Category Archives: Lawsuits

Two-Fer Tuesday: Westchester Town Center BID And Melrose BID Both Sued To Enforce Compliance With The California Public Records Act

Remember Don Duckworth? Big bad BID boss of both the Melrose BID and the Westchester Town Center BID?? We haven’t heard from Mr. Duckworth here on the blog in a long old time even though he is quite an interesting character, what with his BID analyst switcheroos and his kooky Brown-Act-flouting bylaws and that whole Calabasas episode and so forth.

His absence from my literary life has not, however, been by choice.1 The fact is that circa last June the guy just decided to stop responding to my CPRA requests altogether. No records, no answers, no nothing from Don Duckworth. Hence no joyously mocking blog posts and so on. Well, friends, that’s about to change, and change big-time!

You see, my lawyer, the incomparable Anna von Herrmann, recently filed two petitions, one for each of Duckworth’s BIDs, to compel compliance with the CPRA. You can find them here on Archive.Org on pages which I will update if/when the cases generate more paper:

Melrose BID petition
Westchester Town Center BID petition

And turn the page for some excerpts from the Melrose petition! And a little more commentary!!
Continue reading Two-Fer Tuesday: Westchester Town Center BID And Melrose BID Both Sued To Enforce Compliance With The California Public Records Act

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Little Tokyo BID Sued To Enforce Compliance With California Public Records Act — And To Put An End To Their “secrecy, obstruction, and lawlessness”

This time not by me but by the intrepid Katherine McNenny. It’s the same old story, though. As you may remember, the Little Tokyo BID was chin-deep in the anti-SRNC conspiracy coordinated by the Voodoo queen of Skid Row herself, Ms. Estela Lopez. Thus it was natural for Katherine McNenny, one of the SRNC proponents, to try to discover more about the BID’s role using the California Public Records Act.

Ellen Endo, BID president and chief apologist, wasn’t having it, though. It took her almost a year to even respond, and even then she didn’t respond appropriately.2 Even worse than not responding, at no time did she produce any records. She still hasn’t. As we’ve all come to learn, most tragically, our esteemed legislature has left citizens in this position with no recourse but to file a petition in Superior Court, and that’s just what Katherine McNenny did!

Here’s a link to the petition itself, which is well worth reading for many reasons, not least of which is its stirring defense of the very weighty public interest in seeing fair play in the SRNC election process. Selections of this latest triumph by the incomparable Abenicio Cisneros are transcribed after the break, and you might keep an eye on this page on Archive.Org for future developments. If you don’t have time for all that deep dive jive, though, just read this one stunning paragraph:

In denying access to the requested records, the BID has obscured its role in a matter of public significance. The residents of Skid Row labored and organized to create a local governing body for the purpose of better coordinating with City government to meet the needs of some of Los Angeles’ most imperiled and dispossessed residents. The formation of the SRNC was opposed by United DTLA, a secretive organization employing a prominent-and no doubt expensive-lobbyist, which apparently enjoyed funding and in-kind support by Respondent and other Business Improvement Districts. Petitioner, after obtaining glimpses of Respondent’s involvement, lawfully requested records which, if disclosed, will throw into the full light of day the nature and scope of Respondent’s efforts to defeat Skid Row residents’ hopes for a neighborhood council of their own. When faced with this exposure, Respondent refused access and opted instead for secrecy, obstruction, and lawlessness. Respondent neglected every obligation imposed by the CPRA and refused to provide even a single record, in clear violation of the law.

Continue reading Little Tokyo BID Sued To Enforce Compliance With California Public Records Act — And To Put An End To Their “secrecy, obstruction, and lawlessness”

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Venice Beach BID Sued To Enforce Compliance With The Public Records Act

Yeah, perhaps you recall that in February 2017 I sent a public records act request to the newborn Venice Beach BID and executive directrix Tara Devine has been conscientiously ignoring it ever since. And so I hired a lawyer. And the lawyer filed this petition in Los Angeles County Superior Court. And served the petition on the BID yesterday.

Of course, this is the same course of action that the Larchmont Village BID recently thrust upon me. I wish there was some way to get these BIDdies to follow the law other than by filing petitions against them but the State Legislature, in its inscrutable wisdom, has made this the only remedy. Sad but true. Stay tuned for more information and turn the page for some excerpts from the petition.
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World Exclusive News Flash!! Lunada Bay Boys Surf Gang Has Started Rebuilding Illegal Rock Fort On Public Beach At Lunada Bay — Amended Class Action Complaint Filed By Plaintiffs In Los Angeles County Superior Court On Friday — A Gripping And Nauseating Account Of Decades Of Multigenerational Rapey Racist Violence By Spoiled Brat Zillionaire Localist Surf Thugs

As of April 2018 the vicious gang of zillionaire thugs known as the Lunada Bay Boys have started rebuilding their illegal rock fort on the beach at Lunada Bay. Click photos to enlarge.
For background take a look at this excellent article from the Times on the federal lawsuit. Also see here to download all pleadings in the federal case and see here for the state court pleadings. You can also read all my posts on both cases.

I haven’t been writing on the Lunada Bay Boys case since District Court Judge James Otero dismissed most of the federal part, although the state action still continues. This hasn’t been out of a lack of interest, but mostly because other things keep coming up, and also I’m familiar with PACER and know very little about state level courts’ document systems. But I’m taking the story up again!

The big newsflash is that the Lunada Bay Boys, thuggish white-privilege-fueled morons that they are, evidently couldn’t live without their damn rock fort. Or they couldn’t live with the fact that some government agency, controlled by darkies, just ask them, had the power to force the demolition of their damn rock fort. It amounts to the same thing in the end, and, as the photos at the top of this post, taken in April 2018, demonstrate, they have started rebuilding it, contrary to the laws of God and the State of California. This, they’re going to pay for. They’re too blinded by white privilege to see it, but it’s nevertheless true as true can be.

And I started a page on Archive.Org to collect the pleadings going forward. There are two items in there now, and turn the page for links and brief discussion.
Continue reading World Exclusive News Flash!! Lunada Bay Boys Surf Gang Has Started Rebuilding Illegal Rock Fort On Public Beach At Lunada Bay — Amended Class Action Complaint Filed By Plaintiffs In Los Angeles County Superior Court On Friday — A Gripping And Nauseating Account Of Decades Of Multigenerational Rapey Racist Violence By Spoiled Brat Zillionaire Localist Surf Thugs

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Larchmont Village BID Sued To Enforce Compliance With The California Public Records Act

It’s been two-ish years now since I sent my first CPRA request to the kooky little South Central Hollywood gang of white supremacist law-flouting gangster thugs known to the world as the Larchmont Village Business Improvement District.

That first time they ignored me and they ignored me and they ignored me until finally I had to hire a lawyer and pry the goodies out of their creepy grasping fingers by main force. But, as we know, the thug life is a powerful draw, and gangsters get hooked on lawbreaking like a drug. Despite being given every chance by society to reform their outlaw ways, these hardcore BIDdies sadly persisted in their chosen life of crime.

As you may recall, they’ve never managed to comply with the damn Brown Act, despite occasional signals that either they were going to start complying or maybe that the City of Los Angeles was going to force them to comply. And after that one time in 2016 they’ve never managed to comply with the CPRA again. I sent them a few requests in May 2017 which they ignored and ignored and ignored.

And so, as before, I hired a lawyer. And the lawyer filed this petition in Los Angeles County Superior Court. And served the petition on Tom Kneafsey earlier this week. And served a letter to Cap’n Tom along with the petition. I wish there was some way to get these BIDdies to follow the law other than by filing petitions against them but the State Legislature, in its inscrutable wisdom, has made this the only remedy. Sad but true. Stay tuned for more information and turn the page for some excerpts from the petition.
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Judge James Chalfant Issues Final Judgment In Okulick Petition Against The Venice Beach BID — The News Is Not Good, Friends, Even Though It Seemed Last Month Like It Was Going To Be


I created a page on Archive.Org to collect pleadings from the Okulicks’ case, and you can find it right here. Unfortunately right now I only have the original petition and yesterday’s tentative ruling, since adopted as final. This article from the Times is also useful background.

Yesterday afternoon the final hearing in the Okulick’s lawsuit against the Venice Beach BID took place before Judge James C. Chalfant in Department 85 of the Stanley Mosk Courthouse of the Los Angeles County Superior Court. One of the petitioners’ claims was that BIDs don’t give any special benefits to property owners whose parcels are zoned commercial but are used solely as owner-occupied residential.

Last month, it seems, Chalfant agreed with the petitioners, stating in his tentative ruling at that time that:

The Petition for writ of mandate is granted in part. Only the portion of the assessment directed to properties used by their owner exclusively as their residence is unlawful. A writ shall issue directing a refund of that portion of the assessment and Petitioners are entitled to a declaratory judgment to that effect. In all other respects, the Petition is denied.

However, it seems that the respondents, i.e. the City of Los Angeles and the Venice Beach BID, convinced him to hold off on making this ruling final to allow for another round of briefing just on the specific part where he found in favor of the Okulicks. I don’t have copies of those briefs, but yesterday’s hearing consisted of the oral argument surrounding them. Whatever the City of LA put in its brief did the nasty trick, evidently.

By yesterday Chalfant had changed his mind completely, and nothing that the petitioners’ lawyer, the brave, the honorable Geoffrey T. Stover, could say would sway the judge. Turn the page for the money quote from yesterday’s bad news tentative ruling and a little bit of amateur discussion based on notes I took at the hearing.
Continue reading Judge James Chalfant Issues Final Judgment In Okulick Petition Against The Venice Beach BID — The News Is Not Good, Friends, Even Though It Seemed Last Month Like It Was Going To Be

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Mere Moments Ago Judge David Carter Issues Minute Order Extending His Temporary Restraining Order Against Orange County Or Cities Evicting Homeless People From Santa Ana River Bed Until The End Of Tomorrow, Wednesday, February 14

For background, see Luke Money‘s excellent coverage in the Times, starting with this January 29 article on the Lawsuit and continuing with this article on the February 13 hearing. Coverage is also being handled by Hannah Fry and Doug Smith. You can also download selected pleadings in the case from our Archive.Org site.

This morning a hearing was held before Judge David Carter on the plaintiffs’ motion to grant a temporary order restraining local governments from evicting or arresting homeless people on the bed of the Santa Ana River3 Last week, in anticipation of today’s hearing, Carter issued a temporary injunction which is set to expire at midnight tonight.

Today’s hearing was meant to determine whether the injunction should be extended. It seems that the hearing is continuing over until tomorrow, because mere moments ago he filed a minute order extending the temporary restraining order until tomorrow night “[b]ecause the hearing is continuing to February 14, 2018.”Look for the final order here, and find a transcription of tonight’s order after the break.
Continue reading Mere Moments Ago Judge David Carter Issues Minute Order Extending His Temporary Restraining Order Against Orange County Or Cities Evicting Homeless People From Santa Ana River Bed Until The End Of Tomorrow, Wednesday, February 14

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Lunada Bay Boys Judge Otero Grants City Of Palos Verdes Estates And Former Chief Jeff Kepley’s Motion For Summary Judgment, Meaning They Are Out Of The Case!

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.

This is a very short note to announce the breaking news that James Otero, judge in the Lunada Bay Boys case, filed an order last night granting the motion of the City of Palos Verdes Estates and Jeff Kepley for summary judgment. Thus these two defendants are out of the case at this point. The plaintiffs’ theory with respect to these defendants was that they conspired with the Bay Boys to keep outsiders from surfing Lunada Bay.

Plaintiffs alleged two means by which this happened. First, that the City enforced laws, e.g. traffic laws, more harshly against outsiders than against locals. Second, that the City refused to protect outsiders from harassment by locals. The basic finding in the order is that the plaintiffs don’t have enough evidence to support the first kind of claim and that the City as a matter of law has no affirmative duty to protect anyone from harassment or attacks. I apologize for the fact that I don’t have time this morning to transcribe even part of the order, but I recommend it as very interesting, if disappointing, reading.

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Lunada Bay Boys Judge James Otero Accepts Magistrate Judge Rozella Oliver’s Report And Recommendation With Respect To Defendant Brant Blakeman, Thereby Putting Him On The Hook For Monetary Sanctions To Plaintiffs, A New Deposition On His Dime, And Plaintiffs Will Be Allowed To Present Evidence At Trial About Blakeman’s Missing Texts

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.

Listen, I really apologize for the fact that the last you, my audience heard, the Lunada Bay Boys trial was scheduled for February 6. In December Otero cancelled this trial date and has not yet set a new one. I’m not sure why I didn’t write about it, but I didn’t. As soon as a new trial date is set I’ll let you know, and will do my very best to keep on top of announcing cancellations.

The last time we heard from the Bay Boys or their attorneys was in January of this year, with Brant Blakeman mouthpiece Thomas Stobart arguing against Rozella Oliver’s report and recommendation for sanctions against Blakeman for his failure to preserve a bunch of his text messages. His argument essentially consisted of putting scare quotes around everything Oliver wrote in her report, possibly intending to make her recommendations against his client seem silly or something.

That her recommendations were not silly was and is completely obvious to anyone who read Oliver’s report, and thus it was in some sense no surprise that this morning, Judge James Otero filed an order accepting Oliver’s report and recommendations for sanctions against Brant Blakeman. There’s a transcription of this PDF after the break.

In short, though, it requires Blakeman to pay plaintiffs’ attorneys’ fees and costs for the motion for sanctions against him and to submit to another deposition about the text messages he did not preserve (and to pay plaintiffs’ attorneys’ fees and costs for the deposition). It also allows the plaintiffs to present evidence at trial about the missing text messages. It’s not the entire war, but it’s a significant tactical victory for the plaintiffs. Turn the page for a transcription of Otero’s order.
Continue reading Lunada Bay Boys Judge James Otero Accepts Magistrate Judge Rozella Oliver’s Report And Recommendation With Respect To Defendant Brant Blakeman, Thereby Putting Him On The Hook For Monetary Sanctions To Plaintiffs, A New Deposition On His Dime, And Plaintiffs Will Be Allowed To Present Evidence At Trial About Blakeman’s Missing Texts

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Amicus Briefs Filed In Orange County Catholic Worker Case In Support Of Injunction Against Evictions, Hearing On Tuesday Morning, February 13

For background, see Luke Money‘s excellent coverage in the Times, starting with this January 29 article on the Lawsuit and continuing with this article on the February 13 hearing. You can also download selected pleadings in the case from our Archive.Org site.

Last week Judge Carter issued a temporary restraining order prohibiting Orange County, the City of Anaheim, and anyone else who might be minded to do so from arresting anyone on the bed of the Santa Ana River for trespassing, camping, and similar anti-homeless offenses. Prior to this, on February 4, in the order setting the fast-approaching February 13 hearing4 on the plaintiffs’ original application for a restraining order, Carter invited a broad range of non-parties to appear at Tuesday’s hearing:

The Court also welcomes attendance at the hearing and written briefing by any amicus groups, which may include veterans’ organizations, service providers, abused women’s protection and housing organizations, and other cities affected by the homelessness crisis in Orange County that are not named as Defendants in this case.

Well, beginning last Friday and continuing on through tonight, a number of amicus briefs were filed. You can find a list and links to the actual pleadings after the break. Also, although I’m not really committing myself to covering every aspect of this case, it’s been really interesting so far, so I went ahead and set up a page on the Archive to collect pleadings.
Continue reading Amicus Briefs Filed In Orange County Catholic Worker Case In Support Of Injunction Against Evictions, Hearing On Tuesday Morning, February 13

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