Tag Archives: Sang Lee

Get To The Bay And Rouste [sic] Those Kooks! Newly Obtained Papayans Text Messages Prove Bay Boy Conspiracy To Deny Cory Spencer Access To The Water — Also, News From Thursday’s Hearing On Sanctions Against Charlie And Frank Ferrara And Sang Lee For, Among Other Things, Destroying Evidence

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.

I apologize for having neglected the Lunada Bay Boys case lately, but I’ve just been so overwhelmed with the Skid Row Neighborhood Council matter that I haven’t had time for much else. There have, however, been a number of interesting developments in this matter as well.

First of all, recall that the cell phone of Bay Boys defendant Michael Papayans was in LAPD custody after his notorious arrest for beating up a man in the parking lot of Dodger Stadium. Once the LAPD gets its hands on evidence it seems that they don’t give it up so very easily, and thus, in July, the Honorable Rozella Oliver, magistrate judge in the case, ordered them to hand it over for analysis. Well, they evidently did so, and, on October 9, a bunch of text messages from the phone were filed with the court. You must read these texts! It seems to me that they pretty much prove the plaintiffs’ case. Here are some highlights:

  • Yeah get down there I’ll be up as soon as I can my dad should be going out soon
  • Yea, only 5 guys out and he’s out, I’m going
  • I hate this guy
  • Are they in the water
  • He’s in the water. Only five guys out. Get down here boys. I’m out there
  • Kooks up there
  • Get him Charlie, just go shake his hand, tell him we missed him and can’t believe he didn’t make any of these latest headlines, he should be ashamed
  • Lol ok I’m on my way !
  • Michelle get to the bay and rouste [sic] those kooks
  • there are two kooks he’s got a little baldheaded white guy with them he looks like a boogie board or to fuck what a joke!
  • The kook is here at the bay right now
  • I don’t know how I get put on these threads but its hilarious :)


And the other news is that the hearing on sanctions against defendants Charlie and Frank Ferrara and Sang Lee for discovery shenanigans took place on Thursday as scheduled. What a wild ride!
Continue reading Get To The Bay And Rouste [sic] Those Kooks! Newly Obtained Papayans Text Messages Prove Bay Boy Conspiracy To Deny Cory Spencer Access To The Water — Also, News From Thursday’s Hearing On Sanctions Against Charlie And Frank Ferrara And Sang Lee For, Among Other Things, Destroying Evidence

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Lunada Bay Boys Magistrate Judge Rozella Oliver Schedules Telephonic Hearing To Determine How To Proceed On The Manifold Motions Regarding Discovery Disputes Sent Over By Judge Otero For September 5, Orders, To The Delight Of Everyone Who Has To Pay PACER Fees, That No Further Briefs Be Filed Unless Requested

For background take a look at this excellent article from the Times on this lawsuit.ames Also see here to download all pleadings in this case.

NOTE: Because I was asked, I thought I’d just announce that I’m sorry for the lack of cartoons. For the next week I’m forced to use a substandard computer. The cartoons will return on or about September 5 if all goes as planned.

Yesterday Judge James Otero bestowed sufficient authority upon Magistrate Judge Oliver to decide all the pending motions relating to discovery shenanigans on the parts of the various defendants, including the plaintiffs’ monumental motion for administrative relief. Well, Oliver is no slacker — today the Magistrate Judge issued an order scheduling a telephonic hearing on all the pending discovery matters for September 5. The purpose of this hearing, it seems, isn’t to decide the issues, but to agree on what further briefs and proceedings will be necessary to decide the issues. As always, there’s a transcript after the break.
Continue reading Lunada Bay Boys Magistrate Judge Rozella Oliver Schedules Telephonic Hearing To Determine How To Proceed On The Manifold Motions Regarding Discovery Disputes Sent Over By Judge Otero For September 5, Orders, To The Delight Of Everyone Who Has To Pay PACER Fees, That No Further Briefs Be Filed Unless Requested

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Lunada Bay Boys Judge Otero Kicks Plaintiffs’ Motions For Administrative Relief, Sanctions Against Charlie, Frank Ferrara, Sang Lee, Back To Magistrate Judge Oliver For Decision, Stays Decision On All Other Pending Motions, Continues Trial Date To December 12

