Courts, Rulings & Lawsuits

Southland cities seek court order blocking LA County zero-bail

A dozen Southland cities filed an 11th-hour court action Friday in hopes of halting the implementation of a zero-bail system in Los Angeles County that will eliminate cash bail for most people arrested of nonviolent or nonserious crimes, allowing them to be released with a citation to appear in court at a later date. The zero-bail system is scheduled to take effect Sunday. But in court papers submitted to Los Angeles Superior Court Friday, 12 cities contend that the switch to zero-bail represents a threat to public safety.

City News Service

C.A. blocks release on habeas of 15-year-old girl’s slayer

The Court of Appeal for this district on Friday reversed an order granting a petition for a writ of habeas corpus in the case of a man who, at age 17, participated with two other youths in the brutal slaying of a 15-year-old girl as part of a devil-worshipping ritual entailing the sacrifice of a virgin. Div. Six held, in a 2-1 decision, that Gov. Gavin Newsom’s decision to veto the Parole Board’s intended release of inmate Royce Casey is supported by “some evidence” - the established standard - and that San Luis Obispo Superior Court Judge Craig B. Van Rooyen erred in countermanding the governor by granting the habeas petition.

Metropolitan News-Enterprise

Attorneys clash over fines in decades long fight for mental health care in California prisons

Attorneys in a decadeslong federal class action argued Friday over whether California should pay millions of dollars in fines for failing to meet a court mandate over the number of mental health professionals for prisons. Federal judges for years have ordered the state to reduce its job vacancies and take the necessary steps to ensure compliance with a staffing plan. 

Courthouse News Service

Lady Gaga will not have to pay $500K reward after dognapping incident, judge rules

A judge ruled that Lady Gaga would not have to pay the woman who returned her dogs to her after the dognapping incident. The woman, named Jennifer McBride, previously sued Lady Gaga, alleging that she promised to give a $500,000 "no questions asked" reward. She said in her filing that the "Bad Romance" singer breached the contract and accused her of committing fraud by misrepresentation and fraud by false promise for not paying her the reward.

Music Times

X Corp claims California's social media content law violates First Amendment

X Corp is suing California Attorney General Robert Bonta, challenging the state's social media content law. X Corp filed a complaint Sept. 8 in the U.S. District Court for the Eastern Disrict of California against Robert A. Bonta, Attorney General of California, in his official capacity alleging violation of the First Amendment and other claims. X Corp, in its complaint, is challenging the constitutionally of California's Assembly Bill No. 587, claiming the law violates the First Amendment because it interferes with social media companies' constitutionally protected editorial judgements. 

Legal Newsline

California officials denied immunity in suit over San Quentin COVID outbreak

A Ninth Circuit panel on Tuesday upheld a lower court finding that California and San Quentin state prison officials must face liability for a COVID outbreak in 2020 that infected thousands of prisoners and killed 29 people. The defendants had appealed to the Ninth Circuit in May after Senior U.S. District Judge William Orrick III denied qualified immunity requests by the defendants.

Courthouse News Service

Hundreds of women sue California, feds for abuse in correctional facilities

Hundreds of current and formerly incarcerated women have filed lawsuits against the State of California and the Federal Bureau of Prisons, alleging they were sexually assaulted by prison staff members while incarcerated in correctional facilities across the state. Around 250 cases have been filed so far, with more expected in the coming weeks and months.

San Francisco Examiner

San Francisco calls on Supreme Court to reverse homelessness ruling

San Francisco is asking the United States Supreme Court to reverse a federal ruling that requires cities to have more shelter beds than the number of homeless people. City Attorney David Chiu’s filing argues that a judge’s opinion in the Oregon case Johnson v. Grants Pass, which reaffirmed the rights of homeless people to sleep outside, has made it unreasonably difficult for San Francisco to make progress on its homelessness crisis.

San Francisco Standard

Ninth Circuit: Universities may be liable under Title IX for off-campus assaults

In a fractured decision, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit reinstated a former University of Arizona student’s Title IX lawsuit against the university. Vacating a divided three-judge panel’s opinion affirming summary judgment for the university, the en banc panel held that the student, Mackenzie Brown, presented enough evidence for a trial on the issue of whether the university exercised sufficient control over the off-campus apartment, where she was assaulted by Orlando Bradford, her boyfriend, a fellow student and member of the football team.

