Tag Archives: Stanley Mosk Courthouse

First Amendment Coalition Files Ex Parte Application For Leave To Intervene In Los Angeles Police Protective League Anti-SB1421 Case — Joined By The L.A. Times, The California Newspaper Publishers’ Association, And Many Other Esteemed Journalistic Groups — Hearing On This Application Tomorrow Morning At 8:30 A.M. In Dept. 85 Stanley Mosk Courthouse

Today the First Amendment Coalition and a bunch of newspapers and newspaper-adjacent organizations filed an ex parte application for leave to intervene in the appalling case initiated by the Los Angeles Police Protective League seeking to prevent California’s new police transparency law, SB1421, from applying retroactively to records of police misconduct prior to 2019. This same crapola was already tried elsewhere and decisively shot down by the California Supreme Court, but, for whatever reason, in Los Angeles County the case must go on.

FAC is seeking to intervene in the case, even though they’re not parties to it. This is evidently sometimes allowed, according to the Wiki, when “a judgment in a particular case may affect the rights of nonparties, who ideally should have the right to be heard.” Here’s the pleading filed by the FAC. It’s called an ex parte application because they’re asking the judge to decide whether they should be allowed into the case without requiring the other parties to be present at the hearing, which is tomorrow morning at 8:30 a.m. in Department 85 of the Stanley Mosk Courthouse.

Because they aren’t parties to the case, they have to convince the judge that the interests of justice are served by allowing them to become parties. This argument is a huge part of their filing. They also argue that neither of the actual parties to the case, the PPL and the City, have any interest in ensuring that the public has access to records. In fact, they argue, it’s possible that the City may not file a response to the petition. Also, I guess to save time, they include the briefing that they’re proposing to file if the judge allows them to. It’s a powerful piece of writing, and you can find transcribed selections after the break.
Continue reading First Amendment Coalition Files Ex Parte Application For Leave To Intervene In Los Angeles Police Protective League Anti-SB1421 Case — Joined By The L.A. Times, The California Newspaper Publishers’ Association, And Many Other Esteemed Journalistic Groups — Hearing On This Application Tomorrow Morning At 8:30 A.M. In Dept. 85 Stanley Mosk Courthouse

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On December 31, 2018 The Los Angeles Police Protective League Asked For And Obtained A Court Order Preventing LAPD From Applying SB1421 Retroactively — Thus While The Rest Of The State Has Access To Records Of Police Misconduct Los Angeles Is Left In The Dark — At Least Until The Scheduled February 5, 2019 Hearing — City Of LA Opposition Is Due By January 22 — I Have Copies Of The LAPPL Petition — And Craig Freaking Lally’s Declaration In Support — And All Other Pleadings!

If you’re reading this blog you’re very likely aware that on January 1, 2019 the monumental SB1421 took effect, basically ending exemptions which, until now, have prevented the release of records documenting even the most extreme cases of police misconduct. Police agencies all over the state are freaking out about this, and some even asked the California Supreme Court to declare that the law didn’t reply retroactively. The justices shot down that malarkey last week, and then upped the stakes by asking to be briefed on whether the new law required the release of even more material than had been anticipated.

And thus police departments are beginning to release these records. For instance, there’s this case of an officer in Burlingame who’d been fired for offering to help a drunk driver with her charge in exchange for sex. And this newly released information evidently has the San Mateo County D.A. reconsidering his earlier decision not to criminally charge the officer. Which is how this law is supposed to work. And it seems that that’s how it is working.

Except, it turns out, in the City of Los Angeles. It doesn’t seem to have been widely reported on,1 but it seems that here, the Los Angeles Police Protective League filed an emergency petition on December 31, 2018, asking the Superior Court to stop the LAPD from applying SB1421 retroactively. And shockingly, astoundingly, appallingly, the court agreed and issued an order to that very effect, which is in effect at least until the scheduled hearing on February 5, 2019.2

The LAPPL’s whole argument seems to be that officers have made crucial career decisions relying on the privacy of the records, and that therefore it would be manifestly unfair to publish them now. For instance, according to Craig Lally in a sworn declaration, police officers often agree not to appeal findings of misconduct even though they think they’re innocent just to get things settled quickly and not disrupt operations. But, says Lally, they would never have done this had they known that the records would be published at some point.3

And apparently there’s really nothing to be done about this until the hearing. We are just not going to get these records right away. Oh, except it’s possible to read all the pleadings filed in the case. The City of Los Angeles hasn’t yet responded, but I obtained copies of everything that there is so far and published it here on Archive.Org. It’s upsetting, but it’s better to know. Turn the page for a linked list of everything and a transcription of selections from Lally’s declaration.
Continue reading On December 31, 2018 The Los Angeles Police Protective League Asked For And Obtained A Court Order Preventing LAPD From Applying SB1421 Retroactively — Thus While The Rest Of The State Has Access To Records Of Police Misconduct Los Angeles Is Left In The Dark — At Least Until The Scheduled February 5, 2019 Hearing — City Of LA Opposition Is Due By January 22 — I Have Copies Of The LAPPL Petition — And Craig Freaking Lally’s Declaration In Support — And All Other Pleadings!

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Pyschopathic Rageball George Yu Was Nowhere To Be Seen — Neither Was Anyone Else From The Damn BID — Chinatown BID Completely Skips Yesterday’s Court Hearing — What Are They Thinking? — These Things Don’t Just Go Away On Their Own — Don’t Grownups Know That?

