Judge’s ruling places some constraints on raucous household
Examiner Staff Writer
December 18, 2006
San Mateo won a partial victory in its fight to set limits on a local homeowner after a judge agreed that ongoing noise and alleged criminal activity coming from the house violated neighbors’ quality of life.
San Mateo Superior Court Judge Beth Freeman ruled Friday to place a civil injunction on Ohaiha Fonua Sr. and his home at 107 N. Grant St., but stopped short of evicting Fonua and his extensive family from living in the home, as San Mateo city officials had requested.
The injunction’s details will be finalized over the next 15 days and may include a curfew, along with a condition holding Fonua responsible for any criminal activity on the property, according to attorney Lance Bayer, who represented San Mateo in the four-day triallast week.
“We are pleased with … the recognition that a property owner has responsibility to maintain the property in a way that prevents public-nuisance activity,” Bayer said.
John Hartford, the attorney representing Fonua, did not return calls for comment Sunday.
Bayer called 14 witnesses who testified about ongoing activity at the North Grant Street home, including what were described as almost-nightly street parties, public drinking and drug use, heckling of police officers and multiple shootings and assaults. Hartford called two witnesses, including Olaiha Fonua Sr. and another member of the family.
One of Bayer’s witnesses, Tyrone Gadson, described an encounter in February 2004 with a crowd gathered in front of the house in which he was chased down the block and shot in the side. Two residents of the house, Jared Fonua and John Tonga, were arrested for Gadson’s shooting; Tonga was convicted of attempted murder, while Fonua was acquitted.
Freeman’s ruling is a relief to many San Mateo residents, including those in the North Central neighborhood where the Fonuas live, according to neighborhood representative and planning commissioner Bertha Sanchez. Residents there often tried to intervene, but failed to stem the problems on North Grant Street.
“I hope the city can continue to monitor areas and make sure they don’t get to this point again — or put pressure on landlords to consider the problems a particular tenant might have,” Sanchez said.
This article originally appeared in the San Francisco Examiner.