Category Archives: Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Private Investigator’s Report On Who Blew The PVEPD Sting Filed Unredacted! Jeff Kepley Seems To Acknowledge Existence Of Bay Boys As A Settled Fact! Tony Dahlerbruch Evidently Don’t Know Nothing ‘Bout Nothing!

August 2, 2017 Mike Leave a comment

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.

So a couple days ago the plaintiffs in the Lunada Bay Boys case filed a ton of papers to go along with their opposition to the City of PVE’s motion for summary judgment. Among this stuff was a totally redacted copy of the private investigator’s report on who leaked advance notice of a planned PVEPD sting operation to catch some Bay Boys.

The City claimed that the contents were confidential, hence the redactions. The plaintiffs disagreed, and asked Judge Otero to make it public. Yesterday Otero agreed, and today the judge filed yet another order requiring the redacted report to be made public. And, subsequently, the plaintiffs filed the whole unredacted report! (As usual, there’s a transcription of this lengthy PDF after the break).

The report is completely inconclusive and basically says that too many people knew about the sting, so it’s not possible to figure out who leaked it. There’s a lot of interesting stuff in there, though. In particular, PVE chief of police Jeff Kepley speaks about the Bay Boys as if their existence is an established fact. Turn the page for some more commentary and, as usual, a transcription of the report itself.
Continue reading Lunada Bay Boys Private Investigator’s Report On Who Blew The PVEPD Sting Filed Unredacted! Jeff Kepley Seems To Acknowledge Existence Of Bay Boys As A Settled Fact! Tony Dahlerbruch Evidently Don’t Know Nothing ‘Bout Nothing! →

Lunada Bay Boys Judge James Otero Rejects The City Of PVE’s Contention That The Private Investigator’s Report On Who Blew The Undercover Op Is Top Secret, Orders It To Be Filed Publicly!

August 1, 2017 Mike Leave a comment

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 there were more items filed in the Lunada Bay Boys case. After yesterday’s mass of documents though I hardly have the heart to go through this batch, or even download the ones that appear to be repetitive. But there were a few interesting and new items filed, including an order by Judge James Otero.

A couple months ago the parties were arguing over whether a private investigator’s report on who blew a PVEPD undercover operation was discoverable. The magistrate judge ordered everyone to brief the issue but then the City just handed it over. Then there was some kind of effort by the City to keep it secret, and yesterday it came out with all the other pleadings but the entire thing was redacted, that is, it’s filed under seal.

This is evidently at the behest of the City of PVE, which claims it’s top secret. This led to the plaintiffs today petitioning the court to file documents under seal and at the same time filing a proposed order asking Judge Otero to deny their application. Thus, they’re asking for the documents to be filed publicly. Oh, I forgot to say that in addition to this investigator’s report, Jalian Johnston’s text messages were partly sealed, mostly as to third parties’ phone numbers, it seems.

Anyway, the big news is that this evening James Otero did file an order stating that the investigator’s report was not secret and must be filed publicly, but that the text messages were properly filed under seal. As always, there’s a transcription of the order after the break. Thus I’m guessing we will soon get to read the actual investigator’s report, which ought to be quite interesting.
Continue reading Lunada Bay Boys Judge James Otero Rejects The City Of PVE’s Contention That The Private Investigator’s Report On Who Blew The Undercover Op Is Top Secret, Orders It To Be Filed Publicly! →

Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Plaintiffs Oppose City Defendants Motion For Summary Judgement By Filing More Than 50 Documents Including A Bunch Of Deposition Excerpts And Jalian Johnston’s Freaking Text Messages!

July 31, 2017 Mike 2 Comments

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.

So a couple weeks ago defendants the City of PVE and its seemingly erstwhile chief of police Jeff Kepley (collectively known as “the City defendants”) filed a motion asking the court for summary judgment. This was the first of a long line of such motions filed by all the other defendants. And this afternoon the plaintiffs responded to the City defendants’ motion with over fifty documents.

There’s no way I can describe all of these individually, and I even had to write a script to generate links for all of them, which you can find after the break. The links are functional but not pretty, and you can find them with highly selected brief descriptions after the break.

The documents include tons of fascinating deposition excerpts from many of the defendants along with, finally, Jalian Johnston’s freaking text messages, which are about as stupid as one would expect. There’s also a transcript of part of the infamous Brant Blakeman video. This is essentially Aladdin’s cave, and I’m sorry I can’t provide more detail, but read, read, read, and enjoy!
Continue reading Lunada Bay Boys Plaintiffs Oppose City Defendants Motion For Summary Judgement By Filing More Than 50 Documents Including A Bunch Of Deposition Excerpts And Jalian Johnston’s Freaking Text Messages! →

Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Juvenile Defendant NF Released From Case By Order Of Judge Otero, Judge Oliver Orders Parties To Brief Discovery Disputes Involving Defendants Frankie And Charlie Ferrara

July 27, 2017 Mike Leave a comment

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 few days ago the parties to the Lunada Bay Boys zillionaire surf-thuggery case, in a rare showing of unanimity, concord, and like-mindedness, jointly asked Judge James Otero to release the anonymous minor defendant NF from the case, while leaving him responsible for some discovery obligations. Well, just this afternoon Otero issued an order doing just that. No big surprise.

