Tag Archives: Carol Humiston

Business Improvement Districts

That Time In 2018 When Wallis Locke Told Ellen Riotto How The South Park BID Could Just Ignore The Brown Act By Putting Some Magic Words On The Agenda — Cause The Foothill Municipal Water District Did It — So Anyone Could Do It — Even The South Park BID — But Then Ellen Riotto — Being Uncharacteristically Prudent — Asked Carol Humiston If It Was OK — And Carol Humiston Was All Like No Freaking Way That Is Crazy! — Except She Said It Nicer Cause After All They Are Paying Her A Lot Of Damn Money!

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It’s basically very easy for public government agencies such as business improvement districts to comply with the Brown Act. All they have to do is not be sneaky and stop trying to hide what they’re doing from the public. But of course, that concept is actually impossible for BIDdies to understand, so they’re perennially surprised by what the law requires of them. The general zillionaire rule of statutory interpretation, which is to assume that laws do in fact say whatever rich white people imagine that they ought to say, is accurate 99.99% of the time, but it fails with the Brown Act for some reason.1

Which is why about this time last year we were spending a lot of blog time educating Ellen Riotto, executive directrix of the South Park BID, about the duties required of her organization by the Brown Act. She’d schedule a closed session but wouldn’t explain what the Board was going to talk about during it and I’d be like no, can’t do that, and she’d be like OK thank you for pointing that out! And then she’d be all like board members are going to phone into the meeting from random unannounced locations around the globe and I’d be like no, can’t do that, and she’d be like OK thank you for pointing that out!

And now, thanks to some emails kindly supplied to me in response to a request for public records by the South Park BIDdies, I can reveal for the first time that there was at least one other instance in early 2018 when Ellen Riotto completely misunderstood the Brown Act and was on the verge of implementing yet another completely illegal policy. Wallis Locke sent an email to Ellen Riotto and was all like I know a guy named Dan and he’s involved with the Foothill Municipal Water District and they have some kind of voodoo on their agendas that basically lets them talk about whatever they want to without having to announce it publicly in advance!

And Ellen Riotto was all like I wanna get me some of that! The voodoo, by the way, has to do with the fact that the Brown Act at §54954.2(b) allows public government agencies like BIDs to make last minute additions to their agendas if there is an actual emergency. However, in this case, maybe because my constant scrutiny made her a little more circumspect, she decided to ask the BID’s attorney Ms. Carol Humiston if her theory was a good one.

And Ms. Humiston, despite the fact that she’s famous for counseling her clients to violate the law at every opportunity in contravention of the enforceable expectations of both God and the California State Bar, was all like WHOA! Emergencies mean like earthquakes, fires, and so on! Not some booshwah that you just made up! You can’t freaking do that and you would be crazy even to try so step back from the ledge! And Ellen Riotto was like darn it! But step back from the ledge she did, leaving nothing but this email conversation, a transcription of which you can find after the break!
Continue reading That Time In 2018 When Wallis Locke Told Ellen Riotto How The South Park BID Could Just Ignore The Brown Act By Putting Some Magic Words On The Agenda — Cause The Foothill Municipal Water District Did It — So Anyone Could Do It — Even The South Park BID — But Then Ellen Riotto — Being Uncharacteristically Prudent — Asked Carol Humiston If It Was OK — And Carol Humiston Was All Like No Freaking Way That Is Crazy! — Except She Said It Nicer Cause After All They Are Paying Her A Lot Of Damn Money! →

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Business Improvement Districts, Public Records Act Pragmatics

Carol Humiston — The World’s Angriest CPRA Lawyer — Counseled The South Park BID To Thwart My CPRA Requests By Violating The Law — And It Is Against The Rules Of The California State Bar For An Attorney To Counsel A Client To Violate The Law — Which Is Why I Filed A Complaint Against Her Yesterday — And Maybe She’ll Get Disbarred — Which Would Be Pretty Appropriate In The Circumstances — Ironically I Only Have Evidence Of This Because The SPBID Was Honest Enough To Release It To Me In Response To A CPRA Request — But As Honest As That Might Be — Doesn’t Make Up For The Fact That SPBID Executive Directrix Ellen Riotto Enthusiastically Adopted Humiston’s Illegal Advice!

