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 →
The quick background is this: Soon-to-be-former Councilbro Jose Huizar is being sued by two former employees for generally egregious workplace creepiness. One suit was filed by Mayra Alvarez and the other by Pauline Medina. Of course, he’s also being investigated by the FBI for general criminal kingpinitude. And, according to Huizar, he can’t defend himself against Alvarez and Medina without revealing information that will harm his defense in the not-yet-filed criminal case against him.
Thus did he announce recently that he will be filing motions to stay both civil cases until after the criminal case is over with. However, according to Huizar, he can’t even adequately explain why the civil cases ought to be stayed without revealing the same secrets, so recently he filed motions asking the two civil case judges to allow him to file his motions to stay under seal. The Medina judge denied his request outright but the Alvarez judge scheduled a hearing to allow Huizar to present his case.
And so on April 19 Huizar filed his motion asking the court to allow him to file his motion to stay under seal, and you can read the motion here. Interestingly Huizar also requests that, if the court won’t let him file the whole motion in secret, that he be allowed to file only parts in secret, and the parts are listed line by line by line. Interestingly, he also refuses to actually admit that there’s a criminal case being built against him, referring in the motion to a “purported criminal investigation initiated by the U.S. Attorney’s Office and the Federal Bureau of Investigation”
Huizar also somewhat disingenuously argues that he’s not seeking to keep all the paper filed in the case secret, but only this one single motion. He doesn’t mention that the motion he’s seeking to conceal would have the effect of stopping the case, so there won’t be any more papers filed to keep secret.
There is also a transcription of selections after the break. I’m not sure when the opposition to this motion is due, but I’ll post a copy when it shows up. Also, according to the Los Angeles Times, their lawyers plan to intervene and ask the judge not to allow the motion to be sealed. If and when they file any pleadings I’ll post copies of those as well.
Continue reading Jose Huizar Files Actual Motion Asking For Permission To File His Motion To Stay The Proceedings In Mayra Alvarez’s Workplace Creepiness Suit Against Him Till After The Criminal Case Is Done — He Lays Out Line By Line Which Parts Of The Motion To Stay Reveal Secrets — Hearing On This Is May 16 At 8:30 AM — Stanley Mosk Courthouse Department 17 →
Yesterday I reported that Jose Huizar wanted to put Mayra Alvarez’s lawsuit against him on hold until after his pending criminal problems are done. The reason is that he can’t defend himself without revealing secret info about his criminal case. But he claims that he can’t even support his motion to stay the proceedings without revealing secrets, so he asked the Alvarez judge to grant him an expedited hearing to ask to be allowed to file the motion to stay under seal. That judge granted his request and the hearing will be held on May 16.
But obviously he has the exact same problem with Pauline Medina’s case against him. And not surprisingly he’s trying to set up the exact same solution. His motion to stay the proceedings is due on May 24 but he can’t get a hearing on his application to seal the motion until June, leaving him no choice but to file the motion to stay in public, which, he says, will reveal his secrets to the world, not to mention the FBI.
So he asked the (different) judge to grant him an expedited hearing to consider his application to file the motion to stay under seal. He used the exact same reasoning. But this judge said “No way, Jose!” So presumably he will have to file his motion to stay the proceedings on May 24 in public and we’ll all get to read it. Stay tuned! And turn the page for some links and excerpts.
Continue reading Jose Huizar Wants To Stay Proceedings In The Pauline Medina Suit Against Him — And He Wants To File His Motion To Stay Under Seal Just Like With The Alvarez Case — So Last Week He Asked The Judge To Hear The Motion To File The Motion To Seal Before The Motion To Stay Was Due — Just Like With Alvarez — But This Judge Said No Way, Jose! — Denied His Request For An Early Hearing — Presumably This Means He Will Have To File Motion To Stay Publicly — So We Get To Read It! →
Last week soon-to-be-incarcerated Los Angeles City Councilmember Jose Huizar filed a motion with the court that is hearing his former employee Mayra Alvarez’s lawsuit against him for creating a hostile work environment and engaging in a remarkable number of really creepy behaviors. He says that he will be filing a motion to stay the proceedings because he can’t defend himself without revealing secret stuff about his criminal case.
The same, he says, will be true about the motion to stay itself, so he wants permission to file THAT motion under seal. Last week he asked for and obtained permission from the court to have a hearing on the motion to file the motion to stay under seal. That hearing will take place at the Stanley Mosk Courthouse on Thursday, May 16, 2019 at 8:30 a.m. in Department 17. Here are links to the records, and turn the page for transcribed selections.
☆ Declaration of Carmen Aguado in support of motion
☆ Huizar Application for order to set hearing on motion to file under seal
☆ Order to set hearing
☆ Notice of order
Continue reading Jose Huizar Wants To Put Mayra Alvarez’s Case Against Him On Hold Because In Order To Defend Himself He Will Have To Reveal Dark Secrets About His Criminal Behavior — So He’s Going To File A Motion To Stay The Proceedings — But The Motion To Stay Will Also Contain Dark Secrets About His Criminal Case — So He’s Filing A Motion To Allow Him To File The Motion To Stay Under Seal — And That Motion Will Be Heard On May 16 At 8:30 AM →