Tag Archives: Federal District Court

Declarations In Federal Lawsuit Over Lunada Bay Surf Localism Reveal Shocking Details Of Decades-Long Reign Of Terror By Multiple Generations Of Zillionaire Palos Verdes Thugs — Exclusive Free eBook Available Now

A rich white Palos Verdes surf gang thug attacks a visitor to the public beach at Lunada Bay.
The story of the violent zillionaire surf-localism gang known as the Lunada Bay Boys and the ongoing federal lawsuit against them is well-explained in this L.A. Times article. Essentially generations of rich white surfer boys in Palos Verdes estates have for decades violently intimidated any outsiders who wanted to visit the public beach at Lunada Bay and they’re finally being called to account in federal court.1 So I finally had time to investigate the matter on PACER, and collected a ton of pleadings and orders on Archive.Org. Note that most of the early documents, including the initial complaint, are presently sealed because one of the defendants, now known as N.F., is a minor but was named in the early pleadings.

Of particular interest are twenty declarations made by various victims of the Lunada Bay Boys over the years, collected by the plaintiffs in support of their motion to certify the suit as a class action, which document endless sordid details of the astonishing violence and idiocy of the Lunada Bay Boys over multiple generations and many decades, as well as the complicity of the police and city government of Palos Verdes Estates. This material is so interesting that I made these twenty documents into a single eBook, with a table of contents and pagination and so on, to make them easier to read on a tablet or whatever. You can download a copy of that here from the Archive. Here are a couple examples of what’s in there, and there are plenty more after the break.

From the Declaration of John Macharg:

I was surfing Lunada Bay the morning of Jan. 29, 2016. The waves were big and my surfboard leash broke. My surfboard drifted to shore by the rocks near the patio. When I reached my board, David Melo walked down the patio stairs and immediately started harassing me by making statements like “You only come around here when the waves are good.” I responded by telling David that he had no right to question how or when I surf the Bay and that localism in general was wrong headed, unfair and illegal. At that point, Sang Lee butted in and began to argue with me. I told Sang that Lunada Bay was public property and did not belong to him. Sang poured out a portion of the beer that he was holding onto my head. I asked Sang if he was trying to start a fight and said “There is a cop right here.” Sang replied “It’s just beer.” There were several officers on the patio deck and one was observing from just a few feet to my right while I argued with Sang and David.

From the Declaration of John Carpenter (31 years on the Riverside PD):

During our walk down to the beach at Lunada Bay
[in 1983 or 1984], we did not encounter many people. However, once we paddled out, we experienced Lunada Bay’s localized culture firsthand. There were about 6 surfers in the water, all of whom were male. Almost immediately after we paddled out, the other surfers started yelling at us, saying “you guys don’t belong here” and “get out of here.” They also called us names and cursed at us. These surfers also aggressively violated surf etiquette – they would drop in on my waves and cut me off. This behavior was dangerous because it required me to pull off a wave, which could have resulted in the waves pummeling me or could have caused me to crash into the nearby shallow rock reef. The experience was frustrating and dangerous because I risked getting injured by a Bay Boy each time I tried to surf a wave.

After about 45 minutes of suffering from the Lunada Bay Boys’ harassment, Sue and I felt too uncomfortable so we decided to leave. When we got back to the car, we discovered that Sue’s car antenna had been mangled and that someone had vandalized the car by smearing surf wax on it. They wrote derogatory words about Sue being a woman. Based on my friends’ experiences and my 45 minutes of trying to surf at Lunada Bay, I was almost positive that the Lunada Bay Boys were responsible for this vandalism.

Due to this negative experience, I have not returned to surf Lunada Bay. When I recently heard that the intimidation and exclusionary behavior at Lunada Bay is still occurring – more than 30 years after I experienced it firsthand – I was shocked. As a law enforcement professional, I know that the conduct taking place at Lunada Bay is no different than criminal gang activity. Like a criminal gang, the Lunada Bay Boys have taken over a public place and use intimidation tactics to scare others to stay off their turf.

In response to this conduct, the City of Palos Verdes Estates’ police should have taken action to address the issues and treat the situation like a gang injunction. For example, they should have set up cameras, conducted surveillance, and prosecuted wrongdoers based on the complaints they received. Instead, the City and the police ignore the complaints or take down reports of aggression but then fail to follow up and investigate and prosecute the wrongdoers.