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Carol Humiston, the world’s angriest CPRA lawyer, advises a bunch of L.A. business improvement districts on how to thwart my CPRA requests. She even held a seminar about me last summer for random BIDs that weren’t even her client to teach them her angry CPRA-thwarting methods. And, you know, I don’t like her methods, and I don’t like her clients, and I don’t like her. But I do like the fact that all people, even Satan-worshipping BIDdies who see violence against homeless people as a sacrament and guns as a masturbation aid, have a right to advice from counsel on how to further their goals within the bounds imposed by the law.

That last clause is essential, though. We do not want lawyers running around telling people that they ought to break the law and then using their special lawyerly powers to show them how to break it more effectively. In return for the powers granted to lawyers by society, they’re required to follow some minimal set of rules. And one of those rules is Rule 1.2.1, which states unequivocally that:

A lawyer shall not counsel a client to engage, or assist a client in conduct that the lawyer knows is criminal, fraudulent, or a violation of any law, rule, or ruling of a tribunal.

But some emails, ironically obtained from the South Park BID in response to a CPRA request, prove that that’s precisely what Carol Humiston has done. She explicitly counseled the South Park BIDdies to engage in conduct that she knew was a violation of the CPRA. And that, friends, is why, just yesterday afternoon, I filed this complaint against her with the California State Bar. You can read the painful details after the break, both of her advice and the sections of the CPRA she advised the South Park BID to violate, including copies of the actual emails in which she gave the advice.
Continue reading Carol Humiston — The World’s Angriest CPRA Lawyer — Counseled The South Park BID To Thwart My CPRA Requests By Violating The Law — And It Is Against The Rules Of The California State Bar For An Attorney To Counsel A Client To Violate The Law — Which Is Why I Filed A Complaint Against Her Yesterday — And Maybe She’ll Get Disbarred — Which Would Be Pretty Appropriate In The Circumstances — Ironically I Only Have Evidence Of This Because The SPBID Was Honest Enough To Release It To Me In Response To A CPRA Request — But As Honest As That Might Be — Doesn’t Make Up For The Fact That SPBID Executive Directrix Ellen Riotto Enthusiastically Adopted Humiston’s Illegal Advice! →

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Business Improvement Districts, Public Records Act Pragmatics

Los Angeles Business Improvement Districts Held A Seminar In July 2018 To Talk About How To Deal With My Requests For Public Records — The World’s Angriest CPRA Lawyer Carol Humiston Was The Main Speaker — Gave A Bunch Of Bogus Feel-Good Advice That Evidently Didn’t Include Just Complying With The Law Since None Of Her Clients Will Do That — BIDs Reveal That They Want The Law Changed In Their Favor — May Hire A Lobbyist To Facilitate This — Miguel Santiago Is Helping Them Out Yet Again

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Around the turn of the century, thanks to brave and successful litigation by property owner Aaron Epstein against the demonic forces of Ms. Kerry Morrison and her Hollywood Entertainment District BID, it is the supreme law of California that business improvement districts are subject to the California Public Records Act. It is this fact that, of course, has made possible the very existence of this blog.

Without actual copies of actual records, what credibility would we have? We would we be but yet another gang of basement-dwelling neckbeards ranting about injustice on the internet?2 And the fact that their BIDs are subject to the CPRA drives the BIDdies absolutely wild with rage.

They just cannot understand how it is that every law on the books has been carefully crafted to allow zillionaires and their minions to curbstomp anyone who interferes with their interests, and yet this law seems to work against zillionairity by e.g. exposing them to public mockery and contempt.3 They just cannot believe that the law says what it says. What, they seem to be muttering, have we been paying all those damn legislators for?

