Plant ID forum: Please please help? Need tree ID

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Los Angeles
roosterjake
Jun 30, 2017 11:41 AM CST
Frillylily said:

Well, if he were a reasonable person none of this would have happened as it did to begin w so talking to him in a chat isn't going to accomplish anything. I dont' think it is a good idea to take someone to court as a surprise. He needs to just make it clear to him that he is planning to do that IF he is not willing to work out something outside of court. He should at least give him a chance first. But he isn't going to be responsive unless he knows that court is the alternative.


Exactly. He's not nice at all. He first told us he had "permission" to cut it from our landlord Rolling my eyes. when we told him he didn't, he then yelled at us saying "I DON'T NEED TO ASK ANYONE " I told him he didn't have permission. I also seen the guys who cut the tree down the other day. They came back to pull all the grass out. I asked them if they had a license to cut down trees and they said no.
What do you guys think is the next best option going forward?
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Name: Lin
Southeast Florida (Zone 10a)

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plantladylin
Jun 30, 2017 12:50 PM CST
Hmm ... now they're back taking the grass out? I wonder if that was agreeable between both property owners? I'd just let the dissatisfied property owner handle it.
~ Playing in the dirt is my therapy ... and I'm in therapy a lot! ~


Name: Daisy I
Reno, Nv (Zone 6b)
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DaisyI
Jun 30, 2017 6:20 PM CST
I would too. As you are only a tenant, its time to step back and let the property owners handle it.
Life is not a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in broadside, thoroughly used up, totally worn out, and proclaiming...."WOW What a Ride!!" -Mark Frost

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Name: Carol
Santa Ana, ca
Sunset zone 22, USDA zone 10 A.
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ctcarol
Jun 30, 2017 7:26 PM CST
I agree !
Name: Mike
Long Beach, Ca.
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Calsurf73
Jun 30, 2017 10:14 PM CST
I'm in the residential property mgt. business and agree with Daisy when she says to let the property owners hash it out.
Tenants don't have any rights or reasons to be involved in issues like this and could possibly get in legal trouble if they incite confrontation or conflict.
This is why there are "tree lawyers".
If the neighboring "Paul Bunyon" is as disagreeable as described. he just may be some whacko who could go ballistic and do some real "damage".
Los Angeles
roosterjake
Jul 1, 2017 2:48 AM CST
Calsurf73 said:I'm in the residential property mgt. business and agree with Daisy when she says to let the property owners hash it out.
Tenants don't have any rights or reasons to be involved in issues like this and could possibly get in legal trouble if they incite confrontation or conflict.
This is why there are "tree lawyers".
If the neighboring "Paul Bunyon" is as disagreeable as described. he just may be some whacko who could go ballistic and do some real "damage".


Thank you Big Grin the only reason I'm involved is because the landlord asked for my help. English is his second language and asked if I could help in anyway possible . He said he doesn't understand law but wants advice on if he should take him to court. That's why I'm asking you all. Smiling that's why I'm doing any of this. Thanks everyone for everything Group hug
Name: Sue
Ontario, Canada (Zone 4a)
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sooby
Jul 1, 2017 4:43 AM CST
I'm in a different country and don't know how things work there, but my understanding is that lawyers will often give a brief consultation for free to determine whether you have a case or not. Maybe that's something you could look into.

Have we now given up on identifying the tree, because the questions asked to that end have not been answered? Mike's suggestion seems plausible but not if the tree didn't have red berries Smiling

[Last edited by sooby - Jul 1, 2017 4:45 AM (+)]
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Name: Daisy I
Reno, Nv (Zone 6b)
Not all who wander are lost
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DaisyI
Jul 1, 2017 9:25 AM CST
I thought Pittosporum was a good suggestion but yes, we need the rest of our questions answered before we can give a final ID.

This website is for anything and everything to do with plants. We should stay out of the legal profession.
Life is not a journey to the grave with the intention of arriving safely in a pretty and well preserved body, but rather to skid in broadside, thoroughly used up, totally worn out, and proclaiming...."WOW What a Ride!!" -Mark Frost

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[Last edited by DaisyI - Jul 1, 2017 9:26 AM (+)]
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Name: John
Scott County, KY (Zone 5b)
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ViburnumValley
Jul 1, 2017 9:36 AM CST
No one has mentioned it, but roosterjake should contact a local ISA certified arborist that practices in this area. A professional arborist will have experience in these situations, and can gather all the necessary and pertinent information/data for someone who may decide to litigate.

This person can confirm the identification of the species, and make determinations as best possible on age, health, location, size, etc. which leads to an objective valuation of that which has been destroyed.

John
springfield MO area (Zone 6a)
I was one of the first 300 contributors to the plant database! Plant Identifier
Frillylily
Jul 1, 2017 9:45 AM CST
If any of the stump is left? I would think if it is eucalyptus it would smell. Stump sniffing! What would the neighbors think of that Rolling on the floor laughing
Name: Sherry Austin
Santa Cruz, CA (Zone 9a)
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Henhouse
Jul 2, 2017 8:16 PM CST
It's not a Eucalyptus... Even the smaller growing ones would be bigger after 20 years... Nor is it a Pittosporum or Oak..
I'd look at Syzygium paniculatum (aka Eugenia).. They have a bronzy-red new growth and messy violet fruit. They are evergreen... however, some years back a psyllid became a problem that caused defoliation of parts or all of a tree.. Your tree looks like a shrub that was pruned up as a tree over the years... Looks like there was some sucker growth along the trunk..? That and the narrow-upright growth made me think of Syzygium. They were often used as hedges, and were a staple of the landscape in S. California to - S.F Bay Area up until the psyllid became a problem in the 80's..
Surprisingly, there are few pictures in the database.
https://selectree.calpoly.edu/...

