Chris Pitet wins Covid-19 Injunction
(Newport Beach, California) December 17, 2020 -- In an apparent first-of-its-kind court ruling in California and perhaps nationwide since the start of the COVID-19 pandemic, a judge today halted the scheduled forced sale of a man’s home because of stay-at-home orders.
Defense attorney Christopher L. Pitet, of Adkisson Pitet LLP in Newport Beach, California, filed an emergency motion on behalf of a homeowner to stop the sale in light of a stay-at-home order which went into effect in Alameda County on December 6, 2020.
“The judge ruled that a fair sale could not be conducted at this time in light of stay-at-home order in place in Alameda County,” Pitet explained. “This has significant implications for similar cases everywhere in California and perhaps nationwide. We are very pleased that the court recognized that a fair sale process could not occur at a time when people are being ordered to stay home.”
A court filing submitted to Alameda Superior Court Judge Evelio Grillo in Oakland stated: “With the COVID-19 pandemic and the related stay-at-home order in effect in Alameda County, there is simply no way for the Sheriff to conduct a fair and efficient sale of (the)… family residence. As a consequence, (the homeowner)… will be greatly prejudiced if the sale is permitted to go forward.”
The now-postponed planned forced sale of the house was to enforce a judgment.
The Alameda Sheriff’s Department was scheduled to begin the sale of the house in Pleasanton on December 18, 2020.
“This is a huge victory for this homeowner and others facing similar circumstances. I am not aware of anything like it in the country. Basically, this ruling if applied elsewhere would allow any person to stay a sale if there is any type of stay-at-home order in place,” stated Pitet.