You are on page 1of 60

From: Granda, Melosa

To: Randy Sugarman


Subject: Empyrean - copy of listing by broker, broker"s contact info
Date: Monday, November 23, 2015 12:07:56 PM

Hi Randy,
Could you please send me a copy of the listing by the broker? And in case I need it in the near
future, the contact info for the Colliers broker?
Many thanks,
Melosa

Melosa Granda
Neighborhood Law Corps Attorney
Office of the City Attorney
1 Frank H. Ogawa Plaza, 6th Floor
Oakland, CA 94612
Dir: (510) 238-6629
Fax: (510) 238-6500
mgranda@oaklandcityattorney.org

The Neighborhood Law Corps (NLC) is within the community unit at the Oakland City
Attorneys Office, it addresses public nuisance problems that affect the quality of life
in Oakland communities, which tends to involve slumlords, blight, drug nuisance
properties, prostitution motels and hotels, illegal dumping, graffiti, gambling
nuisance properties, and more. The NLC focuses on problematic properties where
these issues are playing out and they use legal tools to pressure the property owner
to abate the public nuisance (including suing the property owner). The NLCs work
depends on their relationships with community members, communities leadership,
and communities willingness to report incidences and be witnesses.

From: Granda, Melosa


To: jalmanza@bayareacs.org; Randy Sugarman pagnoletti@ehmergroup.com
Subject: Empyrean Towers: DRS, BACS, Trustee collaboration
Date: Monday, July 18, 2016 3:04:02 PM
Attachments: Exhibit 2 to Decl of Trustee ISO of Motion - DRS Purchase Agreement.pdf
2.23.16 DRS Letter of Intent.pdf
DRS Resume.pdf

Hello All,

This email is to encourage collaboration between a potential purchaser DRS, a non-profit


housing/social service provider Bay Area Community Services (BACS), and the Empyrean Ch. 11
Trustee Randy Sugarman. While Resources for Community Development (RCD) has the exclusive
option to purchase the Empyrean by ~ Oct. 15, 2016, a 7/27/16 Ch. 11 bankruptcy auction and sale
hearing will decide a backup bidder/purchaser in the event that RCD does not exercise their option.

The City (Richard Illgen, Maria Bee, Melosa Granda) had the pleasure of speaking
with Ms. Almanza of BACS last 7/15 about potentially leasing/managing the
Empyrean in partnership with the future owner. Attached are documents describing
DRSs intentions and background. Ms. Almanza, again Ill suggest to speak with
Randy Shaw of the Tenderloin Housing Clinic about how DRS partners with them.

Ms. Almanza wishes to know about the current building conditions, i.e. current status and estimates
for repairing the elevator. I hope that Trustee Sugarman can assist with such information, including
arranging a visit to the Empryean. I suggest providing Mr. Sugarman with a more specific request for
the building conditions info sought.

Please keep me informed about any developments as to potential collaboration, particularly prior to
the 7/27 Ch. 11 bankruptcy auction and sale hearing. Id be glad to join for any meetings you may
plan.

Here is contact information:

Jamie Almanza, Executive Director of Bay Area Community Services (BACS) (510)
415-4672 jalmanza@bayareacs.org www.bayareacs.org

Peter Agnoletti, General Counsel & Business Manager for The Ehmer Group (303)
883-6788 pagnoletti@ehmergroup.com www.ehmergroup.com (clients Dipak R.
Patel, Satish Patel, Richard Ehmer)

Randy Sugarman, Ch. 11 Trustee for the Empyrean Towers in Case No. 15-42341
RLE 11. Sugarman & Company LLP office (415) 395-7501 cell

Best,
Melosa Granda
Neighborhood Law Corps Attorney
Office of the City Attorney
1 Frank H. Ogawa Plaza, 6th Floor
Oakland, CA 94612
Dir: (510) 238-6629
Fax: (510) 238-6500
mgranda@oaklandcityattorney.org

The Neighborhood Law Corps (NLC) is within the Oakland City Attorneys Office
Affirmative Litigation and Innovation Unit. The NLC addresses public nuisance
problems that affect the quality of life in Oakland communities, which tends to
involve slumlords, blight, drug nuisance properties, human trafficking and places of
prostitution, illegal dumping, graffiti, environmental contamination, and more. The
NLC focuses on problematic properties where these issues are playing out and they
use legal tools to pressure the property owner to abate the public nuisance
(including suing the property owner). The NLCs work depends on their relationships
with community members, communities leadership, and communities willingness to
report incidences and be witnesses.

This is a confidential attorney-client communication. This email contains confidential


attorney-client privileged information and is for the sole use of the intended
recipient(s). Any unauthorized review, use, disclosure or distribution is prohibited. If
you are not the intended recipient, please contact the sender by reply e-mail and
destroy all copies of the original message and any attachments. [v1.3]
From: "Granda, Melosa"
To: jalmanza@bayareacs.org; Randy Sugarman pagnoletti@ehmergroup.com
Subject: Empyrean Towers: DRS, BACS, Trustee collaboration
Date: Monday, July 18, 2016 3:04:02 PM
Attachments: Exhibit 2 to Decl of Trustee ISO of Motion - DRS Purchase Agreement.pdf
2.23.16 DRS Letter of Intent.pdf
DRS Resume.pdf

Hello All,

This email is to encourage collaboration between a potential purchaser DRS, a non-profit


housing/social service provider Bay Area Community Services (BACS), and the Empyrean Ch. 11
Trustee Randy Sugarman. While Resources for Community Development (RCD) has the exclusive
option to purchase the Empyrean by ~ Oct. 15, 2016, a 7/27/16 Ch. 11 bankruptcy auction and sale
hearing will decide a backup bidder/purchaser in the event that RCD does not exercise their option.

The City (Richard Illgen, Maria Bee, Melosa Granda) had the pleasure of speaking
with Ms. Almanza of BACS last 7/15 about potentially leasing/managing the
Empyrean in partnership with the future owner. Attached are documents describing
DRSs intentions and background. Ms. Almanza, again Ill suggest to speak with
Randy Shaw of the Tenderloin Housing Clinic about how DRS partners with them.

Ms. Almanza wishes to know about the current building conditions, i.e. current status and estimates
for repairing the elevator. I hope that Trustee Sugarman can assist with such information, including
arranging a visit to the Empryean. I suggest providing Mr. Sugarman with a more specific request for
the building conditions info sought.

Please keep me informed about any developments as to potential collaboration, particularly prior to
the 7/27 Ch. 11 bankruptcy auction and sale hearing. Id be glad to join for any meetings you may
plan.

Here is contact information:

Jamie Almanza, Executive Director of Bay Area Community Services (BACS) (510)
415-4672 jalmanza@bayareacs.org www.bayareacs.org

Peter Agnoletti, General Counsel & Business Manager for The Ehmer Group (303)
883-6788 pagnoletti@ehmergroup.com www.ehmergroup.com (clients Dipak R.
Patel, Satish Patel, Richard Ehmer)

Randy Sugarman, Ch. 11 Trustee for the Empyrean Towers in Case No. 15-42341
RLE 11. Sugarman & Company LLP office (415) 395-7501 cell

Best,
Melosa Granda
Neighborhood Law Corps Attorney
Office of the City Attorney
1 Frank H. Ogawa Plaza, 6th Floor
Oakland, CA 94612
Dir: (510) 238-6629
Fax: (510) 238-6500
mgranda@oaklandcityattorney.org

The Neighborhood Law Corps (NLC) is within the Oakland City Attorneys Office
Affirmative Litigation and Innovation Unit. The NLC addresses public nuisance
problems that affect the quality of life in Oakland communities, which tends to
involve slumlords, blight, drug nuisance properties, human trafficking and places of
prostitution, illegal dumping, graffiti, environmental contamination, and more. The
NLC focuses on problematic properties where these issues are playing out and they
use legal tools to pressure the property owner to abate the public nuisance
(including suing the property owner). The NLCs work depends on their relationships
with community members, communities leadership, and communities willingness to
report incidences and be witnesses.

From: Pamela Egan


To: Randy SUGARMAN
Cc: Anne Omura; Chris Beatty; Randy Michelson; Illgen, Richard; Michael Sweet
Subject: Empyrean
Date: Friday, March 04, 2016 9:24:06 AM

Dear Randy,

I am following up on your phone call to me regarding obtaining a back up


bidder. You requested my input.

I believe you should issue a Request for Proposal to non-profits. The City
of Oakland and Anne Omura, copied here, can provide invaluable insight
and assistance in this regard. I encourage you to actively seek it.

I also believe you should obtain approval of a bidding procedure. I want to


avoid another situation where there is any possibility of a bidder being
presented without proper notice or vetting.
Pamela Marie Egan|Partner

Rimon,Law Firm Evolved

Direct: 415.688.4622 | Ph: 415.683.5472 ext. 994|pamela.egan@rimonlaw.com|Learn


about Rimon PC

One Embarcadero Center, Suite 400, San Francisco, CA 94111

Boston | Chicago |Lake Tahoe | Los Angeles |Minneapolis|New York | Northern Virginia | Orange County |
Orlando | Palo Alto | San Diego | San Francisco | Seattle | South Florida | Tel Aviv |Washington DC
www.rimonlaw.com

Follow Rimon on Twitter|Join Rimon's LinkedIn Group|Read Rimon's Insights| Watch Rimon's Video

This e-mail is sent by a law firm and contains information that may be confidential or privileged. If you have
received this communication in error, please reply to the sender (only)and then please delete this message from
your inbox as well as any copies. Thank you.
From: "Bee, Maria"
To: Randy Sugarman
Subject: Insurance Claim
Date: Thursday, September 08, 2016 10:34:09 AM
Attachments: 42064779_1_2016_08_31_Notice of Claim to US Liability Insurance Company-....pdf

Randy,
Good to talk to you today. I wrote down the email address you gave incorrectly, so I am sending the
claim to this email address.

Thanks,
Maria

Maria Bee, Special Counsel


Office of Oakland City Attorney Barbara J. Parker
One Frank H. Ogawa Plaza, Sixth Floor
Oakland, California 94612
Phone: 510-238-3814
Fax: 510-238-6500

This is a confidential attorney-client communication. This email contains confidential attorney-client


privileged information and is for the sole use of the intended recipient(s). Any unauthorized review, use,
disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by
reply e-mail and destroy all copies of the original message and any attachments.