Lexology

Veterans Affairs police officer indicted on federal civil rights and assault charges for beating man approximately 45 times with baton

An officer with the Veterans Affairs Police Department (VAPD) has been indicted on civil rights and assault charges that allege he used a department-issued baton to illegally strike a man approximately 45 times in 41 seconds at the West Los Angeles VA Medical Center, the Justice Department announced today. Juan Anthony Carrillo, 45, was named in a two-count indictment returned Thursday by a federal grand jury.

U.S. Attorney’s Office Press Release

Los Angeles Police Department officer charged with fraudulently collecting overtime pay

Los Angeles County District Attorney George Gascón has announced that an officer with the Los Angeles Police Department has been charged with fraudulently collecting overtime pay. According to a release from the L.A. County DA’s Office, Officer Isabel Morales has been charged with one felony count of grand theft by embezzlement. On Feb. 28, 2022, Morales was subpoenaed on an “on call” basis for a murder trial that had started on Feb. 23.

KTLA

Southern California doctor allegedly stole $150 million from federal COVID healthcare program

An Orange County doctor was charged with stealing around $150 million from a federal program providing COVID-19 health services to uninsured patients. Anthony Hao Dinh, 64, from Newport Coast operated clinics in Westminster and Garden Grove. He is a licensed doctor of osteopathy who was an ear, nose and throat specialist, as well as a facial plastic surgeon, according to the U.S. Attorney’s Office.

KTLA

‘Not above the law’: Families of Marines killed in crash push for prosecution of deputy

It’s been almost a year, and Michael Patton still wants justice. To him, that means seeing criminal charges filed against the driver who killed his son. The person behind the wheel wasn’t a drunk driver or a texting teen. Records show he was an off-duty Los Angeles County sheriff’s deputy who dozed off on his way home from work, killing two U.S. Marines who were stranded on the freeway in Orange County in a disabled vehicle.

Los Angeles Times

LA County deputy's grieving family stunned by decision not to seek death penalty

Brittany Lindsey and Ryan Clinkunbroomer were walking on a beach Sept. 12 when the 30-year-old Los Angeles County Sheriff's deputy got down on one knee in the sand. The surprise proposal is a cherished moment that Lindsey holds close. "All my best friends were there,' Lindsey said. "My family, his family, his best friends. It was the best day ever. If I could go back to any day, I would go back to that day."

NBC4

Another LA County DA’s Office employee sues for retaliation

A former employee of the Los Angeles County District Attorney’s Office is suing the county, alleging he was driven out of the office by intolerable conditions after the election of DA George Gascón and now does information technology work for the LA County Fire Department. Brett Anthony Sereno’s Los Angeles Superior Court retaliation complaint seeks unspecified damages.

City News Service

Judge Archuleta launches campaign for District Attorney

Los Angeles Superior Court Judge Debra Archuleta has embarked on a campaign for the office of Los Angeles County district attorney. Campaign consultant David Gould said on Friday that he is handling her campaign. Archuleta, who won a race for an open seat on the court in 2016 and drew no opposition in seeking reelection in 2022, has filed a “candidate intention statement” with the Office of Los Angeles County Registrar-Recorder indicating her plan to seek the office of the county’s chief prosecutor and has set-up, in rudimentary form, a place for making online campaign contributions.

Metropolitan News-Enterprise

Cancel culture’ or fundraising gone awry?

More than 450 cubic feet of material related to former congressman Elton Gallegly’s 26 years in office are available for in-person research at the Elton and Janice Gallegly Center for Public Service and Civic Engagement at California Lutheran University. The 356 boxes in the collection contain correspondence, testimonies, bills and other materials that illuminate Gallegly’s political career.

Inside Higher Ed

Supreme Court takes up ADA enforcement in hearing ‘tester’ hotel lawsuit

Deborah Laufer has sued more than 600 hotels for violating federal accommodations laws, but her streak might end at the Supreme Court next week when one of those hotels tests her ability to enforce her rights. Laufer has multiple sclerosis and uses a wheelchair. Under the Americans with Disabilities Act, hotels are required to provide her with accommodations.

Courthouse News Service

Could construction-permit fees be exempt from takings analysis? Supreme Court to decide

The U.S. Supreme Court has agreed to decide whether a legislatively imposed road-construction fee of more than $23,000 - which was required for a building permit - may be an unconstitutional taking. The court agreed Friday to decide the case of George Sheetz, who contends the fee required to build his manufactured home in Placerville, California, should not be exempted from a takings test just because it was authorized by legislation. SCOTUSblog has the story; its case page is here.

