January 2014 Vol. 14, Issue 1
Oakland City Attorney Barbara Parker 
News from the Oakland City Attorney's Office
In This Issue:
Win in lead paint lawsuit
City wins appeal in drug nuisance case
About:
  

  
Resources:
  
Request public records using Oakland's new on line system
  
Join Our Mailing List
      

Last Tuesday, January 7th, marked my first anniversary as Oakland's elected City Attorney, and nearly 2.5 years since I took office. I am thankful for the opportunity to work every day to provide top notch legal services and leadership for the City of Oakland.

 

We have continued to pursue our mission: to improve and enhance the quality of life for all of Oakland's neighborhoods, residents and businesses; to ensure honesty, fairness and transparency in City Hall; and to use the law in an innovative and visionary way so that all of Oakland is safer and more livable, and our rights, interests and taxpayer resources are protected.

 

With your inspiration, ideas and help, we have accomplished a lot. A few examples: We launched an initiative to crack down on illegal dumping; we shut down two hotels that were centers of prostitution, including child prostitution; we won a record $15 million judgment against a company that defrauded immigrant families in Oakland; we filed suit to prohibit the federal government from shutting down the City's medicinal cannabis dispensary program; we continued our lawsuits to hold big banks and financial institutions accountable for price fixing in violation of antitrust laws; and we worked hard every day to represent the City in court, to provide exceptional legal advice on major projects like the Oakland Army Base development, and to do the important day-to-day, behind-the-scenes work that is necessary to keep our City government running.

 

We begin a new year with Oakland once again showing its resilience in the face of great challenges. As we witness the emergence of Oakland, our state and the entire country from the so-called "Great Recession," our crown jewel is shining even brighter. To realize our full potential, we must make sure that all Oakland residents have the opportunity to participate and join in our city's success story.

 

I and my dedicated team of attorneys and support staff will do everything in our power in 2014 to make Oakland a safer, healthier and an even greater city for all of its residents.

 

As always, I look forward to your comments, thoughts and questions about how we are conducting the City's business.

 

Very truly yours,

 

Barbara J. Parker

Oakland City Attorney 
Oakland and Nine Other Municipalities Win Landmark $1.15 Billion in Lead Paint Lawsuit  
Court victory against lead paint manufacturers provides $103.5 million for Oakland and other Alameda County homeowners to remove toxic lead paint

Fourteen years ago, Oakland and nine other cities and counties filed a public nuisance lawsuit against major lead paint makers to eliminate lead hazards in hundreds of thousands of California homes. California v. Atlantic Richfield Co., 1-00-CV-788657, California Superior Court, County of Santa Clara (San Jose)

 

The Santa Clara County Superior Court's January 7 final decision is a stunning defeat for the lead paint industry. The court's order ends the industry's perfect record of successfully defending public agency lawsuits seeking damages to remove lead paint from homes and apartments that were built before 1978.

 

This is an exceptional victory for Oakland, Alameda County's largest City, and the other nine local governments, including Los Angeles County, the City and County of San Francisco and the City of San Diego.

 

Oakland and the other plaintiffs will be able to draw upon a $1.15 billion fund to pay for home inspections, lead removal and repairs.

 

Oakland likely will be eligible for most of the $103.5 million allocated to Alameda County because the majority of homes in the county that were built before 1978 are in Oakland. 

 

Judge James Kleinberg found three paint manufacturers -- Sherwin-Williams Co., NL Industries Inc., and ConAgra Grocery Products Co. -- created a public nuisance by selling lead paint, notwithstanding the fact that the companies knew the paint was dangerous.

  

This lawsuit was hotly contested, and the defendants have vowed to appeal. Lead-paint makers over the past 24 years have defeated approximately 50 other lawsuits by states and municipalities.

  

In 1978 the federal government banned lead paint for household use due to health hazards. In 2013, federal authorities estimated that 535,000 children have potentially dangerous levels of lead in their blood.  Lead has been associated with a risk of lower IQ, attention disorders and other health problems.

  

The defendants "certainly knew or should reasonably have known that exposure to lead at high levels, including exposure to lead paint, was fatal or at least detrimental to children's health," Judge Kleinberg declared in his decision. "That knowledge alone should have caused each defendant to cease its promotion and sale of lead pigment and/or lead paint for home use. Instead, after becoming aware of the hazards associated with lead paint, they continued to sell it."

 
Judge Kleinberg also wrote that there are thousands of children in California "whose lives can be improved, if not saved, through a lead abatement plan."  Most of those children are poor and/or minority. 

City Attorney Wins Appeal in Drug Nuisance Case

Owners of East Oakland drug house responsible for cleaning up property, must pay about $30,000 to City  

 

The First District Court of Appeal recently upheld a judgment against the owners of an East Oakland home that has been a long term nuisance to neighbors and the community.

 

The home at 2338 88th Avenue has been the location of repeated drug sales, multiple drug arrests and a shooting. Police searches at the property uncovered a rifle and drug sales paraphernalia such as scales and packaging materials.  

 

The City Attorney's Office sued the owners in 2011 after they failed to live up to the terms of a settlement agreement designed to reduce foot traffic and drug activity at the property.
 
In their agreement with the City, the owners promised to take steps to abate the nuisance, such as keeping the front gate locked and changing the locks on the doors. They also agreed to seek restraining orders against individuals responsible for drug activity and evict one tenant. The owners admitted that they did not adhere to the terms of the agreement, and the City won its lawsuit on summary judgment. The defendants later appealed.

The Appeals Court ruling on December 23 maintains the trial court judgment and awards about $30,000 in costs and fees to the City.  

 

The owners are responsible for living up to the terms of their agreement with the City. The City Attorney's Office will monitor the property and will take whatever action is necessary to make sure it no longer poses a nuisance or a danger to neighbors. 
  

Illegal Dumping Enforcement Update 

 

In late 2013, the City Attorney initiated a crackdown on illegal dumping with the Public Works Agency and the City Administrator's Office.

 

Illegal dumping is one of the worst sources of civic blight in our city. Oakland citizens have had enough of this disrespect. 

 

An increasing number of people, many using camera phones, are taking photos and videos of illegal dumping incidents and reporting violators. With the help of photos sent in by members of the public, we are building cases against illegal dumpers and issuing major fines.

 

Results so far:

  • 45 citations issued
  • 5 to 10 additional citations will be issued in the next week
  • Citations typically are in the range of $1,500 -- some have been for $6,000 or more
  • Many dumpers are paying the fines or settling, other citations are going to collections

We will continue to apprise you of the progress of the initiative in this newsletter. Our goal is to recover the costs of removing the illegally dumped items and to provide a disincentive for people to trash Oakland.

 

To report incidents of illegal dumping, go to the Public Works Agency's on line service request page, or go to www.SeeClickFix.com/oakland.

 

Photos of the license plate numbers of vehicles used for illegal dumping are ideal. If a photo is not available, write down the license plate number, and please avoid confrontation when documenting illegal dumping incidents.