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 this month the Lunada Bay Boys plaintiffs filed a motion for administrative sanctions asking Judge Otero to deny all the various and sundry motions for summary judgment filed by the defendants. The argument was that the astonishing level of discovery-related obstructionism displayed by the defendants, which has already resulted in some sanctions and will probably result in many more, makes it impossible for the plaintiffs reply effectively to the flurry of motions. Additionally, the plaintiffs filed other motions for discovery-related sanctions against alleged Bay Boys Charlie and Frank Ferrara and Sang Lee with Magistrate Judge Rozella Oliver, who subsequently ruled that the authority to rule rested solely with Otero.

On Friday Judge Otero ruled that the motion for administrative relief could be handled without a hearing, and yesterday he issued an order granting Magistrate Judge Oliver the authority to rule on that motion and also on the motion for sanctions against Charlie and Frank Ferrara and Sang Lee. He also postponed decisions on all other pending motions until Oliver decides on these two. Finally, he also moved the trial date to December 12 at 9 a.m. You can read a transcription of the whole order after the break.
Continue reading Lunada Bay Boys Judge Otero Kicks Plaintiffs’ Motions For Administrative Relief, Sanctions Against Charlie, Frank Ferrara, Sang Lee, Back To Magistrate Judge Oliver For Decision, Stays Decision On All Other Pending Motions, Continues Trial Date To December 12

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Lunada Bay Boys Judge Otero Announces That He Can Decide All Eleventy-Jillion Motions For Summary Judgment, Administrative Relief, Et Damn Cetera, Without Oral Arguments, Cancels September 5 Hearing

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.

Remember all those eleventy-jillion motions everyone in this “over-pled”1 behemoth of a case has filed over the last weeks? Like first every single defendant filed motions for summary judgment:

Then the plaintiffs filed a motion to dismiss all those motions because, they plausibly claimed, they were prevented from making an adequate response by the manifold discovery shenanigans perpetrated by the defense. Then all the defendants opposed that motion and of course the plaintiffs subsequently replied to that opposition. And arguments over every last jot and tittle of this stack of claims, counter-claims, cross-counter-claims, and so on and on and on, were scheduled to be heard on September 5.

Well, just this afternoon, Judge Otero announced that he will be deciding all of these motions, oppositions to these motions, replies to oppositions, etc., without oral argument. He therefore cancelled the hearing, and that, I suppose, is that. There’s no PDF associated with this kind of announcement, but you can read the whole thing after the break anyway.
Continue reading Lunada Bay Boys Judge Otero Announces That He Can Decide All Eleventy-Jillion Motions For Summary Judgment, Administrative Relief, Et Damn Cetera, Without Oral Arguments, Cancels September 5 Hearing

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Lunada Bay Boys Defendants Oppose Plaintiffs’ Motion For Administrative Relief With Another ‘Leventy-Dozen Pleadings Filed — Has Angelo Ferrara’s Lawyer Lost His Mind?

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.

Recall that about 10 days ago the Lunada Bay Boys plaintiffs filed a motion for administrative relief asking Judge Otero to deny the steaming heap of defense motions for summary judgment. Over the last few days the defendants have filed a ton of stuff in opposition to this motion and there are links to all of it after the break.

The most astonishing item, though, is Angelo Ferrara’s reply. There’s a complete transcription after the break, and it’s certainly worth reading. The words in the cartoon above are taken from this document, and here’s another sample: “If there were an Olympic sport of throwing spaghetti against a wall to see what would stick, Plaintiffs would take home the gold.” Not the least weird aspect of this document is that the lawyer refers to his client (Angelo) by his first name throughout.

