All posts by Mike

Los Angeles City Government

How I Reported DLANC’s Douchebaggiest Development Diva, Lover-Of-Non-White-Women, And DTLA Dustbowl Refugee Josh Albrektson To The Los Angeles County District Attorney For Violating The Brown Act With Evidence Provided By His Own Confession Against Interest Published, For Peak Derp, On Freaking Facebook

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Anyone who follows this blog regularly knows that we’re raking in big bucks from George Soros and similar sources to support our merciless over-coal raking and to-the-duly-constituted-authorities reporting of the propertied classes of Los Angeles and their eager brown-tongued lap-minions like, e.g., the six members of the Board of Directors of the Downtown Los Angeles Neighborhood Council who participated in a sub rosa, barely legal conspiracy to do in the recent Skid Row Neighborhood Council formation effort.

One of the many targets at which we direct this firehose of Sorosbux is the Facebook, where Internet amateurs and malcontents will gather to vent their collective spleens in the comfy company of their moronic six-fingered peers. In particular, we have a dedicated, Soros-funded, intern1 doing absolutely nothing all day but sifting through opposition Facebookery. And mostly it’s predictably dumb and sadly inconsequential, this material. The political equivalent, if you will, of kitten memes. Occasionally, however, a gem pops up in the feed, and when it does, well, we will write about it!

So you can well imagine our glee over here at MK.Org secret headquarters when this little slab of puckey was brought to our attention.2 The author is DLANC board member and erstwhile DTLA resident3 Joshua Albrektson, writing about his actions after receiving the grievance against DLANC board member Dan Curnow that I filed a few weeks ago:

This is his latest article. He sent a grievance to DLANC that was literally about 40 pages about Dan Curnow being on a e-mail chain of people opposing the Skid Row NC. In order to file a grievance, you have to be a stakeholder of the place. He attached a page stating he is a stakeholder because he investigates the BIDS. I told everybody that he lives in Hollywood and works in Whittier and doesn’t own property here. I don’t think anybody even read his grievance.

So what would you do if you read something like this? Well, what I did is to turn the guy in to the Public Integrity Division of the Los Angeles County District Attorney for violating the Brown Act. Turn the page for details!
Continue reading How I Reported DLANC’s Douchebaggiest Development Diva, Lover-Of-Non-White-Women, And DTLA Dustbowl Refugee Josh Albrektson To The Los Angeles County District Attorney For Violating The Brown Act With Evidence Provided By His Own Confession Against Interest Published, For Peak Derp, On Freaking Facebook →

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Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys: Otero Orders Parties To Brief Magistrate Judge Oliver On Spoliation By Defendants, Other Issues, On Basis Of Plaintiffs’ Ex Parte Application For A Hearing — Oliver Sets Hearing For December 6 at 1:30 p.m.

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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 can also read all my posts on the case.

As usual things are super complicated over in Lunada Bay. A couple weeks ago the plaintiffs filed this ex parte application for an order setting a hearing on something something something regarding Blakeman’s and the City Defendants’ spoliation of evidence. I can’t untangle the recursive character of the name of this thing, but essentially the plaintiffs are asking for a hearing on the issue of whether defendant Brant Blakeman and the City of PVE destroyed evidence after they weren’t allowed to any more. This request was based on text messages newly obtained out of Papayans’s cell phone.

This was opposed by Blakeman on the usual grounds and possibly also by the City Defendants.4 Blakeman’s opposition was the subject of a fine rejoinder filed by the plaintiffs. And yesterday Judge Otero filed an order ruling that the plaintiffs had raised allegations sufficient to require a hearing and told Judge Oliver to get on it. She filed her own order this morning setting a hearing date for December 6 at 1:30 p.m. Transcriptions of the orders are after the break.
Continue reading Lunada Bay Boys: Otero Orders Parties To Brief Magistrate Judge Oliver On Spoliation By Defendants, Other Issues, On Basis Of Plaintiffs’ Ex Parte Application For A Hearing — Oliver Sets Hearing For December 6 at 1:30 p.m. →

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Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Trial Continued Until February 6, 2018 — Transcript Of Contentious October Hearing Before Rozella Oliver Published! — Plaintiffs Call Out Brant Blakeman On His Nonsense For The Eleventy-Jillionth Time

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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 can also read all my posts on the case.