ABA Journal

Red state social media censorship laws get Supreme Court review

The Supreme Court teed up a major First Amendment battle on Friday, agreeing to review social media censorship laws from Texas and Florida. The conservative states enacted legislation targeting social media companies' content moderation following former President Donald Trump’s expulsion from Facebook and Twitter. Texas and Florida say liberal bias within the platforms has allowed conservative voices to be censored, while the tech giants argue they should have editorial discretion to remove harmful content on their sites. 

Courthouse News Service

Bill aims to lower price markups, ease financial burdens in California prisons

What’s played a role in incarcerated people having to make this difficult decision is the California Department of Corrections and Rehabilitation (CDCR) currently marking up items in prison canteens by 65% of their wholesale value. However, that could soon change, as a bill sitting on Gov. Gavin Newsom’s desk targets these heavy markups. Senate Bill 474, spearheaded by Sen. Josh Becker, would cap price markups at 35% of the wholesale value for the next four years.

Spectrum News1

Eyewitness Newsmakers: LA County Sheriff Robert Luna talks zero-bail policy, retail thefts and more

Los Angeles County Sheriff Robert Luna has been on the job for nearly a year and he's faced several challenges during his short time in office. In the latest episode of Eyewitness Newsmakers, the sheriff discussed some of the top issues. When it comes to fighting organized retail thefts, the Los Angeles County Sheriff's Department received a boost thanks to more than $15 million in funds from the state. Sheriff Luna plans to use the added money to enhance response capabilities and investigative responsibilities. 

ABC7

Police delay some automatic releases as LA County no-bail policy begins (Video)

One day since a policy eliminating cash bail for low-level, nonviolent offenders in LA County, police were already wielding their power to keep some suspects jailed. Eric Leonard reports Oct. 2, 2023.

NBC4

Hatami continues his push to replace Gascón as DA

Los Angeles County Deputy District Attorney Jonathan Hatami is not a politician, he said, and is only running for district attorney because George Gascón, his boss, is in office. A noted child-abuse prosecutor who has been involved in prominent cases in the Antelope Valley, Hatami has been a vocal opponent of Gascón’s “blanket policies” that he has previously said make communities less safe. He has pledged to abolish them if he is elected.

Antelope Valley Press

An alternative pathway

I’ve been skeptical about the utility of bar exams. They don’t test real lawyering skills and they don’t seem to weed out bad lawyers. But I may be changing my mind about them after reading a proposal for an alternative to the exams recently published for public comment by the State Bar of California. A Blue Ribbon Commission on the Future of the California Bar Exam has proposed an “alternative pathway” to bar membership that consists of going to work for lawyers for four to six months. Applicants would then get graded on what they’d done.

Courthouse News Service

"Swim Again": California prosecutors debut video series on breaking the cycle of domestic violence

It began as a training tool for prosecutors and law enforcement, but now the California District Attorneys Association (CDAA) wants to share it with you. October is Domestic Violence Awareness Month and the CDAA is set to roll out a unique series of videos on its YouTube channel over the next few weeks. It's an issue that crosses racial and ethnic boundaries, transcends traditional survivor gender roles, and is inclusive. The stories are different, but the moral is the same.

CBS News

President Biden names thirty-ninth round of judicial nominees

The President is announcing his intent to nominate one individual to a federal circuit court and two individuals to federal district courts - all of whom are extraordinarily qualified, experienced, and devoted to the rule of law and our Constitution. These choices also continue to fulfill the President’s promise to ensure that the nation’s courts reflect the diversity that is one of our greatest assets as a country - both in terms of personal and professional backgrounds.

The White House

Crime

27 arrests, 10 in the Harbor Area, tied to Mexican cartel, authorities say

More than 25 people have been arrested in connection with a Mexican cartel-affiliated criminal operation based in the Harbor Area, California Attorney General Rob Bonta and other law-enforcement officials announced from the Los Angeles Police Department’s Harbor Station in San Pedro on Monday, Oct. 2. The 27 arrests were from a multi-agency effort, dubbed Operation Safe Harbor, which included Los Angeles police, the California Highway Patrol, U.S. Homeland Security and the Federal Bureau of Investigation.

San Gabriel Valley Tribune

Men sentenced to prison for string of daytime robberies

Two men pleaded no contest Tuesday to multiple daytime robberies, including one in which a 64-year-old man was allegedly pistol-whipped in a grocery store parking lot in the Rowland Heights area. Dangelo Thomas, 26, was immediately sentenced to 21 years and four months in state prison following his plea to robbery involving the July 9, 2022, attack, which was caught on video, and two other robberies in Glendale in April 2022 and Temple City in May 2022, according to Deputy District Attorney Phil Stirling.

