eviction

Michael Avenatti, the lawyer for porn actress Stormy Daniels, was hit with a personal judgment of $4.85 million Monday for his failure to pay a debt to a former colleague at his longtime Newport Beach firm.

Less than an hour after his defeat in the Los Angeles lawsuit, Avenatti suffered another setback at a trial in Orange County: The Irvine Co. won a court order evicting him and his staff from their offices because the firm, Eagan Avenatti, skipped the last four months of rent.

The twin blows came as Avenatti was heading to New Hampshire for his third visit to the state that kicks off the 2020 presidential primaries. The celebrity lawyer is exploring a run for the Democratic nomination. His troubled financial history could emerge as a significant campaign issue if he joins the race.

The personal judgment against Avenatti by Judge Dennis J. Landin in Superior Court in Los Angeles was his latest in a series of courtroom losses in a protracted dispute with Jason Frank, the former colleague.

Eagan Avenatti emerged from federal bankruptcy protection in March after Avenatti promised that it would pay millions of dollars to Frank and other creditors, including the Internal Revenue Service. It has defaulted on nearly every payment that was due.

No one has pursued Avenatti more relentlessly than Frank, who has been fighting in federal court to collect on a $10-million judgment that he won against the firm in May.

“My client has had an awful lot of money owed to him for a lengthy period of time,” said Frank’s attorney, Eric George, “and it has been delayed through one tactic or another. Today, finally, the right thing happened.”

Avenatti has been the managing partner of Eagan Avenatti since its founding in 2007.

He recently told a U.S. Bankruptcy Court judge that his other firm, Avenatti & Associates, wholly owned by Avenatti, had acquired 100% of the equity in Eagan Avenatti, buying out his minority partner, Michael Eagan of San Francisco.

But Avenatti told the Los Angeles Times on Monday that he hadn’t owned Eagan Avenatti for months. He refused to identify the new owner.

“Any judgment issued against me will be deducted from the over $12 million that Jason Frank owes me and my law firm Avenatti & Associates as a result of his fraud,” Avenatti said by email.

No court has found Frank engaged in fraud, and Avenatti is not pursuing any court case alleging that he did. When Frank and two others left Eagan Avenatti to form their own firm, some clients went with them, angering Avenatti.

Frank alleges that Eagan Avenatti cheated him out of millions of dollars in compensation.

As part of its bankruptcy settlement, Eagan Avenatti agreed to pay Frank $4.85 million. Avenatti guaranteed that if the firm missed the deadlines for making the payment, which it did, he would personally be required to pay Frank.

To enforce the personal guarantee, Frank sued Avenatti, and on Monday he won the case.

Daniels, the adult film star whose real name is Stephanie Clifford, is represented by Avenatti & Associates, which operates out of the same offices as Eagan Avenatti and uses the same attorneys. Daniels is trying to void a nondisclosure agreement that bars her from discussing her alleged sexual affair in 2006 with Donald Trump.

Last week, a judge dismissed the defamation suit that Avenatti filed on Daniels’ behalf against Trump, finding the president was exercising his right to free speech when he attacked her credibility on Twitter.

Avenatti had another reversal last month at the confirmation hearings of Supreme Court Justice Brett M. Kavanaugh. The Senate Judiciary Committee refused to interview an Avenatti client, Julie Swetnick, who alleged that Kavanaugh attended a 1982 party where where she said she was gang-raped.

In the Santa Ana trial, 520 Newport Center Drive LLC, an arm of the Irvine Co., alleged that Eagan Avenatti missed $213,254 in rent payments over the last four months for its ocean-view suite on the 14th floor of an office building at Fashion Island.

Nobody from Eagan Avenatti showed up for the trial.

Superior Court Judge Robert J. Moss ordered the firm to vacate the premises and pay the landlord the full amount of overdue rent. He also canceled the remaining three months of the lease. If the firm fails to move out, it could take a few weeks for the Orange County Sheriff’s Department to enforce the eviction.

In court papers filed by Avenatti, the firm claimed it deducted the cost of needed repairs from its rent payments but did not receive proper credit.

The Irvine Co. denied that the offices needed any serious repairs. And the lease, signed by Avenatti, says the tenant “understands that it shall not make repairs at landlord’s expense or by rental offset.”

At the short morning trial, Mark A. Kompa, an Irvine Co. attorney, called just three witnesses. He asked one of them, Irvine Co. assistant manager Abigail Yocam, what happened to the last rent payments received from Eagan Avenatti in July.

