Sacramento asks court to toss ‘deeply flawed’ homeless lawsuit by DA Thien Ho

Sacramento officials are asking a Superior Court judge to toss out District Attorney Thien Ho’s lawsuit over the city’s handling of the homeless crisis, arguing that he has exceeded his authority and has no evidence to support his claims.

“The filing in this case is deeply flawed, and from a legal perspective, is unsound from every angle,” City Attorney Susan Alcala Wood said in a statement Tuesday. “It fails the most primary tests in terms of its legality and viability.

“We believe the court will see this and correctly bring an end to a case that can’t hope to achieve anything beyond staggering expense to taxpayers and a drain on both City and court resources.”

The move follows the September filings of lawsuits by Ho and an attorney for residents and business owners claiming that city officials have not done enough to halt the spread of homeless camps throughout Sacramento.

The motion filed Tuesday, known as a demurrer, says Ho has ignored “numerous, laudable” efforts by city official to deal with homeless issues, and that he lacks authority “to bring an action for private nuisance.”

“Sacramento County District Attorney Thien Ho’s complaint is as surprising as it is novel,” the city’s motion states. “But those are not admirable qualities when they lead to a waste of government and judicial resources.

“This demurrer is necessary to stem further waste of those resources, because underlying the complaint’s novelty is its legal untenability.”

The city argues that Sacramento “neither caused nor assisted in causing the allegedly criminal acts that are the gravamen of the DA’s Complaint” and that Sacramento has immunity from such a lawsuit.

The motion also contends the lawsuit fails to take into account numerous efforts by city officials to address homelessness, including the creation of the Department of Community Resources to respond to complaints about camps, passage of a measure to provide more shelter space and an ordinance against homeless camps blocking sidewalks or building entrances.

“The homelessness crisis and its effects are not fit for judicial resolution through this lawsuit,” the motion says. “This is practically and politically true.”

“It is also legally true that this lawsuit is inappropriate,” the motion adds. “The complaint is a constitutional overreach.

“Besides the self-evident oxymoronic nature of the DA asserting private claims on behalf of the People, he has exceeded the powers granted to him by the state constitution and the California Legislature.”

Ho said in a statement Tuesday that his office had received the demurrer, which he called “a common and expected legal tactic.”

“Our office will be filing a response in court,” Ho added. “The Sacramento District Attorney’s Office remains steadfast in our mission to protect public safety and we will continue to do our part to ensure that the unhoused are not left forgotten on the streets and that all residents of Sacramento live in a safe and just community.”

The district attorney has noted previously that the city’s own statistics show officials have failed to enforce the sidewalk ordinance by issuing citations to homeless campers.

The city says a hearing on the motion is expected Jan. 5.

“The essence of the DA’s Complaint is that the City has not enforced its laws,” the motion says. “Yet the prayer for relief is so vague and ambiguous one cannot determine what ‘lawful’ remedy is being sought.

“The DA seeks injunctive/equitable relief, but what possible injunction or relief could be had? Force the city to ‘enforce the law?’

“By what means — requiring the police to cite people? Requiring the City Attorney to prosecute City Code misdemeanors? Require the City Council to enact additional ordinances or policies?

“None of that is possible, as to do so would be an unconstitutional exercise of judicial power.”

The motion also renews a complaint city officials have voiced that Ho should be working together with them to address the crisis rather than going to court.

“Sacramento County District Attorney Thien Ho has far exceeded the role of the office to which he was elected by bringing this civil litigation against the city,” the motion states. “Some of the grounds upon which this case are brought are so misguided it is surprising a taxpayer lawsuit has not been brought...

“The People of the State of California deserve better. The challenges of homelessness are best met through cooperation across all levels of government than through accusations and confrontation.

“As Mayor (Darrell) Steinberg has aptly stated, ‘Let’s get to work.’”

‘I urge you to reconsider,’ city attorney tells DA

The court filing followed a meeting between Alcala Wood and Ho on Monday, according to a terse set of emails between the two that was obtained by The Sacramento Bee.

Alcala Wood reached out to Ho on Friday seeking a meeting “to sit down and chat about the case,” her email said.

That meeting took place at a coffee shop on Monday, and was followed by an email from Alcala Wood to the DA Tuesday morning informing him of the plan to move forward with the motion and asking that they work together.

“I know one thing with certainty: this litigation is not the answer,” Alcala Wood wrote, adding that she had considered a suggestion from Ho to delay filing to allow for mediation to be scheduled.

“As promised, I gave your suggestion to delay the filing of our demurrer to allow time to schedule a mediation, with your commitment to use all of your influence to get the County to the mediation, considered thought,” she wrote. “I must decline.

“I tried everything in my power to dissuade you from taking a litigation route and repeatedly asked you to work with me on more effective strategies. Yet here we are. So I will be filing the City’s demurrer as planned.”

Alcala Wood added that she believes Ho intends “to respond with some kind of ‘scorched earth’ amended complaint that will target certain individuals, including the Mayor – who in your words ‘won’t like it’ and ‘won’t easily recover from it.’

“I will so advise the Council. But please keep in mind that doing so pretty much negates your words to me and others that you did not bring this lawsuit for political reasons – so I urge you to reconsider that tactic.”

Ho took issue with her characterization, writing back that he had not used such incendiary terms.

“The purpose of our meeting yesterday was to discuss the benefits of judicial mediation and to avoid protracted litigation that will ultimately result in the City being held responsible for creating, enabling, and exacerbating the unhoused crisis,” Ho wrote. “While I will address your email in more detail at a later time, I do want to address some quotes that you have incorrectly attributed to me.

“For example, I did not use the terms ‘scorched earth’ or made comments that certain individuals ‘won’t easily recover from it.’ In our discussions, I did mention that the original complaint that my office filed was tempered as to the actions and inactions of City officials and employees regarding their handling of the unhoused crisis.

“Since that time, my office has discovered evidence of malfeasance perpetrated by City agents which will now be described in further detail in an amended complaint that will be filed shortly. This has always been about public safety, and those that have failed to protect our communities.”

Alcala Wood responded to Ho’s email.

“So noted,” the city attorney replied. “Yes the term ‘scorched earth’ was my characterization of your description.

“Again, the litigation is one thing and will take its course as litigation does. However, the invitation to work together on a resolution is continued and sincere.”

This story was originally published October 17, 2023 at 1:38 PM.