Courts, Rulings & Lawsuits | |
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C.A. resolves ambiguity in statute on striking dated priors
A statute that discourages the use of a prior for enhancement purposes when the former conviction occurred more than five years earlier is ambiguous but should be interpreted to refer to a period that ends upon commission of the current offense and not when the conviction or sentencing takes place, Div. Three of this district’s Court of Appeal has held.
Metropolitan News-Enterprise
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Fourteen cases to watch from the Supreme Court’s end-of-summer “long conference”
Just before the Supreme Court begins its new term on the first Monday in October, the court gathers to consider all the hundreds of cert petitions that have built up over the summer. The court’s so-called “long conference” took place on Sept. 30 this year, and it yielded 15 granted cases so far. But the justices apparently needed a little more time with another 14 cases that were first considered at the long conference, which are newly relisted this week.
SCOTUSblog
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No liability for death of jail inmate placed in cell with volatile schizophrenic
There is no liability on the part of a San Bernardino County sheriff’s deputy for failing to protect a mentally ill inmate of a jail who was placed in a cell with a man suffering from schizophrenia, who had been engaged in bellicose behavior, and one night brutally beat the victim to death, the Ninth U.S. Circuit Court of Appeals has declared.
Metropolitan News-Enterprise
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SpaceX sues California regulators over rejected launches, claiming political bias
SpaceX filed a lawsuit against a California commission Tuesday, accusing members of political bias after they rejected the aerospace company’s request to allow more rocket launches from an air base in the state. The suit was filed in federal court against the California Coastal Commission, a state agency tasked with planning and regulating the land and water use on the state’s coast.
The Hill
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Woman, 70, is not exempt from imposition of restraining order for elder abuse
It’s no defense to a petition for a restraining order under the Elder Abuse and Dependent Adult Civil Protection Act that the defendant is herself an oldster, the Court of Appeal for this district has held in rejecting the position of a restrained person under that act who is a wheelchair-bound 70-year-old lawyer.
Metropolitan News-Enterprise
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Man’s appeal denied in shooting deaths of two 15-year-old boys
A state appellate court panel Tuesday rejected an appeal filed on behalf of one of three people convicted in a Mother’s Day 2018 shooting in South Los Angeles that left two 15-year-old boys dead and two others wounded. The three-justice panel from California’s 2nd District Court of Appeal turned down Cristian Ivan Macias’ claim that substantial evidence does not support the jury’s finding that the now 25-year-old defendant personally used and intentionally discharged a firearm that caused death or great bodily injury.
MyNewsLA
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Escape conviction proper for man who left with consent
The Ninth U.S. Circuit Court of Appeals yesterday affirmed, in a 2-1 decision, the escape conviction for a man who failed to return to a halfway house - at which he was serving the last month of a federal sentence - after being granted permission to leave to go to the hospital despite evidence that an employee of the facility denied him reentry after seeking care.
Metropolitan News-Enterprise
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Judge orders Veteran Affairs to build supportive housing on West LA campus
A federal judge issued a final ruling Friday in the legal battle by homeless vets suffering from serious mental illness to force the U.S. Department of Veteran Affairs to make the huge VA campus in West Los Angeles serve their needs again. U.S. District Judge David Carter entered final judgment in favor of the veterans and issued a permanent injunction requiring the department to build 1,800 supportive housing units on the campus within six years so that veterans can have accesses to the services they require without having to live on the streets nearby.
Courthouse News Service
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Judge won’t block Alameda County ordinance preventing reporting on car ‘sideshows’
A federal judge denied on Friday an injunction to an Oakland journalist who wanted to continue reporting on dangerous, illegal car stunt shows without police intervention. In his order, Chief U.S. District Judge Richard L. Seeborg said that the act of spectating at these events, called "sideshows," lacked a significant expressive element and thus did not trigger First Amendment protections.
Courthouse News Service
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Following new precedent, appeals court raises eyebrows at DACA ruling
A federal judicial panel in the conservative Fifth Circuit Court of Appeals expressed reservations Thursday about upholding a 2023 ruling from a lower court, which temporarily outlawed the Obama-era immigration program known as Deferred Action for Childhood Arrivals or DACA. The panel - primarily led in questioning by U.S. Circuit Judge Stephen A. Higginson, a Barack Obama appointee - repeatedly cited the U.S. Supreme Court’s 2023 decision in United States vs. Texas, which determined states cannot challenge the federal government’s authority to establish immigration priorities.
