Introduction to the Case
In her entire law career, Sarah McCracken has never seen anything like the email she received on June 25. McCracken, a tenants’ rights lawyer at Tobener Ravenscroft, is currently representing a Latino family suing a landlord and real estate agent for illegal eviction after being kicked out of their Baldwin Park home last year.
Background of the Lawsuit
A few weeks after being served, amid a series of ICE raids primarily targeting Latino communities in L.A. County, Rod Fehlman, the lawyer who appeared to be representing the agent at the time, sent McCracken’s team a series of emails disputing the lawsuit and urging them to drop the case. He ended the correspondence with this: “It is also interesting to note that your clients are likely to be picked up by ICE and deported prior to trial thanks to all the good work the Trump administration has done in regards to immigration in California.”
Reaction to the Comment
“It’s racist,” McCracken said. “Not only is it unethical and probably illegal, but it’s just a really wild thing to say — especially since my clients are U.S. citizens.” The comment arrived as ICE raises tensions between landlords and Latino tenants. According to California Atty. Gen. Rob Bonta, ICE has been pressuring some landlords to report their tenants’ immigration status.
Legal Implications
Bonta’s office issued a consumer alert on Tuesday reminding landlords that “it is illegal in California to discriminate against tenants or to harass or retaliate against a tenant by disclosing their immigration status to law enforcement.” Fehlman didn’t respond to requests for comment, nor did the clients he seemed to be representing: real estate agent David Benavides and brokerage Majesty One Properties, Inc. Fehlman’s role in the case is unclear; following requests for comment from The Times, Benavides and the brokerage responded to McCracken’s complaint using a different law firm.
The Eviction
From 2018 to 2024, Yicenia Morales rented a two-bedroom condo in Baldwin Park, which she shared with her husband, three children and grandson. According to her wrongful eviction lawsuit filed in May, the house had a slew of problems: faulty electricity, leaks in the bathroom, bad ventilation, and a broken heater, air-conditioning unit and garage door. “There was a lot that needed to be fixed, but we accepted it because we were just happy to find a place to live,” Morales said.
Lawyer Tactics
Depending on your interpretation of California’s Business and Professions Code, Fehlman’s comment could be illegal, McCracken said. Section 6103.7 says lawyers can be suspended, disbarred or disciplined if they “report suspected immigration status or threaten to report suspected immigration status of a witness or party to a civil or administrative action.” In addition, the State Bar of California bans lawyers from threatening to present criminal, administrative or disciplinary charges to obtain an advantage in a civil dispute.
Racial Profiling Concerns
You could argue that Fehlman’s email isn’t a threat. He never said he’d call ICE himself, only claiming that Morales and her family “are likely to be picked up by ICE and deported.” Morales and her entire family are all U.S. citizens. But she said she feels racially profiled because of her last name. “It’s not fair for him to take advantage of that,” she said. “I was born here. I have a birth certificate. I pay taxes.”
Conclusion
The case is still in its early stages. Benavides and Majesty One Properties responded to the complaint on July 17, and McCracken’s team hasn’t officially served the landlord Ruiz yet because they’ve been unable to locate her. In the wake of the ICE comment, communication between McCracken and Fehlman halted. McCracken decided Fehlman’s rant and possible threat didn’t warrant a response, and Fehlman hasn’t said anything else in the meantime. Her team is still deciding how they want to proceed in the wake of the comment, which could justify legal action.
FAQs
- Q: What was the nature of the email sent by Rod Fehlman?
A: The email suggested that the Latino family suing the landlord and real estate agent would likely be picked up by ICE and deported prior to trial. - Q: Are the plaintiffs in the case U.S. citizens?
A: Yes, Yicenia Morales and her entire family are all U.S. citizens. - Q: What is the current status of the case?
A: The case is still in its early stages, with Benavides and Majesty One Properties having responded to the complaint, but the landlord Ruiz yet to be officially served due to her current unlocatable status. - Q: What legal implications could Rod Fehlman’s comment have?
A: Depending on interpretation, Fehlman’s comment could be considered illegal under California’s Business and Professions Code, potentially leading to disciplinary action against him. - Q: How has the ICE comment affected the plaintiffs?
A: The comment has caused the family additional distress, with Morales expressing feelings of being racially profiled and fearing potential action from ICE, despite being U.S. citizens.