She testified: “The checks bounced.”

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Twitter: @finneganLAT

UPDATES:

3:55 p.m.: The article was updated with the testimony of Irvine Co.’s Abigail Yocam and background on Stormy Daniels and the Brett Kavanaugh confirmation hearings.

1:45 p.m.: The article was updated with additional details on the court cases.

11:50 a.m.: The article was updated with background on Michael Avenatti exploring a run for president and the Stormy Daniels litigation against President Trump.

11:15 a.m.: The article was updated with a comment from Michael Avenatti, background on Eagan Avenatti and the eviction judgment.

The article was originally published at 10:15 a.m.

Benito Flores, who more than five years ago seized a state-owned home in El Sereno to protest against homelessness in Los Angeles, has died.

A 70-year-old retired welder, Flores had been fighting to remain in the home. Last month, he and a group of supporters prevented Los Angeles County Sheriff’s Department deputies from evicting him from a small duplex on a narrow street in El Sereno.

As part of the eviction defense, Flores constructed an elaborate tree house 28 feet high in an ash tree in the home’s backyard, where he planned to retreat if police attempted to haul him out.

In the six weeks since the failed eviction attempt, Flores continued to fortify the property, including building additional defenses in a second tree in the backyard. Supporters believe that Flores died after falling out of that tree.

On Friday afternoon, a neighbor found him unresponsive on the ground near the tree with his safety harness broken, said Roberto Flores, who operates a private community center in El Sereno and helped organize the ongoing protests.

“He’s a martyr for human rights, for the decent right of housing for everyone,” said Roberto Flores, who is not related to Benito.

Benito Flores was the final holdout in a protest that captured nationwide interest when it began in March 2020.

Flores and a dozen others occupied empty homes owned by the California Department of Transportation, which the agency acquired by the hundreds a half-century ago for a freeway expansion that never happened.

The activists, who call themselves “Reclaiming Our Homes,” argued that the true crime wasn’t breaking into empty houses, but rather that publicly owned homes were left vacant while tens of thousands of people lived on the streets of Los Angeles.

Backed by a wave of public support, the dozen “Reclaimers” were allowed to stay legally in Caltrans-owned homes for two years through a temporary lease agreement managed by the Housing Authority of the City of Los Angeles. When that expired in late 2022, Flores and many Reclaimers attempted to remain in the properties, saying the alternatives offered by the housing authority were insufficient to keep them permanently housed.

But as eviction threats mounted, some of the protesters began accepting settlements to leave and others were evicted. Flores continued the fight.

He told The Times on the eve of the June eviction attempt that he wanted to make a statement about political leaders failing to provide housing for all who need it. Flores suffered from diabetes and said if he was removed he would have had no other option except to sleep in his van — where he lived for 14 years before the home seizure.

“Who is supposed to give permanent housing to elders, disabled and families with children?” Flores told The Times last month. “It is the city and the state. And they are evicting me.”

About 50 mourners gathered at Flores’ home Friday night for a vigil and ceremony honoring his life and activism. His body, covered with a white sheet, remained in the backyard and supporters placed flowers on it after paying their respects.

The official cause of death remains under investigation. Personnel from the L.A. County Medical Examiner arrived at the property Friday evening to remove the body and begin their examination.

WASHINGTON — With two conservatives in dissent, the Supreme Court on Monday turned down a property-rights claim from Los Angeles landlords who say they lost millions from unpaid rent during the COVID-19 pandemic.

Without comment, the justices said they would not hear an appeal from a coalition of apartment owners who said they rent “over 4,800 units” in “luxury apartment communities” to “predominantly high-income tenants.”

They sued the city seeking $20 million in damages from tenants who did not pay their rent during the COVID-19 pandemic.

They contended the city’s strict limits on evictions during that time had the effect of taking their private property in violation of the Constitution.

In the past, the court has repeatedly turned down claims that rent control laws are unconstitutional, even though they limit how much landlords can collect in rent.

But the L.A. landlords said their claim was different because the city had effectively taken use of their property, at least for a time. They cited the 5th Amendment’s clause that says “private property [shall not] be taken for public use without just compensation.”

“In March 2020, the city of Los Angeles adopted one of the most onerous eviction moratoria in the country, stripping property owners … of their right to exclude nonpaying tenants,” they told the court in GHP Management Corporation vs. Los Angeles. “The city pressed private property into public service, foisting the cost of its coronavirus response onto housing providers.”

