Tag Archives: Diana Reed

Lunada Bay Boys Plaintiffs File Motions To Compel Defendants Sang Lee And Jeff Kepley To Produce Records, Allege Malicious Destruction Of Evidence, Ask For Sanctions And Attorneys’ Fees! Hearing Set For September 6

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.

A constant theme in the Lunada Bay Boys zillionaire surf thuggery case has been the glacially like-teeth-pulling pace at which the Bay Boys1 have complied with their discovery obligations. The parties have had innumerable telephonic hearings with the Honorable Rozella Oliver, magistrate judge in the case, who has had order meet-and-confers, and order the parties to submit briefs on their attempts to get through discovery, and issue orders, and issue even more orders.

Well today, at least with respect to defendants Sang Lee and Jeff Kepley, matters have evidently reached the point that the plaintiffs have filed motions to compel production of discovery materials and they’re also asking for fees and costs. Here are copies of the two motions along with associated so-called proposed joint statements, which are actually more interesting, containing as they do the facts behind the motions:

The issues, in short, are as follows. With respect to Sang Lee, he improperly withheld text messages, produced an unintelligible privilege log, lied about what he redacted, and so on. With respect to Jeff Kepley, he produced the wrong stuff, produced it in the form of unsearchable image files,2 made improper arguments for not producing stuff, and, crucially, never produced the phone records of various PVE cops who are alleged to be asshole buddies with the Bay Boys.

A hearing on these motions is scheduled for Wednesday, September 6 at 10:00 a.m. in Judge Rozella Oliver’s courtroom F on the 9th floor of the Spring Street federal courthouse at 312 N. Spring Street. Also, a bunch of fairly interesting supplementary material was filed in support of the motions, and you can find links and brief descriptions after the break.
Continue reading Lunada Bay Boys Plaintiffs File Motions To Compel Defendants Sang Lee And Jeff Kepley To Produce Records, Allege Malicious Destruction Of Evidence, Ask For Sanctions And Attorneys’ Fees! Hearing Set For September 6

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Lunada Bay Boys Plaintiffs Oppose City Defendants Motion For Summary Judgement By Filing More Than 50 Documents Including A Bunch Of Deposition Excerpts And Jalian Johnston’s Freaking 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.

So a couple weeks ago defendants the City of PVE and its seemingly erstwhile chief of police Jeff Kepley (collectively known as “the City defendants”) filed a motion asking the court for summary judgment. This was the first of a long line of such motions filed by all the other defendants. And this afternoon the plaintiffs responded to the City defendants’ motion with over fifty documents.

There’s no way I can describe all of these individually, and I even had to write a script to generate links for all of them, which you can find after the break. The links are functional but not pretty, and you can find them with highly selected brief descriptions after the break.

The documents include tons of fascinating deposition excerpts from many of the defendants along with, finally, Jalian Johnston’s freaking text messages, which are about as stupid as one would expect. There’s also a transcript of part of the infamous Brant Blakeman video. This is essentially Aladdin’s cave, and I’m sorry I can’t provide more detail, but read, read, read, and enjoy!
Continue reading Lunada Bay Boys Plaintiffs Oppose City Defendants Motion For Summary Judgement By Filing More Than 50 Documents Including A Bunch Of Deposition Excerpts And Jalian Johnston’s Freaking Text Messages!

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Lunada Bay Boys Defendants Angelo Ferrara, Jalian Johnston, and Brant Blakeman File Motions For Summary Judgment, Blakeman Makes Highly Rapey Argument That Johnston Couldn’t Have Assaulted Diana Reed By Spraying Beer On Her Cause She Was Smiling The Whole Time, Plaintiffs Ask For Extra Time To Respond To Barrage Of Motions

Jalian Johnston spraying beer on Diana Reed next to the Lunada Bay Boys fort. Brant Blakeman: They taught me at the Palos Verdes School Of Bro-fessional Surf Thuggery that smiles equal consent…”
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.

Earlier today I wrote about a bunch of filings in the Lunada Bay Boys case, but clearly I wrote too soon. Quite soon after I published that post, a bunch more paper hit PACER. This includes motions for summary judgment from defendants Angelo Ferrara, Jalian Johnston, and Brant Blakeman. There’s also a request from the plaintiffs for a time extension to respond to all these zillions of defense motions for summary judgment. A major argument therein is, as promised, the fact that Jalian Johnston won’t be deposed until July 28 and the unextended deadline for the plaintiffs to respond is July 31.