Here’s an update of what’s going on with the Bay Boys. Most crucially Judge Otero has moved the trial date from next month out to February 6, 2018. Here’s a copy of the order he filed the other day.

We also have the Ferraras filing their objection to the fairly heavy sanctions against them recommended recently by Magistrate Judge Rozella Oliver. If you recall, back in August Judge Otero specifically granted her the authority to rule on this stuff and given the moderate nature of her recommendations it seems unlikely that he’s going to ignore her thoughtful work just because a bunch of Ferraras ask him to. But of course we’ll see what we see.

Most interestingly, I think, we have this Plaintiffs’ reply to Blakeman’s opposition to their ex parte application for relief from Blakeman’s and the City’s spoliation of evidence. Blakeman filed this whiny-baby opposition a while ago, but the plaintiffs’ response is well worth your time. There are transcribed selections after the break.

Best of all, though, is the fact that as part of this pleading, the plaintiffs filed this transcript of the hearing held before Rozella Oliver on October 12, which attended and reported on, but how much nicer to have the transcript. Read the whole thing, please! Oliver’s dry humor is just lovely. I wish I had time to transcribe the whole thing for you, but I don’t.
Continue reading Lunada Bay Boys Trial Continued Until February 6, 2018 — Transcript Of Contentious October Hearing Before Rozella Oliver Published! — Plaintiffs Call Out Brant Blakeman On His Nonsense For The Eleventy-Jillionth Time →

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Los Angeles City Government, Skid Row Neighborhood Council

Yesterday’s Grievance Against Dandy Dan Curnow Invalidated By Some Random Ordinance Passed In 2015 Which, Although Unincorporated In DLANC Bylaws, Nevertheless Seems To Override Them, Proving Yet Again That The Sheer Overwhelming Incompetence And Habitual, Almost Mannered, Inaction Of DLANC President For Life Patricia X. Berman In The Face Of Any Matter That’s Not A Real Estate Development Approval Is More Than Mere Fecklessness, It’s Actually Some Kind Of Highly Evolved Defensive Tactic

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Well, good lord friends! It seems like just yesterday that I filed a grievance against Dandy Dan Curnow, DLANC secretary and law-flouting bow-tie wearing flower-arranging dude about Skid Row for his egregious violations of the Brown Act in concert with piratical POS Jacob Douglas Van Horn. And, mostly, that’s because it was just yesterday.

So imagine my shocked surprise to receive, this very afternoon, less than 24 hours after I filed the durned thing, an email from DLANC President for Life Patti Berman informing me that, despite the fact that I had followed the procedures given in DLANC’s infernal bylaws to the very letter, nevertheless that procedure was in fact invalidated by some random law I’d never heard of and which has remained unincorporated in the Bylaws since it was passed by the City Council in May 2015. Unfortunately it turns out that she didn’t just make the whole thing up, and you can turn the page for a few details. Fortunately for the sane and the righteous, though, this complaint to the DA against Dandy Dan is still active.
Continue reading Yesterday’s Grievance Against Dandy Dan Curnow Invalidated By Some Random Ordinance Passed In 2015 Which, Although Unincorporated In DLANC Bylaws, Nevertheless Seems To Override Them, Proving Yet Again That The Sheer Overwhelming Incompetence And Habitual, Almost Mannered, Inaction Of DLANC President For Life Patricia X. Berman In The Face Of Any Matter That’s Not A Real Estate Development Approval Is More Than Mere Fecklessness, It’s Actually Some Kind Of Highly Evolved Defensive Tactic →

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Los Angeles City Government, Skid Row Neighborhood Council

How I Reported DLANC Board Member Dan Curnow To The LA County DA For Violating The Brown Act And Also Filed A Grievance Against Him For Violating DLANC Bylaws

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Background: You can read my previous stories on the Skid Row Neighborhood Council formation effort and also see Jason McGahan’s article in the Weekly and Gale Holland’s article in the Times for more mainstream perspectives.

