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City of Sacramento asks judge to dismiss 'deeply flawed' lawsuit from district attorney

Last month, the district attorney filed a lawsuit against the city saying the city has failed to address the homelessness crisis and keep streets safe for everyone.

SACRAMENTO, Calif. — The City of Sacramento is calling on a judge to dismiss a lawsuit from the county's district attorney that alleged they have failed to address the homeless crisis and keep people safe.

In a news release, city officials called the lawsuit “deeply flawed," adding that it will only be a “staggering expense to taxpayers” and drain on resources. Court documents show the city is also claiming it is immune from liability for all claims asserted by the DA.

“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.”

Last month, the Sacramento County District Attorney Thien Ho filed a lawsuit against the city alleging it has failed to address the homelessness crisis and keep streets safe for everyone.

The district attorney wants a judge to force the city to address the homelessness crisis. That lawsuit came after the district attorney sent a letter to city leaders threatening legal action if there were no major changes to the homeless response within 30 days.

“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.”

In response, the district attorney's office said they’ll be filing a response in court, calling the city’s motion a “common and expected legal tactic.”

“Our office has received a copy of the City of Sacramento’s demurrer to our complaint. This is a common and expected legal tactic. Our office will be filing a response in court. The Sacramento District Attorney’s Office remains steadfast in our mission to protect public safety and we will continue to do our part to ensure that the unhoused are not left forgotten on the streets and that all residents of Sacramento live in a safe and just community,” said District Attorney Thien Ho.

The motion is set for a hearing Jan. 5, 2024.

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