If there’s an award for rapiest pleading filed in federal court, Blakeman’s motion is gonna be a strong contender. He actually claims that even though Jalian Johnston did spray beer on Diana Reed, she was smiling the whole time so it can’t be assault:

Plaintiffs’ case against moving party Brant Blakeman consist solely of Spencer’s claim that Blakeman surfed too close to him on one occasion at Lunada Bay and Reed’s claim that Blakeman videotaped her at the patio structure at the Bay when defendant Alan Johnston opened a can of beer that sprayed some drops on her arm.

These factual claims fall far short of establishing a violation of the Bane Act by Blakeman, which requires violent acts, physical threats, coercion, or intimidation resulting in fear of injury or harm and, thereby, prevents them from exercising a constitutional right. With respect to the incident in which Blakeman did nothing more than videotape Reed, who, by the way, was photographing Blakeman and others with her own camera and invited a photographer from the LA Times, Reed can be seen throughout the video smiling, smirking, and in no apparent distress. Indeed, she spent over 60 minutes at the bay and made no attempt to leave the patio structure

Anyway, turn the page for links to the new filings. I’m super-busy with another project, to be announced soonest,1 so no time for more than that. Also, don’t forget that the hearing for all of these defense motions for summary judgment is scheduled for August 21, 2017, at 10:00 a.m in James Otero’s courtroom 10C in the First Street Federal Courthouse.
Continue reading Lunada Bay Boys Defendants Angelo Ferrara, Jalian Johnston, and Brant Blakeman File Motions For Summary Judgment, Blakeman Makes Highly Rapey Argument That Johnston Couldn’t Have Assaulted Diana Reed By Spraying Beer On Her Cause She Was Smiling The Whole Time, Plaintiffs Ask For Extra Time To Respond To Barrage Of Motions

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Lunada Bay Boys Parties Jointly Ask Judge Otero To Dismiss Suit Against Anonymous Minor Defendant NF, Michael Papayans Files Motion For Summary Judgment

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.

A bunch of paper was filed this afternoon in the Lunada Bay Boys surf localism case, including a hitherto unanticipated1 joint stipulation to dismiss the case against the anonymous minor defendant NF. There’s a transcription of this PDF after the break along with a link to the proposed order that the parties submitted with it.

Also, following along with his putative partners in horridity, Lunada Bay beatdown artist Michael Papayans filed a motion for summary judgment on the basis of the fact that the named plaintiffs, Cory Spencer and Diana Reed, said in their depositions that he didn’t personally beat up either one of them. As always, this motion comes with a bunch of supporting exhibits, mainly excerpts from the plaintiffs’ depositions. There are links and some brief commentary after the break.

Oh, also! There’s yet another telephonic hearing before the magistrate judge scheduled for tomorrow morning, so we can expect yet another minute order telling everyone to cut out the damn nonsense!
Continue reading Lunada Bay Boys Parties Jointly Ask Judge Otero To Dismiss Suit Against Anonymous Minor Defendant NF, Michael Papayans Files Motion For Summary Judgment

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City Of PVE Argues That They Put Many Cops On Anti-Bay-Boy Patrol, Tying Up Resources And Allowing Criminals From South Central LA To Commence Unprecedented “Burglary Spree” — Residents Complained But Kepley Kept Cops On Bay Anyway, Which Is How Seriously He Took It. Therefore, Your Honor, Please Dismiss The Damn Case! Also 9th Circuit Won’t Hear Interlocutory Appeal On Class Action Certification

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.

Today the City of Palos Verdes Estates and its police chief, Jeff Kepley who, along with the Lunada Bay Boys themselves, are defendants in the monumental anti-localism case brought by Cory Spencer and his co-plaintiffs, filed a massive slew of papers with the court. The main item is this motion for summary judgment, asking the judge to obliterate the case against PVE and Kepley.

The rest of the paper filed consists of various exhibits and proposed orders in support of this motion, and is extremely interesting as it contains huge selections from the depositions of Cory Spencer and Diana Reed. There are links to all the new stuff after the break along with brief descriptions. There is presently a hearing on this motion scheduled for August 21, 2017, at 10:00 a.m in James Otero’s courtroom 10C in the First Street Federal Courthouse.