I reported a few weeks ago on how Downtown Los Angeles Neighborhood Council Board member Dan Curnow violated the Brown Act in April 2017 along with his late, unlamented colleague, moral dumpster fire, and wannabe vigilante, Jacob Douglas Van Horn. Jacob Douglas VH, of course, famously resigned from DLANC under a cloud some time ago and, by doing so, perhaps placed himself beyond the suffering of consequences for his evil ways.5 Dan Curnow, as far as anyone around here knows, though, has not (yet) resigned from DLANC and so is eligible to be complained about in every possible venue.

First of all, then, I sent this complaint about him to the Public Integrity Division of the Los Angeles County District Attorney, which is charged with enforcing Brown Act compliance in L.A. There’s not a whole lot of information in there which wasn’t in my original story, but maybe you’ll find it worth reading. The bigger news, though, is that I also filed a grievance with DLANC against Dan Curnow for violating the Brown Act. This is a new direction for me, and there’s a detailed discussion of the issues after the break.
Continue reading How I Reported DLANC Board Member Dan Curnow To The LA County DA For Violating The Brown Act And Also Filed A Grievance Against Him For Violating DLANC Bylaws →

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Central City East Association, Skid Row Neighborhood Council

Estela Lopez’s Exclusion Of Andy Bales, Other Board Members, From Secret Email Discussion Of Skid Row Neighborhood Council Not Anomalous — Bales, Gardner, Kavoukjian Regularly Left Out Of Group Emails From Lopez To CCEA Board Members — What’s Lopez Hiding And Why Is She Hiding It?

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Background: You can read my previous stories on the Skid Row Neighborhood Council formation effort and also see Jason McGahan’s article in the Weekly and Gale Holland’s article in the Times for more mainstream perspectives.

Recently I reported that nine out of the twelve members of the Board of Directors of the Central City East Association egregiously violated the Brown Act during their weeks-long participation in the anti-Skid-Row-Neighborhood-Council conspiracy centered around the shadowy anonymous Delaware-incorporated entity United Downtown Los Angeles LLC. Well, I’ve been continuing to investigate this matter, not only with respect to the involvement of CCEA executive directrix and Skid Row voodoo queen Estela Lopez and the CCEA board of directors, but from many other angles as well.

As part of the investigation I’ve been seeking via the California Public Records Act various emails between CCEA’s board and staff. I’ve actually been asking for these for almost a year now. Estela Lopez has been consistently obstructionist, mostly claiming that all such emails are exempt due to the famously abused, mostly made up, so-called deliberative process exemption to the CPRA.6

This position is indefensible, of course, and there have been some demand letters exchanged between my lawyer and some attorneyesque dude known as Don Steier, who seems to be very buddy buddy with the CCEA conspiracy. The CCEA remains mostly uncooperative, although they did cough up about 50 pages of emails they’d formerly claimed were exempt.7 An even superficial perusal of the evidence will show conclusively that their original claim that this stuff was exempt is nonsense of the first water, and the material they released is mostly chaff.8

However, there is still some interesting information to be gleaned from this release. In particular, the fact that Estela Lopez was involved in extensive secret email discussions with 9 out of 12 CCEA directors, excluding Andy Bales, Richard Gardner, and Sylvia Kavoukjian, was in fact not an anomaly. It seems that she habitually sends emails to everyone but those three.9 I have no idea at this point why those three directors are excluded on a regular basis. Perhaps someone more up on Downtown politics will be able to figure it out. Anyway, turn the page for some examples, some discussion, and some mockery of Don Steier, the CCEA’s lawyerlike co-conspirator.10 Continue reading Estela Lopez’s Exclusion Of Andy Bales, Other Board Members, From Secret Email Discussion Of Skid Row Neighborhood Council Not Anomalous — Bales, Gardner, Kavoukjian Regularly Left Out Of Group Emails From Lopez To CCEA Board Members — What’s Lopez Hiding And Why Is She Hiding It? →

