Case: Hope for The Homeless Lakeside, Inc. v. County of San Diego

3:24-cv-01009 | U.S. District Court for the Southern District of California

Filed Date: June 9, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 10, 2024, Hope for the Homeless Lakeside and multiple named individuals (collectively, “HFTH-L”) filed suit against the County of San Diego, City of Lakeside, City of Santee, City of San Diego, California Department of Transportation, and several police officers in the U.S. District Court for the Southern District of California (collectively, “San Diego”). This case was assigned to District Court Judge Myron James Lorenz. HFTH-L's proposed class action lawsuit challenged the defendants'…

On June 10, 2024, Hope for the Homeless Lakeside and multiple named individuals (collectively, “HFTH-L”) filed suit against the County of San Diego, City of Lakeside, City of Santee, City of San Diego, California Department of Transportation, and several police officers in the U.S. District Court for the Southern District of California (collectively, “San Diego”). This case was assigned to District Court Judge Myron James Lorenz. HFTH-L's proposed class action lawsuit challenged the defendants' practice of clearing the camps of unhoused people without notice, taking their property, and forcing them to move elsewhere without offering other options. Most of the class action members were born in East County and continued to live there. HFTH-L's counsel included three private attorneys who negotiated a settlement mandating that the city provide notice before clearing camps and offer storage spaces. 

HFTH-L filed a second amended class action complaint on January 6, 2025, seeking declaratory relief and injunctive relief for alleged violations of the first, fourth, and fourteenth amendments, violations of the Americans with Disabilities Act, and violations of California law and Article I of California’s constitution. San Diego filed a motion to dismiss for failure to state a claim, which the court granted on May 27 with leave to amend. The court held that, because the second amended complaint treated defendants and plaintiffs as groups and did not state which defendant or plaintiff was responsible for or suffered harm, it could not determine if HFTH-L had stated a claim for any cause of action. 

In response, HFTH-L filed an amended complaint on July 31, which defendants moved to dismiss for failure to state a claim and lack of jurisdiction on September 29. As of November 1, 2025, the motion to dismiss is pending and the case is ongoing. 

Summary Authors

Jacquelynn Gutierrez (5/22/2025)

Avery Coombe (11/1/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68841634/parties/hope-for-the-homeless-lakeside-inc-v-county-of-san-diego/


Judge(s)

Lorenz, Myron James (California)

Attorney for Plaintiff

Dreher, Robert Scott (California)

Attorney for Defendant

Biggerstaff, Elizabeth Louise (California)

Coronado, Kara L. (California)

Green, Matthew L (California)

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Documents in the Clearinghouse

Document
3

3:24-cv-01009

First Amended Complaint

Aug. 18, 2024

Aug. 18, 2024

Complaint
13

3:24-cv-01009

Second Amended Complaint

Jan. 6, 2025

Jan. 6, 2025

Complaint
27

3:24-cv-01009

Order Granting Motions to Dismiss

Hope for The Homeless Lakeside, Inc. et al. v. County of San Diego et al.

May 27, 2025

May 27, 2025

Order/Opinion
30

3:24-cv-01009

Third Amended Class Action Complaint For Injunctive And Declaratory Relief Against Violations Of The Fourth & Fourteenth Amendments To The United States Constitu- Tion Under Color Of Authority (42 U.S.C. §1983); Violations Of The Ameri- Cans With Disabilities Act (42 U.S.C. §12132); And Violations Of The Constitution And Laws Of The State Of California

Hope for The Homeless Lakeside, Inc. et al. v. County of San Diego et al.