Courthouse News Service
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Meta can’t escape States’ claims it hooked kids on platforms
Meta Platforms Inc. must face a lawsuit by dozens of state attorneys general alleging it knowingly contributed to a youth mental health crisis by getting kids hooked on social media. A federal judge in California on Tuesday sided with 34 attorneys general in allowing some of the claims over Meta’s Facebook and Instagram platforms to proceed in sprawling litigation over the harmful effects of social media.
Bloomberg Law
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No public interest in suing board for relief against agency
Div. Two of the Fourth District Court of Appeal has held that the public interest exception to anti-SLAPP legislation does not apply to claims against a water district’s board members and manager - relating to alleged conflicts of interest in setting diverging rates for different locations - as there is no value advanced when individual corporate actors are sued for relief, such as the return of revenue, that can only be provided by the agency.
Metropolitan News-Enterprise
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George Gascón’s selective compassion: Ignoring crime victims’ rights to protect his narrative
Crime victims have an unassailable right to be treated with respect, dignity, and compassion. Yet, George Gascón has shown a consistent and blatant disregard for this Constitutional right since taking office. He selectively engages with victims who support his policies, dismissing those who disagree as “uneducated.” This is not just a failure of leadership; it’s a fundamental betrayal of the victims and their families.
Los Angeles Daily News
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Gascon abandons rape victims at parole hearings
In 2002 a man broke into Gloria G.'s home. He raped her at knife point and committed several other types of horrific sexual assaults. He threatened to kill her son. He was convicted and sentenced to over 100 years to life in prison. However, because of a change in the law, the man who raped Gloria, who is now over 50 years old, qualified for an elder parole hearing.
Santa Monica Observer
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Prosecutors charge protesters from UC Irvine demonstrations in May
The Orange County District Attorney’s Office has charged 49 people with misdemeanors for failing to disperse during a pro-Palestinian protest at UC Irvine in May. One additional person was charged with one misdemeanor count of resisting arrest and one misdemeanor count of vandalism in connection with the protest for an incident on June 6, according to a D.A. spokesperson.
NBC4
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Ex-LAPD officer to face charges in 2015 killing of homeless man in Venice
An arrest warrant has been issued for a former Los Angeles police officer who shot and killed an unarmed homeless man in Venice Beach in 2015, marking a dramatic reversal of a past decision not to file charges in the case, multiple officials with direct knowledge of the situation told The Times. Clifford Proctor, who served as an LAPD officer for about a decade, fired two fatal shots into the back of Brendon Glenn, a 29-year-old homeless man, after a dispute with a bouncer outside a bar near the Venice Speedway in May 2015.
Los Angeles Times
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LA City Attorney won't prosecute Eagle Rock couple suspected of secretly recording council members
The Los Angeles City Attorney will not prosecute the Eagle Rock couple suspected of secretly recording a conversation between four Latino political leaders that led to the resignations of the Los Angeles City Council president and the leader of the Los Angeles County Federation of Labor, according to media reports today.
City News Service
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O.C. man charged with workers’ comp fraud involving $100 million of billings
In a major California workers’ comp insurance case, authorities have charged an Orange County man who was twice convicted of fraud, along with a San Diego neurosurgeon and two others, in connection with allegedly billing nearly $100 million in fraudulent fees.
Los Angeles Times
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Menendez brothers’ uncle requests DA meeting; says boys’ motive was greed
Not every Menendez family member feels the brothers should be released. Kathy Cady is a victim’s rights attorney representing Milton Andersen, the brother of Kitty Menendez. He believes Erik and Lyle Menendez weren’t molested by their father Jose and that “justice was served.”
NewsNation
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Los Angeles County DA releases Menendez brothers letter cited as 'new evidence' that sparked review of case
Los Angeles County District Attorney George Gascon on Sunday released a letter he cited as "new evidence" in the Menendez brothers case, which is being reviewed as the pair appeal their convictions for the 1989 murders of their parents. In a series of images of Joseph Lyle Menendez, 56, and Erik Menendez, 53, Gascon posted a letter written from Erik to his cousin, Andy Cano, in which Erik allegedly reported abuse from his father, Jose Menendez, months before the killings of his father and mother, Mary "Kitty" Menendez in their Beverly Hills mansion.
