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Barrington Plaza tenants seek nearly $1M in attorneys’ fees

attorneylegalcounsel99 — Tue, 08 Oct 2024 08:41:07 +0000

PREVIOUS COVERAGE: Barrington Plaza residents win fight against eviction

PREVIOUS COVERAGE: Tenants of the Barrington Plaza apartments who have been fighting their evictions from the West Los Angeles complex won a major victory Thursday when a judge issued a tentative ruling finding the building’s owners improperly ordered tenants to vacate while never intending to “permanently” remove the units from the rental market.

LOS ANGELES – Tenants of the Barrington Plaza apartments in West Los Angeles, who won a major victory in July when a judge finalized a ruling finding the building’s owners improperly ordered tenants to vacate while never intending to “permanently” remove the units from the rental market, are now seeking nearly $1 million in attorneys’ fees.

PREVIOUS COVERAGE: West LA Barrington Plaza residents win fight against eviction

The rent-controlled three-tower complex is owned by Douglas Emmett Inc. and Barrington Pacific LLC, which maintained the evictions were necessary to install fire sprinklers and other fire-safety infrastructure in a complex with a history of dangerous fires. But tenants facing eviction sued in 2023, saying the owners were unlawfully using the 1985 Ellis Act to evict all residents, and that the legislation actually was created to allow mom-and-pop landlords to leave the rental business and take the units off the rental market.

In court papers filed Thursday with Santa Monica Superior Court Judge Jay Ford III in advance of a Jan. 30 hearing, the tenants’ attorneys state that an award of $925,075 in attorneys’ fees is warranted for multiple reasons, including that the plaintiffs’ declaratory relief action “enforced important rights affecting the public resulting in the invalidation of hundreds of eviction notices seeking to oust tenants from one of Los Angeles’ largest rent stabilized apartment complexes, the largest mass eviction in Los Angeles history.”

Moreover, a significant benefit has been conferred on the general public because the lawsuit and the decision handed down was well-publicized and clarified that landlords may not seek to evict tenants under the Ellis Act when the owner only intends to displace tenants temporarily in order to make building repairs, according to the tenants’ attorneys’ court papers.

The tenants had to undertake private legal action because the city of Los Angeles would not file suit on their behalf, according to the tenants’ lawyers pleadings.

After a seven-day nonjury trial, Ford found that building owners Barrington Pacific and Douglas Emmett Inc. violated the requirements of the Ellis Act and the city’s Rent Stabilization Ordinance because they always envisioned returning the units to the rental market after the renovations were completed, even if those renovations took years to complete.

“Based on the preponderance of the evidence, the court finds on May 8, 2023, when Barrington Pacific filed its Notice of Intent to Withdraw Units from Rental Housing Use with the city and served its notice of termination on its tenants, Barrington Pacific did not intend to permanently remove those apartments from the rental market under the RSO or otherwise intend `to go out of business’ as contemplated under the Ellis Act,” Ford wrote. “But rather, Barrington Pacific had the intent to `temporarily’ withdraw the apartments in Barrington Plaza from rental use with the specific intent to relet those apartments as soon as it completed its planned renovations to all the apartments including installing fire and safety improvements, fire sprinklers, and other modernization upgrades, all which Barrington Pacific planned for and expected would take three to five years to complete.”

Tenants’ attorney Fran Campbell argued during the trial that a landlord “who is evicting its tenants under the Ellis Act to make repairs is not `going out of business.’ It is improving its property so it can increase its rents in the future, which is part of the business of landlording.”

PREVIOUS COVERAGE:

The defense is appealing Ford’s rulings.

In October 2013, a fire erupted on the 11th floor of one of the complex’s towers, injuring two people, including a young girl, and displacing 100-150 residents. In January 2020, a fire began on the seventh floor, killing a 19-year-old exchange student from France and injuring about a dozen others, including three firefighters and a 3-month-old child.

Located at the corner of Wilshire Boulevard and Barrington Avenue in West Los Angeles, eight floors in one of the complex’s three towers have been red-tagged and out of service since that 2020 fire. According to the building owners, renovation plans were submitted to the city later that year, but the city’s approval was conditioned on installation of sprinklers and other “life- safety equipment” throughout all three towers.

