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.

  1. Alleged, that is.
  2. The freaking BIDs do this all the time. If only I had a federal judge to complain to about them! If only CPRA allowed for punitive sanctions!

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