Courts, Rulings & Lawsuits | |
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S.F. to ramp up clearing homeless encampments after new court guidance
San Francisco will ramp up cleaning of homeless encampments following recent guidance from the Ninth Circuit of Appeals related to an ongoing lawsuit about how the city treats unhoused people on the streets, city officials said Monday. The city has been mired in a debate about how to deal with its unhoused residents for more than a year.
San Francisco Chronicle
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Judge rules California’s detachable magazine ban unconstitutional, state appeals
California will soon have to stop enforcing its ban on gun owners having detachable magazines that hold more than 10 rounds after a federal judge in San Diego ruled on Friday that the law is unconstitutional. In his 71-page order, U.S. District Judge Roger Benitez, a George W. Bush appointee, deemed the law, in scathing detail, an “extreme ban” that curtails Californians Second Amendment rights to buy and own weaponry for self defense, weaponry that can be owned by residents of other states.
Courthouse News Service
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Compton man found guilty of attempting to murder sheriff’s deputies in 2020 ambush
A Compton man was found guilty Thursday of committing 10 felonies during an 11-day period that culminated in the attempted murders of two Los Angeles County sheriff’s deputies. After a two-month trial, a Los Angeles County Superior Court jury convicted Deonte Lee Murray, 39, of attempted murder, carjacking, robbery, assault with a firearm and possessing a gun as a felon, said Deputy Dist. Atty. Eric Siddall, one of the prosecutors who charged Murray.
Los Angeles Times
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California law removing guns from people under restraining orders survives court challenge
A California law that bars people who are under restraining orders from possessing firearms survived a federal court challenge on procedural grounds Thursday, marking a win for gun control advocates. A split panel of the U.S. 9th Circuit Court of Appeals ruled 2 to 1 that Huntington Beach couple Miranda and Richard Wallingford’s challenge to California’s law was moot - or no longer legally viable - because the restraining order at the heart of their case had lapsed and they are no longer barred from possessing guns.
Los Angeles Times
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Ninth Circuit calls foul on University of Arizona in Title IX abuse suit
An en banc Ninth Circuit ruled 8-3 Monday that the University of Arizona violated the Title IX rights of a student who was abused by a football scholarship recipient at his off-campus house. While attending the University of Arizona on a football scholarship, Orlando Bradford “repeatedly and violently assaulted” Mackenzie Brown, as well as two other female students that university staff were aware of.
Courthouse New Service
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FTC antitrust lawsuit accuses Amazon of a monopoly, illegal conduct
The Federal Trade Commission accused Amazon, worth $1.3 trillion today, of being a monopoly and misusing its powers, punishing merchants and limiting services to sellers that don't buckle to Amazon's demands, according to the high stakes lawsuit filed Tuesday. Amazon forces sellers to use its warehouses and delivery services, inflating costs for consumers and sellers, and to offer products more cheaply on other platforms, says the FTC, which quotes a seller as saying: "We have nowhere else to go, and Amazon knows it.”
The Counterfeit Report
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Federal judge approves LA County's settlement of homelessness lawsuit
A federal judge Thursday signed off on the settlement of a closely watched lawsuit dealing with local government’s response to a perceived lack of services for the thousands of homeless people on the streets of Los Angeles. U.S. District Judge David Carter rejected earlier efforts to settle, denying a previous joint stipulation to dismiss the case brought by Los Angeles County and plaintiffs the LA Alliance for Human Rights - a coalition of housed and unhoused residents of downtown - saying he wanted the county to provide both additional homeless services and hand the court more “oversight and enforcement powers.”
City News Service
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Jury awards $20 million to woman’s relatives
A jury awarded $20 million Thursday to relatives of a woman killed in a collision caused by a former school principal who was driving while drunk in Lancaster in 2018. The Los Angeles Superior Court panel also found that Geico had refused to settle the case for the policy limits before trial. According to trial testimony in the suit brought by Salvador Rodriguez Ordaz and Braulia Ordaz against Mary Noel Kruppe of Pearblossom the then-Enterprise Elementary School principal was intoxicated when she veered into oncoming traffic on Nov. 15, 2018, colliding with a car driven by the plaintiffs’ 29-year-old daughter, Jessica Ordaz.
City News Service
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Judge rules Donald Trump defrauded banks, insurers while building real estate empire
A judge ruled Tuesday that Donald Trump committed fraud for years while building the real estate empire that catapulted him to fame and the White House, and he ordered some of the former president’s companies removed from his control and dissolved. Judge Arthur Engoron, ruling in a civil lawsuit brought by New York Attorney General Letitia James, found that Trump and his company deceived banks, insurers and others by massively overvaluing his assets and exaggerating his net worth on paperwork used in making deals and securing loans.
AP
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Mom of slain deputy devastated DA isn't pursuing death penalty: 'How dare you’
The mother of a young sheriff's deputy who was gunned down on duty is devastated that the district attorney isn't pursuing the death penalty. "It just seems that the district attorney wants to spare a life, when [the suspect] didn't spare my son's life - he executed my son," Kim Clinkunbroomer, the mother of slain Los Angeles County sheriff's deputy Ryan Clinkunbroomer, told ABC News in an exclusive interview.
ABC News
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George Gascón, moral pygmy
It was a morally obtuse, colossally stupid thing to say. In other words, it was everything one has come to expect from Los Angeles County District Attorney George Gascón. Speaking at a Wednesday press conference to announce the charges against Cataneo Salazar, who is accused of killing L.A. County sheriff’s deputy Ryan Clinkunbroomer, Gascón stepped to the microphone with the slain deputy’s family at his shoulder, including the woman to whom Clinkunbroomer had recently become engaged. What followed was at once shocking and yet sadly predictable.
Jack Dunphy/PJ Media
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Orange County doctor specializing in treating LGBTQ+ community charged with sexually assaulting male patients
An Orange County infectious disease doctor specializing in treating members of the LGBTQ+ community has been charged with sexually assaulting nine male patients, officials announced Tuesday. The incidents occurred “under the guise that the assaults were part of necessary medical exams,” according to the Orange County District Attorney’s Office.
KTLA
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Former Baldwin Park city attorney a ‘co-conspirator’ in $70K bribery scheme, indictment alleges
Baldwin Park’s former city attorney “knowingly and intentionally” assisted in a bribery and wire fraud scheme that funneled $70,000 in illicit payoffs to former Councilman Ricardo Pacheco to secure his vote on a cannabis permit, according to federal authorities. The new allegations against Robert Tafoya became public last week following the federal grand jury indictment of Tafoya’s longtime friend and alleged co-conspirator, former Compton Councilman Isaac Galvan.
Pasadena Star News
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Three defendants arrested on federal complaint alleging they kidnapped Inland Empire teenager held for ransom in Santa Maria
Three men were arrested today and have been charged in a federal criminal complaint alleging they kidnapped a 17-year-old boy in San Bernardino County and held him for ransom in Santa Maria. Fidel Jesús Patino Jaimes, 22, Jair Tomás Ramos Domínguez, 26, of Santa Maria, and Ezequiel Felix López, 27, all of whom told law enforcement they were from Santa Maria, were arrested Friday morning and were charged this evening with kidnapping, a felony that carries a statutory maximum sentence of life imprisonment.
U.S. Attorney’s Office Press Release
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Former LBPD officers acquitted of filing false police reports
Jurors on Wednesday acquitted two former Long Beach police officers accused of filing a false police report about a gun arrest in 2018. Dedier Reyes, 40, and David Salcedo, 30, were each found not guilty of one count of filing a false police report. Reyes was also found not guilty of an additional perjury charge for signing a separate document attesting to the facts of the arrest.
Long Beach Post
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IE deputy with alleged ties to Mexican cartel is charged with possession of 104 pounds of fentanyl
A Riverside County sheriff's correctional deputy with alleged ties to a Mexican drug cartel was charged with drug trafficking and possession of over 100 pounds of fentanyl, according to prosecutors. Jorge Alberto Oceguera-Rocha, 25, of Banning was charged in state court on Monday after federal prosecutors declined last week to seek an indictment against him, resulting in his flash release from jail and immediate re-arrest.
ABC7
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OCDA Spitzer laments the cop haters employed by County District Attorneys
The murder of one of society’s sworn protectors should be one of society’s most solemn moments. If our protectors can’t protect themselves from evil, then who will be able to protect all of us? Instead of treating the murder of Los Angeles County Sheriff’s Deputy Ryan Clinkunbroomer with the dignity, respect, and gratitude befitting a fallen officer, Los Angeles County District Attorney George Gascon lied to the young deputy’s family when he promised he would seek the harshest sentence allowable under the law - Life without the Possibility of Parole.
New Santa Ana
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Four-time congressional candidate charged in long-running misuse of campaign funds
Federal prosecutors today unsealed a grand jury indictment that accuses a Torrance man who was a candidate for a Los Angeles County congressional seat in four federal elections with misusing campaign funds, including funneling tens of thousands of dollars in campaign donations back to himself through his friends and family. Omar Navarro, 34, is charged in a 43-count grand jury indictment.
U.S. Attorney’s Office Press Release
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Zero bail set to take effect Sunday in LA County, but concerns linger
Law enforcement officials and some residents continued to express safety concerns Tuesday about the imminent implementation of zero bail in Los Angeles County, but backers of the plan told the Board of Supervisors that misinformation about the system is leading to unfounded perceptions that crime will increase and criminals won't be held accountable.
City News Service
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Kevin May v. City of Los Angeles: A cautionary tale in labor relations
A significant legal battle that began in 2018 recently came to an end, resulting in four Los Angeles Airport Police Department (LAXPD) officers winning a major class-action adverse employment action case against Los Angeles World Airports (LAWA), the City of Los Angeles and former LAXPD Chief David Maggard Jr. The case, Kevin May v. City of Los Angeles, stems from officer allegations that they received “a slew of adverse employment actions” from their supervisors - including promotion denials - after their treating physicians recommended that the injured officers wear police-issued load-bearing vests while on duty.
LAAPOA
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California could be next state to bypass the bar exam
The State Bar of California is contemplating a new admissions pathway that would allow law graduates to become licensed without taking the bar exam. The State Bar’s Board of Trustees on Thursday unanimously voted to gather public comments on a proposed new program in which law graduates would receive provisional licenses and work under the supervision of an experienced attorney for four to six months while being paid. During that time, candidates would compile a portfolio of work that would be graded by the state bar.
Reuters
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Alameda police unable to skirt multiple claims ahead of Mario Gonzalez asphyxiation death trial
Ahead of a trial set for November, a federal judge upheld some claims against Alameda police officers named in Mario Gonzalez’s family’s civil rights suit - saying they displayed “reckless disregard” in Gonzalez’s death in 2021. Gonzalez died on April 19, 2021, after three Alameda police officers detained him at Scout Park because they claimed he was drunk and was a danger to himself.
Courthouse News Service
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Curious Ninth Circuit reversal on habeas
The title of this post might make you suspect that a Ninth Circuit panel reversed a district court’s denial of habeas relief. But what happened today in Kelsey v. Garrett is much rarer than that: A Ninth Circuit panel granted a petition for rehearing of its ruling that had reversed a district court’s denial of habeas relief, and it issued a new ruling affirming the denial of habeas relief. In other words, the panel reversed itself and denied relief.
National Review
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Gov. Newsom signs law raising taxes on guns and ammunition to pay for school safety
California will double the taxes on guns and ammunition and use the money to pay for more security at public schools and various violence prevention programs under a new law Gov. Gavin Newsom signed Tuesday. The federal government already taxes the sale of guns and ammunition at either 10% or 11%, depending on the type of gun. The law Newsom signed adds another 11% tax on top of that - making it the only state with its own tax on guns and ammunition, according to the gun control advocacy group Brady.
AP
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Inside the ambush of two L.A. sheriff’s deputies: Cold, calculating revenge
By the time he sidled up to a patrol car and shot two Los Angeles County Sheriff’s deputies at point-blank range, Deonte Lee Murray was in the midst of a crime rampage. It began 11 days earlier, when he shot a man in Compton and stole his Mercedes-Benz, Deputy Dist. Atty. Stephen Lonseth told a jury Wednesday in his closing argument at Murray’s trial on charges of attempted murder, assault, robbery and carjacking.
Los Angeles Times
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The slow, agonizing death of Los Angeles
Meet me at Hollywood and Vine,” people of a bygone era once said. There was a time when the invocation of that famous intersection in Los Angeles conjured up images of all the glamor and fine living once associated with the entertainment industry. The sidewalks radiating from that intersection are collectively known as the “Walk of Fame,” where past and present notables of the film, television, radio, and recording industries are honored with their names on a star embedded in the terrazzo pavement.
The Pipeline
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L.A. County to pay nearly $2.6 million to former fire captain shot at Agua Dulce station
The Los Angeles County Board of Supervisors agreed Tuesday to pay nearly $2.6 million to a former Fire Department captain who was shot by a fellow firefighter at the Agua Dulce station where they worked. Capt. Arnoldo Sandoval sued the county last year alleging assault, battery and negligence in the June 1, 2021, shooting at L.A. County Fire Station 81. Jonathan Tatone, who shot Sandoval, also fatally shot another fire engineer, Tory Carlon, before later killing himself.
Los Angeles Times
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Deputy D.A. launches bid for judicial office
Deputy District Attorney Victor Avila has taken a step toward running for a Los Angeles Superior Court open seat by acquiring from the Registrar-Recorder’s Office a petition on which to gather signatures, each of which will shave a portion from the filing fee. Avila has staked out Office No. 93, currently held by Judge Malcolm Mackey. At 94, Mackey is the oldest member of the Superior Court and made it known in 2018, after he easily beat off an election challenger, that he would not run in 2024.
Metropolitan News-Enterprise
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Malibu mayor says Kardashian party violated permit - a trend city leaders say is growing
Kourtney Kardashian’s lifestyle brand Poosh threw a promotional poolside party at a Malibu mansion over the weekend, drawing dozens of influencers to the coastal city. Now, the city’s mayor, Bruce Silverstein, is accusing the event’s planners of misleading the city in order to get a permit to throw the party and going on to violate the city’s rules during the event. And he said Kardashian’s party is only the latest example of a large event put on by the rich getting what he says is favorable treatment from city staff members.
Los Angeles Times
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L.A. County offers 3,000 new mental health and substance use treatment beds in bid to end lawsuit
Facing the prospect of a trial neither side wanted, Los Angeles County and the plaintiffs in a lawsuit seeking more homeless services have proposed a settlement that appears to meet the demands of a federal judge who twice rejected earlier agreements. In the new proposal, filed in federal court Monday, the county pledges to provide an additional 3,000 beds for mental health and substance use treatment by the end of 2026.
Los Angeles Times
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$750,000 in overtime: How a group of LAUSD employees abused extra-pay practices
A small group of Los Angeles Unified School District employees collected more than $750,000 combined in extra pay over three years, much of it improperly approved, prompting investigations and leading to the demotions, reassignments or departures of at least 10 employees, including four senior administrators, court documents and district records show.
Los Angeles Times
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LA Fire Department is rethinking its tattoo policy. And it wants your help
The Los Angeles Fire Department is seeking public input on whether it should change its tattoo policy. For more than 15 years, the LAFD has required firefighters to cover their tattoos with a bandage, skin patch, or long sleeve shirt because they deemed them to be unprofessional - to the degree that new recruits with tattoos that can't be covered up aren't hired.
LAist
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$218K in stolen retail merchandise found in backyard of L.A. home
Authorities with the California Highway Patrol’s Organized Retail Theft Task Force on Wednesday announced the recovery of more than $200,000 worth of stolen merchandise and the arrest of 10 suspects in connection with a retail theft fencing operation. On Sept. 13, CHP partnered with LAPD’s newly formed Los Angeles Organized Retail Crime Task Force, to investigate the fencing operation, which was selling stolen retail merchandise at swap meets in the L.A. area, according to a new CHP news release.
KSEE
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Hidden tracker inside stolen designer purse leads to arrest of burglary crew
Investigators say that a hidden tracking device inside of a stolen designer purse helped them in the arrests of several members of a burglary crew targeting several Southland communities in recent months. According to Los Angeles Police Department members of the group are suspected of committing at least 20 home burglaries in West Los Angeles and the San Fernando Valley.
KCAL News
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Las Vegas teen accused of hitting, killing cyclist: ‘I’ll be out in 30 days, I’ll bet you’
The teenager who police say intentionally struck and killed a retired police chief from Bell, California as he was riding a bike said he would get a “slap on the wrist” after he was taken into custody, investigators with Nexstar’s 8newsnow.com have learned. Jesus Ayala, 17 at the time, appeared to show no remorse while being taken into custody. Ayala, now 18, faces 18 counts - including murder - and has a lengthy criminal history in the juvenile system.
Nexstar Media
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Senator Robert Menendez faces federal charges in bribery scheme
Senator Robert Menendez has been charged with bribery, according to a federal indictment unsealed on Friday from the Southern District of New York after investigators seized gold bars and about $480,000 cash from his home. The New Jersey Democrat is being charged alongside his wife, Nadine Menendez, for the alleged corruption scheme. New Jersey real estate developer Fred Daibes; a friend of Nadine Menendez, Wael Hana; and businessman Jose Uribe were also named as defendants in the indictment.
Courthouse News Service
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Home Depot, others challenge $2.7 billion Blue Cross antitrust settlement in federal appeals court
A federal appeals court heard arguments Friday over the approval of a nearly $2.7 billion subscriber class action settlement in an antitrust action against the Blue Cross Blue Shield association. Subscribers sued the health insurance giant 11 years ago in a class action accusing it of entering into an unlawful agreement that allowed its 36 insurer companies to avoid competing against one another and hiked prices for customers.
Courthouse News Service
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California crime concerns spark protest in Oakland
Small business and restaurant owners in Oakland have had enough. Tuesday, dozens gathered together in a tense and raucous rally downtown, and several owners went on “strike,” closing for a few hours or the whole day, to demand public safety reforms. Concerns about rising crime reverberate far beyond Oakland: In a February survey by the Public Policy Institute of California, 76% of respondents said violence and street crime is a big or at least somewhat of a problem where they live. And for good reason: violent crime increased by 13.5% from 2019 to 2022 statewide.
CalMatters
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Target says it will close nine stores in major cities across four states because of theft and organized crime
Target is closing nine stores in major cities across four states, claiming theft and organized retail crime have made the environment unsafe for staff and customers - and unsustainable for business. The big box chain is part of a wave of retailers - both large and small - that say they’re struggling to contain store crimes that have hurt their bottom lines. Many have closed stores or made changes to merchandise and layouts.
CNN
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Homeless man arrested for assaulting anti-crime advocate John Alle
Prominent City Hall critic and downtown business owner John Alle was hospitalized this week after a violent altercation with a homeless man in Palisades Park. According to the Santa Monica Police Department, Alle was recording video in the park when he turned his camera on the homeless suspect, identified as Tyler Jordan Keating. “The suspect was angry he was being filmed and stood up to confront the victim, demanding he stop recording,” said SMPD.
Santa Monica Daily Press
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L.A.’s mayor declared a homeless emergency. A new lawsuit says it should be repealed
A Westside-based nonprofit group filed a lawsuit Monday that seeks to strike down Los Angeles Mayor Karen Bass’ declaration of a local emergency on homelessness and housing, calling it a “vast and illegal expansion of mayoral power.” Fix the City, which has sued city government several times over planning and development decisions, said in its lawsuit that the mayor’s declaration improperly eliminates competitive bidding, undermining “the state’s objective of ensuring fairness, transparency, and fiscal responsibility in public procurement.”
Los Angeles Times
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California politicians point fingers as tolerance of homelessness wears thin
Many political promises have been made, many billions of taxpayer dollars have been spent and many programs have been launched, but the state’s homelessness crisis continues to worsen and Californians’ tolerance has worn thin. A few months ago, the Public Policy Institute of California took the public’s temperature on the issue and found that overwhelming majorities of the state’s adults want something done, pronto. It’s one of the few major issues that bridges the state’s otherwise wide partisan divide.
CalMatters
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Convictions/Sentences/Parole/Appeals | |
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Convicted murderer denied parole seen as unreasonable risk to public safety
The California Board of Parole Hearings denied parole to a convicted murderer who poses as an unreasonable and current risk to public safety, according to the Kern County District Attorney’s Office. According to the District Attorney’s office on Dec. 2, 2004, Maricruz Galaviz, who is now 46, pleaded guilty to first-degree murder and was sentenced to 25 years in prison.
KGET
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Guilty plea in San Fernando Valley ‘darknet’ drug ring that packed narcotics inside stuffed animals
A Lancaster man pleaded guilty Thursday to a federal charge for his role in a drug ring that sold cocaine, heroin, methamphetamine and crack cocaine hidden in stuffed animals on “darknet” marketplaces. Adan Sepulveda, 30, entered his plea in Los Angeles federal court to one count of possession with intent to distribute methamphetamine. He and four other Lancaster residents were charged in 2019 with membership in the Drugpharmacist drug trafficking organization, named for the moniker it used on the darknet marketplaces Wall Street Market and Dream.
City News Service
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Counterfeits fuel profits on Amazon, eBay, and Walmart
E-commerce sites, including Amazon, eBay, and Walmart, have revolutionized how we shop, offering convenience, variety, and competitive prices at the click of a button. However, this digital marketplace has a dark underbelly - a profitable, thriving trade in counterfeit goods. Counterfeits are fake products that imitate the appearance and branding of genuine goods, and they are a major source of profit for many e-commerce sites and sellers.
The Counterfeit Report
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What to know about California’s new proposed rules for property insurance companies
Months after California’s home insurance market was rattled by major companies pausing or restricting their coverage, the state’s top regulator said Thursday that he would write new rules aimed at persuading insurers to continue doing business in the nation’s most populous state. Seven of the 12 largest insurance companies by market share in California have either paused or restricted new policies in the state since last year.
AP
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Smart tech life hacks to save you time and keep you safe
When you work in tech, the questions never end. One I get over and over again: “Kim, was my computer hacked?” Maybe. There are tell-tale signs someone or something has compromised your system. Not every situation is so scary. “Kim, how do I scan stuff with my phone?” I’ve got your back. I got a text from a number I felt I should have known not long ago, but it wasn’t saved on my phone.
Kim Komando
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No free-speech protection from lawsuit against 'Bling Empire' producers
California’s law allowing for the quick dismissal of lawsuits challenging free speech won’t protect the producers of “Bling Empire” from a lawsuit by Kelly Li, onetime star of the reality series. Li sued Jeff Jenkins, his production company and Bongo LLC for allegedly failing to honor a contract under which she’d be executive producer of the series, which highlighted the lifestyles of rich Asians. Netflix canceled the series after three seasons earlier this year.
Legal Newsline
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Small New York fund secretly managed $7B for Russian tycoon, SEC says
A small, little-known New York firm and its owner made tens of millions of dollars managing money for an unnamed Russian tycoon who has political clout in Moscow, the Securities and Exchange Commission said. On Tuesday, the US financial watchdog charged Concord Management, based in Westchester County, and its owner, Michael Matlin, with not registering with authorities that they were investing money on behalf of "a wealthy former Russian official widely regarded as having political connections to the Russian Federation."
Insider
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Brad Pitt seeks dismissal of claims brought by former Jolie company
Brad Pitt is seeking dismissal of all claims brought against him in a cross-complaint filed by a company founded by Angelina Jolie, which alleges that the actor was behind an effort to take control of Chateau Miraval, the 1,300-acre country estate the former couple bought in 2008 and where they married in 2014. Nouvel LLC brought the Los Angeles Superior Court $350 million cross-complaint in September 2022 against Pitt, his company, Mongo Bongo LLC and other defendants, alleging claims that include tortious interference with contractual relations and prospective economic advantage.
MyNewsLA
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California prisons can still cooperate with immigration officials after Newsom veto
Gov. Gavin Newsom on Friday vetoed a bill aimed at preventing state prisons from helping federal immigration authorities deport people after they’re resentenced. Assembly Bill 1306, or the HOME Act (for “Harmonizing Our Measures for Equality”), passed both houses of the Legislature by wide margins, and faced no formal opposition. “I believe current law strikes the right balance on limiting interaction to support community trust and cooperation between law enforcement and local communities,” Newsom wrote in his veto statement.
San Francisco Chronicle
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