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Son May Evict Father in Rent Dispute

November 22, 1986

SANTA ANA, Calif. (AP) _ A minister has the right to evict his 81-year-old father in a rent dispute, a judge has ruled.

″Where am I going to live, on the street? I have nowhere to go,″ Luis Vaca Gallardo said in Spanish after Friday’s decision by Orange County Municipal Judge Richard Sanford Jr.

Gallardo claims his son, Felipe Vaca Hernandez, refused to accept his monthly $300 rent payments for the past six months because he wants to lease the three-bedroom house in Orange to tenants who will pay higher rent.

″Very simply, my client owned the property and has a right to the property,″ said Richard Politiski, Herandez’s lawyer. ″He (Gallardo) had not paid his rent, so the dad is out.″

Hernandez, 62, one of Gallardo’s 10 children and pastor of the Apostolic Assembly Church of the Faith in Jesus Christ here, declined to comment.

Hernandez received the property in 1951 from his mother, Concepcion Hernandez Lubian, according to court documents. In exchange, Gallardo contends Hernandez pledged to care for him.

Politiski denied Hernandez made such a promise.

Mrs. Lubian and Gallardo were divorced in 1954, the year Gallardo said his son kicked him out of the house. He said he was allowed to return 22 years later under an agreement calling for him to pay $300 a month in rent.

″I feel betrayed,″ Gallardo said. ″I never thought my children would turn against me. My grandchildren, my great-grandchildren, no one comes to visit me.″

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