Below is a summary of the most recent impact work of Legal Aid of the Marin, The list includes two cases handled as the Marin/Napa entity "Legal Aid of the North Bay."
CURRENT AND RECENT IMPACT ADVOCACY
Affordable Housing:
Legal Aid is advocating on several fronts for the creation and implementation of Housing Elements and the development of affordable housing in the County of Marin. Specific efforts include work on the creation of an Affordable Housing Overlay Zone for the unincorporated areas in Marin, the creation of affordable units as part of the Central Larkspur Area Specific Plan (CLASP), presentations regarding specific affordable housing projects in the cities of San Rafael, Novato and San Anselmo.
MONIQUE LeSAGE, ET AL, v. LCT, INC., ET AL ("Villas at Hamilton"), Marin County Superior Court, No. CV 050970 (filed 2005). We represent low income current and former tenants of the Villas at Hamilton - ostensibly a senior affordable housing development at the former Hamilton Air Force Base in Novato. The Defendants enticed seniors to move into the development on short leases with promises that rents would be kept low. But the new landlords raised rents as soon as the tenants' six-month leases expired - by as much as 14%. The landlords were sued under both the California Unfair Business Practices Statute and the Elder Financial Abuse protections of W&I 15610. This case was successfully settled in principle in early 2006.
CONTEMPO MARIN HOMEOWNERS ASSOCIATION V. MANUFACTURED HOME COMMUNITIES, INC., Marin Superior Court No. CV006355 (filed December 28, 2000). Co-counsel: Hanson, Bridgett, Marcus, Vlahos & Rudy. This mobilehome park is subject to a local rent control ordinance. In violation of that ordinance, and of an arbitrator's award, the park owner, a Chicago-based corporation that owns 150 mobilehome parks in 26 states, attempted increase rents by several hundred thousand dollars more than what it was entitled to impose. The Park owner has been extremely aggressive in its attempts to increase profitability, including bringing a federal lawsuit to challenge the rent ordinance's vacancy control provision. Our motion for summary judgment was granted on two key causes of action, and upheld on writ review by the court of appeal. This matter was successfully settled in early 2006 with the sole remaining issue that of attorneys' fees sought on behalf of the plaintiff's counsel.
Housing Discrimination:
Substandard Housing Conditions:
Workers’ Rights Cases:
Legal Aid has worked with many employees whose rights have been violated:
ANA BERNABE, ET AL. V. AMK ENTERPRISES, ET AL. (Jack-In-The-Box Case), Marin superior Court No. CV051781 (filed April 22, 2005) Co-Counsel Karen C. Carrera, Virginia Villegas and Mark Talamantes of Talamantes/Villegas/Carrera, LLP. Owners of two local restaurants failed to pay overtime, provide meal and rest periods, sexually harassed employees, and maintained unsafe work conditions, among other allegations.
DEMECIO GUTIERREZ, ET AL., V. MAGRUDER., ET AL (MARIN McDONALD'S), Marin Super. Court No. CV-043269 (filed July, 2004) Legal Aid of Marin, brought this class action suit together with co-counsel Talamantes/Villegas/Carrera and Chavez & Gertler against the Marin County franchisee of McDonald's Restaurants, Michael Magruder. The suit alleges that the chain has engaged in several schemes for cheating workers out of overtime, rest breaks, and lunch breaks, shaving employee time from payroll reports, and in some cases, having employees work under more than one name (the worker would have to punch out after eight hours, then punch in under the second name to avoid incurring overtime). In February, 2005, the Plaintiffs obtained a restraining order to stop the Defendants from intimidating workers into signing individual settlement agreements.
MARIO TORRES, ET AL., V. SHERATON OPERATING CORP., ET AL., Marin Super. Court No. CV-034402 (filed November 7, 2003) Legal Aid of Marin and Four Points by Sheraton San Rafael (the “Hotel”) successfully negotiated a settlement regarding alleged wage and hour claims at the Hotel. The settlement provides that the Hotel will pay a monetary amount to former and current employees who worked at the Hotel from April 27, 2000 until June 30, 2004, as well as attorneys’ fees. The Hotel has agreed that it will conduct training of staff to ensure compliance with wage and hour laws that require employees to be given rest breaks, uninterrupted meal breaks, and proper payment of overtime.
The settlement results from a lawsuit filed against the Hotel in October 2003 on behalf of employees who worked in the laundry/housekeeping, maintenance/repair, and restaurant/banquet departments. Plaintiffs alleged that the employees were not receiving overtime pay and, in some instances, were not paid for missing meal and rest breaks, and on rare occasions, worked off-the-clock. The Hotel denied the allegations. An outreach campaign will attempt to locate and contact all current and former hourly workers who were employed by the Hotel from April 27, 2000 until June 30, 2004 in the relevant departments, to encourage them to present claims and participate in the settlement.
Tenant Association Representation:
In addition to our lawsuits for damages, described above, Legal Aid has been very successful in representing tenant associations. As rents have skyrocketed in recent years, many tenants have been pressured to pay large rent increases while enduring substandard housing conditions. In protest, tenants have exercised their right to organize, often facing illegal retaliation.
Access to Justice:
JUSTICE CENTER: Legal Aid of Marin, together with other providers of legal services and the Marin Community Foundation, are participating in a major endeavor literally across the street from the Marin County Civic Center where the courts are located.
LEGAL SELF HELP CENTER OF MARIN: The Executive Director of Legal Aid is a member of the Board of Directors of this new organization that was founded in 2003. In addition, Legal Aid together with the Marin County Courts has successfully applied for IOLTA partnership funding for the Self Help Center.
SELF HELP CLINICS: In conjunction with our pro bono (volunteer lawyer) activities, Legal Aid conducts clinics, including: (1) dissolution of marriage (in English and Spanish); (2) family law advice & motions; (3) bankruptcy and debtors’ rights; (4) weekly advice only clinic; (5) labor and employment; (6) immigration; and (7) eviction defense.
Major Litigation
Legal Aid of Marin: 30 N. San Pedro Rd., Suite 220, San Rafael, CA 94903
PHONE: (415) 492-0230 | FAX: (415) 492-0947
Established in 1958
