Unlawful trespass and secret legal action: City’s unjust pursuit against San Marcos landowners decried

San Marcos residents wanted this week to bring call attention a troubling pattern of behavior involving San Marcos officials and longtime City Attorney Helen Holmes Peak and her Escondido-based law firm, Lounsbery Ferguson Altona & Peak, which has been handling municipal ordinance violations.

This law firm has been taking excessively harsh legal action over minor infractions, such as failing to apply for permits—permits that city engineers have sometimes told residents they don’t even need.

A city code enforcement officer, who has a background as a sheriff’s deputy and police officer in Ashland, Ohio, have been issuing fines as small as $100, according to sources. However, instead of allowing residents the 30-day grace period (or an additional 30 days to appeal),  officers has been quick to escalate these issues, involving the law firm prematurely.

In San Marcos, it appears that Peak’s law firm is working closely with code enforcement officers to fast-track these minor code violations into costly court cases—often without properly notifying the residents involved. Many residents have lost their cases by default because they were never served with any legal summons or complaints.

The process works like this: People actively working with city officials and code enforcement officers, cooperate to resolve alleged violations. However, they later discover a lawsuit filed against them, which they lose by default in court. That’s because they are unaware the legal action was taking place and don’t contest ir

Dreams killed by unjust city officials

San Marcos City Council: (L-R) Maria Nunez, District 1; Mike Sannella, District 2; Mayor Rebecca Jones; Danielle LeBlang, District 3; Ed Musgrove, District 4/City of San Marcos

Before purchasing land, which was zoned A-1 (agricultural), one source used lifetime savings with the dream of starting an organic vegetable farm and eventually building a home. The person  visited the city’s planning, engineering, and other relevant departments to discuss pertinent regulations..

The source specifically asked if any permits were required or pending for me to start a small farm. After checking their computer systems, city officials assured the person that, since the property was in an agricultural zone in San Marcos, no permits were necessary unless they had immediate plans for housing development. The source proceeded to close escrow based on this information,

Two months later, the person returned to the city and asked the same officials if the family was clear to start moving my belongings onto the property. Again, they confirmed that it was good to go.

However, from the very first day they started moving in, they noticed a man in a city truck spending hours at a distance, recording videos of the property. Then, just a month later, on January 12, 2023, they received a violation notice for $100, citing alleged grading without a permit.

They went to the city to clarify that they were merely cleaning up debris and dry bushes to prevent potential brush fires—not conducting any grading.

The city’s Principal Engineer proposed a conference meeting with me, the code enforcement officer who issued the violation, and other city engineers. During the meeting, the officer presented images of the alleged grading on a large screen. After reviewing the evidence, the Principal Engineer determined that no grading had taken place.

The beat-down went on

Man against the machine. San Marcos, CA. City Hall from where officials apparently wage war against their own taxpayers who pay their salaries./City of San Marcos

Between January and April 2023, they had additional meetings with the same city officials to discuss the possibility of installing a water well and other plans to start a farm.

On March 31, 2023, the city’s code enforcement officer entered their private property without notice, disregarding the posted “No Trespassing” signs on my gate. He proceeded to place a letter—allegedly an ex parte notice for a restraining order against the family—on the windshield of my car and another copy inside my property.

Concerned, they checked the case number with the San Diego County Superior Court. To everyone’s surprise, the case was an ongoing probate guardianship matter involving another, unrelated person — a person they had no connection to and had never met.

That same day, they attempted to visit the City of San Marcos to inquire about the letter, but the office was closed due to a holiday.

On April 4, 2023, the aggrieved family  went to the court and discovered that there was indeed a hearing, but under a completely different case number. When they asked for clarification, San Marcis attorneys said the city actually had filed a case against them back in February 2023—without their knowledge.

This was shocking, as they had been in regular contact with city officials during that time, and no one had ever mentioned any legal action. In fact, they had assured the family they were trying to help me.

Sources pointed to other cases of alleged abuse of vulnerable taxpaying residents.suffering  under the iron grip of San Marcos code enforcement over-reach.

The following is a list of some of those suffering from this nightmare and the pain inflicted by the city and this law firm. Victims include:

  • W.K. Ledgard 88 years old, lost by default (he is sure he never got served) a judgement against his property for an alleged violation of grading without a permit, that never got any supportive technical or engineering supportive report to backup the allegation $198,701.22.
  • Chau Kim NGO, a single mother, lost by default while she was also back and forth with city officials trying to fix an alleged grading without a permit, she also says she never got served nor even ever suspected that the city was suing her in court Judgement $163,092.60.
  • George Reagan for failing to apply for a permit; lost by default judgement $129,865.01.
  • Roberto Herrera alleged violation of having a trashy yard with his landscaping truck parked inside his own large private property, lost by default. He said he never got served with any court papers by the city. Judgement: $158,751.83
  • Shera Sandwell alleged easement issues and other water-storm related violations, and some issues related to business permits Judgement over $400,000.
  • Young Park, an 86 years old woman owns land in San Marcos. She told us that the city issued a violation for not removing debris on her property. According to her, the city and law firm asked her for $8,000 to be payable to this law firm in order not to file a lawsuit against her.
  • Malvin F. Monroe And Victoria F. Monroe, A long deceased 90-year-old man and his wife 75-years-old still alive. She has no idea that she has been sued by this law firm on behalf of the city and an entry of default by the city has already been filed.
  • Bustamante Family, still battling the city and its law firm in court for an alleged violation of grading without a permit in order to save their property of 11.3 acres of land with their house on it located at a very desirable location right across a fancy golf course. According to them, the legal battle with the city has last for over three years now where they have hired engineers to make corrections to the alleged violations. However, their engineers say city officials seem unwilling to cooperate in efforts for them to comply and move own with their lives According to court documents, city officials believe that by now the Bustamantes owe the city several millions of dollars over a simple alleged grading without a permit complaint.

 

4 Comments on "Unlawful trespass and secret legal action: City’s unjust pursuit against San Marcos landowners decried"

  1. Was that person from Ohio the one doing all the illegal trespassing maybe the one that got in the ear of this law firm! Has anyone done a background check on that person & what he might’ve been up to in Ohio b4 coming here? I’d investigate him & the law firm & start legal actions if necessary to recoup the losses by these citizens! It looks like quite nefarious actions by this law firm!

  2. The City attorney filling for this is case just copy past the SMMC and label it as failure to comply without any support engineering documents. According to City Engineer in April 2023, a list of Code violations were generated and never submitted to the court or to the Defended. The list of code violation stated by the attorney is generic, and dos not reflect the actual violation. The Judge is issuing a summary of Judgment without understanding anything about the SMMC.

  3. The City attorney are just copying pasting the San Marcos Municipal Code and label it as failure to comply, without any support engineering documents. According to City Engineer in April 2023, a list of Code violations were generated and never submitted to the court or to the Defended. The list of codes violation in the court documents dos not reflect the actual violation. The Judge is issuing a summary of Judgment without understanding anything about the City of San Marcos’s Municipal Code

  4. If you believe the lawyers are unethical then file a complaint against the lawyers. This greviancencomittee can suspend, disbar unethical lawyer.
    https://www.calbar.ca.gov/Public/Complaints-Claims

Leave a comment

Your email address will not be published.


*