And so they have consistently ganged up to fight any improvement4 to the CPRA and to develop and utilize methods for evading their CPRA-imposed duties. We saw this recently when they hired a lobbyist to thwart, gut, and render meaningless AB-1479, Rob Bonta’s modest 2017 proposal to strengthen the CPRA by making it possible to actually sanction violations, a sinister project in which they were aided by the sleazy backroom machinations of would-be Huizar successor Miguel Santiago.

And newly obtained evidence shows that in July 2018 the BIDdies continued these CPRA-thwarting efforts by holding a seminar on my CPRA requests, convened by Rena Leddy, executive director of the Fashion District BID, currently being sued for egregious CPRA violations, keynoted by Carol Humiston, the world’s angriest CPRA lawyer, and attended by circa 35 BIDdie representatives, many of whom are also being sued for egregious CPRA violations, all there to discuss me and this blog and how not to follow the law!

In particular, the records, obtained, ironically, via the CPRA, include a powerpoint presentation given by Humiston and a set of notes taken by one of the attendees.5 The powerpoint thing is tedious nonsense, although it gains some interest from the fact that the South Park BID wouldn’t give me a copy, claiming attorney/client privilege, a stance that’s hard to maintain in the face of the fact that Humiston presented it to 35 people, many of them not her clients. Fortunately not every BID is so moronically mulish.

However, the set of notes is pure gold! It outlines Humiston’s strategies for delaying or obstructing access to records, including suggested bogus fees to impose, when to delete emails to thwart requesters, and so on. Most crucially, though, it reveals that the BIDs have at least discussed changing state law to relieve them from their CPRA duties and hiring a lobbyist to help them do so.

They have also, it states, talked to a legislator, who is obviously that nefarious little twerp Miguel Santiago, who has amplified their wickedness before. This is an essential glimpse into the red, bloody, seething ids of the zillionaire minions who run this City’s BIDs. Turn the page for excerpts, commentary, and finally a transcription of the entire document.
Continue reading Los Angeles Business Improvement Districts Held A Seminar In July 2018 To Talk About How To Deal With My Requests For Public Records — The World’s Angriest CPRA Lawyer Carol Humiston Was The Main Speaker — Gave A Bunch Of Bogus Feel-Good Advice That Evidently Didn’t Include Just Complying With The Law Since None Of Her Clients Will Do That — BIDs Reveal That They Want The Law Changed In Their Favor — May Hire A Lobbyist To Facilitate This — Miguel Santiago Is Helping Them Out Yet Again →

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Brown Act Pragmatics, Business Improvement Districts

South Park BID Brown Act Demand Letter Leads To Complete, Total, Abject, Sniveling, Obsequious Concession To Every Last One Of My Demands! — Will They Be Able To Pull It Off? — I Doubt It — But Benefit Of The Doubt Is The Order Of Today — Not Of Every Day, Though

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Today’s episode in our ongoing Brown Act Enforcement Project, which you can read all about right here on this page entitled Our Work is the abject and total capitulation of the South Park BID to every last one of the demands made in the letter I sent them on December 14, 2018. This is a not-unexpected move, since doing so obviates the chance of an expensive lawsuit which they’d be sure to lose and possibly would have to pay my litigation costs as well as their own.

Like so many of our local BIDdies they were advised in the process by the world’s angriest BID attorney, Carol Freaking Humiston of Bradley & Freaking Gmelich. And really, more than advised as she clearly wrote the letter of capitulation that Board Chair Robin Freaking Bieker sent out to me over his own signature yesterday. It’s got every known Humistonian trope on parade, e.g. “You don’t know what you’re talking about and whatever it is you’re totally wrong but nevertheless we’ll do what you demand but not for any reason.”6

And unlike the previous Brown Act transgressions I’ve spotted and skooshed out with these demand letters, there is a really complex violation here. The SPBID has maintained a secret committee, the Executive Committee, that meets in private and votes by email. The BID has agreed not to do this any more, but my impression from their emails is that it’s really essential to the way they function. It’ll be interesting to see how they get along with out it.

