Tag Archives: CPRA 6253(c)

On September 20, 2019 The Aids Healthcare Foundation Filed A California Public Records Act Petition Against The City Of Los Angeles — Just Four Days After Receiving A Characteristically Inadequate Denial From The Office Of The Mayor — This Is A Necessary — And Laudable — And Entirely Appropriate Action — I Can Only Think Of Two Strategies For Encouraging The City To Consistently Comply With The CPRA — One Is For Us To Pass A Local Sunshine Ordinance — And Until That Happens We Have To Sue The Freaking Crap Out Of The City Immediately Every Time They Illegally Withhold Records — Like Freud Said — If They Don’t Pay They Won’t Get Better — So Yay AHF!

Yesterday the Aids Healthcare Foundation held a press conference announcing a lawsuit against the City of Los Angeles for its alleged and exceedingly plausible arbitrary and capricious denial of an AHF homeless housing project. This is an important lawsuit with a a powerful and convincing petition in support of AHF’s laudable efforts to house the unhoused in Los Angeles. It’s been well-covered in the press.

Not quite as well-covered is the fact that in September 2019, as part of the lead-up to that lawsuit, AHF sent a request to HCIDLA for public records related to the bidding process in which their project was rejected. HCIDLA rejected it with a message stating that the Mayor’s Office had the records and that AHF should send it there.1 They did so, and a few days later Garcetti’s office sent them a denial stating “[it] is our policy not to disclose materials related to competing bids while the contracting process is still ongoing.”

Now, the CPRA is very clear on the fundamental fact that unless there is an explicit reason given in the law for withholding a record, that record must be released to anyone who asks for it. This is found at §6255(a), which says that “The agency shall justify withholding any record by demonstrating that the record in question is exempt under express provisions of this chapter or that on the facts of the particular case the public interest served by not disclosing the record clearly outweighs the public interest served by disclosure of the record.”
Continue reading On September 20, 2019 The Aids Healthcare Foundation Filed A California Public Records Act Petition Against The City Of Los Angeles — Just Four Days After Receiving A Characteristically Inadequate Denial From The Office Of The Mayor — This Is A Necessary — And Laudable — And Entirely Appropriate Action — I Can Only Think Of Two Strategies For Encouraging The City To Consistently Comply With The CPRA — One Is For Us To Pass A Local Sunshine Ordinance — And Until That Happens We Have To Sue The Freaking Crap Out Of The City Immediately Every Time They Illegally Withhold Records — Like Freud Said — If They Don’t Pay They Won’t Get Better — So Yay AHF!

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City Of Los Angeles Concedes Defeat In My California Public Records Act Petition Based On Cedillo Staffer Mel Ilomin’s Wildly Unsupportable Exemption Claims — They Settled Up And Paid $4,720 In Fees And Costs — It Seems To Me Personally That It Would Be More Efficient Just To Follow The Damn Law From The Get-Go — Rather Than Paying $5K Every Time Some Council Staffer Feels Like Throwing His Toys From The Pram — But I Am Willing To Admit That I Have Zero Experience In Running Major Cities — So Perhaps This Loss Is A Net Win For The City In Some Inscrutable Way That We Amateurs Have No Hope Of Unscrewing — Concluding With An Unscientific Postscript On What Bethelwel Wilson’s Petulance Reveals About Some Ad Hoc Bullshit CPRA Obstructionism That Mike Dundas Made Up One Time

Recall that in June of this year I was forced by the utterly indefensible intransigence of Gil Cedillo staffer Mel Ilomin, who would persist in his bizarre claims that some emails between his office and LAPD were exempt from production under the California Public Records Act, to file a writ petition seeking to enforce my rights under that hallowed law. And less than a month later the City caved and produced a bunch of emails.

Which, as you may know, makes me the prevailing party which, as you also may know, means that the City must pay my attorney’s fees and the court costs, which they just recently did to the tune of $4,720, and here is a copy of the settlement agreement laying out the terms.1 And one of the tragic aspects of this basically silly little case is that they have not mended their ways in the least. City offices continue to make totally bogus exemption claims for which the only remedy is another suit. And if that’s what the City wants, well, I’m not going to be the one to disappoint them.

Oh, yes, the interesting thing about that settlement!2 So the CPRA imposes various duties on local agencies, local agency being something of a term of art in CPRA-ology3 meaning “entity subject to the CPRA.” Like for instance, when a local agency receives a request, the local agency must respond in ten days.4 And when a local agency once releases some records to any member of the public, then by law the local agency has thenceforth and for all time waived the possibility of claiming exemptions and must therefore release that same record to anyone who asks for it.5
Continue reading City Of Los Angeles Concedes Defeat In My California Public Records Act Petition Based On Cedillo Staffer Mel Ilomin’s Wildly Unsupportable Exemption Claims — They Settled Up And Paid $4,720 In Fees And Costs — It Seems To Me Personally That It Would Be More Efficient Just To Follow The Damn Law From The Get-Go — Rather Than Paying $5K Every Time Some Council Staffer Feels Like Throwing His Toys From The Pram — But I Am Willing To Admit That I Have Zero Experience In Running Major Cities — So Perhaps This Loss Is A Net Win For The City In Some Inscrutable Way That We Amateurs Have No Hope Of Unscrewing — Concluding With An Unscientific Postscript On What Bethelwel Wilson’s Petulance Reveals About Some Ad Hoc Bullshit CPRA Obstructionism That Mike Dundas Made Up One Time

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Psychopathic Rageball George Yu Of The Chinatown Business Improvement District Continues To Refuse To Participate In The Case Against Him — So We Slapped A Bunch Of Written Discovery On Him — Including A Set Of Requests For Admission — Which He’s Got To Answer Or Else Look Out George Yu! — Sample: “Admit that YOU have a pattern and practice of failing to lawfully respond to California Public Records Act” — Let’s See What You Make Of That, George Yu!

Let’s have a recap! In August of 2018 Katherine McNenny and I filed a petition against psychopathic rageball George Yu, the supreme leader of the Chinatown BID, for his failure to respond at all to a whole series of requests for records under the California Public Records Act. Then in September the BID failed to file a response to the petition before the deadline and in November no one from the BID showed up at the trial setting conference.

And to this very day George Yu has done nothing at all to even acknowledge that there’s this case pending against his damn BID. Of course a legal system isn’t a viable proposition if people can just ignore it. Obviously at some point they can be made to participate. And according to the lawyers,1 step one towards this end is to serve a bunch of discovery on them! And that is just what they did this very day! Today’s kind of discovery comes in three flavors, and here they are:

  • Requests for Admission — This kind of written discovery, as explained by the Wiki, is “a set of statements sent from one litigant to an adversary, for the purpose of having the adversary admit or deny the statements or allegations therein.” I find these super-entertaining, so there’s a transcription after the break.
  • Special interrogatories — This is a list of questions that the BID has to answer, like e.g. “Please state ALL actions YOU took prior to August 15, 2018 to locate ALL of the RECORDS that Petitioners requested.”
  • Requests for production of documents — Just like what it sounds like — Hand over the goodies, NOW!

Anyway, one hopes that this will get things moving over at the BID. George Yu can’t go on ignoring the situation forever, and there’s no such thing as a psychopathic rageball defense, at least not in a civil matter. The next step is a motion to compel, and after that, who freaking knows?! What we really want here is the records and to establish a viable workflow for future requests. If there’s a grownup in the room over in Chinatown, now would be the time to put them in charge. Turn the page for a transcription of (most of) the requests for admission.
Continue reading Psychopathic Rageball George Yu Of The Chinatown Business Improvement District Continues To Refuse To Participate In The Case Against Him — So We Slapped A Bunch Of Written Discovery On Him — Including A Set Of Requests For Admission — Which He’s Got To Answer Or Else Look Out George Yu! — Sample: “Admit that YOU have a pattern and practice of failing to lawfully respond to California Public Records Act” — Let’s See What You Make Of That, George Yu!

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Remember That CPRA Request That Estela Lopez Made About The Skid Row Neighborhood Council In January 2017? — To The Department Of Neighborhood Empowerment About The Election? — Well Newly Obtained Information Shows That Less Than Ten Days After She Sent It She Complained To José Huizar Personally That They Hadn’t Responded — This From A Woman Who Can’t Comply With The CPRA To Save Her Life — Complaining To A Councilmember Who Also Can’t Comply With The CPRA — Or Federal Anti-Corruption Laws For That Matter

This is a new piece of an old story. You may recall that in January 2017, right after the Skid Row Neighborhood Council subdivision effort was certified by the Department of Neighborhood Empowerment, Skid Row’s own high priestess of Satan and associated evil deities, that is to say Estela Lopez, made a request under the public records act seeking various bits of information to toss into the wicked potion then, unbeknownst to the side of the angels, bubbling away in her reeking cauldron and with which she and her killer klown krew of slithy minions and halfwit henchies would later put the SRNC into a coma just like Snow Freaking White.1

That’s old news, of course,2 but still interesting. You can read Estela Lopez’s request right here and there’s a transcription of that PDF somewhere down the page in this old post. But what’s new this morning is this just-obtained email from Estela Lopez to CD14 repster José Huizar,3 in which, after a little obligatory sycophancy, she complains to José Huizar that DONE didn’t answer her request on time:

From: Estela Lopez <ELopez@centralcityeast.org>
To: josé huizar <jose.huizar@lacity.org>
Cc: Ari Simon <ari.simon@lacity.org>, Martin Schlageter <Martin.Schlageter@lacity.org>
Date: Fri, Jan 27, 2017 at 5:13 PM

Dear Jose, thanks so much for today’s meeting. Below is the request I submitted to DONE on January 17. I have not received a reply. Today represents the 10-day deadline for at least an initial response to a CPRA request.

Have a good weekend. See you on Broadway!

Cordially,

Estela Lopez

I mean, really. The sheer platonically ideal chutzpah of this woman just boggles.4 She’s complaining to José Huizar that DONE didn’t answer her request within the legal deadline when (a) she herself is one of the City’s worst violaters of the CPRA,5 (b) José Huizar is also essentially incapable of complying with the CPRA,6 (c) most of us don’t have access to our councilmembers to encourage City departments to comply with the CPRA,7 and, worst of all, (d) DONE wasn’t actually in violation of the law at that point, so she really had nothing to complain about.

Not that this kind of clueless exploitation of privilege is anything surprising at this point, but it is what we write about here. Turn the page for a discussion of the technical aspects of the CPRA relating to Estela Lopez’s complaint!
Continue reading Remember That CPRA Request That Estela Lopez Made About The Skid Row Neighborhood Council In January 2017? — To The Department Of Neighborhood Empowerment About The Election? — Well Newly Obtained Information Shows That Less Than Ten Days After She Sent It She Complained To José Huizar Personally That They Hadn’t Responded — This From A Woman Who Can’t Comply With The CPRA To Save Her Life — Complaining To A Councilmember Who Also Can’t Comply With The CPRA — Or Federal Anti-Corruption Laws For That Matter

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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!

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.1 He did not even respond, and has not responded yet, which is a clear violation of the law.2

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 Yu3 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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Larchmont Village BID Sued To Enforce Compliance With The California Public Records Act

It’s been two-ish years now since I sent my first CPRA request to the kooky little South Central Hollywood gang of white supremacist law-flouting gangster thugs known to the world as the Larchmont Village Business Improvement District.

That first time they ignored me and they ignored me and they ignored me until finally I had to hire a lawyer and pry the goodies out of their creepy grasping fingers by main force. But, as we know, the thug life is a powerful draw, and gangsters get hooked on lawbreaking like a drug. Despite being given every chance by society to reform their outlaw ways, these hardcore BIDdies sadly persisted in their chosen life of crime.

As you may recall, they’ve never managed to comply with the damn Brown Act, despite occasional signals that either they were going to start complying or maybe that the City of Los Angeles was going to force them to comply. And after that one time in 2016 they’ve never managed to comply with the CPRA again. I sent them a few requests in May 2017 which they ignored and ignored and ignored.

And so, as before, I hired a lawyer. And the lawyer filed this petition in Los Angeles County Superior Court. And served the petition on Tom Kneafsey earlier this week. And served a letter to Cap’n Tom along with the petition. I wish there was some way to get these BIDdies to follow the law other than by filing petitions against them but the State Legislature, in its inscrutable wisdom, has made this the only remedy. Sad but true. Stay tuned for more information and turn the page for some excerpts from the petition.
Continue reading Larchmont Village BID Sued To Enforce Compliance With The California Public Records Act

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Venice Beach BID To Hold First Public Meeting On Friday, January 5, Inaugurating Both A Quantum Freaking Leap And A Sea Freaking Change In The Illegal Freaking Bullshitization Of Venice — Please Attend And Tell These Shameless, Already-Being-Sued, Law-Flouting Creeps What You Think Of Their Nonsense — Also, If You’re Able To Film The Meeting, Please Do So!

Perhaps you recall that the infamous Venice Beach Business Improvement District has been nonoperational for an entire year after the second-time’s-a-charm reapproval by City Council, whose blindingly arrogant indifference to both law and decency necessitated this expensive and amateurish do-over.

Well, they’re operational now, friends! Yesterday morning the VBBID CEO, AKA President-For-Life Tara Devine, transmitted in interstate commerce1 an announcement of the BID’s first-ever meeting. Here are the documents involved:

The meeting is on Friday morning at 10 a.m. If you’re able and willing to attend and film the entire meeting, which is your absolute right under the Brown Act, please do so, as various prior commitments prevent me from attending. If you’d like some tips on how to film Brown Act meetings effectively, please get in touch!

Meanwhile, turn the page for a critical analysis of selections from these woefully deficient documents as well as some special bonus info on how and why President Tara Devine and her co-conspirators are so arrogantly outlaw.
Continue reading Venice Beach BID To Hold First Public Meeting On Friday, January 5, Inaugurating Both A Quantum Freaking Leap And A Sea Freaking Change In The Illegal Freaking Bullshitization Of Venice — Please Attend And Tell These Shameless, Already-Being-Sued, Law-Flouting Creeps What You Think Of Their Nonsense — Also, If You’re Able To Film The Meeting, Please Do So!

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