Last Updated on July 7, 2022
Judge Clare Maier of Contra Costa, California is accused of violating the nationwide Coronavirus eviction ban by kicking people out of their homes.
A recent Patch posting from a concerned citizen accuses Maier of evicting citizens in violation of the law. The Patch post states:
“Contra Costa County Judge Clare Maier is not following evictions laws. Judge Maier did not follow the law.
Was the interest of SGT Investments pushing this eviction of a higher interest than the law, and why would that be? Is their a monetary incentive or interest to break laws to evict protected status residents who are suffering during covid?
Assembly Bill 3088 provides protections that Judge Maier violated.
On June 10, 2021 Lamorinda residents were unlawfully evicted prior to their scheduled hearing on June 11, 2021 during the covid pandemic. The law on this is very clear. And laws regarding individual rights are not being adhered to.
Until there is a Judicial order, there cannot be an eviction. This is traumatic for tenants who are then possibly made homeless or are separated from their housing without notice. If the tenants have an upcoming hearing, then there is no required Judicial order, and such an eviction is unlawful.
“The only way a landlord can legally evict a tenant in California is by filing an eviction lawsuit with the court and receiving a court order allowing the eviction to occur.”
We obtained the court records on this case and the hearing was the day after the eviction. Judge Maier refused to allow the tenant to show his paperwork showing that he had Sheriff- stamped CP10 papers, and process service sent the, properly to the opposing party more than a week earlier. The Judge actually silenced the tenant for holding up his paperwork proofs and then disconnected him for protesting that he was not able to provide his proofs. Judge Maier congratulated the agent attorney Alan Horwitz of Oakland for obtaining possession of the property the day before.
Although this was completely illegal, the judge and the lawyer, as well as the tenant were fully versed on the well published laws on this process.
The Lamorinda tenants had court filed the required CP10 Martinez sheriff-stamped paperwork, which prohibits their evictions during covid. The law is quite clear in highlighting the illegality of this.
Photos of Judge Clare Maier who congratulated the wealthy landlord on successfully obtaining an Unlawful eviction.
Contra Costa County Sheriff illegally performing an eviction on June 10, 2021 in advance of the hearing scheduled for June 11, 2021.
Tenant with proper protections paperwork which was court filed was wrongfully and illegally denied occupancy, a lawsuit of this illegal act has been filed.
What incentives does Judge Maier receive for this preferential and illegal treatment for the benefit of the landlord? What is her motivation to not follow the law?”
(Patch passage ends)
