Alameda County
Alameda Grand Jury Probate Court Report Recommendations Offer No Oversight
On June 30, 2022, the Alameda County Grand Jury released a report citing deficiencies of the Alameda County Probate Court and responded with recommendations that will have absolutely no affect on families who say attorneys and conservators are unjustly enriching themselves at their expense.
By Tanya Dennis
On June 30, 2022, the Alameda County Grand Jury released a report citing deficiencies of the Alameda County Probate Court and responded with recommendations that will have absolutely no affect on families who say attorneys and conservators are unjustly enriching themselves at their expense.
Despite Grand Jury recommendations, egregious actions of probate court appointed attorneys and conservators continue. The most egregious is court officials ignoring California probate Code 1800.3 (a), the Zealous Advocacy law that cites “the court will not grant a conservatorship if a less-restrictive option is available.
According to probate family advocates, the courts still use divide and conquer tactics, that don’t have to occur between family members.
If a person’s neighbor or bookkeeper requests appointment as conservator over the estate, the court will use that disagreement to not award the family care of their loved one, even when clearly stated in the Conservatee’s trust the desire to be home with family.
Conservatee James Larkin’s sister requested conservatorship over his estate despite Larkin’s trust clearly leaving all property and assets to his son Jim Larkin. The sister’s request was denied, and the court-appointed conservator Leo Bautista to set up care for Larkin in his home, a job his son Jim had been doing for free, with love.
To cover costs Bautista sold the Larkins’ rental property, and when that money dwindled, informed the son he was taking his father to a doctor’s appointment, but instead put him in a nursing care facility without notice.
Jim did not know where his father was for five days until he received a letter. The day after the letter, he received an email from Bautista of his intent to sell the house.
Jim Larkin Jr says, “I feel drained and defeated trying to work with a well-oiled, openly corrupt system that no one has ever beat. By design they put up a wall that blocks my love and time with my father. The ridiculous thing is their care is nothing specialized, something that I did for free.”
Bautista’s decision to sell the house will assure the nursing facility and his fees are paid but will leave Jim homeless. If the trust had been honored, Jim would have inherited two properties valued at over $3.7 million.
Bautista, reached for comment replied, “Due to client confidentiality, I am prohibited ethically and legally from giving you personal financial or medical information about any of my clients. As I am sure you are aware, conservatorships are overseen by the court.
“Probate Code section 2651 allows any relative or friend of the Conservatee to file a petition on behalf of the Conservatee if they believe the conservator has breached their fiduciary duty. In such a case, they are allowed to present evidence of the breach, and I am allowed to present evidence in my defense. I am barred from discussing any details of a case past or present that would either confirm or refute any allegations made against me.”
Advocates say the Grand Jury missed the major problem with Probate court, which is the lack of third-party oversight.
The Grand Jury cited a system of review yet failed to see how attorneys reviewing each other is simply another version of the fox guarding the henhouse. The Zealous Advocacy law that protects Conservatee’s wishes and estate of the Conservatee is ignored.
The County does not have a contract with the Public Defender’s office because the Public Defender’s office is a department of the County, and the County cannot enter into a contract with itself, and there lies the problem.
The result is there is no outside oversight, no checks and balances and families continue to leave probate court destitute and separated from loved ones.
Activism
OPINION: Solutions to the Housing Crisis Exist, but Governments Waste Tax Dollars Instead
People who are homeless want real housing, not temporary shelters that are dangerous and crowded. The City of Oakland has been telling the public that the sweeps of encampments are an effective solution, but it just pushes people from block to block, wasting tax money on paying police officers overtime in a budget crisis. This is true at the state level too, where California spends $42,000 per person that is unhoused per year. The city and state could just help pay residents’ rent, rather than pay for police to harass people on the streets, many of whom have disabilities or are elders.
By Kimberly King and Victoria King
In a powerful demonstration of grassroots organizing, activists joined forces in direct action that started on Dec. 17 to call for the establishment of sanctuary communities across the West Coast
The goal of the effort is to raise awareness about misleading narratives around homelessness and to present concrete solutions to a crisis that leaves over 35,000 people unsheltered each night in the Bay Area.
The action, led by members of Oakland’s Wood Street Commons and Homefullness/Poor Magazine, represents a direct response to the U.S. Supreme Court and Gov. Gavin Newsom’s approach to homelessness. At the core of the movement is a fundamental truth: housing is a human right, not a commodity to be bought and sold for profit.
People who are homeless want real housing, not temporary shelters that are dangerous and crowded. The City of Oakland has been telling the public that the sweeps of encampments are an effective solution, but it just pushes people from block to block, wasting tax money on paying police officers overtime in a budget crisis. This is true at the state level too, where California spends $42,000 per person that is unhoused per year. The city and state could just help pay residents’ rent, rather than pay for police to harass people on the streets, many of whom have disabilities or are elders.
The coalition of organizations, led by people with lived experience of homelessness, coordinated their efforts to show the unity behind this movement, including setting up sweeps-free sanctuary communities and resource centers and presenting solutions to city council. The message is clear: unhoused residents refuse to remain invisible in the face of policies that have resulted in 347 deaths for people experiencing homelessness in Alameda County just this year alone.