The merits of the motion are beyond my amateurish capacity to discuss, although they make interesting reading if you’re so inclined. The main argument seems to be that the plaintiffs didn’t really suffer any harm, and the City didn’t have a duty to do anything more than what they did to protect them. Also, the following freakish little argument did catch my eye. My general feeling is that the appearance of “gang-affiliated criminal groups from south Los Angeles” in government-generated discourse is irrefutable evidence that they’re lying. But judge for yourself:

A number of the above-described events (as well as Plaintiff Spencer and Reed’s alleged incidents discussed under the factual background above) took place during a time the City was experiencing a substantial increase in residential burglaries by organized gangs or gang-affiliated criminal group from south Los Angeles. It is typical for the City to have zero to three burglaries per month, but in December 2015 the City experienced 20 to 25 burglaries. In fact, a number of residents complained about the amount of law enforcement resources allocated toward patrolling Lunada Bay, as well as the tough stance Chief Kepley took against local surfers harassing or intimidating other surfers. Nonetheless, the City directed law enforcement resources to ensuring access to Lunada Bay and preventing harassment. Chief Kepley opined that given so few incidents at Lunada Bay and the burglary spree in the City that the Police Department efforts were appropriate and reasonable in scope and size.

Also, you may recall that in March the plaintiffs asked the Ninth Circuit Court of Appeals for permission to file a motion asking them to overturn Judge Otero’s decision to deny certification as a class action. I didn’t hear about it at the time, but one of the exhibits filed today is the Ninth Circuit’s denial of the request for permission to appeal. Anyway, turn the page for links to and brief descriptions of all the new paper filed today.
Continue reading City Of PVE Argues That They Put Many Cops On Anti-Bay-Boy Patrol, Tying Up Resources And Allowing Criminals From South Central LA To Commence Unprecedented “Burglary Spree” — Residents Complained But Kepley Kept Cops On Bay Anyway, Which Is How Seriously He Took It. Therefore, Your Honor, Please Dismiss The Damn Case! Also 9th Circuit Won’t Hear Interlocutory Appeal On Class Action Certification

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Plaintiffs: Your Honor, We Respectfully Request That You Pay No Mind To Brant Blakeman’s Request For Judicial Notice Because It Is Late, It Is Irrelevant, It Is Not On Point, It Constitutes Unprofessional Subterfuge, And It Is Stinking Amateurish Bullshit Of The First Water

For background take a look at this excellent article from the Times on this lawsuit.

Oh dear, friends, more drama swirls around the Lunada Bay Boys case.1 You may recall that, the other day, defendant Brant Blakeman asked the Judge to take judicial notice of the fact that proposed class representative Diana Reed had a default judgement against her in L.A. County Superior Court for a bunch of torts including one or more flavors of fraud and that that fact made her somehow unsuitable to represent the class of plaintiffs in this case. Tonight the plaintiffs’ response hit PACER, facetiously but accurately summarized in the headline, along with some other stuff, and I have copies for you along with descriptions, find it all after the break.
Continue reading Plaintiffs: Your Honor, We Respectfully Request That You Pay No Mind To Brant Blakeman’s Request For Judicial Notice Because It Is Late, It Is Irrelevant, It Is Not On Point, It Constitutes Unprofessional Subterfuge, And It Is Stinking Amateurish Bullshit Of The First Water

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Lunada Bay Boys Defendant Brant Blakeman Raises Questions About Proposed Class Representative Diana Reed’s “credibility and interest in litigating the case” On Basis Of Default Judgment Against Her For Fraud Involving, Inter Alia, Aerosmith Concert in Mexico City

If you want to know what Aerosmith has to do with anything you have to read the blog post!
Oh dear. Hitting PACER just now is Defendant Brant Blakeman’s Request for Judicial Notice in Support of Defendants’ Opposition to Plaintiffs’ Motion for Class Certification. It seems that plaintiff Diana Reed was sued in LA County Superior Court for breach of contract, fraud, negligent misrepresentation, and a few other such torts, arising out of a music promotion business run by Reed and her husband Gabe. Blakeman is arguing that these allegations, along with the fact that Reed didn’t defend the suit, make her unfit to represent the class of people harmed in the Lunada Bay Boys case.

According to the complaint in the fraud suit,1 the Reeds accepted tens of thousands of dollars from the business manager of some band in exchange for the band being allowed to open for an Aerosmith concert in Mexico City and to go on some rock tour that the Reeds were promoting. None of this ever happened, the band didn’t get its money back, they sued, the Reeds didn’t defend the case, and the court entered a default judgment for more than $440,000.

Bay Boys defendant Blakeman is asking the court to take judicial notice of the complaint and the default judgment against Reed as part of his argument that she’s not moral enough to represent the class of people harmed by the actions of the Bay Boys. The reasoning runs like this:2
Continue reading Lunada Bay Boys Defendant Brant Blakeman Raises Questions About Proposed Class Representative Diana Reed’s “credibility and interest in litigating the case” On Basis Of Default Judgment Against Her For Fraud Involving, Inter Alia, Aerosmith Concert in Mexico City

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