Also worth taking a look at are:

  • More exhibits in support of Papayans’ motion — This has a list of the information that the plaintiffs hope(d) to get from Michael Papayans’ cell phone which, as you may recall, has been the subject of a long strange discovery trip of its own.
  • Stipulation to take nonexpert deposition of CPR — The time for depositions is done, but the defendants want to depose the Coastal Protection Rangers after the deadline, not sure why.
  • Blakeman reply brief“The case against Blakeman can be summed up in one sentence: On January 29, 2016, Blakeman allegedly surfed too close to Spencer, filmed Reed getting sprayed with drops of beer, and then, later that night, missed 61 calls from codefendant Sang Lee. There is no evidence linking Blakeman to any conspiracy without wild and unpermitted speculation.”
  • Jalian Johnston reply brief‘From the video of the incident: “fucking sexy baby…want to film it?”; “I seen you and I think I touched myself a little bit”; “I can do whatever I want.” As stated above, mere words cannot amount to an assault. This statement does not support the Plaintiff’s claim.’

Continue reading Lunada Bay Boys Defendants Oppose Plaintiffs’ Motion For Administrative Relief With Another ‘Leventy-Dozen Pleadings Filed — Has Angelo Ferrara’s Lawyer Lost His Mind?

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Lunada Bay Boys Plaintiffs Motion To Compel Sang Lee And Jeff Kepley To Get Busy And Cough Up The Damn Discovery Is Denied On Highly Technical Grounds By Magistrate Judge Rozella 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.

On Tuesday of this week, the Lunada Bay Boys Plaintiffs filed a motion asking magistrate judge Rozella Oliver to compel defendants Sang “Friend N A Pirate” Lee and Jeff “On Admin Leave” Kepley to get busy and comply with their discovery obligations. The very next day, Wednesday, August 9, Oliver issued an order denying the plaintiffs’ motions.1 As always, there’s a transcription of the order after the break. The reasons for denying the motions are pretty technical2 but seem to hinge on the principle that a decision on them is beyond the authority of the magistrate judge and the plaintiffs have to bring their motions to Judge Otero instead. Not much of a loss, then, it seems.
Continue reading Lunada Bay Boys Plaintiffs Motion To Compel Sang Lee And Jeff Kepley To Get Busy And Cough Up The Damn Discovery Is Denied On Highly Technical Grounds By Magistrate Judge Rozella Oliver

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Lunada Bay Boys Plaintiffs Ask Otero To Deny Defense Motions Due To Evasion Of Discovery Obligations Which Made It Impossible To Meaningfully Oppose, Also Lengthy Excerpts From Sang Lee’s Deposition! Also Transcript Of A Mindblowingly Weird Telephone Conference With Rozella Oliver About Why Ferraras Didn’t Comply With Discovery Obligations!

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.

This case is getting ultra-Byzantine, but if you’re following along, you may recall that the defendants have really not been complying with their discovery obligations. There’s a summary of some of the nonsense available. Also, all the defendants have filed motions for summary judgment, an outline of which and links to various stories on is also available. The Bay Boys based their motions for summary judgment on claims that the plaintiffs haven’t produced any actual evidence against them. At the time, plaintiffs’ lawyer Victor Otten warned them that their failure to comply would be grounds for moving to deny their motions.

And yesterday, that’s exactly what happened. Victor Otten filed this motion for administrative relief, claiming that the failure to comply with discovery has not only made it impossible to reply effectively to the motions for summary judgment, but in fact created the very grounds on which those motions rely:

Plaintiffs’ motion is made on the grounds that, due Defendants’ wrongful withholding of discovery—including withholding discovery that Magistrate Judge Oliver ordered them to produce—Plaintiffs have not had the opportunity to present the entirety of the factual record in opposition to Defendants’ motions. Indeed, Defendants’ basis for summary judgment is a purported lack of evidence; but to grant summary judgment at this stage would be to reward Defendants’ discovery misconduct.

The plaintiffs’ motion is based on Federal Rules of Civil Procedure 56(d), which states in part:

If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may … defer considering the motion or deny it …

A hearing on this motion is scheduled for September 5, 2017 in James Otero’s courtroom 10C in the First Street Federal Courthouse. The hearing on all the motions for summary judgment is scheduled for 10 a.m., and some of the paper filed yesterday gives 10 a.m. as the time for the motion to deny. One of the filings gives the time as 9 a.m. That’s probably wrong, but I don’t know for sure.

