Lunada Bay Boys Magistrate Judge Rozella Oliver Recommends That Because Defendant Brant Blakeman Failed To Preserve Text Messages After He Became Aware Of The Lawsuit He Must Pay Attorneys’ Fees And Costs For Motion For Sanctions And Cover Costs Of Additional Deposition On Subject Of What Happened To The Damn Text Messages!

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case. You can also read all my posts on the case.

At this point the Lunada Bay Boys discovery-related complaints, cross-complaints, bitching, cross-bitching, moaning, cross-moaning, and so on and on and on have gotten so tortuously complexicated that there’s essentially no way to summarize them any longer. However, I will remind you all that there was a hearing on December 6 before Magistrate Judge Rozella Oliver on spoliation of evidence by the City Defendants1 and most rapiest Bay Boy defendant Sr. Brant Blakeman.

At issue were some text messages that Blakeman failed to preserve. The texts were on a phone issued to him by the City of PVE, which is why they were involved. The plaintiffs asked Oliver to find that Blakeman and the City not only had a duty to preserve the texts but that they had been so adversely affected by their destruction that the court ought to make Blakeman and the City pay fines, pay fees, pay costs, their motions for summary judgment ought to be denied out of hand, and an instruction to the jury stating that they should draw an adverse implication from the destruction of the texts. Blakeman and the City argued that they didn’t do anything wrong at all because they had no duty to preserve anything. Just yesterday Magistrate Judge Oliver issued her report and recommendations on the issues raised during the hearing.

With respect to the City, Oliver found that while they did have a legal obligation to preserve evidence starting earlier than they claimed, no evidence was lost specifically due to the City’s inaction, so she declined to recommend any sanctions against the City. Blakeman, on the other hand, did a few bad things, according to the Magistrate Judge.

First of all, he did have a duty to preserve the text messages. Also he failed to take reasonable steps to preserve them. Finally, the text messages were lost because of his inaction, and this prejudices the plaintiffs’ case. However, Oliver declines to find that Blakeman did it on purpose,2 and so she declines to recommend the most harsh sanctions possible.

Basically, she’s recommending that Blakeman have to pay the plaintiffs’ attorneys for their costs and fees in bringing the motion for sanctions against him, and that he submit to an additional deposition that he pay for on the subject of what happened to the text messages. Additionally she recommends that the plaintiffs be allowed to present evidence to the jury about his failure to preserve and that if Judge Otero thinks it’s justified at trial, he consider allowing an instruction to the jury on what kind of inferences they can draw from Blakeman’s actions. Finally, she declined to recommend that Blakeman’s motion for summary judgment be dismissed a priori. Turn the page for transcribed selections.
Continue reading Lunada Bay Boys Magistrate Judge Rozella Oliver Recommends That Because Defendant Brant Blakeman Failed To Preserve Text Messages After He Became Aware Of The Lawsuit He Must Pay Attorneys’ Fees And Costs For Motion For Sanctions And Cover Costs Of Additional Deposition On Subject Of What Happened To The Damn Text Messages!

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City Of Los Angeles Poised To Spend $150,000 To Settle Street Vending Lawsuit Over Englander’s Opposition, Pending Only Garcetti’s Signature, Which It Seems Will Settle It For The Fashion District BID As Well

You can read up on the background in this 2015 LA times story and also in our multiple stories on the subject. Most of the paper filed in the case is available here.

Towards the end of September the parties to this monumental lawsuit against the City of Los Angeles and the Fashion District BID filed papers with the court announcing that a settlement was in the works and asking that the calendar be put on hold.

Today and yesterday a few things happened with respect to this process. Today the parties filed a status report with the court announcing that the settlement process was on track but they needed until December 30 to work out the details. This was closely followed by an order from Judge André Birotte extending the time as requested.

More interestingly, though, yesterday the City Council went into closed session to discuss the terms of the settlement.1 They passed this motion authorizing the expenditure of $150,000 to fund the settlement, at least some of which is going, with good cause, straight to Carol Sobel. Interestingly, and the reason’s not clear, Mitch Englander voted against the motion.

It’s also interesting that the motion was put forth by Paul Krekorian and seconded by Paul Koretz. It’s my unscientific impression that in the ordinary course of events this would have been moved by José Huizar, since the events which precipitated the case happened in his district. Who knows what’s going on? Maybe it’s because Krekorian and Koretz are on the committee which gave its preliminary approval to the motion? Anyway, the whole matter is in Garcetti’s hands now, and he has until December 18 to sign off. There’s a transcription of the motion after the break.
Continue reading City Of Los Angeles Poised To Spend $150,000 To Settle Street Vending Lawsuit Over Englander’s Opposition, Pending Only Garcetti’s Signature, Which It Seems Will Settle It For The Fashion District BID As Well

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Lunada Bay Boys Magistrate Judge Oliver Files Amended Recommendation For Sanctions Against Sang Lee And Some Ferraras, Plaintiffs Respond To Blakeman’s and City’s Oppositions To Their Motions For Sanctions In Preparation For Tomorrow’s Hearing Before Oliver

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case. You can also read all my posts on the case.

