Press Releases

July 21, 2008

Settlement Reached in Dispute Between City of Palo Alto and Children's Theatre Director

At the direction of City Manager Frank Benest, the City of Palo Alto negotiated a final settlement with Pat Briggs, the Director of the Children's Theatre, to resolve her outstanding employment issues.  The settlement was reached on July 21, 2008.

"This has been an extremely difficult time for our community, the Theatre, the City and Ms. Briggs.  Now that we've reached a mutually acceptable agreement, we can begin the healing process," said Benest.  "I have confidence that everyone can put aside their differences and work towards ensuring the continued success of our beloved institution, the Children's Theatre."

The City, in recognition of Ms. Briggs' long history and service to the City, has agreed to rescind her termination, and suspend Ms. Briggs for 30 days without pay, beginning June 30, 2008.  Ms. Briggs, in exchange, has agreed to not appeal the administrative decision, and to waive any rights she may have against the City arising out of the criminal and administrative investigation.  Ms. Briggs has further agreed to retire in good standing effective August 1, 2008.  She will return and work for the City on a contractual basis as Advising Artistic Director to help transition the Children's Theatre into new management.  Her contract will end January 2009.

"Following the loss of Michael Litfin and the strain and disruption of the last seven months, I think the interests of the Children's Theatre are best served by my retirement and assistance with the transition to a new Director.  I am grateful for the support of the City, my staff, and the community for so many years, and look forward to helping ensure the Children's Theatre remains a treasure for future generations.

September 15, 2008

Settlement Reached in Case Alleging Theft of Personal Property During Foreclosure

The Jon R. Parsons Law Firm has settled a lawsuit filed in Santa Clara County Superior Court against broker William Peter Van Dam, his employer Coldwell Banker, and lender Wells Fargo, concerning the foreclosure of the Plaintiff's San Jose condominium.

Ms. Nguyen alleged in her complaint that both Wells Fargo and Coldwell Banker hired Van Dam, knowing he was a convicted felon, and placed him in a position where he would have unfettered access to the personal property of persons losing their homes to foreclosure.

Ms. Nguyen also alleged in her complaint that following the foreclosure sale of her home, Van Dam locked her out without giving her the required three-day notice to vacate, and refused to let her back in to get her personal property, claiming that all of that valuable personal property now belonged to Wells Fargo Bank.  The complaint further alleged that Van Dam "trashed out" her personal belongings, including clothing, jewelry, furniture, electronics, and private financial records, keeping the best and most valuable pieces of property for himself.

Ms. Nguyen alleged that for two weeks, Wells Fargo and Coldwell Banker did nothing to get her personal property back.  The defendants began to preserve the property that had been removed, only after she retained an attorney and threatened criminal prosecution.  Although Ms. Nguyen was able to recover most of her personal property after filing her lawsuit, some irreplaceable family photographs were lost, including the frames.  The case settled during mediation before retired Superior Court Judge William F. Martin of JAMS, with Coldwell Banker and Wells Fargo Bank paying Ms. Nguyen $50,000.00.  She is proceeding with a complaint against William Peter Van Dam before the Department of Real Estate.

Homeowners of foreclosed properties and tenants residing in foreclosed properties must be given a written notice before they can be evicted'a three-day notice for an owner remaining in possession after sale, and a 60-day notice for most tenants who reside in leased housing that has been foreclosed.  Senate Bill 1137, signed by the Governor into law on July 8, 2008, now requires that lenders provide pre-foreclosure counseling and additional information as part of the foreclosure procedure.  A foreclosing lender does not acquire ownership of an occupant's personal property, unless the occupant leaves and abandons the personal property.

In these troubled times it is important that owners and tenants understand that foreclosure does not strip them of all rights, they continue to own their personal property, and they are entitled to certain notices before foreclosure and eviction.

Further information may be obtained from Heather Ledgerwood at the Jon R. Parsons Law Firm.

Nguyen v. Van Dam, Coldwell Banker, Wells Fargo
Santa Clara County Superior Court
Case No. 107 CV 094741