The coalition presented four key demands, each addressing different aspects of the housing crisis. First, they called for the establishment of sanctuary communities instead of sweeps, urging the redirection of encampment management funds toward positive solutions like encampment upgrades and permanent low to no-income housing.
The second demand focuses on utilizing public land for public good, specifically identifying vacant properties like the Hilton Hotel on Port of Oakland land. The coalition emphasized the immediate availability of these spaces to house hundreds of currently unhoused residents.
Prevention forms the third pillar of the coalition’s demands, with calls for strengthened renter’s rights, rent subsidies, and a permanent moratorium on rental evictions and foreclosures for non-payment.
Finally, the coalition demands the defunding of coercive “Care Courts,” advocating instead for non-carceral approaches to mental health care and harm reduction.
The Poor People’s Campaign’s motto, “When we lift from the bottom, no one gets left behind,” encapsulates the spirit of the action. Daily activities, including opening prayers for those who have died while homeless, served as powerful reminders of the human cost of failed housing policies that treat housing as a commodity rather than a fundamental right.
As this crisis continues to unfold, these activist groups have made it clear that the solution to homelessness must come from those most directly affected by it.
About the Authors
Kimberly King and Victoria King are Oakland Residents who advocate for the unhoused and propose solutions to end homelessness and housing insecurity.
Alameda County
Barbara Lee Releases Statement on Possible Run for Mayor of Oakland
Already, her backers are organizing to urge her to run for the position left vacant by the recall of former Mayor Sheng Thao, which became effective on Dec. 17. At present, Council President Nikki Fortunato Bas is serving temporarily as mayor.
By Ken Epstein
Questions continue to swirl in Oakland and throughout the Bay Area over the possibility that Congresswoman Barbara Lee might run for mayor of Oakland after she leaves Congress in January.
Already, her backers are organizing to urge her to run for the position left vacant by the recall of former Mayor Sheng Thao, which became effective on Dec. 17.
At present, Council President Nikki Fortunato Bas is serving temporarily as mayor.
Lee is already meeting with city leaders and learning more about the major issues facing the city. In a social media post on Dec. 20, she released a statement clarifying her timeline for making a decision.
“The decision to run for Mayor of Oakland, a city that I have long called home, is not one I take lightly,” she said.
“As my time in Congress wraps up, my current priority is navigating the crisis before us in DC. I am working around the clock to reach a deal that will keep our government open and provide crucial resources for my district,” she continued.
“I will announce my intentions in early January,” Congresswoman Lee said.
Activism
Oakland Awarded $675,000 Grant to Reduce Lead Hazards
The award will assist in Oakland’s work to reduce lead hazards in older rental housing, especially in communities most impacted by housing instability. The City hired a consultant, Green and Healthy Homes Initiative, in 2024 to lead the technical aspect of the lead abatement work.
By Post Staff
The City of Oakland has won a $675,800 grant from Partnership for the Bay’s Future (PBF) that will fund a two-year fellow to work in the Housing and Community Development (HCD) Department to support the development of lead hazard abatement and proactive rental inspection initiatives.
The award will assist in Oakland’s work to reduce lead hazards in older rental housing, especially in communities most impacted by housing instability. The City hired a consultant, Green and Healthy Homes Initiative, in 2024 to lead the technical aspect of the lead abatement work. By exploring the integration of lead hazard abatement with proactive rental inspections, the fellow’s work will aim to improve living conditions for families at risk of exposure and create safer homes for Oakland’s residents.
“We are grateful for the support of Partnership for the Bay’s Future for this award,” said Emily Weinstein, HCD director. “Housing safety and habitability are top priorities for our work in the coming year, and this fellow will ensure specific attention is paid to creating equitable solutions.”
The fellow will be dedicated full-time for the next two years to facilitate collaboration between HCD, Planning and Building Department (PBD), and a coalition of community partners. The total benefit to the City of Oakland is at least $675,800, of which $220,000 goes to a collaborative of community organizations to support the work.
The Healthy Havenscourt Collaborative brings essential community expertise to the project, connecting Oakland residents with resources and ensuring the program aligns with their needs.
These partners will engage residents directly to shape the program and make sure their voices are central to its design and implementation.
Coalition partners include Regional Asthma Management and Prevention (RAMP), La Clinica de la Raza, EBALDC, and Black Cultural Zone – all of which form the Healthy Havenscourt collaborative.
-
Activism2 weeks ago
Books for Ghana
-
Activism3 weeks ago
Post News Group to Host Second Town Hall on Racism, Hate Crimes
-
Activism3 weeks ago
Butler, Lee Celebrate Passage of Bill to Honor Congresswoman Shirley Chisholm with Congressional Gold Medal
-
Arts and Culture2 weeks ago
Promise Marks Performs Songs of Etta James in One-Woman Show, “A Sunday Kind of Love” at the Black Repertory Theater in Berkeley
-
Activism3 weeks ago
Delta Sigma Theta Alumnae Chapters Host World AIDS Day Event
-
Activism2 weeks ago
‘Donald Trump Is Not a God:’ Rep. Bennie Thompson Blasts Trump’s Call to Jail Him
-
Business3 weeks ago
Landlords Are Using AI to Raise Rents — And California Cities Are Leading the Pushback
-
Activism3 weeks ago
Oakland Post: Week of December 11 – 17, 2024