Tag Archives: Verified Petitions

Business Improvement Districts, Public Records Act Pragmatics

Opening Brief Filed In Chinatown BID Public Records Act Lawsuit — A Powerful Statement Of The Intense Public Interest In Understanding This Shadowy Criminal Conspiracy — And What It Is Doing With The Public Money That Funds It — Neither George Yu Nor Anyone From The BID Has Responded To Anything — Or Participated In Any Way At All In The Petition Against Them — Trial Is Set For July 24 2019 At 9:30 AM — Stanley Mosk Courthouse Department 86

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Last August Katherine McNenny and I filed a suit against the Chinatown Business Improvement District because not only did they refuse to provide us with the public records we’d asked for repeatedly but they refused to respond at all. Their bossboy, George Yu, was, you may recall, deeply implicated in the 2017 zillionaire conspiracy against the Skid Row Neighborhood Council formation effort, so they clearly had and, we hope, still have, a lot of really essential information.

But George Yu and his criminal cronies at the BID, I guess true to the pattern they’d established with respect to the requests themselves, refused to respond in any way to the lawsuit. They didn’t reply to the petition, they ignored the discovery, they didn’t show up for the hearing on the motion to expedite hearing of the motion to compel them to answer the damn discovery,1 and so on. But the case rolls on, and on Friday, May 24, our lawyers filed an absolutely stunning opening brief.2

You can read transcribed selections below and here’s a super-short summary. The Chinatown BID is a major player in municipal politics. This includes George’s Yu’s participation in the conspiracy against the Skid Row Neighborhood Council. Through our CPRA requests we sought to understand the BID’s role in this and their relationship with the City in general.

The BID failed to respond at all to these requests and that violates the California Public Records Act. Therefore the court should require the BID to produce the records. We’re also asking the court to declare that the BID’s actions violated the CPRA3 and to issue an injunction against the BID violating the law in this manner in the future. Finally, we’re asking the court to order the BID to pay our attorneys for their work on our case.
Continue reading Opening Brief Filed In Chinatown BID Public Records Act Lawsuit — A Powerful Statement Of The Intense Public Interest In Understanding This Shadowy Criminal Conspiracy — And What It Is Doing With The Public Money That Funds It — Neither George Yu Nor Anyone From The BID Has Responded To Anything — Or Participated In Any Way At All In The Petition Against Them — Trial Is Set For July 24 2019 At 9:30 AM — Stanley Mosk Courthouse Department 86 →

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Business Improvement Districts, Lawsuits, Public Records Act Pragmatics

Greater Leimert Park Village BID Sued In Order To Enforce Compliance With The Public Records Act — It’s Another One That Just Won’t Even Respond — How Freaking Hard Can It Be?

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Take a look at this CPRA petition against the Greater Leimert Park Village BID. It is the latest in a fairly long series of complaints I’ve been forced to file not because the BID is illegally withholding records, not because they’re putting me off and putting me off, not because they’re implementing a lot of chuckleheaded Humistonian delay tactics, but just because they simply do not respond at all. You can read a transcription of selections from the petition after the break.

In short, though, this BID is of interest for two overarching reasons.4 First, and least, because it’s in the process of renewing, a process which is both fascinating and important. BID renewal has interesting intersections with the Municipal Lobbying Ordinance and other core political issues. Everything about it is important. By ignoring my CPRA requests the Leimert Park Village BID is obstructing our increased understanding of this essential process in the lives of our BIDs.

Second, and more importantly, as everyone knows, Leimert Park is presently undergoing lightspeed and brutal gentrification. This, in turn, is related to City Attorney Mike Feuer’s putative gang crackdown at Baldwin Village Apartments. It’s well known that the City uses these actions as a way to make neighborhoods feel safer for white residents and thereby encourages and supports gentrification.

Business improvement districts have been active agents for gentrification in Hollywood, Downtown, in Venice, and probably elsewhere. Thus the question of whether the Leimert Park Village BID is involved at all in this process is inherently interesting. Even the fact that they’re not involved, if true, would be of great public interest.

And yet, by refusing to respond at all to my queries, the BID is thwarting the public’s ability to understand these weighty matters. But of course, there’s nothing surprising here. This, it seems, is just one of the things that BIDdies in LA do. Stay tuned for further info and turn the page for transcribed selections from the petition.
Continue reading Greater Leimert Park Village BID Sued In Order To Enforce Compliance With The Public Records Act — It’s Another One That Just Won’t Even Respond — How Freaking Hard Can It Be? →

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Fashion District BID, Public Records Act Pragmatics

Fashion District BID Files Timely Response To My Writ Petition — Denies Everything — World’s Angriest CPRA Lawyer Carol Humiston Handling Matters For Them — Trial Setting Conference On November 16, 2018 At 9:30 AM In Department 86 — Stanley Mosk Courthouse

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So you’ll remember possibly that in August I was forced by their unhinged intransigence to file a writ petition against the Fashion Freaking District BID asking a judge to boss them about until they began to comply with their statutorily mandated duties under the California Public Records Act. Well, it seems they’re not going to go quietly into that good night, so they went out and hired themselves the world’s angriest CPRA lawyer, which is to say Carol Freaking Humiston of Bradley & Freaking Gmelich, and she went and filed a timely response to my petition.

And you can read the damn thing by clicking here if you want to. But I have to say, as much as I enjoy reading legal pleadings of all varieties and subject matters, these replies leave me cold. Take a look and you’ll see. They deny everything, but they don’t even say what they’re denying. It’s all like “As to the allegations in paragraph 17, we deny the first three, state that the fourth and the ninth require no response insofar as they assert legal conclusions, and the fifth through the seventh, even if true, do not allege a violation. Insofar as we fail to deny, thus far do we admit.”
Continue reading Fashion District BID Files Timely Response To My Writ Petition — Denies Everything — World’s Angriest CPRA Lawyer Carol Humiston Handling Matters For Them — Trial Setting Conference On November 16, 2018 At 9:30 AM In Department 86 — Stanley Mosk Courthouse →

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Business Improvement Districts, Public Records Act Pragmatics

Chinatown BID Fails To File Answer To CPRA Writ Petition Before Deadline — Maybe George Yu Considers Himself Beyond The Reach Of The Law — Which Certainly Wouldn’t Be Uncharacteristic Of That Thuggish Little Weirdo

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I mean I don’t know what it is with these thuggish little business improvement districts around Los Angeles. They won’t comply with the public records act and when I am thereby forced to file petitions against them they won’t even respond. This famously happened in May with that wonky little gang of white supremacists out in the Larchmont Village BID and now it just happened again with the Chinatown BID, due to the off-the-chain intransigence of which we were forced in August to file a petition.

Of course George Yu is well-known in these parts to be a screamer, a bully, and a freaking self-proclaimed criminal, so it’s not strange to learn that he doesn’t feel like he has to play by other rules of civil society. And for all that, the consequences of these failures may be minimal. In ordinary lawsuits if you don’t answer on time you just lose, but the California Code of Civil Procedure at §1088 rules out this result for writs of mandate, which is what we’re seeking. Also in July at the trial setting conference for the Larchmont BID petition, the judge granted the BID an extra 30 days to reply without them even having to explain their lapse.

So like I said, there may not be any consequences, or any serious consequences. But on the other hand there may be. We’ll see! Stay tuned and you can see also!
Continue reading Chinatown BID Fails To File Answer To CPRA Writ Petition Before Deadline — Maybe George Yu Considers Himself Beyond The Reach Of The Law — Which Certainly Wouldn’t Be Uncharacteristic Of That Thuggish Little Weirdo →

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Business Improvement Districts, Lawsuits, Public Records Act Pragmatics

VICTORY!! On Advice Of Carol Humiston, The World’s Angriest CPRA Lawyer, Melrose And Westchester BIDs Both Agree To Pay My Even-Tempered Attorney, The Incomparable Anna von Herrmann, Beaucoup De Bucks To Settle CPRA Petitions Brought Due To The Weirdo Incompetence Of Donald Freaking Duckworth, Their Hatchet-Faced Goblin Of A Zeck Dreck — Perhaps They Will Be More Compliant In The Future? — Perhaps The City Of Los Angeles Will Intervene And Enforce Compliance To Stop BIDs Bleeding Public Money Out Of Arrogance And Inability? — Probably Not, But I Can Dream

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Of course you recall that in June of this year, my hand forced by the bizarro-world intransigence of BIDdological freak show specimen Donald Duckworth, executive director of both the Westchester Town Center BID and the Melrose BID, I had no recourse but to file a couple of writ petitions asking a judge to splain them that it wasn’t cool to openly flout the California Public Records Act just because they happen to be a gang of zillionaires and zillionare-associated minions. Soon thereafter El Duckworth suffered a severe attack of conscience and handed over all the disputed records.5

This development was good in at least two senses. First of all and most importantly it was good for the immortal soul of Mr. Duckworth, although as he was pretty clearly motivated by his anticipation of exposure and/or punishment his contrition was imperfect. Second of all it was good for my case because if a previously noncompliant agency, such as a BID, hands over records as a result of a petition being filed, the petitioner, such as me, automatically wins and the judge is required to award attorney’s fees.

This nondiscretionary outcome gives the respondent a powerful motive to hurry up and settle once records have been produced. Since they’re going to have to pay the petitioner’s attorney their best move is to minimize the amount of work done by opposing counsel. El Duckie’s two BIDs hired Carol Humiston, the world’s angriest CPRA attorney. And those, after a lot of characteristically Humistonian bluster and bullshit, are precisely the lines along which she seems to have advised her clients, which is why they have agreed to hand over a lot of damn money in exchange for settling the case.

This of course is a great victory for the forces of good, the side of the better angels of this City of Angels, and so on. Now let’s hope that this development along with the high costs that other BIDs have already paid,6 will convince them that it’s cheaper, easier, and more responsible to just hand over the damn records when I ask for them rather than fooling about wasting other people’s money in a series of ultimately futile and expensive attempts to keep the goods away from me just because they don’t like being called mean names on the Internet.

Also we can hope that this victory along with the others, past and future, will convince the City that if the BIDs can’t act responsibly they need to be made to do so. Whatever happens, of course you’ll read about it here! And turn the page for a rare and coveted image of MK.Org secret headquarters this very night just after we got the news! And here’s the damn soundtrack!
Continue reading VICTORY!! On Advice Of Carol Humiston, The World’s Angriest CPRA Lawyer, Melrose And Westchester BIDs Both Agree To Pay My Even-Tempered Attorney, The Incomparable Anna von Herrmann, Beaucoup De Bucks To Settle CPRA Petitions Brought Due To The Weirdo Incompetence Of Donald Freaking Duckworth, Their Hatchet-Faced Goblin Of A Zeck Dreck — Perhaps They Will Be More Compliant In The Future? — Perhaps The City Of Los Angeles Will Intervene And Enforce Compliance To Stop BIDs Bleeding Public Money Out Of Arrogance And Inability? — Probably Not, But I Can Dream →

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Business Improvement Districts, Lawsuits, Public Records Act Pragmatics

Chinatown Business Improvement District Sued To Enforce Compliance With California Public Records Act — The Brick-By-Brick Dismantling Of Pyschopathic Rageball George Yu’s Backwater Cult-Like Totalitarian Empire Has Begun!

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On Friday a petition was filed in LA County Superior Court against George Yu’s corrupt little empire, the Chinatown Business Improvement District. You’ll recall George Yu, of course,as the caudillo of Chinatown, the man who screams at people for legally filming his meetings without approval, the man who had me ejected from his glorified strip mall for daring to defy his unlawful orders, the man who smugly admits to serious legal violations on camera because history has taught him that there will be no consequences.

Well, it turns out that he’s also the man who thinks that he can ignore people’s requests for public records for more than a year without even answering. We’re hoping this petition, which is a little different from most of the ones I report on here in that Katherine McNenny and I filed it jointly, will teach him the error of his ways, at least with respect to the CPRA.

The whole thing started in May 2017 when, after it became clear that George Yu had played a central role in the Downtown BIDs’ underhanded conspiracy to torpedo the Skid Row Neighborhood Council subdivision effort, Katherine McNenny requested a bunch of records on this topic from the Chinatown BID.7 He did not even respond, and has not responded yet, which is a clear violation of the law.8

Independently of Katherine McNenny’s requests but for the same purpose, in March 2018 I sent George Yu three requests also, slightly broader than hers but still focused on the SRNC formation effort and George Yu’s role in sinking it. He also ignored these requests. To date he has not even made the initial response required by §6253(c). For reasons I will never understand George Yu9 thinks its better to break the law repeatedly and then pay potentially tens of thousands of dollars as a consequence than to just comply in the first damn place.

And that’s what’s going on with the Chinatown BID. Turn the page for some transcribed excerpts!
Continue reading Chinatown Business Improvement District Sued To Enforce Compliance With California Public Records Act — The Brick-By-Brick Dismantling Of Pyschopathic Rageball George Yu’s Backwater Cult-Like Totalitarian Empire Has Begun! →

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Business Improvement Districts, Lawsuits, Public Records Act Pragmatics

Historic Core BID Sued To Enforce Compliance With The California Public Records Act

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I know some of my readers have been wondering why I haven’t written much lately about batty little fusspot Blair Besten, the nattering sociopathic zeck dreck of the Historic Core, third weirdest of the minor downtown BIDs. Well, the reason for that is simple yet appalling. After a reasonably good run in early 2017,10 in May 2017 she just up and stopped producing records in response to my requests. And being the weirdo little liar that she is, she didn’t just stop producing, she randomly cancelled existing appointments, said she’d mail records and never did, claimed bizarro and indefensible lists of exemptions and so on. But then things really took a turn for the weird.

In October 2017 La Besten and/or her shadowy puppetmasters on the BID Board hired self-proclaimed Hollywood Superlawyer Jeffrey Charles Briggs who, at that time, was seen by the BIDs as a reasonably competent obstructer of CPRA requests.11 And after that, once everything was placed in the unclean hands of El Briggs, I received essentially no records.12 And being the weirdo little liar that he is, he didn’t just continue not to produce. Instead he announced an endless series of broken promises, imaginary technical difficulties, unnecessary test transmissions, ignored deadlines, and gratuitous lies.

That, of course, all started almost a year ago, and that’s too long given that the CPRA requires public agencies like BIDs to produce records promptly and without delay.13 Hence, yesterday, we filed this verified petition against Blair Besten’s infernal BID, asking the court to order them to hand over the damn goods post-haste and stop messing around in the future. Turn the page for selected bits!
Continue reading Historic Core BID Sued To Enforce Compliance With The California Public Records Act →

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Skid Row Neighborhood Council

Skid Row Neighborhood Council Formation Committee Files Blistering Petition In Superior Court — Asks Court To “Reestablish The Rule Of Law” — And Require The City Of Los Angeles To Award Skid Row “its well-deserved Neighborhood Council”

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Background: You can read my previous stories on the Skid Row Neighborhood Council formation effort and also see Jason McGahan’s article in the Weekly and Gale Holland’s article in the Times for more mainstream perspectives.

I haven’t reported on it before, but maybe you’re aware nevertheless that the Skid Row Neighborhood Council Formation Committee along with founding members General Jeff and Katherine McNenny are suing the City of Los Angeles over their egregious, illegal, and immoral vote suppression and other horrors during the subdivision election last year.

And just yesterday they filed a second amended petition, which lays out the evil shenanigans committed by the City of Los Angeles in collusion with Estela Lopez, Rena Leddy, and other Downtown zillionaires and zillionaire lackeys, This is a blistering and righteous piece of legal writing. I highly recommend that you read all of it, although here are the main issues, and as always there are transcribed selections after the break.

◈ The City prohibited homeless voters from voting online or at any of the twelve pop-up polls, which seriously advantaged the anti-subdivision side.

◈ The City’s voter registration requirements disenfranchised the largely black homeless population of Skid Row, which violates the Voting Rights Act.

◈ The City’s last minute implementation of online voting and secret alterations of pop-up poll timing unfairly advantaged the anti-subdivision side.

◈ Online voting violated California Elections Code §19205, which states unambiguously that “No part of [a] voting system shall be connected to the Internet at any time.”

◈ DONE’s pop-up polls violated §22.820 of the Los Angeles Administrative Code, which requires that neighborhood council subdivision elections be held solely within the proposed boundaries.

And the main thing they’re asking the judge to do to remedy these and the other violations is to discount online votes and votes submitted at pop-up polls and award the SRNC formation committee their neighborhood council. There is much, much more, all of it, as I said, worth your time to read and understand. Turn the page for transcribed selections from the petition.
Continue reading Skid Row Neighborhood Council Formation Committee Files Blistering Petition In Superior Court — Asks Court To “Reestablish The Rule Of Law” — And Require The City Of Los Angeles To Award Skid Row “its well-deserved Neighborhood Council” →

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Business Improvement Districts, Public Records Act Pragmatics

Larchmont Village Trial Setting Conference Today Essentially Anticlimactic But With A Few Interesting Aspects — Judge Mary Strobel Grants Respondents 30 Days Extra To File Response

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As I’m sure you recall, in April I was forced by their bizarro antisocial intransigence and utter failure to comply with the California Public Records Act to file a petition for writ of mandate against the kooky little backwater Larchmont Village BID in the heart of South Central Hollywood. They don’t seem to be interested in settling right now, and so this morning we all had to haul our tired bones out to the Stanley Mosk courthouse for the trial setting conference.14

It was the incomparable Abenicio Cisneros appearing for me and for the BID it was some dude who goes about the place passing himself off as J. Thomas Cairns, although I don’t know anyone who’s seen his ID. You may already know, but these conferences tend to be fairly routine, although sometimes something interesting happens, and a couple things happened here.
Continue reading Larchmont Village Trial Setting Conference Today Essentially Anticlimactic But With A Few Interesting Aspects — Judge Mary Strobel Grants Respondents 30 Days Extra To File Response →

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Business Improvement Districts, Lawsuits, Public Records Act Pragmatics

Two-Fer Tuesday: Westchester Town Center BID And Melrose BID Both Sued To Enforce Compliance With The California Public Records Act

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Remember Don Duckworth? Big bad BID boss of both the Melrose BID and the Westchester Town Center BID?? We haven’t heard from Mr. Duckworth here on the blog in a long old time even though he is quite an interesting character, what with his BID analyst switcheroos and his kooky Brown-Act-flouting bylaws and that whole Calabasas episode and so forth.

His absence from my literary life has not, however, been by choice.15 The fact is that circa last June the guy just decided to stop responding to my CPRA requests altogether. No records, no answers, no nothing from Don Duckworth. Hence no joyously mocking blog posts and so on. Well, friends, that’s about to change, and change big-time!

You see, my lawyer, the incomparable Anna von Herrmann, recently filed two petitions, one for each of Duckworth’s BIDs, to compel compliance with the CPRA. You can find them here on Archive.Org on pages which I will update if/when the cases generate more paper:

⮊ Melrose BID petition
⮊ Westchester Town Center BID petition

And turn the page for some excerpts from the Melrose petition! And a little more commentary!!
Continue reading Two-Fer Tuesday: Westchester Town Center BID And Melrose BID Both Sued To Enforce Compliance With The California Public Records Act →

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