Tag Archives: National Lawyers Guild

Tentative Settlement Reached In Street Vending Lawsuit Against Fashion District BID And City Of Los Angeles

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.

The monumental lawsuit against the City of Los Angeles and the Fashion District BID for their abominable treatment of street vendors was set for trial in January. However, papers filed with the court yesterday announce that the plaintiffs have reached a settlement with the City and as soon as it’s approved, a process which can take many months for it to work its way through Committees and Council, they will drop the case against both the City and the BID. Hence they asked Judge Beverly Reid O’Connell to put the calendar on hold until the settlement is approved.

Today Virginia Phillips, Chief Judge of the local federal district, issued an order vacating the schedule in anticipation of this settlement. You can read the joint notice of pending settlement that inspired the order, and, as always, there’s a transcript of both documents after the break.
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Order Filed This Morning Certifies Chua V. City Of Los Angeles, Federal Civil Rights Case Arising Out Of 2014 Michael Brown Protests, As A Class Action With Some Minor Exceptions

California-centralSee this article from the LA Times and our previous posts on the subject for the background to this post. All of the filings can be found here.

Last July the plaintiffs in this monumental federal civil rights suit against the City of Los Angeles for the reprehensible behavior of the LAPD in 2014 with respect to protests arising out of the Michael Brown killing filed a motion to have the suit certified as a class action. In November, Judge Kronstadt announced that he was pretty much inclined to certify it but that he wanted to see some supplemental briefs. So that happened, and this morning he filed filed a comprehensive order certifying the case as a class action with only a couple of minor1 exceptions. He also granted the plaintiffs leave to amend their complaint in response to his order. Turn the page for links to a few other items that have been filed in the last few days.
Continue reading Order Filed This Morning Certifies Chua V. City Of Los Angeles, Federal Civil Rights Case Arising Out Of 2014 Michael Brown Protests, As A Class Action With Some Minor Exceptions

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Street Vending Lawsuit Trial Date Set For January 30, 2018, Fashion District BID Finally Sets Out Preliminary Position On Allegations

This kind of thing really has to stop soon.  This man was arrested and handcuffed in Hollywood and his ice cream set out to melt by the Andrews International BID Patrol, but the LAPD does the same and worse, as mostly likely does the Fashion District BID's rent-a-cops.
This kind of thing really has to stop soon. This man was arrested and handcuffed in Hollywood and his ice cream set out to melt by the Andrews International BID Patrol, but the LAPD does the same and worse, as mostly likely does the Fashion District BID’s rent-a-cops.

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.

A number of new documents have been filed in the National Lawyers’ Guild’s suit against the City of Los Angeles and the Fashion District business improvement district for their disgraceful treatment of street vendors. Here’s a list, followed by my usual uninformed commentary:

  • Joint Rule 26(f) report — This is a surprisingly interesting document. It’s evidently required by Federal Rule of Civil Procedure 26(f), which regulates pretrial discovery agreements. For our purposes, though, it also seems to require that all the parties lay out their views of the case. This is especially interesting with respect to the Fashion District, which, even though it did answer the complaint, did so in a completely vacuous manner. There’s some substance here, and I discuss it after the break.
  • Court Order re: Scheduling Conference — Here Judge O’Connell cancels a settlement conference that was to be held Monday, orders that the parties complete the dispute resolution process by December 4, 2017, and file a joint report on it within 7 days of its conclusion.
  • Court Order re: Alternative Dispute Resolution — This order declares that the Alternative Dispute Resolution will be handled by the Magistrate Judge assigned to the case.
  • Order for Civil Jury Trial With relevant dates — This is an order for a trial, to take place on January 30, 2018, and other relevant dates.

Continue reading Street Vending Lawsuit Trial Date Set For January 30, 2018, Fashion District BID Finally Sets Out Preliminary Position On Allegations

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Judge Kronstadt Tentatively Inclined To Grant Class Certification In Chua V. City of LA But Has Some Concerns. National Lawyers Guild Responds With Supplemental Brief As Ordered. NLG Is Willing To Talk But City of LA Uninterested In Settling At This Time.

Carol Sobel,  plaintiffs' attorney in Chua v. City of Los Angeles
Carol Sobel, plaintiffs’ attorney in Chua v. City of Los Angeles
In July of this year the plaintiffs in Chua v. City of Los Angeles, based on LAPD misconduct during 2014 protests concerning Michael Brown, filed a motion for certification as a class action suit. The City of Los Angeles did not oppose the motion. But, of course, even if the parties to a suit agree, these things are still up to the Judge. A hearing on the motion was held on November 7, and Judge Kronstadt stated his “tentative views that [he] is inclined to grant in part Plaintiffs’ Motion for Class Certification. However, evidently he still had some questions about his decision, because he instructed the plaintiffs to supplement their motion for class certification with some additional briefs, which were due and filed last Monday, the 14th of November. They are linked to directly below, and you can find some quotations and uninformed discussion after the break.