Building owners said last year the renovations were expected to cost more than $300 million. Attorneys for the owners argued during the trial that the renovations would likely mean extensive rebuilding of the buildings’ interiors and the apartments, meaning the existing units will essentially be demolished.

Barrington Plaza was built in 1961, prior to the 1974 ordinance requiring sprinklers in new high-rise buildings.

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OC DA Spitzer slams Gascón for ruling out death penalty against alleged cop killer

attorneylegalcounsel99 — Tue, 23 Jan 2024 14:42:42 +0000

PREVIOUS COVERAGE: LASD deputy shot in patrol car

A Los Angeles County Sheriff’s deputy was shot while on duty in their patrol car outside the Palmdale Sheriff’s Station. The deputy was taken to the hospital in critical condition.

ORANGE COUNTY, Calif. – Orange County District attorney Todd Spitzer released a statement in response to Los Angeles District attorney George Gascón’s announcement of charges in the killing of LA County Sheriff’s Department deputy, who was slain in Palmdale on Saturday, Sept. 16.

In a press conference on Wednesday, Sept. 20, Gascón announced that he would seek the “maximum penalty allowable under the law” for Kevin Salazar, the man suspected of killing Clinkunbroomer. Gascón, who charged Salazar with one count of murder, vowed to seek “life without the possibility of parole” during Wednesday’s press conference.

Spitzer said that Gascón’s statement was a “lie,” in his response posted on X, formerly known as Twitter, on Thursday, Sept. 21.

“The death penalty still exists in California – no matter how much George Gascón and Gov. Gavin Newsom want to pretend it doesn’t,” said Spitzer in his statement. “In fact, California law allows the death penalty to be sought if a police officer is murdered.”

PREVIOUS COVERAGE: Suspect arrested in LASD deputy’s killing

Kevin Salazar was arrested for allegedly shooting and killing Deputy Ryan Clinkunbroomer in Palmdale. Officials said they want Salazar prosecuted to the fullest extent of the law, while his family said he was mentally ill.

The OC district attorney went on to say that Gascón had already decided that “the deputy’s death wasn’t worth going through the special circumstances analysis,” a process by which officials decide whether a suspect should receive the death penalty or life without parole.

PREVIOUS COVERAGE: Gascón: Ryan Clinkunbroomer was a superstar deputy

Los Angeles County District attorney George Gascón spoke on the death of deputy Ryan Clinkunbroomer, who was believed to be shot execution-style.

By doing so, Spitzer said that Gascón “cares about sparing the life of the executioner,” more than the “newly engaged lawman” who was left “bleeding to death behind the steering wheel.”

Deputy Ryan Clinkunbroomer was shot and killed Saturday, Sept. 16, after a vehicle approached his patrol car near the Palmdale Station, according to Los Angeles County Sheriff Robert Luna.

Surveillance video from the scene appeared to show a black vehicle pull up alongside the patrol car. No shots are visible, but the car is seen speeding away while the deputy’s cruiser rolls slightly forward before coming to a stop.

PREVIOUS COVERAGE: Ryan Clinkunbroomer’s fiance reacts to shooting

Brittany Lindsey, the grieving fiance of Ryan Clinkunbroomer, speaks on the shooting that killed her would-be husband.

After a good Samaritan found Clinkunbroomer unconscious in his patrol car, he was rushed to Antelope Valley Medical Center in Lancaster, where he later died.

The suspect, later identified as Salazar, was arrested Monday morning after a standoff with authorities at the home he shared with his family in Palmdale, according to authorities.

“While law enforcement officers across the nation grieve the loss of yet another officer murdered in the line of duty,” said Spitzer, “They too must cope with the knowledge that justice for the men and women behind the badge is nowhere to be found the Los Angeles County Hall of Justice – as long as George Gascón is the district attorney.”

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Mom accused of drowning 9-year-old in bathtub: CA officials

attorneylegalcounsel99 — Thu, 30 Nov 2023 20:17:59 +0000

A 32-year-old mom was arrested after being accused of drowning her 9-year-old daughter in a bathtub, California officials said.

Getty Images/iStock photo

A mom was arrested after being accused of drowning her 9-year-old daughter who used a wheelchair, California officials said.