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Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Case: Magistrate Judge The Honorable Rozella Oliver Recommends Sanction-Slaps For 67% Of The Ferrara Defendants, Additional Depositions Concerning Discovery Shenanigans Of Those Same Ferraras And Sang “Friend N A Pirate” Lee, Allowing Plaintiffs To Argue Inferences From Missing Evidence Before Jury!

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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 can also read all my posts on the case.

Perhaps you recall that on Thursday, October 12, the plaintiffs and defendants Charlie and Frank Ferrara and Sang “Friend N A Pirate” Lee appeared before Magistrate Judge Rozella Oliver to discuss the plaintiffs’ motion that these defendants be sanctioned for destroying a bunch of obviously incriminating text messages.

Today Oliver issued a Report and Recommendation on Motion for Sanctions. The document is well worth reading, as it summarizes the entire background of discovery disputes between the plaintiffs and these three defendants in a comprehensive, comprehensible style.

This paper is in the form of a recommendation to Judge Otero rather than an order. I don’t know for sure why this is, but I’m guessing it’s because this matter is beyond the traditional powers of Magistrates and Oliver is allowed to deal with it because Otero specifically granted her the authority to do so. His having done so, I’m guessing, makes it pretty likely that he’ll accept her recommendations, especially given their prudent, moderate nature.

In particular, she says that there’s no evidence showing that Sang Lee spoiled evidence on purpose when he had a duty to preserve it. She does recommend that the plaintiffs be allowed to depose Lee again to explore the issue of evidence. To emphasize that she’s not punishing him she recommends that he and the plaintiffs split the cost of his depo. The Ferraras, that is, Charlie and Frank, come off quite a bit worse, and you can turn the page to learn their fate and read a teensy bit of the document itself.
Continue reading Lunada Bay Boys Case: Magistrate Judge The Honorable Rozella Oliver Recommends Sanction-Slaps For 67% Of The Ferrara Defendants, Additional Depositions Concerning Discovery Shenanigans Of Those Same Ferraras And Sang “Friend N A Pirate” Lee, Allowing Plaintiffs To Argue Inferences From Missing Evidence Before Jury! →

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Municipal Ethics

Open Letter To The Los Angeles Ethics Commission Asking Them To Consider Adopting A Policy On Disclosure Of Ex Parte Communications

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I reported last week that Serena Oberstein, Vice President of the Los Angeles City Ethics Commission, had engaged in undisclosed ex parte communications with a couple of (unregistered) lobbyists regarding a proposal to revise the Municipal Lobbying Ordinance. Of course, at present, there’s no requirement for any City commissioners, except Harbor Commissioners, to disclose such communication.

However, the example of the Board of Harbor Commissioners shows that it is possible for City commissions to adopt more stringent requirements than the rest of City government is subject to. Given the role of the Ethics Commission in defending the public interest in transparency and disclosure, it seems like a natural candidate for such a policy.

Hence, as promised, I’ve written a letter to the Commission asking them to put an item on the agenda for December 19 asking the staff to draft a policy proposal for such a requirement. Here’s a copy of the letter, and you can read a transcription after the break. If you’re moved to write about this yourself, you can, as far as I know, send communications to the Commission at ethics.commission@lacity.org.
Continue reading Open Letter To The Los Angeles Ethics Commission Asking Them To Consider Adopting A Policy On Disclosure Of Ex Parte Communications →

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Hypocrisy, Municipal Ethics, Skid Row Neighborhood Council

United DTLA Conspiracy: How DLANC Board Members Dan Curnow And Jacob Douglas Van Horn Violated The Brown Act In March 2017

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Background: You can read my previous stories on the Skid Row Neighborhood Council formation effort and also see Jason McGahan’s article in the Weekly and Gale Holland’s article in the Times for more mainstream perspectives.