If the bark was shaggy, I'd look at Melaleuca, which also has bronzy new growth, although the leaves are longer..
When counting, try not to mix chickens with blessings.
Los Angeles
roosterjake
Jul 20, 2017 1:16 PM CST
Hey guys! I'm back!
So I talked to my landlord and taking someones advice, told him we should ask the old man that cut the tree down if he would be willing to plant a new tree. The Landlord asked me if I would ask the old man

Two days ago I seen him and politely asked.
"Hello Sir. Rigo, my landlord asked if you would be willing to plant another tree in it's place to avoid court. The old man then looked at me and yelled

*excuse my language, I'm just quoting him*

"WHAT? F*** ***. YOU'RE A PIECE OF **** AND THAT IS ALL MY PROPERTY. TAKE ME TO COURT YOU DUMB M*********, I CAN DO WHATEVER I WANT "
(Edited not to offend anyone)

I then walked away very calm and feel ready to pursue this more

All in all.

He hired unlicensed workers to cut the tree down.
He completely pulled the tree out of the ground. No stump.
My landlord said the old man asked permission two years ago to cut it down and was denied.
The old man is very very very mean.

Could this go to court?
Please help Thank You!

*Admin edited a bit more.*
[Last edited by Calif_Sue - Jul 20, 2017 7:18 PM (+)]
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Name: Carol
Santa Ana, ca
Sunset zone 22, USDA zone 10 A.
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ctcarol
Jul 20, 2017 1:21 PM CST
You might try calling "Legal Aid" in your area for advice.
Name: Deb
Pacific NW (Zone 8b)
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Bonehead
Jul 20, 2017 1:28 PM CST
Sorry duplicate post see below.
I want to live in a world where the chicken can cross the road without its motives being questioned.
[Last edited by Bonehead - Jul 20, 2017 1:37 PM (+)]
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Name: Deb
Pacific NW (Zone 8b)
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Bonehead
Jul 20, 2017 1:31 PM CST
Your local Bar Association should be able to direct you: https://www.lacba.org/

Sounds like the first thing to establish is precisely where the boundary is between properties, which will likely require a survey. Sounds like a pretty unfriendly neighbor, which is not illegal, just annoying! Ha ha.
I want to live in a world where the chicken can cross the road without its motives being questioned.
Name: Rj
Just S of the twin cities of M (Zone 4b)
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crawgarden
Jul 20, 2017 1:37 PM CST
Don't think it requires a survey, should be on the plat, available at city or county office. Probably on line also. http://zimas.lacity.org/
Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.
[Last edited by crawgarden - Jul 20, 2017 1:39 PM (+)]
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springfield MO area (Zone 6a)
I was one of the first 300 contributors to the plant database! Plant Identifier
Frillylily
Jul 20, 2017 1:59 PM CST
Some cities will locate property lines for you for a fee if it is recorded which it should be.
Contact your state bar association for a referral in your area, or try free legal aid office.
He is very very mean is not going to mean anything in court, only law. Do not let him intimidate you if you do have a case.
You may call your insurance company and ask for an assessor to give you a value for the tree's worth. You may also call some local landscape companies for the same. This would be handy if you do go to court. You would also need to prove that HE cut the tree, he could show up in court and say 'I didn't do it' and then what? Any neighbors that seen it being cut, ect.
Name: Lin
Southeast Florida (Zone 10a)

Region: United States of America Deer Region: Florida Charter ATP Member Million Pollinator Garden Challenge I was one of the first 300 contributors to the plant database!
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plantladylin
Jul 20, 2017 2:02 PM CST
I'm not sure citing that vulgar language in this forum was necessary but that being said ...

The tree is gone and if the person who had it removed refuses to replace it, the only recourse is to file a lawsuit ... which means the property owner who is upset with the loss of said tree should consult with an attorney. If hiring a private attorney is unaffordable, he can contact legal aid and ask about making an appointment for consultation to see what can be done. BUT, the property owner will have to be the one who pursues the case; maybe you can go along with him to help with translation, explanation, etc. Good luck in your endeavor ... I hope something can be done to force the guy to replace the tree with something of similar size.
~ Playing in the dirt is my therapy ... and I'm in therapy a lot! ~


Los Angeles
roosterjake
Jul 20, 2017 2:21 PM CST
plantladylin said:I'm not sure citing that vulgar language in this forum was necessary but that being said ...

The tree is gone and if the person who had it removed refuses to replace it, the only recourse is to file a lawsuit ... which means the property owner who is upset with the loss of said tree should consult with an attorney. If hiring a private attorney is unaffordable, he can contact legal aid and ask about making an appointment for consultation to see what can be done. BUT, the property owner will have to be the one who pursues the case; maybe you can go along with him to help with translation, explanation, etc. Good luck in your endeavor ... I hope something can be done to force the guy to replace the tree with something of similar size.

I deeply apologize for writing out what he wrote. I edited it :)
Name: Lin
Southeast Florida (Zone 10a)

Region: United States of America Deer Region: Florida Charter ATP Member Million Pollinator Garden Challenge I was one of the first 300 contributors to the plant database!
Garden Procrastinator Birds Butterflies Bee Lover Hummingbirder Container Gardener
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plantladylin
Jul 20, 2017 5:40 PM CST
Thumbs up
~ Playing in the dirt is my therapy ... and I'm in therapy a lot! ~


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