GUILTY CA - Massive fire at Oakland warehouse party, 36 dead, 2 Dec 2016 #3

[CARIIS]

[FONT=&amp]Mark Gergen, UC Berkeley law professor, said the government agencies may not be liable after all “because of a California statute that shields public entities from this sort of claim for failure to inspect.”

[/FONT][FONT=&amp]Almena would have civil liability, including negligence, however he may have no assets, said noted trial attorney Daniel Horowitz. He said that might also apply to the promoter. Ng, who owns a number of properties including the Ghost Ship warehouse, and an insurance company, is liable, even if she didn’t know anyone was living in the building, Horowitz said.

[/FONT]http://www.eastbaytimes.com/2016/12/23/oakland-first-two-lawsuits-to-be-filed-friday-for-ghost-ship-victims/

[FONT=&quot]The owner of the Ghost Ship warehouse where 36 people perished earlier this month has had a business license at that Fruitvale address for more than two decades, a city official confirmed Thursday, yet firefighters charged with inspecting Oakland’s commercial businesses never reviewed the building.[/FONT][FONT=&quot]Chor Ng, 62, filed for the business license in 1995 on her property at 1315 31st Ave., writing on the form that she wanted to operate a “commercial rental,” said Margaret O’Brien, Oakland’s revenue and tax administrator. The property owner was up to date on her annual business taxes, O’Brien said.

further highlights the lack of coordination and communication between the city agencies responsible for inspecting commercial buildings, as well as the department responsible for registering businesses in the city.

“We do not inspect buildings, we inspect businesses, so if there was any indication of an active business we would go and … inspect,”

http://www.eastbaytimes.com/2016/12...r-had-pulled-a-business-license-on-warehouse/[/FONT]
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[CARIIS]

[FONT=&amp]Attorney Keith G. Bremer of Bremer Whyte Brown & O’Meara will represent Chor Ng,

[/FONT][FONT=&amp]Keith G. Bremer has been identified by the well recognized Daily Journal as one of California’s Top 100 Attorneys. He has also been named as one of America’s Top 100 Attorneys

[/FONT]

Areas of Practice

Construction Litigation Business Litigation General Civil Litigation has been a featured contributor in the Orange County Register, and has been editorialized in, among others, Newsweek, The New Yorker Magazine, the Los Angeles Times, Los Angeles Daily Journal, CBS, Fox, KCAL, AOL, CNN and KTLA news. He has appeared on ABC’s 20/20, Dr. Phil, Fox and The Katie Couric Show. Mr. Bremer is regularly consulted by lobbyists and the insurance industry to provide input on proposed legislation in the legal field from California to Colorado. ................... Bremer received and recovered a verdict of over $4 million which was affirmed by way of a published opinion out of the 4th Appellate Court of Appeals. He was lead counsel in a Northern California Qui Tam case that he resolved for $184 million (U.S. ex rel. Strom v. Scios and Johnson & Johnson). http://www.bremerwhyte.com/attorneys/partners/keith-g-bremer

 

[CARIIS]

[FONT=&quot]February 2, 2017 at 6:53 pm

[/FONT][FONT=&quot] city last communicated with the news group about the request on Dec. 16.............[/FONT][FONT=&quot]

[/FONT][FONT=&quot]despite promises to the contrary, city officials have refused to release police and fire documents that might help explain how Oakland missed several chances to shutter the unpermitted warehouse and save those lives.[/FONT][FONT=&quot]

None has yet been released.



inexcusable delays in disclosing public records, the Bay Area News Group told Oakland officials in a letter Thursday it will sue for the documents if they aren’t made available next week.

City’s evident desire to control the message and delay the public’s right of access during this critical time to the public’s discourse on the matter is inexcusable,”

news group reported on Dec. 5 that government employees, including members of the Oakland police and fire departments, had at least 10 interactions with the Ghost Ship arts collective since October 2014. Those contacts include firefighters dousing a sofa fire just outside the main entrance and police responding to a report of loud noise at a dance party there.

until Feb. 10 to turn over the records or face a lawsuit in Alameda County Superior Court.http://www.eastbaytimes.com/2017/02...s-group-prepares-to-sue-oakland-over-records/




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[borndem]

The East Bay Times editorial re the OFD and the Fire Chief:

By East Bay Times editorial board |

PUBLISHED: January 31, 2017 at 1:33 pm | UPDATED: February 1, 2017 at 8:04 am

Oakland Fire Chief Teresa Deloach Reed’s threat to sue a hillside homeowner is the final straw: Attempts to stifle criticism are unacceptable. Reed must go.
It’s become clear in the wake of the Ghost Ship warehouse fire that she is incapable of fixing the problems plaguing her department.

http://www.eastbaytimes.com/2017/01...re-chief-clearly-doesnt-get-it-she-should-go/

 

[MsMarple]

This just in...

