OK, remember that former council aide Mayra Alvarez is suing all-round creepy councilbro Jose Huizar for workplace creepism and at the same time the FBI is raiding dude’s house and making him and, more generally, pretty much everyone on the fourth floor of 200 N Spring Street really freaking nervous? And so Huizar filed a motion recently asking the court to put a hold on Alvarez’s civil lawsuit against him because he wouldn’t be able to defend himself without compromising his defense in the FBI stuff. And yesterday Alvarez filed an absolutely smashing opposition to Huizar’s motion. Just hammered the dude, hammered him.
The argument is essentially that Huizar never established that there is even a criminal case against him. He never said what this putative criminal case might be about. His best evidence that there is a criminal case seems to come from the LA Times. So unless he’s either charged or coughs up some evidence that he’s likely to be charged, says Alvarez, the court should let the case go on.
The argument cites, clearly, Alvarez’s interest in having the case go forward so that she’s not denied justice through delay, but, interestingly, also invokes the interest of other City employees and the public at large in having Huizar’s workplace misdeeds exposed. There’s a transcription of selections below, but if you only read one part, read this:
So, Huizar’s desire to stay this matter pending a vaguely described “criminal investigation”—one with an unnamed target and undescribed purpose—is simply a stall tactic so that the Councilmember can ride out the rest of his term while continuing to shield his misdeeds from the citizens of this City and continuing to collect a taxpayer-funded paycheck.
But, “the fact that a man is indicted cannot give him a blank check to block all civil litigation on the same or related underlying subject matter. Justice is meted out in both civil and criminal litigation.” And, here, Huizar has not even been indicted. The bottom line is: Huizar has not been charged with a crime; his motion does not affirmatively state that he himself is the target of the FBI’s investigation (as opposed to a peripheral witness or subject); nor does Huizar’s motion come even remotely close to describing what the FBI is actually investigating such that he can reasonably represent to the Court that criminal charges against him are even possible. Thus, at this point, Huizar’s motion appears to be based purely on conjecture, and he is merely using seductive—albeit empty—rhetoric to goad this Court into granting him a reprieve from further public scrutiny and embarrassment. The Court should decline such invitation and deny Defendant’s motion unless and until Huizar is either charged with a crime or proffers affirmative evidence that he is the target of the FBI’s investigation.
Continue reading Mayra Alvarez Files Absolutely Smashing Opposition To Jose Huizar’s Motion To Stay Proceedings — “[Huizar] is merely using seductive—albeit empty—rhetoric to goad this Court into granting him a reprieve from further public scrutiny and embarrassment — The Court should decline such invitation and deny Defendant’s motion” — Hearing Scheduled For June 24, 2019 at 8:30 AM — Stanley Mosk Courthouse Dept 17
