This article was underwritten in part by the Mickey Flacks Journalism Fund for Social Justice, a proud, innovative supporter of local news. To make a contribution go to sbcan.org/journalism_fund.
The Santa Barbara’s Superior Court ruled on misdemeanor charges brought by Santa Barbara city against James Knapp, an owner of an apartment complex on 215 Bath Street, last week. Specifically, the court issued a diversion for a two-year period, which included more than two dozen terms and conditions that Knapp needs to follow. If he does, then Judge Raimundo J. Montes De Oca will stop legal proceedings. If Knapp violates the terms, criminal prosecution will continue.
Knapp must personally show up to court review hearings during this time because, Judge Montes De Oca said, “he needs to follow the law like everybody else.”
Knapp’s lawyer, Robert Forouzandeh, has called the diversion a victory, saying there is no fine, jail time, or community service required and that his client did nothing wrong.
“It’s an absolute and total victory because our position is that we have always complied with the law. We always indicated we would comply with the law at all times going forward. So, we don’t believe we’re giving anything up here,” Forouzandeh told the Independent.
In a written statement, Alex Entrekin, the Managing Housing Attorney for the Legal Aid Foundation, which represents some of the tenants who received eviction notices signed by Knapp, said the diversion was important for his clients.
“It gave them their first chance to speak in front of their court and make clear how James Peter Knapp and his associates at the Koto Group disrupted their lives, and as Judge Montes de Oca explained, ‘fractured their community,’” Entrekin wrote.
The case was filed in May 2024 in the name of the People of the State of California charging that Knapp had violated a city code regarding no-fault evictions. The City of Santa Barbara Attorney’s office served as the prosecuting agency. Tenants of 215 Bath Street are witnesses in the case; six have testified as victims. It comes after months of conflict between tenants and the property’s owners, reported in detail by the Independent.
The diversion requires that Knapp obey all laws, especially those relating to city zoning ordinances and just-cause evictions. It also states that Knapp must retain an accessible on-site manager for the tenants, must file proof of this manager within 30 days of the diversion, and must ensure issues are addressed in a timely manner. Knapp himself must be directly accessible to City of Santa Barbara employees and follow their requests to comply with city code and state law.
The diversion also includes a list of what Knapp must not do. That includes reducing or eliminating housing services required by the lease or law, such as parking or access to common amenities, failing to complete timely repairs and threatening tenants, among other things.
Denny Wei, the City of Santa Barbara’s assistant prosecutor, said: “This was one of the diversions where the terms were negotiated by both sides — the prosecution and defense — and then that order was submitted to the court for the judge’s approval,” Wei said.
Wei said that diversions are common in the municipal code violations he prosecutes for the city. He also said this case is not the city’s first prosecution of a violation of the city’s just-cause ordinance.
What’s next: Knapp’s next court date is set for April 28.
