Tag Archives: National Lawyers Guild

Public Records Act Pragmatics, Stop LAPD Spying Coalition

Stop LAPD Spying Public Records Lawsuit Switched to Judge James C. Chalfant, Hearing Continued to March 8, 2016

January 27, 2016 Mike Leave a comment

The Rampart LAPD Station. Why? Don't know. — The Rampart LAPD Station. Why? Don’t know.

The City of Los Angeles, which is being sued by the National Lawyers Guild Los Angeles and the Stop LAPD Spying Coalition because of its flouting of the California Public Records Act, filed a motion a couple weeks ago asking that the judge be changed. Last Thursday this motion, which was peremptory, was granted, and here is the order. It’s now in Judge James C. Chalfant’s courtroom, Stanley Mosk Courthouse, Department 85, and the initial hearing has been set for Tuesday, March 8, at 1:30 PM.
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Central City East Association

Video of Yesterday’s Central City East Association Meeting Now Available

January 27, 2016 Mike Leave a comment

Edward Camarillo at the January 26, 2016 meeting of the CCEA at 725 S. Crocker Street.

I’m formally initiating coverage of the Central City East Association with some video of yesterday’s meeting of the Board of Directors at CCEA headquarters at 725 S. Crocker Street. You can find Part 1 and also Part 2. Note that the record is not complete because the Board went into closed session and I couldn’t stick around to see them reconvene. Part I consists entirely of CD14 representative Jose Huizar policy director Martin Schlageter talking about homeless issues in the BID’s territory and then, most interesting of all, taking questions from the Board members. The level of micromanagement is astonishing. We hope to write on some of the details later, but check some representative Q&A after the break. Part 2 is mostly taken up by a representative from the Runyon Group seeking CCEA support for entitlements for their ROW DTLA project (this project was formerly known as Alameda Square). Someone here will be writing on this soon in some detail.
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Public Records Act Pragmatics, Stop LAPD Spying Coalition

City of Los Angeles Files Boilerplate Motion in Stop LAPD Spying CPRA Case Stating that Judge Joanne O’Donnell is too Prejudiced to Officiate

January 21, 2016 Mike Leave a comment

Los Angeles County Superior Court Judge Joanne O'Donnell. — Los Angeles County Superior Court Judge Joanne O’Donnell.

There’s a (relatively) new development in the Stop LAPD Spying v. City of L.A. Public Records Act case. Unfortunately the L.A. County Superior Court doesn’t seem to have an automated filing notification system like the Federal District Courts do, which is why I missed (until now) this interesting motion that the City of L.A. filed on January 12, 2016. It is a Motion for an Order Establishing Peremptory Challenge to Judicial Officer as well as a Declaration of Julie Raffish. Julie Raffish is the Deputy City Attorney that’s defending the case for L.A. In this declaration she claims that:

Joanne O’Donnell, the judge before whom the trial or hearing in this action is pending or to whom it has been assigned, is prejudiced against the Respondent [City of Los Angeles] or its attorney or the interest of the Respondent or its attorney, so that the declarant [Julie Raffish] believes that she cannot have a fair and impartial trial or hearing before the judge.

Now, this is obviously a boilerplate motion, and, at least as of today, the first three hits on a Google search on los angeles superior court peremptory challenge to judicial officer are forms for this, using the identical language to the motion filed by Julie Raffish. But there’s more!
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Lawsuits

A Series of Unexpected Events Add Up to Discovery Delays in L.A. Catholic Worker v. City of L.A., Central City East Association Lawsuit Over Homeless Property Confiscations; Trial Now Scheduled for June 21, 2016

January 16, 2016 Mike Leave a comment

Yesterday, Judge Philip Gutierrez issued an order extending the discovery deadline in L.A. Catholic Worker et al. v. City of L.A. et al. until February 19 and moving the trial date to June 21, 2016. This order capped off a week full of filings. First, on Monday, January 11, presumably after the hearing on plaintiffs’ motion to compel discovery, Ronald Whitaker, who supervises the Business and Complex Litigation section of the L.A. City Attorney’s office, filed a notice of appearance in the case. He’s (probably) the boss of Deputy City Attorney Elizabeth Fitzgerald, who has been defending the case for the City.

I didn’t see the significance of this at the time, but it was clarified on Wednesday, when the plaintiffs filed an ex parte (that is, without the on-the-record participation of the defendants) application to amend the scheduling order to continue dates by 30 days. This is an unusual procedure and it seems it must be justified by the existence of exigent circumstances. In this case the first of these is that on Monday the 11^th, after the discovery hearing, Elizabeth Fitzgerald had a medical emergency and will be on leave at least through the end of January. At the very least this requires the rescheduling of a bunch of depositions, and is probably why Ronald Whitaker joined the case. Note also that the plaintiffs asked for and received the City of LA’s support of the application and that the CCEA did not oppose it.

