Trial date set in California’s lawsuit against Norwalk over homeless shelter moratorium

Gov. Gavin Newsom, right, tours the site of a former Motel 6 that was converted into housing for homeless in Costa Mesa on Jan. 18, 2024. Norwalk is objecting to state efforts to build similar housing in the city. (Photo by Mark Rightmire/MediaNews Group/Orange County Register via Getty Images)

NORWALK — The trial date for the case of People Of The State Of California v. City Of Norwalk is set for Aug. 19, after both sides agreed to the date during a hearing on Tuesday.

During the civil trial there will be no jury. Instead the judge will evaluate the record, written documents and briefs filed by both parties.

The California Attorney General’s Office and Norwalk City Attorney did not return calls for comment.

As per previous Norwalk Patriot reporting, Norwalk was sued by the state in November, when the city council issued a moratorium to temporarily stop the development of new emergency shelters and transitional housing.

A letter to Norwalk residents was issued from city manager Jesus Gomez in December to explain the city’s side of the litigation.

The city manager wrote the moratorium was in response to two proposed housing project initiatives in the city with “Pathway Home” at the former Saddleback Inn and a Mental Health Village at the Metropolitan State Hospital on 11401 Bloomfield Avenue.

“These projects were introduced without any detailed discussion with the city regarding clear plans for long-term planning, ensuring security measures are in place, and addressing potential program abandonment and resources needed to properly address the issues,” wrote Gomez.

The state argues the moratorium violates multiple state housing laws including The Housing Crisis Act, which prohibits cities from restricting housing development. The state continues to argue in the lawsuit that the moratorium contradicts the city’s housing element plan to approve 5,024 housing units by 2029.

The Department of Housing and Community Development approved Norwalk’s plan in 2023.

In response to the lawsuit, the city filed a demurrer, requesting the court dismiss the lawsuit, arguing the case had no merit. However, Los Angeles Superior Court Judge James Chalfant ruled mostly in the state’s favor to proceed with the lawsuit.

Judge Chalfant wrote in his tentative ruling that while the city has temporarily paused the moratorium, it “does not resolve these issues because it is only temporary while the city attempts to resolve the dispute with HCD.”

“No facts or evidence supported the City’s conclusion that the existence of Shelter and Supportive Housing poses an immediate threat to public health, safety, and welfare,” wrote Judge Chalfant.

However, the Judge ruled in Norwalk’s favor to remove the city council as a defendant in the litigation. Since the case concerns the council’s actions as a legislative body, it is not a legal entity separate from the city.

The Los Angeles Superior Court Judge did issue a criticism of both parties, writing that the case could have been conducted in a better manner.

He acknowledged how the city’s argument contradicts itself, writing that not complying with state law “harms the public interest that Petitioners are obligated to protect.”

Towards the state (Petitioners) he writes they “charged into court and insisted on invalidation of the moratorium” and did not want to have a discussion with the city or “address its concerns.”