Category Archives: Lawsuits

City of Los Angeles Treats Perfectly Legal Pornography as “Contraband,” Confiscates it from the Homeless and Destroys it

April 7, 2016 Mike Leave a comment

Pornography seized from Salvador Roque and destroyed as contraband by the City of Los Angeles.

(See Gale Holland’s excellent story in the Times for background).

Pleadings filed by the City of Los Angeles yesterday in Mitchell v. Los Angeles reveal that the Bureau of Sanitation confiscates and destroys pornography in the possession of homeless people, putting it on a par with hazardous and/or toxic material and other contraband. This practice is consistent with the moralizing attitude taken by LAPD RESET¹ on their Twitter feed towards similarly legal activities when carried out by the homeless, e.g., alcohol consumption.

On Tuesday the City of Los Angeles moved that a number of the causes of action in the case be dismissed. One of their main arguments was that the plaintiffs failed to argue that their property “…was lawful to possess, and was clean or at least uncontaminated by direct contact with or close proximity to the hazardous materials common on a Skid Row street – feces, rats, maggots, blood, etc. – such that the property did not pose an immediate hazard to health.
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Lawsuits

City of LA Files No-Holds-Barred Opposition to Plaintiffs’ Application for Restraining Order Against Enforcement of LAMC 56.11; Accuses both Plaintiffs and their Attorneys of Lying, Requests Sanctions Against Them

April 6, 2016 Mike Leave a comment

[Updated on April 9 to remove information that the plaintiffs have requested that the court place under seal. I’ll reevaluate this elision after the court rules.]

(See Gale Holland’s excellent story in the Times for background).

Recall that on April 1, the plaintiffs in Mitchell v. Los Angeles asked the court to enjoin the City from confiscating the plaintiffs’ property while the case was pending. Today the City filed its opposition to this application. The pleading pulls no punches:

Defendant City of Los Angeles hereby opposes the Plaintiffs’ request for a temporary restraining order. The grounds for the opposition are that the Plaintiffs have misrepresented the facts which led to the destruction of their property, there is no widespread practice violating federal law which requires enjoining, and there is no urgency justifying ex parte relief.

Further, should the Court deem it appropriate, the City requests that the Court set a Rule 11 briefing to determine an appropriate amount of sanctions against Plaintiffs and their counsel, jointly and severally, for submitting factual contentions which have no evidentiary support. In the alternative, the City requests that the Court set said hearing at least against Plaintiffs Escobedo and Roque and their counsel, jointly and severally.

The relevant part of Rule 11 seems to be:

(b) By presenting to the court a pleading, written motion, or other paper—whether by signing, filing, submitting, or later advocating it—an attorney or unrepresented party certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances:
…
(3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery; and

The City also filed a number of other interesting items, which I have not yet have time to read in detail. You can find a list of them and some more detailed selections from the Opposition after the break.
Continue reading City of LA Files No-Holds-Barred Opposition to Plaintiffs’ Application for Restraining Order Against Enforcement of LAMC 56.11; Accuses both Plaintiffs and their Attorneys of Lying, Requests Sanctions Against Them →

Lawsuits

City Files Motion to Dismiss Mitchell v. Los Angeles, Hearing Set for Monday, May 9 at 10 a.m.

April 5, 2016 Mike Leave a comment

(See Gale Holland’s excellent story in the Times for background).

Today the City of Los Angeles, defendant in Carol Sobel et al.’s latest suit on behalf of homeless people, filed a motion to dismiss many of the causes of action in the complaint. There is also an associated request for judicial notice regarding one of the facts recited in the motion. The issues seem mostly technical and beyond my capacity to interpret, but I will venture some comments on one claim by the City. They seem to assert (at p.5, L.9) that one of the causes should be dismissed because the initial complaint didn’t argue that the City didn’t have a valid reason for seizing and destroying the property at issue. Specifically that
Plaintiffs never plead that all of the property seized was lawful to possess, and was clean or at least uncontaminated by direct contact with or close proximity to the hazardous materials common on a Skid Row street – feces, rats, maggots, blood, etc. – such that the property did not pose an immediate hazard to health.
And further, that because it’s at least plausible that the property was contaminated just by being on Skid Row, the only allowed relief from the destruction of their property is money damages from the City. I don’t see how this can be right, though.
Continue reading City Files Motion to Dismiss Mitchell v. Los Angeles, Hearing Set for Monday, May 9 at 10 a.m. →

Lawsuits

A Flurry of Filings in Mitchell et al. v. City of LA et al. Suggests that Homeless Advocates May be Trying to have City Enjoined from Enforcing Newly Amended LAMC 56.11

April 1, 2016 Mike Leave a comment

Mitchell v. Los Angeles, the latest in a series of suits filed by homeless people who’ve had their property illegally confiscated by the City (see Gale Holland’s recent article for an excellent summary) took an interesting turn today, when a flurry of filings hit PACER. First of all, the plaintiffs asked the court for a preliminary injunction and a temporary restraining order enjoining the City from confiscating their property while the case is on. They filed a huge number of declarations and other evidence in support of this application, many although not all of which can be found on our page dedicated to the case. The City asked for extra time to respond and the court granted them some.
Continue reading A Flurry of Filings in Mitchell et al. v. City of LA et al. Suggests that Homeless Advocates May be Trying to have City Enjoined from Enforcing Newly Amended LAMC 56.11 →

Lawsuits

Lavan Case Settlement Likely to Come Before Full LA City Council by End of April 2016

March 31, 2016 Mike Leave a comment

I reported last December that court filings suggested that Lavan case was likely to be close to settlement (see here for a summary of the issues involved). A Report on the Status of the Settlement Process that hit PACER just now gives more detail. In particular, the settlement agreement is scheduled for the Claims Board on April 11 and is likely to come before the full City Council by the end of April. Get the PDF here or read the important part after the break. You read it here first!
Continue reading Lavan Case Settlement Likely to Come Before Full LA City Council by End of April 2016 →

Lawsuits

LACW/LACAN Lawsuit: Settlement Conference Scheduled for April 5, 2016; Hearing on Discovery-Related Contempt Continued Until May 4, 2016

March 28, 2016 Mike Leave a comment

According to an order that just hit PACER, the parties in the LA Catholic Worker and LA Community Action Network suit against the Central City East Association and the City of Los Angeles are meeting on April 5 to discuss settling the case. You may recall that a hearing on an application for contempt was already set for that date. According to Magistrate Judge Andrew J. Wisterich, who’s handling discovery matters in the case, and whose order postponed the hearing:

The court has been informed that a settlement conference has been scheduled for April 5, 2016, at 9:30 a.m. To allow the parties to devote their full attention to exploring the possibility of settlement, the hearing is continued to May 4, 2016, at 11:00 a.m.

That’s all we know!

Lawsuits

City Ordered to Pay Plaintiffs’ Attorneys $38,818.49 in Fees and to Comply with Discovery; Additional Hearing Set for April 5, 2016

March 24, 2016 Mike Leave a comment

On Monday, March 21, 2016, there was a hearing on the plaintiffs’ application to have the City of Los Angeles held in contempt for its failure to comply with discovery orders in the ongoing lawsuit against the City and the CCEA over the illegal confiscation of the property of homeless people. Recall that the plaintiffs asked the Judge to award them more than $40,000 in fees and to declare that the City was at fault as a punitive measure.

Well, the order resulting from that hearing just hit PACER, and the plaintiffs got some but not all of what they asked for. In particular, they were awarded $38,818.49 in fees. Judgement on the rest of the plaintiffs’ requests was deferred. There will be another hearing on April 5, 2016, at 10:30 a.m. in in Courtroom 690 of the Roybal Building, presumably after which the rest of the matters will be decided. According to the order, by 48 hours in advance of the hearing,

The City is directed to complete its production, serve supplemental responses to the requests for production, respond in writing to the questions asked in plaintiffs’ March 15, 2016 letter from Myers to Whitaker, serve a complete and detailed privilege log, file and serve a report describing the status of its compliance with this and other court orders, and pay the sanctions awarded by this order…

And there are more selections after the break.
Continue reading City Ordered to Pay Plaintiffs’ Attorneys $38,818.49 in Fees and to Comply with Discovery; Additional Hearing Set for April 5, 2016 →

Lawsuits

Updated Exhibit F Filed Tonight in LACW/LACAN v. City of LA, CCEA Lawsuit, Includes Detailed List of Weird Lacunae in City’s Discovery Production

March 20, 2016 Mike Leave a comment

This is just a very quick note to memorialize tonight’s filing by the plaintiffs in the Los Angeles Catholic Worker and Los Angeles Community Action Network’s suit against the City of Los Angeles and the Central City East Association. Last Wednesday the plaintiffs filed a massive set of declarations and other stuff about ongoing problems with the City’s discovery production in preparation for tomorrow’s hearing (at 10 a.m.) on the plaintiffs’ application to have the City held in contempt. First there is a notice of errata stating that they left part of one exhibit out of the Declaration of Shayla Myers in support of the application for contempt, and then, more interesting, the corrected Exhibit F. Some details after the break.
Continue reading Updated Exhibit F Filed Tonight in LACW/LACAN v. City of LA, CCEA Lawsuit, Includes Detailed List of Weird Lacunae in City’s Discovery Production →

Lawsuits

City Files Response to Application for Contempt and Sanctions Stating Essentially that they did Hand Over Documents, they are Handing Over Documents, and they Will Hand Over More Documents and the Computer Ate their Homework so it’s not their Fault

March 18, 2016 Mike Leave a comment

On Wednesday the plaintiffs in the LACW/LACAN lawsuit against the City of Los Angeles and the Central City East Association filed materials in support of their application for contempt and sanctions against the City of Los Angeles, who, they claim, is not producing discovery materials according to the already-much-extended schedule. Tonight the City filed two documents in response: A declaration of Ronald Whitaker, who’s the Assistant City Attorney handling the case for the City, and a declaration of LeShon Frierson, who is a senior system analyst with the LAPD, and is the Person Most Knowledgeable (PMK) regarding the LAPD’s email systems.
Continue reading City Files Response to Application for Contempt and Sanctions Stating Essentially that they did Hand Over Documents, they are Handing Over Documents, and they Will Hand Over More Documents and the Computer Ate their Homework so it’s not their Fault →

Lawsuits

Documents Filed Just Now in LA CAN/LACW Suit Against City of LA, CCEA, Ask for Award of $46,568 in Costs and Entrance of Long List of Damning Facts as True

March 16, 2016 Mike Leave a comment

I reported a couple weeks ago about the hearing on plaintiffs’ motion to hold the City of LA in contempt for failing to produce discovery documents. The order scheduling the hearing also required the plaintiffs to submit pleadings today outlining the status of the discovery requests and also detailing how much in fees and costs they were asking for. Those documents were filed tonight around 6:30 p.m. and I have them for you here:

Shayla Myers’s declaration has multiple goodies in the exhibits, including a full transcript of the deposition of LAPD Information Technologist LeShon Frierson, in which he revealed for the first time in February that the LAPD does in fact use an email archiving product called GWAVA Retain, which, notably, allows keyword searches across mailboxes, something which the City had wrongly denied was possible. I speculated about this issue in December 2015, so it was a treat to find out that they had this capability, and it’s a treat now to read the actual words of LeShon Frierson describing the software and how it’s used. There are beaucoup emails in there too between Myers and Ronald Whitaker, who’s representing the City. It’s fascinating if, like me, you just can’t resist reading other people’s correspondence.
Continue reading Documents Filed Just Now in LA CAN/LACW Suit Against City of LA, CCEA, Ask for Award of $46,568 in Costs and Entrance of Long List of Damning Facts as True →