Mr. Randall Davis made a special appearance today in court on behalf of Hillsdale apartment owner, Mr. Anil Dwivedi who was also present in court.
Janssen Malloy's Mr. Jeff Slack and Ms. Megan Yarnall are representing Don Swall and Vanessa Vachon. I did not see them in court.
A few more details came out argument by Mr. Davis in today's hearing that were not available before.
Today, was not a win for either side. It was a mixed outcome.
Retired Judge John Feeney issued a temporary restraining order only pertaining to Hillsdale Apartments and not 333 E street. A hearing on the preliminary injunction is scheduled for March 10. Matters may resolve before then.
Today's hearing was a request by Mr.Slack and Ms. Yarnall for a temporary restraining order and order to show cause why a preliminary injunction should not issue regarding 1140 Hillsdale, rent increases and eviction.
"The action has been mooted," Mr. Davis said to Retired Judge John Feeney. "I have been speaking with Mr. Slack on this issue." Mr. Davis said tenants were "served notice on January 26 that rents would be going up."
Mr. Davis said after Legal Services of Northern California got involved on behalf of the complaining tenants; they were informed the notices would be rescinded and rent would only be increased "as allowed by law. This was done orally as of last night. It will be put in writing."
Mr. Davis said, " Dwivedi Tower will be rescinding rent increases to all tenants. The rent increase will be 8.8%"
Mr. Davis said the "Tenant Protection Act is new" and "interpreting it...The action Mr. Dwivedi took", Mr. Davis cited California Civil Code," has waiver to the Tenant Protection Law. That does not mean there cannot be a meeting of the minds. I don't think a restraining order is necessary."
"I need to comment on 333 E street," said Mr. Davis. "There is no declaration to that; it is a rent controlled building. Rates are set by HUD. I don't think that should be a part of the litigation. The rent increase was rescinded two weeks ago. The class action suit is not necessary." Mr. Davis requested "we reconvene next week."
"The key word I heard in Mr. Davis' argument is will," said Mr. Slack. "Relief is needed today. We need something in writing that the tenants will not be evicted as of 2/28. This act of contrition was after we filed our application. I haven't seen anything in writing about 333 E being HUD."
"The January 26 letter about eviction has been rescinded," said Mr. Davis. "He addressed it orally two weeks ago. He has rescinded it in writing which I gave to Mr. Slack before court. I have those emails to Vachon and Swall. My client was served with the class action suit minutes before the hearing."
"It looks like matters are moving to a resolution," said Judge Feeney. "The potential harm to the plaintiffs outweighs the potential harm to Mr. Dwivedi. Temporary restraining order will issue just to Hillsdale. It will not pertain to Eureka Central Residence."
I did a post on Vachon and Swall's claims before any other media covered this issue.
https://johnchiv.blogspot.com/2025/02/since-i-took-over-i-have-completely.html?m=1
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