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L.A.’s eviction defense program up in the air amid battle with city attorney

The Legal Aid Foundation of Los Angeles routinely sues the city — and wins.

In the last two months, the nonprofit has notched victories in three lawsuits over the city’s handling of the homelessness crisis.

Legal Aid also defends tenants at risk of eviction as part of the city and Los Angeles County’s Stay Housed L.A. program.

Last Tuesday, the City Council was set to vote on a $177-million contract for Legal Aid to continue representing tenants for the next three years, with other groups providing related services.

But the night before the vote, City Atty. Hydee Feldstein Soto sent a confidential memo to council offices recommending that council members “reconsider the award of such a large contract to a frequent litigant against the city,” according to a portion of the memo obtained by The Times.

On the day of the scheduled vote, the council delayed it for a week, until Tuesday.

“[Legal Aid’s] mission includes improving the lives of our client communities through systemic change, which sometimes means filing litigation against government entities engaging in illegal conduct,” Barbara Schultz, director of housing justice for Legal Aid, said in an interview.

Schultz said that Legal Aid’s litigation and eviction work “are entirely separate.”

Through a spokesperson, Feldstein Soto declined to comment. She is running for reelection this year.

The contract, which would last for three years, would award nearly $107 million to Legal Aid for eviction defense and prevention, $42 million to the Southern California Housing Rights Center for short-term emergency rental assistance, nearly $22 million to Liberty Hill Foundation for tenant outreach and close to $7 million to Strategic Actions for a Just Economy to protect tenants from harassment.

The battle over the contract has serious implications for Los Angeles tenants at risk of eviction, Schultz said.

Legal Aid, which has participated in the program since its inception in 2021, will have to stop accepting new clients if the contract does not pass on Tuesday. Each month, about 160 tenants will be without legal representation and about 575 more won’t get advice that could help them avoid eviction proceedings, Schultz said.

Schultz said that Legal Aid subcontracts some of the legal work in the program to groups such as Bet Tzedek and Inner City Law Center.

“We get 600 to 800 eviction filings each month in our district alone. If council doesn’t act, those families will have no help from the city,” City Councilmember Hugo Soto-Martínez said in a statement.

The Stay Housed L.A. program has opened about 26,000 cases overall, providing full representation for 6,150 cases and working on nearly 20,000 “limited scope” cases, according to data from Legal Aid. The original contract, which is set to lapse at the end of the month, was for about $90 million.

Measure ULA, the “mansion tax” passed by city voters in 2022, includes funding for the program.

Last June, Feldstein Soto tried to block the City Council from extending the contract without a competitive bidding process, a core tenet she has preached as the city’s elected legal counsel.

At the time, some City Council members grumbled, but still, they opened the contract to bidders.

Months later, the city Housing Department awarded the contract to Legal Aid and the other organizations before sending it to the City Council for approval.

“Our understanding of the city’s contracting process is that it is trying to get the best services it can at the best value and not using the process to influence the political or legal activities of nonprofit advocacy organizations,” Elizabeth Hamilton, deputy director of Strategic Actions for a Just Economy, which has also filed lawsuits against the city, said in a statement.

Feldstein Soto’s confidential memo cited other potential issues with the contract, calling for an audit of Stay Housed L.A. and asserting that a confidentiality clause in the original contract might violate state public records laws.

Recently, Legal Aid has scored several victories against the city.

In January, a judge ruled that the city violated the state’s open meeting law when council members made a plan behind closed doors to sweep 9,800 homeless encampments. Legal Aid represented the plaintiffs in that case.

In February, with Legal Aid also serving as plaintiffs’ counsel, a judge ruled that the city lacked the legal authority to carry out a state law allowing the dismantling of abandoned or inoperable RVs worth up to $4,000.

That same month, Legal Aid scored another victory when a federal judge found that the city violated homeless people’s constitutional rights by seizing and destroying their property during encampment cleanups.

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L.A. firefighter testifies that Lachman fire was not fully put out when crews were ordered to leave

A Los Angeles firefighter said in sworn testimony that he sounded the alarm about the inadequate mop-up of the Lachman fire — and was blown off by a captain — days before the embers reignited into the deadly Palisades fire.

The firefighter, Scott Pike, testified last month in a lawsuit brought by Palisades fire victims against the city and the state.

Pike, a 23-year LAFD veteran normally assigned to a station in Sunland, was working an overtime shift on Jan. 2 when he was assigned to pick up the hoses from the Lachman fire. But he said he saw about five areas that were still smoking.

At one ash pit, he said, “I didn’t even want to use my gloved hand because it was hot. So I just kicked it with my boot to kind of expose it, and there was, like red hot, like, coals … that was still smoldering. And I even heard crackling.”

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Pike’s dramatic retelling, which city attorneys initially blocked from release along with transcripts of deposition testimony from 11 other firefighters, corroborates previous reporting by The Times that a battalion chief ordered crews to pack up their hoses and leave, despite signs that the earlier fire was not completely extinguished.

Pike testified that when he reported his observations to other firefighters at the scene, “I felt like I kind of got blown off a little bit.”

Then he tried the captain.