Interestingly, those minutes also note that the City isn’t presently interested in settling matters:

The Court confers with counsel regarding settlement. Plaintiffs are open to participating in a settlement conference now while defense counsel believes it is premature at this time.

Continue reading Judge Kronstadt Tentatively Inclined To Grant Class Certification In Chua V. City of LA But Has Some Concerns. National Lawyers Guild Responds With Supplemental Brief As Ordered. NLG Is Willing To Talk But City of LA Uninterested In Settling At This Time.

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Central Avenue Historic BID May Provide Insight Into The Process By Which BIDs Evolved From Whatever They Were Originally Conceived To Be Into Weaponized Shock Troops Of The Zillionaire Real-Estate Power Elite

Sherri Franklin of the Urban Design Center, consultant to the Central Avenue Historic BID, speaks at the November 2, 2016 meeting of the Board of Directors.
Sherri Franklin of the Urban Design Center, consultant to the Central Avenue Historic BID, speaks at the November 2, 2016 meeting of the Board of Directors. I apologize for the crappy image quality. I didn’t plan to film.
After I spent some time looking into the Central Avenue Historic BID in the context of potential political goals for the post-approval Venice Beach BID, I thought it would be interesting to learn more about this newborn BID.1 The meetings are held at CD9’s district office at 4301 S. Central,2 so on a very pleasant evening last Thursday, I took the 210 out of Hollywood to MLK and Crenshaw, where I boarded the 705 to Central and Vernon from whence a couple blocks North on Central to watch the Board of Directors conduct their business.3 The meeting was scheduled to start at 5:30, but that evidently included some preliminaries, because when I got there at about 10 to 64 they hadn’t started yet.

Anyway, take a look at the agenda. You can see that they’re talking about the kind of things that one would expect BIDs to talk about from, e.g., reading the Wikipedia page on BIDs,5 like branding and marketing, cleaning the streets, having Halloween events, and so on. And watch this short clip of the meeting.6 That’s Sherri Franklin of the Urban Design Center, the BID consultant, who also seems to be functioning as executive director, talking about some kind of partnership the BID’s working on with Hollywood Community Housing Corporation involving affordable housing at the corner of Central and Jefferson.7

Allan Muhammad, security director for the Central Avenue Historic District BID.
Allan Muhammad, security director for the Central Avenue Historic District BID.
And then you can watch here as BID security director Allan Muhammad introduces his employees, and then they proceed to hand out sample Halloween bags to everyone in the room. They didn’t once discuss custodial arrests, handcuffs, social engineering, mass relocations, self-aggrandizing 5150 holds, or any of the other hard-edged tactics of which the City’s older and ever so much more dangerous BIDs are so enamored. And even though I only got 15 minutes on tape of the 90 minutes I was there8 they didn’t really have anything objectionable to say even during the parts of the meeting I didn’t record. They talked about parking, they talked about their phone bills, they talked about how it was hard for the BID to patronize local businesses because they mostly only accepted cash.9

Could this be what a BID looks like as BIDs were intended to look? Well, the very question is based on a false assumption. And there were foreshadowings of bad news to come. And on the way home, and for the last few days, it’s got me thinking about what BIDs were meant to be,10how BIDs11 evolve under selective pressure, and how it’s probably inevitable that this BID is going to end up like the worst of the Downtown BIDs, the worst of the Hollywood BIDs. The short version is that BIDs probably started out as helpful tools, but as a wise woman once said, “every tool is a weapon if you hold it right.” So turn the page if you’re still interested…
Continue reading Central Avenue Historic BID May Provide Insight Into The Process By Which BIDs Evolved From Whatever They Were Originally Conceived To Be Into Weaponized Shock Troops Of The Zillionaire Real-Estate Power Elite

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Stop LAPD Spying CPRA Case Trial Setting Conference Continued Until April 7, 2016

slsc.logoPlaintiff Stop LAPD Spying Coalition and respondent City of Los Angeles agreed in a stipulation filed with LA County Superior Court on March 3, 2016, to continue the trial setting conference, originally scheduled for March 7, 2016, until April 7, 2016. The reasons given in the order (with attendant whereases) include:

WHEREAS, after filing of the complaint, the Respondent has produced two sets of responsive documents to Petitioners and continues to search for responsive documents;

WHEREAS, the parties are engaged in ongoing informal discussions about further production…

It’s my impression that if filing a suit encourages the respondent to cough up the goodies then they’re still on the hook for the court costs and attorney’s fees. So it’s fitting and proper that the City is producing documents and talking to the plaintiffs, but they would have saved everyone a lot of time and trouble but just following the law in the first place.

