Seifi's door, but he didn't answer. She kept knocking until the door swung open, and the tenant unleashed a barrage of vulgar language. "I will cut your f------ neck off," Loza said he told her. When she asked Seifi to move his car, she said he responded, "I will cut your f------ head off."

Loza quickly went to the car where her mother and four-year-old child sat waiting and found the man trailing behind her. Other neighbors came out and witnessed the violent outburst, according to court documents.

Loza then went into a unit and reported the incident to the police. Then she called Gitlen.

During the trial, Gitlen cited other cases where an individual was evicted for a one-time
act. He also had credible witnesses corroborate the manager's story.

At first, Seifi denied the accusations, saying that he was woken up from a deep sleep and
was startled. But his wife testified that she had left for work 30 minutes earlier and had gotten ready in the room where Seifi purportedly slept.

In the end, Judge Title found the manager's testimony "credible" and that "Loza was placed in fear for her physical safety." He said the tenant's behavior was "outrageous and while it was only one incident," it made the manager too fearful to continue to come onto the property.