DA’s Homelessness Suit Against City Dismissed

By Robert J. Hansen | OBSERVER Staff Writer Sacramento County District Attorney Thien Ho speaks to reporters and Sacramento residents Sept. 19, hours before serving the city with a lawsuit over homeless encampments. Robert J. Hansen, OBSERVER A superior court judge ruled May 6 to dismiss most of Sacramento County District Attorney Thien Ho’s lawsuit against the city on its response to homelessness. In a final ruling, Judge Jill Talley sustained the city’s demurrer challenging the legal sufficiency of the claims made in the case. Judge Talley precluded all causes of action in the DA’s amended complaint based on the city’s “separation of powers” defense. That defense prevents any branch of the government from exercising authority constitutionally delegated to another branch, according to Yale Law. Talley also ruled the case’s first and second causes of action for nuisance failed as a matter of law. The DA’s office has 30 days to file a second amended complaint, which it said it intends to do. In an email to The OBSERVER, the district attorney’s office said that in the seven months since it filed the lawsuit, the city has done more work on enforcement and compliance than in the last seven years....