July 31, 2025

July 31, 2025

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68841634/hope-for-the-homeless-lakeside-inc-v-county-of-san-diego/

Last updated Nov. 25, 2025, 4:05 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT with Jury Demand against City of Lakeside, California Deparment of Transportation, California Highway Patrol, City of San Diego, City of Santee, County of San Diego ( Filing fee $ 405 receipt number ACASDC-18917262.), filed by Steven Leggott (Individually on Behalf of Themselves and All Others Similarly Situated), Jill McCoy(Individually on Behalf of Themselves and All Others Similarly Situated), City of Lakeside, James Dattolico, Hope for The Homeless Lakeside, Inc., Daniel Cappasola, David Williams, Christy Gillette, Michael Bishop. (Attachments: # 1 Info Sheet Civil Cover Sheet)The new case number is 3:24-cv-1009-L-MSB. Judge M. James Lorenz and Magistrate Judge Michael S. Berg are assigned to the case. (Dreher, Robert)(axc1) (jmo). (Entered: 06/10/2024)

June 9, 2024

June 9, 2024

2

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (axc1) (jmo). (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

3

AMENDED COMPLAINT with Jury Demand By All Plaintiiffs against All Defendants, filed by Steven Leggott (Individually on Behalf of Themselves and All Others Similarly Situated), Jill McCoy(Individually on Behalf of Themselves and All Others Similarly Situated), James Dattolico, Hope for The Homeless Lakeside, Inc., Daniel Cappasola, Christy Gillette(Individually on Behalf of Themselves and All Others Similarly Situated ), Michael Bishop. (Dreher, Robert) (dim). (Entered: 08/18/2024)

Aug. 18, 2024

Aug. 18, 2024

Clearinghouse
4

Joint MOTION to Continue Briefing Schedule for Motions to Dismiss by City of San Diego. (Biggerstaff, Elizabeth)Attorney Elizabeth Louise Atkins Biggerstaff added to party City of San Diego(pty:dft) (ddf). (Entered: 10/15/2024)

Oct. 15, 2024

Oct. 15, 2024

5

ORDER Granting City Of San Diego, County Of San Diego, City Of Santee, And Plaintiffs' Joint Motion Requesting Court Set Proposed Briefing Schedule On Motions To Dismiss [ECF No. 4 ]. Signed by Judge M. James Lorenz on 10/15/2024. (ddf) (Entered: 10/15/2024)

Oct. 15, 2024

Oct. 15, 2024

6

AMENDED ORDER Granting City Of San Diego, County Of San Diego, City Of Santee, And Plaintiffs' Joint Motion Requesting Court Set Proposed Briefing Schedule On Motions To Dismiss [ECF No. 4 ]. Signed by Judge M. James Lorenz on 10/16/2024.(ddf) (Entered: 10/16/2024)

Oct. 16, 2024

Oct. 16, 2024

7

Joint MOTION for Extension of Time to File Response/Reply by California Deparment of Transportation. (Serieys, Amy)Attorney Amy Marie Serieys added to party California Deparment of Transportation(pty:dft) (dim). (Entered: 11/08/2024)

Nov. 8, 2024

Nov. 8, 2024

8

ORDER Granting Plaintiffs and Defendant California Department of Transportations Joint Motion to Join Briefing Schedule on Motion to Dismiss. Signed by Judge M. James Lorenz on 11/12/2024. (dim) (Entered: 11/12/2024)

Nov. 12, 2024

Nov. 12, 2024

9

DOCUMENT STRICKEN PER ECF 10 (dim). (Entered: 11/22/2024)

Nov. 22, 2024

Nov. 22, 2024

10

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Rejecting re 9 MOTION to Amend/Correct Stip by All Parties to File 2nd Am Complaint, from Plaintiffs Daniel Cappasola, James Dattolico, Hope for The Homeless Lakeside, Inc., Charity Davis, Jennifer Gaska, Steven Leggott, David Williams, Michael Bishop. Non-compliance with local rule(s), -ECF §2.f(4): Failure to comply with signature certification requirements for joint filing. -Civ. Loc. R. 7.2(c): Upon the filing of a joint motion, the filing party must also submit a proposed order to the assigned judicial officer.. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties, Original Document was returned to the filer (Attachments: # 1 Stricken Document)(dim) (Entered: 11/26/2024)

Nov. 26, 2024

Nov. 26, 2024

11

Joint MOTION to Amend/Correct File 2nd Amended Complaint by Daniel Cappasola, James Dattolico, Hope for The Homeless Lakeside, Inc., Charity Davis(Individually on Behalf of Themselves and All Others Similarly Situated), Jennifer Gaska(Individually on Behalf of Themselves and All Others Similarly Situated ), Steven Leggott (Individually on Behalf of Themselves and All Others Similarly Situated), David Williams, Michael Bishop. (Dreher, Robert) (dim). (Entered: 11/26/2024)

