Business Improvement Districts, Los Angeles City Council

Buscaino Staffer And Erstwhile CD9 Candidate David Anthony Roberts Doesn’t Just Expedite The Usual City Permits And Similar Chump-Change Jive For His San Pedro Zillionaire BID Buddies, He Also Sends Them His Resume And Hits Them Up For A Job Using His Official City of Los Angeles Email Address, All While Running An Eponymous Freaking Lobbying Firm As A Side Gig

February 14, 2018 Mike Leave a comment

In the high and far off times, O best beloved, there was a candidate for Los Angeles City Council District 9, endorsed by the L.A. Times in 2013 and a favorite of both Bernard Parks and Jan Perry. Well, nothing works out like one expects in this mean old world and in these latter days our hero, whose name, by the way, is David Anthony Roberts, rather than having his own council district to do with as he might please, is instead some kind of high mückety-mücklischer poo-bah type guy in Joe Buscaino‘s employ over at CD 15.

And of course, if you’re going to be on Joe Buscaino’s staff you’re going to spend a lot of time working with the San Pedro Historic Waterfront BID. It goes with the territory. If the BID or its constituent conspirators need to get criminal trash-dumping charges fixed or maybe if they need to get criminal dog-grooming charges fixed or, I don’t know, need some bodies weighted down and dumped into the deeps off Terminal 26 or something, CD15 staff are gonna get a call or an email from Lorena Parker, San Pedro BIDdie extraordinaire. And, just because it goes with the job and stuff, sometimes the staffie under the gun is going to be David Anthony Roberts.
Continue reading Buscaino Staffer And Erstwhile CD9 Candidate David Anthony Roberts Doesn’t Just Expedite The Usual City Permits And Similar Chump-Change Jive For His San Pedro Zillionaire BID Buddies, He Also Sends Them His Resume And Hits Them Up For A Job Using His Official City of Los Angeles Email Address, All While Running An Eponymous Freaking Lobbying Firm As A Side Gig →

Lawsuits

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

February 13, 2018 Mike Leave a comment

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 River¹ 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 →

Cory Spencer v. Lunada Bay Boys

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!

February 13, 2018 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 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.

Cory Spencer v. Lunada Bay Boys

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

February 12, 2018 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 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 →

Lawsuits

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

February 11, 2018 Mike Leave a comment

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 hearing¹ 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 →

Business Improvement Districts, Public Records Act Pragmatics

An Unforced Error By Self-Proclaimed Hollywood Superlawyer Jeffrey Charles Briggs Provides Unique Insight Into The Thoroughly Cynical, Thoroughly Bogus Nature Of BIDs’ Use Of The Deliberative Process Exemption To The California Public Records Act — They Even Used It In One Case To Cover Up A Blatant Brown Act Violation

February 8, 2018 Mike Leave a comment

One of the biggest flaws in California’s Public Records Act is that the various local agencies that constitute our government are trusted to search their own records, decide without oversight what’s responsive to requests and, worst of all, decide what’s exempt from production. My general feeling about BIDs and record searches is that they purposely don’t find everything, about their exemption claims that they’re mostly lying.

Unfortunately, without a lawsuit, it’s not realistically possible to get a look at records for which they’ve claimed exemptions.¹ Hence it’s not usually possible to check how closely this feeling corresponds to reality. However, due to an interesting confluence of events, I recently obtained a number of emails between various people at the Hollywood Media District BID for which their lawyer, Jeffrey Charles Briggs,² had claimed exemptions, thus making it possible to compare his claims with the actual records. Unsurprisingly the exemption claims turned out to be $99\frac{44}{100}\%$ pure and unadulterated nonsense. You can find the emails and some analysis after the break, but first I’m going to ramble on a little about some tangentially related issues.