You probably remember that a few weeks ago Magistrate Judge Rozella Oliver set a hearing for tomorrow, Wednesday, December 6, 2017 at 1:30 p.m. in her courtroom on the ninth floor of the Spring Street Federal Courthouse. The subject of the hearing is sanctions for Brant Blakeman and the City defendants for allegedly destroying or failing to preserve relevant evidence. They filed oppositions to the plaintiffs’ motions a few days ago, and yesterday the plaintiffs filed responses to these oppositions:

They’re both interesting, but there doesn’t seem to be a lot of new material there. They’re quite plainly spoken as to the failures of defendants to preserve evidence. There’s a transcription of the response to Blakeman’s reply after the break.

Also recall that in late October, Rozella Oliver filed a report making various recommendations for sanctions against Sang Lee and Charlie and Frank Ferrara for their failure to preserve evidence. Last week she filed an amended version of this report softening some of her recommendations.
Continue reading Lunada Bay Boys Magistrate Judge Oliver Files Amended Recommendation For Sanctions Against Sang Lee And Some Ferraras, Plaintiffs Respond To Blakeman’s and City’s Oppositions To Their Motions For Sanctions In Preparation For Tomorrow’s Hearing Before Oliver

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Lunada Bay Boys Defendants Blakeman And City of PVE File Timely Oppositions To Plaintiffs’ Motion For Sanctions, Blakeman Throws His Co-Defendant Frank Ferrara Under The Bus To Some Extent

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case. You can also read all my posts on the case.

OK, so the Lunada Bay Boys plaintiffs filed a motion for sanctions against defendants Brant Blakeman, the City of PVE, and some others. The motion is here. And a couple weeks ago Judge James Otero ordered all relevant parties to brief Rozella Oliver, the magistrate judge in the case, on the issues. She turned around and set a briefing schedule and a hearing, which will happen in her courtroom on Spring Street on Wednesday, December 6, at 1:30 p.m.

That order required Blakeman and the City defendants to file briefs in opposition by November 27, which they did, and which are the reason for today’s post.1 The issue is, of course, whether these particular defendants destroyed evidence, mainly text messages, after they had a legal duty to preserve it. No one seems to deny that they did destroy the texts, so the argument is mostly about precisely when their duty to preserve evidence was activated.2

You might recall that at some point various Ferraras argued that their duty to preserve only attached when they were served with papers in the suit, but Rozella Oliver wasn’t buying it. She said that because Frank Ferrara had been interviews by the Daily Breeze prior to service he knew about the suit and ought to have not destroyed his texts. Well, Blakeman turns that argument to his own account by asserting that because he wasn’t interviewed by the paper, there’s no evidence that he knew about the suit prior to service.

Anyway, here are the briefs filed, and there are selected transcriptions from Blakeman’s pleading after the break:

Continue reading Lunada Bay Boys Defendants Blakeman And City of PVE File Timely Oppositions To Plaintiffs’ Motion For Sanctions, Blakeman Throws His Co-Defendant Frank Ferrara Under The Bus To Some Extent

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“Hello ■■■■■■■■■ and ■■■■■■■■■. My name is Josh Albrektson and I live in Downtown. I thought you guy smight [sic] be interested in what your colleage [sic], ■■■■■■■■■ does in his spare time.”

Recently I reported on the fact that idiosyncratically facial-haired DLANC douchebag-at-large, Joshua Albrektson, had threatened to expose my deepest darkest secrets to the world if I didn’t stop requesting documents via the California Public Records Act and writing about them on this blog. Well, the other day I obtained a few of the emails he sent in furtherance of this criminal conspiracy to repress me, and I thought I’d publish them here. For once I don’t have any snark to intersperse. The guy’s work is self-mocking. So turn the page for links and transcripts!
Continue reading “Hello ■■■■■■■■■ and ■■■■■■■■■. My name is Josh Albrektson and I live in Downtown. I thought you guy smight [sic] be interested in what your colleage [sic], ■■■■■■■■■ does in his spare time.”

