All posts by Mike

Discovery Hangups Seem to Have Been Settled in Today’s Hearing in LA Catholic Worker, LA CAN, v. City of L.A., Central City East Association

January 11, 2016 Mike Leave a comment

Round and around and around she goes... — Round and around and around she goes…

There was a hearing this morning in the lawsuit against the City of Los Angeles and the Central City East Association, which is fairly historic since, for the first time in Los Angeles, if not anywhere, an attempt is being made to call a Business Improvement District to account for conspiring with the City to violate people’s rights and to prove, once and for all, that BIDs really are agents of the City, no matter what everyone involved says about it. Unfortunately various circumstances conspired to prevent me from attending this hearing (of plaintiffs’ motion to compel discovery) in front of Magistrate Judge Andrew J. Wisterich. But the minutes (not the transcript) were posted on PACER this afternoon. After a conference in the courtroom, it seems that all the difficulties have been settled, and the City of L.A. will produce all the discovery material within 10 days. Read the whole thing after the break.
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Announcements, Hollywood Property Owners Alliance, Joint Security Committee

Hundreds of Newly Obtained Documents: CHC and HPOA Board Minutes 2007-2015 and Joint Security Committee Minutes 2008-2015

January 7, 2016 Mike Leave a comment

As the mohel said when asked why he had watches in the window of his storefront: "Nu, so what do you want I should put here?" — As the mohel said when asked why he had watches in the window of his storefront: “Nu, so what do you want I should put here?”

I’m pleased to announce the availability of eight years worth of CHC and HPOA Board of Directors minutes as well as seven years worth of Joint Security Committee minutes. These are available through the menu structure in the header, or on this page, or from this directory.

The careful reader will note that the HPOA continues to violate the plain language of the California Public Records Act by converting the original MS Word documents into PDFs before handing them over. In fact, the metadata suggests that it was Joe Mariani who was personally responsible for this outlawry, or at least it was probably done on his computer. Joe, you don’t have to follow orders that require you to break the law, you know. You can just refuse. In fact, the HPOA’s own whistleblower policy encourages you “to report any action or suspected action taken within the Corporation that is illegal, fraudulent or in violation of any adopted policy of the Corporation.” Come on, Joe! Be a mensch, drop a dime!
Continue reading Hundreds of Newly Obtained Documents: CHC and HPOA Board Minutes 2007-2015 and Joint Security Committee Minutes 2008-2015 →

Announcements

New Documents, Mostly Routine, although Assistant LAPD Chief Jorge Villegas Explicitly Acknowledges Limitations of Arrests as a Tool for Addressing Homelessness

January 3, 2016 Mike Leave a comment

Assistant Chief Jorge Villegas, LAPD: "As you know [homelessness] is an extremely complex issue to address. It is not as simple as simply making an arrest. As you know, we cannot arrest [our] way out of this complex social issue." — Assistant Chief Jorge Villegas, LAPD: “As you know [homelessness] is an extremely complex issue to address. It is not as simple as simply making an arrest. As you know, we cannot arrest [our] way out of this complex social issue.”

Today I uploaded documents from the DCBID, the Fashion District, and some emails from Raquel Beard to the Mayor’s office. The DCBID’s Operations Committee agendas are here, and according to Suzanne Holley this is all of them for which there are electronic copies. They don’t meet very often, it seems. Next up we have 2015 minutes and agendas for the Fashion District BID Board of Directors. There’s some interesting stuff here, although I haven’t had time to read them carefully. For instance, on February 26, 2015, the Board heard about the Central City Association’s plot to hire Rodriguez Strategies to fight the legalization of street vending in LA. The new information here is that Carol Schatz evidently pegged the cost at $60,000 and Kent Smith of the FDBID asked and received from the Board approval to donate $10,000. I think that, given how the original initiative expanded, including the hiring of subordinate publicists, that original estimate must have ended up to be quite low. In March Kent asked for and received from the board $5,000 to oppose Carol Liu’s Right to Rest Act. I really do wonder if this kind of political activism is a legal use of BID money, since it’s supposed to be used to provide services in the district above and beyond what the City provides. How, I wonder, is taking positions on state laws consistent with this charge? A question for another day, I guess. And finally, after the break, we have some emails from Raquel Beard of the CCEA to Eric Garcetti’s office.
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Stop LAPD Spying Coalition

