Category Archives: Lawsuits

Announcements, Hollywood Property Owners Alliance, Lawsuits, Los Angeles City Government

City of Los Angeles Sued Over 8150 Sunset Blvd, Also Vast Collection Of Stay-Away Orders For Hollywood Entertainment District Arranged By Neighborhood Prosecutor Jackie Lawson And Others

December 4, 2016 Mike Leave a comment

Although I don’t really have time to cover land use issues here, sometimes they have an intersection, however tenuous, with public records activity. Also, since BIDs are universally in favor of all development, no matter how illegal or stupid it might be, and they talk about it incessantly at their meetings in between planning to deport homeless people to Manzanar or whatever, it seems useful to collect some material on these issues here. One such instance is the stupidly huge development at 8150 Sunset Blvd.,¹ recently approved by the LA City Council over the objections of freaking everybody.

So an organization called Fix the City² sued the City on Thursday³ over various aspects of the 8150 Sunset project.⁴ I’m going to collect the filings on this case, starting with the verified petition filed Thursday, and you can get them via the menu structure or also:

This dedicated page for the lawsuit.
Directly from static storage.

Also, you may recall that in February 2015 I asked the LAPD for material on stay-away orders for the Hollywood Entertainment District. By October of this year they had not yet even responded to my request, leading to my filing a complaint with LAPD internal affairs over this dereliction of duty. There’s no news on the complaint yet,⁵ but they did finally send me a bunch of the actual orders. There’s a lot of material here, so for now they’re only available via our Archive.Org collection. I hope to write on this fairly soon, but perhaps you can already see just how vitally important this information is. Turn the page for a few preliminary⁶ considerations.
Continue reading City of Los Angeles Sued Over 8150 Sunset Blvd, Also Vast Collection Of Stay-Away Orders For Hollywood Entertainment District Arranged By Neighborhood Prosecutor Jackie Lawson And Others →

Announcements, Central City East Association, Lawsuits, Los Angeles City Government, Venice Beach BID

Many New Documents: CCEA Emails, Venice Beach BID Emails, Carol Schatz Freakout, Chua v. City of LA

November 24, 2016 Mike Leave a comment

A rare photograph of MK.org secret headquarters and Fortress of Solitude, located in an undisclosed location in the heart of North Central Hollywood.

Happy Thanksgiving, friends! Today I have an unanalyzed document dump for you. There’s a lot of fabulous material here, and I’ll be writing about much of it over¹ the next few days. For now, though, there’s just a bare inventory, which you can find directly after the break.
Continue reading →

Lawsuits

Street Vending Lawsuit Trial Date Set For January 30, 2018, Fashion District BID Finally Sets Out Preliminary Position On Allegations

November 23, 2016 Mike Leave a comment

This kind of thing really has to stop soon. This man was arrested and handcuffed in Hollywood and his ice cream set out to melt by the Andrews International BID Patrol, but the LAPD does the same and worse, as mostly likely does the Fashion District BID's rent-a-cops. — This kind of thing really has to stop soon. This man was arrested and handcuffed in Hollywood and his ice cream set out to melt by the Andrews International BID Patrol, but the LAPD does the same and worse, as mostly likely does the Fashion District BID’s rent-a-cops.

You can read up on the background in this 2015 LA times story and also in our multiple stories on the subject. Most of the paper filed in the case is available here.

A number of new documents have been filed in the National Lawyers’ Guild’s suit against the City of Los Angeles and the Fashion District business improvement district for their disgraceful treatment of street vendors. Here’s a list, followed by my usual uninformed commentary:

Joint Rule 26(f) report — This is a surprisingly interesting document. It’s evidently required by Federal Rule of Civil Procedure 26(f), which regulates pretrial discovery agreements. For our purposes, though, it also seems to require that all the parties lay out their views of the case. This is especially interesting with respect to the Fashion District, which, even though it did answer the complaint, did so in a completely vacuous manner. There’s some substance here, and I discuss it after the break.
Court Order re: Scheduling Conference — Here Judge O’Connell cancels a settlement conference that was to be held Monday, orders that the parties complete the dispute resolution process by December 4, 2017, and file a joint report on it within 7 days of its conclusion.
Court Order re: Alternative Dispute Resolution — This order declares that the Alternative Dispute Resolution will be handled by the Magistrate Judge assigned to the case.
Order for Civil Jury Trial With relevant dates — This is an order for a trial, to take place on January 30, 2018, and other relevant dates.