City News Service

L.A. County Public Works spokesman arrested on child pornography charges

A 62-year-old spokesman for Los Angeles County has been arrested in San Bernardino County on charges of producing, possessing and distributing child pornography, authorities announced Tuesday. Steven Frasher, a resident of Redlands, was taken into custody after an investigation that led to the search of his residence, according to a news release from the San Bernardino Police Department. 

KTLA

Cases affected by California county's illegal use of jail informants jumps to 57, new analysis finds

The California public defender who sounded the alarm about Orange County’s illegal use of jailhouse informants says the number of major criminal cases that have unraveled because of the scandal has jumped from about a dozen to 57. A new analysis by Assistant Public Defender Scott Sanders finds 35 homicide cases and 22 serious felony cases saw convictions overturned, charges dropped and sentences dramatically reduced, the Orange County Register reported Tuesday.

AP

Organized Retail Crime

Residents alarmed as shoplifting incidents trigger store departures: ‘As a community we can’t allow this to continue’

Lou Martins is angry, frustrated, and disappointed but not surprised that the first Target store to open in Manhattan - in his New York City neighborhood - is closing in October. Target this week cited large-scale theft and safety concerns for employees and customers for its decision to close nine stores in New York, San Francisco, Seattle and Portland.

CNN

Irvine police arrest 4 in alleged smash-and-grab gang responsible for $11,000 in thefts

Irvine police recorded a rare victory in the fight against increasingly brazen smash-and-grab retail thefts. Detectives tracked down and arrested all four thieves believed to be behind an organized smash-and-grab robbery at the Nike store in Carlsbad. Among those arrested: a 14-year-old and two 19-year-olds. The group is also alleged to be responsible for multiple smash-and-grab retail thefts across Orange County, with more than $11,000 in losses.

ABC7

La Cosa Nordstrom: Recent flash mob robberies reek of organized crime

The cellphone footage isn’t very long - it lasts only about 30 seconds - but what it lacks in length, it more than makes up for with its terrifying mise-en-scène. About 30 masked robbers, most garbed in ninja-style black, swarm into a Nordstrom in the Westfield Topanga mall Aug. 12 and ransack the store in a flurry of violence and chaos. They bear-spray security guards and send shoppers running as they smash glass cases, tear designer clothes off mannequins, and grab armfuls of whatever high-end merchandise they can. 

Los Angeles Magazine

Trevor Bauer reveals shocking details after settling claims with San Diego woman

Former MLB star pitcher Trevor Bauer, who played baseball in Japan this past season, has reportedly come to a settlement after a legal battle with a San Diego woman. The woman, Lindsey Hill, accused the 2020 NL Cy Young winner of battery and sexual assault. Bauer later sued her due to defamation before she countersued him. Bauer's attorney's released a statement on the matter, a source shared with ClutchPoints.

Clutch Points

Public agency’s resolution of necessity not entitled to conclusive presumption when using eminent domain for takeover of public utility

In California, when a government entity adopts a resolution of necessity to acquire property by eminent domain, that resolution typically “conclusively” establishes the requisite findings of public use and necessity. However, when the government is seeking to condemn a public utility to take over its operations, that conclusive presumption disappears. 

JD Supra

Ex-USC gynecologist charged with sexually assaulting students dies before trial

The former University of Southern California campus gynecologist at the center of more than $1 billion worth of university payouts stemming from sexual abuse allegations by hundreds of women was found dead inside his home Wednesday, his lawyer said. George Tyndall, 76, was awaiting trial on more than two dozen criminal counts of sexual misconduct between 2009 and 2016 at the university’s student health center. 

AP

Convictions/Sentence/Parole/Appeals

Conviction upheld in Palmdale triple murder over marijuana deal gone bad

A state appeals court panel upheld a transient’s conviction Tuesday for a shooting during a bogus marijuana deal in Palmdale that left three men dead and another seriously wounded. The three-justice panel from California’s 2nd District Court of Appeal rejected the appeal filed on behalf of Jonathan Paul Misirli, who was convicted of three counts of first-degree murder for the Jan. 16, 2019, killings of Olukayode Owolabi, 27, and David Hernandez-Licona, 25, both of Los Angeles, and Sean Cowen, 24, of Van Nuys, at Ranch Center Drive and 40th Street West.