“By August 2021, when [they] sued the City seeking just compensation for that physical taking, back rents owed by their unremovable tenants had ballooned to over $20 million,” they wrote.

A federal judge in Los Angeles and the 9th Circuit Court of Appeals in a 3-0 decision dismissed the landlords’ suit. Those judges cited the decades of precedent that allowed regulation of property.

The court had considered the appeal since February, but only Justices Clarence Thomas and Neil M. Gorsuch voted to hear the case of GHP Management Corp. vs. City of Los Angeles.

“I would grant review of the question whether a policy barring landlords from evicting tenants for the nonpayment of rent effects a physical taking under the Taking Clause,” Thomas said. “This case meets all of our usual criteria. … The Court nevertheless denies certiorari, leaving in place confusion on a significant issue, and leaving petitioners without a chance to obtain the relief to which they are likely entitled.”

The Los Angeles landlords asked the court to decide “whether an eviction moratorium depriving property owners of the fundamental right to exclude nonpaying tenants effects a physical taking.”

In February, the city attorney’s office urged the court to turn down the appeal.

“As a once-in-a-century pandemic shuttered its businesses and schools, the city of Los Angeles employed temporary, emergency measures to protect residential renters against eviction,” they wrote. The measure protected only those who could “prove COVID-19 related economic hardship,” and it “did not excuse any rent debt that an affected tenant accrued.”

The city argued the landlords are seeking a “radical departure from precedent” in the area of property regulation.

“If a government takes property, it must pay for it,” the city attorneys said. “For more than a century, though, this court has recognized that governments do not appropriate property rights solely by virtue of regulating them.”

The city said the COVID emergency and the restriction on evictions ended in January 2023.

In reply, lawyers for the landlords said bans on evictions are becoming the “new normal.” They cited a Los Angeles County measure they said would “preclude evictions for non-paying tenants purportedly affected by the recent wildfires.”

Before the sun rose Tuesday, Benito Flores fortified the front door of his one-bedroom duplex on a narrow street in El Sereno.

Flores, a 70-year-old retired welder, had illegally seized a home five years ago after its owner, the California Department of Transportation, had left it vacant. He’d been allowed to stay for a few months, then was directed to this nearby home owned by the agency, but now it was time to go.

Later in the morning, deputies with the Los Angeles County Sheriff’s Department were scheduled to lock him out.

Flores clearly had other plans. Over months, he’d sawed wooden two-by-fours to use as a brace between the front door and an interior wall to make it harder to breach. He bolted shut the metal screen door. Once Flores was satisfied he’d secured the entrance Tuesday, he retreated to a wooden structure he built 28 feet high in an ash tree in the backyard.

If the police wanted him to leave, they’d have to come get him in his tree house.

“I plan to resist as long as I can,” Flores said.

The homemade structure, 6 feet tall and 3 feet wide, represents the last stand for Flores and a larger protest that captured national attention in March 2020. Flores and a dozen others occupied empty homes owned by Caltrans, acquired by the hundreds a half-century ago for a freeway expansion that never happened. They said they wanted to call attention to the homelessness crisis in Los Angeles.

The issue, Flores said, remains no less urgent today. Political leaders, he argued, have failed to provide housing for all who need it.

“They don’t care about the people,” Flores said. “Who is supposed to give permanent housing to elders, disabled and families with children? It is the city and the state. And they are evicting me.”

For the public agencies involved, the resistance represents an intransigence that belies the assistance and leniency they’ve offered to Flores and fellow protesters who call their group “Reclaiming Our Homes.” The state allowed group members, or Reclaimers, to remain legally and paying rents far below market rates for two years. Since then, the agencies have continued to offer referrals for permanent housing and financial settlements of up to $20,000 if group members left voluntarily.

Evictions, they’ve said, were a last resort and required by law.

“We don’t have any authority to operate outside of that,” said Tina Booth, director of asset management for the Housing Authority of the City of Los Angeles, which is operating the housing program on Caltrans’ behalf.

Four Reclaimers, including Flores, remain in the homes.

Two have accepted settlements and are expected to leave within weeks. The final Reclaimer also has a court-ordered eviction against him, but plans to leave without incident.

Caltrans wants to sell Flores’ home and the other empty houses in El Sereno to public or nonprofit housing providers, which would make them available to low-income residents for rent or purchase.