Businesses and homeowners who suffered losses during Oakland's deadly Ghost Ship warehouse fire are now eligible for low-interest federal disaster loans.

http://abc7news.com/news/low-intere...ble-following-oakland-warehouse-fire/1733988/

The SBA (Small Business Association) declared the area a disaster zone yesterday. Businesses can borrow up to 2 million and homeowners up to 200k.

 

[MsMarple]

L.A.-based record label 100% Silk is issuing memorial editions of two tapes by underground producers Cherushii and Nackt. Both artists—real names Chelsea Faith and Johnny Igaz—were killed in December’s deadly fire at the Ghost Ship warehouse space in Oakland, California, where they were scheduled to perform at a label event.

http://www.spin.com/2017/01/100-sil...-and-nackt-artists-killed-in-ghost-ship-fire/

Proceeds from these reissues go to the artists' families. You can hear a couple of clips at the link.

 

[borndem]

Re the SBA loans: I wonder who/what would qualify for this? Perhaps the business next door (the one supplying the power to the GS). Were any homes or other businesses damaged or affected by the fire, causing them business losses?

 

[borndem]

Just saw this editorial from East Bay Time - interesting, IMO:

Editorial: Oakland must turn over Ghost Ship records now

By East Bay Times editorial board | PUBLISHED: February 4, 2017 at 9:00 am | UPDATED: February 4, 2017 at 9:30 am

Oakland city officials must end their stonewalling over release of records pertaining to the Ghost Ship warehouse fire.


It’s been more than two months since the tragic inferno that killed 36 people. Despite Mayor Libby Schaaf’s promise of transparency, her administration has failed to release critical public documents. The mayor and City Attorney Barbara Parker have a choice: They can follow the law or they can become the political symbols of a cover-up of the nation’s deadliest fire since 2003.
- - - - - - - - - - - - - - - -

Related Articles

• Ghost Ship fire: Bay Area News Group prepares to sue Oakland over records
• Editorial: Oakland fire chief clearly doesn’t get it, she should go
• After Ghost Ship, cities grapple with ways to balance legality/safety
• More funds going to those affected by Ghost Ship fire
• ‘Ghost Ship’ fire adds urgency to Marin arts nonprofit’s upgrades

http://www.eastbaytimes.com/2017/02/04/editorial-oakland-must-turn-over-ghost-ship-records-now/


ETA: The Related Articles cited above have interesting info, too.

 

[tbum]

Oakland investigators visited Ghost Ship dozens of times before fire that killed 36, city records show
http://www.latimes.com/local/lanow/la-me-ghost-ship-fire-20170208-story.html

 

[MsMarple]

Oakland investigators visited Ghost Ship dozens of times before fire that killed 36, city records show
http://www.latimes.com/local/lanow/la-me-ghost-ship-fire-20170208-story.html

Thanks for the link! Those of us following this case are aware of some of the complaints listed in the article, while a couple are new (but maybe not all that surprising), like:

In March 2015, an Oakland police officer responded to a report that alcohol and drugs were being sold at an illegal rave at the Ghost Ship. In his report, the officer said he did not enter the warehouse or issue any citations. Police were summoned back to the scene later after receiving a complaint from a caller that “there were several subjects inside his warehouse refusing to leave.”

Police stood by and waited for the subjects to leave, according to the report, which was heavily redacted.

And WTH is this all about?

Another description of the 2015 event was recorded in a transcript of a 911 call that was transferred from the California Highway Patrol. The caller said there were “15 people barricaded inside the business,” adding “the owners are holding people inside.” The caller also reported hearing what sounded like a Taser and threatening remarks.

No mention of an earlier allegation that a firefighter actually attended a GS music event and did not report any code issues.

There seems to be several problems within the city of Oakland. First we have an accusation that firefighters were not following up on some of the complaints. Then we have Oakland artists condemning actions by the city which shut down illegal work/live warehouses and evicted the tenants. The mayor continues to allege that her office will be transparent, yet acquiring city reports have been difficult.

Bottom line IMO is that no one is going to win here. The city had an obligation to keep its residents safe but local artists seem to prefer living in a bit of a dangerous environment if it allows them reasonable rent.

As far as I'm concerned right now is everyone is so focused on their own wants and needs that not one of them can see clear to a rational compromise.

JMOO - I do fault the city of Oakland in part for not being vigilant as required by law but in the end I still see Ng and Ion at the core of this case. It makes me furious that Ion is probably debt-proof and will go on his merry way with his messed up wife and they will continue to suck off the good will of others.