P Please consider the environment before printing this email

From: Granda, Melosa


To: "Randy Sugarman"; Illgen, Richard; Anne Omura
Subject: RE: cancelling our Empyrean financing meeting that was tentatively scheduled for 11/12 12:30pm
Date: Thursday, November 12, 2015 10:26:19 AM

Randy,
Indeed, we are principal participants in resolving issues surrounding the Empyrean; but Im not sure
we have solutions about financing/lack of equity. Richards schedule looks jammed packed today,
but at todays hearing Richard and I will be there to hear your thoughts on what we could add to the
financing/lack of equity problem solving conversation. At that point, well see its a good use of
time to plan a meeting (well have to keep a post BK hearing meeting as a tentative idea). We
certainly want to be helpful, but we only want to meet on topics we think we can be helpful with.
Best,
Melosa

From: Randy Sugarman


Sent: Wednesday, November 11, 2015 5:15 AM
To: Granda, Melosa; Illgen, Richard; Anne Omura
Subject: Re: cancelling our Empyrean financing meeting that was tentatively scheduled for 11/12
12:30pm

On the contrary I think you, Richard and Anne have a lot to


add to the dialog as you are some of the principal participants
in the process of resolving the various issues surrounding the
Empyrean. I look forward to speaking with you after the
hearing at 2:00 pm. I assume we will meet at your office.
With this email I am contacting Anne and hopefully she will
be able to rearrange her schedule accordingly.
On Tue, Nov 10, 2015 at 4:21 PM, Granda, Melosa <MGranda@oaklandcityattorney.org>
wrote:
Hi Randy and Anne,
Im cancelling our Empyrean sources of financing/lack of equity meeting that was tentatively
scheduled for 11/12 12:30pm. Randy, Richard and I can touch base with you about this
briefly at the Thurs hearing, but we dont believe we have much to add to this brainstorm.
Thanks,
Melosa

Melosa Granda
Neighborhood Law Corps Attorney
Office of the City Attorney
1 Frank H. Ogawa Plaza, 6th Floor
Oakland, CA 94612
Dir: (510) 238-6629
Fax: (510) 238-6500
mgranda@oaklandcityattorney.org
The Neighborhood Law Corps (NLC) is within the community unit at the City Attorneys
Office, it addresses public nuisance problems that affect the quality of life (health, morals,
safety, comfort, or welfare) in Oakland communities, which tends to involve drug nuisance
properties, gambling nuisance properties, prostitution motels and hotels, slumlords,
vandalism, blight, illegal dumping, graffiti, and more. The NLC focuses on problematic
properties where these issues are playing out and they use legal tools to make the property
owner address the nuisance stemming from the property (including suing the property
owner). The NLC holds people accountable for illegal dumping and graffiti vandalism with
civil lawsuits, administrative and civil penalties. The NLCs work depends on their
relationships with community members, communities leadership, and communities
willingness to report incidences and be witnesses. The NLC also acts as a liaison by
connecting community members to the appropriate agencies that can assist with their issue.
From: "Illgen, Richard"
To: Randy Sugarman
Subject: RE: CV
Date: Monday, May 23, 2016 3:46:21 PM

Thanks Randy. I am passing it along.


Richard

Richard F. Illgen
Supervising Deputy City Attorney
Oakland City Attorneys Office
One Frank H. Ogawa Plaza, 6th Floor
Oakland, CA 94612
rfillgen@oaklandcityattorney.org
510-238-6517

From: Randy Sugarman


Sent: Monday, May 23, 2016 1:35 PM
To: Illgen, Richard
Subject: CV

Attached is a summary of some of the receiverships and other related projects where I have taken
over a real estate project and/or operating businesses and either turned them around or liquidated
them to maximize value. I can provide references if you would like ones or further detail of the
projects. I will call you in a few days to see if you would like additional material.

Thank you,

Randy Sugarman
500 Sansome Street, Suite 600
San Francisco, CA 94111
Phone: 415-395-7501
Cell:
Fax: 415-658-2858

From: Granda, Melosa


To: Randy Sugarman
Cc: King, Kevin; Hugo, Scott; Harris, Jaclyn
Subject: RE: Empyrean -
Date: Tuesday, March 28, 2017 2:50:18 PM

Hi Randy,
Nice to just speak to you, thanks for confirming that lives at the Empyrean and
that she speaks enough English to converse with. Please convey this message to Natalia: please call
Jaclyn Harris of Oakland City Attorneys Office 510-238-6135 to discuss Hotel Travelers.
Thanks,
Melosa

From: Melosa Granda [mailto:melosagranda@gmail.com]


Sent: Tuesday, March 28, 2017 2:28 PM
To: Harris, Jaclyn
Cc: King, Kevin; Hugo, Scott
Subject: Re: Natalia Pomortseva

Oops, this is to my personal email address.

On Mon, Mar 27, 2017 at 12:25 PM, Harris, Jaclyn <JHarris@oaklandcityattorney.org>


wrote:
Hi Melosa,

Do you (or the receiver) happen to know whether a still lives at the
Empyrean?

Were hoping to get in touch with her regarding her time at Hotel Travelers.

Best Wishes,

Jaclyn Anne Harris, Yale Public Interest Fellow


Office of Oakland City Attorney Barbara J. Parker
One Frank H. Ogawa Plaza, Sixth Floor
Oakland, California 94612
Phone: (510) 238-6135
Fax: (510) 238-6500

This is a confidential attorney-client communication. This email contains confidential


attorney-client privileged information and is for the sole use of the intended recipient(s). Any
unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended
recipient, please contact the sender by reply e-mail and destroy all copies of the original
message and any attachments. [v1.3]
From: "Granda, Melosa"
To: Randy Sugarman;
Subject: RE: Empyrean - Tenant Complaints
Date: Tuesday, December 13, 2016 1:34:13 PM

Hello Randy,
Are you saying that tenants are filing complaints with the City, which are then sent to Tse? Do you
know which City agency the complaints are going to? I would like an update on the building, I'll try
finding time to call today or tomorrow; or please call me when you have time.
Thanks,
Melosa

Melosa Granda, Neighborhood Law Corps Attorney


Office of Oakland City Attorney Barbara J. Parker
One Frank H. Ogawa Plaza, Sixth Floor
Oakland, California 94612
Phone: (510) 238-6629
Fax: (510) 238-6500

The Oakland City Attorneys Offices Neighborhood Law Corps (NLC) addresses public nuisance
problems that affect the quality of life in Oakland communities. These problems often involve slumlords,
blight, drug nuisance properties, human trafficking and places of prostitution, illegal dumping, graffiti,
environmental contamination, and more. The NLC uses legal tools to pressure violators and
property/business owners at problem properties to abate the nuisance, including pursuing administrative
enforcement and civil lawsuits. The NLCs work depends on their relationships with community
members, communities leadership, and communities willingness to report incidences and be witnesses.

-----Original Message-----
From: Randy Sugarman
Sent: Monday, December 12, 2016 8:15 PM
To: ; Granda, Melosa
Subject: Tenant Complaints

For some reasons tenant complaints are being sent to Alice Tse instead of me. Could I please get
copies of any current complaints and have all future complaints sent to me at my office address of
Randy Sugarman, Sugarman & Company, LLP, 500 Sansome Street, Suite 600, SF, CA 94111.

If you would like an update on the building etc please call me at


. Some interesting developments have and are occurring.
From: Pamela Egan
To: Randy Sugarman
Cc: Anne Omura; Chris Beatty; Randy Michelson; Illgen, Richard; Michael Sweet
Subject: Re: Empyrean
Date: Friday, March 04, 2016 12:00:32 PM

Please answer my queries regarding separately. There was more than


one question.

______________________________________________________

Pamela Marie Egan|Partner

Rimon,Law Firm Evolved

Direct: 415.688.4622 | Ph: 415.683.5472 ext. 994|pamela.egan@rimonlaw.com|Learn


about Rimon PC

One Embarcadero Center, Suite 400, San Francisco, CA 94111

On Fri, Mar 4, 2016 at 11:58 AM, Randy Sugarman >


wrote:
has paid March rent.

Randy and I agree regarding soliciting back up bidders but I do not view
that as a RFP. Also, I do agree we should have bidding procedures.
Randy how do you suggest we do this.

Psmela we should solicit everyone including for profit and non profit
developers. The criteria of the bid is the issue not whether they are non
profit or not.

On Fri, Mar 4, 2016 at 9:24 AM, Pamela Egan <pamela.egan@rimonlaw.com>


wrote:
Dear Randy,

I am following up on your phone call to me regarding obtaining a back


up bidder. You requested my input.

I believe you should issue a Request for Proposal to non-profits. The


City of Oakland and Anne Omura, copied here, can provide invaluable
insight and assistance in this regard. I encourage you to actively seek
it.

I also believe you should obtain approval of a bidding procedure. I


want to avoid another situation where there is any possibility of a
bidder being presented without proper notice or vetting.
Pamela Marie Egan|Partner

Rimon,Law Firm Evolved

Direct: 415.688.4622 | Ph: 415.683.5472 ext. 994|pamela.egan@rimonlaw.com|Learn


about Rimon PC

One Embarcadero Center, Suite 400, San Francisco, CA 94111

Boston | Chicago |Lake Tahoe | Los Angeles |Minneapolis|New York | Northern Virginia | Orange County |
Orlando | Palo Alto | San Diego | San Francisco | Seattle | South Florida | Tel Aviv |Washington DC
www.rimonlaw.com

Follow Rimon on Twitter|Join Rimon's LinkedIn Group|Read Rimon's Insights| Watch Rimon's Video

This e-mail is sent by a law firm and contains information that may be confidential or privileged. If you have
received this communication in error, please reply to the sender (only)and then please delete this message
from your inbox as well as any copies. Thank you.

Boston | Chicago |Lake Tahoe | Los Angeles |Minneapolis|New York | Northern Virginia | Orange County |
Orlando | Palo Alto | San Diego | San Francisco | Seattle | South Florida | Tel Aviv |Washington DC
www.rimonlaw.com

Follow Rimon on Twitter|Join Rimon's LinkedIn Group|Read Rimon's Insights| Watch Rimon's Video

This e-mail is sent by a law firm and contains information that may be confidential or privileged. If you have
received this communication in error, please reply to the sender (only)and then please delete this message from
your inbox as well as any copies. Thank you.
From: "Bee, Maria"
To: Randy Sugarman
Cc: randy.michaelson@michaelsonlawgroup.com; Hmgmvpro
Subject: RE: Meeting
Date: Sunday, March 12, 2017 7:07:32 PM

We can meet at my office. Thanks.

