Mayor of Escalon CA settles lawsuit for COVID eviction and fraud claim

[ad_1]

Reggie Refuerzo at his home in Escalon, Calif. On Wednesday, February 3, 2021. Although he has declared his inability to pay his rent after testing positive for COVID-19, Refuerzo is battling an eviction he received of the property management company. Andy Alfaro [email protected]

Escalon Mayor Ed Alves and a landlord paid a tenant a settlement of $ 12,500 this month, ending a lawsuit alleging they violated the COVID-19 eviction moratorium and the law Californian last December.

Reggie Refuerzo received the settlement after leaving Escalon’s rental on October 15 and released them from all claims, his lawyer said, including allegations that Alves used the influence of his elected post.

Refuerzo sued Alves and property owner Mary Lou York in January, alleging they attempted to evict her despite declaring her inability to pay rent after testing positive for COVID-19. In the trial, Refuerzo claimed that Alves brought police to the property, threatened to arrest him and said he came to the house on municipal business. Refuerzo further alleged that Alves shut down his water service and told city staff not to restore it.

Alves did not respond to requests for comment on the settlement by phone, text or email. Lawyer Joseph Muller, who represented Alves and York, said he could not comment on confidential clients’ cases. Alves told The Bee in a Feb.5 article that he collects rent payments and provides building maintenance for York.

The mayor also previously said Refuerzo was a squatter and did not have a sublet for the house, where Refuerzo’s mother and boyfriend previously lived. Police officers came to the home visit for his safety and that of Refuerzo, Alves added.

Dustin Dyer, the lawyer representing Refuerzo, said he was unsure whether the town of Escalon would reprimand Alves for the allegations.

“It seems the city has turned a blind eye to Alves’ actions and has gone on as usual,” Dyer said in an email. “Given the lack of repercussions from the city, I doubt that Alves or any elected officials have learned any lessons from this dispute and that the abuse of his position will continue. “

Alves has served on the Escalon City Council since 1994; voters elected him for his fourth non-consecutive term as mayor last year.

Police Chief Robert Lackey did not respond to questions by phone or email. Lackey previously declined to comment on the trial in February, but said city officials did not have a particular priority for civil standby requests. The measure aims to prevent potentially tense situations from escalating into violence in the presence of an agent.

Escalon settlement authorized to relocate

In addition to receiving the $ 12,500 settlement, Dyer said Refuerzo had not paid rent for almost a year. Instead of Refuerzo paying York and Alves more than $ 4,000, Dyer said they agreed to pay the net damages to his client and deduct the rent from the settlement payment.

Refuerzo initially sued for punitive damages of at least $ 100,000 in January, but Dyer said York increased court costs when she subsequently filed a deportation complaint against Refuerzo, her mother and her. boyfriend. Fighting two lawsuits and needing a place to live forced Refuerzo to settle in, Dyer said.

“It became apparent that it was better for him to move on and have something in his pocket so that he could move into another location that would have a security deposit and a little buffer to allow him to pay the first two months of rent, “Dyer said in a telephone interview.

Lawyer Benjamin Rowe, who represented York in the second trial, did not respond to messages left at his law firm.

Due to the circumstances, Dyer said his company did not charge Refuerzo an hourly or standard contingency fee rate. Refuerzo was able to move into a new rental on October 15, Dyer added.

Related stories from Modesto Bee

Kristin Lam is a senior reporter for The Modesto Bee covering Turlock, Patterson and Ceres. Previously, she worked for USA TODAY as a breaking news reporter and earned a journalism degree from San Jose State.

[ad_2]