Lincoln Place Tenants Win Day In Court
Judge Patricia Collins, has denied AIMCO’s
Motion for Summary Judgment and granted a trial on the merits of the tenants
cases. This means that the remaining seniors and disabled tenants will not be
put on the street any time soon.
These remaining tenants who are under
threat of being evicted from Lincoln Place by their corporate landlord, AIMCO,
went to court Oct. 30 with their attorneys, Amanda Seward and Jan Book, in a
effort to save their homes. They were accompanied by a group of former tenants
and community supporters.
Judge
Collins had previously issued a tentative ruling to grant the landlord AIMCO a
Motion for Summary Judgment.
In oral
arguments, Seward argued that there were a number of material issues which were
in dispute and required a trial. Judge Collins decided to take the case under
submission, and on Nov. 1, ruled that the tenants deserved a
trial.
On Nov. 3, a date for a trial by
jury will be set for 13 Lincoln Place
cases.
If the tenants win, AIMCO will
probably appeal - but the current tenants will remain on the property.
Meanwhile, the Lincoln Place Tenants
Association has an environmental (CEQA) case currently in the Court of Appeals.
It will probably be heard in January. The CEQA case could result in a
precedent-setting opinion which could help all renters in California and return
the power back to the City when tenants are being evicted under the Ellis
Act.
Posted: Wed - November 1, 2006 at 05:40 PM