Tag Archives: James Otero

Cory Spencer v. Lunada Bay Boys

City of PVE And Jeff Kepley And The PVE Police Officers’ Association File Opposition To Motion Because They Don’t Want To Hand Over Text Messages From Cops’ Personal Phones — No One Seems To Be Discussing The Fact That The California Supreme Court Decided In March That Work Information On Personal Phones Is Public Record

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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 week the plaintiffs in the Lunada Bay Boys case asked magistrate judge Rozella Oliver to sanction the City of PVE because they refused to hand over work-related text messages. Oliver subsequently denied this motion on technical grounds. At roughly the same time the plaintiffs filed a motion for administrative relief, essentially asking Judge Otero to deny the zillions of defense motions for summary judgment because of various discovery failures on the part of the defense.

And tonight the City of PVE and Jeff Kepley filed their opposition to that motion. The most important item is this memorandum of points and authorities which has, as these all seem to, a good discussion of the facts of the dispute.

The main issue seems to be, though, that the plaintiffs’ asked for material from the personal phones of PVE cops and the cop union intervened and said via their lawyer, Howard A. Liberman, that they weren’t going to hand it over because it would violate the officers’ privacy and also it would violate their contract with the City of PVE. The City also argues that they can’t hand it over since they don’t have control over it.

There are links to all the other goodies after the break, by the way, along with more of the usual uninformed speculation.
Continue reading City of PVE And Jeff Kepley And The PVE Police Officers’ Association File Opposition To Motion Because They Don’t Want To Hand Over Text Messages From Cops’ Personal Phones — No One Seems To Be Discussing The Fact That The California Supreme Court Decided In March That Work Information On Personal Phones Is Public Record →

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Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Plaintiffs Motion To Compel Sang Lee And Jeff Kepley To Get Busy And Cough Up The Damn Discovery Is Denied On Highly Technical Grounds By Magistrate Judge Rozella Oliver

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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.

On Tuesday of this week, the Lunada Bay Boys Plaintiffs filed a motion asking magistrate judge Rozella Oliver to compel defendants Sang “Friend N A Pirate” Lee and Jeff “On Admin Leave” Kepley to get busy and comply with their discovery obligations. The very next day, Wednesday, August 9, Oliver issued an order denying the plaintiffs’ motions.1 As always, there’s a transcription of the order after the break. The reasons for denying the motions are pretty technical2 but seem to hinge on the principle that a decision on them is beyond the authority of the magistrate judge and the plaintiffs have to bring their motions to Judge Otero instead. Not much of a loss, then, it seems.
Continue reading Lunada Bay Boys Plaintiffs Motion To Compel Sang Lee And Jeff Kepley To Get Busy And Cough Up The Damn Discovery Is Denied On Highly Technical Grounds By Magistrate Judge Rozella Oliver →

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Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Plaintiffs Ask Otero To Deny Defense Motions Due To Evasion Of Discovery Obligations Which Made It Impossible To Meaningfully Oppose, Also Lengthy Excerpts From Sang Lee’s Deposition! Also Transcript Of A Mindblowingly Weird Telephone Conference With Rozella Oliver About Why Ferraras Didn’t Comply With Discovery Obligations!

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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.

This case is getting ultra-Byzantine, but if you’re following along, you may recall that the defendants have really not been complying with their discovery obligations. There’s a summary of some of the nonsense available. Also, all the defendants have filed motions for summary judgment, an outline of which and links to various stories on is also available. The Bay Boys based their motions for summary judgment on claims that the plaintiffs haven’t produced any actual evidence against them. At the time, plaintiffs’ lawyer Victor Otten warned them that their failure to comply would be grounds for moving to deny their motions.

And yesterday, that’s exactly what happened. Victor Otten filed this motion for administrative relief, claiming that the failure to comply with discovery has not only made it impossible to reply effectively to the motions for summary judgment, but in fact created the very grounds on which those motions rely:

Plaintiffs’ motion is made on the grounds that, due Defendants’ wrongful withholding of discovery—including withholding discovery that Magistrate Judge Oliver ordered them to produce—Plaintiffs have not had the opportunity to present the entirety of the factual record in opposition to Defendants’ motions. Indeed, Defendants’ basis for summary judgment is a purported lack of evidence; but to grant summary judgment at this stage would be to reward Defendants’ discovery misconduct.

The plaintiffs’ motion is based on Federal Rules of Civil Procedure 56(d), which states in part:

If a nonmovant shows by affidavit or declaration that, for specified reasons, it cannot present facts essential to justify its opposition, the court may … defer considering the motion or deny it …

A hearing on this motion is scheduled for September 5, 2017 in James Otero’s courtroom 10C in the First Street Federal Courthouse. The hearing on all the motions for summary judgment is scheduled for 10 a.m., and some of the paper filed yesterday gives 10 a.m. as the time for the motion to deny. One of the filings gives the time as 9 a.m. That’s probably wrong, but I don’t know for sure.

And there was a bunch of other good stuff filed as well. One of the two absolutely do-not-miss items are a transcript of a telephonic conference with magistrate judge Rozella Oliver concerning Charlie and Frank Ferrara’s failure to comply with discovery orders. This features defense attorney Tiffany Bacon and a bunch of deeply lame excuses for noncompliance. The judge seems dumbfounded that an actual professional lawyer would make these excuses out loud.