 

[borndem]

Good post, MsMarple -- After reading the article in the LATimes about various city officials going around, beside and even into the Ghost Ship, I just cannot understand why not one of those folks didn't raise cain about it and realize that people could die and that the City of Oakland, et al, would be blamed. The OFD -- nothing? OPD -- nothing? -- or were reports written and forgotten or "lost"? Oh some heads should roll on this one, yes indeed, IMHO.

IMO, many individuals and city officials should be made to testify to questions, or give affidavits, etc., and a review should be evaluated and written by a neutral org. or individual, and then the Attorney General of the State of California, or the FBI or other federal body make a determination of those who should be charged with a crime, fired or censured, etc. This thing is BIG. Thirty-six people lost their lives.

This is one damm horrible, irresponsible, and painful mess, IMO, and the hurt and loss will never be relieved or forgotten even one day by so many relatives and friends.

 

[human]

Did anyone go into the building or was it all outside?

 

[MsMarple]

Did anyone go into the building or was it all outside?

It's hard to tell if any official ever entered the building. There were rumors from prior residents that a police officer actually attended a party there but as far as reports go, so far I haven't found anything to point to officials going inside. There was the one report earlier where an inspector attempted to enter but no one answered.

JMOO, I think some firefighters and police officers had been inside the GS. Whether any of them posted it in their report I don't know. I've just started looking at the info posted here:

http://www2.oaklandnet.com/OAK061753

It's a lot to get through so feel free to take a look. Some reports are dry and matter of fact while others describe finding victims, so beware. There's nothing graphic though.

From the Police Summary:

For 1305 31st Avenue, OPD received 18 calls for service to this address. Records for 15 of the calls are being released. Two of the three non-disclosed records are covered by Penal Code
11167; the third is not disclosable due to HIPPA regulations.

For 1309 31st Avenue, the OPD received 16 calls for service to this address. The records for 14
of the calls are being released. One of the two non-disclosed records is withheld based on CA
Government Code section 6254(k) and HIPPA; the second is record is confidential per Penal
Code section 11167.2.

http://www2.oaklandnet.com/oakca1/groups/ceda/documents/report/oak062781.pdf

 

[MsMarple]

Here's a good article that talks about the newly released documents. It's worth reading, as is watching the video.

http://www.nbcbayarea.com/news/loca...ponded-to-Illegal-Rave-in-2015-413214423.html

 

[borndem]

Here's another from the NYTimes:

Oakland Knew of Illegal Housing at Warehouse Before Deadly Fire
By THOMAS FULLER and JULIE TURKEWITZFEB. 8, 2017

For weeks after the devastating fire that killed 36 people at an Oakland warehouse in December, officials dodged questions about whether city agencies had been aware that the structure was illegally occupied.
...
...
After the blaze, details of the inspection program on the city’s website were altered, including the deletion of a passage that mandated annual inspections of all commercial buildings.

Oakland’s fire chief, Teresa Deloach Reed, has been on leave for the past several weeks, an absence that has not been explained to the Fire Department staff.

https://www.nytimes.com/2017/02/08/us/oakland-ghost-ship-fire.html?_r=0

 

[borndem]

And another from WaPo. A good article with some new info and also a bit of info similar to others we're seeing.

Morning Mix

Police knew about illegal housing, parties at Oakland warehouse before fire that killed 36, but took no action

By Samantha Schmidt February 9 at 5:38 AM

Two years before the Ghost Ship exploded in flames on Dec. 2, claiming the lives of 36 people, Oakland police were well aware of what was happening in the warehouse. They were alerted to illegal occupants there and visited the property and its neighboring buildings dozens of times in response to allegations of dangerous activities: drug sales, fights, stabbings, thefts, and alleged rape.

https://www.washingtonpost.com/news...adly-fire-but-took-no-action/?utm_term=.7059a
-------------------------------------------------------------------------------
And this article is embedded within the WaPo article above:

Oakland police responded to earlier party at Ghost Ship, but took no action before deadly fire
By Kevin Fagan, Kimberly Veklerov, Cynthia Dizikes and J.K. Dineen
Updated 8:04 pm, Wednesday, February 8, 2017
Long before an inferno consumed the labyrinth of dangers inside the Ghost Ship warehouse in Oakland, city police officers were told it was illegally occupied, and rolled to the place because of complaints about unpermitted “raves.” There were fights, fires and reports of guns. Building inspectors showed up, too.
...
...
City Fire Chief Teresa Deloach Reed has said her department had not inspected the warehouse since at least 2004. State law requires that all commercial properties be checked by fire inspectors once a year, but Deloach Reed said the Ghost Ship building was supposed to be vacant and thus was not covered by the law.

http://www.sfgate.com/bayarea/article/Oakland-releases-records-on-Ghost-Ship-warehouse-10918035.php

 

[MsMarple]

Here's an article in the East Bay Times that helps explain the incident reports and narratives in the newly released OFD doc, (found here http://www2.oaklandnet.com/oakca1/groups/ceda/documents/report/oak062782.pdf )

The narratives start around page 45. As the East Bay Times article notes, the GS fire was horrendous and very difficult to get under control. Furthermore efforts to find and retrieve people were hampered by the labyrinthine hallways and lack of fire exit lighting. From the msm link:

The first alarm rang at 11:24 p.m. and the Station 13 truck arrived to the front of the Fruitvale warehouse 79 seconds later.

