Tag Archives: Cory Spencer v. Lunada Bay Boys

Judge Otero Extends All Lunada Bay Boys Case Deadlines, Moves Hearing To September 5 From August 21

July 26, 2017 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.

Remember two days ago when the plaintiffs in the Lunada Bay Boys zillionaire surf-thuggery case asked for extra time to respond to all the defense motions for summary judgment? Well today Judge Otero issued an order extending all the response deadlines, including defendants’ deadlines to reply to the responses, and continuing the hearing, formerly scheduled for August 21, until September 5, 2017 at 10 a.m. in James Otero’s courtroom 10C in the First Street Federal Courthouse. Transcription of the order after the break.
Continue reading Judge Otero Extends All Lunada Bay Boys Case Deadlines, Moves Hearing To September 5 From August 21 →

Lunada Bay Boys OMFG More Motions For Summary Judgment: Charlie And Frank Ferrara Now — Perhaps This Is The Last Of Them?

July 25, 2017 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.

The last ten days have seen defendant after defendant file motions for summary judgment saying that they themselves didn’t personally do anything to the plaintiffs so the case against them should be dropped. I wonder if this is related to the fact that the case wasn’t certified as a class action? Like maybe the defendants did stuff to other people who just don’t happen to be the plaintiffs?

In any case, yesterday night late Charlie and Frank Ferrara filed their motions and a bunch of supporting paper. It all looks really interesting but I don’t have time to do more than provide links to the documents in the Archive.Org collection of pleadings in the case. They are after the break, and here is a list of all of my posts on these motions for summary judgment so far:

Oh, one little thing more. In this Declaration of Tiffany Bacon in support of Charlie Ferrara’s motion, which has tons of excerpts from depositions, we find this stunning bit of lawyer humor when they’re asking Charlie Ferrara if he heard Jalian Johnston sexually harassing Diana Reed. Samantha Wolff is asking questions, Ms. Hurley is representing Charlie Ferrara:

Q. Do you recall whether or not Mr. Johnston was acting in a sexually suggestive manner at the time?

MS. HURLEY: Objection, calls for speculation, calls for expert opinion testimony, lacks foundation.

Calls for expert opinion testimony indeed, friends!

Also, don’t forget that the hearing for all of these defense motions for summary judgment is scheduled for August 21, 2017, at 10:00 a.m in James Otero’s courtroom 10C in the First Street Federal Courthouse.
Continue reading Lunada Bay Boys OMFG More Motions For Summary Judgment: Charlie And Frank Ferrara Now — Perhaps This Is The Last Of Them? →

Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Defendants Angelo Ferrara, Jalian Johnston, and Brant Blakeman File Motions For Summary Judgment, Blakeman Makes Highly Rapey Argument That Johnston Couldn’t Have Assaulted Diana Reed By Spraying Beer On Her Cause She Was Smiling The Whole Time, Plaintiffs Ask For Extra Time To Respond To Barrage Of Motions

July 24, 2017 Mike Leave a comment

Jalian Johnston spraying beer on Diana Reed next to the Lunada Bay Boys fort. Brant Blakeman: They taught me at the Palos Verdes School Of Bro-fessional Surf Thuggery that smiles equal consent…”

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.

Earlier today I wrote about a bunch of filings in the Lunada Bay Boys case, but clearly I wrote too soon. Quite soon after I published that post, a bunch more paper hit PACER. This includes motions for summary judgment from defendants Angelo Ferrara, Jalian Johnston, and Brant Blakeman. There’s also a request from the plaintiffs for a time extension to respond to all these zillions of defense motions for summary judgment. A major argument therein is, as promised, the fact that Jalian Johnston won’t be deposed until July 28 and the unextended deadline for the plaintiffs to respond is July 31.

If there’s an award for rapiest pleading filed in federal court, Blakeman’s motion is gonna be a strong contender. He actually claims that even though Jalian Johnston did spray beer on Diana Reed, she was smiling the whole time so it can’t be assault:

Plaintiffs’ case against moving party Brant Blakeman consist solely of Spencer’s claim that Blakeman surfed too close to him on one occasion at Lunada Bay and Reed’s claim that Blakeman videotaped her at the patio structure at the Bay when defendant Alan Johnston opened a can of beer that sprayed some drops on her arm.