From: Randy Sugarman


Sent: Sunday, March 12, 2017 6:47 PM
To: Bee, Maria
Cc: randy.michaelson@michaelsonlawgroup.com; Hmgmvpro
Subject: Re: Meeting

Yes.

Sent from my iPhone

On Mar 12, 2017, at 3:56 PM, Bee, Maria <MBee@oaklandcityattorney.org> wrote:

Randy,
Are you available to meet after the hearing on Wednesday?

Maria Bee, Special Counsel
Office of Oakland City Attorney Barbara J. Parker
One Frank H. Ogawa Plaza, Sixth Floor
Oakland, California 94612
Phone: 510-238-3814
Fax: 510-238-6500


This is a confidential attorney-client communication. This email contains confidential


attorney-client privileged information and is for the sole use of the intended recipient(s).
Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the
intended recipient, please contact the sender by reply e-mail and destroy all copies of the
original message and any attachments.

P Please consider the environment before printing this email



This is a confidential attorney-client communication. This email contains
confidential attorney-client privileged information and is for the sole use of the
intended recipient(s). Any unauthorized review, use, disclosure or distribution is
prohibited. If you are not the intended recipient, please contact the sender by
reply e-mail and destroy all copies of the original message and any attachments.
[v1.3]
From: Don Fisher
To: Randy Sugarman
Cc: Chan, Jasmine; Cabral, Jorge; McNeil, Andrew; Vasquez, Susan; Minor, Gregory; Marcus, Nancy; Anne Omura;
Andrew Wolff; Chris Beatty; Granda, Melosa
Subject: Re: Permit Questions
Date: Wednesday, August 24, 2016 7:37:50 PM

Mr. Sugarman

Please remind about her music level and that she is disturbing tenants,
especially those directly above her cafe.

Since she is being sued by a tenant for just this type of behavior, it would be in the
best interest of the estate, that she refrain from playing music for the time being.

I have included members of the 2 permit departments that regulate permits in this
email. Please consult with them if you have any questions concerning proper
permitting of commercial spaces like Oakland Hot Plate.

Closing the doors may help the overflow, but the room above are still subject to the
disturbance.

Tenants have a right to a quiet environment.

Don Fisher

On Thu, Mar 17, 2016 at 1:50 PM, Marcus, Nancy <NMarcus@oaklandnet.com>


wrote:

Checking with OPD Special Events to see if they have ever issued a permit. Our office has not
issued any permits.

Thanks,

Nancy Marcus

Special Business Permits

Office of the City Administrator

1 Frank H. Ogawa Plaza 11th Fl.

Oakland, CA 94612

510-238-3294

510-238-7084 (fax)

HOME OF THE 2015 NBA CHAMPIONS -- WARRIORS

From: Don Fisher [mailto


Sent: Thursday, March 17, 2016 1:44 PM

To: Marcus, Nancy


Cc: Chan, Jasmine; Cabral, Jorge; McNeil, Andrew; Vasquez, Susan; Minor,
Gregory
Subject: Re: Permit Questions

Good Afternoon All

I have contacted you before concerning permits and an establishment @ 348 13th
Street, Oakland Ca. Proprietor:

On February 28, 2016, Oakland Hot Plate, as it is known, had an event that lasted
till 2:00 am.

We have requested information from the building Trustee on any permit issued to
her and he has not responded.

A tenant in the building complained to the management and Lina Torio, but all
efforts to combat her noise as gone unresolved.

Is there a way to find out if a permit was granted? Who would I speak to about
lodging a formal complaint?

Thank you

Don Fisher

On Tue, Jan 12, 2016 at 10:52 AM, Marcus, Nancy <NMarcus@oaklandnet.com>


wrote:

Since you indicated food and drink (alcohol?? an alcohol license is required) and health permit
from the Alameda County Environmental Health Dept. (567-6700) is required for any food or
beverages being distributed. If you are serving alcohol, you may apply for a one day alcohol
license from OPD Special Events (Sgt. McNeil or Officer Cabral).

How many people do you plan to expect and do you have a date in mind?

Nancy Marcus

Special Business Permits

Office of the City Administrator

1 Frank H. Ogawa Plaza 11th Fl.

Oakland, CA 94612

510-238-3294

510-238-7084 (fax)

HOME OF THE 2015 NBA CHAMPIONS -- WARRIORS

City Offices will be closed January 18, 2016

From: Don Fisher [mailto:


Sent: Tuesday, January 12, 2016 8:57 AM
To: Marcus, Nancy
Cc: Chan, Jasmine; Cabral, Jorge; McNeil, Andrew; Vasquez, Susan; Minor, Gregory
Subject: Re: Permit Questions

Hi Nancy

Thank you for the rapid reply.


The event would be held at 348 13th Street, Oakland. With live music, food and
drink. 348 is part, attached, to 344 13th Street.

Thanks for the attchment on the noise ordinance and the OPD contact information.

Don

On Tue, Jan 12, 2016 at 8:49 AM, Marcus, Nancy <NMarcus@oaklandnet.com>


wrote:

Need more information on the event you are planning and the address to where you plan to hold
it. You may be required to get a special event permit for your event. You should check in with
Sgt. McNeil or Officer Cabral at 510-777-8525 and discuss the event with them.

With regards to noise, Ive attached the noise regulations. After 10pm, they should not be
disturbed by the noise.

Thanks,

Nancy Marcus

Special Business Permits

Office of the City Administrator

1 Frank H. Ogawa Plaza 11th Fl.

Oakland, CA 94612

510-238-3294

510-238-7084 (fax)

HOME OF THE 2015 NBA CHAMPIONS -- WARRIORS

City Offices will be closed January 18, 2016

From: Don Fisher


Sent: Tuesday, January 12, 2016 8:26 AM
To: Marcus, Nancy; Chan, Jasmine
Subject: Permit Questions

Good Morning Oakland

I have a quuestion about the permit. Noise Ordinance Issue.

I plan on having an event that will go past 10:00pm, with a band and lots of
people. The location is in a cafe that is part of a residential building with tenants
directly above the venue.

Is there special considerations that need to be made as NOT to disturb the


tenants.

Thank you for your time.

--

Don Fisher
From: Don Fisher
To: Randy Sugarman
Cc: Tamanaha, Donna (USTP); Flynn, Rachel; Granda, Melosa;
USTP.Region04@usdoj.gov; Anne Omura
Subject: Re: Plumbing - Continue Issues
Date: Friday, August 19, 2016 4:32:35 PM

OK. And the sewage leakage?

On Aug 19, 2016 4:25 PM, "Randy Sugarman" wrote:


Toilet has been repaired.

Sent from my iPhone

On Aug 19, 2016, at 1:55 PM, Don Fisher wrote:

Sir,

This is a picture of the bathroom on the 5th Floor that is leaking into
the bathroom on the 4th Floor. See previous email for pictures oof 4th
Floor bathroom.

<IMG_20160819_121133594[1].jpg>

You know that I have seen the financials for construction in the
building and I know how much has gone to personally, to
her commercial space and the reduced rent that you afford her. Which
is a matter that will be addressed in court.

What I find hard to accept is that today her cafe is closed, the estate
has been paying her to be "whatever" she is being paid to be, but yet
these bathroom issues continue to plague the tenants.

Without going into details about the financials, the amount of money
you have been spending on the AirBNB project is insane, when
compared to the lack of working being done on tenant rooms and
tenant building issues.

And yep, we have bed bugs in the building again. Along with the
increased electrical outages. Raphael playing bongos in the building.

I do not expect you to know how to run the Empyrean, but I did
expect you to be seasoned enough to know how to hire the right
people.

My efforts to have you removed as trustee have largely been in vain,


but I will keep trying. It amazes me is that the USTO and two courts
know about you lying in court and yet you are still place.

Talk about a messed up system. I'll see if I can't fix it.


Cheers,

Don Fisher

On Thu, Aug 18, 2016 at 6:11 PM, Don Fisher


<golfershome@gmail.com> wrote:
Sir,

The bathroom the 4th Floor, across from 410, is leaking sewage from
the plumbing in the bathroom from the 5th Floor bathroom directly
above.

You can't mistake the smell. See pictures attached to this email.

--
Don Fisher
From: Frederick O. Lewis III
To: "Randy Sugarman"; "Pamela Egan"; "Randy Michelson"; cahgar@gmail.com
Cc: "Simon Aron"; Illgen, Richard; Granda, Melosa
Subject: RE: Proposal for Purchase of the Empyrean Towers
Date: Monday, February 22, 2016 1:40:12 AM

Randy,

I am responding to your email which it appears you did not read my February 17th proposal thoroughly
and understand it contents.

First off the RCD proposal does not address ANY of these issues now, which I am perplexed why you
are even considering it. I have asked if the type of document titled the "City's Parameters For Consent
To Sale Of Emprean" existed and no one seemed to know. I am glad it has now been produced.

Exhibit "B" of my February 17th letter lists two screen shots because they do not produce statements
from Bank of Guam totaling $5,000,000. This Bank has been based on Montgomery Street in San
Francisco for 40 years. Hitesh Bajaria is an executive at the bank and his office number is 650-777-
7692 or his cell is 954-520-3340. If I am able to assume the East West loan this will provide more than
enough money to purchase and rehabilitate the property. I do have an additional $4,000,000 in
reserves at First Republic, Opus and Sterling Bank which I can also produce documentation to support
that if necessary.

The RCD offer is a horrible offer. My offer is higher in price, can close in 90 days, and the building can
stop bleeding at the rate of $50,000 per month. There are not any guarantees that the RCD offer can
even close in 18 months. Tax credits, bond financing, and grants are very competitive and RCD is not
the only company asking for that money. Additionally they wish to take 30 units out of the City of
Oakland's housing stock. How does that help the affordable housing shortage?

In August of 2014 I purchased the Mark Twain Senior Community. A low income affordable housing
project at 3525 Lyon Avenue. A section of the building was condemned by the city of Oakland. There
were hundreds of city violations on the building. A private attorney even brought a lawsuit against the
previous owner because his client was beaten and robbed on site resulting from a number of security
lapses. Apparently this occurred on a number of instances to other individuals. The current manager
who is 68 would not walk around the property at night because of the danger that existed as the
seniors were easy targets for criminals. As of the date I took title I placed a number of security
measures in place such as gates, cameras, internal security and community involvement within the
complex and not one senior has been violated since my ownership. Additionally many residents have
informed me the complex is safer than it has been in 20 years. All 100+ violations were resolved in 8
months and most within 4 months. Since I go far and above what is requested by the city many of the
issues I remedied were also being completed at the same time.

