Homeowner Pleads Not Guilty

Elena Zagustin, the central figure in a decade-long neighborhood feud over the condition of her Huntington Harbour home, pleaded not guilty Tuesday to 92 misdemeanor counts of neglecting the property.

At her arraignment in Municipal Court, Zagustin, acting as her own attorney, also filed motions to dismiss the prosecutor and move the case to Los Angeles County.

Last week, the Cal State Long Beach engineering professor was ordered to vacate her house in an upscale neighborhood and was charged with violating fire, housing and municipal ordinances. Neighbors have complained about human waste stored in buckets inside the house, rodent and insect infestation, and strong, unpleasant odors.

Municipal Court Commissioner Martin G. Engquist told Zagustin on Tuesday that she has until Feb. 9 to file additional motions. That is the date set for a pretrial hearing.

Zagustin, 61, has faced civil and criminal action before over the condition of the house. Over the years, there have been lawsuits, countersuits and motions she has filed to delay previous cases against her, according to neighbors and Deputy City Atty. Jennifer McGrath.

In an unusual move earlier this month, an Orange County Superior Court judge restricted Zagustin’s option to file motions, ruling her to be a “vexatious litigant.” As a result, Zagustin must now seek court approval for any legal action she takes in the housing matter.

Superior Court Judge Dennis Choate ruled that Zagustin “repeatedly filed unmeritorious motions, pleadings and other papers” and engaged in tactics that were “frivolous or solely intended to cause unnecessary delay.”

Away from the swarm of television cameras, Zagustin said neighbors are unfairly persecuting her and she had done her best to keep up her home.

“It’s been stressful. This is all being done because of hate toward me,” said Zagustin, a Russian immigrant. “I am complying with the codes. My property has been cleaned up.”

Zagustin said her motions are aimed at moving the case to a “fairer” court in Los Angeles County, dismissing McGrath because she is supposedly conspiring with neighbors, and dismissing the case because it is an illegal prosecution.

She said she plans to file additional motions.

While Zagustin may be fined and spend time in jail, city officials said their main goal is to have her comply with city codes. If convicted on all counts, she could face up to $46,000 in fines and a maximum of 40 years in prison.

“We’re doing whatever we can to make her comply,” McGrath said. “Historically, she [Zagustin] has come into compliance but maintaining it has been the problem.”

City officials conducted three inspections on the home on Morse Circle since last November and found numerous code violations, authorities said.

About half of the criminal charges stem from accumulation of garbage and debris, unsanitary conditions, improper use of extension cords, inadequate plumbing and blocked room entrances.

City officials ordered Zagustin to vacate the home after determining she had no hot or cold water. If she reestablishes running water, Zagustin could be allowed to return.

But neighbors say she has been back to the home since the order was issued.

“She’s been breaking in and living there. She is not abiding by the order,” said David Flynn, a neighbor who has spearheaded a legal battle to have the U.S. marshal’s office foreclose on the home and have it demolished. The neighbors have sued in civil court and won close to $290,000 in the past, but failed to collect on the monetary judgments.

McGrath said city officials would investigate whether Zagustin is violating the order to vacate.

“I am not living there,” Zagustin said. “I can go in from time to time. I only go to feed my two cats and collect some papers.”