“That’s how I approached him, is like, ‘Hey, Cap … We have hot spots in general. We have some ash pits,’” Pike said of the captain on the scene, whose name he did not know. “That’s an alert to double-check the whole area and maybe we need to switch our tactics.”

Pike testified that it was not his job “to overstep and tell him what to do. He earned that rank.”

The other firefighters, too, seemed eager to “just get this hose picked up,” Pike said, adding that he was working overtime the day after a holiday “because nobody else wanted to work it.”

“It kind of sits heavy with me that nobody listened to me,” he said.

LAFD commanders have insisted that the flames were completely out and barely mentioned the earlier fire in an after-action review report designed to examine mistakes and prevent them from happening again.

Pike said in his testimony that he was never interviewed for the after-action report.

After the firefighters testified over the course of three weeks, city attorneys invoked a general protective order that any party in the litigation can designate testimony as confidential for up to 30 days. A city attorney previously told The Times that this allowed them to review the testimony and determine which parts, if any, should stay confidential.

Days after the firefighters left the scene, high winds reignited the embers into the inferno that destroyed much of Pacific Palisades and killed 12 people.

Alex Robertson, an attorney representing the Palisades fire victims in the lawsuit, said the 11 other firefighters who were deposed testified that the fire was out and that they did not see hot spots or smoldering.

“Only one of the firefighters we deposed had the courage to tell the truth — that his fellow firefighters and captain ignored his warnings that the fire had not been fully extinguished,” Robertson said.

The fire victims allege that the state government, which owns Topanga State Park, failed in the week between the two fires to inspect the burn scar after firefighters left and make sure a “dangerous condition” did not exist on its property.

The LAFD was responsible for putting out the fire, but plaintiffs’ attorneys argue that the state should have done more to monitor the burn scar and ensure the area was safe.

Several California State Parks representatives also testified in the case. Their testimony and text messages show that their initial concern was whether the fire was on parkland and whether firefighting efforts and equipment would harm federally endangered plants and artifacts.

The Times report about crews being ordered to leave the earlier fire, published Oct. 30, described text messages from firefighters indicating that at the scene of the Lachman fire on Jan. 2, 2025, the ground was still smoldering and rocks were hot to the touch.

In one text message, a firefighter who was at the scene wrote that the battalion chief had been told it was a “bad idea” to leave because of the visible signs of smoking terrain, which crews feared could start a new fire if left unprotected.

“And the rest is history,” the firefighter wrote.

A second firefighter was told that tree stumps were still hot when the crew packed up and left, according to the texts. And a third firefighter said last month that crew members were upset when told to pack up and leave but that they could not ignore orders, according to the texts. The third firefighter also wrote that he and his colleagues knew immediately that the Palisades fire was a rekindle of the Jan. 1 blaze.

LAFD officials were emphatic early on that the Lachman fire, which federal prosecutors believe was deliberately set, was fully extinguished.

“We won’t leave a fire that has any hot spots,” Kristin Crowley, the fire chief at the time, said at a community meeting Jan. 16, 2025.

“That fire was dead out,” Chief Deputy Joe Everett said at the same meeting, adding that he was out of town but communicating with the incident commander. “If it is determined that was the cause, it would be a phenomenon.”

The Lachman fire broke out shortly after midnight on New Years Day. A few hours later, at 4:46 a.m., the LAFD announced that the blaze was fully contained at eight acres.

Top fire commanders soon made plans to finish mopping up the scene and to leave with their equipment, according to another set of text messages obtained by The Times through a state Public Records Act request.

“I imagine it might take all day to get that hose off the hill,” LAFD Chief Deputy Phillip Fligiel said in a group chat early the morning of Jan. 1. “Make sure that plan is coordinated.”

At 1:35 p.m. on Jan. 2, Battalion Chief Mario Garcia — whom firefighters said had received the observations about the smoldering ground and hot rocks, according to the private text messages The Times reviewed — texted Fligiel and Everett: “All hose and equipment has been picked up.”

Five days after that, on the morning of Jan. 7, an LAFD captain called Fire Station 23 to say that the Lachman fire had started up again.

In June, LAFD Battalion Chief Nick Ferrari had told a high-ranking fire official who works for a different agency in the L.A. region that LAFD officials knew about the firefighters’ complaints at the Lachman fire scene, The Times also reported.

After the Oct. 30 Times report, Bass directed Fire Chief Jaime Moore, who started the job in November, to commission an independent investigation into the LAFD’s handling of the Lachman fire.

In an interview last month, Moore said he opened an internal investigation into the Lachman fire through the LAFD’s Professional Standards Division, which probes complaints against department members. He said he requested the Fire Safety Research Institute, which is reviewing last January’s wildfires at the request of Gov. Gavin Newsom, to include the Lachman fire as part of its analysis, and the institute agreed. Moore also pointed to the L.A. City Council’s move to hire an outside firm to examine the Lachman and Palisades fires.

Even with the internal investigation underway, Moore said he spoke with the battalion chief who was on duty during the Lachman fire mop-up.

“He swears to me that nobody ever told him verbally or through a text message that there was any hot spots,” Moore said.

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