Stop LAPD Spying Coalition and National Lawyers Guild LA File Suit Against City of LA Over Egregious LAPD CPRA Violations–Court Papers Available Here

December 30, 2015 Mike Leave a comment

The logo of the Stop LAPD Spying Coalition

On December 22, 2015, the Stop LAPD Spying Coalition and the hyperactive-in-a-good-way National Lawyers Guild LA filed suit in LA Superior Court against the City of Los Angeles because of egregious violations of the California Public Records Act. According to Pete White of the LA Community Action Network, the LAPD needs to “…know they need to—at a minimum—follow the laws…they tell us we need to follow.” I got copies of everything that’s been filed to date and put it all in a directory here. There’s not so much, but the initial complaint is a monster, weighing in at 180 pages. Most of that is exhibits, including a lengthy U.S. Senate report on Homeland Security funding of and involvement in domestic police spying operations and a copy of a “Special Order” authorizing an ongoing LAPD spying program and a bunch of other documents. The LAPD stuff starts on page 125 of the PDF. I’ll separate and post the various documents individually when I have time. Anyway, the petition has an excellent introduction outlining the public’s interest in the records that the group is seeking and a very tidy summary of what I know from personal experience is the maddening stubborn inactivity of the LAPD in the face of the transcendently clear mandate of the CPRA to respond to requests within 10 days. My only quibble is that I wish they’d also mentioned the LAPD’s absolute and illegal refusal to provide copies of records that they hold in electronic formats, e.g. email, in those electronic formats rather than printing them out on paper and redacting them with a marker. But they know the law and its ways better than I, so I’ll hush up about it.
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Lawsuits

Quick Updates on Two Federal Lawsuits

December 29, 2015 Mike Leave a comment

There’s not much hard news here, but there’s something. First of all the street vending lawsuit. Last week both the Fashion District BID and the City of LA asked the court for extra time to respond to the plaintiffs’ discovery requests. Because the City asked for fewer than 30 days the request is automatically granted, but the FDBID asked for more than 30 days, and so needed an order from Judge O’Connell. On the 23^rd that order was filed by the judge, who granted the FDBID an extension until January 25, 2016. Note that there’s nothing especially interesting in this document.

However, there’s also been some action in the LA Catholic Worker/LACAN v. City of LA/CCEA case. You may recall that the plaintiffs called for a hearing on January 11, 2016 over a motion to compel the City of Los Angeles to stop being so damned recalcitrant about handing over discovery material, and everybody seems super-tense about everything and mad at one another in a way that one doesn’t usually see with actual professional lawyers. Anyway, yesterday the plaintiffs filed a supplemental memorandum of law in support of their motion to compel, which makes for some interesting reading in the run-up to the hearing on the 11^th.

TL;DR is that the plaintiffs accuse the City of LA of abusing the rule requiring parties to “meet and confer” over discovery matters by providing irrelevant material and so on in order to run out the clock on discovery. I’m convinced by their arguments, but obviously I’m biased. There’s also a hyper-meta discussion on whether the fact that an attorney directs the discovery process makes the documents used to coordinate the process into privileged attorney work-product. I’m sure I missed all the fine points, but I’m definitely convinced. These people will claim privilege for anything. Shameless. Find curated selections from the pleading after the break.
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Hollywood Property Owners Alliance

Kerry Morrison Evidently Solicited Some Favor in October 2014 from LAPD on Behalf of Outlaw Developer CIM Group, Peter Zarcone and Deputy Chief Terry Hara Concerned to Avoid “[Creating] a Perception of [LAPD] Being in the Pocket of a Private Developer”

December 27, 2015 Mike Leave a comment

Politically astute LAPD deputy chief Terry Hara in 2006.