In January of 2007 the city of Oakland attorneys named John Russo, Randolph Hall and James Hodgkins
brought a Complaint for Injunctive Relief, Abatement of Nuisance and Other Equitable Relief against
Liem H. Le. Exhibit "E" of that lawsuit listed 167 violations of which they hadn't even inspected the
entire building. This also did not include all of the Fire Department's violations. Chase Bank would not
even complete a foreclosure on the building though the loan had been delinquent for years, fearing the
wrath from the City of Oakland once they took title. The City and County were due over $700,000 for
Code Enforcement costs and delinquent property taxes. After a murder of a 10 year old, numerous
fires, gang fights and the hundreds of code violations the City of Oakland came to the property with
Police and Fire and removed everyone from the property the SAME day. The property was called the
Amber Tree Apartments at 2555 - 2567 Foothill Boulevard. You can google the numerous negative
articles on the property.

Most buyers wanted the City to discount what was owed to them and knock the buildings down. For
years it sat vacant and was an eyesore for the neighborhood. The mayor at the time called the building
"the ugliest and most dangerous building in Oakland". In October of 2010 I entered into a Compliance
Plan with then city attorney's Amber MacAulay and Richard Hodgkins and within a year completed the
entire project not only completing all of the violations but far exceeding the requirements of the city and
paid the city and county back 100 cents on the dollar what they were owed. My rents remained within
10% of the rents previous to the condemnation action attracting back many of the good residents. This
was all done with NO government assistance and all privately funded. The San Francisco Business
Times formally gave me an award for the best Community Project in the Bay Area at their Deal of the
Year presentation. I previously attached that article.

All of my projects in east Oakland are low income by the standards the city has listed however I do not
get any government grants, tax abatements or tax credits for the work I do. The properties were listed
in exhibit "C" of my February 17th letter which you may want to read again.

You stated "our preliminary review of your proposed budget would seem to indicate it does not
adequately address the cost of a new elevator".... I never gave you a proposed budget. In fact I am
the one that stated for many reasons the appraisal is inaccurate because they use a figure to repair the
elevator for $50,000 which was provided by the owner.

The existing rental agreements will be assumed and we will comply with the terms. That includes
giving all of the tenants decent, safe and sanitary housing. It will not happen on day 1 but it will
happen. We will first focus on all health and safety items first then move on to other items. If the
items are very time sensitive the tenants will be relocated within the building at no cost or
inconvenience to the tenant. Beyond that the litigation will be resolved with the insurance carrier and
the tenants will be compensated for their damages. The pending litigation doesn't present me any
problem to work with.

There are numerous other buildings in Oakland I have rehabilitated and owned in Oakland. NO ONE
does what I do privately in East Oakland and most would say no one does it as successfully as I do in
the entire Bay Area.

I can easily comply with ALL of the city requests in their Settlement Communication however
procedurally it must be discussed. No one is going to invest money into a building they do not own.
Time restraints for the items are fair after the building passes title and these restraints can be recorded
as exceptions to the title of the property. You stated you expect it to take years to have PG & E to
upgrade the service. For many owners it may however I have done so 3 times over the last few years
and was completed in less than 6 months because of the relationship I have with them.

I have been aware of this project for the last year but I have been busy renovating other properties and
my time has recently been freed up. I am perplexed that we had talked a couple of weeks ago and
informed you I was very interested in the building only to learn you entered into an option the day
before we met. I urge you not to dismiss my proposal and slow the breakneck speed you are moving at
to approve an option which for $50,000 doesn't solve ANY of the City of Oakland's concerns and will
guarantee the creditors will receive nothing from the sale of the property by the time the RCD deal
actually closes. I am happy to meet with you and your lawyers this week to continue to further solidify
a proposal.

Very Truly Yours,

Frederick O. Lewis III


Managing Member
California Affordable Housing Group LLC
Oakland Affordable Housing Group LLC
American Liberty Investments LLC
(209)522-9999/ fax (209)522-5939
dealmaker@charter.net
-----Original Message-----
From: Randy Sugarman
Sent: Sunday, February 21, 2016 8:49 PM
To: Frederick Lewis; Pamela Egan; Randy Michelson; cahgar@gmail.com
Subject: Proposal for Purchase of the Empyrean Towers

We reviewed your proposal and we need additional information in order to properly evaluate your
proposal. We need you to address the City of Oakland's wish list attached which I discussed with you
at our meeting. I have spoken with them regarding your proposal and other proposal and they need
and hence so do I a complete detailed response addressing their wish list especially item one. While
their list represents several items which might be more of a wish the reality is that item one is critical.
In order to properly evaluate the proposal we need to know what low income projects you either own
now or did own in the past how you dealt with the various issues of operating low income properties?
How do you propose to remediate the existing 100 plus building violations, the lack of an operable
elevator and the existing rental agreements with the Eviction Defense Center for reduced rent until all of
the various deficients are remedied.

Also, our preliminary review of your proposed budget would seem to indicate in does not adequately
address the cost of a new elevator and the time line to acquire an elevator along with the various other
code violation.

Also, we need to see a proof of funds from a national bank and/or from a state bank of standing
including the ability to confirm the proof of funds directly with an officer of that institution.

Furthermore when we spoke I indicated we wanted a back up offer to the proposed existing RCD
option. I do not believe the proposal meets that criteria.

I am available on my cell to discuss if you have questions.


From: Don Fisher
To: Randy Sugarman
Cc: Tamanaha, Donna (USTP); Andrew Wolff; Anne Omura; Kelly, Lynette C. (USTP); Granda, Melosa
Subject: Re: Raphael Music
Date: Thursday, July 07, 2016 9:09:28 PM

Mr. Sugarman

We have asked you to control music.

You continue to fail at simple task. I will visiting Ms. Parkers office in the morning to
file a complaint against you.

As well as the USTO and a letter to the judge.

This is abusive and will no longer be tolerated.

Don Fisher

On Jul 6, 2016 6:14 PM, "Don Fisher" wrote:


Mr. Sugarman

I have attached a copy of the local noise ordinance, again.

bongo playing in his room, all the while, children are trying to
study and have dinner.

Under the circumstances, I would have thought you a little more understanding of
her situation and especially after allowing to remaining in the
building. Slap a little harder next time.

Too many of us worked very hard and for a long time to cleanup the "bad
elements" in this building and yet you allow this kind of behavior to continue.

Now I see that has access to the offices, again.

Regards,

--
Don Fisher
From: Don Fisher
To: Randy Sugarman
Cc: Tamanaha, Donna (USTP); Andrew Wolff; Anne Omura; Kelly, Lynette C. (USTP); Granda, Melosa
Subject: Re: Raphael Toxic Fumes
Date: Saturday, July 09, 2016 9:23:40 PM

Mr. Sugarman

Some kind of paint and/paint thinner fumes are emanating from Raphael room.

Oakland Fire Department is being notified.

Don Fisher

On Jul 6, 2016 6:14 PM, "Don Fisher" > wrote:


Mr. Sugarman

I have attached a copy of the local noise ordinance, again.

bongo playing in his room, all the while, children are trying to
study and have dinner.

Under the circumstances, I would have thought you a little more understanding of
her situation and especially after allowing to remaining in the
building. Slap a little harder next time.

Too many of us worked very hard and for a long time to cleanup the "bad
elements" in this building and yet you allow this kind of behavior to continue.

Now I see that has access to the offices, again.

Regards,

--
Don Fisher
From: Don Fisher
To: Randy Sugarman
Cc: Chris Beatty; Pamela Egan; Anne Omura; Andrew Wolff; Randy Michelson; Tamanaha, Donna (USTP); Kelly,
Lynette C. (USTP); Granda, Melosa
Subject: Re: Security
Date: Sunday, August 07, 2016 2:40:18 PM

Sir,

Security should not be leaving the property at all without a replacement. Your stock
answer, I can only assume came from Jason, is an all to often occurrence.

Since these events have been witnessed by a numbers of tenants, legitimate


complaints that will be forwarded to the proper authorities.

You should stop complaining about cost when Anne came to you months ago with a
better security group and at savings. So as to motives, I question yours for keeping
them when the judge has been very clear about controlling costs and you where
presented with a way to save almost $3000 a month.

Don Fisher

On Sat, Aug 6, 2016 at 4:45 PM, Randy Sugarman


wrote:
Thank you for your information. You seem not to take the whole
situation into account. The security guard was across the street
being briefed by Jason on another situation at the Empyrean that I
asked Jason to brief all of his personnel on. They were standing
across the street observing the lobby while they spoke. You also must
know that they need to leave the front desk to walk the interior and
the exterior of the property which means they cannot be at the front
desk 100% of the time they are at the property. Maintaining someone a
100% of the time at the front desk is cost prohibitive. Even having
one person at the front desk or a security person 24/7 is one of the
reasons the property runs a negative cash flow.

Your other comments and/or conclusions are very irresponsible and


probably legally actionable. While I certainly am willing to listen
to legitimate issues many of yours cause me to question their purpose
and accuracy.

On Fri, Aug 5, 2016 at 9:54 PM, Don Fisher wrote:


> Sir,
>
> Please be advised that at 9:35 pm there was no security guard at the front
> desk.
>
> He was across the street at the club with the 2 other guards you employ.
>
> This will added to the complaint I already filed against them with the
> state.
>
> I have brought the issue of the guards to you before and yet you refuse to
> resolve the issue and continue to pay them nearly 10k a month.
>
> I will be contacting the city to look into possible fraudulent practices.
> This behavior is not the first time and I'm curious as to whether the
> tenants and club are paying the same people for the same time.
From: Don Fisher
To: Randy Sugarman
Cc: Randy Michelson; Anne Omura; Pamela Egan; Andrew Wolff; Hugo, Scott; Granda, Melosa; Kelly, Lynette C.
(USTP); Tamanaha, Donna (USTP)
Subject: Re: SR# 682547 - Received, Thank you for Reporting Miscellaneous at 344 13TH ST
Date: Thursday, September 22, 2016 10:56:39 AM

Sir,

You have refused to forward the contractor information to Pamela Egan. Your word
means nothing. We have done our own investigation into the licensing issue and we
find your statements to be erroneous, at best.

