Breaking Story: Oakland Housing Authority loses appeal in mass eviction case

Breaking Story: For Immediate Release:

From: Lynda Carson- Contact #510/763-1085

---Breaking News as of Sunday February 11, 2007---

February 11, 2007

Oakland Housing Authority (OHA) loses appeal to overturn judge's decision that blocked the mass evictions of 35 families from Oakland's Lockwood Gardens public housing units

Oakland, CA-- In a stunning setback for the Oakland Housing Authority (OHA) in it's efforts to evict 34 families from Oakland's Lockwood Gardens public housing units after accusing them of being unlawful occupants (squatters), the Court of Appeal in the State of California, denied the OHA's latest writ filed on or around November 6, 2006, to overturn Alameda County Superior Court Judge Winifred Smith's past rulings that blocked the OHA mass evictions from taking place in Oakland.

In a Feb. 11, 2007 dated e-mail, from Oakland's Eviction Defense Center, Attorney Jorge Aguilar, it says;

"The court of appeal summarily denied the OHA's writ to overturn Judge Smith's decision. It is a tremendous victory for the families."

Attorneys representing the tenants facing eviction at Lockwood Gardens:

Attorney: Jorge Aguilar may be reached at:
Eviction Defense Center 510/452-4541 or cell phone #925/451-2198

Attorney: Bob Salinas may be reached at: 510/663-9240

Attorney/s: Laura Lane and Marc Janowitz of the East Bay Community Law Center, may be reached at: 510/549-4040

The latest ruling should be posted soon at the Alameda County Superior Court website:

(Some of the eviction cases are known as, Case Numbers; WG06261513, WG06261330, HG06261524)

Here’s how to look up the cases:
Go to: http://www.alameda.courts.ca.gov/courts/
Click on “Case Summary” -- Enter Case#, and then click on “Register of Actions”


Review of OHA Mass Eviction story:

On or around March 10. 2006, 35 families at Oakland's Lockwood Gardens public housing units were terrified to receive late night visits from the Oakland Housing Authority Police, who served the tenants/families with "5 Day Notices", ordering them to surrender possession of their housing units within 5 days to the OHA, or face eviction in a court of law.

It took sometime for the attorneys defending the tenants/families to discover that a total of 35 families faced eviction, even though it became apparent that many others involved in this case may have been frightened into moving without ever receiving eviction notices from the OHA.

In an attempt for the OHA to disregard and get around Measure EE, (Oakland's Just Cause Eviction Laws), the "5 Day Notices", went further to state that Measure EE was not applicable to this demand because you (tenants) are not the person entitled to the use or occupancy of the Premises.

In other words, the 35 familes were all accused of being unlawful occupants (squatters) by the OHA, despite the fact that the OHA has been accepting rent payments from these same families for many months, before accusing them of being squatters.

Many tenants/families refused to move (20 families or more), after receiving the threatening "5 Day Notices", and with the help of their attorneys, they successfully fought their evictions, at every turn.

Eviction Court Proceedings:

A) On March 28, 2006, the OHA filed it's first action to evict (35 families) in the Alameda County Superior Court.

B) The attorneys representing the tenants responded by filing a demurrer, which Judge Winifred Smith sustained, with leave to amend.

C) On June 6, 2006, the OHA filed it's First Amended Complaint, alleging causes of action for forcible detainer, ejectment, declatory relief, quiet/recission and tresspass.

D) On July 10, 2006, the attorneys representing the tenants/families filed a demurrer to each cause of action of the First Ammended Complaint.

E) On July 28, 2006, the OHA filed a brief in opposition to the July 10, demurrer that was filed on behalf of the tenants.

F) On July 31, 2006, the tenant's attorneys filed a reply brief in support of their demurrer to the First Amended Complaint.

G) On September 20, 2006, the Superior Court granted the tenant's attorneys demurrer, in part.

H) On October 30, 2006, the tenant's attorneys filed a motion to strike the OHA's prayer for relief in it's remaining cause of action seeking possession of the public housing units.

I) It's my belief (Lynda Carson) that on November 6, 2006, the OHA filed an appeal, in the Court of Appeal, in the State of California, against Judge Winifred Smith's latest ruling that blocked the mass evictions at Lockwood Gardens, and that on February 11, I had learned that the appeal filed by the OHA has been denied in the Court of Appeal.


Contact number for Lynda Carson: 510/763-1085


For more on the "Mass Evictions" story, see links below....


Poor Tenants Deceived by Oakland Housing Official Now Face the Nightmare of Mass Eviction

by Lynda Carson May of 2006

Due to an Oakland housing official's acts of fraud, 34 poor families face eviction from Lockwood Gardens, by order of the Oakland Housing Authority. ...

Click below for full story...

http://www.thestreetspirit.org/Mayreal2006/evictions.htm

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Superior Court Judge Blocks Mass Evictions

by Lynda Carson June of 2006

"The court's rulings further reinforces our clients' position that the wrongdoing was done on the part of the Housing Authority." -- Jorge Aguilar, Eviction Defense Center

Click below for full story...

http://www.thestreetspirit.org/June2006/evictions.htm

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Probe into Corruption at Oakland Housing Authority

by Lynda Carson July, 2006

Dissatisfied with the court's rulings, on June 5, 2006, the Oakland Housing Authority amended the complaint against the families at Lockwood Gardens in an ...

Click below for full story...

http://www.thestreetspirit.org/July2006/corruption.htm

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Breaking Story- Oakland Public Housing Tenants Exonerated

by Lynda Carson ( tenantsrule [at] yahoo.com )
Saturday Jul 15th, 2006 1:32 PM

Former Oakland Housing Authority Employee Declares Tenants Facing Eviction At Lockwood Gardens Are Innocent!

Oakland Public Housing Tenants Exonerated

By Lynda Carson July 14, 2006

A case of fraud and corruption in the Oakland Housing Authority (OHA) took a new turn during the week of July 10, after Carolyn Wilson a former employee of the OHA who was arrested on July 6, and charged with 65 felony counts, declared that the 34 families facing eviction at Oakland's Lockwood Gardens were not aware of any wrong doing or irregularities while moving into their housing units.

From St. Tammany Parish Jail, Lousiana; "I want people to know that the 34 families facing eviction by the Oakland Housing Authority at Lockwood Gardens were not aware of any wrong doing on their part, while moving into their public housing units," said Carolyn Wilson.

Wilson was arrested in Covington, LA., while working at a service company called Protocol, by the St. Tammany Parish Sheriff's Department. "The Police came into our company and contacted the manager, and then they called Ms. Wilson away from her desk and arrested her," said Protocol's Human Resource Director, Courtney Toledo.

Click below for full story...

http://www.indybay.org/newsitems/2006/07/15/18288225.php

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Oakland Judge Refuses to Let OHA Evict Poor Families

"There was not a shred of evidence to show that the tenants did something wrong, or even knew that something was wrong when they went through the process of moving into public housing." -- Laura Lane, East Bay Community Law Center

by Lynda Carson October 2006

Click below for full story...

http://www.thestreetspirit.org/October2006/evictions.htm