Category Archives: 2014 LACW/LACAN Lawsuit

Today Judge Phillip Gutierrez Issued Final Order Dismissing LA Catholic Worker v. City Of LA, Central City East Association. Settlement With City Includes An LAPD Directive Applicable To ALL BIDs In The City Of Los Angeles Stating Explicitly, Among Other Crucial Things, That BID Security Has No More Authority Than Private People To Enforce The Law

A couple weeks ago the City Council approved a settlement with LA Catholic Worker, LA Community Action Network, and individual plaintiffs in the monumental case against the City and the Downtown Industrial District BID, which itself settled in March. This afternoon, Judge Phillip Gutierrez filed an order dismissing the case. Thus it’s all done except for the four years of judicial oversight to make sure that the defendants are adhering to the terms of the settlement.

The terms of the settlement with the CCEA are fairly strict, and I hadn’t seen a copy of the terms of the settlement with the City. But it turns out that on Wednesday the parties filed a a request for the case to be dismissed, which lays out the specifics. As I expected, the City agrees not to cooperate with the Downtown Industrial District security forces in confiscating property and they make some other important but not so surprising concessions.

To my mind, though, the most interesting part of what the City agreed to is this training bulletin, to be distributed to the LAPD’s central division. Although it’s a result of a suit arising from the City’s relationship with a specific BID, and although it’s only to be distributed in the one division, the wording applies to all BIDs in the City of Los Angeles. There’s a transcription after the break, but one crucial bit is this, which someone really should explain to the Hollywood BID Patrol:

BIDs are separate and distinct from the City. BID officers, employees, and representatives are not employees or agents of the City. Importantly, BID employees have no more authority than private citizens to enforce the law.

Amazingly, the bulletin also reminds police officers that they are required to treat reports of BID Patrol property confiscation as they do any other report of a theft. This settlement is a truly monumental accomplishment on the plaintiffs’ part, and our City is far, far better off for their work. They have a lot to be proud of here.
Continue reading Today Judge Phillip Gutierrez Issued Final Order Dismissing LA Catholic Worker v. City Of LA, Central City East Association. Settlement With City Includes An LAPD Directive Applicable To ALL BIDs In The City Of Los Angeles Stating Explicitly, Among Other Crucial Things, That BID Security Has No More Authority Than Private People To Enforce The Law

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City Of Los Angeles Poised To Pay Half A Million Dollars To The Legal Aid Foundation Of Los Angeles To Settle Los Angeles Catholic Worker v. City Of LA, Central City East Association

As I reported last week, the City Council was scheduled today to go into closed session to consider a settlement of the monumental lawsuit brought by Los Angeles Catholic Worker and the LA Community Action Network against the Central City East Association and the City.

Well, today they met and approved a motion which authorizes the City Attorney to pay $495,000 out of the City’s Police Liability Fund to the Legal Aid Foundation of Los Angeles as part of the settlement. Given the extensive behavioral restrictions on BID security and ongoing oversight by the court agreed to by the CCEA in its settlement, it seems likely that the money will turn out to be only part of the City’s settlement deal. The details of the rest will surely be hitting PACER soon enough, and you’ll read about them here first!

This is a huge win for LAFLA and its brave and talented attorneys: Fernando Gaytan, Shayla Myers, Paul Hoffman, and Catherine Sweetser. Cheers all round! And, although Carol Sobel didn’t work on this particular case, the outcome continues to confirm Mike Bonin’s prescient 2016 remark that if the City didn’t clean up its act with respect to the property of homeless people, “We may as well open up the keys to reserve funds to Carol Sobel”

Turn the page for a full transcription of the motion if you’re interested.
Continue reading City Of Los Angeles Poised To Pay Half A Million Dollars To The Legal Aid Foundation Of Los Angeles To Settle Los Angeles Catholic Worker v. City Of LA, Central City East Association

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LA Catholic Worker et al. V. City of LA, CCEA Settlement Terms To Go Before Full Council In Closed Session On June 14

The momentous 2014 lawsuit by LA Catholic Worker and the LA Community Action Network against the Central City East Association and the City of Los Angeles has been in the settlement process for more than six months now.1 The Central City East Association settled what seems like ages ago. The City of Los Angeles claimed in December that settlement terms had been reached, and then nothing happened for months.
Continue reading LA Catholic Worker et al. V. City of LA, CCEA Settlement Terms To Go Before Full Council In Closed Session On June 14

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LA Catholic Worker V. City Of Los Angeles Lawsuit Settlement Agreement Scheduled For Budget And Finance Committee Closed Session On Monday, June 5, 2017

The momentous 2014 lawsuit by LA Catholic Worker and the LA Community Action Network against the Central City East Association and the City of Los Angeles has been in the settlement process for more than six months now.1 Most recently, in March, the terms of CCEA’s part of the settlement were finalized by the court.2 Documents filed with the court as early as last December have announced that the terms of a settlement with the City of Los Angeles had been agreed on and were just pending City Council approval.