If you want to talk rent, lets talk about the people you have brought in, like ,
Raphael and the rest of crew. A guy pissing out a window or woman running
around naked.

Obfuscation of the facts and the issues at seem to be part of your day-to-day
practice.

I am NOW done with my interaction with you. All complaints will now be directed via
Pamela Egan and the Director of the USTO.

We will be petitioning the court for a full audit and investigation into you and

Cheers,

Don Fisher

On Thu, Sep 22, 2016 at 10:41 AM, Randy Sugarman


wrote:
I will not respond to most of your email since it is materially wrong and
unproductive. However I will point out that the construction work on the
property has been done through a licensed general contractor whose
workers you and/or your wife have harassed on several occasions. The
repair work on rooms by repair man from the Travelers is no different
than the repair/maintenance work being done by Mel. Thy are readying
rooms for new tenants from the Travelers whose cash payments have
allowed the property to operate when some tenants such as you do not
pay your rent originally timely or now not at all.

On Thu, Sep 22, 2016 at 9:54 AM, Don Fisher wrote:


Sir,

Since you enjoy bringing up our rent. Let me put it in term that may lend you to
a better understanding.

The tenants have been rumbling about a Rent Strike since you came onto the
property, I have been the only person standing in the way of this happening and
for many reasons. Regardless of the threat of conversion.
and I are not going to pay rent until you start resolving ongoing issues.
We have put our rent money aside until all complaints with the USTO, the State
and City are resolved.

I have been given every chance to run this project properly, you have failed. You
don't want to cooperate with the tenants. You don't want to cooperate with Ms.
Egan, the committees attorney. You are failing in your duties as Trustee. I've
read the Trustee Handbook.

You have been bombastic with parties involved with the tenants,
.

You refuse to use licensed contractors and it has now come to my attention that
you are using people from The Travelers Hotel to do work on rooms. Where is
the license. I have the business card and it shows no license number.

The judge told you to use licensed contractors. Now that takes some minerals to
just blatantly ignore a judges order. You and I both know what you and Lina
have been doing with the contractor licensing.

You have spent more money on 6 AirBNB rooms then you have on all other
tenant room issues combined. This is a TRAVESTY.

If you want to threaten me with eviction, so be it. I will be more than happy to
get in front of a judge and outline everything you have allowed to happen to the
building and the tenants.

As the judge stated on day one, your actions are unseemly and you have just
continued on that track. is the prime example of the lengths you
will go to undermine and marginalize the tenants.

And, I have not forgotten how you tried to use to that end and when he
did not come through for you, what happened next? started harassing
him from the room above.

If it is the last thing I do my life, it will be to fix a system that has allowed you
to run with absolute impunity and no oversight..

Cheers,

Don Fisher

On Thu, Sep 22, 2016 at 9:09 AM, Randy Sugarman


wrote:
Don as I have told you several times I appreciate you reporting the
items in the hall or elsewhere. I will be in the building shortly and I
will follow up on the other items. Your wife just told me that you are
not paying rent because she believes other tenants she has strong
opinions about are not paying rent. We all know that is not
appropriate and I am obtaining an eviction lawyer and I will have no
choice but to include you and on the list of tenants I am
moving to evict.

Also you should know that RCD receives a rent roll monthly and I do
not imagine they will take kindly to tenants who do not pay rent.

Also, Maria stated that one of the tenants is a drug dealer. You
should report him to the Oakland Police if you have evidence and/or a
reasonable basis for your statement. Obviously I will fully cooperate
with the police.

On Thu, Sep 22, 2016 at 8:23 AM, Don Fisher <golfershome@gmail.com>


wrote:
Sir,

You are a PIP. Report this to security. I have reported this to you on
numerous occasions and you continue to allow entire
crew run around unobstructed. And considering how neither you nor security
has been able to stop the bongo playing at all hours.

Now we see that you have given permission to take 2 handicap bars
meant for showers and toilets, and let him attach them to the hallway wall
and use them for exercise. He steals a key to a room, set's up a weight
room and disturbs the tenant below for a week before you do anything.
Something we reported to you everyday, but you did nothing.

And then you have audacity to bring up our water deliver bottles. Which will
be picked up by the vendor today, as they are every 2nd Thursday.

Mr. Sugarman, you are an embarrassment to the US Bankruptcy Court and


to your profession. This will be my resounding message when we meet in
court next month.

I'm wondering what the judge will say about the rumored illegal pot club
that you have moved into 346 13th Street. Yes, this has been reported to
the city, the state and to the DEA.

Cheers

Don Fisher

On Wed, Sep 21, 2016 at 10:17 PM, Randy Sugarman


wrote:
Thank you for your pictures of the hall in front of 609 and 608
you sent a couple of hours ago. As I have asked you in the past
you should report any problems to security asap. Nothing belongs
in the halls on any floors as such items can be a safety hazard in
an emergency. Also, you have various items in front of your door
such as water containers. Please remove all items in your hall
asap also. Thank you for your anticipated cooperation.

I have asked the probable owner of the weights to remove


them asap. If they are not removed we will remove them when
we have staff. Also, we will remove any similar hazards in your
hall.

On Wed, Sep 21, 2016 at 6:57 PM, Don Fisher


wrote:
City of Oakland

As part of the complaint, please find attached to this email, a picture of


the alterations and obstructions located by rooms 608 & 609.

I will be contacting Oakland FD on the matter as well.

Kind regards,

Don Fisher

On Fri, Sep 16, 2016 at 12:29 PM, <cityworks@oaklandnet.com> wrote:

City of Oakland

Oakland Public Works Call Center


Thank you for reporting an issue to the Oakland Public Works


Call Center.
Service Request: 682547
Issue: Miscellaneous
Location: 344 13TH ST
Status: Open NUISANCE, ABATEMENT
Date / Time
9/16/2016 12:29:22 PM
Reported:
Date / Time
Closed:

Oakland Public Works Call Center| (510) 615-5566

www.oaklandpw.com | opwcallcenter@oaklandnet.com| Mobile


app: SeeClickFix


This courtesy notification is automatically sent when your service request is
created (OPEN), referred to another agency (REFERRED), or fixed (CLOSED).
After an issue is REFERRED, it may be CLOSED because Oakland Public Works
has completed its portion of the work.

Oakland Public Works is an American Public Works Association


Accredited Agency.

From: Don Fisher


To: Randy Sugarman
Cc: Randy Michelson; Anne Omura; Pamela Egan; Andrew Wolff; Hugo, Scott; Granda, Melosa; Kelly, Lynette C.
(USTP); Tamanaha, Donna (USTP)
Subject: Re: SR# 682547 - Received, Thank you for Reporting Miscellaneous at 344 13TH ST
Date: Thursday, September 22, 2016 10:56:39 AM

Sir,

You have refused to forward the contractor information to Pamela Egan. Your word
means nothing. We have done our own investigation into the licensing issue and we
find your statements to be erroneous, at best.

If you want to talk rent, lets talk about the people you have brought in, like
and the rest of crew. A guy pissing out a window or woman running
around naked.

Obfuscation of the facts and the issues at seem to be part of your day-to-day
practice.

I am NOW done with my interaction with you. All complaints will now be directed via
Pamela Egan and the Director of the USTO.

We will be petitioning the court for a full audit and investigation into you and Lina
Torio.

Cheers,

Don Fisher

On Thu, Sep 22, 2016 at 10:41 AM, Randy Sugarman


wrote:
I will not respond to most of your email since it is materially wrong and
unproductive. However I will point out that the construction work on the
property has been done through a licensed general contractor whose
workers you and/or your wife have harassed on several occasions. The
repair work on rooms by repair man from the Travelers is no different
than the repair/maintenance work being done by Mel. Thy are readying
rooms for new tenants from the Travelers whose cash payments have
allowed the property to operate when some tenants such as you do not
pay your rent originally timely or now not at all.

On Thu, Sep 22, 2016 at 9:54 AM, Don Fisher wrote:


Sir,

Since you enjoy bringing up our rent. Let me put it in term that may lend you to
a better understanding.

The tenants have been rumbling about a Rent Strike since you came onto the
property, I have been the only person standing in the way of this happening and
for many reasons. Regardless of the threat of conversion.
and I are not going to pay rent until you start resolving ongoing issues.
We have put our rent money aside until all complaints with the USTO, the State
and City are resolved.

I have been given every chance to run this project properly, you have failed. You
don't want to cooperate with the tenants. You don't want to cooperate with Ms.
Egan, the committees attorney. You are failing in your duties as Trustee. I've
read the Trustee Handbook.

You have been bombastic with parties involved with the tenants, include Anne
Omura, Andrew Wolff and Ms. Egan.

You refuse to use licensed contractors and it has now come to my attention that
you are using people from The Travelers Hotel to do work on rooms. Where is
the license. I have the business card and it shows no license number.

The judge told you to use licensed contractors. Now that takes some minerals to
just blatantly ignore a judges order. You and I both know what you and Lina
have been doing with the contractor licensing.

You have spent more money on 6 AirBNB rooms then you have on all other
tenant room issues combined. This is a TRAVESTY.

If you want to threaten me with eviction, so be it. I will be more than happy to
get in front of a judge and outline everything you have allowed to happen to the
building and the tenants.

As the judge stated on day one, your actions are unseemly and you have just
continued on that track. is the prime example of the lengths you
will go to undermine and marginalize the tenants.

And, I have not forgotten how you tried to use to that end and when he
did not come through for you, what happened next? Raphael started harassing
him from the room above.

If it is the last thing I do my life, it will be to fix a system that has allowed you
to run with absolute impunity and no oversight..

Cheers,

Don Fisher

On Thu, Sep 22, 2016 at 9:09 AM, Randy Sugarman


wrote:
Don as I have told you several times I appreciate you reporting the
items in the hall or elsewhere. I will be in the building shortly and I
will follow up on the other items. Your wife just told me that you are
not paying rent because she believes other tenants she has strong
opinions about are not paying rent. We all know that is not
appropriate and I am obtaining an eviction lawyer and I will have no
choice but to include you and on the list of tenants I am
moving to evict.

Also you should know that RCD receives a rent roll monthly and I do
not imagine they will take kindly to tenants who do not pay rent.