And there was a bunch of other good stuff filed as well. One of the two absolutely do-not-miss items are a transcript of a telephonic conference with magistrate judge Rozella Oliver concerning Charlie and Frank Ferrara’s failure to comply with discovery orders. This features defense attorney Tiffany Bacon and a bunch of deeply lame excuses for noncompliance. The judge seems dumbfounded that an actual professional lawyer would make these excuses out loud.

Plaintiffs’ lawyer Victor Otten also makes a plausible accusation that the defendants conspired to destroy evidence and an impassioned plea for sanctions against them. The other essential item is a set of lengthy excerpts from Sang Lee’s deposition including a bunch of really damning emails, some of which are quoted in the cartoon above. Turn the page for brief descriptions and links to a bunch of other items.
Continue reading Lunada Bay Boys Plaintiffs Ask Otero To Deny Defense Motions Due To Evasion Of Discovery Obligations Which Made It Impossible To Meaningfully Oppose, Also Lengthy Excerpts From Sang Lee’s Deposition! Also Transcript Of A Mindblowingly Weird Telephone Conference With Rozella Oliver About Why Ferraras Didn’t Comply With Discovery Obligations!

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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 Defendant Sang Lee Ordered To Produce Everything On His Damn Phone Except His Home Address, Emails From His Lawyer, And His Porn Collection, And To Do It By 2 P.M. Today

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 may recall that, a few days ago, the plaintiffs in the Lunada Bay Boys case filed a bunch of paperwork having to do with defendant Sang Lee’s uncooperative attitude towards his discovery obligations, leading to the Honorable Rozella Oliver, magistrate judge in the case, issuing a minute order telling Sang Lee to get moving and hand over the goods.

Well, they had another telephone conference about Sang Lee’s phone this morning, and Oliver, having inspected everything on the phone in secret, issued an order compelling Sang Lee to hand over everything on the phone except “sensitive personal photographs, Defendant Lee’s residential address, and communications between Defendant Lee and his attorneys.” (As always, there’s a transcription of the order after the break).1
Continue reading Lunada Bay Boys Defendant Sang Lee Ordered To Produce Everything On His Damn Phone Except His Home Address, Emails From His Lawyer, And His Porn Collection, And To Do It By 2 P.M. Today

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Lunada Bay Boys Defendant Sang Lee Files Motion To Dismiss All Counts Against Him Except Negligence Cause He Didn’t Do Nothing, Your Honor!

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 may recall that the other day, the plaintiffs in the Lunada Bay Boys case filed a bunch of paperwork having to do with defendant Sang Lee’s uncooperative attitude towards his discovery obligations, leading to the Honorable Rozella Oliver, magistrate judge in the case, issuing a minute order telling Sang Lee to get moving and hand over the goods.

Victor Otten’s most recent letter to Sang Lee’s attorneys noted that “… you have stated an intention to file a motion for summary judgement, this will be our last attempt to resolve this matter informally. Moreover, should you file a motion for summary judgement without providing adequate discovery responses, that will be a basis to oppose the motion.”

Well, today Sang Lee filed that very motion to dismiss, along with a bunch of supporting exhibits. His main argument seems to be that all of the plaintiffs have admitted that he personally didn’t do anything to them, so how can he be guilty of intimidating them away from the beach?

Of course, with respect to the allegation of conspiracy, and especially given that, according to Victor Otten, Sang Lee has withheld all the essential evidence, the fact, and it does seem to be a fact, that Sang Lee didn’t intimidate anyone in person seems pretty irrelevant. The plaintiffs’ theory seems to be that he coordinated via cell phone with the actual intimidaters, which certainly sounds like conspiracy to me. Well, as Victor Otten said on July 4, “…should you file a motion for summary judgement without providing adequate discovery responses, that will be a basis to oppose the motion.”

Don’t forget, the hearing on this motion and the parallel motion by Jeff Kepley and the City of PVE is scheduled for August 21, 2017, at 10:00 a.m in James Otero’s courtroom 10C in the First Street Federal Courthouse. Maybe I’ll see you there! Meanwhile, turn the page for links to all the new pleadings.
Continue reading Lunada Bay Boys Defendant Sang Lee Files Motion To Dismiss All Counts Against Him Except Negligence Cause He Didn’t Do Nothing, Your Honor!

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