Fox News
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California man accused of using drone to deliver fentanyl and other drugs
A Southern California man was arrested Wednesday after federal prosecutors say he used a drone to deliver fentanyl and other drugs to customers, including one who died of a fentanyl overdose. Christopher Patrick Laney, 34, of Lancaster, California, was arrested on several charges, including distribution of fentanyl resulting in death, four counts of knowingly and willfully operating an unregistered aircraft in furtherance of a felony narcotics crime, and possession with intent to distribute methamphetamine and fentanyl, U.S. Attorney Martin Estrada for the Central District of California said in a statement.
AP
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Criminal justice reform is on the ballot in the LA district attorney race
Los Angeles County District Attorney George Gascón has been a lightning rod for criticism since he was sworn into office in December 2020. The former San Francisco police chief and DA came into office in LA promising a change from the “tough on crime” policies of his predecessor. Now, multiple recall attempts and four years later, Gascón is seeking reelection.
KQED
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With retail theft skyrocketing under Gascon, 7-Eleven franchise owners endorse Nathan Hochman for District Attorney
Spurred to action by years of increasing retail theft under the current D.A., California 7-Eleven franchise owners are enthusiastically supporting Nathan Hochman for Los Angeles County District Attorney. The 7-Eleven Franchise Owners Association of Southern California and the California 7-Eleven Franchisees PAC said they believe Hochman is clearly the best choice for District Attorney in the Nov. 5 election.
Nathan Hochman News Release
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Nathan Hochman: Championing accountability and public safety in the race for Los Angeles District Attorney
Voters in Los Angeles face a defining moment in the 2024 election: the race for District Attorney. The contest between incumbent George Gascón and challenger Nathan Hochman places public safety, criminal justice reform, and accountability at the forefront of the debate. In this high-stakes election, the Westside Current is endorsing Nathan Hochman for District Attorney, recognizing his experience, balanced approach to justice, and vision for the future.
Westside Current
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Nathan Hochman, LA County District Attorney candidate, 2024 election questionnaire
Ahead of the November general election, the Southern California News Group compiled a list of questions to pose to the candidates who wish to represent you. You can find the full questionnaire below. Questionnaires may have been edited for spelling, grammar, length and, in some instances, to remove hate speech and offensive language.
Southern California News Group
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California’s Prop 47 criminal-justice reform caused crime, drug abuse spike, study finds
A criminal-justice reform ballot initiative California passed ten years ago produced higher crime rates and exacerbated drug abuse problems, according to a new think tank report. The Manhattan Institute, a conservative think tank, released a study Thursday showing how criminal behavior went up and drug abuse worsened because of Proposition 47, a measure passed in 2014 that downgraded penalties for various "petty" criminal offenses.
National Review
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L.A. Archdiocese to pay record settlement over clergy abuse; cumulative payouts top $1.5 billion
In what could be the closing chapter in a landmark legal battle, the Archdiocese of Los Angeles has agreed to pay $880 million to victims of clergy sexual abuse dating back decades in the largest settlement involving the Catholic Church. Attorneys for 1,353 people who allege that they suffered horrific abuse at the hands of local Catholic priests reached the settlement after months of negotiations with the archdiocese.
Los Angeles Times
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A top detective alleges the LAPD is toxic toward women. Will her lawsuit bring change?
Even as a young street cop trying to work her way up the ranks of the Los Angeles Police Department in the mid-90s, Kristine Klotz says she was quick to call out sexism on the job. Right is right and wrong is wrong, she used to tell herself, knowing that she would ruffle some feathers in the process. So she didn’t hesitate to speak up last summer when she learned that a male supervisor in the vaunted Robbery-Homicide Division where she worked had allegedly compared female detectives to sex workers on Figueroa Street.
Los Angeles Times
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Monsanto will pay Los Angeles $35 million to settle lawsuit over contaminated waters
Monsanto has agreed to pay the city of Los Angeles $35 million to settle a lawsuit claiming that the agrochemical giant's use of polychlorinated biphenyls or PCBs in a range of its products tainted the city's water supplies. “With this settlement, Monsanto is being held accountable for the damage its dangerous PCBs have inflicted upon Angelenos for decades,” LA City Attorney Hydee Feldstein Soto said in a written statement on Friday.