Also, stated that one of the tenants is a drug dealer. You


should report him to the Oakland Police if you have evidence and/or a
reasonable basis for your statement. Obviously I will fully cooperate
with the police.

On Thu, Sep 22, 2016 at 8:23 AM, Don Fisher <golfershome@gmail.com>


wrote:
Sir,

You are a PIP. Report this to security. I have reported this to you on
numerous occasions and you continue to allow entire
crew run around unobstructed. And considering how neither you nor security
has been able to stop the bongo playing at all hours.

Now we see that you have given permission to take 2 handicap bars
meant for showers and toilets, and let him attach them to the hallway wall
and use them for exercise. He steals a key to a room, set's up a weight
room and disturbs the tenant below for a week before you do anything.
Something we reported to you everyday, but you did nothing.

And then you have audacity to bring up our water deliver bottles. Which will
be picked up by the vendor today, as they are every 2nd Thursday.

Mr. Sugarman, you are an embarrassment to the US Bankruptcy Court and


to your profession. This will be my resounding message when we meet in
court next month.

I'm wondering what the judge will say about the rumored illegal pot club
that you have moved into 346 13th Street. Yes, this has been reported to
the city, the state and to the DEA.

Cheers

Don Fisher

On Wed, Sep 21, 2016 at 10:17 PM, Randy Sugarman


wrote:
Thank you for your pictures of the hall in front of 609 and 608
you sent a couple of hours ago. As I have asked you in the past
you should report any problems to security asap. Nothing belongs
in the halls on any floors as such items can be a safety hazard in
an emergency. Also, you have various items in front of your door
such as water containers. Please remove all items in your hall
asap also. Thank you for your anticipated cooperation.

I have asked Rafael the probable owner of the weights to remove


them asap. If they are not removed we will remove them when
we have staff. Also, we will remove any similar hazards in your
hall.

On Wed, Sep 21, 2016 at 6:57 PM, Don Fisher <golfershome@gmail.com>


wrote:
City of Oakland

As part of the complaint, please find attached to this email, a picture of


the alterations and obstructions located by rooms 608 & 609.

I will be contacting Oakland FD on the matter as well.

Kind regards,

Don Fisher

On Fri, Sep 16, 2016 at 12:29 PM, <cityworks@oaklandnet.com> wrote:

City of Oakland

Oakland Public Works Call Center


Thank you for reporting an issue to the Oakland Public Works


Call Center.
Service Request: 682547
Issue: Miscellaneous
Location: 344 13TH ST
Status: Open NUISANCE, ABATEMENT
Date / Time
9/16/2016 12:29:22 PM
Reported:
Date / Time
Closed:

Oakland Public Works Call Center| (510) 615-5566

www.oaklandpw.com | opwcallcenter@oaklandnet.com| Mobile


app: SeeClickFix


This courtesy notification is automatically sent when your service request is
created (OPEN), referred to another agency (REFERRED), or fixed (CLOSED).
After an issue is REFERRED, it may be CLOSED because Oakland Public Works
has completed its portion of the work.

Oakland Public Works is an American Public Works Association


Accredited Agency.

From: Don Fisher


To: Randy Sugarman
Cc: Randy Michelson; Anne Omura; Pamela Egan; Andrew Wolff; Hugo, Scott; Granda, Melosa; Kelly, Lynette C.
(USTP); Tamanaha, Donna (USTP)
Subject: Re: SR# 682547 - Received, Thank you for Reporting Miscellaneous at 344 13TH ST
Date: Thursday, September 22, 2016 9:55:11 AM

Sir,

Since you enjoy bringing up our rent. Let me put it in term that may lend you to a
better understanding.

The tenants have been rumbling about a Rent Strike since you came onto the
property, I have been the only person standing in the way of this happening and for
many reasons. Regardless of the threat of conversion.

Maria and I are not going to pay rent until you start resolving ongoing issues. We
have put our rent money aside until all complaints with the USTO, the State and City
are resolved.

I have been given every chance to run this project properly, you have failed. You
don't want to cooperate with the tenants. You don't want to cooperate with Ms.
Egan, the committees attorney. You are failing in your duties as Trustee. I've read
the Trustee Handbook.

You have been bombastic with parties involved with the tenants,

You refuse to use licensed contractors and it has now come to my attention that you
are using people from The Travelers Hotel to do work on rooms. Where is the
license. I have the business card and it shows no license number.

The judge told you to use licensed contractors. Now that takes some minerals to
just blatantly ignore a judges order. You and I both know what you and Lina have
been doing with the contractor licensing.

You have spent more money on 6 AirBNB rooms then you have on all other tenant
room issues combined. This is a TRAVESTY.

If you want to threaten me with eviction, so be it. I will be more than happy to get
in front of a judge and outline everything you have allowed to happen to the
building and the tenants.

As the judge stated on day one, your actions are unseemly and you have just
continued on that track. is the prime example of the lengths you will
go to undermine and marginalize the tenants.

And, I have not forgotten how you tried to use to that end and when he did
not come through for you, what happened next? Raphael started harassing him from
the room above.

If it is the last thing I do my life, it will be to fix a system that has allowed you to
run with absolute impunity and no oversight..
Cheers,

Don Fisher

On Thu, Sep 22, 2016 at 9:09 AM, Randy Sugarman


wrote:
Don as I have told you several times I appreciate you reporting the items
in the hall or elsewhere. I will be in the building shortly and I will follow
up on the other items. Your wife just told me that you are not paying
rent because she believes other tenants she has strong opinions about
are not paying rent. We all know that is not appropriate and I am
obtaining an eviction lawyer and I will have no choice but to include you
and Maria on the list of tenants I am moving to evict.

Also you should know that RCD receives a rent roll monthly and I do not
imagine they will take kindly to tenants who do not pay rent.

Also, Maria stated that one of the tenants is a drug dealer. You should
report him to the Oakland Police if you have evidence and/or a
reasonable basis for your statement. Obviously I will fully cooperate with
the police.

On Thu, Sep 22, 2016 at 8:23 AM, Don Fisher wrote:


Sir,

You are a PIP. Report this to security. I have reported this to you on numerous
occasions and you continue to allow Raphael and Lina's entire crew run around
unobstructed. And considering how neither you nor security has been able to
stop the bongo playing at all hours.

Now we see that you have given permission to take 2 handicap bars
meant for showers and toilets, and let him attach them to the hallway wall and
use them for exercise. He steals a key to a room, set's up a weight room and
disturbs the tenant below for a week before you do anything. Something we
reported to you everyday, but you did nothing.

And then you have audacity to bring up our water deliver bottles. Which will be
picked up by the vendor today, as they are every 2nd Thursday.

Mr. Sugarman, you are an embarrassment to the US Bankruptcy Court and to


your profession. This will be my resounding message when we meet in court
next month.

I'm wondering what the judge will say about the rumored illegal pot club that
you have moved into 346 13th Street. Yes, this has been reported to the city,
the state and to the DEA.

Cheers
Don Fisher

On Wed, Sep 21, 2016 at 10:17 PM, Randy Sugarman


wrote:
Thank you for your pictures of the hall in front of 609 and 608 you
sent a couple of hours ago. As I have asked you in the past you
should report any problems to security asap. Nothing belongs in the
halls on any floors as such items can be a safety hazard in an
emergency. Also, you have various items in front of your door such
as water containers. Please remove all items in your hall asap also.
Thank you for your anticipated cooperation.

I have asked Rafael the probable owner of the weights to remove


them asap. If they are not removed we will remove them when we
have staff. Also, we will remove any similar hazards in your hall.

On Wed, Sep 21, 2016 at 6:57 PM, Don Fisher


wrote:
City of Oakland

As part of the complaint, please find attached to this email, a picture of the
alterations and obstructions located by rooms 608 & 609.

I will be contacting Oakland FD on the matter as well.

Kind regards,

Don Fisher

On Fri, Sep 16, 2016 at 12:29 PM, <cityworks@oaklandnet.com> wrote:

City of Oakland

Oakland Public Works Call Center


Thank you for reporting an issue to the Oakland Public Works Call
Center.
Service Request: 682547
Issue: Miscellaneous
Location: 344 13TH ST
Status: Open NUISANCE, ABATEMENT
Date / Time
9/16/2016 12:29:22 PM
Reported:
Date / Time
Closed:

Oakland Public Works Call Center| (510) 615-5566

www.oaklandpw.com | opwcallcenter@oaklandnet.com| Mobile app:


SeeClickFix


This courtesy notification is automatically sent when your service request is created
(OPEN), referred to another agency (REFERRED), or fixed (CLOSED). After an issue
is REFERRED, it may be CLOSED because Oakland Public Works has completed its
portion of the work.

Oakland Public Works is an American Public Works Association


Accredited Agency.

From: Don Fisher


To: Randy Sugarman
Cc: cityworks@oaklandnet.com; Anne Omura; Andrew Wolff; Chris Beatty; Pamela Egan; Hugo, Scott; Randy
Michelson; Kelly, Lynette C. (USTP); Tamanaha, Donna (USTP)
Subject: Re: SR# 682547 - Received, Thank you for Reporting Miscellaneous at 344 13TH ST
Date: Thursday, September 22, 2016 8:23:55 AM

Sir,

You are a PIP. Report this to security. I have reported this to you on numerous
occasions and you continue to allow entire crew run around
unobstructed. And considering how neither you nor security has been able to stop
the bongo playing at all hours.

Now we see that you have given permission to take 2 handicap bars meant
for showers and toilets, and let him attach them to the hallway wall and use them
for exercise. He steals a key to a room, set's up a weight room and disturbs the
tenant below for a week before you do anything. Something we reported to you
everyday, but you did nothing.

And then you have audacity to bring up our water deliver bottles. Which will be
picked up by the vendor today, as they are every 2nd Thursday.

Mr. Sugarman, you are an embarrassment to the US Bankruptcy Court and to your
profession. This will be my resounding message when we meet in court next month.

I'm wondering what the judge will say about the rumored illegal pot club that you
have moved into 346 13th Street. Yes, this has been reported to the city, the state
and to the DEA.

Cheers

Don Fisher

On Wed, Sep 21, 2016 at 10:17 PM, Randy Sugarman


wrote:
Thank you for your pictures of the hall in front of 609 and 608 you sent
a couple of hours ago. As I have asked you in the past you should
report any problems to security asap. Nothing belongs in the halls on
any floors as such items can be a safety hazard in an emergency. Also,
you have various items in front of your door such as water containers.
Please remove all items in your hall asap also. Thank you for your
anticipated cooperation.