City News Service

A man died in Sacramento police custody. His family just received a settlement from CDCR

The California Department of Corrections and Rehabilitation and the City of Sacramento have both paid settlements to the family of Brandon Smith who died in police custody in 2018. CDCR paid $300,000, while the city paid $99,000, according to a January settlement agreement the city posted to its web page last week. Brandon Smith’s mother, Yolanda Ford, along with his three minor children, represented by guardian Keyanna Washington, filed the wrongful death lawsuit in 2018 in federal court, represented by civil rights attorney John Burris.

Sacramento Bee

"It is every parents' worst nightmare": Costa Mesa nanny convicted of molesting 16 boys

Matthew Antonio Zakrzewski, 34, of Costa Mesa was convicted Tuesday of 34 felony sex charges related to 17 victims in crimes that prosecutors said took place from 2014 through 2019. Prosecutors said he molested 16 boys and showed child pornography to another. Zakrzewski was arrested May 17, 2019, by Laguna Beach Police as he deplaned from an international flight. Prosecutors said he advertised that he worked with kids very well, had years of childcare experience, was CPR trained, and had background checks.

KCAL News

8-year sentence for Porter Ranch man in COVID fraud case that began with FBI safe-deposit box raid

A San Fernando Valley man who bought a million-dollar home with a swimming pool by running a fraud scheme that stole more than $800,000 in COVID-19 jobless benefits was sentenced to 97 months in federal prison, officials announced Tuesday. Robert Mirumyan, 31, of Porter Ranch, was sentenced Monday by U.S. District Judge Percy Anderson, who also ordered him to pay $804,579 in restitution, according to the U.S. Department of Justice.

City News Service

L.A. sheriff’s detective pleads no contest to filing a false report in a drug raid

A Los Angeles County sheriff’s detective pleaded no contest Tuesday to filing a false report in connection with a 2018 drug raid in East L.A., more than two years after another investigator testified against him. Pedro Guerrero-Gonzalez will receive probation and must permanently give up his status as a peace officer in California after pleading no contest to one misdemeanor count of filing a false police report, according to L.A. County Deputy Dist. Atty. Greg Apt.

Los Angeles Times

Shopping under surveillance: How retailers track you & how to be invisible

If you have a pulse and an internet connection, companies want all the details they can fetch on what you’re willing to buy - and it’s getting harder to tell where they’re obtaining all that info. Retailers can now track what customers purchase to influence their buying patterns. Loyalty programs collect data on your purchases, frequency and preferences - in exchange for deals. Mobile apps take it a step further.

Komando.com

Homeless Issue

A retired federal judge takes a stroll through Skid Row to prepare for his new assignment

The walking tour was part tutorial and part tryout - one federal judge passing on to another his knowledge of Skid Row while testing his colleague’s tolerance for its sights and sounds and the daily struggles of its hard-pressed inhabitants. The day after signing off on a historic settlement that requires Los Angeles County to provide 3,000 new mental-health and substance-use treatment beds and commit hundreds of millions of dollars in services for homeless housing, U.S. District Judge David O. Carter staged a hands-on test of the fellow judge nominated as monitor to ensure those terms are met.

Los Angeles Times

Los Angeles using AI to prevent homelessness

Los Angeles County officials are hoping new technology that poses a threat to some industries could be the saving grace in turning around the region’s homelessness problem. Writers and actors went on strike in part to prevent artificial intelligence from taking their jobs, but the burgeoning tech is widely believed to have great potential in other areas. In this case, local officials are hoping it can prevent people from becoming homeless in the first place.

KTLA

LA city controller says arrests of homeless sleeping on streets are rising

Arrests of people violating the city of Los Angeles’ law 41.18, which prohibits the sitting, lying, sleeping or placing personal property on sidewalks, continue to rise and it’s being enforced “unevenly” across council districts, according to a report from the city controller’s office. L.A. City Controller Kenneth Mejia updated an analysis of 41.18 arrests that his office released in June, to now include information through Sept. 15, using data obtained from the Los Angeles Police Department. 

City News Service

California prisons want to hire more women. How will corrections attract female officers?

The California Department of Corrections and Rehabilitation has pledged that by 2030, at least 30% of its correctional officer cadets will be women. CDCR Secretary Jeff Macomber last week signed the national “30x30” pledge, a movement to increase female representation in law enforcement ranks. Currently, women make up 17% of CDCR’s sworn officers and 19% of leadership positions. Nationally, 12% of sworn officers are women and 3% of law enforcement leadership is female, according to the 30x30 initiative.

Sacramento Bee