Elizabeth Fitzgerald’s illness is only one of the reasons supporting plaintiffs’ request for an extension. The others all have to do with what’s turned out to be a lengthy, drawn-out, painful, inch-by-inch discovery process. It seems that any optimism over the pace of document production, both by the City and by the CCEA, was unwarranted, and I’m guessing it won’t even be complete by February 19, but we shall see, shan’t we? There are some more specific details after the break if you’re interested.
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Announcements, Lawsuits

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

January 15, 2016 Mike Leave a comment

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:
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Stop LAPD Spying Coalition

Stop LAPD Spying Coalition and National Lawyers Guild LA File Suit Against City of LA Over Egregious LAPD CPRA Violations–Court Papers Available Here

December 30, 2015 Mike Leave a comment

The logo of the Stop LAPD Spying Coalition

On December 22, 2015, the Stop LAPD Spying Coalition and the hyperactive-in-a-good-way National Lawyers Guild LA filed suit in LA Superior Court against the City of Los Angeles because of egregious violations of the California Public Records Act. According to Pete White of the LA Community Action Network, the LAPD needs to “…know they need to—at a minimum—follow the laws…they tell us we need to follow.” I got copies of everything that’s been filed to date and put it all in a directory here. There’s not so much, but the initial complaint is a monster, weighing in at 180 pages. Most of that is exhibits, including a lengthy U.S. Senate report on Homeland Security funding of and involvement in domestic police spying operations and a copy of a “Special Order” authorizing an ongoing LAPD spying program and a bunch of other documents. The LAPD stuff starts on page 125 of the PDF. I’ll separate and post the various documents individually when I have time. Anyway, the petition has an excellent introduction outlining the public’s interest in the records that the group is seeking and a very tidy summary of what I know from personal experience is the maddening stubborn inactivity of the LAPD in the face of the transcendently clear mandate of the CPRA to respond to requests within 10 days. My only quibble is that I wish they’d also mentioned the LAPD’s absolute and illegal refusal to provide copies of records that they hold in electronic formats, e.g. email, in those electronic formats rather than printing them out on paper and redacting them with a marker. But they know the law and its ways better than I, so I’ll hush up about it.
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Lawsuits

Street Vending Lawsuit Defendants City of LA and Fashion District BID File Requests in Federal Court Yesterday Asking for Extension to January to Respond to Initial Complaint, FDBID and Plaintiffs Intend Attempt to Resolve Informally

December 22, 2015 Mike Leave a comment

Yesterday both defendants in the Street Vendors v. City of LA and Fashion District BID lawsuit filed requests in Federal Court to extend their time to respond to the initial complaint.

The City of LA, in this pleading, asked for an extension of fewer than 30 days, which evidently is granted automatically. With this motion the City is due to respond by January 19, 2016.

On the other hand, the Fashion District BID, in this pleading, with the concurrence (stipulation) of the plaintiffs, asked for more than 30 days to respond. Evidently this requires the approval of the court, so they have to give reasons:
Continue reading Street Vending Lawsuit Defendants City of LA and Fashion District BID File Requests in Federal Court Yesterday Asking for Extension to January to Respond to Initial Complaint, FDBID and Plaintiffs Intend Attempt to Resolve Informally →

Fashion District BID

Some Documents from Horlings Lawsuit against Fashion District BID Available, Illuminating Contradictions of Existence of BID Security

December 21, 2015 Mike Leave a comment

Today I have a minor piece of documention, which is the initial complaint and a bunch of miscellaneous paperwork, available here, in a lawsuit known as Horlings v. City of Los Angeles. I won’t summarize the alleged facts of the case, because I find it impossible to do so without seeming to mock the plaintiffs or to condemn some of the defendants, which I really don’t want to do. The suit is based on a horrific experience, and no one deserves to be mocked for their roles in it. In very general terms the Horlings family was the victim of a crime in Santee Alley and they sued, among other parties, the Fashion District BID based on the BID’s representation that their role and mission was to keep their district safe and clean. They also sued the City of LA, Universal Protection Service, and the LAPD.
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Announcements, Fashion District BID

Now Sashaying Down the Runway for your Délectation de la Haute Couture: A Preview of our Winter Collection of Fashion District BID Documents

December 3, 2015 Mike Leave a comment

This is what the Fashion District looks like on the Fashion District BID's instagram page and in its fevered imagination. The reality is quite different and, frankly, way much more simpático. — This is what the Fashion District looks like on the Fashion District BID’s instagram page and in its fevered imagination. The reality is quite different and, frankly, way much more simpático.

I’m pleased to announce the arrival of the first batch of documents from the Fashion District BID. Mostly I decided to start collecting documents from them because of the recent lawsuit against them. I’m not collecting documents specifically about the lawsuit, but rather records which will allow researchers and interested parties to form an accurate understanding of the BID itself. There’s not much that’s super-interesting here yet, but links to what I have may be found after the break.
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Lawsuits

National Lawyers Guild LA Street Vending Case to Stay with Judge Beverly O’Connell for now, Petition for Transfer to Judge Philip Gutierrez Denied

November 22, 2015 Mike Leave a comment

Federal Judge Beverly Reid O'Connell, in whose court the NLG's street vending case is being heard. — Federal Judge Beverly Reid O’Connell, in whose court the NLG’s street vending case is being heard.

This is just a quick note to alert you that there has been some action, albeit not that much, in the street vending lawsuit against the Fashion District BID and the city of LA. Some of the new documents, I think the interesting ones, but PACER is so clunky, not to mention expensive, that it’s hard to be sure, can be found here or directly here in static storage. Basically what seems to have happened is that the case was assigned to Judge Beverly Reid O’Connell and the plaintiffs asked to have it moved to the court of Philip Gutierrez. As you’ll know if you’ve been following things, Gutierrez is the judge in the Lavan case and also the LACW and LACAN case against the city of LA and the Central City East Association, which runs the Downtown Industrial District BID. The NLG argues that these two cases are similar enough to the instant case that they ought to be heard by the same judge. This request was denied, and they’ve filed a request for reconsideration. The request for reconsideration hinges on what is, I think, the crucial aspect of this case and the one against CCEA.
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