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Los Gatos Woman Files Counter Claim Against Town After Restraining Order

Lynley Kerr Hogan wants municipality to pay her $10,000 in damages for alleged negligence, emotional distress.

A Los Gatos woman prevented from getting close to the Civic Center and town government officials after the municipality alleged she threatened a "Columbine-type action" against them over a zoning dispute has filed a counter claim seeking $10,000 in damages.

Lynley Kerr Hogan, 45, filed the claim last month in the civil division of Santa Clara County Superior Court alleging the town was negligent and caused her intentional emotional distress when its staff threatened her with charging her $15,000 a month if she continued to earn income from renting her Victorian home as a vacation rental.

Hogan said she rented the upstairs of her property, known as the Lavender Lady, 230 Tait Ave., as a vacation rental for three years, since July 2010, unbeknown to surrounding property owners and no complaints were ever received.

The problem started when she began to advertise the property for rent in May 2011. At the time, someone complained to the town saying she was illegally renting the property. 

The situation was brought to her attention in August of 2011. At this time, she said she was told she would be fined $500 a day if she did not cease her business, or $15,000 a month she could not afford.

Her response, she explained, was to visit the Los Gatos Planning Department to understand her options because she wanted to comply with the town code. After meeting with several planning staff members, the single mother of three small daughters paid $2,000 for an application seeking a conditional-use permit to amend the town statute to allow for such a use.

At least 33 other properties on Tait Avenue have secondary dwellings, which are rented long-term or otherwise, Hogan said.

After one sleepless night due to the situation in March 2012, Hogan said she rode her bicycle to the Planning Department shortly after it opened. She said she was very upset and scared.

Her intention, she explained, was to convey a message to the town that she was hurting and suffering due to its actions. She admits she was emotionally upset, crying and that's when she said the town used the altercation that ensued to have her taken into custody for approximately eight hours for evaluation at Valley Medical Center.

A stipulation was signed by Hogan in exchange for the town agreeing to not press charges, she said. The incident, however, later resulted in the town obtaining a restraining order against her on March 19, 2012.

At the end of May 2012, and to her surprise, a warrant was issued for her arrest, she said. She was being charged with making terrorist threats. She turned herself in immediately, she said, posted $25,000 bail, and made several court appearances to exonerate herself.

She said the Santa Clara County District Attorney, however, lacked the evidence to successfully prosecute her and in February 2013, she accepted an offer to a lesser charge of disturbing the peace.

The most recent incident involving Hogan, which appeared on the Los Gatos/Monte Sereno police blotter, was caused when she screamed at her ex-husband outside the U.S. Post Office while inside her car on North Santa Cruz Avenue.

She said her ex-husband called police and she was once again arrested on suspicion of making criminal threats. She said it was Good Friday and she was incarcerated for six days at the Santa Clara County Jail in San Jose. The charges were dropped.

Town officials got a second temporary restraining order this past March 22 and another legal injunction against Hogan for two years on April 9, which has now been entered into the statewide database of individuals prohibited from owning or purchasing a firearm.

Hogan said she purchased a shotgun at Los Gatos' new gun retail shop Templar Sports March 8 for about $500, but did not pick it up until March 18, due to the state-mandated waiting period.

She said she purchased the weapon to protect herself and her three daughters from intruders and her ex-husband.

However, she said, Los Gatos/Monte Sereno police officer Leyton Howard came to her home and asked her to return the gun, which she did.

ALSO ON LOS GATOS PATCH:

  • 'Lavender Lady' Fights Los Gatos
  • Los Gatos Town Council Approves Extension of Gun Sales Moratorium
  • Town Obtains Restraining Order Against Los Gatos Woman
Ed Dee April 30, 2013 at 03:01 PM
Wow. What an awful situation. I can understand both sides of the conflict, and am sure Atlas is Shrugging somewhere.
Richard Pepper April 30, 2013 at 08:57 PM
I hope and pray that this person gets psychiatric help and that her children are okay. I'm just happy that no one has been killed by her, including herself and her children. FACTS: - This woman has been the "Restrained" party in at least 6 restraining orders (CLETS and Civil) over the last eight years. - She has been "taken into custody" and held in the county jail/psych ward four times since 2006 for violating those Orders. Three of those four times occurred, by her own admission, in the last year. - Her most recent arrest (Felony Criminal Threat, again!) occurred on Good Friday. As the police incident report says she threatened to kill her ex, fled the scene when her victim called the police, drove erratically through downtown Los Gatos, had a hit and run accident, and when the police contacted her with help from citizens that witnessed the events she told the responding officer to "shoot her in the head" when he caught up with her. - She admits to having purchased a shotgun while she was the "Restrained" party under the Town of Los Gatos Order that followed the "Columbine" incident. - The Town sought and received a new Restraining Order after she purchased the weapon. - She is now on the State "Can't Purchase" list. Finally. - The ex is seeking a restraining order following the Good Friday "Postal" incident. Why don't we learn from our experiences with Aurora and Newtown? Why don't we protect the innocent victims from these repeat offenders?
Ivy diggs May 01, 2013 at 03:19 AM
I agree with Mr. Pepper. Do we have to wait for something worse to happen before action is taken? She is a danger to herself, her children and our neighborhood.
Irene Aida Garza-Ortiz May 01, 2013 at 06:57 AM
Always 2 sides of a story. And you gotta look at the Whole Picture here!
Eleanora Bilson May 01, 2013 at 11:49 AM
With all due respect I'm not sure i see the Whole Picture in this case. So a woman with a history of emotional problems and restraining orders against her for violent and threatening outbursts is allowed to purchase a shotgun, with three small children in her home, and that's "ok"? She claims its to protect herself against intruders and her ex. Yet this is the same woman who was pleading with the town of LG to basically allow her to open up her home on a daily basis to perfect strangers. And the ex husband is the one she made death threats against and was arrested for "going postal". In this case there's no way a gun should have been allowed in her hands. I'm not against selling a gun to a law abiding citizen without a history of arrests of making terrorist-like threats as well as threats of suicide. In her case there's no "whole picture" when it comes to putting a dangerous weapon in her hands.
D. Walker May 01, 2013 at 05:49 PM
"She is now on the State "Can't Purchase" list. Finally." Thank you for finally setting the record straight in a clear and concise manner on this one point. There is no doubt that the criteria for putting someone on the states "cannot not buy list" needs to be amended. However, at the city council meetings the members of the city council were very disingenuous in telling only part of this story. They made it sound like Templar Sports had violated the law by selling a gun to someone not allowed to own a gun. As you have so perfectly noted, the purchase was made prior to this lady being put on the list restricting her ability to legally own a firearm. The mayor and city council purposely deceived us, and in doing so lied to us! Specifically because of the leadership at the planning commission as well as exhibited by the city council I have withdrawn my offer on a home purchase in Los Gatos. I no longer desire to be a member of your community.
Elizabeth Saxe-Coburg-Gotha May 02, 2013 at 09:05 PM
~I’ve personally known Lynley and family since the 1960’s. To know her is to love, admire, and respect her for her courage to get out of a marriage to a sociopath regardless of having 3 babies, two whom are deaf, to care for alone. She knew Jim would fail them as he did his first wife and their three children, but didn’t learn the truth until it was almost too late. She has given a great deal to our community over her lifetime here in Los Gatos. Lynley is a great woman & dedicated mother. This family needed the help of others, yet, failed to get it. They could sure use your support now. I know a lot of Los Gatos residents know the truth about this horrifying situation and do support this family. ~I’ve personally known James Alfred Hogan, Jr., of MI/OH/TX/CO/CT, since he moved to CA in the 1990’s. To know this guy is to know a cold-hearted, unemotional sociopath who has an arrest record. He wants you to think he’s a successful SV Exec whose wife is the bad guy. He tells you what you want to hear. Then he steals, lies & cheats his own employers, attorneys, friends, wives, and his six children. Ask anyone who has gotten close enough to regret it or knows someone who has. He is a dead-beat daddy who has left the family without financial support or insurance for years & hasn't seen the children. The LGPD knows he is a transient by night, at the library by day, and sneaks into the LGAC to work out, show off, and shower before returning to his tent via his rented car.
Dick Pepper May 02, 2013 at 09:34 PM
D. Walker, this woman purchased a weapon while she was the subject of a civil restraining order that specifically prohibited her owning a weapon. To be clear, she has a long, public history of violating restraining orders that various parties have obtained against her for doing not very nice felonious things, like threatening to kill people, threatening terrorist activities and the like. The real question here is why wasn't she arrested for possessing the weapon this time around? One can only imagine what would have happened if she still had the weapon when she went postal at the LG post office. Perhaps Ms. Sanchez can shed some additional light on this question, given that she seems to be thoroughly briefed in by this odious person?
Peter Cook May 12, 2013 at 07:55 AM
I think it is about time a restraining order was placed on the town council. They serve the interests of themselves and their pet businesses. So what if one person is renting out a room/house/apartment/whatever.
yayapap May 24, 2013 at 09:52 PM
I know Lynley and the wonderful mom she is. Her ex husband has not helped in any way to provide for his daughters. Shame on him for running from any responsibility and kudos to Lynley for providing for her beautiful girls.

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