Oakland, Berkeley, And East Bay News, Events, Restaurants, Music, & Arts
The story reports that the guard had to go into the trunk to obtain the firearm after he was threatened by the trespasser. This is NOT a case of self defense. CA does not have a "stand your ground" law and you DO have an obligation to retreat EXCEPT when you are in your home. In retreating to the saftey of his vehicle (whichwould have allowed him to escape) and thereafter reengaging the trespasser the guard became the agressor, is CRIMINALLY liable for attempted murder and CIVILLY liable for INTENTIONAL battery...not a tort that can be foisted upon another. There are all sorts of other administrative violations that can result in up to loss of guard licenses for both guard and employer. That the guard had "permits" doea not relieve him or his employer from blatantly illegal conduct...even if OPD and the Alameda DA dont file charges.
Waypoint homes is breaking just about EVERY landlord - tennant law on the books in CA. A relative of mine rented one of their properties in Sacramento. Waypoint collected 5 TIMES the legal deposit, refused to maintain the property (problems started with a faucet on the bath that wouldn't turn off and went all the way to lack of heating in the winter). When my relative complained about the lack of heat Waypoint told them to fix it themself. No company would fix it bc the brand new hvac unit was ILLEGALLY installed without proper permits. When theycomplained again they were eevicted. Waypoint failed to return any portion of the illegal deposit and failed to provide an itemized statement of deductions. Their legal counsel at the time was some yahoo straighy out of law school who insisted that no laws were broken and that landlords can require tenants to fix ANYTHING that breaks (clearly not in keeping with the law). Local authorities refused to assist because of how much money Waypoint wad funneling into the area. Avoid corporate landlords like the plague...especially the wholly corrupt and evil Waypoiny homes.
East Bay Express All Rights Reserved
Powered by Foundation