So you might recall that in August Katherine McNenny and I were forced by the unhinged intransigence of psychopathic rageball George Yu of the Chinatown BID to file a writ petition asking that the court compel him and his thuggish little weirdo henchies in the BID to obey the freaking law and hand over the records we asked for. And then you might recall that in September he and his damnable minions failed to even answer the petition.

Well, yesterday was the trial setting conference, way up north in the Stanley Mosk courthouse, in good old Department 86.1 And the Chinatown BID didn’t change up its strategy at all. No one showed up. Neither George Yu nor minion nor henchie nor lawyer nor counselor nor advocate nor consigliere. Just nobody. And did the judge do anything to them? Punish them in any way for their continued failure to respond? Nope. He continued the hearing until December 26. If they don’t get in trouble, how are they ever gonna learn? I guess we’ll find out.2
Continue reading Pyschopathic Rageball George Yu Was Nowhere To Be Seen — Neither Was Anyone Else From The Damn BID — Chinatown BID Completely Skips Yesterday’s Court Hearing — What Are They Thinking? — These Things Don’t Just Go Away On Their Own — Don’t Grownups Know That?

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Fashion District BID Lawsuit — Motion Filed To Compel BID To Explain Just What The Heck They Were Talking About When They Claimed All Those Exemptions — Carol Humiston Says “No Way — You Can’t Make Us Tell You” — Hearing Scheduled For November 16 At 9:30 AM

In August I had to file suit against the Fashion District BID to compel them to comply with the California Public Records Act. One of the main issues in the suit is a bunch of various really implausible exemption claims by FDBID executive director Rena Leddy. Now, it’s well understood that the burden of proving that an exemption claim allows a record to be withheld lies entirely on the withholding agency. The CPRA says explicitly at §6255(a) that:

The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.

At the time that Leddy denied my requests I asked her to justify her decisions to withhold but she refused to do so even though the law clearly requires it.1 But it sure is hard to dispute the BID’s exemption claims if no one knows what the heck they’re basing them on and they won’t explain. My lawyer asked Carol Humiston, the world’s angriest CPRA lawyer, if she’d mind listing all the withheld records and explaining why the BID withheld them.2 You can read his email here.

But Humiston, who’s not only the angriest but also pretty much tied for first place as the most obstructionist,3 wasn’t having it. Here’s what she had to say for herself in this email here:

I have considered your request for a “Vaughn Index,” which of course in
[sic] a Federal procedure, and I do not believe it is either necessary or appropriate at this time. I know of nothing that requires the BID to produce such an index. Once you have filed your brief in support of the Writ, the Court and I will have a better understanding of the issues you are raising and the appropriate course to take.

So we filed a motion asking the judge to compel the BID to produce a list of all withheld emails. This motion will be heard on November 16, 2018 at the trial setting conference at the Stanley Mosk Courthouse in Department 86 before the Honorable Amy Hogue. There’s a transcription of the motion after the break.
Continue reading Fashion District BID Lawsuit — Motion Filed To Compel BID To Explain Just What The Heck They Were Talking About When They Claimed All Those Exemptions — Carol Humiston Says “No Way — You Can’t Make Us Tell You” — Hearing Scheduled For November 16 At 9:30 AM

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Fashion District BID Files Timely Response To My Writ Petition — Denies Everything — World’s Angriest CPRA Lawyer Carol Humiston Handling Matters For Them — Trial Setting Conference On November 16, 2018 At 9:30 AM In Department 86 — Stanley Mosk Courthouse

So you’ll remember possibly that in August I was forced by their unhinged intransigence to file a writ petition against the Fashion Freaking District BID asking a judge to boss them about until they began to comply with their statutorily mandated duties under the California Public Records Act. Well, it seems they’re not going to go quietly into that good night, so they went out and hired themselves the world’s angriest CPRA lawyer, which is to say Carol Freaking Humiston of Bradley & Freaking Gmelich, and she went and filed a timely response to my petition.

And you can read the damn thing by clicking here if you want to. But I have to say, as much as I enjoy reading legal pleadings of all varieties and subject matters, these replies leave me cold. Take a look and you’ll see. They deny everything, but they don’t even say what they’re denying. It’s all like “As to the allegations in paragraph 17, we deny the first three, state that the fourth and the ninth require no response insofar as they assert legal conclusions, and the fifth through the seventh, even if true, do not allege a violation. Insofar as we fail to deny, thus far do we admit.”
Continue reading Fashion District BID Files Timely Response To My Writ Petition — Denies Everything — World’s Angriest CPRA Lawyer Carol Humiston Handling Matters For Them — Trial Setting Conference On November 16, 2018 At 9:30 AM In Department 86 — Stanley Mosk Courthouse

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Stop LAPD Spying CPRA Case Hearing Set for Tuesday, November 22, 2016 at 1:30 p.m., Stanley Mosk Courthouse Department 85

stop LAPD spying logoLast month (on May 5) Judge James Chalfant, who’s presiding over the CPRA lawsuit filed by the Stop LAPD Spying Coalition to address the LAPD’s utterly lawless noncompliance with the California Public Records Act, entered an order setting the hearing date to Tuesday, November 22, 2016 at 1:30 p.m. This will be in Chalfant’s courtroom, which is Department 85 (room 834) in the Stanley Mosk Courthouse at 111 North Hill Street. I’m sorry for the late notice, but the LA County Superior Courts don’t offer an RSS feed or any other way to be notified of new filings.

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