Continue reading Declarations In Federal Lawsuit Over Lunada Bay Surf Localism Reveal Shocking Details Of Decades-Long Reign Of Terror By Multiple Generations Of Zillionaire Palos Verdes Thugs — Exclusive Free eBook Available Now

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LAPD to Illegally Incarcerated Michael Brown Protesters: “Your [College] Degrees Don’t Matter Here.” “I Guess No Instagram Or Twitter Tonight.” “You Wanted To Play The Game — This Is How WE Play The Game.” Selection of Documents From Amha v. Los Angeles Available

Different protest, same shit.
Different protest, same shit.
I’m reporting on the progress of Chua v. Los Angeles (to the best of my legally limited ability) for this blog. The recently filed joint discovery plan in that case mentioned a number of other pending civil suits against the City of Los Angeles arising out of the same set of Michael Brown / Ferguson protests Downtown in 2014. One of these, Amha v. City of LA, caught my eye, so I downloaded a few of the briefs from PACER. I don’t have time to analyze these, but I’m putting them in a directory here, also available through the menu structure above to some extent. I’ll be updating it as new stuff is filed, and may write on it if the mood strikes me. Meanwhile, after the break, see some of the horrid stuff the LAPD did and said to this poor lady after arresting her when she was walking past a protest on her way home from the gym, as alleged in the initial complaint.
Continue reading LAPD to Illegally Incarcerated Michael Brown Protesters: “Your [College] Degrees Don’t Matter Here.” “I Guess No Instagram Or Twitter Tonight.” “You Wanted To Play The Game — This Is How WE Play The Game.” Selection of Documents From Amha v. Los Angeles Available

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A Flurry of Filings in Mitchell et al. v. City of LA et al. Suggests that Homeless Advocates May be Trying to have City Enjoined from Enforcing Newly Amended LAMC 56.11

California-centralMitchell v. Los Angeles, the latest in a series of suits filed by homeless people who’ve had their property illegally confiscated by the City (see Gale Holland’s recent article for an excellent summary) took an interesting turn today, when a flurry of filings hit PACER. First of all, the plaintiffs asked the court for a preliminary injunction and a temporary restraining order enjoining the City from confiscating their property while the case is on. They filed a huge number of declarations and other evidence in support of this application, many although not all of which can be found on our page dedicated to the case. The City asked for extra time to respond and the court granted them some.
Continue reading A Flurry of Filings in Mitchell et al. v. City of LA et al. Suggests that Homeless Advocates May be Trying to have City Enjoined from Enforcing Newly Amended LAMC 56.11

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Federal Civil Rights Lawsuit Filed Yesterday Against City of Los Angeles is Assigned to District Court Judge S. James Otero

The lawsuit filed against the City of Los Angeles by four homeless residents, LA Catholic Worker, and LA CAN, has been assigned to James Otero.
The lawsuit filed against the City of Los Angeles by four homeless residents, LA Catholic Worker, and LA CAN, has been assigned to James Otero.
The federal civil rights lawsuit filed yesterday by four homeless residents of Los Angeles, Los Angeles Catholic Worker, and the LA Community Action Network, was assigned today to District Court Judge S. James Otero (I have the order here). In 2013 Judge Otero decided the big lawsuit against the misuse of VA property in Westwood, thus enraging a bunch of ritzy Brentwood people who think their dogs are more important than not only the lives of veterans but than the property rights of Los Angeles founding mother Arcadia Bandini Stearns de Baker, who donated the property to the VA explicitly for the sake of veterans. Anyway, he did the right thing there, and perhaps he will here too, although the gossip around the MK.org water cooler is leaning towards a motion to switch the case over to Judge Gutierrez, probably based on a “substantial amount of factual overlap” or some such thing. We shall see, I suppose.
Continue reading Federal Civil Rights Lawsuit Filed Yesterday Against City of Los Angeles is Assigned to District Court Judge S. James Otero

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Federal Lawsuit Filed Today by LA Community Action Network, LA Catholic Worker, Four Homeless Plaintiffs, Against City of LA and Three Named LAPD Officers Over Property Confiscations, Wrongful Arrests, Endangerment of Life

California-centralA lawsuit filed today in Federal Court on behalf of the Los Angeles Community Action Network, LA Catholic Worker, and four homeless plaintiffs charges the City of Los Angeles along with LAPD officers Andrew Mathes, Sgt. Hamer, and Sgt. Richter2 of endangering the lives of the plaintiffs by wrongfully arresting them and by wrongfully confiscating and destroying their property, including medicine, blankets, tents, and other items necessary to the support of life. The plaintiffs’ attorneys are Carol Sobel and associates, Fernando Gaytan and Shayla Myers of the Legal Aid Foundation of Los Angeles, and Paul Hoffman and Catherine Sweetser. The inimitable Gale Holland has an excellent write-up in the Times but, as usual, it doesn’t include a link to the actual court filings, which is where I can help. The suit isn’t particularly on our BID-beat, but I’m going to get all the filings anyway, so I might as well make them available here. There are some excerpts after the break.
Continue reading Federal Lawsuit Filed Today by LA Community Action Network, LA Catholic Worker, Four Homeless Plaintiffs, Against City of LA and Three Named LAPD Officers Over Property Confiscations, Wrongful Arrests, Endangerment of Life

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Documents Available as City of L.A., Charlie Beck Sued by Michael Brown Protesters, National Lawyers Guild, over November 2014 Rights Violations

