Following District Attorney Ho's lawsuit announcement, Sacramento Homeless Union promises counter legal action

Earlier today, Sacramento County District Attorney Thein Ho followed through on his earlier issued threat and filed a lawsuit against the c...

Earlier today, Sacramento County District Attorney Thein Ho followed through on his earlier issued threat and filed a lawsuit against the city of Sacramento. The lawsuit contends the city has not adequately addressed the city's homeless population in violation of California Code Section 3480.

Not surprisingly, Sacramento has pushed back on Ho's characterizations of the city and the lawsuit while defending itself. A statement released this afternoon said, "The City has attempted to work with the District Attorney multiple times in recent months, stating that collaboration is the best path forward. However, it sadly appears the DA would rather point fingers and cast blame than partner to achieve meaningful solutions for our community. The City looks forward to responding to the DA's claims in court."

Adding another dimension to the battle, a third party, who is not part of Ho's lawsuit but involved in related federal litigation against the city is the Sacramento Homeless Union. Their email statement was titled "Homeless Union Will File to Intervene in Thien Ho's Suit Against City of Sacramento." 
Their statement said:

The real target of D.A. Ho’s fraudulent lawsuit is not the City of Sacramento: The real targets are the thousands of unhoused residents of this city who are in the cross-hairs of both sides.

Under California Code of Civil Procedure Section 387 “[the] court may, upon timely application, permit a nonparty to intervene in the action or proceeding if the person has an interest in the matter in litigation, or in the success of either of the parties, or an interest against both.” (CCCP § 387, Emphasis added.)

Both the City and the D.A. are complicit in the ongoing persecution of the unhoused and we will continue to take on both sides to protect the interests of our members. Accordingly, the Homeless Union, as soon as practicable, will be filing a Motion and Complaint for Intervention in the Superior Court.

In addition, the Union has already been contacted by Chief Trial Counsel for the State Bar of California in response to the official complaint we filed against D.A. Thien Ho two weeks ago for violating the Rules of Professional Conduct, including for his letter of August 7, 2023 demanding that the City resume the clearing of homeless encampments in defiance of a federal Court Order.

As for the City of Sacramento, we are now drafting our Answering Brief in the Ninth Circuit Court of Appeals where the City has gone to challenge the injunctions that District Judge Nunley properly issued at the height of this summer’s heatwave. We are confident that we will win in the Ninth Circuit.

As eviction moratoriums end and thousands more continue to lose their housing, the number of homeless persons will continue to grow, neither D.A. Ho’s meritless lawsuit nor the City’s policy of clearing encampments can or will solve the problem. That is why we intend to intervene in this lawsuit, not just for the unhoused, but for all Sacramentans who may soon find themselves without a place to live.

Attorneys for the Sacramento Homeless Unon filed their complaint with the California State Bar on September 7. That complaint can be viewed here

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