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How Weirdly-Bearded Oswald-Mosely-esque Facebook Hero, DLANC Board Member, And Self-Proclaimed Radiologist Joshua Albrektson Threatened To Expose My Darkest Secrets If I Didn’t Stop Blogging And Making CPRA Requests So I Turned Him In To The FBI For Violating 18 USC §875(d)

Maybe you’ve been following the loony-tunes saga of DLANC Board member Joshua Albrektson and how he can’t follow the freaking law to save his life. Well, it gets weirder, friends. The other day, this self-proclaimed radiologist sent me this exceedingly bizarre email, threatening me with some kind of exposure if I didn’t stop blogging and making CPRA requests:

From:Josh Albrektson <joshraymd@gmail.com>
To:■■■■■■■■■
Subject:Just wanted to give you a warning
Date:Friday, November 17, 2017 7:02 AM

Just you and me on this e-mail. You actually have pissed off a TON of people. And one of them has collected every misogynist or other bad article you have ever written. That person has almost had enough of you and is thinking of going public to the LA Times and calling the president of ■■■■■■■■■. So I would think very hard about the next time you send a public request.

As for me, I don’t appreciate the accusations you have done against me and some of my friends. So this is just my personal warning to you. Every time you publish an article, any article, from this second forward someone you wouldn’t want reading your work will find out what you are writing about. It could end right now with you and ■■■■ being the only people at ■■■■■■■■ who know about your articles. Or not. Your choice.

Leave aside the surreal assumption that there are people I “wouldn’t want reading” work that I myself consciously publish on the open Internet, what do we have here but a thuggish attempt, however misguided, to intimidate me into not writing about Joshua Albrektson’s friends by threatening to, I don’t know, destroy my reputation?

I don’t know what you would do, but I turned the guy in to the FBI for violating 18 U.S.C. §875(d), which criminalizes this kind of conduct for reasons that you can read about in detail after the break!
Continue reading How Weirdly-Bearded Oswald-Mosely-esque Facebook Hero, DLANC Board Member, And Self-Proclaimed Radiologist Joshua Albrektson Threatened To Expose My Darkest Secrets If I Didn’t Stop Blogging And Making CPRA Requests So I Turned Him In To The FBI For Violating 18 USC §875(d)

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How I Reported DLANC’s Douchebaggiest Development Diva, Lover-Of-Non-White-Women, And DTLA Dustbowl Refugee Josh Albrektson To The Los Angeles County District Attorney For Violating The Brown Act With Evidence Provided By His Own Confession Against Interest Published, For Peak Derp, On Freaking Facebook

Anyone who follows this blog regularly knows that we’re raking in big bucks from George Soros and similar sources to support our merciless over-coal raking and to-the-duly-constituted-authorities reporting of the propertied classes of Los Angeles and their eager brown-tongued lap-minions like, e.g., the six members of the Board of Directors of the Downtown Los Angeles Neighborhood Council who participated in a sub rosa, barely legal conspiracy to do in the recent Skid Row Neighborhood Council formation effort.

One of the many targets at which we direct this firehose of Sorosbux is the Facebook, where Internet amateurs and malcontents will gather to vent their collective spleens in the comfy company of their moronic six-fingered peers. In particular, we have a dedicated, Soros-funded, intern1 doing absolutely nothing all day but sifting through opposition Facebookery. And mostly it’s predictably dumb and sadly inconsequential, this material. The political equivalent, if you will, of kitten memes. Occasionally, however, a gem pops up in the feed, and when it does, well, we will write about it!

So you can well imagine our glee over here at MK.Org secret headquarters when this little slab of puckey was brought to our attention.2 The author is DLANC board member and erstwhile DTLA resident3 Joshua Albrektson, writing about his actions after receiving the grievance against DLANC board member Dan Curnow that I filed a few weeks ago:

This is his latest article. He sent a grievance to DLANC that was literally about 40 pages about Dan Curnow being on a e-mail chain of people opposing the Skid Row NC. In order to file a grievance, you have to be a stakeholder of the place. He attached a page stating he is a stakeholder because he investigates the BIDS. I told everybody that he lives in Hollywood and works in Whittier and doesn’t own property here. I don’t think anybody even read his grievance.

So what would you do if you read something like this? Well, what I did is to turn the guy in to the Public Integrity Division of the Los Angeles County District Attorney for violating the Brown Act. Turn the page for details!
Continue reading How I Reported DLANC’s Douchebaggiest Development Diva, Lover-Of-Non-White-Women, And DTLA Dustbowl Refugee Josh Albrektson To The Los Angeles County District Attorney For Violating The Brown Act With Evidence Provided By His Own Confession Against Interest Published, For Peak Derp, On Freaking Facebook

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Lunada Bay Boys: Otero Orders Parties To Brief Magistrate Judge Oliver On Spoliation By Defendants, Other Issues, On Basis Of Plaintiffs’ Ex Parte Application For A Hearing — Oliver Sets Hearing For December 6 at 1:30 p.m.

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case. You can also read all my posts on the case.

As usual things are super complicated over in Lunada Bay. A couple weeks ago the plaintiffs filed this ex parte application for an order setting a hearing on something something something regarding Blakeman’s and the City Defendants’ spoliation of evidence. I can’t untangle the recursive character of the name of this thing, but essentially the plaintiffs are asking for a hearing on the issue of whether defendant Brant Blakeman and the City of PVE destroyed evidence after they weren’t allowed to any more. This request was based on text messages newly obtained out of Papayans’s cell phone.