Continue reading Street Vending Lawsuit Trial Date Set For January 30, 2018, Fashion District BID Finally Sets Out Preliminary Position On Allegations →

Lawsuits

Hollywood-Based Street Photographer Shawn Nee Filed Suit In July Against City of LA, Charlie Beck, Individual LAPD Officers, For Preventing Him From Freely Photographing Police

November 19, 2016 Mike Leave a comment

LAPD Officer Stuart Jaye blocking documentary photographer Shawn Nee from filming police activity on July 5, 2015.

Shawn Nee is a documentary photographer who lives in Hollywood and films police around the City of Los Angeles. Here’s an excellent interview with him along with a selection of his work. I also recommend this short film about Nee’s work on Hollywood Boulevard on Halloween 2014.

His YouTube channel is filled with recordings of LAPD officers angry with him for photographing them. In particular, on July 5, 2015, LAPD Officer Stuart Jaye blocked his line of sight while he was taking still photos of police activity. Also, on November 10, 2015, LAPD Officer Pearson actually grabbed his phone while he was recording police activity. These two incidents form the basis of a suit filed by Nee on July 7, 2016. This episode is also worth watching even though it isn’t mentioned in the suit.

This seems like it’s going to be interesting, so I started a page for this suit in the menu structure, or you can access the material directly from local storage. There’s not much in there yet, but the initial complaint is well worth your time to read. There are some selections after the break as well as a description and some documentation of a tangential BID Patrol connection from 2008!
Continue reading Hollywood-Based Street Photographer Shawn Nee Filed Suit In July Against City of LA, Charlie Beck, Individual LAPD Officers, For Preventing Him From Freely Photographing Police →

Lawsuits

Judge Kronstadt Tentatively Inclined To Grant Class Certification In Chua V. City of LA But Has Some Concerns. National Lawyers Guild Responds With Supplemental Brief As Ordered. NLG Is Willing To Talk But City of LA Uninterested In Settling At This Time.

November 19, 2016 Mike Leave a comment

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

In July of this year the plaintiffs in Chua v. City of Los Angeles, based on LAPD misconduct during 2014 protests concerning Michael Brown, filed a motion for certification as a class action suit. The City of Los Angeles did not oppose the motion. But, of course, even if the parties to a suit agree, these things are still up to the Judge. A hearing on the motion was held on November 7, and Judge Kronstadt stated his “tentative views that [he] is inclined to grant in part Plaintiffs’ Motion for Class Certification. However, evidently he still had some questions about his decision, because he instructed the plaintiffs to supplement their motion for class certification with some additional briefs, which were due and filed last Monday, the 14^th of November. They are linked to directly below, and you can find some quotations and uninformed discussion after the break.

Interestingly, those minutes also note that the City isn’t presently interested in settling matters:

The Court confers with counsel regarding settlement. Plaintiffs are open to participating in a settlement conference now while defense counsel believes it is premature at this time.

Continue reading Judge Kronstadt Tentatively Inclined To Grant Class Certification In Chua V. City of LA But Has Some Concerns. National Lawyers Guild Responds With Supplemental Brief As Ordered. NLG Is Willing To Talk But City of LA Uninterested In Settling At This Time. →

Lawsuits

The Suit Goes On: Judge Beverly Reid O’Connell Files (Moderately Sarcastic) Order Denying City Of LA’s Motion To Dismiss Street Vending Lawsuit

November 17, 2016 Mike Leave a comment

Federal Judge Beverly Reid O'Connell, in whose court the NLG's street vending case is being heard. — Federal Judge Beverly Reid O’Connell, in whose court the NLG’s street vending case is being heard.

This is just a quick note to memorialize the fact that, after the City of Los Angeles filed a motion to dismiss the lawsuit against it and the Fashion District BID brought by a number of downtown street vendors, tonight Judge Beverly Reid O’Connell filed a 16 page order denying everything, which of course means that the case will go on.¹ The standard for denying a motion to dismiss is essentially that the plaintiff “…pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” The Judge found that they had, so the case will go on. Recall also that there was a hearing on the City’s motion scheduled for Monday, November 21. O’Connell canceled this hearing because “the Court deems this matter appropriate for resolution without oral argument of counsel.” That’s gotta hurt.

