An Alameda County Superior Court judge on Friday ruled against a homeless mother who moved into an empty West Oakland home, and directed sheriffs officials to enforce an eviction within five days. Dominique Walker, a member of the group Moms 4 Housing, has been ordered to immediately vacate the property.
The ruling states that Walker has no valid rights of possession to the home on Magnolia Street, which is owned by Redondo Beach-based real estate investment group Wedgewood. In his ruling, Judge Patrick R. McKinney wrote that âthe court recognizes the importance of these issues, but, as raised in connection with Ms. Walkerâs claim of right to possession, finds that they are outside the scope of this proceeding.â
Walker, 34, and other mothers began occupying the three-bedroom home on Magnolia Street in November to avoid living on the streets. The mothers said the house had been vacant for two years, and that they were acting partly in protest against speculators buying up properties in the Bay Area and leaving them empty amid a growing homelessness crisis.
The Alameda County Sheriffâs Office said they plan to enforce the eviction ordered by the court. Spokesman Sgt. Ray Kelly said the department has offered to discuss alternative housing solutions with the mothers, but an offer for a sit-down conversation was denied.
âIt does not appear that they are willing to meet us halfway,â said Kelly. âThey have decided that they are staying put and are wanting to take this case to the end.â
Judge McKinney has been considering the ruling since he heard oral arguments Dec. 30. Attorneys for Walker argued that housing is a human right, and that if the moms were evicted, their constitutional rights would be severely impacted. The judge had previously made a tentative ruling in favor of Wedgewood. At the December hearing, he had expressed doubts that the courtroom was the right venue to hear these arguments.
âJustice is served,â Wedgewood said in an emailed statement. âThe courtâs ruling is the correct legal, moral, and ethical judgement against the squatters that broke in and illegally occupied the companyâs home.â
âWe are not surprised by the ruling,â said attorney Leah Simon-Weisberg, who is representing Walker. âWe understand that the court’s hands are tied because in this country, property rights are valued over human rights.â
“That is why the California constitution needs to be amended to include the right to housing,” she added.
Moms 4 Housing and their supporters are gathering outside the home at 2928 Magnolia Street at 2 p.m.
This story will be updated.
Copyright 2020 KQED