Although it’s as if not more likely that they’ll keep breaking that particular bit of the law and try to cover it up by claiming that all relevant emails are exempt from production, quite likely due to the nebulous and mostly made up deliberative process privilege. Well, we’ll certainly see what happens. Meanwhile, turn the page for a transcription of the articles of surrender.
Continue reading South Park BID Brown Act Demand Letter Leads To Complete, Total, Abject, Sniveling, Obsequious Concession To Every Last One Of My Demands! — Will They Be Able To Pull It Off? — I Doubt It — But Benefit Of The Doubt Is The Order Of Today — Not Of Every Day, Though →

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Business Improvement Districts

The South Park BID Failed To Even Negotiate Let Alone Execute A Contract With Tara Devine For Handling Their 2017 Renewal — They Didn’t Even Realize There Was No Contract Until My CPRA Request Called Their Attention To It — At Which Point Bob Buente Suggested Fraudulently Executing A Back-Dated Contract — But Worried This Would Haunt The Board If “we’re deposed because Tara does something nefarious” — Ellen Riotto — Who Has More Common Sense Than The Average Zeck Dreck — Advised Against It

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So in 2017, back when I was trying to understand Tara Devine’s BID consultancy work for the South Park BID, I sent the Parkies a CPRA request for her contract.7 At the time, twisted little minion Katie Kiefer, who quit the BID earlier this year and is now working for shockingly rapey CD14 repster José Huizar, kept telling me that the BID didn’t have any records responsive to my request. I found this impossible to believe, that putatively competent zillionaire business types would hire someone to do a job for which they’d be paid in the high five figures and not have a written contract explaining what they were expected to do.

It didn’t seem plausible8 so I assumed Katie Kiefer was playing word games with me, which was exactly the kind of crapola she was pulling at the time, all under the baleful influence of Carol Humiston, the world’s angriest CPRA lawyer, along with the rest of her 2017 Parkie buddies. You can read the whole correspondence here on Archive.Org if you’re interested.9 But now, thanks to the recent release of Bob Buente’s emails, a hyper-Aladdinesque trove of wonders provided to me by the ever-helpful Ellen Salome Riotto, current zeck dreck of the Parkers, the truth has come out and can now be explained!

I made my original request for Tara Devine’s contract on July 12, 2017. On July 13, 2017 the Parkies, hiding as usual behind their sinister masks, told me that there was no contract. And here’s where things get interesting! The next day, on July 14, 2017, Ellen Riotto emailed her executive committee and asked them if there even was a contract:

From: Ellen Riotto <ellen@southpark.la>
To: Robin Bieker <robin@biekerco.com>, “Sjordan@legends.net” <Sjordan@legends.net>, “daniel@jadeent.com” <daniel@jadeent.com>, “bbuente@1010dev.org” <bbuente@1010dev.org>, “JLall@ccala.org” <JLall@ccala.org>
Subject: Devine Strategies Contract approval

All,

Per the CA Public Records Act, we’ve been asked to disclose our contract with Tara. The only record we have on file is her proposal, attached. We do not have a final signed contract. We looked through meeting mins to see if we could track down a board vote to approve the proposal, but were unsuccessful. Do you recall if this decision was made by the executive committee?

Thanks

Ellen

The attached proposal she mentions in the email is available here. Also note that if she were following the law she would have asked these BIDdies if they had the records before she told me that they did not, but there’s not much to be done about that. And with that simple request, things really went off the rails!
Continue reading The South Park BID Failed To Even Negotiate Let Alone Execute A Contract With Tara Devine For Handling Their 2017 Renewal — They Didn’t Even Realize There Was No Contract Until My CPRA Request Called Their Attention To It — At Which Point Bob Buente Suggested Fraudulently Executing A Back-Dated Contract — But Worried This Would Haunt The Board If “we’re deposed because Tara does something nefarious” — Ellen Riotto — Who Has More Common Sense Than The Average Zeck Dreck — Advised Against It →

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Fashion District BID, Public Records Act Pragmatics

Fashion District BID Lawsuit — Motion Filed To Compel BID To Explain Just What The Heck They Were Talking About When They Claimed All Those Exemptions — Carol Humiston Says “No Way — You Can’t Make Us Tell You” — Hearing Scheduled For November 16 At 9:30 AM

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In August I had to file suit against the Fashion District BID to compel them to comply with the California Public Records Act. One of the main issues in the suit is a bunch of various really implausible exemption claims by FDBID executive director Rena Leddy. Now, it’s well understood that the burden of proving that an exemption claim allows a record to be withheld lies entirely on the withholding agency. The CPRA says explicitly at §6255(a) that:

The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.

