Escalon mayor settles allegations he leveraged office in COVID-19 eviction attempt
Escalon Mayor Ed Alves and a landlord paid a renter a $12,500 settlement this month, ending a lawsuit alleging they violated the COVID-19 eviction moratorium and California law last December.
Reggie Refuerzo received the settlement after vacating the Escalon rental on Oct. 15 and released them from all claims, his attorney said, including allegations Alves used the influence of his elected position.
Refuerzo sued Alves and property landlord Mary Lou York in January, alleging they attempted to evict him despite declaring his inability to pay rent after testing positive for COVID-19. In the lawsuit, Refuerzo claimed Alves brought police to the property, threatened to detain him said he came to the house on city business. Refuerzo further alleged Alves shut off his water service and told city staff to not restore it.
Alves did not respond to requests for comment on the settlement via phone, text or email. Attorney Joseph Muller, who represented Alves and York, said he cannot comment on confidential client matters. Alves told The Bee in a Feb. 5 article he collected rent payments and provided building maintenance for York.
The mayor also previously said Refuerzo was a squatter and did not have a sublease for the house, where Refuerzo’s mother and her boyfriend lived previously. Police officers came to the house visit for both his and Refuerzo’s safety, Alves added.
Dustin Dyer, the attorney who represented Refuerzo, said he does not know whether the city of Escalon will reprimand Alves for the allegations.
“It appears the city has turned a blind eye to Alves’ actions and proceeded with business as usual,” Dyer said in an email. “Given the lack of repercussions from the city, I doubt Alves or any elected official has learned from this dispute and the misuse of his position will continue. “
Alves has served on the Escalon City Council since 1994; voters elected him to his fourth non-consecutive mayoral term last year.
Police Chief Robert Lackey did not respond to questions by phone or email. Lackey previously declined to comment on the lawsuit in February, but said city officials get no special priority for requests for civil standbys. The measure aims to prevent potentially tense situations from escalating into violence with a an officer’s presence.
Escalon settlement allowed move
In addition to receiving the $12,500 settlement, Dyer said Refuerzo did not pay rent for almost a year. Instead of Refuerzo paying York and Alves the more than $4,000, Dyer said they agreed to pay the net damages to his client and deduct the rent from the settlement payout.
Refuerzo initially sued for at least $100,000 in punitive damages in January, but Dyer said York increased litigation costs when she later filed an eviction lawsuit against Refuerzo, his mother and her boyfriend. Fighting two lawsuits and needing a place to live forced Refuerzo to settle, Dyer said.
“It just became evident that it was better for him to move on and get something in his pocket so he could move into another place that would have a security deposit and a little bit of a buffer for him to make the first couple months’ rent,” Dyer said in a phone interview.
Attorney Benjamin Rowe, who represented York in the second lawsuit, did not respond to messages left at his law office.
Because of the circumstances, Dyer said his firm did not charge Refuerzo an hourly or standard contingency fee rate. Refuerzo was able to move into a new rental on Oct. 15, Dyer added.