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City of Los Angeles Files Answer to Stop LAPD Spying Coalition Public Records Act Petition: Admits Guilt, Expects Reward

Los Angeles Deputy City Attorney Julie Raffish.
Why is the City of LA fighting this lawsuit? What a freaking waste of time and money. On January 26, 2016, the City of Los Angeles filed its answer to the petition filed by Colleen Flynn and Carol Sobel on behalf of the Stop LAPD Spying Coalition and the National Lawyers Guild Los Angeles seeking a writ of mandate ordering the LAPD to stop messing about and turn over the goddamned goodies. (You can find a collection of filings from this suit here). Paragraphs 1 through 9 of the initial complaint are background, and Julie Raffish, who wrote the answer, gets to indulge her evident taste for dark sarcasm in her responses, e.g. at paragraph 4 denying that the NLG is a non-profit legal association.

She also displays a wry, deadpan humor. For instance, in paragraph 3 the plaintiffs assert that the Coalition to Stop LAPD Spying “empowers its members to work collectively against police repression and to dismantle domestic spying operations” and that therefore the Coalition has an interest in the LAPD’s adhering to the Public Records Act. Julie Raffish has the City admitting that the Coalition is interested, but claiming that, as to the rest of the allegations they “lack sufficient information and knowledge to form a belief as to the truth…” of, I guess, whether there are “police repression” and “domestic spying operations” to be dismantled and worked collectively against. Dry as a bone, is Julie Raffish, and isn’t lawyerly humor fun! But the public records stuff is where it gets really interesting:
Continue reading City of Los Angeles Files Answer to Stop LAPD Spying Coalition Public Records Act Petition: Admits Guilt, Expects Reward

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Stop LAPD Spying Public Records Lawsuit Switched to Judge James C. Chalfant, Hearing Continued to March 8, 2016

The Rampart LAPD Station.  Why?  Don't know.
The Rampart LAPD Station. Why? Don’t know.
The City of Los Angeles, which is being sued by the National Lawyers Guild Los Angeles and the Stop LAPD Spying Coalition because of its flouting of the California Public Records Act, filed a motion a couple weeks ago asking that the judge be changed. Last Thursday this motion, which was peremptory, was granted, and here is the order. It’s now in Judge James C. Chalfant’s courtroom, Stanley Mosk Courthouse, Department 85, and the initial hearing has been set for Tuesday, March 8, at 1:30 PM.
Continue reading Stop LAPD Spying Public Records Lawsuit Switched to Judge James C. Chalfant, Hearing Continued to March 8, 2016

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Video of Yesterday’s Central City East Association Meeting Now Available

Edward Camarillo at the January 26, 2016 meeting of the CCEA at 725 S. Crocker Street.
Edward Camarillo at the January 26, 2016 meeting of the CCEA at 725 S. Crocker Street.
I’m formally initiating coverage of the Central City East Association with some video of yesterday’s meeting of the Board of Directors at CCEA headquarters at 725 S. Crocker Street. You can find Part 1 and also Part 2. Note that the record is not complete because the Board went into closed session and I couldn’t stick around to see them reconvene. Part I consists entirely of CD14 representative Jose Huizar policy director Martin Schlageter talking about homeless issues in the BID’s territory and then, most interesting of all, taking questions from the Board members. The level of micromanagement is astonishing. We hope to write on some of the details later, but check some representative Q&A after the break. Part 2 is mostly taken up by a representative from the Runyon Group seeking CCEA support for entitlements for their ROW DTLA project (this project was formerly known as Alameda Square). Someone here will be writing on this soon in some detail.
Continue reading Video of Yesterday’s Central City East Association Meeting Now Available

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City of Los Angeles Files Boilerplate Motion in Stop LAPD Spying CPRA Case Stating that Judge Joanne O’Donnell is too Prejudiced to Officiate

Los Angeles County Superior Court Judge Joanne O'Donnell.
Los Angeles County Superior Court Judge Joanne O’Donnell.
There’s a (relatively) new development in the Stop LAPD Spying v. City of L.A. Public Records Act case. Unfortunately the L.A. County Superior Court doesn’t seem to have an automated filing notification system like the Federal District Courts do, which is why I missed (until now) this interesting motion that the City of L.A. filed on January 12, 2016. It is a Motion for an Order Establishing Peremptory Challenge to Judicial Officer as well as a Declaration of Julie Raffish. Julie Raffish is the Deputy City Attorney that’s defending the case for L.A. In this declaration she claims that:

Joanne O’Donnell, the judge before whom the trial or hearing in this action is pending or to whom it has been assigned, is prejudiced against the Respondent
[City of Los Angeles] or its attorney or the interest of the Respondent or its attorney, so that the declarant [Julie Raffish] believes that she cannot have a fair and impartial trial or hearing before the judge.

Now, this is obviously a boilerplate motion, and, at least as of today, the first three hits on a Google search on los angeles superior court peremptory challenge to judicial officer are forms for this, using the identical language to the motion filed by Julie Raffish. But there’s more!
Continue reading City of Los Angeles Files Boilerplate Motion in Stop LAPD Spying CPRA Case Stating that Judge Joanne O’Donnell is too Prejudiced to Officiate

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