Like many policies, this default assumption of honesty on the part of local agencies no doubt works when it works, but when it comes to the BIDs of Los Angeles, who are staffed, for the most part, with the most unscrupulous bunch of pusillanimous chiselers ever to engorge their bloated reeking tummies at the public piggie trough, it doesn’t work at all.³ They lie, they confabulate, they delude themselves and others, and generally display utter and overweening contempt for the rule of law.⁴

And nowhere does their misbehavior reach a more fevered pitch than in the use of the so-called “deliberative process” exemption to the CPRA. In short, this is an exemption that courts have built up out of the “catch-all” exemption to CPRA, found at §6255(a), which says:
Continue reading An Unforced Error By Self-Proclaimed Hollywood Superlawyer Jeffrey Charles Briggs Provides Unique Insight Into The Thoroughly Cynical, Thoroughly Bogus Nature Of BIDs’ Use Of The Deliberative Process Exemption To The California Public Records Act — They Even Used It In One Case To Cover Up A Blatant Brown Act Violation →

Announcements, Hollywood Property Owners Alliance

MK.Org U.S. Alexa Rank Almost Twice As Good As U.S. Alexa Rank Of Sorry HPOA Losers! This Is What Happens When You Farm Out Your SEO To Russian Commie Zombie Fake Followers! “Sad!” As HPOA Patron Saint Likes To Say On The Twitterz!

February 7, 2018 Trina 1 Comment

Is this HPOA’s SEO Flag of Convenience these days? I mean, it would make sense, right?

Zip, zap, POWIE, friends! As of today, here’s what’s going on in HPOA-loserville, otherwise known as Alexa.com! What it is is:

MichaelKohlhaas.Org U.S. Rank is 385,272 and here is a screenshot.
OnlyInHollywood.Org U.S. Rank is 665,137 and here is a screenshot.

That is, we are almost twice as better than they are. We are exactly twice as better if you ignore all those pesky meaningless digits after the first ones, which of course we will do!

You might notice that their world-wide rank is higher than ours is. Obviously there is no good reason for a bunch of foreigners to read their pathetic amateurish loseriffic website, so we are going with the theory that the HPOA hired invisible armies of Russian commie zombie SEO troll minions, which, true or not, explains everything. EVERYTHING! And if they did it, they did it because they are embarrassed that if they didn’t cheat we would beat them all the time instead of just this time.
Continue reading MK.Org U.S. Alexa Rank Almost Twice As Good As U.S. Alexa Rank Of Sorry HPOA Losers! This Is What Happens When You Farm Out Your SEO To Russian Commie Zombie Fake Followers! “Sad!” As HPOA Patron Saint Likes To Say On The Twitterz! →

Lawsuits

In Response To Emergency Motion Filed Yesterday By Plaintiffs, Last Night Federal Judge David Carter Issued Temporary Injunction Forbidding Orange County From Arresting Homeless People On The Santa Ana Riverbed Pending The Scheduled Hearing On February 13

February 7, 2018 Mike Leave a comment

For background, see Luke Money‘s excellent coverage in the Times, starting with this January 29 article on the Lawsuit and continuing with Monday’s article on the February 13 hearing.

UPDATE: The Times (finally) got around to covering this development this afternoon. Here’s their story on the temporary restraining order.

I’m not really covering the lawsuit, filed on January 29, by the Orange County Catholic Worker and Carol Sobel’s law firm against Orange County for civil rights violations incurred against homeless human beings living on the bed of the Santa Ana River.¹ You can read the initial complaint here to get an idea of what’s going on.

Yesterday afternoon the plaintiffs asked the County when they were going to start arresting people living on the riverbed and the County replied at 5:31 p.m. that arrests would begin today, February 7. Read the entire email exchange here:

Consequently, beginning tomorrow morning, OCSD personnel will begin advising people remaining on the District Santa Ana Riverbed property that they must vacate or may be cited and/or arrested for trespassing.

This prompted the plaintiffs to file an Emergency Request to Stay Arrests with the court. The metadata of that PDF suggests it was written at 5:59 yesterday, about half an hour after the County’s reply. There is a transcription after the break.

This, in turn, prompted the court to issue an Order Granting Temporary Restraining Order forbidding the County from arresting homeless human beings on the riverbed for trespassing, loitering, or camping, until the hearing on February 13. The metadata of that PDF suggests that it was written at 11:11 p.m. yesterday. There is a transcription after the break.
Continue reading In Response To Emergency Motion Filed Yesterday By Plaintiffs, Last Night Federal Judge David Carter Issued Temporary Injunction Forbidding Orange County From Arresting Homeless People On The Santa Ana Riverbed Pending The Scheduled Hearing On February 13 →

BID-Free Los Angeles, Featured, Hollywood Property Owners Alliance, Los Angeles City Council, Street Vending, The Race Card

Tamales Nos Cuidan: Social Cleansing, Kerry Morrison, Donald Trump, And The Battle For Legal Street Vending In Los Angeles And Beyond

February 2, 2018 Mike Leave a comment

Tamalera on Hoover Street, South Los Angeles, January 2018.