But, as usual, on the discovery front everybody’s still getting fussy, and soon Mom’s gonna have to put their mittens on lest they scratch up their lil faces and so on. In particular, Magistrate Judge the honorable Rozella Oliver issued a post telephonic conference minute order requiring the parties to submit briefs on the ongoing discovery dispute between the plaintiffs and defendants Frank and Charlie Ferrara. I’m not sure what the substance of this dispute is, but I suppose we’ll find out on August 14, when the plaintiffs’ brief is due. As always, turn the page for a transcription of the order.
Continue reading Lunada Bay Boys Juvenile Defendant NF Released From Case By Order Of Judge Otero, Judge Oliver Orders Parties To Brief Discovery Disputes Involving Defendants Frankie And Charlie Ferrara →

Cory Spencer v. Lunada Bay Boys

Judge Otero Extends All Lunada Bay Boys Case Deadlines, Moves Hearing To September 5 From August 21

July 26, 2017 Mike Leave a comment

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.

Remember two days ago when the plaintiffs in the Lunada Bay Boys zillionaire surf-thuggery case asked for extra time to respond to all the defense motions for summary judgment? Well today Judge Otero issued an order extending all the response deadlines, including defendants’ deadlines to reply to the responses, and continuing the hearing, formerly scheduled for August 21, until September 5, 2017 at 10 a.m. in James Otero’s courtroom 10C in the First Street Federal Courthouse. Transcription of the order after the break.
Continue reading Judge Otero Extends All Lunada Bay Boys Case Deadlines, Moves Hearing To September 5 From August 21 →

Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Defendant Sang Lee Ordered To Produce Everything On His Damn Phone Except His Home Address, Emails From His Lawyer, And His Porn Collection, And To Do It By 2 P.M. Today

July 25, 2017 Mike Leave a comment

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, a few days ago, 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.

Well, they had another telephone conference about Sang Lee’s phone this morning, and Oliver, having inspected everything on the phone in secret, issued an order compelling Sang Lee to hand over everything on the phone except “sensitive personal photographs, Defendant Lee’s residential address, and communications between Defendant Lee and his attorneys.” (As always, there’s a transcription of the order after the break).¹ Continue reading Lunada Bay Boys Defendant Sang Lee Ordered To Produce Everything On His Damn Phone Except His Home Address, Emails From His Lawyer, And His Porn Collection, And To Do It By 2 P.M. Today →

Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys OMFG More Motions For Summary Judgment: Charlie And Frank Ferrara Now — Perhaps This Is The Last Of Them?

July 25, 2017 Mike Leave a comment

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.

The last ten days have seen defendant after defendant file motions for summary judgment saying that they themselves didn’t personally do anything to the plaintiffs so the case against them should be dropped. I wonder if this is related to the fact that the case wasn’t certified as a class action? Like maybe the defendants did stuff to other people who just don’t happen to be the plaintiffs?

In any case, yesterday night late Charlie and Frank Ferrara filed their motions and a bunch of supporting paper. It all looks really interesting but I don’t have time to do more than provide links to the documents in the Archive.Org collection of pleadings in the case. They are after the break, and here is a list of all of my posts on these motions for summary judgment so far:

Oh, one little thing more. In this Declaration of Tiffany Bacon in support of Charlie Ferrara’s motion, which has tons of excerpts from depositions, we find this stunning bit of lawyer humor when they’re asking Charlie Ferrara if he heard Jalian Johnston sexually harassing Diana Reed. Samantha Wolff is asking questions, Ms. Hurley is representing Charlie Ferrara:

Q. Do you recall whether or not Mr. Johnston was acting in a sexually suggestive manner at the time?

MS. HURLEY: Objection, calls for speculation, calls for expert opinion testimony, lacks foundation.

Calls for expert opinion testimony indeed, friends!

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 OMFG More Motions For Summary Judgment: Charlie And Frank Ferrara Now — Perhaps This Is The Last Of Them? →

Cory Spencer v. Lunada Bay Boys

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

July 24, 2017 Mike Leave a comment

Jalian Johnston spraying beer on Diana Reed next to the Lunada Bay Boys fort. Brant Blakeman: They taught me at the Palos Verdes School Of Bro-fessional Surf Thuggery that smiles equal consent…”

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.

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 →

Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Parties Jointly Ask Judge Otero To Dismiss Suit Against Anonymous Minor Defendant NF, Michael Papayans Files Motion For Summary Judgment

July 24, 2017 Mike Leave a comment

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 unanticipated¹ 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 →

Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Defendant Sang Lee Files Motion To Dismiss All Counts Against Him Except Negligence Cause He Didn’t Do Nothing, Your Honor!

July 21, 2017 Mike Leave a comment

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! →