At the time that Leddy denied my requests I asked her to justify her decisions to withhold but she refused to do so even though the law clearly requires it.10 But it sure is hard to dispute the BID’s exemption claims if no one knows what the heck they’re basing them on and they won’t explain. My lawyer asked Carol Humiston, the world’s angriest CPRA lawyer, if she’d mind listing all the withheld records and explaining why the BID withheld them.11 You can read his email here.

But Humiston, who’s not only the angriest but also pretty much tied for first place as the most obstructionist,12 wasn’t having it. Here’s what she had to say for herself in this email here:

I have considered your request for a “Vaughn Index,” which of course in [sic] a Federal procedure, and I do not believe it is either necessary or appropriate at this time. I know of nothing that requires the BID to produce such an index. Once you have filed your brief in support of the Writ, the Court and I will have a better understanding of the issues you are raising and the appropriate course to take.

So we filed a motion asking the judge to compel the BID to produce a list of all withheld emails. This motion will be heard on November 16, 2018 at the trial setting conference at the Stanley Mosk Courthouse in Department 86 before the Honorable Amy Hogue. There’s a transcription of the motion after the break.
Continue reading Fashion District BID Lawsuit — Motion Filed To Compel BID To Explain Just What The Heck They Were Talking About When They Claimed All Those Exemptions — Carol Humiston Says “No Way — You Can’t Make Us Tell You” — Hearing Scheduled For November 16 At 9:30 AM →

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Brown Act Pragmatics, Business Improvement Districts

Studio City BID Issues Dishonest And Combative But Mostly (Although Not Entirely) Submissive Response To My Brown Act Demand Letter — BID President Tony Richman Signs His Name To A Bunch Of Ill-Tempered Truculent Lies Probably Written By Ill-Tempered Truculent BID Lawyer Carol Humiston — Does That Make Tony Richman An Ill-Tempered Truculent Liar Also? — Maybe — But Also Maybe Just A Patsy

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A few weeks ago I sent the Studio City BID a Brown Act demand letter insisting that they stop breaking the law in four specific ways. According to the Brown Act at §54960.2 the BID can avoid litigation by responding to such a demand with an unconditional commitment to refrain from violating the specific statutory sections in the future. And on Monday, October 15, the SCBID Board met and decided to do just that.

And amazingly enough, the next day, this letter showed up in my inbox! So they weren’t just blowing smoke, it seems. The BID hired Bradley & Gmelich to represent them, which definitely means Carol Freaking Humiston, the world’s angriest Brown Act attorney, almost certainly wrote the letter. And it is written in her inimitable style,13 which essentially consists of variations on the following narrative in six acts:

  1. You’re wrong about what the law says.
  2. Because you’re stupid.
  3. Nothing in the law requires us to do what you demand.
  4. You thought it did because you’re wrong and stupid.
  5. So shut up.
  6. We’re complying with your demand.

The four issues I raised in the letter were first that IDs were required to attend the Board meeting, second that the Board didn’t adequately describe the subject of its closed session, third that the Board didn’t reconvene in open session after the closed session, and fourth that a majority of the Board members had at one time discussed a matter via email instead of in public.

The BID’s response letter was overflowing with a lot of sound and fury14 and belligerent bluster but essentially contained adequate unconditional commitments never ever to do three out of the four. The third item, though, on reconvening in open session, for some reason they declined to commit not to violate. With respect to that, well, I’m studying my options and stay tuned for updates.