Recently, a little after 7 a.m. on a fine cool Los Angeles Winter morning, I found myself on Hoover Street a little South of Vernon. If you know the area, or areas like it, you won’t be surprised to hear that at that time of day there were tamaleras everywhere. At major intersections, of course, and also near schools, selling tamales y champurrado for breakfast. You can see a picture somewhere near this sentence that I took while waiting my turn in line.

The whole scene is entirely social. There are grandmothers buying a dozen at a time to take home, people on their ways to work buying two or three for breakfast, maybe for lunch too, and schoolkids buying singles to eat while they walk.¹ The tamalera creates a little bubble of warm sociability around her, momentarily protecting those inside from the chill of the foggy damp onshore flow.

This doesn’t happen only on the streets of South Los Angeles, of course. Last month Gustavo Arellano published a lovely article in the New Yorker entitled The Comfort of Tamales At The End Of 2017 about the significant social role of this ancient food² in Mexican-American culture. And you can feel that sociability strongly while waiting in line to buy tamales on an L.A. street in the morning.

But as you’re probably aware, it’s looking more and more likely that the City Council, despite their generally supportive pro-vendor rhetoric, is going to allow business interests and property owners to veto street vending on a highly localized basis for essentially no rational reason at all. One of the most random exclusionary zones recommended in the November 2017 report of the Chief Legislative Analyst is anywhere within 500 feet of Hollywood Boulevard.
Continue reading Tamales Nos Cuidan: Social Cleansing, Kerry Morrison, Donald Trump, And The Battle For Legal Street Vending In Los Angeles And Beyond →

Business Improvement Districts, Homeless Issues, Los Angeles City Council

Report From Yesterday’s Historic Core BID Annual Meeting: Huizar Announces Council’s Support For Revision To State Definition Of “Gravely Disabled” But Is Unwilling To Say Explicitly That The Goal Is To Make It Easier To Lock Up Homeless People — BID Board Member Ed Rosenthal Misses The Point And Asks If This Will Make It Easier To Lock Up Homeless People

February 1, 2018 Mike Leave a comment

Well, well, well! The Historic Core BID, third weirdest of the minor Downtown BIDs and the exclusive demesne of batty little fusspot queen Blair Besten,¹ held its Annual Meeting yesterday in the crown jewel of Michael Delijani’s Broadway empire, the Los Angeles Theatre. The local zillionaires were blessed by the heavens opening and, well, maybe not the angels of God descending,² but at least they got José Huizar in all his freaking Councilmanic³ glory.

Of course I taped the whole damn thing, and you can watch it here.⁴ There are a lot of interesting episodes here, not least these slavering remarks from the meanest woman in BIDlandia, President Tara Devine, who’s handling the Historic Core BID’s ongoing renewal.

Oh, and remember that adenoidal twerp who told the SRNC proponents that they needed to get an education? Well, it turns out that that adenoidal twerp has a name, although I can’t recall it right now and I can’t freaking be bothered to look, but here he is at yesterday’s meeting spewing yet another load of his characteristically adenoidal twerpery all over José Huizar’s new suit.⁵

However, the very most interestingest bit was José Huizar’s announcement that he and his colleagues had just dropped a motion allowing the City to seek to have the Lanterman Act⁶ amended so that the the definition of “gravely disabled”⁷ includes refusing medical services. The whole mess can be found in CF 18-0002-S11.⁸ You can watch Jose Huizar talking about it and also there’s a transcription and some more snarky discussion after the break.
Continue reading Report From Yesterday’s Historic Core BID Annual Meeting: Huizar Announces Council’s Support For Revision To State Definition Of “Gravely Disabled” But Is Unwilling To Say Explicitly That The Goal Is To Make It Easier To Lock Up Homeless People — BID Board Member Ed Rosenthal Misses The Point And Asks If This Will Make It Easier To Lock Up Homeless People →