Well, Council is finally poised to approve the settlement terms. The matter is on the books as Council File 16-1449, and is scheduled for a closed session on Monday, June 5 at 2 p.m. in Room 1010 of City Hall at the Budget and Finance Committee. As is required by the Brown Act there will be an opportunity for public comment before the closed session. My feeling is that this is a fait accompli and not worth my time to attend, but you should certainly decide for yourself about that.

Given the fairly glacial pace at which the City has been moving, and given the fact that federal district courts move very slowly as well, it will probably be a while before the specific terms of the settlement with the City become public. However, given the stringent terms agreed to by the CCEA, this settlement is likely to include at the very least further restrictions on the City’s ability to enforce its reprehensible personal property ordinance, LAMC §56.11, and probably a lengthy period of oversight by the court as well. Stay tuned for details!
Continue reading LA Catholic Worker V. City Of Los Angeles Lawsuit Settlement Agreement Scheduled For Budget And Finance Committee Closed Session On Monday, June 5, 2017

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The LA CAN & Catholic Worker Lawsuit Has Cost The Central City East Association At Least $115,000 In Legal Fees And Costs (And How It Took Me Two Months Of Hardcore CPRAfaction To Discover This Fact)

Around these parts we refer to the California Public Records Act as CPRA, pronounced SIP-rah. The methodologies and practicalities of using CPRA are known as CPRAfaction, pronounced SIP-rah-faction.

You may recall that in March, the Central City East Association settled the momentous lawsuit brought against it by the Los Angeles Community Action Network and LA Catholic Worker.1 This was mere months after beloved Los Angeles gadfly Eric Preven and the incomparable ACLU of Southern California won a momentous decision in the California Supreme Court, which ruled essentially that once a legal case was finished the legal privilege exemption to CPRA2 no longer applied. No coincidences around here! So I fired off an email to Estela Lopez as follows:

Good afternoon, Estela, and happy Palm Sunday.

And congratulations on settling that 2014 lawsuit, namely LACW et al. v. Downtown Industrial District BID et al. (2:14-cv-07344-PSG-AJW). I would like to look at copies of all bills from all lawyers who worked for the CCEA on this case.

For the sake of efficiency, and in case you’re not already aware aware of this, here’s a link to an LA Times story on the recent Supreme Court decision declaring that once a case is resolved the bills become public records:

http://www.latimes.com/local/lanow/la-me-ln-court-legal-bills-20161229-story.html

As you can imagine, there was a lot of back-and-forth, with her mostly refusing to hand over the legal bills, until this afternoon, when she did hand them over. The full story of that, with bunches of emails and also a reasonable amount of CPRA nerdview, can be found after the break if you’re interested.

But here are the actual bills to CCEA from their lawyers, Hill, Farrer, & Burrill. I spent a little time adding up the totals and their total legal bills, costs and fees, seem to have come to $89,782.54 over the last three years. Add this to the $25,000 they agreed to pay the plaintiffs in the settlement agreement and their whole bill comes to $114,782.54. This is over slightly less than three years, and the BID’s annual budget is roughly $2,000,000, so it’s relatively not that much.

