Tag Archives: Patrick Carey

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

July 24, 2017 Mike Leave a comment

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,¹ 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 →

Cory Spencer v. Lunada Bay Boys

Jalian Johnston’s Attorneys File Brief On Why He Hasn’t Scheduled His Damn Depo Which, You Won’t Be Surprised To Hear, Is Not His Fault. Meanwhile, Chant Down Babylon, Bruh!

June 29, 2017 Mike Leave a comment

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 this has been the week of the Lunada Bay Boys parties fighting over scheduling Jalian Johnston’s deposition. On Monday the judge told them to stop taking the piss and get a depo on the calendar or else write some briefs explaining why they can’t get it together. Then yesterday the plaintiffs filed a brief explaining that they tried and tried and Jalian Johnston just wouldn’t cooperate which, if you look at every photo ever taken of the guy, seems prima facie pretty plausible.

And now today Jalian Johnston himself filed a brief (transcription after the break) stating that he tried but the plaintiffs fooled around and fooled around and then he just had to book, brah, and he’s sorry, but he can do it July 28, so no need for sanctions.

And, you know, who knows who’s telling the truth? At this point it hardly matters given how overpowering our urge to mock Jalian Johnston has become. And, it turns out, we are not the only ones. Just look at this little gem right here:
Continue reading Jalian Johnston’s Attorneys File Brief On Why He Hasn’t Scheduled His Damn Depo Which, You Won’t Be Surprised To Hear, Is Not His Fault. Meanwhile, Chant Down Babylon, Bruh! →

Cory Spencer v. Lunada Bay Boys

Lunada Bay Boys Defendant Brant “Blakeman Looked Possessed Or Possibly On Drugs”: Plaintiffs’ Attorney Otten Alleges Bay Boys Defendants Blakeman, Johnston Withheld Evidence, Gave Wrong Phone Passwords Necessitating Court-Ordered Phone Cracking, Committed Other Evidentiary Shenanigans

January 22, 2017 Mike Leave a comment

“Blakeman looked possessed or possibly on drugs. His behavior got more bizarre throughout the morning.”

For background take a look at this excellent article from the Times on the suit.

Well, when I decided to start collecting the pleadings in Spencer v. Lunada Bay Boys, I had no idea how much material it was going to involve. By the way, the full collection is available here on Archive.Org. In any case, a bunch more stuff hit PACER last night. It consists of allegations by Victor Otten, plaintiffs’ attorney, that Bay Boys defendants Brant Blakeman and Alan Johnston are stonewalling court-ordered discovery and that “there is a clear pattern emerging that the individual defendants are withholding and/or destroying evidence and misusing the discovery process.”

There are links and brief descriptions of the new material after the break, as always, but first I have some interesting details about defendant Alan Johnston’s cell phone. It seems that on December 12, 2016, the magistrate judge, Hon. Rozella Oliver, issued an order to compel defendant Alan Johnston to hand over two cell phones and corresponding passwords to the plaintiffs:

IT IS FURTHER ORDERED THAT that Mr. Johnston overnight his cell phone(s), both his old, water damaged phone and his current phone to his counsel. Mr. Carey² is directed to hand over the cell phone(s) to Todd Stefan at Setec Investigations, 8391 Beverly Blvd #167, Los Angeles, CA 90048, the party chosen by Plaintiffs to conduct the examination of the phone.

Mr. Otten and Mr. Carey shall reasonably cooperate to agree upon a set of search parameters to guide Mr. Stefan’s forensic investigation of the phone(s), including text messages, contacts, photographs, and videos by December 14, 2016. If the parties cannot agree upon a set of search parameters, they shall submit their proposed search parameters to the Court by December 14, 2016. Mr. Johnston is ordered to cooperate as necessary with Mr. Stefan with respect to passwords. Defendant Alan Johnston is ordered to pay the cost of the forensic investigation within 10 days of his attorney being sent a statement.

But according to a declaration filed last night by plaintiffs’ attorney Victor Otten, the process is not proceeding as planned. It seems that the phone wasn’t actually water-damaged, that the handed-over passwords were wrong, thus requiring the forensic investigator to brute-force the phone, and many more similar such shenanigans:
Continue reading Lunada Bay Boys Defendant Brant “Blakeman Looked Possessed Or Possibly On Drugs”: Plaintiffs’ Attorney Otten Alleges Bay Boys Defendants Blakeman, Johnston Withheld Evidence, Gave Wrong Phone Passwords Necessitating Court-Ordered Phone Cracking, Committed Other Evidentiary Shenanigans →