Nov. 26, 2024

Nov. 26, 2024

12

Order Granting Joint Motion To File The Second Amended Complaint And Set Schedule [ECF No. 11 ] Second Amended Complaint due by 1/6/2025, Response due by 2/7/2025. Signed by Judge M. James Lorenz on 11/26/2024. (dim) (Entered: 11/26/2024)

Nov. 26, 2024

Nov. 26, 2024

13

AMENDED COMPLAINT with Jury Demand By all Plaintiffs against All Defendants, filed by Steven Leggott (Individually on Behalf of Themselves and All Others Similarly Situated), Jill McCoy(Individually on Behalf of Themselves and All Others Similarly Situated), James Dattolico, Hope for The Homeless Lakeside, Inc., Daniel Cappasola, David Williams, Christy Gillette(Individually on Behalf of Themselves and All Others Similarly Situated ), Michael Bishop.New Summons Requested. (Dreher, Robert) (dim). (Entered: 01/06/2025)

Jan. 6, 2025

Jan. 6, 2025

Clearinghouse
14

Amended Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (dim) (Entered: 01/07/2025)

Jan. 7, 2025

Jan. 7, 2025

15

MOTION to Dismiss for Failure to State a Claim, MOTION to Dismiss for Lack of Jurisdiction by Tony Tavares, Ann Fox. (Attachments: # 1 Memo of Points and Authorities in support of motion to dismiss)(Serieys, Amy)Attorney Amy Marie Serieys added to party Tony Tavares(pty:dft), Attorney Amy Marie Serieys added to party Ann Fox (pty:dft) (rxc). (Entered: 02/07/2025)

Feb. 7, 2025

Feb. 7, 2025

16

MOTION to Dismiss for Failure to State a Claim by City of Santee. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Joinder)(Green, Matthew)Attorney Matthew L Green added to party City of Santee(pty:dft) (rxc). (Entered: 02/07/2025)

Feb. 7, 2025

Feb. 7, 2025

17

MOTION to Dismiss Plaintiffs' Second Amended Complaint; Notice of Joinder by County of San Diego. (Attachments: # 1 Memo of Points and Authorities in Support of Defendant County of San Diegos Motion to Dismiss Plaintiffs Second Amended Complaint, # 2 Request for Judicial Notice in Support of Defendant County of San Diegos Motion to Dismiss Plaintiffs Second Amended Complaint, # 3 Exhibit A, # 4 Proof of Service)(Stotland, David)Attorney David Meir Stotland added to party County of San Diego(pty:dft) (rxc). (Entered: 02/07/2025)

Feb. 7, 2025

Feb. 7, 2025

18

MOTION to Dismiss for Failure to State a Claim by City of San Diego. (Attachments: # 1 Memo of Points and Authorities in Support of City of San Diego's Motion to Dismiss Plaintiffs' Second Amended Complaint; Notice of Joinder, # 2 Request for Judicial Notice, # 3 Exhibit, # 4 Proof of Service)(Biggerstaff, Elizabeth) (rxc). (Entered: 02/07/2025)

Feb. 7, 2025

Feb. 7, 2025

19

RESPONSE in Opposition re 17 MOTION to Dismiss Plaintiffs' Second Amended Complaint; Notice of Joinder filed by Brian Albone(Individually on Behalf of Themselves and All Others Similarly Situated), Michael Bishop, Daniel Cappasola, James Dattolico, Charity Davis(Individually on Behalf of Themselves and All Others Similarly Situated), Jennifer Gaska(Individually on Behalf of Themselves and All Others Similarly Situated ), Hope for The Homeless Lakeside, Inc., David Williams. (Dreher, Robert) (rmc). (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