Plaintiffs’ lawyer Victor Otten also makes a plausible accusation that the defendants conspired to destroy evidence and an impassioned plea for sanctions against them. The other essential item is a set of lengthy excerpts from Sang Lee’s deposition including a bunch of really damning emails, some of which are quoted in the cartoon above. Turn the page for brief descriptions and links to a bunch of other items.
Continue reading Lunada Bay Boys Plaintiffs Ask Otero To Deny Defense Motions Due To Evasion Of Discovery Obligations Which Made It Impossible To Meaningfully Oppose, Also Lengthy Excerpts From Sang Lee’s Deposition! Also Transcript Of A Mindblowingly Weird Telephone Conference With Rozella Oliver About Why Ferraras Didn’t Comply With Discovery Obligations! →

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Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Private Investigator’s Report On Who Blew The PVEPD Sting Filed Unredacted! Jeff Kepley Seems To Acknowledge Existence Of Bay Boys As A Settled Fact! Tony Dahlerbruch Evidently Don’t Know Nothing ‘Bout Nothing!

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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.

So a couple days ago the plaintiffs in the Lunada Bay Boys case filed a ton of papers to go along with their opposition to the City of PVE’s motion for summary judgment. Among this stuff was a totally redacted copy of the private investigator’s report on who leaked advance notice of a planned PVEPD sting operation to catch some Bay Boys.

The City claimed that the contents were confidential, hence the redactions. The plaintiffs disagreed, and asked Judge Otero to make it public. Yesterday Otero agreed, and today the judge filed yet another order requiring the redacted report to be made public. And, subsequently, the plaintiffs filed the whole unredacted report! (As usual, there’s a transcription of this lengthy PDF after the break).

The report is completely inconclusive and basically says that too many people knew about the sting, so it’s not possible to figure out who leaked it. There’s a lot of interesting stuff in there, though. In particular, PVE chief of police Jeff Kepley speaks about the Bay Boys as if their existence is an established fact. Turn the page for some more commentary and, as usual, a transcription of the report itself.
Continue reading Lunada Bay Boys Private Investigator’s Report On Who Blew The PVEPD Sting Filed Unredacted! Jeff Kepley Seems To Acknowledge Existence Of Bay Boys As A Settled Fact! Tony Dahlerbruch Evidently Don’t Know Nothing ‘Bout Nothing! →

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Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Judge James Otero Rejects The City Of PVE’s Contention That The Private Investigator’s Report On Who Blew The Undercover Op Is Top Secret, Orders It To Be Filed Publicly!

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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 there were more items filed in the Lunada Bay Boys case. After yesterday’s mass of documents though I hardly have the heart to go through this batch, or even download the ones that appear to be repetitive. But there were a few interesting and new items filed, including an order by Judge James Otero.

A couple months ago the parties were arguing over whether a private investigator’s report on who blew a PVEPD undercover operation was discoverable. The magistrate judge ordered everyone to brief the issue but then the City just handed it over. Then there was some kind of effort by the City to keep it secret, and yesterday it came out with all the other pleadings but the entire thing was redacted, that is, it’s filed under seal.

This is evidently at the behest of the City of PVE, which claims it’s top secret. This led to the plaintiffs today petitioning the court to file documents under seal and at the same time filing a proposed order asking Judge Otero to deny their application. Thus, they’re asking for the documents to be filed publicly. Oh, I forgot to say that in addition to this investigator’s report, Jalian Johnston’s text messages were partly sealed, mostly as to third parties’ phone numbers, it seems.

Anyway, the big news is that this evening James Otero did file an order stating that the investigator’s report was not secret and must be filed publicly, but that the text messages were properly filed under seal. As always, there’s a transcription of the order after the break. Thus I’m guessing we will soon get to read the actual investigator’s report, which ought to be quite interesting.
Continue reading Lunada Bay Boys Judge James Otero Rejects The City Of PVE’s Contention That The Private Investigator’s Report On Who Blew The Undercover Op Is Top Secret, Orders It To Be Filed Publicly! →

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Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Juvenile Defendant NF Released From Case By Order Of Judge Otero, Judge Oliver Orders Parties To Brief Discovery Disputes Involving Defendants Frankie And Charlie Ferrara

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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 few days ago the parties to the Lunada Bay Boys zillionaire surf-thuggery case, in a rare showing of unanimity, concord, and like-mindedness, jointly asked Judge James Otero to release the anonymous minor defendant NF from the case, while leaving him responsible for some discovery obligations. Well, just this afternoon Otero issued an order doing just that. No big surprise.

But, as usual, on the discovery front everybody’s still getting fussy, and soon Mom’s gonna have to put their mittens on lest they scratch up their lil faces and so on. In particular, Magistrate Judge the honorable Rozella Oliver issued a post telephonic conference minute order requiring the parties to submit briefs on the ongoing discovery dispute between the plaintiffs and defendants Frank and Charlie Ferrara. I’m not sure what the substance of this dispute is, but I suppose we’ll find out on August 14, when the plaintiffs’ brief is due. As always, turn the page for a transcription of the order.
Continue reading Lunada Bay Boys Juvenile Defendant NF Released From Case By Order Of Judge Otero, Judge Oliver Orders Parties To Brief Discovery Disputes Involving Defendants Frankie And Charlie Ferrara →

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Cory Spencer v. Lunada Bay Boys

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

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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 →

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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

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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,3 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 →

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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

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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 unanticipated4 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 →

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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

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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 →

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