Flores said evicting him makes no sense because the property is intended to be used as affordable housing that he qualifies for. Flores, who suffers from diabetes, collects about $1,200 a month in Social Security and supplemental payments. If he’s removed, Flores said, he has no other option except to sleep in his van — where he lived for 14 years before the home seizure.

“We are going to live on the streets for the rest of our lives,” Flores said of he and others evicted in the protest group in an open letter he sent to Sheriff Robert Luna last week.

Flores received advance notice of the lockout. His supporters began arriving at 6 a.m. Tuesday to fill the normally sleepy block. Flores already was up in the tree.

Within 90 minutes, more than two dozen people had arrived. They stationed lookouts on the corners. Some went inside Flores’ house through a side door to provide another layer of defense.

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1. Los Angeles County Sheriff’s deputies speak over a fence to Benito Flores on Shelley Street in El Sereno, CA on Tuesday, June 3, 2025. 2. Benito Flores speaks with the media on Tuesday, June 3, 2025 saying that the sheriff’s department that will serve him with eviction lack compassion and that him living on the street will mean facing death.

Gina Viola, an activist and former mayoral candidate, rallied the crowd on the sidewalk. It was “despicable,” she said, to leave homes empty when so many were in need. She said those in power needed to act, just as Flores and the Reclaimers have, to provide permanent housing immediately.

“This is part of a reckoning that is long overdue,” Viola said.

She pointed to the tree house, praising Flores.

“He’s a 70-year-old elder who has climbed … into the sky to make this point to the world: ‘This is my home and I won’t leave it.’”

The structure has been visible from the street for weeks. Flores had attached a sign to the front with a message calling for a citywide rent strike.

The tree house is elaborate. Flores used galvanized steel braces to attach a series of ladders to the ash tree’s trunk. Where the trunk narrowed higher in the tree, Flores bolted spikes into the bark to make the final few steps into the structure.

Inside the tree house and hanging on nearby branches were blankets, warm clothing, food, water and his medication. To keep things clean, there’s a wooden broom he can sweep out leaves and other detritus. Flores expected to charge his phone via an extension cord connected to electricity in the garage. He bolted a chair to the bottom of the tree house and has a safety belt to catch him should he fall.

Deputies had not yet arrived by 9 a.m. Flores descended, wearing a harness, to speak with members of the news media from his driveway. He spoke from behind a locked fence.

Flores rejected the assertion that the Housing Authority has provided him with another place to live. He said the agency’s offers of assistance, such as Section 8 vouchers, aren’t guarantees. He cited the struggles that voucher holders face when finding landlords to accept the subsidies.

“They offered me potential permanent housing,” Flores said of the Housing Authority.

Jenny Scanlin, the agency’s chief strategic development officer, said that Flores was offered more than two dozen referrals to other homes, but that he rejected them. Some involved waiting lists and vouchers, but others had occupancy immediately available, she said.

“We absolutely believe he would have had an alternative place to live — permanent affordable housing” — had Flores accepted the assistance, Scanlin said.

Joseph De La O, 62, seized a Caltrans-owned home in 2020. He accepted a settlement from HACLA and has since returned to homelessness. He came to Flores’ home to help protest the eviction.”

As Flores held court in the driveway, he rolled up a pant leg to show a sore from his diabetes and said that on the streets he’d have nowhere to refrigerate his insulin.

While Flores spoke, supporters were on edge. Representatives of the property management company milled a block away holding drills.

Around 9:45, two sheriff’s cruisers parked a block away. Three deputies got out and met the property managers, then walked to Flores’ home.

Flores’ supporters met them at the driveway. The deputies said they wanted to talk to Flores and brushed past to the locked gate. Flores told them to ask themselves why they needed to evict a senior citizen. The deputies responded that they had offered assistance from adult protective services and were following orders from the court.

A deputy handed Flores a pamphlet describing housing resources the county offered, including information about calling 211. Flores held up the paper above his head to show everyone. The crowd started booing and yelling “Shame.”

An officer then tried to reason with Flores in Spanish. But it was clear things were going nowhere.

“Suerte,” the officer said to Flores. “Good luck.”

Then they left.

The Sheriff’s Department could not immediately be reached for comment, and a Caltrans spokesperson referred comment to the Housing Authority. Scanlin said she expected the lockout process would continue per the court’s order.

Flores and his supporters believe sheriff’s deputies could return at any time. Some are planning to camp out at his house overnight.