Hey, friends! I’m speaking tomorrow night at the Los Angeles Poverty Department. The title of the talk is Bad BIDness in the City of Angels: Business Improvement Districts, Lobbying, and Class Warfare. It’s at 7:30 p.m. at 250 S. Broadway. Here’s a link to the Facebook event if that’s more convenient for you. This PDF contains somewhat more than I’m going to talk about. Perhaps I’ll see you there!
Monthly Archives: July 2017
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
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
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 unanticipated2 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
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!
Fashion District BID Bylaws From 2003 Anticipate Los Angeles City Attorney Advising BID On Their Brown Act Obligations, Suggesting That Holly Wolcott’s Stance Against Requiring BIDs To Follow The Law Is A Recent Development
I’ve been collecting copies of bylaws from the property owners’ associations that run BIDs for a while now, and some interesting stuff has turned up. Most egregiously we have the cases of Brown Act violations actually written into the bylaws of the Larchmont Village BID and essentially the same problem with the Melrose Avenue BID. Well, the other day, Rena Leddy, executive directrix of the Fashion District BID, was kind enough to send me a copy of her BID’s bylaws, last amended in 2003, and very interesting they are, indeed!
For one thing, these bylaws reveal that, unlike every other BID that I know of, the property owners in the Fashion District elect their Board of Directors by direct weighted vote.3 Most BIDs seem to be run by self-perpetuating boards, in which the directors choose their successors without any input from anyone else. This is interesting, and may save the FDBID from the kind of stagnation and undue staff influence that one finds in so many of our local BIDs.4
Most interesting, though, are the two places in these bylaws where it appears that the BID didn’t know whether or not their rules would violate the Brown Act, so they wrote language stating that the rules only applied pending determinations of their legality by the City Attorney of Los Angeles. This contradicts the stance currently taken by City Clerk Holly Wolcott, who insists that BIDs are beyond the City’s power to control due to their status as private corporations. She refuses even to tell BIDs to perform explicit requirements of their contract. How strange, then, to see evidence that in 2003 the City Attorney of Los Angeles was making decisions about whether or not the Fashion District BID’s bylaws were Brown-Act-compliant.
Continue reading Fashion District BID Bylaws From 2003 Anticipate Los Angeles City Attorney Advising BID On Their Brown Act Obligations, Suggesting That Holly Wolcott’s Stance Against Requiring BIDs To Follow The Law Is A Recent Development
Magistrate Judge Rozella Oliver Orders Sang Lee To Produce Under Seal The Results Of Forensic Imaging Of His Phone To Be Examined In Camera In Order To Settle So-Far Intractable Discovery Disputes — Says The Judge: Do It By Friday Morning!
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 just reported this morning that the discovery dispute between plaintiffs and defendant Sang Lee remains unresolved. Today at 1:30 p.m. PDT the parties held a telephonic conference with the Honorable Rozella Oliver, magistrate judge in the Lunada Bay Boys proceedings, to discuss the problems. Mere moments ago Oliver filed a minute order explaining what’s to be done at this stage (as always there’s a transcription after the break).
The upshot is that Sang Lee must produce the extraction report on the forensic imaging of his phone and the plaintiffs must produce a list of names they’re looking for in the phone along with a list of the discovery requests they’ve already made to which they believe information on the phone would be responsive. This is all to be submitted under seal, not on PACER, for Rozella Oliver to review in camera, by Friday, July 21, at 9 a.m. After reviewing the evidence the judge will issue an order settling the matter or else schedule another hearing.
Turn the page for the text of the order.
Continue reading Magistrate Judge Rozella Oliver Orders Sang Lee To Produce Under Seal The Results Of Forensic Imaging Of His Phone To Be Examined In Camera In Order To Settle So-Far Intractable Discovery Disputes — Says The Judge: Do It By Friday Morning!
Plaintiffs’ Lawyer Victor Otten Files Declaration And A Bunch Of Exhibits Documenting Absolute Failure Of Lunada Bay Boys Defendant Sang Lee To Cooperate With Discovery, Threatens Motion To Compel Absent Prompt Compliance
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.
Last Thursday the Honorable Rozella Oliver, magistrate judge in the Lunada Bay Boys zillionaire surf thuggery case, ordered various defendants to quit taking the piss and get cracking with their discovery obligations. In particular, the order filed stated with respect to defendant Sang Lee that:
The parties are also directed to file any meet and confer letters regarding the dispute and the privilege log served by Defendant Lee at least 24 hours before the next telephonic hearing.
Well, yesterday evening plaintiffs’ lawyer Victor Otten fulfilled his part of that obligation by filing a declaration and a bunch of letters between his office and Sang Lee’s attorneys about discovery. This is pretty interesting stuff for a number of technical reasons, and there are links and descriptions after the break.
Continue reading Plaintiffs’ Lawyer Victor Otten Files Declaration And A Bunch Of Exhibits Documenting Absolute Failure Of Lunada Bay Boys Defendant Sang Lee To Cooperate With Discovery, Threatens Motion To Compel Absent Prompt Compliance
More Than A Gigabyte Of Emails Between The San Pedro BID, The Port Of Los Angeles, And Some Other Random Seeming Parties!
This is just a short note to announce the availability of 1.3 GB of emails between the San Pedro BID and the Port of LA. Because the Port has a seat on the BID’s Board of Directors this request picked up a ton of intra-Board emails, which are fascinating. Here’s a link to the goodies on Archive.Org:
- Emails between the San Pedro BID and the Port of Los Angeles — From January 1, 2016 through June 2017. Lorena Parker supplied these as an mbox file, and all thanks to her for that! I exported them as both PDF and eml files and also extracted all the attachments and uploaded them individually.
This is a rich, rich release, and you’ll be hearing about details of it for many posts to come. But for now, turn the page to read some inconsequential silliness about the nonsense in Board President Jonathan Williams’s mouth in the cartoon at the head of this post.
Continue reading More Than A Gigabyte Of Emails Between The San Pedro BID, The Port Of Los Angeles, And Some Other Random Seeming Parties!
Business Improvement Districts Are Not Small Businesses According To The Small Business Administration, So Why Did Executive Directrix Lorena Parker Swear Under Penalty Of Perjury That The San Pedro BID Meets The Criteria?
So it seems that the Port of Los Angeles has something called a small business enterprise program, in which they “provide additional opportunities for small businesses to participate in professional service and construction contracts … in a manner that reflects the diversity of the City of Los Angeles.” (see this PDF for details).
And it also seems that the San Pedro BID contracts with the Port every summer to run trolleys around downtown San Pedro. And as part of the contract, the Port requires the BID to complete an Affadavit of Company Status. And part of the status is whether the contractor is a small business or not. As you can see from the PDF or from the image that appears somewhere near this sentence, the San Pedro BID5 claims to be a “Very Small Business Enterprise” (“VSBE”) which is an extra-small form of Small Business Enterprise (“SBE”).
The Harbor Department defines a SBE as an independently owned and operated business that is not dominant in its field and meets criteria set forth by the Small Business Administration in Title 13, Code of Federal Regulations, Part 121.
Continue reading Business Improvement Districts Are Not Small Businesses According To The Small Business Administration, So Why Did Executive Directrix Lorena Parker Swear Under Penalty Of Perjury That The San Pedro BID Meets The Criteria?
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