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Re: “Oakland Tenants Say Eviction Notices on Rise After Ghost Ship, Call on City Hall For Moratorium

Guess what...I found the applicable law. The California Tort Claims Act SPECIFICALLY EXCLUDES claims arising from a city's failure to inspect a building SO LONG AS the city doesn't itself own the building.

Sorry, but nobody can sue the city here with a ten-foot pole.

Posted by Charles C. Eroster on 12/14/2016 at 8:53 PM

Re: “Hayward's Just Potato Salad and the Ministry of Meat

I've just mixed Q sauce into my standard-issue salad, but I'll show up next time I'm in Hayward..

Posted by Phil Allen on 12/14/2016 at 7:22 PM

Re: “Oakland Tenants Say Eviction Notices on Rise After Ghost Ship, Call on City Hall For Moratorium

People on various thteads keep asserting the city could be sued for this, the city could be sued for that.

No. Cities are subdivisions of the state. There is soveriegn immunity, statutory caps on damages...i will try to get some details and comment more later. Literally pulled my car over to comment.

Show me an instance in California where some city inspector got sued for not inspecting hard enough. This is a CITY not McDonalds.

Posted by Charles C. Eroster on 12/14/2016 at 4:48 PM

Re: “Oakland Tenants Say Eviction Notices on Rise After Ghost Ship, Call on City Hall For Moratorium

I believe the main contention of this article to be in error. If a building is inspected and found to by unsafe for occupancy, no one will be allowed to live there until and unless the safety violations are corrected. If this policy were NOT enforced, the city would be directly liable to be sued for negligence, should another such tragedy occur.

Posted by Tony Marcus on 12/14/2016 at 1:47 PM

Re: “Oakland Tenants Say Eviction Notices on Rise After Ghost Ship, Call on City Hall For Moratorium

does this tenant protection actually apply if the property was rented for commercial use and the lease specified no residential use was permitted? My pessimistic nature is skeptical.

Posted by Sarah Lockhart on 12/14/2016 at 1:25 PM

Re: “Oakland Tenants Say Eviction Notices on Rise After Ghost Ship, Call on City Hall For Moratorium

43K tax value is NOT market value. I think everyone knows a 3 bedroom home in Oakland is FAR more than 43K... And that warehouse is/was MUCH larger. disingenuous at best. A quick craigslist search shows a 1522 sq feet sublease at $2300/mo. 4000 sq ft leasing at 168k/year in jack london square.

43k? really?

Posted by Bruce Ferrell on 12/14/2016 at 1:08 PM

Re: “Letters for the Week of December 14, 2016

I asked Schaaf via FB, if she raised the issue of racist mascots with any NFL owners. No response. I concur, she is a liar and hires worse: Peggy Moore.
Where does the buck stop? (from one who spent 12 years in iffy warehouse spaces in Berkeley and Emeryville for my band. The buck did not stop with Jerry Brown-Ron Dellums and hopefully one-termer Schaaf. Anyone remember when Brown deigned to attend a Council meeting to vote against a 10% low income set aside in buildings seeking height or other zoning variances? At the time, Emeryville and Berkeley had 20% low income set asides. A reason I can afford to live in Arreguin country. We have taken Berkeley back from Bates and his billionaire developer friends. I guess that $$ goes to Skinner and Schaaf now>
Libby Schaaf: Fire the lying, violent, opportunist Peggy Moore before she incorporates you into her game. John Iversen

looks like a great Xpress issue!

Posted by John Tango Iversen on 12/14/2016 at 1:06 PM

Re: “Ryan Gosling, Emma Stone, and La La Land: Same Old Song And Dance

All the trailers for this film left me in a semi-coma. To even remotely compare this film/these actors with Jacques Demy or Umbrellas of Cherbourg (or for that matter, Catherine Deneuve!) is insulting at best. Not only is the singing and dancing VERY crappy but the actors themselves are boring to watch. Eating a dinner of pre-chewed and regurgitated food is more like it.

Posted by Jeanette Sarmiento on 12/14/2016 at 12:52 PM

Re: “Oakland to Vote on $350 Million Public Subsidy for New $1.3 Billion Raiders Stadium This Tuesday

The IFDA is created by our local governments. It issues bonds, spends the money, then pays back the bondholders from property taxes. It assumes that there will be lots of new construction and therefore lots of new property tax income. But if there's not enough new income to pay back the bondholders, the likely outcome isn't bankruptcy, it's renegotiation of the pay back terms, stretching them out so that ourlocal governments can afford the payments. In other words, we'll be on the hook for them and, god knows, probably for the seat licenses as well.

Posted by Mike Bradley on 12/14/2016 at 10:41 AM

Re: “Oakland Tenants Say Eviction Notices on Rise After Ghost Ship, Call on City Hall For Moratorium

Your estimate on those warehouses is WAY HIGH. The one that burned had an assessed value of a mere 43k and it looks like one of the bigger and more valuable buildings.

