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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?


Picture

Click on the title to view online


Notice of Appeal 04/08/2013
NOA040813
File Size: 990 kb
File Type: pdf
Download File


December Post Dismissal
DPD
File Size: 2020 kb
File Type: pdf
Download File


Letter to Barbara Parker 04/23/2013
LBP042313
File Size: 113 kb
File Type: pdf
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Court of Appeal Screening Form
COASFHP
File Size: 111 kb
File Type: pdf
Download File


Prologis CCIG NO Business License
PCNOBusLic
File Size: 114 kb
File Type: pdf
Download File


SOS Prologis CCIG Oakland Global LLC
SOSPCOG
File Size: 169 kb
File Type: pdf
Download File


RFP Sample Boilerplate 
RFPSB
File Size: 720 kb
File Type: pdf
Download File


Tagami not in compliance

PhilNotcompliant
File Size: 45 kb
File Type: pdf
Download File


Business and Professional Code 17200/Answer to City Attorney Opinion


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.

RECENT DEVELOPMENTS AND THE FUTURE OF BUSINESS &
PROFESSIONS CODE 17200
RD BUS AND PRO CODE 17200
File Size: 55 kb
File Type: pdf
Download File


LDDA Update  WHY??

- Groups Want State to Investigate Tagami’s Army Base Financing Scheme

- BAAQMD Comments on Air Monitoring Work Plan


Appeallant's opening brief

appeal_gene.pdf
File Size: 8332 kb
File Type: pdf
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Court Reporter's Transcript

courtreporterstranscript
File Size: 22561 kb
File Type: pdf
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Hazzard's substitution of Attorney
gene_subattorney.pdf
File Size: 435 kb
File Type: pdf
Download File

  • Home
  • Sanjiv Handa
  • Gene's Blog
  • Rotunda RFP
    • Lawsuit against Rotunda Partners II >
      • Facts you should know about the Rotunda Building
      • Facts you should know about the Rotunda Garage
      • Charges in massive investment fraud case
      • Phil Tagami's Obligation
  • Gene Hazzard -Keeping eyes open
    • Hazzard substitution of attorney
    • Public Record Request [PORT] about the $100,000.00 deposit, NO Straight answer.
    • Court Reporter Transcript
    • The Power Broker? >
      • Robert Moses >
        • NY Times February 14, 2007
  • Chronology of Tagami's scheme of Private-Public Partnership with City Projects
  • Another Tagami scheme - Rotunda Building deal
    • Eight Years Later, Tagami Still Hasn’t Started Rotunda Project City Fails to Hold Developer Responsible
    • 1630 San Pablo - Parcel 2
    • Rotunda Building Loan
    • Post -Tagami Failed to Make Payments on Rotunda Development Loan
    • City Urges No Action in Tagami’s Failure to Make Payments on $12 Million Loan
  • Oakland Army Base
    • Port to Give Tagami $600 Million Exclusive
    • OAB - Wikipedia
    • OAB - Military Museum
    • Army Base Gateway Redevelopment Project
    • BAAQMD Comments on Air Monitoring Work Plan
    • Cost Sharing Agreement
    • OAB Rezoning and LDDA update
  • Billboards in Oakland
  • Port of Oakland
  • Oakland Raiders?
  • Who is running Oakland?
    • Jerry Brown
    • Don Perata
    • Judge Robert B. Freedman
    • Jacques Barzaghi
    • Gawfco Enterprises
    • Deception
    • Doug Bloch
    • Phil Tagami >
      • SF Business Times November 20, 2005
      • Rotunda wrestling
      • A conversation with Oakland developer Phil Tagami
      • Audit of $91 million Fox Theater project
      • Tagami Conflict
      • CCIG Response to Oakland Works
      • Oakland developer Phil Tagami named to state medical board
      • ‘Shotgun Phil’ hits another bullseye — with governor’s help
  • CleanOakland Store
  • CenterPoint Properties