Free Speech Violation
Elo-Rivera has a history of interrupting his colleagues and cutting off the public while speaking during City Council meetings. In October of 2024, the San Diego Union-Tribune reported that the City agreed to pay $15,000 to settle a lawsuit brought against the City by the Project for Open Government in which Elo-Rivera and other council members were accused of violating free speech rights.
“Plaintiff, its members and other members of the public have been injured as a result of (the city’s) violations of the free-speech and government-petitioning rights of the public,” the San Diego Superior Court lawsuit said.
“Among other things, members of the public are unable to speak freely to members of (the) city council and its committees and are thereby unable to adequately instruct their representatives and to petition those representatives to redress the public’s grievances,” it added.
(San Diego Union-Tribune, 10/14/24)
Disrespectful behavior toward the public and colleagues mars Elo-Rivera's time on the City Council.
2016 Eviction
Sean Elo-Rivera has told his eviction story in the press. However, the public deserves the details without any political spin or polish.
In September 2016, John G. Barthell--Trustee of the Barthell Family Trust-- filed an eviction proceeding against Sean Elo, claiming that he owed $1,395 in overdue rent for an apartment at 3036 B St around the Golden Hill neighborhood of San Diego. Following a default judgment, a writ of possession was issued, and the plaintiff was apparently back in possession of the premises by October 26, 2016. A January 2017 judgment showed Elo owed $3,604 in all for the case, which was not fully satisfied until June 2022--after he took office as a member of the City Council and his wages were garnished. (Case No. 37-2016-00033048-CL-UD-CTL, San Diego County Superior Court, Unlawful Detainer – Residential: Complaint filing, 9/21/2016. Case No. 37-2016-00033048-CL-UD-CTL, San Diego County Superior Court, Unlawful Detainer – Residential: Judgment filed 10/5/2016; Return of Writ of Possession filed 10/28/2016. Case No. 37-2016-00033048-CL-UD-CTL, San Diego County Superior Court, Unlawful Detainer – Residential: Judgment filed 1/24/2017; Satisfaction of Judgment filed 6/16/2022. Documentation of Elo-Rivera’s wage garnishments are included in a Final Return to Court Writ of Execution filed 4/12/2022).
El-Rivera also claimed that the family trust he was renting from was sold to a "large corporate property management company." (Medium, 11/8/22). San Diego County property records indicate the 3036 B St apartment building was indeed sold in November 2015 – but from Lebherz Commercial LLC to the Barthell Family Trust, an apparent contradiction with Elo-Rivera’s claim. (Daily Journal, 11/11/15; arcc-acclaim.sdcounty.ca.gov, Doc No. 2015-0571937)
Three years after the judgement, a March 2020 case filing shows that Elo-Rivera had only paid $180.61. He still owed $3,423.39 from the original judgment, plus an additional $1,062.64 in requested interest. (Case No. 37-2016-00033048-CL-UD-CTL, San Diego County Superior Court, Unlawful Detainer – Residential: Memorandum of Costs filed 3/5/20).
In October 2021, the court issued a writ of execution against Elo for $5,072.83, which was finally returned satisfied in April 2022. Case documents show Elo-Rivera’s wages at the City of San Diego had been garnished, and a satisfaction of judgment was finally issued in June 2022. While Elo-Rivera had to have his wages garnished to satisfy this judgement, just two years later he and his wife bought a condo for $715,000.
(Case No. 37-2016-00033048-CL-UD-CTL, San Diego County Superior Court, Unlawful Detainer – Residential: Writ of Execution filed 10/20/21; Final Return to Court Writ of Execution filed 4/12/2022; Satisfaction of Judgment filed 6/16/2022. acclaim.sdcounty.ca.gov, Doc No. 2024-0320094).
The story Elo-Rivera tells about his eviction does not fully match public records.