On Nov. 24, the girl’s body was found after police performed a welfare check at her Westminster home, McClatchy News previously reported.

The girl’s mother, Khadiyjah Aliyyah Pendergraph, 32, is accused of drowning her daughter, who could not speak, in the bathtub before leaving her body for days, according to Nov. 28 news release by the Orange County District attorney.

The girl’s dad called police to report his daughter was missing and request a welfare check after getting “concerning messages” from Pendergraph “regarding their daughter,” officials said.

He had tried to pick his daughter up for Thanksgiving, but the apartment’s door was locked and no one answered, prosecutors said.

“While families across America sat down to Thanksgiving dinner with their loved ones, this little disabled girl’s lifeless body was left to rot in a bathtub after being drowned by her own mother,” Orange County District attorney Todd Spitzer said in the release. “Words simply do not exist to express the utter heartbreak knowing this little girl could not even scream for help as her mother pushed her underwater and cut her life so tragically and so unnecessarily short.”

Pendergraph was arrested in a grocery store parking lot and has been charged with murder, officials said. If convicted, she faces 25 years to life in prison.

Westminster is about 30 miles southeast of Los Angeles.

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Attorneys for homeless coalition say city workers inadequately trained on clearing encampments

attorneylegalcounsel99 — Sat, 07 Oct 2023 05:45:33 +0000

article

A homeless encampment in San Francisco.

SAN FRANCISCO – Attorneys for the Coalition on Homelessness say most staff with San Francisco Public Works are inadequately trained on policies when it comes to interacting with unhoused populations and clearing their encampments. This allegation was part of a new court filing submitted on Friday.

In a case of ongoing litigation, San Francisco is being sued by the Coalition on Homelessness and a group of homeless individuals. In December 2022, a judge temporarily barred the city from encampment sweeps if it didn’t have a housing option for those who are “involuntarily homeless.”

Friday’s filing, submitted by the plaintiffs, says the city continues to defy that injunction.

The filing claims city records show the only formal training for city workers in dealing with clearing encampments includes a 30-minute PowerPoint presentation, which doesn’t mention the court injunction, nor does it explain the city’s procedures in a meaningful way when it comes to handling unhoused individuals’ personal property.

“The City has shown this presentation only three times, and produced no records of how many people ever saw it,” a press release on behalf of the plaintiffs read.

Last month, the city received clarification from a federal court on who exactly is considered to be “involuntarily homeless.” Mayor London Breed, said that clarification ended “months of confusion” and that the city could once again move forward with the clearing of encampments.

Plaintiffs say the city is making things worse.

“San Francisco has once again demonstrated that it has taken effectively no real steps to follow its own sound policies for how to address street homelessness,” said Zal K. Shroff, acting legal director from Lawyer’s Committee for Civil Rights of the San Francisco Bay Area. He’s also one of the attorneys representing the plaintiffs. “The City’s abject failure to adequately train its staff is making San Francisco’s homeless problem worse. It’s time for Mayor Breed and the City to get serious about complying with the court’s order.”

Attorneys for the plaintiffs say the city provided no evidence that training sessions include guidance on how to give notice before and after removal of property. “Sign-in sheets show that from November 2022 to August 2023 just 57 Department of Public Works employees out of 1,800 had attended a single one of these informal sessions,” the attorneys press release read.

The Coalition’s attorneys say “property destruction campaigns” make it harder for the unhoused to exit homelessness and that property seized in encampment clearings can include; medication and other survival equipment, work equipment and sentimental belongings, in violation of not only the U.S. Constitution, but the city’s own policies and federal guidelines.

San Francisco Public Works provides information on their website for their ‘Bag and Tag process’. The process outlines procedure for pre-removal notice and indicates that owners of collected personal property may retrieve their items at the Public Works Operations Yard located at 2323 Cesar Chavez Street.

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The Coalition on Homelessness is a nonprofit that organizes homeless people and front line service providers to protect their rights. A spokesperson had previously told KTVU that they want police presence removed from teams of city workers who clear encampments.