20

RESPONSE in Opposition re 18 MOTION to Dismiss for Failure to State a Claim filed by Brian Albone(Individually on Behalf of Themselves and All Others Similarly Situated), Michael Bishop, Daniel Cappasola, James Dattolico, Charity Davis(Individually on Behalf of Themselves and All Others Similarly Situated), Jennifer Gaska(Individually on Behalf of Themselves and All Others Similarly Situated ), Hope for The Homeless Lakeside, Inc., David Williams. (Dreher, Robert) (rmc). (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

21

RESPONSE in Opposition re 15 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Brian Albone(Individually on Behalf of Themselves and All Others Similarly Situated), Michael Bishop, Daniel Cappasola, James Dattolico, Charity Davis(Individually on Behalf of Themselves and All Others Similarly Situated), Jennifer Gaska(Individually on Behalf of Themselves and All Others Similarly Situated ), Hope for The Homeless Lakeside, Inc., David Williams. (Dreher, Robert) (rmc). (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

22

RESPONSE in Opposition re 16 MOTION to Dismiss for Failure to State a Claim filed by Brian Albone(Individually on Behalf of Themselves and All Others Similarly Situated), Michael Bishop, Daniel Cappasola, James Dattolico, Charity Davis(Individually on Behalf of Themselves and All Others Similarly Situated), Jennifer Gaska(Individually on Behalf of Themselves and All Others Similarly Situated ), Hope for The Homeless Lakeside, Inc., David Williams. (Dreher, Robert) (rmc). (Entered: 02/26/2025)

Feb. 26, 2025

Feb. 26, 2025

23

REPLY to Response to Motion re 18 MOTION to Dismiss for Failure to State a Claim filed by City of San Diego. (Attachments: # 1 Proof of Service)(Biggerstaff, Elizabeth) (rmc). (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

24

RESPONSE in Support re 17 MOTION to Dismiss Plaintiffs' Second Amended Complaint; Notice of Joinder Reply in Support of Motion to Dismiss Plaintiff's Second Amended Complaint filed by County of San Diego. (Attachments: # 1 Proof of Service)(Stotland, David) (rmc). (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

25

REPLY - Other re 21 Response in Opposition to Motion,, to Dismiss for Failure to State a Claim filed by Ann Fox, Tony Tavares. (Attachments: # 1 Proof of Service)(Serieys, Amy) (rmc). (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

26

REPLY to Response to Motion re 16 MOTION to Dismiss for Failure to State a Claim filed by City of Santee. (Green, Matthew) (rmc). (Entered: 03/21/2025)

March 21, 2025

March 21, 2025

27

ORDER Granting 15 16 17 18 Motions to Dismiss. If Plaintiffs choose to file an amended complaint, they must do so no later than 6/30/2025. Signed by Judge M. James Lorenz on 5/27/2025. (rmc) (Entered: 05/27/2025)

May 27, 2025

May 27, 2025

Clearinghouse
28

Joint MOTION for Extension of Time to File 3rd Amended Complaint by Brian Albone(Individually on Behalf of Themselves and All Others Similarly Situated), Michael Bishop, Daniel Cappasola, James Dattolico, Charity Davis(Individually on Behalf of Themselves and All Others Similarly Situated), Jennifer Gaska(Individually on Behalf of Themselves and All Others Similarly Situated ), Hope for The Homeless Lakeside, Inc., David Williams. (Dreher, Robert) (rmc). (Entered: 06/21/2025)

June 21, 2025

June 21, 2025

29

ORDER Granting 28 Joint Motion to Extend. Signed by Judge M. James Lorenz on 6/23/2025. (rmc) (Entered: 06/23/2025)

June 23, 2025

June 23, 2025

30

AMENDED COMPLAINT with Jury Demand against All Plaintiffs, filed by Steven Leggott (Individually on Behalf of Themselves and All Others Similarly Situated), Jill McCoy(Individually on Behalf of Themselves and All Others Similarly Situated), James Dattolico, Hope for The Homeless Lakeside, Inc., Daniel Cappasola, David Williams, Christy Gillette(Individually on Behalf of Themselves and All Others Similarly Situated ), Michael Bishop. (Dreher, Robert) (rmc). (Entered: 07/31/2025)

July 31, 2025

July 31, 2025

Clearinghouse
31

NOTICE of Appearance by Kara L. Coronado on behalf of City of Santee (Coronado, Kara)Attorney Kara L. Coronado added to party City of Santee(pty:dft) (rmc). (Entered: 08/19/2025)

Aug. 19, 2025

Aug. 19, 2025

32

NOTICE of Appearance by Christopher M. Moffitt on behalf of City of Santee (Moffitt, Christopher)Attorney Christopher M. Moffitt added to party City of Santee(pty:dft) (rmc). (Entered: 08/19/2025)

Aug. 19, 2025

Aug. 19, 2025

33

Joint MOTION for Extension of Time to File Answer or Motion to Dismiss 3rd Amended Complaint. (Attachments: # 1 Proposed Order)(Boyne, Patrick)Attorney Patrick Boyne added to party California Deparment of Transportation(pty:dft) QC mail sent re efiled unsigned order (rmc). Modified on 8/28/2025 to reflect correct motion event (rmc). (Entered: 08/27/2025)

Aug. 27, 2025

Aug. 27, 2025

34

ORDER Granting in Part 33 Joint Motion to Set Briefing Schedule. Signed by Judge M. James Lorenz on 9/2/2025. (rmc) (Entered: 09/02/2025)

Sept. 2, 2025

Sept. 2, 2025

35

Joint MOTION to Dismiss for Failure to State a Claim Third Amended Complaint, Joint MOTION to Dismiss for Lack of Jurisdiction Third Amended Complaint by City of Santee, County of San Diego, Ann Fox, Tony Tavares. (Attachments: # 1 Memo of Points and Authorities in support of Motion to Dismiss, # 2 Request for Judicial Notice in support of Motion to Dismiss)(Serieys, Amy)Attorney Amy Marie Serieys added to party City of Santee(pty:dft), Attorney Amy Marie Serieys added to party County of San Diego(pty:dft) (rmc). (Entered: 09/29/2025)

Sept. 29, 2025

Sept. 29, 2025

36

RESPONSE in Opposition re 35 Joint MOTION to Dismiss for Failure to State a Claim Third Amended ComplaintJoint MOTION to Dismiss for Lack of Jurisdiction Third Amended Complaint filed by Brian Albone(Individually on Behalf of Themselves and All Others Similarly Situated), Michael Bishop, Daniel Cappasola, James Dattolico, Charity Davis(Individually on Behalf of Themselves and All Others Similarly Situated), Jennifer Gaska(Individually on Behalf of Themselves and All Others Similarly Situated ), Hope for The Homeless Lakeside, Inc., David Williams. (Dreher, Robert) (rmc). (Entered: 11/09/2025)

Nov. 9, 2025

Nov. 9, 2025

37

Joint MOTION for Extension of Time to File Response/Reply by County of San Diego. (Attachments: # 1 Proof of Service Declaration of Service)(Stotland, David) (rmc). (Entered: 11/20/2025)

Nov. 20, 2025

Nov. 20, 2025

Case Details

State / Territory:

California

Case Type(s):

Speech and Religious Freedom

Disability Rights

Key Dates

Filing Date: June 9, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons in the region of East San Diego County that contains the City of Santee and the unincorporated areas of the City of Lakeside, and adjacent areas thereabouts, who: (1) have been the subjects of Defendants’ sweeps, citations, warnings, chase-away efforts, property seizures, destructions, takings, and/or confiscations, and/or other action(s), and repeated threats thereof; (2) were homeless at the time of Defendants’ enforcement actions and threats thereof; and (3) because of such homelessness had nowhere else to place themselves or their belongings except on public property at the time(s) of Defendants’ action(s).

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

San Diego County (San Diego), County

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Transportation

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Ex parte Young (federal or state officials)

State law

Constitutional Clause(s):

Equal Protection

Freedom of speech/association

Unreasonable search and seizure

Other Dockets:

Southern District of California 3:24-cv-01009

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Granted:

None yet

Source of Relief:

None yet

Issues

General/Misc.:

Poverty/homelessness

Transportation

Disability and Disability Rights:

Depression

Disability, unspecified

Mental Illness, Unspecified

Mobility impairment

Schizophrenia