According to Estela Lopez in 2015 there are more than 2000 homeless human beings living in the CCEA’s territory. Thus this lawsuit cost them a little more than $57 per potential harassment victim. I’m sure this seems cheap at the price. Anyway, that’s the substantive information. Turn the page for the story of how I got my hands on it!
Continue reading The LA CAN & Catholic Worker Lawsuit Has Cost The Central City East Association At Least $115,000 In Legal Fees And Costs (And How It Took Me Two Months Of Hardcore CPRAfaction To Discover This Fact)

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Huge News: LA Community Action Network Lawsuit Against Central City East Association and City Of LA Poised To Settle, CCEA Agrees To Specific, Extensive Restrictions On Homeless Property Confiscation, Will Pay $25,000 To LAFLA In Damages, Legal Fees, And Costs. City Of LA Settlement Expected To Go To City Council Soon, LAMC 56.11 Enforcement Likely To Be Severely Attenuated

News of a settlement in the momentous lawsuit brought by the Legal Aid Foundation of Los Angeles on behalf of the Los Angeles Community Action Network, the LA Catholic Worker, and a number of individuals over the confiscation of homeless people’s property by BID and by City, has been rumbling around PACER for about one year now. Well, yesterday evening, the first concrete details of the ongoing settlement process arrived. The parties filed a joint report indicating that concrete terms had been reached with both CCEA and the City of Los Angeles. The City of LA part still has to be approved by City Council, but according to the document, this is likely to happen within 45 days.

On the other hand, amazingly, the proposed agreement between the CCEA and the plaintiffs has actually been filed! It must still be approved by Judge Philip Gutierrez, but it strikes me as extraordinarily unlikely that it would not be. The agreement severely restricts the circumstances under which the BID can confiscate property. The terms of this part of the settlement make it seem very likely that the City will agree to severe restrictions in its enforcement of LAMC 56.11, the property confiscation ordinance, at least on Skid Row. CCEA will also pay LAFLA $25,000 for damages, fees, and costs. Turn the page for some details of what the CCEA has agreed to.
Continue reading Huge News: LA Community Action Network Lawsuit Against Central City East Association and City Of LA Poised To Settle, CCEA Agrees To Specific, Extensive Restrictions On Homeless Property Confiscation, Will Pay $25,000 To LAFLA In Damages, Legal Fees, And Costs. City Of LA Settlement Expected To Go To City Council Soon, LAMC 56.11 Enforcement Likely To Be Severely Attenuated

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Evidently a Settlement Has Been Finalized in LA Catholic Worker, LA CAN v. City of LA, Central City East Association

According to a document filed mere moments ago with the court, all parties to LA Catholic Worker and LA CAN v. City of LA, CCEA have agreed on a settlement. The terms of the settlement have not yet been announced, but they will be going to the LA City Council for approval “in the near future.” If you’re PDF-averse you can read salient selections after the break.
Continue reading Evidently a Settlement Has Been Finalized in LA Catholic Worker, LA CAN v. City of LA, Central City East Association

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Settlement Almost Finalized in LA Catholic Worker, LA CAN v. City of LA, Central City East Association

California-centralRecall that, towards the end of March of this year, the parties to this case began making noises about a potential settlement. This evening, all parties to the suit, begun in 2014, filed a Joint Progress Report on the Status of Potential Settlement. They evidently reached a tentative agreement on April 5, and, according to this status report:

The parties have been diligently working to draft the final terms and language of the settlement agreement and to obtain approval from all parties to finalize the agreement.

The parties remain confident that they will be able to reach final agreement on all matters and will be able to obtain approval from all parties to settle this matter in its entirety.

They promise to update the court on the status of this settlement on July 26, 2016.

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LA Catholic Worker et al. v. CCEA, City of L.A. et al. Trial Postponed Till October 4, 2016 Due to Discovery Delays

California-centralOver the last few days, but for some reason just hitting PACER today, the parties in the LA Catholic Worker and LA Community Action Network v. the Central City East Association and the City of LA filed a joint stipulation to continue the various scheduled dates in the case due to what’s turned out to be an incredibly grueling discovery process in the case. This is not the first time the trial date has been postponed for this reason. Here is the judge’s order granting the continuance until October 4, 2016.

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LACW/LACAN Lawsuit: Settlement Conference Scheduled for April 5, 2016; Hearing on Discovery-Related Contempt Continued Until May 4, 2016

California-centralAccording to an order that just hit PACER, the parties in the LA Catholic Worker and LA Community Action Network suit against the Central City East Association and the City of Los Angeles are meeting on April 5 to discuss settling the case. You may recall that a hearing on an application for contempt was already set for that date. According to Magistrate Judge Andrew J. Wisterich, who’s handling discovery matters in the case, and whose order postponed the hearing:

The court has been informed that a settlement conference has been scheduled for April 5, 2016, at 9:30 a.m. To allow the parties to devote their full attention to exploring the possibility of settlement, the hearing is continued to May 4, 2016, at 11:00 a.m.

That’s all we know!

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