In October 2014, a judge revoked real estate developer CIM Group’s permits for their controversial Sunset/Gordon apartment building because they had willfully ignored a number of legal requirements. Within days of that decision, HPOA Executive director Kerry Morrison was emailing Hollywood LAPD Honcho Peter Zarcone with some kind of ask about the situation. Zarcone conferred with now-retired Deputy Chief Terry Hara and told Kerry that, while he wasn’t (yet) saying “no” to whatever Kerry was asking, he and Hara needed more information because they were concerned that saying “yes” would “create a perception of [LAPD] being in the pocket of a private developer.” He was right to have worried. The Sunset/Gordon project would go on to be the locus of a great deal of outlawry, and CIM Group is essentially an ongoing criminal conspiracy. I certainly hope the LAPD had the sense to stay out of it.

I only have this little snippet of the email chain, so I don’t yet know the favor Kerry was asking nor the outcome of the ask. I have requests out for the rest, though, and I’ll provide new information as it comes in. I will say that I’d prefer that the LAPD would be concerned more with the reality of not being in the pocket of a private developer than the perception of it, but maybe that’s idealistic. And I’d say that the fact that Kerry Morrison even felt free to ask him for anything on behalf of CIM shows that probably the LAPD essentially is already “…in the pocket of a private developer.” Why did she think that asking him would yield results if similar requests in the past hadn’t already worked? My collection of BID/LAPD emails is presently too fragmentary to allow the drawing of many solid conclusions, but the amount of it that has to do with real estate is surprising.

Darrell Davis (right) with Bea Girmala and LaMont Jerrett in the parking lot of the Hollywood Police Station on Wilcox

For instance, here’s another email, this one from HPOA Assistant Boss Joseph Mariani to Hollywood cop Darrell Davis asking for info on Hollywood crime stats that a broker needs immediately to convince a client to buy in Hollywood. Again, I don’t yet know the full story, but I’m working on getting it. However, the level of familiarity that Joe displays suggests convincingly that LAPD assistance with Hollywood real estate transactions is the norm. Says Joe to Darrell: “Ideally he said he would need this today. Let me know if that’s possible. If not I’ll try and buy some time.”

So if Peter Zarcone is worried about creating a perception of LAPD being in the pocket of a private developer, maybe the best thing would be to have his subordinates stop acting like they’re in the pocket of the entire freaking real estate industry. Maybe the best thing to do when he receives what’s almost surely an improper request from Kerry Morrison is to tell her that it’s not the job of the police to facilitate the real estate industry’s criminality, or even its non-criminal daily business. Maybe that would be more effective. Read full transcripts after the break if you don’t like PDFs:
Continue reading Kerry Morrison Evidently Solicited Some Favor in October 2014 from LAPD on Behalf of Outlaw Developer CIM Group, Peter Zarcone and Deputy Chief Terry Hara Concerned to Avoid “[Creating] a Perception of [LAPD] Being in the Pocket of a Private Developer” →

Announcements

Lots of New Unsorted Emails Between HPOA, LAPD, the Media District BID, the Hollywood Chamber of Commerce, and CD13

December 24, 2015 Mike Leave a comment

Adam Schiff hovering over a full-mouthed Peter Zarcone at one of those rubber chicken extravaganzas.

I uploaded tons of emails today, some between the LAPD and the three Hollywood BIDs, some between CD13 and the Hollywood BIDs and/or the Hollywood Chamber of Commerce. The LAPD emails are notable because I made the request that they were provided in response to on January 9, 2015. I have had to hassle them, complain to OIG about them, hassle them some more, bargain with them, plead with them, and finally, after more than 11 months, they actually handed over some emails. There seem to be about 16,000 pages to go, so at this rate I should have them all slightly less than 30 years from now.

