As the legal process drags on, we see that the rains are just weathering away this building, water pours down through the roof inside the buildings wall structure and leaks out from behind the tile.
There is no such thing as a “dry” place on this building, so much for bankruptcy fixing the place up.
Back in early 2016, the 1st mortgage officially filed a lawsuit against the owners (and all lien holders) of the Burbank Theater, Santa Clara County Superior Court Case @115CV284426.
So what has happened in almost 2 years?
Lawyers have come and gone replaced by newer lawyers, each time adding new delays.
New defendants have showed up with claims, only to be retracted or never followed through in later hearings.
The clerks office went on strike further delaying default judgement, and 1st mortgage has been waiting till each new case management conference to do anything… So the case is now scheduled for it’s next action “in the next 90 days” with the only hard-ish date now set for April 2018.
The light at the end of the tunnel? It’s there somewhere, the good news now is – it’s very clear who the owners are and who the owners are not.
Happy New Year everyone!
End of June 2018 update: Case dismissed? Strange doesn’t even begin to explain this; the judicial foreclosure was dismissed by the bank without any explanation. This implies the 1st mortgage will return to a standard foreclosure, but no date has been publicly set at this time, and they are not returning Email or Phone calls.
The most common question we receive is… what is going to happen to the historic theater and signage that is the gateway into the Burbank district. While the future is still uncertain, you can participate by joining or attending the local community meetings.
Burbank Theater and the tower sign while surrounded on all sides by the City of San Jose, today continues to be part of the unincorporated sections of Santa Clara County, the community association works closely with the Santa Clara County Supervisor for the District and in a model that we all would hope is how the United States of America really does work. The Supervisor or staff from District 4 personally attend each community meeting.
Finally your attendance, thoughts, and voice directly matter – as the County has nearly full discretion on what changes happen. For example, if a new developer wanted to come in and bulldoze the Theater and toss the Tower sign into landfill. The County Supervisor would very likely either be able to stop that process completely, or delay it until the community was heard and the concerns met.
If you live or care about the outcome of the Burbank Theater or the Tower Sign itself; please consider attending or joining the Burbank Community Association of Santa Clara County.
Some days… the Burbank Theater is really hard to walk into… you look around at the latest round of graffiti and say to yourself… is it worth the endless battle?
Then we snap out of it – call the sheriff they come right away always surprised when anyone reports anything at the Burbank Theater. They are always somewhat shocked that anyone cares, but we care.
We care enough to call, we insist on a criminal report number… and then we take our time and review all the security camera footage.
Then because we’ve been through this so many times, out comes the paint rollers, the paint cans, the extension ladders, etc.. and voilla gone in 60 seconds… 🙂 well ok… gone in 60 minutes.
But the best part is… once we finish reviewing the security camera footage… and we get to send the latest round of graffitist – picture to the sherriff. Right down to their 1:40am till 1:53am timeline, the color of their red shoes, their silly shorts… and the smug look on their faces looking up at their amazing grafitti job – as the cameras are looking directly down into their faces. It’s the part that makes it all worth it.
In one of those stories we all wish we could have been a fly on a wall for… the District Attorney’s office working with Code Enforcement of Santa Clara County – were able to get the fence on Parkmoor fixed! Looks fantastic.
Although it is a bit concerning that pieces of tree and pieces of wood are sitting on the sidewalk, at least the fence is fixed, the graffiti is gone and the homeless that were living here have we hope decided to find themselves more permanent solutions to their problems!
Special thanks to the County of Santa Clara’s District Attorney’s office, and the Santa Clara County Code Enforcement division!