Courthouse News Service
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Sean ‘Diddy’ Combs choked intern, put UCLA staffer in headlock during brawl, document alleges
Sean “Diddy” Combs was so upset about the way his son was being disciplined by a UCLA football coach in 2015 that he went to the coach’s office and fought with him, briefly choked an intern and put another member of the coaching staff in a headlock, according to a document newly obtained by The Times from Los Angeles County prosecutors.
Los Angeles Times
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Ex-members of sheriff's 'secret police' testify to L.A. officials
For nearly five hours Friday, the Civilian Oversight Commission grilled two former members of a secretive unit within the L.A. County Sheriff’s Department accused of targeting former Sheriff Alex Villanueva’s foes. The controversial - and now disbanded - Civil Rights and Public Integrity Detail was behind several of the high-profile investigations that dominated the headlines throughout Villanueva’s tenure, including those into the county watchdog, a county supervisor, a member of the oversight commission and a Los Angeles Times reporter.
Los Angeles Times
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LAPD rookie cops face hazing by shaved heads and other ‘rites of passage,’ report says
The LAPD does not adequately monitor officers who train new hires in the field, leading to a culture in which hazing is encouraged and rookies are routinely told to “forget everything you learned in the academy,” according to a new study by the department’s inspector general. The report, released Tuesday by Interim Inspector General Florence Yu, focused on the treatment of graduates fresh out of the police academy, who are required to do three eight-week rotations learning from more senior officers in the field.
Los Angeles Times
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Los Angeles city controller warns of financial crisis as liability payouts exceed budget
Kenneth Mejia, the Los Angeles City Controller has issued a new social media statement on the state of the city’s finances, stating that the city is in danger of going broke. According to Meija’s post, the City of Los Angeles has exceeded its annual liability claims budget just three months into the fiscal year. The city had allocated $87 million for liability claims, but so far, it has spent $97 million.
Westside Today
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LAPD reports 53% rise in applications, so why has hiring declined?
While more candidates are applying for positions with the Los Angeles Police Department this year, overall hiring since 2022 decreased by 8% due to bottlenecks in background checks, officials said. During Tuesday’s Board of Police Commissioners meeting, LAPD officials reported that applications from 2022 to 2024 rose by 53%, participation in a candidate advancement program increased by 150%, and department interviews increased by 40%.
City News Service
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FBI quietly updates crime data to show big jump in violence under Biden-Harris admin: ‘Shocking'
The Federal Bureau of Investigation quietly updated its 2022 crime data to show an increase in violent crimes, despite previous data showing violent crimes had fallen that year, which was touted as a victory for the Biden-Harris administration. "For some reason, the media, they did pick the crime data that they think goes and makes the Democrats look as good as possible."
Fox News
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Beverly Hills police investigate anti-Semitic message painted on Holocaust survivor's home
The Beverly Hills Police Department is searching for the person who spray-painted an anti-Semitic message on a Holocaust survivor's apartment building. "As a human being anytime hates you it hurts," said Klara Firestone. "Hate me for something I did not for who I am because I can't change that.” Firestone, who is Jewish, lives in the building with her mother who survived the Holocaust.
CBS New York
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How city leaders in SoCal are stopping dangerous street takeovers before they start
Street takeovers are a problem. In addition to the smoke and noise, the events have been the scene of murders along with arson, human trafficking and narcotics activity. In spite of ongoing efforts to end the practice, since April 2023, there have been over 1,000 takeover events across Los Angeles County. "We want to make sure we stop these issues, because people are dying," said L.A. County Sheriff's Department Capt. Terrence Bell.
ABC7
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Counterfeits attract attention from FTC, election candidate, and Shark Tank host
Consumers flock to the internet in search of bargains, but what they often find is far more dangerous: a $4.5 trillion counterfeit industry thriving through online shopping platforms. A Red Points survey found that 68% of consumers were worried about buying fake or low-quality goods online. E-commerce sites have become ideal platforms for distributing counterfeit, fake, and replica products.
The Counterfeit Report
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California’s frustrating fight to end illegal weed
Law enforcement officers from the California Department of Cannabis Control converged on a shabby off-white storefront in the Los Angeles suburb of Arcadia around 7 a.m. on a Tuesday in June, clogging up traffic with a half dozen mostly unmarked police cars. Within half an hour, two of the storefront’s employees were in handcuffs, while officers used a set of pliers to break open its safe.
Politico
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Surprised? CA residents concerned about violent crime - and it spells bad news for "progressive" DA’s
In the last 10 years, residents have seen an increase in crime in many neighborhoods throughout Los Angeles and neighboring areas, and now many of them are raising their concerns about the very criminal justice form they voted for, hoping it would lead to a more equitable system and help end mass incarceration.
Law Enforcement Today
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Convictions/Pleas/Sentences | |
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‘Timepiece Gentleman’ of Beverly Hills admits to taking nearly $6M
A Beverly Hills watch dealer known as the “Timepiece Gentleman” admitted to defrauded dozens of his customers out of nearly $5.7 million. Anthony Farrer, 36, a former resident of downtown Los Angeles, pleaded guilty to one count each of wire and mail fraud, the U.S. Department of Justice said in a news release.
KTLA
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Former accounting chief at now-shuttered Girardi Keese law firm pleads guilty to embezzling money from clients and the firm itself
The former longtime head of the accounting department at the now-shuttered Los Angeles plaintiffs’ personal injury law firm Girardi Keese pleaded guilty today to enabling the embezzlement of tens millions of dollars from the firm’s injured clients and to embezzling money from Girardi Keese itself.
U.S. Attorney’s Office Press Release
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Substitute teacher gets 15 years to life for molesting boys in L.A. County
A former substitute teacher was sentenced to 15 years to life in prison for molesting two boys, though officials said they found no victims from the schools at which the man worked. Andrew Sandoval was sentenced on Wednesday after he pleaded no contest to two felony counts of oral copulation with a child 10 years or younger, the office of Los Angeles County District Attorney George Gascón said in a news release.
KTLA
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Operation Sticky Fingers: Early plea deals net 3-month jail sentences in California cannabis retail theft ring
A fraction of the two dozen men implicated in a statewide cannabis dispensary crime ring concentrated in Santa Cruz County pleaded guilty last week to charges. The state Attorney General’s Office-dubbed case “Operation Sticky Fingers,” announced at an August press conference in Live Oak, charged 24 people over nine counties during nine months.
Santa Cruz Sentinel
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McDonald's sues top meat packers for allegedly colluding to inflate the price of beef
McDonald’s has some beef with today’s largest meat packers. The fast food giant is suing the U.S. meat industry's “Big Four” - Tyson, JBS, Cargill and National Beef Packing Company - and their subsidiaries, alleging a price fixing scheme for beef specifically. In a federal complaint, filed Friday in New York, McDonald's accused the companies of anticompetitive measures such as collectively limiting supply to boost prices and charge “illegally inflated” amounts.
AP
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Judge: No, Ricola doesn't trick people into buying its cough drops
The lawsuit over Ricola cough drops has failed, as a federal judge says the plaintiff who used them for 20 years before finding a lawyer on Facebook hasn't shown she was harmed by claims they are "Made With Swiss Alpine Herbs.” Lawyer Spencer Sheehan and plaintiff Lacie Davis alleged consumers paid more for Ricola products than they would have, had they'd known the key cough-suppressant ingredient is menthol.
Legal Newsline
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Mark Robinson sues CNN for $50 million over article revealing porn forum comments
Mark Robinson, the Republican lieutenant governor of North Carolina, is suing CNN after it published an article claiming Robinson made disturbing posts on pornography forums over a decade ago. The suit filed Tuesday morning in state court names CNN and a North Carolina musician who claims Robinson frequented porn stores.
Courthouse News Service
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Diddy case: Lawsuit alleges 'gang-rape' as revenge for claims Combs was involved in Tupac death
Sean "Diddy" Combs is facing a disturbing new lawsuit from a California woman who claims he "gang-raped" her as revenge for saying he was involved in Tupac Shakur's death. In disturbing detail, the latest civil lawsuit against the business mogul Sean "Diddy" Combs breaks down a horrific scene inside an Orinda, California apartment in 2018. "A very savage gang rape," the accuser's attorney Ariel Mitchell said.
ABC7 San Francisco
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