Dan Halden in March 2015. One thing I learned from the emails presented here is that Kerry Morrison doesn't know and will not learn how to spell his name. — Dan Halden in March 2015. One thing I learned from the emails presented here is that Kerry Morrison does not know and will not learn how to spell his name.

At this point, by way of contrast, let me just mention that the staff at CD13, Dan Halden especially, and also Marisol Rodriguez, are helpful, honest, reliable, patient with my endless requests, and just all-round wonderful. We can all be proud that they’re part of our city government. Enough sentimentality! Without further ado, look here for the CD13 emails or download the PDFs directly: one—two—three—four. You can find the LAPD ones here or download the PDF directly here.
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Lawsuits

Is the Lavan Case Close to a Settlement? Documents Filed in Federal Court Suggest the Answer is Yes and that it May Happen in July 2016

December 24, 2015 Mike Leave a comment

Carol Sobel, lead plaintiffs' attorney in Lavan v. City of Los Angeles — Carol Sobel, lead plaintiffs’ attorney in Lavan v. City of Los Angeles

The Lavan case is kind of off our beat here since it’s not directly linked to BIDs, but I haven’t found any discussion in the news of pleadings filed with the court in early December, so I thought I’d upload them and note their existence here as a public service. (I don’t want to go into the details of the case, but if you’re not already familiar with them, the Argonaut has a reasonable if westside-whiny outline of the situation). On December 2, 2015, the parties to the case filed a Joint Notice of Tentative Settlement, asking Judge Philip Gutierrez to vacate the trial date due to an impending settlement:

As the Court is aware, the parties participated in a settlement conference before Magistrate Judge Woehrle on November 24, 2015, at which time they reached a tentative settlement of the remaining issues in this action. The settlement requires a four-step approval procedure by the City. That process is anticipated to take at least three months, if not longer, particularly in light of the upcoming holidays resulting in the cancellation of several meeting dates for City officials. If the settlement is approved by the City Council, the third step in the process, it then goes to the Mayor, who has 10 days to act on the proposal. The parties have agreed that, if approved by the City, the settlement will be paid at the beginning of the next fiscal year, which is July 1, 2016.

The next day, December 3, 2015, Judge Gutierrez issued an order granting the parties’ joint request. So we’ll see what happens, eh?
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Lawsuits

Street Vending Lawsuit Defendants City of LA and Fashion District BID File Requests in Federal Court Yesterday Asking for Extension to January to Respond to Initial Complaint, FDBID and Plaintiffs Intend Attempt to Resolve Informally

December 22, 2015 Mike Leave a comment

Yesterday both defendants in the Street Vendors v. City of LA and Fashion District BID lawsuit filed requests in Federal Court to extend their time to respond to the initial complaint.

The City of LA, in this pleading, asked for an extension of fewer than 30 days, which evidently is granted automatically. With this motion the City is due to respond by January 19, 2016.

On the other hand, the Fashion District BID, in this pleading, with the concurrence (stipulation) of the plaintiffs, asked for more than 30 days to respond. Evidently this requires the approval of the court, so they have to give reasons:
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Fashion District BID

Some Documents from Horlings Lawsuit against Fashion District BID Available, Illuminating Contradictions of Existence of BID Security

December 21, 2015 Mike Leave a comment

Today I have a minor piece of documention, which is the initial complaint and a bunch of miscellaneous paperwork, available here, in a lawsuit known as Horlings v. City of Los Angeles. I won’t summarize the alleged facts of the case, because I find it impossible to do so without seeming to mock the plaintiffs or to condemn some of the defendants, which I really don’t want to do. The suit is based on a horrific experience, and no one deserves to be mocked for their roles in it. In very general terms the Horlings family was the victim of a crime in Santee Alley and they sued, among other parties, the Fashion District BID based on the BID’s representation that their role and mission was to keep their district safe and clean. They also sued the City of LA, Universal Protection Service, and the LAPD.
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