Charges filed against alleged SF squatter with stay-away order from reentering $4M Sea Cliff home

SAN FRANCISCO (KGO) -- Criminal charges were filed today against a person who is alleged to be squatting in a $4 million home in San Francisco. It's the latest development in the ongoing saga involving the home in the ritzy Sea Cliff neighborhood.

Forty-two-year-old Diana Peng appeared in court Tuesday, pleading not guilty to four felonies and four misdemeanors after officers executed a search warrant at the $4 million Sea Cliff home last Friday.

San Francisco District Attorney Brooke Jenkins, alongside Police Chief Derrick Lew, announced that Peng also faces several misdemeanors -- including driving with a suspended or revoked license and an animal neglect charge. This comes after Animal Control says seven pit bulls were recovered from the home following the Friday search.

RELATED: SFPD executes search warrant at $4M Sea Cliff house at the center of alleged squatting activity

"We are doing everything in our power to resolve the situation and hold anyone violating the law accountable," Lew said.

"My office has now charged her with a number of felony offenses, including unlawful possession of a controlled substance with a firearm, possession of a firearm by a felon and two counts of possession of ammunition by a felon," said Jenkins said.

7 On Your Side asked numerous times whether any charges will be filed in connection to the alleged real estate fraud.

"I know there's been a lot of questions, a lot of reporting on the ownership of the house and other civil matters or potential criminal activity -- we cannot speak on that today," Jenkins said.

"I think it's really disappointing," said Whitney Lynn, a Sea Cliff neighbor. "We've continually seen the DA be aware of this situation and being told to wait and see. Meantime we feel like we have to be on guard 24 hours a day."

"I'm extremely frustrated like everybody else on the block for close to 18 months of, really, a living hell," said Emily Brakebill, another neighbor.

RELATED: Lawmakers question California's legal protections as alleged squatters occupy $4M SF home

The announcement came before Peng's arraignment Tuesday afternoon, where the judge granted the DA's request for a stay-away order -- so Peng can't return within 150 yards (about one-and-a-half football fields) of the house on 32nd Avenue. Neighbors left in tears, relieved.

"We're just so grateful. We can sleep tonight and not live in fear of what we're going to wake up to the next morning. What we're going to be woken up to in the middle of the night -- and put our kids to sleep and breathe for the first time," Lynn said.

Peng, who has previously filed for bankruptcy, does not have to post bail. She has been assigned a public defender.

The public defender's office told the judge Peng frequently cares for her mom -- adding that she's gainfully employed and a productive member of the community.

Whereas the district attorney's office reminded the judge that Peng had five prior felonies in separate cases, and while they're older cases, she had previously violated the terms of her probation.

The judge made it clear to Peng that if she violated the terms of her release, she will be re-arrested, and if she attempts to go back within 150 yards of the home, her ankle monitor will alert the Sheriff's Office.

Deputy Public Defender Eli Huscher released the following statement on behalf of Peng, saying: "Ms. Peng has pleaded not guilty to the charges and there are no allegations of danger or violence toward anyone. We are just beginning to receive information from the District Attorney's Office, which we will be closely vetting and, as always, it will require further investigation. Nothing in the discovery has shown that she is not the owner of the house, but the court has ordered her to stay 150 yards away and adhere to several other conditions. We will do everything we can to make sure that she is connected to appropriate services while this case is pending because we know that when people have steady housing and support, it's a better situation for everyone in our communities."

RELATED: 'Get them out': Alleged squatters take over $4.4M SF property, neighbors wait for city to act

The judge released Peng on many conditions. including that she wear an ankle monitor at all times, be subject to searches and drug testing at any time and have no animals under her control, just to name a few.

The DA says her office is legally not able to file a motion to detain Peng, adding the case does not meet those standards.

Looking ahead, the next hearing is set for December.

As for the civil case tied to the city attorney's lawsuit, that continues this Friday.

7 On Your Side will, of course, be following it.

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