These factual claims fall far short of establishing a violation of the Bane Act by Blakeman, which requires violent acts, physical threats, coercion, or intimidation resulting in fear of injury or harm and, thereby, prevents them from exercising a constitutional right. With respect to the incident in which Blakeman did nothing more than videotape Reed, who, by the way, was photographing Blakeman and others with her own camera and invited a photographer from the LA Times, Reed can be seen throughout the video smiling, smirking, and in no apparent distress. Indeed, she spent over 60 minutes at the bay and made no attempt to leave the patio structure

Anyway, turn the page for links to the new filings. I’m super-busy with another project, to be announced soonest,¹ so no time for more than that. Also, don’t forget that the hearing for all of these defense motions for summary judgment is scheduled for August 21, 2017, at 10:00 a.m in James Otero’s courtroom 10C in the First Street Federal Courthouse.
Continue reading Lunada Bay Boys Defendants Angelo Ferrara, Jalian Johnston, and Brant Blakeman File Motions For Summary Judgment, Blakeman Makes Highly Rapey Argument That Johnston Couldn’t Have Assaulted Diana Reed By Spraying Beer On Her Cause She Was Smiling The Whole Time, Plaintiffs Ask For Extra Time To Respond To Barrage Of Motions →

Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Parties Jointly Ask Judge Otero To Dismiss Suit Against Anonymous Minor Defendant NF, Michael Papayans Files Motion For Summary Judgment

July 24, 2017 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.

A bunch of paper was filed this afternoon in the Lunada Bay Boys surf localism case, including a hitherto unanticipated² joint stipulation to dismiss the case against the anonymous minor defendant NF. There’s a transcription of this PDF after the break along with a link to the proposed order that the parties submitted with it.

Also, following along with his putative partners in horridity, Lunada Bay beatdown artist Michael Papayans filed a motion for summary judgment on the basis of the fact that the named plaintiffs, Cory Spencer and Diana Reed, said in their depositions that he didn’t personally beat up either one of them. As always, this motion comes with a bunch of supporting exhibits, mainly excerpts from the plaintiffs’ depositions. There are links and some brief commentary after the break.

Oh, also! There’s yet another telephonic hearing before the magistrate judge scheduled for tomorrow morning, so we can expect yet another minute order telling everyone to cut out the damn nonsense!
Continue reading Lunada Bay Boys Parties Jointly Ask Judge Otero To Dismiss Suit Against Anonymous Minor Defendant NF, Michael Papayans Files Motion For Summary Judgment →

Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Defendant Sang Lee Files Motion To Dismiss All Counts Against Him Except Negligence Cause He Didn’t Do Nothing, Your Honor!

July 21, 2017 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 may recall that the other day, the plaintiffs in the Lunada Bay Boys case filed a bunch of paperwork having to do with defendant Sang Lee’s uncooperative attitude towards his discovery obligations, leading to the Honorable Rozella Oliver, magistrate judge in the case, issuing a minute order telling Sang Lee to get moving and hand over the goods.

Victor Otten’s most recent letter to Sang Lee’s attorneys noted that “… you have stated an intention to file a motion for summary judgement, this will be our last attempt to resolve this matter informally. Moreover, should you file a motion for summary judgement without providing adequate discovery responses, that will be a basis to oppose the motion.”

Well, today Sang Lee filed that very motion to dismiss, along with a bunch of supporting exhibits. His main argument seems to be that all of the plaintiffs have admitted that he personally didn’t do anything to them, so how can he be guilty of intimidating them away from the beach?

Of course, with respect to the allegation of conspiracy, and especially given that, according to Victor Otten, Sang Lee has withheld all the essential evidence, the fact, and it does seem to be a fact, that Sang Lee didn’t intimidate anyone in person seems pretty irrelevant. The plaintiffs’ theory seems to be that he coordinated via cell phone with the actual intimidaters, which certainly sounds like conspiracy to me. Well, as Victor Otten said on July 4, “…should you file a motion for summary judgement without providing adequate discovery responses, that will be a basis to oppose the motion.”

Don’t forget, the hearing on this motion and the parallel motion by Jeff Kepley and the City of PVE is scheduled for August 21, 2017, at 10:00 a.m in James Otero’s courtroom 10C in the First Street Federal Courthouse. Maybe I’ll see you there! Meanwhile, turn the page for links to all the new pleadings.
Continue reading Lunada Bay Boys Defendant Sang Lee Files Motion To Dismiss All Counts Against Him Except Negligence Cause He Didn’t Do Nothing, Your Honor! →

Cory Spencer v. Lunada Bay Boys

Magistrate Judge Rozella Oliver Orders Sang Lee To Produce Under Seal The Results Of Forensic Imaging Of His Phone To Be Examined In Camera In Order To Settle So-Far Intractable Discovery Disputes — Says The Judge: Do It By Friday Morning!

