Facts

Rudy Ortega was an unhoused person living in a 2015 Rockwood Freedom pop-up trailer at an encampment located on Spring Street in the City of San Jose. The trailer was missing its wheel bearings, so it could not be towed.

Home First Services (HFS) is a non-profit organization contracted by the City of San Jose to provide outreach and services to unhoused people. On September 6, 2022, Ortega sued HFS, the City of San Jose, and city employees Jennifer McGuire, Seth Turner, Sandra Murillo, Vanessa Beretta, and John Aitken.

PLAINTIFF'S CONTETNIONS: The plaintiff contended that on September 2, 2022, a San Jose Police Department Officer told him that he had until the end of the month to relocate his trailer and belongings, and if he did not do so, the City would seize and destroy it; that HFS was contracted by San Jose to provide unhoused people with services; that despite this, he received no assistance with his trailer; and that because of this, he was in danger of losing his property and having it destroyed. The plaintiff contended that the City and HFS had breached their contract; and that the City and its employees had violated his constitutional rights under the Fourth, Fifth, and Eighth Amendments. Moreover, the plaintiff contended he was entitled to a temporary restraining order to prevent the City and its employees from seizing and destroying his trailer.

DEFENDANTS' CONTENTIONS: The defendants denied any wrongdoing or liability.

Settlement Discussions

After the action was filed, a status conference was set for September 13, 2022. During that conference, the parties negotiated a settlement agreement wherein the City agreed to repair the wheel bearings on Ortega's trailer so it could be safely relocated, and it was subsequently moved.

Result

The court dismissed the action as moot.