For more details about the contents of the letter, the usual amateur analysis, and a modicum of mockery, turn the damn page!
Continue reading Studio City BID Issues Dishonest And Combative But Mostly (Although Not Entirely) Submissive Response To My Brown Act Demand Letter — BID President Tony Richman Signs His Name To A Bunch Of Ill-Tempered Truculent Lies Probably Written By Ill-Tempered Truculent BID Lawyer Carol Humiston — Does That Make Tony Richman An Ill-Tempered Truculent Liar Also? — Maybe — But Also Maybe Just A Patsy →

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Fashion District BID, Public Records Act Pragmatics

Fashion District BID Files Timely Response To My Writ Petition — Denies Everything — World’s Angriest CPRA Lawyer Carol Humiston Handling Matters For Them — Trial Setting Conference On November 16, 2018 At 9:30 AM In Department 86 — Stanley Mosk Courthouse

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So you’ll remember possibly that in August I was forced by their unhinged intransigence to file a writ petition against the Fashion Freaking District BID asking a judge to boss them about until they began to comply with their statutorily mandated duties under the California Public Records Act. Well, it seems they’re not going to go quietly into that good night, so they went out and hired themselves the world’s angriest CPRA lawyer, which is to say Carol Freaking Humiston of Bradley & Freaking Gmelich, and she went and filed a timely response to my petition.

And you can read the damn thing by clicking here if you want to. But I have to say, as much as I enjoy reading legal pleadings of all varieties and subject matters, these replies leave me cold. Take a look and you’ll see. They deny everything, but they don’t even say what they’re denying. It’s all like “As to the allegations in paragraph 17, we deny the first three, state that the fourth and the ninth require no response insofar as they assert legal conclusions, and the fifth through the seventh, even if true, do not allege a violation. Insofar as we fail to deny, thus far do we admit.”
Continue reading Fashion District BID Files Timely Response To My Writ Petition — Denies Everything — World’s Angriest CPRA Lawyer Carol Humiston Handling Matters For Them — Trial Setting Conference On November 16, 2018 At 9:30 AM In Department 86 — Stanley Mosk Courthouse →

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Business Improvement Districts, Lawsuits, Public Records Act Pragmatics

VICTORY!! On Advice Of Carol Humiston, The World’s Angriest CPRA Lawyer, Melrose And Westchester BIDs Both Agree To Pay My Even-Tempered Attorney, The Incomparable Anna von Herrmann, Beaucoup De Bucks To Settle CPRA Petitions Brought Due To The Weirdo Incompetence Of Donald Freaking Duckworth, Their Hatchet-Faced Goblin Of A Zeck Dreck — Perhaps They Will Be More Compliant In The Future? — Perhaps The City Of Los Angeles Will Intervene And Enforce Compliance To Stop BIDs Bleeding Public Money Out Of Arrogance And Inability? — Probably Not, But I Can Dream

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Of course you recall that in June of this year, my hand forced by the bizarro-world intransigence of BIDdological freak show specimen Donald Duckworth, executive director of both the Westchester Town Center BID and the Melrose BID, I had no recourse but to file a couple of writ petitions asking a judge to splain them that it wasn’t cool to openly flout the California Public Records Act just because they happen to be a gang of zillionaires and zillionare-associated minions. Soon thereafter El Duckworth suffered a severe attack of conscience and handed over all the disputed records.15

This development was good in at least two senses. First of all and most importantly it was good for the immortal soul of Mr. Duckworth, although as he was pretty clearly motivated by his anticipation of exposure and/or punishment his contrition was imperfect. Second of all it was good for my case because if a previously noncompliant agency, such as a BID, hands over records as a result of a petition being filed, the petitioner, such as me, automatically wins and the judge is required to award attorney’s fees.

