Stockton City Council District 5 candidate Desiree Lynch did not appear in court on Aug. 20 for hearings on her requests for restraining orders against former Mayor Anthony Silva and former Vice Mayor Ralph Lee White, and the civil harassment cases were dismissed.
Lynch, a registered nurse, is running against incumbent Brando Villapudua in the Nov. 3 general election. She was arrested on Aug. 19 in a separate criminal case following a six-week public corruption investigation into her candidacy and residency by the San Joaquin County District Attorney’s Office Bureau of Investigations. She faces five felony election-related charges: three counts of perjury, one count of causing, procuring or allowing false voter registration andt one count of filing
a false declaration of candidacy.
Lynch’s failure to appear at the order to show cause hearings in the civil harassment cases raised questions about whether her absence violated the terms of her release following her arrest the previous day.
San Joaquin County Superior Court Commissioner Kerry Krueger presided over the hearings and dismissed Lynch’s civil harassment cases against Silva and White without prejudice, allowing her to refile the cases in the future.
The temporary restraining orders previously issued against Silva and White were also dismissed, ending restrictions that prohibited the men from harassing, intimidating, stalking, threatening or otherwise contacting Lynch.
The temporary restraining orders prohibited the men from contacting Lynch directly or indirectly, including in person, by telephone, mail, email, text message, fax or other electronic means. Silva and White were also ordered to stay at least 100 yards away from Lynch, her 18-year-old daughter, Kaylin Gutierrez, and Lynch’s home.
Lynch requested the restraining orders on July 29, claiming that Silva and White entered without permission an East Oak Street apartment she listed as her residence in voter registration and candidate filing records, filmed inside and shared her address online. In court filings, Lynch said the alleged entry made her fear for her safety and that she did not know the men personally.
Lynch’s requests, which have since been dismissed, were partially granted. She initially sought orders requiring Silva and White to stay at least 100 yards away from her, her daughter, her home, her workplace and her daughter’s school.
Stockton Police Department spokesperson Officer David Scott said on July 29 that the department became aware on July 26 of the reported apartment entry and was looking into the matter. No arrests had been announced in connection with the reported entry as of Aug. 20.
The East Oak Street apartment at the center of the restraining order cases is also one of two addresses prosecutors allege Lynch falsely claimed as her residence in voter registration and candidate filing records. The apartment is at Doyle Garden Apartments, 625 E. Oak St., while the other address is for Harry’s Cocktail Lounge at 407 E. Charter Way.
When the civil harassment cases were called by a court clerk in Department 3A, neither Lynch nor an attorney representing her was present.
Silva and White appeared before Krueger with their attorneys. Silva was represented by Jose Rodriguez, president and CEO of El Concilio California, a Stockton-based nonprofit that provides behavioral health services, immigration services and preschool centers. White was represented by former San Joaquin County District Attorney Tori Verber Salazar.
During the brief hearings, after Krueger announced that the civil harassment cases would be dismissed without prejudice, Verber Salazar told the court commissioner she wanted to state a few points for the record. She said Lynch, who was released from the San Joaquin County Jail hours after her arrest on her own recognizance, was required to be present in court and argued that Lynch’s absence violated the terms of her release.
Under California law, being released on one’s own recognizance means a judge allows an arrested person to leave jail without posting bail, provided the person agrees to appear in court when ordered and comply with other conditions of release.
Krueger said she could not rule on whether Lynch’s failure to appear violated the terms of her release because the matter was part of a separate criminal case.
Verber Salazar told the court commissioner that Lynch’s failure to appear came after she had filed what the attorney described as false crime reports that defamed her client, White, and Silva, with “awful, terrible allegations” that harmed their credibility. She also expressed concerns that Lynch had claimed to be a victim and used victim resources that Verber Salazar believed she was not entitled to based on allegations made by the district attorney’s office.
In an Aug. 13 email to Interim City Attorney Donald Larkin, Lynch said she had been placed in a safe-haven housing program for her protection but had exhausted the time available through the program.
Verber Salazar also told the commissioner that she believed Silva and White were entitled to attorney fees. She said she planned to seek $2,500 in attorney fees for White and that Rodriguez planned to seek the same amount for Silva.
In response to Verber Salazar’s concerns, Krueger said they were noted on the record but added, “This is not a criminal matter, although my guess is for your client, it feels criminal. I understand that, but this is a civil matter.”
Krueger said the record would be accessible for any other proceedings Verber Salazar needs it for.
Verber Salazar continued to argue that the legal proceedings had cost Silva and White a significant amount of money and told the commissioner that she, too, had been misled when Lynch signed the documents requesting the restraining orders.
"That's what bothers me," Verber Salazar said. "When you go that far, lying to a judge, there should be some consequences for it. She should be required to pay a $2,500 fee to me and a $2,500 fee to Jose for this because this is costing you, your clerk, the bailiff, the computer system, the press, all of this on a lie. A bald-faced lie."
Krueger said she appreciated what Verber Salazar was saying but did not have a formal request for attorney fees before her to rule on. She said that did not mean such a request could not be brought before her in the future. She also stressed, “We are officers of the court, and we are all expected to be honest before the court.”
After the hearing, Verber Salazar told reporters she planned to refer statements Lynch made in the civil harassment cases to the district attorney’s office for review, saying she believed prosecutors should investigate whether Lynch committed additional crimes, including perjury.
