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Since the inferno, which sources say was caused by an overtaxed electrical supply, this news organization has discovered that police, fire and building officials had advance warning of a variety of fire safety issues at the cluttered Fruitvale arts space. Last month, the Bay Area News Group reported on emails that showed the Ngs were given notice of dangerous electrical problems — including a transformer fire in an adjacent space never reported to authorities — more than two years before the deadly fire, and had learned that tenants had installed power upgrades without city permits.
A criminal investigation by the Alameda County District Attorney’s office is dance shoes from england ongoing, A lawsuit against the Ngs, Almena and others brought by victims’ families is in the early stages, Chor Ng, her daughter, Eva, and the Ng family have owned the building, a former milk-bottling plant, for more than 25 years, Neither the family nor their attorney returned requests for comment, The seven-page, five-year lease was signed Nov, 10, 2013 with named tenants Almena, Bouchard and Satya Yuga LLC, the original limited liability company name attached to the Ghost Ship, which is not listed in California’s LLC database, The document specified that the monthly rent of $4,500 was to be sent to Ng at a Pleasanton post office box, or by direct deposit into her bank account, The tenants were responsible for paying all utilities..
Bouchard, listed as a Petaluma resident at the time, and Almena, who listed an Oakland address, paid a $9,000 security deposit. The lease called for the tenants to make “necessary repairs,” including electrical, but said alterations had to come with landlord consent. Bouchard and his attorney from 2014 did not return requests for comment. Bouchard “looks relatively safe” from criminal prosecution because of his clear efforts to walk away from the warehouse and citing Almena’s unauthorized work to the building, said Stanford Law Professor Robert Weisberg, who reviewed the lease at the request of this news organization.
Criminal defense attorney Dan Horowitz, who also reviewed the lease, said the landlord, despite wording in the document suggesting otherwise, would remain criminally liable for not keeping the building safe, “You cannot delegate building code or safety to tenants,” he said in an email, “You can assign it to them, or transfer the obligation BUT, that is NOT the same as relieving the landlord from his inherent obligation to make it safe.”, Language in the lease also attempts to absolve the Ngs from any liability for “any damages, or claims for damages, by reason of any injury or death to any person … in dance shoes from england any way connected with said premises.”..
Again, Horowitz said you can’t, by contract, make tort or criminal law “go away.”. “You can shift costs, you can make certain disclosures to escape lawsuits, but bottom line is that code violations, violations of state or municipal statute, cannot be negotiated away,” he said. Shortly after the fire, Eva Ng told the Los Angeles Times the family did not know anyone lived in the warehouse, the closest the family has provided to a defense. Nowhere in the lease does it mention anyone living inside. However, Horowitz said, the massive fire and deaths did not happen because people lived there.
“They died because there were few fire exits, blockades everywhere, deficient electric, no sprinklers,” he said in an email, “It was a death trap if it was used as a fish market, a bungee jumping warehouse or anything else, NO ONE should have been allowed in that place.”, A couple months after dance shoes from england signing the lease, trouble began, Bouchard emailed Eva Ng on Jan, 11, 2014, and asked to speak to her about a “pressing” issue and some “future actions regarding our agreement.” While he doesn’t ask to be removed from the lease in the email, the subject appears clear in Eva Ng’s response..
Two days later, Eva Ng wrote back and reminded Bouchard that Satya Yuga, Almena and Bouchard were considered “one combined entity” for determining worthiness for the lease, calling his participation a “big part of this factor.” Ng mentioned his good credit score and payment history. The pair agreed to meet at the warehouse on Jan. 18, 2014, but two days before, Bouchard canceled: “My apologies to you, Eva. I had every intention to create the space, but for reasons previously stated I can no longer be … involved with Derick Ion Almena.”.
In the email, Bouchard provided contact information for his attorney if Ng wanted to discuss “liability of the space.” Ng replied and again warned dance shoes from england him not to leave, On Jan, 20, 2014, Bouchard emailed Eva Ng saying he is “distressed” by her reluctance to release him from the lease, explaining how Almena had altered her property without permission, including removing ventilation pipes and cutting a hole in the floor, Horowitz said that because Bouchard’s emails do not spell out “dangers” in the unapproved alterations to the building, Ng was not put on as significant notice as the electrical warnings the family received in other emails, In those communications, the Ngs balked at paying for electrical upgrades that Almena said needed to be done to provide consistent and safe electrical power to the warehouse..