July 19, 2017 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.

I just reported this morning that the discovery dispute between plaintiffs and defendant Sang Lee remains unresolved. Today at 1:30 p.m. PDT the parties held a telephonic conference with the Honorable Rozella Oliver, magistrate judge in the Lunada Bay Boys proceedings, to discuss the problems. Mere moments ago Oliver filed a minute order explaining what’s to be done at this stage (as always there’s a transcription after the break).

The upshot is that Sang Lee must produce the extraction report on the forensic imaging of his phone and the plaintiffs must produce a list of names they’re looking for in the phone along with a list of the discovery requests they’ve already made to which they believe information on the phone would be responsive. This is all to be submitted under seal, not on PACER, for Rozella Oliver to review in camera, by Friday, July 21, at 9 a.m. After reviewing the evidence the judge will issue an order settling the matter or else schedule another hearing.

Turn the page for the text of the order.
Continue reading Magistrate Judge Rozella Oliver Orders Sang Lee To Produce Under Seal The Results Of Forensic Imaging Of His Phone To Be Examined In Camera In Order To Settle So-Far Intractable Discovery Disputes — Says The Judge: Do It By Friday Morning! →

Cory Spencer v. Lunada Bay Boys

Plaintiffs’ Lawyer Victor Otten Files Declaration And A Bunch Of Exhibits Documenting Absolute Failure Of Lunada Bay Boys Defendant Sang Lee To Cooperate With Discovery, Threatens Motion To Compel Absent Prompt Compliance

July 19, 2017 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.

Last Thursday the Honorable Rozella Oliver, magistrate judge in the Lunada Bay Boys zillionaire surf thuggery case, ordered various defendants to quit taking the piss and get cracking with their discovery obligations. In particular, the order filed stated with respect to defendant Sang Lee that:

The parties are also directed to file any meet and confer letters regarding the dispute and the privilege log served by Defendant Lee at least 24 hours before the next telephonic hearing.

Well, yesterday evening plaintiffs’ lawyer Victor Otten fulfilled his part of that obligation by filing a declaration and a bunch of letters between his office and Sang Lee’s attorneys about discovery. This is pretty interesting stuff for a number of technical reasons, and there are links and descriptions after the break.
Continue reading Plaintiffs’ Lawyer Victor Otten Files Declaration And A Bunch Of Exhibits Documenting Absolute Failure Of Lunada Bay Boys Defendant Sang Lee To Cooperate With Discovery, Threatens Motion To Compel Absent Prompt Compliance →

Cory Spencer v. Lunada Bay Boys

City Of PVE Argues That They Put Many Cops On Anti-Bay-Boy Patrol, Tying Up Resources And Allowing Criminals From South Central LA To Commence Unprecedented “Burglary Spree” — Residents Complained But Kepley Kept Cops On Bay Anyway, Which Is How Seriously He Took It. Therefore, Your Honor, Please Dismiss The Damn Case! Also 9th Circuit Won’t Hear Interlocutory Appeal On Class Action Certification

July 14, 2017 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.

Today the City of Palos Verdes Estates and its police chief, Jeff Kepley who, along with the Lunada Bay Boys themselves, are defendants in the monumental anti-localism case brought by Cory Spencer and his co-plaintiffs, filed a massive slew of papers with the court. The main item is this motion for summary judgment, asking the judge to obliterate the case against PVE and Kepley.

The rest of the paper filed consists of various exhibits and proposed orders in support of this motion, and is extremely interesting as it contains huge selections from the depositions of Cory Spencer and Diana Reed. There are links to all the new stuff after the break along with brief descriptions. There is presently a hearing on this motion scheduled for August 21, 2017, at 10:00 a.m in James Otero’s courtroom 10C in the First Street Federal Courthouse.