This was opposed by Blakeman on the usual grounds and possibly also by the City Defendants.1 Blakeman’s opposition was the subject of a fine rejoinder filed by the plaintiffs. And yesterday Judge Otero filed an order ruling that the plaintiffs had raised allegations sufficient to require a hearing and told Judge Oliver to get on it. She filed her own order this morning setting a hearing date for December 6 at 1:30 p.m. Transcriptions of the orders are after the break.
Continue reading Lunada Bay Boys: Otero Orders Parties To Brief Magistrate Judge Oliver On Spoliation By Defendants, Other Issues, On Basis Of Plaintiffs’ Ex Parte Application For A Hearing — Oliver Sets Hearing For December 6 at 1:30 p.m.

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Lunada Bay Boys Trial Continued Until February 6, 2018 — Transcript Of Contentious October Hearing Before Rozella Oliver Published! — Plaintiffs Call Out Brant Blakeman On His Nonsense For The Eleventy-Jillionth Time

For background take a look at this excellent article from the Times on this lawsuit. Also see here to download all pleadings in this case. You can also read all my posts on the case.

Here’s an update of what’s going on with the Bay Boys. Most crucially Judge Otero has moved the trial date from next month out to February 6, 2018. Here’s a copy of the order he filed the other day.

We also have the Ferraras filing their objection to the fairly heavy sanctions against them recommended recently by Magistrate Judge Rozella Oliver. If you recall, back in August Judge Otero specifically granted her the authority to rule on this stuff and given the moderate nature of her recommendations it seems unlikely that he’s going to ignore her thoughtful work just because a bunch of Ferraras ask him to. But of course we’ll see what we see.

Most interestingly, I think, we have this Plaintiffs’ reply to Blakeman’s opposition to their ex parte application for relief from Blakeman’s and the City’s spoliation of evidence. Blakeman filed this whiny-baby opposition a while ago, but the plaintiffs’ response is well worth your time. There are transcribed selections after the break.

Best of all, though, is the fact that as part of this pleading, the plaintiffs filed this transcript of the hearing held before Rozella Oliver on October 12, which attended and reported on, but how much nicer to have the transcript. Read the whole thing, please! Oliver’s dry humor is just lovely. I wish I had time to transcribe the whole thing for you, but I don’t.
Continue reading Lunada Bay Boys Trial Continued Until February 6, 2018 — Transcript Of Contentious October Hearing Before Rozella Oliver Published! — Plaintiffs Call Out Brant Blakeman On His Nonsense For The Eleventy-Jillionth Time

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Yesterday’s Grievance Against Dandy Dan Curnow Invalidated By Some Random Ordinance Passed In 2015 Which, Although Unincorporated In DLANC Bylaws, Nevertheless Seems To Override Them, Proving Yet Again That The Sheer Overwhelming Incompetence And Habitual, Almost Mannered, Inaction Of DLANC President For Life Patricia X. Berman In The Face Of Any Matter That’s Not A Real Estate Development Approval Is More Than Mere Fecklessness, It’s Actually Some Kind Of Highly Evolved Defensive Tactic

Well, good lord friends! It seems like just yesterday that I filed a grievance against Dandy Dan Curnow, DLANC secretary and law-flouting bow-tie wearing flower-arranging dude about Skid Row for his egregious violations of the Brown Act in concert with piratical POS Jacob Douglas Van Horn. And, mostly, that’s because it was just yesterday.

So imagine my shocked surprise to receive, this very afternoon, less than 24 hours after I filed the durned thing, an email from DLANC President for Life Patti Berman informing me that, despite the fact that I had followed the procedures given in DLANC’s infernal bylaws to the very letter, nevertheless that procedure was in fact invalidated by some random law I’d never heard of and which has remained unincorporated in the Bylaws since it was passed by the City Council in May 2015. Unfortunately it turns out that she didn’t just make the whole thing up, and you can turn the page for a few details. Fortunately for the sane and the righteous, though, this complaint to the DA against Dandy Dan is still active.
Continue reading Yesterday’s Grievance Against Dandy Dan Curnow Invalidated By Some Random Ordinance Passed In 2015 Which, Although Unincorporated In DLANC Bylaws, Nevertheless Seems To Override Them, Proving Yet Again That The Sheer Overwhelming Incompetence And Habitual, Almost Mannered, Inaction Of DLANC President For Life Patricia X. Berman In The Face Of Any Matter That’s Not A Real Estate Development Approval Is More Than Mere Fecklessness, It’s Actually Some Kind Of Highly Evolved Defensive Tactic

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A collaborative denunciation of Business Improvement Districts in Los Angeles