Keri Common v. Santa Barbara Unified School District, et al.

Case Number

Case Type Civil Law & Motion Hearing Date / Time Wed, 06/24/2026 - 10:00 Nature of Proceedings Verified Petition for Writ of Mandate Tentative Ruling For Petitioner Erika E. Szell: Self represented For Respondents Housing Authority of the City of Santa Barbara and Rob Fredericks: James Burns, Burns Law Group

For the reasons set forth herein, Petitioner Erika E. Szell's petition for writ of mandate is continued to September 2, 2026, at 10 am. On or before July 29, 2026, Petitioner shall file and serve the record of the administrative proceedings described or at issue in the petition. To the extent any party contends that Petitioner is not required to produce an administrative record, that party shall, on or before July 29, 2026, file and serve a supplemental brief explaining, with reasoned argument, why a record of administrative proceedings is not required to be filed in this case. The parties shall not, apart from the administrative record or supplemental briefing described herein, file any further papers in support or in opposition to the petition.

Background

Petitioner Erika E. Szell (Petitioner), who is a neurodivergent individual with a Doctor of Nursing Practice, alleges in these proceedings that they have been a tenant at 7210 Davenport Road in Goleta, California (the Residence) since July 19, 2017. (Petition, P.P. 8, 17 & 19.) Throughout Petitioner's tenancy at the Residence, Petitioner was the primary occupant, and a co-tenant while Petitioner's mother, Susanna M. Vadas (Vadas), lived at the Residence. (Petition, P. 19.) On March 16, 2021, Petitioner and her brother were designated as Durable Powers of Attorney for financial and medical decisions for Vadas. (Petition, P. 20.)

In 2022, Vadas underwent a series of life threatening medical events, including breast and colon cancer which required multiple surgeries. (Petition, P. 21.) In response to Vadas' declining health, Petitioner decided to forgo a professional nursing salary to provide 24 hour specialized care to Vadas. (Petition, P. 22.) Petitioner transitioned to the County of Santa Barbara (the County) In-Home Supportive Services (IHSS) program, the primary purpose of which is to enable elderly and disabled individuals to remain safely in their own homes as an alternative to out of home care. (Petition, P.P. 22 & 34.)

Petitioner earned approximately $17 per hour to remain in the Residence