This nondiscretionary outcome gives the respondent a powerful motive to hurry up and settle once records have been produced. Since they’re going to have to pay the petitioner’s attorney their best move is to minimize the amount of work done by opposing counsel. El Duckie’s two BIDs hired Carol Humiston, the world’s angriest CPRA attorney. And those, after a lot of characteristically Humistonian bluster and bullshit, are precisely the lines along which she seems to have advised her clients, which is why they have agreed to hand over a lot of damn money in exchange for settling the case.

This of course is a great victory for the forces of good, the side of the better angels of this City of Angels, and so on. Now let’s hope that this development along with the high costs that other BIDs have already paid,16 will convince them that it’s cheaper, easier, and more responsible to just hand over the damn records when I ask for them rather than fooling about wasting other people’s money in a series of ultimately futile and expensive attempts to keep the goods away from me just because they don’t like being called mean names on the Internet.

Also we can hope that this victory along with the others, past and future, will convince the City that if the BIDs can’t act responsibly they need to be made to do so. Whatever happens, of course you’ll read about it here! And turn the page for a rare and coveted image of MK.Org secret headquarters this very night just after we got the news! And here’s the damn soundtrack!
Continue reading VICTORY!! On Advice Of Carol Humiston, The World’s Angriest CPRA Lawyer, Melrose And Westchester BIDs Both Agree To Pay My Even-Tempered Attorney, The Incomparable Anna von Herrmann, Beaucoup De Bucks To Settle CPRA Petitions Brought Due To The Weirdo Incompetence Of Donald Freaking Duckworth, Their Hatchet-Faced Goblin Of A Zeck Dreck — Perhaps They Will Be More Compliant In The Future? — Perhaps The City Of Los Angeles Will Intervene And Enforce Compliance To Stop BIDs Bleeding Public Money Out Of Arrogance And Inability? — Probably Not, But I Can Dream →

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Fashion District BID, Lawsuits, Public Records Act Pragmatics

Fashion District BID Sued In Order To Enforce Compliance With The Public Records Act — Noted CPRA Attorney Karl Olsen Co-Counsels With Abenicio Cisneros To See That Justice Is Done In This Egregious Attempt To Withhold Information About, Among Other Crucial Matters, The BID’s Role In Torpedoing The Skid Row Neighborhood Council — Novel Legal Issues Raised Regarding The Effect Of The Municipal Lobbying Ordinance On CPRA Exemptions In Los Angeles

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On August 15, 2018, faced with Rena Leddy’s unhinged intransigence and chronic disregard of the law, I was forced to file a petition asking a judge to require the Fashion District BID to comply with the California Public Records Act. Most of the petitions I’ve filed recently have had only to do with BIDs ignoring my requests altogether17 but this one raises interesting and possibly novel issues of how exemptions to the CPRA are to be interpreted in general and in Los Angeles in particular. I’m represented by Abenicio Cisneros and Karl Olson.18

There are four classes of records at issue in this petition. Those are:19

  • Emails between the FDBID and either the South Park BID or DLANC
  • Emails in the possession of BID Board president Mark Chatoff
  • Emails between the BID and Urban Place Consulting
  • Emails in the possession of BID renewal committee chair Linda Becker

Rena Leddy claimed either that such records didn’t exist or that, if they did, the BID could withhold them on the basis of the so-called deliberative process exemption.20 In each of the four cases either there’s independent evidence that responsive records exist or else it defies belief that no records exist. For instance it is not plausible at all that Linda Becker, chair of the BID’s renewal committee, does not possess a single email relevant to the conduct of the BID’s business.21

Thus the petition focuses on debunking the exemption claims as it’s going to be hard for the BID to argue that no records exist. Turn the page for some details and some transcribed excerpts!
Continue reading Fashion District BID Sued In Order To Enforce Compliance With The Public Records Act — Noted CPRA Attorney Karl Olsen Co-Counsels With Abenicio Cisneros To See That Justice Is Done In This Egregious Attempt To Withhold Information About, Among Other Crucial Matters, The BID’s Role In Torpedoing The Skid Row Neighborhood Council — Novel Legal Issues Raised Regarding The Effect Of The Municipal Lobbying Ordinance On CPRA Exemptions In Los Angeles →

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