Ortega
Ortega v. City Of San Jose
Opinion
Trial Court Opinion
I. BACKGROUND
19 At the time of filing, Plaintiff Ortega lived in his pop-up trailer, identified as a 2015 20 Rockwood Freedom Trailer, located at the Spring Street unhoused encampment, also referred to as the encampment at Guadalupe Gardens (the “Encampment”). ECF No. 1. Ortega’s trailer is inoperable due to missing wheel bearings and cannot be towed. Id. Ortega alleges that on 23 24 1 The Encampment is an approximately 18-acre parcel located within the “Abatement Zone.” The Abatement Zone consists of several parcels adjacent to the San Jose International Airport which were subject to a three-stage abatement process between September 1 through September 30, 2022. See ECF No. 21 at 2. 2 Plaintiff Ortega also claims that he owns a non-operational Buick LeSabre that is also at risk of destruction. The City and its Employees indicate in their statement that Plaintiff entered into a program in which the City would purchase his non-operational Buick LeSabre from him. See ECF September 2, 2022, Officer Lynch informed him that he had until the end of September to relocate his trailer and belongings, or the City of San Jose (the “City”) would…