The merits of the motion are beyond my amateurish capacity to discuss, although they make interesting reading if you’re so inclined. The main argument seems to be that the plaintiffs didn’t really suffer any harm, and the City didn’t have a duty to do anything more than what they did to protect them. Also, the following freakish little argument did catch my eye. My general feeling is that the appearance of “gang-affiliated criminal groups from south Los Angeles” in government-generated discourse is irrefutable evidence that they’re lying. But judge for yourself:

A number of the above-described events (as well as Plaintiff Spencer and Reed’s alleged incidents discussed under the factual background above) took place during a time the City was experiencing a substantial increase in residential burglaries by organized gangs or gang-affiliated criminal group from south Los Angeles. It is typical for the City to have zero to three burglaries per month, but in December 2015 the City experienced 20 to 25 burglaries. In fact, a number of residents complained about the amount of law enforcement resources allocated toward patrolling Lunada Bay, as well as the tough stance Chief Kepley took against local surfers harassing or intimidating other surfers. Nonetheless, the City directed law enforcement resources to ensuring access to Lunada Bay and preventing harassment. Chief Kepley opined that given so few incidents at Lunada Bay and the burglary spree in the City that the Police Department efforts were appropriate and reasonable in scope and size.

Also, you may recall that in March the plaintiffs asked the Ninth Circuit Court of Appeals for permission to file a motion asking them to overturn Judge Otero’s decision to deny certification as a class action. I didn’t hear about it at the time, but one of the exhibits filed today is the Ninth Circuit’s denial of the request for permission to appeal. Anyway, turn the page for links to and brief descriptions of all the new paper filed today.
Continue reading City Of PVE Argues That They Put Many Cops On Anti-Bay-Boy Patrol, Tying Up Resources And Allowing Criminals From South Central LA To Commence Unprecedented “Burglary Spree” — Residents Complained But Kepley Kept Cops On Bay Anyway, Which Is How Seriously He Took It. Therefore, Your Honor, Please Dismiss The Damn Case! Also 9th Circuit Won’t Hear Interlocutory Appeal On Class Action Certification →

Cory Spencer v. Lunada Bay Boys

More Lunada Bay Boys Discovery Shenanigans — Judge Rozella Oliver Yet Again Has To Tell A Bunch Of Putative Grownups To Start Acting Their Damn Age

July 13, 2017 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.

Well, after the thrilling sagas of discovery lunacy regarding Lunada Bay Boys defendants Jalian Johnston and his asshole buddy Michael Papayans, now come defendants Sang Lee and Charlie and Frank Ferrara, or at least their attorneys, who all had a telephonic conference with Magistrate Judge the honorable Rozella Oliver this morning.

Out of the meeting came this minute order, directing everyone to stop taking the piss and meet and confer and get the discovery moving. In particular the Ferraras have to get their phone records to the plaintiffs by 5 p.m. Monday. You don’t ever want a federal judge bossing you about in boldface type! Of course there’s a transcription after the break.

Somewhat tangentially, but interestingly, Frank Ferrara, who naturally at this point denies there’s any such thing as the Lunada Bay Boys, was famously quoted in Surfer Magazine in 1991 as saying:

One guy comes and surfs it, and then he brings two or three guys and they bring three or four of their friends and it snowballs and gets out of hand. That’s exactly why we want to protect it. I’ve got two little boys who are 7 and 5 and I hope one day they they’ll be out there shralping and tearing it up without a crowd.

At least one of those two little boys is now a named plaintiff in this case along with Dad. So that happened.
Continue reading More Lunada Bay Boys Discovery Shenanigans — Judge Rozella Oliver Yet Again Has To Tell A Bunch Of Putative Grownups To Start Acting Their Damn Age →

Cory Spencer v. Lunada Bay Boys

Judge Rozella Oliver Orders LAPD To Hand Over Michael Papayans’s Cell Phone For Forensic Analysis

July 12, 2017 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.

Maybe you recall that Lunada Bay Boy defendant Michael Papayans, buddy of Backstreet Boys and anger management dropout, has been unable to hand over his cell phone to the plaintiffs because the LAPD had it as evidence from when Michael Papayans and his mom got arrested for beating up a Mets fan in the parking lot of Dodger Stadium.

Well, all the parties asked Rozella Oliver to make the LAPD release it, and today she issued an order requiring them to do just that. They’re going to get his texts, his photos, his GPS records, every damn thing, including such deleted content as is still recoverable. This must be a horrifying prospect for the guy even though I have zero sympathy for him. He’s even got to pay for the data extraction.

There is, of course, a transcription of the PDF after the break. In other Lunada Bay Boys news, there’s a telephonic hearing with Judge Oliver scheduled for tomorrow at 10 a.m., so perhaps something interesting will come of that.
Continue reading Judge Rozella Oliver Orders LAPD To Hand Over Michael Papayans’s Cell Phone For Forensic Analysis →