Lynch did not immediately respond to a request for comment after the hearing about her absence and Verber Salazar’s allegations.
Attorney offers alternate account of apartment entry
In an interview following the proceedings, Verber Salazar offered a different account of how Silva and White entered the East Oak Street apartment, an allegation central to Lynch’s restraining order requests.
Verber Salazar said the residence was occupied by a political consultant who had sustained a serious injury. She did not identify the consultant by name.
The Record previously reported that Ted Lehrer, who has worked as a consultant for Lynch’s campaign and Stockton City Council District 1 candidate Tamica Small, was hospitalized after being stabbed at a downtown Stockton bus stop. Lehrer also previously worked as a consultant for Vice Mayor Jason Lee during his 2024 campaign.
When asked on Aug. 6 whether he was still working on the campaigns of Lynch and Small, Lehrer said he was the victim of a random violent crime and was focused on his recovery.
According to Verber Salazar, Silva went to the hospital to check on the consultant, whom she described as a friend of Silva’s. After several hours at the hospital, the consultant became concerned that his property had been left exposed and that his apartment door was unlocked. Verber Salazar said the consultant told Silva he needed to pay a neighbor to “keep track of things.”
At that point, Verber Salazar said the consultant asked Silva to handle the matter to give him peace of mind while he recovered from his injuries. Silva then asked White to accompany him to the apartment, Verber Salazar said. When they arrived at the complex, the front gate was open, and the men went to the consultant’s apartment, which is listed as Lynch’s residence.
"They took photographs in order to ensure that nothing was stolen when he was gone because it was a high publicity case," Verber Salazar said. "Here they are being good Samaritans, doing the right thing. They went next door and paid the neighbor, and they talked with the neighbor, had a great conversation, went home and didn't think twice about it. The next thing you know, she's blowing up on social media and makes her crime report that they unlawfully broke and entered into her house, which is a felony."
When asked on Aug. 6 whether the East Oak Street apartment was his residence, whether he gave Silva and White permission to enter and whether Lynch lived there, Lehrer did not answer the questions.
Verber Salazar said Silva and White were served with the temporary restraining orders, which she said resulted in the men losing their Second Amendment rights to carry and own firearms and having their names and reputations “dragged through the mud.” She said that was when they decided to fight Lynch’s allegations.
"We came to court to fight today," Verber Salazar said. "We brought people who can attest and witnessed everything. We have sworn affidavits. We were ready to come. She didn't even show up, but all this time, she's been allowed to defame my client. All this time, she's been allowed to run these two through the mud. Where's the consequence for that?"
Lynch faces felony charges tied to residency allegations
The hearings involving Silva and White took place one day after Lynch was arrested on five felony charges related to alleged election fraud, including perjury on or about Nov. 10, 2025; perjury on or about Feb. 5, 2026; perjury on or about March 2, 2026; causing, procuring or allowing false voter registration from Nov. 10, 2025, through Aug. 15, 2026; and filing a false nomination or declaration of candidacy from Nov. 10, 2025, through Aug. 17, 2026.
Stockton City Council members elected from districts must live in the districts they represent. District 5 is in south-central Stockton and has a population of 51,649, according to the city’s website.
The district attorney’s office said investigators determined Lynch lived in Lodi and north Stockton, in District 1, rather than District 5, as she claimed on her voter registration and candidate filing paperwork. The office said Lynch perjured herself by registering to vote and filing as a candidate using residential addresses where she did not live.
The San Joaquin County District Attorney’s Office Bureau of Investigations conducted the investigation following a referral from the San Joaquin County Sheriff’s Office after the June 2 primary election.
The bureau of investigations is independent of other local law enforcement agencies. According to the district attorney’s office website, the bureau conducts specialized investigations, including those involving suspected misconduct by government officials, public employees or local agencies.
An arrest warrant was issued on Aug. 18 and signed by San Joaquin County Superior Court Judge Seth Hoyt Jr. Lynch was arrested on Aug. 19 and booked into the San Joaquin County Jail. She was released from custody later the same day.
Lynch’s arraignment was originally scheduled for Aug. 20, the same day as the hearings in the civil harassment cases, but was ultimately moved to Sept. 2.
If convicted on all counts, Lynch faces a maximum of six years and eight months in state prison, the district attorney's office said.
Outside the courtroom after the restraining order proceedings, Silva said he believed Lynch was coerced into filing what he described as a false police report against him and White. He said he believed the report could constitute another crime and expected the district attorney’s office to file additional charges as a result. He also voiced concerns about the residency allegations.
"I understand that some people out there, and some elected officials, say, 'Oh, residency, it's not a big deal.' But we’re not running for Congress, right? Where you could have a cabinet, a house somewhere else," Silva said. "We’re running where these people will control the police department and help decide who's investigated and who's arrested. That is a scary thought. They control the city manager and they control economic development. So why would we want somebody from another city coming over to Stockton and say, 'Hey, I'm going to run things?'"
Record reporter Hannah Workman covers news in Stockton and San Joaquin County. She can be reached at hworkman@recordnet.com or on Twitter @byhannahworkman. Support local news, subscribe to The Stockton Record at https://www.recordnet.com/subscribenow.
This article originally appeared on The Record: Stockton candidate's restraining order cases dismissed after she misses hearing