I have asked the probable owner of the weights to remove them


asap. If they are not removed we will remove them when we have
staff. Also, we will remove any similar hazards in your hall.

On Wed, Sep 21, 2016 at 6:57 PM, Don Fisher wrote:


City of Oakland
As part of the complaint, please find attached to this email, a picture of the
alterations and obstructions located by rooms 608 & 609.

I will be contacting Oakland FD on the matter as well.

Kind regards,

Don Fisher

On Fri, Sep 16, 2016 at 12:29 PM, <cityworks@oaklandnet.com> wrote:

City of Oakland

Oakland Public Works Call Center


Thank you for reporting an issue to the Oakland Public Works Call
Center.
Service Request: 682547
Issue: Miscellaneous
Location: 344 13TH ST
Status: Open NUISANCE, ABATEMENT
Date / Time
9/16/2016 12:29:22 PM
Reported:
Date / Time
Closed:

Oakland Public Works Call Center| (510) 615-5566

www.oaklandpw.com | opwcallcenter@oaklandnet.com| Mobile app:


SeeClickFix


This courtesy notification is automatically sent when your service request is created
(OPEN), referred to another agency (REFERRED), or fixed (CLOSED). After an issue is
REFERRED, it may be CLOSED because Oakland Public Works has completed its portion
of the work.

Oakland Public Works is an American Public Works Association Accredited


Agency.


From: Pamela Egan
To: Randy Sugarman
Cc: Don Fisher; Randy Michelson; Anne Omura; Andrew Wolff; Hugo, Scott; Granda, Melosa; Kelly, Lynette C.
(USTP); Tamanaha, Donna (USTP)
Subject: Re: SR# 682547 - Received, Thank you for Reporting Miscellaneous at 344 13TH ST
Date: Thursday, September 22, 2016 10:57:24 AM
Attachments: image005.png

Randy,

You should disclose the licensed contractor. You initially stated that the
contractor was SVB and that used SVB's license. There is only
one licensed contractor in California named SVB. That licensed contractor,
SVB, did not work on the Empyrean.

It remains unclear how would be allowed to use a contractor's


license.

______________________________________________________

Pamela Marie Egan|Partner

,Law Firm Evolved


Direct: 415.688.4622 | Ph: 415.683.5472 ext. 994| Mobile: 415.297.0132
pamela.egan@rimonlaw.com|Learn about Rimon PC

One Embarcadero Center, Suite 400, San Francisco, CA 94111

On Thu, Sep 22, 2016 at 10:41 AM, Randy Sugarman


wrote:
I will not respond to most of your email since it is materially wrong and
unproductive. However I will point out that the construction work on the
property has been done through a licensed general contractor whose
workers you and/or your wife have harassed on several occasions. The
repair work on rooms by repair man from the Travelers is no different
than the repair/maintenance work being done by Mel. Thy are readying
rooms for new tenants from the Travelers whose cash payments have
allowed the property to operate when some tenants such as you do not
pay your rent originally timely or now not at all.

On Thu, Sep 22, 2016 at 9:54 AM, Don Fisher wrote:


Sir,

Since you enjoy bringing up our rent. Let me put it in term that may lend you to
a better understanding.

The tenants have been rumbling about a Rent Strike since you came onto the
property, I have been the only person standing in the way of this happening and
for many reasons. Regardless of the threat of conversion.

Maria and I are not going to pay rent until you start resolving ongoing issues.
We have put our rent money aside until all complaints with the USTO, the State
and City are resolved.

I have been given every chance to run this project properly, you have failed. You
don't want to cooperate with the tenants. You don't want to cooperate with Ms.
Egan, the committees attorney. You are failing in your duties as Trustee. I've
read the Trustee Handbook.

You have been bombastic with parties involved with the tenants,
.

You refuse to use licensed contractors and it has now come to my attention that
you are using people from The Travelers Hotel to do work on rooms. Where is
the license. I have the business card and it shows no license number.

The judge told you to use licensed contractors. Now that takes some minerals to
just blatantly ignore a judges order. You and I both know what you and Lina
have been doing with the contractor licensing.

You have spent more money on 6 AirBNB rooms then you have on all other
tenant room issues combined. This is a TRAVESTY.

If you want to threaten me with eviction, so be it. I will be more than happy to
get in front of a judge and outline everything you have allowed to happen to the
building and the tenants.

As the judge stated on day one, your actions are unseemly and you have just
continued on that track. is the prime example of the lengths you
will go to undermine and marginalize the tenants.

And, I have not forgotten how you tried to use to that end and when he
did not come through for you, what happened next? Raphael started harassing
him from the room above.

If it is the last thing I do my life, it will be to fix a system that has allowed you
to run with absolute impunity and no oversight..

Cheers,

Don Fisher

On Thu, Sep 22, 2016 at 9:09 AM, Randy Sugarman


wrote:
Don as I have told you several times I appreciate you reporting the
items in the hall or elsewhere. I will be in the building shortly and I
will follow up on the other items. Your wife just told me that you are
not paying rent because she believes other tenants she has strong
opinions about are not paying rent. We all know that is not
appropriate and I am obtaining an eviction lawyer and I will have no
choice but to include you and on the list of tenants I am
moving to evict.

Also you should know that RCD receives a rent roll monthly and I do
not imagine they will take kindly to tenants who do not pay rent.

Also, stated that one of the tenants is a drug dealer. You


should report him to the Oakland Police if you have evidence and/or a
reasonable basis for your statement. Obviously I will fully cooperate
with the police.

On Thu, Sep 22, 2016 at 8:23 AM, Don Fisher


wrote:
Sir,

You are a PIP. Report this to security. I have reported this to you on
numerous occasions and you continue to allow entire
crew run around unobstructed. And considering how neither you nor security
has been able to stop the bongo playing at all hours.

Now we see that you have given permission to take 2 handicap bars
meant for showers and toilets, and let him attach them to the hallway wall
and use them for exercise. He steals a key to a room, set's up a weight
room and disturbs the tenant below for a week before you do anything.
Something we reported to you everyday, but you did nothing.

And then you have audacity to bring up our water deliver bottles. Which will
be picked up by the vendor today, as they are every 2nd Thursday.

Mr. Sugarman, you are an embarrassment to the US Bankruptcy Court and


to your profession. This will be my resounding message when we meet in
court next month.

I'm wondering what the judge will say about the rumored illegal pot club
that you have moved into 346 13th Street. Yes, this has been reported to
the city, the state and to the DEA.

Cheers

Don Fisher

On Wed, Sep 21, 2016 at 10:17 PM, Randy Sugarman


wrote:
Thank you for your pictures of the hall in front of 609 and 608
you sent a couple of hours ago. As I have asked you in the past
you should report any problems to security asap. Nothing belongs
in the halls on any floors as such items can be a safety hazard in
an emergency. Also, you have various items in front of your door
such as water containers. Please remove all items in your hall
asap also. Thank you for your anticipated cooperation.

I have asked the probable owner of the weights to remove


them asap. If they are not removed we will remove them when
we have staff. Also, we will remove any similar hazards in your
hall.

On Wed, Sep 21, 2016 at 6:57 PM, Don Fisher >


wrote:
City of Oakland

As part of the complaint, please find attached to this email, a picture of


the alterations and obstructions located by rooms 608 & 609.

I will be contacting Oakland FD on the matter as well.

Kind regards,

Don Fisher

On Fri, Sep 16, 2016 at 12:29 PM, <cityworks@oaklandnet.com> wrote:

City of Oakland

Oakland Public Works Call Center


Thank you for reporting an issue to the Oakland Public Works


Call Center.
Service Request: 682547
Issue: Miscellaneous
Location: 344 13TH ST
Status: Open NUISANCE, ABATEMENT
Date / Time
9/16/2016 12:29:22 PM
Reported:
Date / Time
Closed:

Oakland Public Works Call Center| (510) 615-5566

www.oaklandpw.com | opwcallcenter@oaklandnet.com| Mobile


app: SeeClickFix


This courtesy notification is automatically sent when your service request is
created (OPEN), referred to another agency (REFERRED), or fixed (CLOSED).
After an issue is REFERRED, it may be CLOSED because Oakland Public Works
has completed its portion of the work.

Oakland Public Works is an American Public Works Association


Accredited Agency.

Boston | Chicago |Lake Tahoe | Los Angeles |Minneapolis|New York | New Jersey | Northern Virginia | Orlando |
Palo Alto | San Diego | San Francisco | Seattle | South Florida | Tel Aviv |Washington DC
www.rimonlaw.com

Follow Rimon on Twitter|Join Rimon's LinkedIn Group|Read Rimon's Insights| Watch Rimon's Video

This e-mail is sent by a law firm and contains information that may be confidential or privileged. If you have
received this communication in error, please reply to the sender (only)and then please delete this message from
your inbox as well as any copies. Thank you.
From: Granda, Melosa
To: "Randy Sugarman"
Cc: Illgen, Richard
Subject: RE: update from Randy on Empyrean
Date: Wednesday, November 04, 2015 3:09:22 PM

Hi Randy,
Thank you for this, you are welcome to give me a call anytime to let me know your update. If
Richard is near, Ill ask him to join our conversation; otherwise, Ill update him about your update
afterwards.
Best,
Melosa

Melosa Granda
Neighborhood Law Corps Attorney
Office of the City Attorney
1 Frank H. Ogawa Plaza, 6th Floor
Oakland, CA 94612
Dir: (510) 238-6629
Fax: (510) 238-6500
mgranda@oaklandcityattorney.org

From: Randy Sugarman


Sent: Wednesday, November 4, 2015 1:30 PM
To: Granda, Melosa
Subject: RE: Letter to Judge Hernandez Re: Briefing Schedule

Are you and Richard available for the three of us to talk today for me to brief you?

