The City of Sacramento has filed a motion asking the court to rule a lawsuit filed by the Sacramento County District Attorney is invalid and cannot proceed.
The motion, known as a demurrer, points out that claims made in the DA’s lawsuit are precluded by California law limiting a district attorney’s ability to pursue certain types of civil claims. Another claim, the motion argues, is not supported by the evidence presented in the lawsuit.
“The filing in this case is deeply flawed, and from a legal perspective, is unsound from every angle. It fails the most primary tests in terms of its legality and viability,” said Susana Alcala Wood, Sacramento city attorney. “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 Sacramento County Superior Court is expected to rule on City’s motion following a hearing set for Jan. 5, 2024.
“District Attorney Ho has good ideas, and he holds a position from which he can work with the City to help achieve meaningful, lasting regional solutions to the effects of the homelessness crisis on our streets and neighborhoods,” Alcala Wood said. “But filing an action that runs counter to the law is not the way to do that. We continue to seek his participation as we work with partners at the County and State level to remedy the conditions identified in the lawsuit and bring the meaningful change that the community deserves.”
See the filings below: