As you probably know, last year Katherine McNenny and I were forced by the unhinged intransigent refusal of psychopathic rageball George Yu to comply with the California Public Records Act to file a lawsuit against his Chinatown Business Improvement District. For reasons known only to himself, George Yu not only refused to comply with the statute, he refused to participate in the lawsuit at all.
We were seeking a writ of mandate from the judge ordering Yu to hand over the documents. It turns out that, in California at least, courts are not allowed to issue such orders merely because the respondents don’t show up. It’s still required that the petitioners prove their case. Which, of course, we were able to do, because it was righteous. So last Wednesday, July 24, 2019, the trial was held, before which the judge issued a tentative ruling granting us our every wish.
The whole trial lasted about 30 seconds and consisted of the judge asking our lawyer if he wished to be heard on the tentative. He said that he did not. The judge adopted the tentative as final and told the lawyer we could have our notebook back. You can get a copy of the tentative ruling here and a copy of the minute order showing that it was adopted as final here.
There are a bunch more steps before everything’s done. We have to serve the final ruling on the BID, the judge has to sign the order, we have to file a motion to get paid, probably will have to file more stuff to enforce all that stuff. These wheels have been turning very slowly since August 2018 when we filed, and they continue to turn slowly, but they’re crushing everything in their path as they turn.
Continue reading Katherine McNenny And I Prevail Against Chinatown BID In Our California Public Records Act Lawsuit — George Yu Didn’t Participate At All — From Start To Finish No One From The BID Showed Up — Which Is Not Enough To Win This Kind Of Petition — We Still Had To Prove Our Case — Which We Did Of Course — But Yu’s Ostrichism Also Led The Judge To Deem That All Our Requests For Admission Were Admitted To — Which May Have Drastic Long-Term Consequences For The BID — Far Beyond Those Directly Associated With Our Victory — Its Very Existence May Be Threatened — Let’s Freaking Hope So, Eh?
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
As you may recall, I was recently forced to file a petition against the Larchmont Village BID because they just won’t respond to California Public Records Act requests at all. The pleadings are collected here on Archive.Org, although there’s presently not much there. The BID was served on April 4, and they had 30 days to respond. For reasons known only to them they actually failed to file any kind of answer whatsoever.
I guess in an ordinary suit their failure to respond would mean that I just win automatically, but it turns out that the California Code of Civil Procedure at §1088 doesn’t allow a writ of mandate to issue by default. Anyway, the BID did finally decide to discuss it, it seems, as they held a closed session last Thursday, May 24, 2018, and the petition was the only item on the agenda. More news as I have it, of course.
Continue reading Larchmont Village BID Fails To Answer My CPRA Petition By Deadline — What Can It Mean?