Randy Sugarman
500 Sansome Street, Suite 600
San Francisco, CA 94111
Phone: 415-395-7501

Fax: 415-658-2858

From: Granda, Melosa [mailto:MGranda@oaklandcityattorney.org]


Sent: Wednesday, November 04, 2015 11:34 AM
To: madams@calreceivers.com; smorger@wendel.com; costerag@alamerelaw.com;
steve@stevewhitworth.com; sabern@htalaw.com; Andrew@awolfflaw.com; chris@awolfflaw.com
Cc: dnakay@akaylaw.com; bmoldo@ECJLAW.COM; phlyon@frenchandlyon.com;
gkeena@calreceivers.com; Pamela.egan@rimonlaw.com; randy.michelson@michelsonlawgroup.com;
Randy Sugarman
Subject: Letter to Judge Hernandez Re: Briefing Schedule

Hello All,
Please review the attached letter to Judge Hernandez and let me know immediately if your
understanding of the briefing schedule described therein is any different. Ill have this letter dropped
in Judge Hernandezs drop box by 4:30 p.m. today.
Best,
Melosa

Melosa Granda
Neighborhood Law Corps Attorney
Office of the City Attorney
1 Frank H. Ogawa Plaza, 6th Floor
Oakland, CA 94612
Dir: (510) 238-6629
Fax: (510) 238-6500
mgranda@oaklandcityattorney.org

The Neighborhood Law Corps (NLC) is within the community unit at the City
Attorneys Office, it addresses public nuisance problems that affect the quality of life
(health, morals, safety, comfort, or welfare) in Oakland communities, which tends to
involve drug nuisance properties, gambling nuisance properties, prostitution motels
and hotels, slumlords, vandalism, blight, illegal dumping, graffiti, and more. The NLC
focuses on problematic properties where these issues are playing out and they use
legal tools to make the property owner address the nuisance stemming from the
property (including suing the property owner). The NLC holds people accountable for
illegal dumping and graffiti vandalism with civil lawsuits, administrative and civil
penalties. The NLCs work depends on their relationships with community members,
communities leadership, and communities willingness to report incidences and be
witnesses. The NLC also acts as a liaison by connecting community members to the
appropriate agencies that can assist with their issue.

From: Don Fisher


To: Randy Sugarman
Cc: Calabrese, Christine; Randy Michelson; Chris Beatty; Andrew Wolff; Pamela Egan; Deloach Reed, Teresa; Office
of the Mayor; cityworks@oaklandnet.com; Granda, Melosa; Hugo, Scott; Anne Omura; Johnson, Steven
Subject: Re: Windows Screwed into Place
Date: Monday, October 24, 2016 6:03:29 PM

Sir,

The smoking in the building, which is limited to tenant rooms and not common
areas, is legal.

Just close the windows. Stop making excuses for blatant irresponsibility.

On Oct 24, 2016 5:42 PM, "Randy Sugarman" wrote:


I just walked the building up to the seventh floor and closed the
windows at the end of the halls but left the stairway windows open do
due the illegal smoking in the building. When we got the heating
system working a year ago we installed a new thermostat which signals
when the system should turn on.

On Mon, Oct 24, 2016 at 3:59 PM, Don Fisher wrote:


> Sir,
>
> Sometimes just Goggling a temp check is not enough. The link is from a
> weather station closest to our building:
>
> https://www.wunderground.com/cgi-bin/findweather/getForecast?query=pws:
KCAOAKLA51
>
> On Mon, Oct 24, 2016 at 3:49 PM, Don Fisher
wrote:
>>
>> Mr. Sugarman
>>
>> Due to today's weather and the fact that the heat will not come on until
>> it reaches 64 degrees. The windows that you have ordered locked into an
open
>> position with screws should be closed immediately.
>>
>> Not only is it fire a safety violation, but has caused discomfort to many
>> of our elderly and those with children.
>>
>> Also, it makes no sense to have windows open in the building while the
>> heat is on. Just a waste of heat and money.
>>
>> Please be advised that this email is being set to the Mayor's Office,
>> Oakland Fire Chief, City Attorney's Office, USTO, the ADA and Code
>> Enforcement.
>>
>> --
>> Don Fisher
>>
>
>
>
> --
> Don Fisher
> Renewable Energy Enthusiast - CIO
> Strategic Thinker, Planner & Solutions Designer
>
> LinkedIn Member
From: Pamela Egan
To: Randy Sugarman
Cc: Don Fisher; Randy Michelson; Anne Omura; Andrew Wolff; Chris Beatty; cityworks@oaklandnet.com; Hugo,
Scott; Granda, Melosa; Office of the Mayor; Deloach Reed, Teresa; Calabrese, Christine; Johnson, Steven
Subject: Re: Windows Screwed into Place
Date: Monday, October 24, 2016 6:00:45 PM
Attachments: image005.png

Is the thermostat based on the temperature in the rooms?

______________________________________________________

Pamela Marie Egan|Partner

,Law Firm Evolved


Direct: 415.688.4622 | Ph: 415.683.5472 ext. 994| Mobile: 415.297.0132
pamela.egan@rimonlaw.com|Learn about Rimon PC

One Embarcadero Center, Suite 400, San Francisco, CA 94111

On Mon, Oct 24, 2016 at 5:42 PM, Randy Sugarman


wrote:
I just walked the building up to the seventh floor and closed the
windows at the end of the halls but left the stairway windows open do
due the illegal smoking in the building. When we got the heating
system working a year ago we installed a new thermostat which signals
when the system should turn on.

On Mon, Oct 24, 2016 at 3:59 PM, Don Fisher wrote:


> Sir,
>
> Sometimes just Goggling a temp check is not enough. The link is from a
> weather station closest to our building:
>
> https://www.wunderground.com/cgi-bin/findweather/getForecast?query=pws:
KCAOAKLA51
>
> On Mon, Oct 24, 2016 at 3:49 PM, Don Fisher
wrote:
>>
>> Mr. Sugarman
>>
>> Due to today's weather and the fact that the heat will not come on until
>> it reaches 64 degrees. The windows that you have ordered locked into an
open
>> position with screws should be closed immediately.
>>
>> Not only is it fire a safety violation, but has caused discomfort to many
>> of our elderly and those with children.
>>
>> Also, it makes no sense to have windows open in the building while the
>> heat is on. Just a waste of heat and money.
>>
>> Please be advised that this email is being set to the Mayor's Office,
>> Oakland Fire Chief, City Attorney's Office, USTO, the ADA and Code
>> Enforcement.
>>
>> --
>> Don Fisher
>>
>
>
>
> --
> Don Fisher
> Renewable Energy Enthusiast - CIO
> Strategic Thinker, Planner & Solutions Designer
> golfershome@gmail.com
> LinkedIn Member

Boston | Chicago |Lake Tahoe | Los Angeles |Minneapolis|New York | New Jersey | Northern Virginia | Orlando |
Palo Alto | San Diego | San Francisco | Seattle | South Florida | Tel Aviv |Washington DC
www.rimonlaw.com

Follow Rimon on Twitter|Join Rimon's LinkedIn Group|Read Rimon's Insights| Watch Rimon's Video

This e-mail is sent by a law firm and contains information that may be confidential or privileged. If you have
received this communication in error, please reply to the sender (only)and then please delete this message from
your inbox as well as any copies. Thank you.
From: Don Fisher
To: Randy Sugarman
Cc: Calabrese, Christine; Randy Michelson; Chris Beatty; Andrew Wolff; Pamela Egan; Deloach Reed, Teresa; Office
of the Mayor; cityworks@oaklandnet.com; Granda, Melosa; Hugo, Scott; Anne Omura; Johnson, Steven
Subject: Re: Windows Screwed into Place
Date: Monday, October 24, 2016 6:03:29 PM

Sir,

The smoking in the building, which is limited to tenant rooms and not common
areas, is legal.

Just close the windows. Stop making excuses for blatant irresponsibility.

On Oct 24, 2016 5:42 PM, "Randy Sugarman" wrote:


I just walked the building up to the seventh floor and closed the
windows at the end of the halls but left the stairway windows open do
due the illegal smoking in the building. When we got the heating
system working a year ago we installed a new thermostat which signals
when the system should turn on.

On Mon, Oct 24, 2016 at 3:59 PM, Don Fisher wrote:


> Sir,
>
> Sometimes just Goggling a temp check is not enough. The link is from a
> weather station closest to our building:
>
> https://www.wunderground.com/cgi-bin/findweather/getForecast?query=pws:
KCAOAKLA51
>
> On Mon, Oct 24, 2016 at 3:49 PM, Don Fisher
wrote:
>>
>> Mr. Sugarman
>>
>> Due to today's weather and the fact that the heat will not come on until
>> it reaches 64 degrees. The windows that you have ordered locked into an
open
>> position with screws should be closed immediately.
>>
>> Not only is it fire a safety violation, but has caused discomfort to many
>> of our elderly and those with children.
>>
>> Also, it makes no sense to have windows open in the building while the
>> heat is on. Just a waste of heat and money.
>>
>> Please be advised that this email is being set to the Mayor's Office,
>> Oakland Fire Chief, City Attorney's Office, USTO, the ADA and Code
>> Enforcement.
>>
>> --
>> Don Fisher
>>
>
>
>
> --
> Don Fisher
> Renewable Energy Enthusiast - CIO
> Strategic Thinker, Planner & Solutions Designer
>
> LinkedIn Member
From: "Granda, Melosa"
To: Randy Sugarman ;
Cc: Bee, Maria
Subject: the prospect of Mary Ks prop. mngmt. support at the Empyrean - arranging a meeting
Date: Tuesday, August 09, 2016 9:49:32 AM

Hello Randy and Mary K,


I understand youre both open to the prospect of Mary Ks prop. mngmt. support at the Empyrean,
Id like to arrange a meeting for us to discuss how this could work. Might you be available
tomorrow/Wed. at 1:30pm (before the court hearing)? We could meet at MoJoe Caf 160 14 th St.
@ Madison St. Otherwise, please suggest a few time frames of availability during the next week.
Many thanks,
Melosa

Melosa Granda, Neighborhood Law Corps Attorney


Office of Oakland City Attorney Barbara J. Parker
One Frank H. Ogawa Plaza, Sixth Floor
Oakland, California 94612
Phone: (510) 238-6629
Fax: (510) 238-6500

The Neighborhood Law Corps (NLC) is within the Oakland City Attorneys Office
Affirmative Litigation and Innovation Unit. The NLC addresses public nuisance
problems that affect the quality of life in Oakland communities, which tends to
involve slumlords, blight, drug nuisance properties, human trafficking and places of
prostitution, illegal dumping, graffiti, environmental contamination, and more. The
NLC focuses on problematic properties where these issues are playing out and they
use legal tools to pressure the property owner to abate the public nuisance
(including suing the property owner). The NLCs work depends on their relationships
with community members, communities leadership, and communities willingness to
report incidences and be witnesses.