Assume 100,000 per building times ten. A mere 1 million to divide 36 ways!!! Not including a coupke of injured people.

Your numbers or mine may be off. We need sone actual figures to make this discussion more productive. But I assert 5 million per building is way way high.

Posted by Charles C. Eroster on 12/14/2016 at 8:38 AM

Re: “Oakland Mayor Libby Schaaf on President Trump: 'Move Beyond Anger to Action'

The mayor says. "Oaklanders can rest assured that our government will continue to protect all its residents and defend our progressive values." She needs a good long look in the mirror. Scores died in an unsafe warehouse turned into apartments and artists' center, just 500 feet from a firehouse. Why and how? Basic municipal duties for safe building codes was not a priority while clamoring to be among world leaders on climate change. Abject failure in governing.

Posted by Willard Helander on 12/14/2016 at 8:17 AM

Re: “Oakland Tenants Say Eviction Notices on Rise After Ghost Ship, Call on City Hall For Moratorium

let's assume a market value of 5 million per warehouse, open market value, crappy or not. Not an unreasonable figure.

We can now postulate 50 million. Lawyers get paid FIRST, not after the plaintiff. Doesn't leave "much" for the families. No, it doesn't, less than a million per. But lawyers don't really care.

As to protected by the corporate veil, no problem. The corporation get's sued, not Mr Ng. Value is still vested in the corporation and the property still goes. Separate corporation per building is stupid. It increases tax liabilities to the state and city.

But this isn't a discussion about one particular property holder, it's the general concept that one who owns one or more properties can be held liable for the actions of the lessee and unless s/he is a complete idiot had better make sure it's being run correctly in the light of what happened at ghost ship. Same as if you loan you car to someone. You can and WILL be held liable if they do something stupid with your car and they have no assets. This is why you have insurance. Of course, if you didn't assure they had insurance your insurance run's for the hills leaving you naked.

Posted by Bruce Ferrell on 12/14/2016 at 4:23 AM

Re: “Oakland Tenants Say Eviction Notices on Rise After Ghost Ship, Call on City Hall For Moratorium

The property owner--Chor Ng--owns about 10 buildings. Ok, let's assume those assets are vulnerable to lawsuit...not parceled into separate corporations behind unpiercable corporate veils. Let's assume.

Take the value of 10 somewhat crappy buildings divided among 36 victims minus 30 or 40 percent to the lawyers.

Guess what? It isn't much money. A lawyer might even hesitate to take the case, wondering if he will actually get paid. One need hardly add...but I will...many of the victims had little earning capacity so that reduces damages for the loss of life...though that is more than offset by enormous pain and suffering so it's a wash.

The pressing question that could change this equation of NOT ENOUGH VALUE IN CHOR NG'S ASSETS...

What insurance policies, if any, covered those buildings?

Posted by Charles C. Eroster on 12/13/2016 at 10:59 PM

Re: “Oakland Tenants Say Eviction Notices on Rise After Ghost Ship, Call on City Hall For Moratorium

Unfortunately lawyers look at the fire as a bonanza too. The operator *may* be what is known as judgment proof... But property owner isn't and CAN ultimately be held liable at tremendous costs.

Calling for the property owner to NOT assure the property is being operated correctly is just not real or reasonable. The inspections should proceed. Evictions are a whole different issue and have to be addressed differently.

Those are probably being done by the operators or the property owner may be vacating the lease issued to the operator. For all intents and purposes the landlord is the lease holder. If the lease holder is operating the property under condition other than the ones s/he stated in the contract... Now we come to the insurance company... Which then vacates any liability insurance the owner holds.

Unicorns and elf pee are wonderful, but just because we don't like these things, doesn't mean they go away. In the wild, I can plug my ears, shout LA LA LA LA LA YOU don't exist, but the lion will still eat me.

Posted by Bruce Ferrell on 12/13/2016 at 10:26 PM
Posted by Tia Katrina Taruc Canlas on 12/13/2016 at 6:37 PM

Re: “Best Car Repair

An honest mechanic with integrity like you mentioned in the last paragraph is worth their weight in gold! At my wrecker service we've had the unfortunate situation of recommending a couple bad mechanics which in turn makes our business look bad. So it's safe to say it's just something we are a lot more careful and picky and choosy with anymore!

Posted by Little Rockie on 12/13/2016 at 6:33 PM

Re: “Class Action Lawsuit Alleges Caltrans Is Violating Homeless People's Constitutional Rights

Doesn't seem very cost effective Caltrans! Fresno had an identical policy and it resulted in a ~$1.5 million settlement in favor of the homeless plantiffs,…

Posted by Chantrea Nok on 12/13/2016 at 4:27 PM

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Re: “Beware a Bigger Clitoris

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Posted by Mouton Janis on 12/13/2016 at 7:45 AM

Re: “A Year of Development, Displacement, and Inaction

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