A few days ago I published a story on how the massive release of emails from the Downtown Center BID revealed massive, egregious Brown Act violations by the Central City East Association Board of Directors. The issue is that the Brown Act explicitly11 forbids a majority of a Board from using “…a series of communications of any kind, directly or through intermediaries, to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of the legislative body.”

There were also six members of the DLANC Board in on the conspiracy:

According to an extremely useful guide prepared by then-City-Attorney Rockard Delgadillo, in the context of the Brown Act a majority means a majority of a quorum. That is, the minimum number of members that can actually act on a motion. The DLANC has a 24 member board, and a quorum is 13. Hence these six members using email “…to discuss, deliberate, or take action on any item of business that is within the subject matter jurisdiction of…” DLANC is not a violation; a violation would require seven members to have been in on the discussion.

However, the Brown Act also applies to standing committees of bodies which are subject to its requirements. In particular, consider DLANC’s Livability Committee. That this is a standing committee is stated explicitly in DLANC’s bylaws12 Also, in March 2017 the members of the Livability Committee were none other than Dan Curnow, Jacob Douglas Van Horn, and Jacki Breger. For instance, take a look at the minutes from March 16, 2017.
Continue reading United DTLA Conspiracy: How DLANC Board Members Dan Curnow And Jacob Douglas Van Horn Violated The Brown Act In March 2017 →

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Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Case: Charlie And Frank Ferrara Withdraw Motion For Summary Judgment, City Of PVE Releases A Bunch Of Formerly Confidential Material Proving Among Other Things That Former Police Chief Jeff Kepley Wanted To Charge Bay Boys As A Gang, More Papayans Text Messages, Powerful Plaintiffs’ Opposition To City Defendants’ Motion

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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 can also read all my posts on the case.

There’s so much going on right now that I barely have time to list the recent paper filed in the Lunada Bay Boys case, but there’s a lot of interesting stuff here.

• First of all, recall that during last week’s hearing on sanctions against defendants Charlie Ferrara, Frank Ferrara, and Sang Lee, magistrate judge the honorable Rozella Oliver strongly hinted to the Ferraras’ attorney, Alison K. Hurley, that she really ought to consider withdrawing her clients’ motion for summary judgment. Well, I suppose that when judges hint, smart people listen, and, additionally, it seems that Alison K. Hurley does as well. Thus on Monday the Ferraras filed this notice of withdrawal of their previous motion.

• Next we have the Plaintiffs’ supplemental brief in opposition to City defendants’ motion for summary judgment. The overarching issue is that the City of PVE has been so remiss in its duties to release documents that they’ve made it impossible for the plaintiffs to respond effectively to this motion for summary judgment. This is worth reading, and there’s a partial transcription at the end of this post.

• Also, this item comes with a statement of supplemental facts and a bunch of exhibits. These contain tons of super-interesting, formerly confidential, documentary evidence. The point is to enumerate all the ways in which the City defendants failure to provide this new evidence, some of it obtained as recently as yesterday, hindered the plaintiffs’ response. The new evidence is fascinating. There’s a list of links and descriptions after the break.

• Finally, there’s a supplemental brief in opposition to the individual defendants’ motions for summary judgment, which plays a role parallel to the analogous document for the City defendants. This too is well worth your attention, and there’s a partial transcription after the break. This also comes with a statement of supplemental facts, also worth reading, with lots of new creepy Bay Boy texts and so on.
Continue reading Lunada Bay Boys Case: Charlie And Frank Ferrara Withdraw Motion For Summary Judgment, City Of PVE Releases A Bunch Of Formerly Confidential Material Proving Among Other Things That Former Police Chief Jeff Kepley Wanted To Charge Bay Boys As A Gang, More Papayans Text Messages, Powerful Plaintiffs’ Opposition To City Defendants’ Motion →

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