Hazzard v. Phil Tagami / City of Oakland
On August 3, 2012, Oakland Citizen Gene Hazzard (in pro per) filed a lawsuit in the Alameda County Superior Court (RG12642082) under a provision in the California Code of Civil Procedure that allows taxpayers to file lawsuits against public entities for public waste and/or fraud. (CCP 526(a)). After months of demurrers and contentious motions, the City and its codefendant, Phil Tagami, convinced the judge to dismiss the case before it was ever adjudicated on the merits. Among the allegations, Gene Hazzard alleged fraud, unfair business acts (B&P 17200), fraudulent conveyance of the Oakland Army Base, and conspiracy to commit fraud.
These complaint was based on the City's negotiations and execution of a contract (Lease Disposition Development Agreement or LDDA) with Phil Tagami and his company California Capital Investment Group (CCIG) who had partnered with a large real estate company called Prologis Property LP (formerly AMB Properties). Tagami represented to the City that this PARTNERSHIP would undertake all of the development of the infrastructure, but the City, through various resolutions, paid for these costs. This was opposite of what the Economic Development Conveyance (EDC) intended when the Redevelopment Agency evaluated the viability of the project back in April of 2000.
The EDC stated that the only way the City could afford the project was if the developer -- not the City -- paid for the pre-development costs, including CEQA. In fact, there is no evidence that Phil Tagami even paid the $50,000 security deposit that was required when he was first selected by the Port of Oakland to negotiate the deal.
Tagami was supposed to secure the financing during the Exclusive Negotiating Agreement (ENA) three-year period, but to date has not produced a guarantor. It seems that the City of Oakland is the only guarantor on this project. Lastly, the City executed the LDDA with one named developer without City Council approval of the company change. The Oakland Army Base developer was, throughout the entire ENA process, a joint venture between CCIG and Prologis Property, LP, but the LDDA was executed by a company called "Prologis CCIG Oakland Global, LLC." This organization was not in existence at the time the City approved the resolution and ordinance (June and July 2012); it did not apply for corporate status with the State of California until September 17, 2012 and it did not possess a city business license until March 18, 2013!
But alas the judicial system is pitted against self-represented parties, and despite the failure of the City and Tagami to cite applicable legal authority to throw out the case, Alameda County Superior Court John True III inexpicably ("for good cause") threw out the case, giving viable grounds for Gene Hazzard to appeal. A notice of appeal was filed in the First Appellate District of California on April 8, 2013. Note that the dismissal was filed with the Court on March 18, 2013 -- the same day that Prologis CCIG Oakland Global LLC applied for a city business license. There are no coincidences when there is corruption and fraud underfoot.
If you have any questions about this lawsuit, you may contact Heather Ehmke at (510) 499-7379. Heather is a legal assistant (not a lawyer) who helped Gene Hazzard with writing the legal briefs. Heather worked diligently to find an attorney to represent Gene without success. Lawyers don't want to take on City Hall. How can justice ever be served when even the legal advocates refuse to stand up to the horrendous waste and corruption occurring in our City?
These complaint was based on the City's negotiations and execution of a contract (Lease Disposition Development Agreement or LDDA) with Phil Tagami and his company California Capital Investment Group (CCIG) who had partnered with a large real estate company called Prologis Property LP (formerly AMB Properties). Tagami represented to the City that this PARTNERSHIP would undertake all of the development of the infrastructure, but the City, through various resolutions, paid for these costs. This was opposite of what the Economic Development Conveyance (EDC) intended when the Redevelopment Agency evaluated the viability of the project back in April of 2000.
The EDC stated that the only way the City could afford the project was if the developer -- not the City -- paid for the pre-development costs, including CEQA. In fact, there is no evidence that Phil Tagami even paid the $50,000 security deposit that was required when he was first selected by the Port of Oakland to negotiate the deal.
Tagami was supposed to secure the financing during the Exclusive Negotiating Agreement (ENA) three-year period, but to date has not produced a guarantor. It seems that the City of Oakland is the only guarantor on this project. Lastly, the City executed the LDDA with one named developer without City Council approval of the company change. The Oakland Army Base developer was, throughout the entire ENA process, a joint venture between CCIG and Prologis Property, LP, but the LDDA was executed by a company called "Prologis CCIG Oakland Global, LLC." This organization was not in existence at the time the City approved the resolution and ordinance (June and July 2012); it did not apply for corporate status with the State of California until September 17, 2012 and it did not possess a city business license until March 18, 2013!
But alas the judicial system is pitted against self-represented parties, and despite the failure of the City and Tagami to cite applicable legal authority to throw out the case, Alameda County Superior Court John True III inexpicably ("for good cause") threw out the case, giving viable grounds for Gene Hazzard to appeal. A notice of appeal was filed in the First Appellate District of California on April 8, 2013. Note that the dismissal was filed with the Court on March 18, 2013 -- the same day that Prologis CCIG Oakland Global LLC applied for a city business license. There are no coincidences when there is corruption and fraud underfoot.
If you have any questions about this lawsuit, you may contact Heather Ehmke at (510) 499-7379. Heather is a legal assistant (not a lawyer) who helped Gene Hazzard with writing the legal briefs. Heather worked diligently to find an attorney to represent Gene without success. Lawyers don't want to take on City Hall. How can justice ever be served when even the legal advocates refuse to stand up to the horrendous waste and corruption occurring in our City?
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Tagami not in compliance
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Business and Professional Code 17200/Answer to City Attorney Opinion
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Answer to City Attorney's Opinion with regards to acknowledging that PROLOGIS CCIG OAKLAND GLOBAL LLC WAS OUT OF COMPLIANCE WITH CONTRACT COMPLIANCE IN NOT HAVING A BUSINESS LICENSE TAX CERTIFICATE IN THE CITY OF OAKLAND THROUGH 2012 WHEN THE CITY COUNCIL AUTHORIZED ALL TRANSACTIONS INVOLVING THE OAKLAND ARMY; WHICH WOULD MAKE ALL OF THESE TRANSACTIONS NULL AND VOID UNDER THE PROVISIONS OF THE BUSINESS AND PROFESSIONAL CODE 17200 OF THE STATE OF CALIFORNIA.
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Appeallant's opening brief
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Court Reporter's Transcript
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