April 2015 Death by Cop march in Westlake.  It's not what this lawsuit is about, but it's a good picture.
April 2015 Death by Cop march in Westlake. It’s not what this lawsuit is about, but it’s a good picture.
Yesterday night the Times reported that a suit was filed in federal court on January 14, 2016, on behalf of people, including NLG-LA lawyers there to observe, whose rights were violated by the LAPD in November 2014 during a protest against a Missouri grand jury’s failure to indict Darren Wilson for killing Michael Brown. For whatever reason, newspaper articles like this never link to the court filings, which I, and maybe even you, find fascinating. On the face of it this case has nothing to do with BIDs, although it’s conceivable that a connection will develop,1 but I’m going to collect filings here anyway since I’m going to read them myself, so I might as well distribute them. I don’t plan to write much on them, but who knows? I set up a page to display them. It’s also reachable through the menu structure above. Right now the initial complaint is there and is well worth your time. There are some selections after the break:
Continue reading Documents Available as City of L.A., Charlie Beck Sued by Michael Brown Protesters, National Lawyers Guild, over November 2014 Rights Violations

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Acting on Behalf of Street Vendors National Lawyers Guild LA Sues City, Fashion District BID Over Illegal Confiscations, Color-of-Law Abuses. PDF of Initial Complaint Available

Another street vendor arrested, shackled, jailed, and abused by the Hollywood BID Patrol
Another street vendor arrested, shackled, jailed, and abused by the Hollywood BID Patrol
Yesterday, the National Lawyers Guild Los Angeles filed suit in Federal Court against the City of Los Angeles and the Fashion District BID on behalf of the Union Popular de Vendedores Ambulantes. First of all, I set up a page to collect filings. I managed to track down a copy of the initial complaint (OK, I mean I bought it from PACER for $1.70, you’re welcome!), and you can read about it in the LA Times here if you want.
The title of this file claims that it's abandoned property and that it was donated to Blessed Sacrament.  It's obvious from the context, though, that it's really stuff that was confiscated from a street vendor by the BID Patrol or else abandoned when the vendor ran away because the BID Patrol was threatening to arrest him.  In any case, it did not belong to them and they stole it when they took it to give to the church.
The title of this file claims that it’s abandoned property and that it was donated to Blessed Sacrament. It’s obvious from the context, though, that it’s really stuff that was confiscated from a street vendor by the BID Patrol or else abandoned when the vendor ran away because the BID Patrol was threatening to arrest him. In any case, it did not belong to them and they stole it when they took it to give to the church.
There’s an excerpt from the complaint after the break, but it’s really worth reading the whole thing.

One of the main points is that the LAPD and the BID conspire to not only cite and/or arrest the vendors, but to destroy their stuff. We’ve written before about how the Hollywood BID Patrol does the same thing. They not only arrest the vendors, but without any kind of due process, they ruin all their stuff, or even worse, appropriate it and steal it. You can see an example of this in the photo somewhere near this sentence. I would imagine that, now that the Fashion District BID is being sued, the HPOA is getting a little nervous. Turn the page to hear why!

Continue reading Acting on Behalf of Street Vendors National Lawyers Guild LA Sues City, Fashion District BID Over Illegal Confiscations, Color-of-Law Abuses. PDF of Initial Complaint Available

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Federal Judge Michael W. Fitzgerald of the U.S. District Court for the Central District of California Shows Up BIDs for the Mewling and Puking Liars they Are

The brave, the stalwart, the wise federal judge Michael W. Fitzgerald of the United States District Court for the Central District of California, kicking ass and taking names.
The brave, the stalwart, the wise federal judge Michael W. Fitzgerald of the United States District Court for the Central District of California, kicking ass and taking names.
Note that formerly Ukrainian first amendment maven and all-round mensch Eugene Volokh has already explained this better than we’re ever going to, so you may want to hop over to there for background. TL;DR is that the city of Inglewood sued Inglewood resident Joseph Teixeira in federal court, claiming that Teixeira’s reuse of their city-produced videos of city council meetings to create weaponized mockery of, among others, Inglewood mayor James Butts violated their copyright in said videos.

Well, Judge Michael W. Fitzgerald of the U.S. District Court for the Central District of California (that’s federalese for “Los Angeles”) not only dismissed Inglewood’s case, he terminated it with extreme prejudice. You can read the order here if you wish, and it’s smoking hot. The salient bit for this blog is, according to Volokh, that:

The court held that, under California law (see, e.g., County of Santa Clara v. Superior Court (Cal. Ct. App. 2009)), cities can’t claim copyright in public records. And while the city claims that this provision is trumped by federal copyright law, the court rejected that argument — federal law treats local governments as political subdivisions of the state, and a state has the power to control what its subdivisions do (including which federal rights they claim).

Now, I can hear you all murmuring and wondering out there in internetlandia, saying “sure, Kohlhaas, we hear you, but what does this got to do with the BIDs??!” Well, friends, we’re glad you asked!
Continue reading Federal Judge Michael W. Fitzgerald of the U.S. District Court for the Central District of California Shows Up BIDs for the Mewling and Puking Liars they Are

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