“The City’s halfhearted efforts at complying with the injunction are irresponsible,” said John Do, senior staff attorney with ACLU of Northern California, who also represents the plaintiffs. “The fact is that the problem of homelessness in San Francisco can be improved, but only if the City adequately trains all of its staff who regularly interact with the unhoused population.”

MORE: Ruling denies San Francisco’s request to ease encampment removal ban

KTVU reached out to SF Public Works for comment on this story. A spokesperson referred us to the City attorney‘s Office due to ongoing litigation.

Jen Kwart, a spokesperson from City attorney David Chiu’s office, said these were “unsupported accusations.”

Kwart said the judge in this case required the city to submit filings on a number of narrow subjects and that the city has complied. “It seems Plaintiffs either did not understand or took issue with what the Court asked the City to do. Our filing clearly demonstrates that the City has trained and continues to train employees interacting with unhoused individuals on compliance with the City’s policies and the preliminary injunction.”

Kwart said the plaintiffs are attacking them for not providing information the court didn’t request nor required. “It seems like maybe the Plaintiffs wanted Judge Ryu to ask us for more information.”

The city attorney‘s office said Friday’s filing does not impact the city’s response to homeless encampments and that a judge has not ruled on anything related to this filing. In addition, they said the city is complying with the preliminary injunction.

“The City offers shelter to the unhoused individuals who staff reach out to during encampment resolutions. The City is following its bag and tag policy, which the Plaintiffs agree is constitutional.”

7 Principles for Addressing Encampments, according to the United States Interagency Council on Homelessness

Principle 1: Establish a Cross-Agency, Multi-Sector Response
Principle 2: Engage Encampment Residents to Develop Solutions
Principle 3: Conduct Comprehensive and Coordinated Outreach
Principle 4: Address Basic Needs and Provide Storage
Principle 5: Ensure Access to Shelter or Housing Options
Principle 6: Develop Pathways to Permanent Housing and Supports
Principle 7: Create a Plan for What Will Happen to Encampment Sites After Closure

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Search for missing immigration attorney leads to Atwater Village

attorneylegalcounsel99 — Fri, 18 Aug 2023 15:39:47 +0000

Search for missing attorney leads to Atwater Village

A missing persons report has been filed for Jared Shadeed, an immigration attorney from the East Coast. On Thursday, his vehicle was found in LA’s Atwater Village.

LOS ANGELES – The search to find an attorney who vanished while on a road trip to Seattle has led authorities to Southern California.

Family and friends have been desperately searching for Jared Shadeed, an immigration attorney from the East Coast. He was last known to be staying at a short-term rental in Seattle’s Capitol Hill area.

FOX 11 exclusively obtained surveillance video from his family that shows him checking into an Airbnb he rented in Seattle on July 30. In another video, it shows him bringing in his luggage, computer and phone before he leaves moments later.

Ring video shows Jared Shadeed in Seattle on July 30, 2023.

That’s the last time he was seen and officials said he left all of his belongings behind.

RELATED: Missing immigration attorney‘s car found in Los Angeles

On Thursday, Aug. 17, his Volkswagen SUV was found in Los Angeles’ Atwater Village neighborhood where investigators believe it was left on or around Aug. 4. The vehicle even has a parking ticket on the windshield since it hasn’t been moved in days.

Now, there’s also a note on the vehicle’s windshield written by his friends that says in part, “If you see this, please know that your friends miss you and we love you.”

Shadeed’s friends were in the LA area Thursday with Los Angeles Police Department investigators after they were informed by a private detective his vehicle was parked there.

His family said Shadeed is a graduate of Duke University and had been living his dream in Washington D.C. working as an immigration attorney. Recently, they said the 27-year-old quit his job and took off on a road trip that included visiting LA and driving up the coast to Seattle.

“We’re here to support him, find him, and we’re willing to do everything that we can to make sure he’s ok,” said his college friend, Ayan Nur-Bramwell.

Concern continues to grow over his wellbeing and it’s unknown if it was Shadeed who left the vehicle in Atwater Village.

His loved ones are hoping the LAPD will take over the investigation, who has been working with Seattle PD. The family told FOX 11 Seattle authorities have yet to run Shadeed’s financial records, Uber account, and other ways that could help find him.

Those with information on Shadeed’s whereabouts are asked to contact the police.

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