Briefly, one of the arguments raised by the City of LA is that the vendors’ organization, the Unión Popular de Vendedores Ambulantes, lacks standing to sue.² More on this and some quotated snark after the break.
Continue reading The Suit Goes On: Judge Beverly Reid O’Connell Files (Moderately Sarcastic) Order Denying City Of LA’s Motion To Dismiss Street Vending Lawsuit →

Announcements, Lawsuits

Street Vendors Reply To City of LA’s Motions To Strike And To Dismiss, Also Important Records From Department Of Sanitation, Including The City’s Standard Operating Procedure For Cleaning Up Homeless Encampments

October 24, 2016 Mike Leave a comment

Good evening, Friends! I haven’t had time to write much recently and I won’t have time for another day or two because the latest installment in the MK.Org LAMC 49.5.5 project is turning out to be more complex than I’d anticipated. I expect to have it done with by the end of this week. This is just a short interim post to announce some new records.

First, you may recall that a couple weeks ago the City of LA filed a couple of motions in the street vending lawsuit. These were:

A motion to dismiss the case and
A motion to strike some material from the Plaintiffs’ complaint.

Tonight the plaintiffs filed their responses to these motions:

And turn the page for some material from the Department of Sanitation relating to homeless encampment cleanups. Most importantly, there is the City-Attorney-approved Standard Operating Procedure manual for cleanups. This is stunning, essential information.
Continue reading Street Vendors Reply To City of LA’s Motions To Strike And To Dismiss, Also Important Records From Department Of Sanitation, Including The City’s Standard Operating Procedure For Cleaning Up Homeless Encampments →

Lawsuits

Defendant City of Los Angeles Files Motion To Dismiss Street Vending Lawsuit, Motion To Strike Putatively Irrelevant Material, Gratuitously Compares Street Vendors To Human Traffickers And Drug Dealers; Hearing Scheduled For November 21 At 1:30 P.M.

October 11, 2016 Mike Leave a comment

An image from a recent journey to the Fashion District, unrelated to anything discussed in this post or, for that matter, on this blog.

Recall that last week we learned that settlement talks in the Street Vendors lawsuit seemed to have fallen through, that the plaintiffs filed an amended complaint, and that the City of LA denies everything.¹ Well, today a couple more items² hit PACER, which are:

Defendant City of L.A.’s Motion to Dismiss
Defendant City of L.A.’s Motion to Strike — Wherein the City of L.A. asks the Court to drop some material from the Complaint because it’s irrelevant.

The motion to dismiss isn’t that different from the motion to dismiss that the City filed in May but then withdrew a few days later. It doesn’t seem plausible,³ and you can read it for yourself. The motion to strike is more interesting, and you can read about it after the break.
Continue reading Defendant City of Los Angeles Files Motion To Dismiss Street Vending Lawsuit, Motion To Strike Putatively Irrelevant Material, Gratuitously Compares Street Vendors To Human Traffickers And Drug Dealers; Hearing Scheduled For November 21 At 1:30 P.M. →

Lawsuits

Street Vending Lawsuit Settlement Talks Seem To Have Failed, Trial Seems To Be Gonna Happen, Fashion District BID Files Response To Complaint Consisting Of All Syntax, No Semantics

October 5, 2016 Mike Leave a comment

When last I wrote about the street vending lawsuit against the Fashion District BID and the City of Los Angeles, the parties were getting extension after extension based on their mutual representations that settlement talks were proceeding apace. Well, that’s all over with. In fact, at this point I feel like my amateurism has led me down the with-good-intentions-paved garden path like the cat i’ th’ adage and actually no one ever really thought anyone was going to settle, but this is just some ceremony that’s habitually performed for the first year of a federal lawsuit, and now that they have it over with they’re going to get down to tacky brass knuckles. I have no idea, but I do know that recently the following items have been filed on PACER:
Continue reading Street Vending Lawsuit Settlement Talks Seem To Have Failed, Trial Seems To Be Gonna Happen, Fashion District BID Files Response To Complaint Consisting Of All Syntax, No Semantics →

Lawsuits

Chua v. City of L.A. to Remain Unconsolidated With Other LAPD-Acting-Badly Cases, Stay With Judge John Kronstadt

September 26, 2016 Mike Leave a comment

See this article from the LA Times and our previous posts on the subject for the background to this post. All of the filings can be found here.

Mere moments ago, Judge John Kronstadt, before whom Chua v. City of L.A. is being heard, filed an order declining to transfer or combine this case with a couple other cases arising from the same set of anti-police-brutality protests in the Fall of 2014.¹ This is evidently in response to this Notice of Related Cases filed last Wednesday by the plaintiffs. I’m not sure what it all means, but the Judge sounds a little cranky, as you may see after the break if that’s the way your pleasure tends.
Continue reading Chua v. City of L.A. to Remain Unconsolidated With Other LAPD-Acting-Badly Cases, Stay With Judge John Kronstadt →