Mozdean said she saw smoke billowing from doors and windows. Her team could get only 40 feet inside for about 30 minutes, before everyone went defensive at 11:58 p.m., according to dispatch records.

Another firefighter reported difficulties with the cluttered interior, calling the inside “compartmentalized.”

http://www.eastbaytimes.com/2017/02...e-firefighters-reports-show-difficult-attack/

Regardless of what responsibility the higher ups carry, the firefighters who responded to the GS had their hands full and should be commended for their hard work. What they dealt with that night and what they saw... well, I hope they were provided counseling.

ETA: Another even better article: http://www.sfchronicle.com/bayarea/...918035.php?t=4a770ee8bf&cmpid=twitter-premium

 

[borndem]

Hmmmm -- Looks like their (city officials, etc) policy of "live and let live" didn't work too well for very long. Grrrrr.

Oh, those 36 victims and their families. I'm sure we on this thread are still so very heavyhearted for our good friend gitana and her family as well as all those many other hurting families & friends. I just can't get them out of my mind. Such sadness. And my anger is still there.

Sure, there are hurricanes, earthquakes, epidemics, floods, volcanoes, avalanches, spontaneous forest fires, or other natural disasters that take beloved people away from us -- but this thing did not have to happen.

 

[katydid23]

Hmmmm -- Looks like their (city officials, etc) policy of "live and let live" didn't work too well for very long. Grrrrr.

Oh, those 36 victims and their families. I'm sure we on this thread are still so very heavyhearted for our good friend gitana and her family as well as all those many other hurting families & friends. I just can't get them out of my mind. Such sadness. And my anger is still there.

Sure, there are hurricanes, earthquakes, epidemics, floods, volcanoes, avalanches, spontaneous forest fires, or other natural disasters that take beloved people away from us -- but this thing did not have to happen.

Here is what I posted [#51] on dec 3rd, in the very first thread. It looks like what I predicted was correct. Sadly enough:


I know that you know the Bay Area very well. I grew up in the Berkeley/Oakland area and I know how the city government works there.

In my experience, there is kind of a dual nature, or even schizophrenic nature to city government in Oakland. On one hand it is a large modern bureaucracy, with loads of detailed regulations. My brother is a long time attorney there and has often complained about the intensity of their detailed rules and regulations etc.

But big money and business owners do seek favors, I am sure.

However, Oakland is a very progressive, liberal enclave. And they LOVE their artists and their communal collectives. And they would drag their feet in having to evict dozens of artists,imo.

They like to be totally supportive of low income, homeless, artistic, creative individuals and will go to great lengths to allow them to prosper in the city, in whatever way they need to. I have seen the city turn a blind eye to other 'illegal' actions in order to allow people to 'get by' .

For example, if a citizen reports people setting up tents under an overpass or in a non-working car---the city often chooses to let it go. Or if a motivated entrepreneur makes handmade tamales to sell on the street, which is against health regulations, it is often ignored.

Because there is also a feeling of 'let people do what they need to do' to get by. That has just been my experience, and maybe it is not related to this case. But it seems to me that someone had to have known there were artists living there. JMO

 

[MsMarple]

Here's an excellent article summarizing the recently released documents:

http://www.eastbaytimes.com/2017/02...reviously-cited-for-allowing-illegal-housing/

On Dec. 11, building inspectors found at least 15 violations of an illegal living space at 3073 International Blvd., which adjoins the Ghost Ship warehouse. The other two citations were for illegally housing people in 3071 International, according to records released Wednesday.

The records raise new questions about how much Ng knew about how her warehouses were being used, and whether she turned a blind eye to her tenants’ safety. Ng has not spoken publicly since the fire, but her daughter told the Los Angeles Times her family didn’t think anyone lived in the warehouse.

Much more at the link. It's pretty clear that Ng was aware of the illegal live/work spaces, not only at the Ghostship but at her other properties.

The entrance of the building at 3073 International Blvd. is around the corner from the burned-out warehouse, but its back wall abuts the Ghost Ship. Inside, the inspectors on Dec. 11 found what appeared like almost a smaller version of the Ghost Ship, damaged by smoke and water from the fire next door: bottles of alcohol near a tip jar, a performance stage, graffiti, a ramshackle bathroom and kitchen, along with jerry-rigged electrical wiring.

Yikes! Take a look at that electrical panel and the wiring: