Is the Lavan Case Close to a Settlement? Documents Filed in Federal Court Suggest the Answer is Yes and that it May Happen in July 2016

Carol Sobel, lead plaintiffs' attorney in Lavan v. City of Los Angeles
Carol Sobel, lead plaintiffs’ attorney in Lavan v. City of Los Angeles
The Lavan case is kind of off our beat here since it’s not directly linked to BIDs, but I haven’t found any discussion in the news of pleadings filed with the court in early December, so I thought I’d upload them and note their existence here as a public service. (I don’t want to go into the details of the case, but if you’re not already familiar with them, the Argonaut has a reasonable if westside-whiny outline of the situation). On December 2, 2015, the parties to the case filed a Joint Notice of Tentative Settlement, asking Judge Philip Gutierrez to vacate the trial date due to an impending settlement:

As the Court is aware, the parties participated in a settlement conference before Magistrate Judge Woehrle on November 24, 2015, at which time they reached a tentative settlement of the remaining issues in this action. The settlement requires a four-step approval procedure by the City. That process is anticipated to take at least three months, if not longer, particularly in light of the upcoming holidays resulting in the cancellation of several meeting dates for City officials. If the settlement is approved by the City Council, the third step in the process, it then goes to the Mayor, who has 10 days to act on the proposal. The parties have agreed that, if approved by the City, the settlement will be paid at the beginning of the next fiscal year, which is July 1, 2016.

The next day, December 3, 2015, Judge Gutierrez issued an order granting the parties’ joint request. So we’ll see what happens, eh?
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Scope of BID Patrol Surveillance, Counterintelligence Far Broader than Previously Thought: Email to LAPD Demonstrates Long-Term Tracking, Unsupported Allegations of Sexual Misconduct, Drug Use Against BID Opponent

The Andrews International BID Patrol and the Hollywood Property Owners Alliance surveilled this guy for at least 33 months, in part because of his videotaping of BID Patrol operations.  The HPOA involved the LAPD in their surveillance program to some extent.  What a mess.
The Andrews International BID Patrol and the Hollywood Property Owners Alliance surveilled this guy for at least 33 months, in part because of his videotaping of BID Patrol operations. According to Kerry Morrison, BID Patrol boss Steve Seyler kept a “history” of him for years. The HPOA involved the LAPD in their surveillance program to some extent. What a mess.
In October 2015 we wrote about a number of cases where the Andrews International Hollywood BID Patrol collected intelligence information on its perceived enemies, mostly residents of Hollywood who opposed them in some manner. Among these instances of BID Patrol spying there was a mysterious case involving a man named Eric, pictured to the right. Our faithful correspondent has recently obtained a number of emails from the LAPD, which he’s preparing for publication and plans to make available quite soon. We jumped the queue on this email,1 though, because it explains a number of lacunae in our previous post.

It’s from Kerry Morrison to LAPD officer Mark Dibell about Eric, written in September 2014, 33 months after the January 2012 surveillance photographs of the man were taken by the BID Patrol. The subject line is “A matter for Vice.” TL;DR is that Eric “…had a routine of harassing and filming the BID patrol…” and so Kerry Morrison and A/I tracked his movements, photographed him, and almost three years later, wrote to the LAPD on behalf of his new landlord, Kelly Vickers of Eastown Apartments, reporting past, evidently unsupported, allegations of “sexual misconduct…and drug use” among other things. The subject line suggests that Kerry is trying to get this guy in trouble with the Vice squad as a service to one of the property owners in the BID.

How does anyone think this is OK? How does the BID carry on a three year vendetta against this guy for filming their security guards? Sure, Kerry claims it’s because of “sexual misconduct…and drug use,” but really, if the guy was provably up to those things why all the emails and subterfuge? Why not just call the actual cops and make an actual police report like actual non-creepy-zillionaires have to do in such circumstances? It’s pretty unlikely anyway that one can move into a fancy douchebag-serving apartment paradise like Eastown without a criminal background check, so the “allegations” remain only allegations. And even if he was or is guilty of “sexual misconduct…and drug use,” how is investigating that the business of the BID Patrol? They’re freaking security guards, not spies, not detectives.

The City of Los Angeles is famous for using BIDs to implement policies which it itself has been forced to eschew, but this kind of spying, which the contemporary LAPD has explicitly disavowed, reveals this dynamic to be playing out on an entirely unsuspected level. Read the whole thing here or after the break.
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Street Vending Lawsuit Defendants City of LA and Fashion District BID File Requests in Federal Court Yesterday Asking for Extension to January to Respond to Initial Complaint, FDBID and Plaintiffs Intend Attempt to Resolve Informally

This is what all the fuss is about.
This is what all the fuss is about.
Yesterday both defendants in the Street Vendors v. City of LA and Fashion District BID lawsuit filed requests in Federal Court to extend their time to respond to the initial complaint.

The City of LA, in this pleading, asked for an extension of fewer than 30 days, which evidently is granted automatically. With this motion the City is due to respond by January 19, 2016.

On the other hand, the Fashion District BID, in this pleading, with the concurrence (stipulation) of the plaintiffs, asked for more than 30 days to respond. Evidently this requires the approval of the court, so they have to give reasons:
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Some Documents from Horlings Lawsuit against Fashion District BID Available, Illuminating Contradictions of Existence of BID Security

The scene of the crime.
The scene of the crime.
Today I have a minor piece of documention, which is the initial complaint and a bunch of miscellaneous paperwork, available here, in a lawsuit known as Horlings v. City of Los Angeles. I won’t summarize the alleged facts of the case, because I find it impossible to do so without seeming to mock the plaintiffs or to condemn some of the defendants, which I really don’t want to do. The suit is based on a horrific experience, and no one deserves to be mocked for their roles in it. In very general terms the Horlings family was the victim of a crime in Santee Alley and they sued, among other parties, the Fashion District BID based on the BID’s representation that their role and mission was to keep their district safe and clean. They also sued the City of LA, Universal Protection Service, and the LAPD.
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LAPD Senior Systems Analyst’s Declaration in LACW Lawsuit Provides Further Insight into LAPD’s Secretive and Cavalier Attitude Towards Public Records, Legal Obligations

A house of secrets: LAPD headquarters at night.
A house of secrets: LAPD headquarters at night.
Papers newly filed in federal court reveal an astonishing unwillingness on the part of the City of Los Angeles and the LAPD to release public records and other documents to the plaintiffs in the Los Angeles Catholic Worker and LA Community Action Network lawsuit. A few days ago I wrote about these filings in general and today I’m going to discuss some specific details about the City’s claims regarding the LAPD’s email system and how, they say, it’s preventing them from complying with the discovery process in the suit. This topic is, of necessity, mostly inside baseball both legally and technologically, and maybe you want to skip it if that bores you. If so, the TL;DR is that the LAPD contradicts itself constantly about the availability of its emails for legal discovery, and the LAPD only looks even more furtive when facts related to Public Records Act requests are considered. All four of the documents I discuss below were extracted from Part 2 of Catherine Sweetser’s declaration, filed with the court on December 8, 2015.
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Hearing on Motion to Compel City of Los Angeles to Hand Over Discovery Documents to Plaintiffs LA Catholic Worker and LA Community Action Network Set for January 11, 2016

The Roybal federal building, location of Judge Philip Gutierrez's courtroom.
The Roybal federal building, location of Judge Philip Gutierrez’s courtroom.
This is a very quick note to announce that attorneys for the Legal Aid Foundation of Los Angeles yesterday filed notice that they’ll be making a motion on January 11, 2016 at 10 a.m. in Courtroom 690 in the Roybal Building downtown to compel the City of Los Angeles to hand over a bunch of discovery material. I reported briefly on this subject yesterday, but wasn’t aware for sure at that time that they were actually going to court over the city’s recalcitrance. I’ll be writing much more about this later, but I wanted to drop this on you in a timely manner so you can arrange your calendars.
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Tempers Flare in Federal Court as Voluminous New Filings in LACW, LACAN v. City of LA, CCEA Case Reveal Inside Story of Lengthy, Painful Discovery Process

The discovery process in all its glory.
The discovery process in all its glory.
On Tuesday (December 8) a bunch of new documents related to the discovery process were filed in the ongoing lawsuit filed by Los Angeles Catholic Worker and the Los Angeles Community Action Network against the City of Los Angeles and the Central City East Association, which runs the Downtown Industrial District BID. I don’t have the competence to comment usefully on most of this stuff, but, interestingly, there’s a lot of discussion of how the city of Los Angeles deals with public records. This, I do know something about.

Anyway, you can find all of the new pleadings here in the subdirectory, dated December 8, 2015. First there is a brief motion to compel discovery from the city of LA, necessary because getting camels through the eyes of needles is easier than getting documents out of the city of Los Angeles. This was foreshadowed by something I missed in the the joint stipulation, discussed in my post the other day:

The City and Plaintiffs have met extensively regarding Defendants’ responses to Plaintiffs’ Requests for Production and will likely require Court intervention to resolve their disagreement

It seems that, however, as I recently reported, the CCEA at least is complying with discovery requests. There’s a little bit more detail after the break, including some sample prose laden with negative feelings in a manner not so commonly found in pleadings. I hope to write on a number of specific items later today or quite soon, especially the controversy over production of emails, an area where the city of Los Angeles is infamous for flouting the law.
Continue reading Tempers Flare in Federal Court as Voluminous New Filings in LACW, LACAN v. City of LA, CCEA Case Reveal Inside Story of Lengthy, Painful Discovery Process

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LACW, LACAN Lawsuit Against CCEA, City of LA, NOT Continued Until July Due to Successful-ish Ongoing Settlement Talks. Trial Still Set for April 26, 2016

Ammon Hennacy in Santa Monica in July, 1966.
Ammon Hennacy in Santa Monica in July, 1966.
NOTE: Clearly I can’t read. This is wrong. The joint proposed motion filed by the parties was DENIED by the court. Trial is still set for April 26, 2016.
According to pleadings filed on November 30, 2015, settlement talks in the lawsuit filed by Los Angeles Catholic Worker and the Los Angeles Community Action Network against the City of Los Angeles and the Central City East Association, which runs the Downtown Industrial District BID, are proceeding well. The parties filed a joint stipulation stating that they

…continue to engage in settlement negotiations and are actively exchanging proposals. The parties believe future talks will continue to be productive and are amenable to participating in further sessions with Judge Woehrle
[the magistrate judge in the case]. Because these early settlement conferences indicated a potential for resolution of this case, and because all parties are non-profits and government entities, the parties have attempted to delay incurring significant litigation expenses from discovery and motion practice while the parties have been actively engaged in settlement negotiations.

And there’s more of that kind of thing in the stipulation. Well, as the man said, “if two of you on earth agree about anything they ask for, it will be done for them.” On December 2, 2015, Judge Gutierrez filed an order pushing the trial date back three months to July 2016 to give the parties time to work everything out.
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New Emails from CCEA: Raquel K. Beard, Ed Camarillo, Estela Lopez (!), Etc.

Photograph attached to one of the emails I received recently from the CCEA.
Photograph attached to one of the emails I received recently from the CCEA.
Yesterday I got about a hundred pages of emails from CCEA Executive Director Raquel K. Beard. These are from September 1, 2015 through September 8, 2015 and supposedly comprise all nonexempt emails sent or received by anyone at the CCEA during that period. I haven’t read them carefully yet, so there may be undiscovered gems. One interesting thing is that there are a number of emails between Raquel and Estela Lopez. Estela was formerly Executive Director of the CCEA and Raquel was the Managing Director. Raquel left in 2012 to run Downtown Long Beach Associates, which, among other things, seems to manage a BID there.
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Inside the Anti-Street-Vending Campaign: Newly Revealed Emails Between Kerry Morrison, Carol Schatz, and PR Flack Laura Mecoy Shine Unwonted Light Into Power-Elite Media Manipulation Process

Laura Mecoy
PR flack Laura Mecoy of Manhattan Beach, who is currently earning her living telling tales about street vendors in the corridors of power.
Long-time readers of this blog will recall that, in March 2015, we broke the story that outlaw downtown ringleader Carol Schatz’s ongoing criminal conspiracy, popularly known as the Central City Association, had hired shadowy PR flacks Rodriguez Strategies to shill for this city’s white-power-elite-zillionaire-industrial complex in order to defeat Councilmen José Huizar’s and Curren Price’s surprisingly-for-LA-politicos sane proposals regarding street vending. Rodriguez Strategies deputed its minion, evil PR-thuggette Jessica Borek, to set up a bullshit astroturf group known as “The Coalition to Save Small Business,” and off they went to lie about everything at every public hearing possible on the subject.

Well, evidently Rodriguez Strategies wasn’t doing enough damage for the CCA’s taste, because at some point the opponents of legalized street vending in Los Angeles hired yet another PR firm, Mecoy Communications, run by former reporter Laura Mecoy, pictured above. Yesterday, we obtained a bunch of emails from Laura Mecoy to Kerry Morrison, Carol Schatz, and two business owners who oppose legalized street vending about a meeting Laura’s arranged with the LA Times editorial board. And Laura is worth whatever they’re paying her. Although the Times showed some independent thought in the resulting editorial, Laura got them to take Kerry Morrison’s and Carol Schatz’s delusory and insincere arguments as if they were something more than self-interested expediencies. They’re not. This is a fascinating but all-too-rare glimpse into the interplay between money, power, and media in Los Angeles.
Continue reading Inside the Anti-Street-Vending Campaign: Newly Revealed Emails Between Kerry Morrison, Carol Schatz, and PR Flack Laura Mecoy Shine Unwonted Light Into Power-Elite Media Manipulation Process

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