Courts, Rulings & Lawsuits

California Supreme Court rejects retroactive right to separate trial on gang charges

The California Supreme Court ruled that a recently enacted right to have gang enhancement charges tried separately from the underlying criminal charges doesn't apply retroactively. In a split decision issued Monday, the state's top court overturned an appellate court that had agreed with a convicted member of a street gang that he was entitled to a bifurcated trial on the gang allegations under Assembly Bill 333, also known as the STEP Forward Act, that went into effect in 2022 while his appeal was pending.

Courthouse News Service

Peremptory challenge to judge who ruled in case allowed

Div. One of the Fourth District Court of Appeal has directed that a superior court accept a defendant’s peremptory challenge to a judge who made a determination that there was reasonable cause for filing an action alleging a childhood sexual assault 39 years earlier, holding that the ruling was not a ruling on contested fact issues relating to the merits.

Justice Jose S. Castillo authored the opinion, filed Tuesday.

Metropolitan News-Enterprise

Defendant’s culpability properly considered in dismissal

The California Supreme Court yesterday decided that a court commissioner did not err in considering a criminal defendant’s innocent state of mind in dismissing misdemeanor charges against her when the charges were premised on municipal law that permitted noncriminal sanctions for the least culpable violators, even though the charges imposed strict liability and did not require a finding of criminal intent.

Metropolitan News-Enterprise

California congressman asks Supreme Court to dismiss Mexico’s lawsuit against American gun makers

U.S. Rep. Darrell Issa, R-California, has asked the United States Supreme Court to dismiss Mexico’s lawsuit against American firearms manufacturers. The court case, Mexico v. Smith and Wesson Brands Inc., was originally rejected by a Massachusetts District Court, but the First Circuit Court of Appeals in Boston overturned the ruling. The suit alleges that American gun makers and wholesalers are responsible for criminal gun trafficking through the southern border, which affects the health and safety of people in Mexico.

Fox5 San Diego

Jewish students take UCLA to court over antisemitic encampment

Three Jewish students filed a federal lawsuit against the University of California, Los Angeles, today for allowing antisemitic activists to bar them and other Jewish students from accessing the heart of campus. In Frankel v. Regents of the University of California, UCLA allowed a group of extremist students and outside agitators to set up an encampment where they stopped Jewish students and faculty from going to their classes, offices and the library.

Becket Law Press Release

Judge denies petition to nix sentence of Klaas’ killer

A California judge on Friday denied a petition to recall the death sentence against Richard Allen Davis, who in 1993 killed 12-year-old Polly Klaas after kidnapping her from her bedroom at knifepoint in a crime that shocked the nation. Jurors in 1996 found Davis guilty of first-degree murder and of the “special circumstances” of kidnapping, burglary, robbery and attempting a lewd act on a child.

AP

Grant program for Black women business owners is discriminatory, appeals court rules

A U.S. federal court of appeals panel suspended a venture capital firm’s grant program for Black women business owners, ruling that a conservative group is likely to prevail in its lawsuit claiming that the program is discriminatory. The ruling against the Atlanta-based Fearless Fund is another victory for conservative groups waging a sprawling legal battle against corporate diversity programs that have targeted dozens of companies and government institutions.

AP

A white California teacher says his union is discriminating against him

A white teacher in Sacramento County is suing his union for reserving one seat on its governing board for a non-white member - an issue of diversity versus discrimination that is percolating in courts across California. Isaac Newman, a high school social science teacher, says he wanted to run for a newly created position on the Elk Grove Education Association last December, but was barred from applying because the union created it last year as a “BIPOC seat,” available only to members who are Black, Indigenous or other people of color.

San Francisco Chronicle

The man who conned the Pentagon’ can’t pursue lawsuit against FBI for raiding home, Ninth Circuit rules

A Ninth Circuit panel agreed with a lower court’s ruling that a Nevadan dubbed "the man who conned the Pentagon" by Playboy magazine in 2010 and his wife can’t pursue a lawsuit against an FBI agent that participated in a raid on their home and storage units because they missed the statute of limitations.   

Courthouse News Service

Judge rejects new trial for Rebecca Grossman

A judge Monday rejected a defense bid for a new trial for Rebecca Grossman, who was convicted in February of second-degree murder for a crash that killed two young boys who were struck while walking with their family in Westlake Village. This morning, Grossman's new team of attorneys asked Superior Court Judge Joseph Brandolino to grant Grossman a new trial on the pair of murder charges, contending that there are "at least five reasons'' she is entitled to have the case heard by another jury.

City News Service

A major student-loan company has 'illegally' tried to collect payments from borrowers whose balances were already wiped out through bankruptcy, a federal watchdog alleges in a new lawsuit

A federal consumer watchdog just hit a major student-loan company with a new lawsuit. On Friday, the Consumer Financial Protection Bureau sued the Pennsylvania Higher Education Assistance Agency, or PHEAA, which is a student-loan servicer that works with American Education Services to facilitate private student loan programs.

Business Insider

Oregon defendants without a lawyer must be released from jail, US appeals court says

A federal appeals court on Friday upheld a ruling that Oregon defendants must be released from jail after seven days if they don’t have a defense attorney. In its decision, the 9th U.S. Circuit Court of Appeals called Oregon's public defense system a “Sixth Amendment nightmare,” OPB reported, referring to the part of the U.S. Constitution that guarantees people accused of crimes the right to a lawyer.

AP

9th Circuit tosses conservative journalist’s lawsuit against S.F. Supervisor Dean Preston

San Francisco Supervisor Dean Preston was legally entitled to block conservative journalist Susan Dyer Reynolds from his Twitter account, where she had repeatedly criticized him, a federal appeals court ruled Monday. Recent Supreme Court decisions on public officials’ use of social media platforms support Preston’s argument that he was speaking for himself, not the city, when he blocked Reynolds’ publication, the Marina Times, from access to his online account in 2020, said the 9th U.S. Circuit Court of Appeals in San Francisco.

San Francisco Chronicle

Prosecutors

‘The system is horrible.' Mother of man murdered in San Pedro bar says accused killer should have been in jail

The 18-year-old woman accused of murdering a man and wounding two others in a shooting at a bar in San Pedro in January had been arrested months earlier with a loaded gun, but the LA County District Attorney's Office decided against filing a felony charge that could have carried jail time, according to records from police and prosecutors.

NBC4

Twice-convicted DUI driver charged with murder in crash that killed 14-year-old in Newport Beach

A Fontana man who has twice been convicted of DUI was charged with murder Wednesday after allegedly hitting and killing a 14-year-old girl while driving drunk in Newport Beach over Memorial Day weekend. Joseph Alcazar, 30, allegedly had his 8-year-old daughter in the car with him and was driving with a blood-alcohol level that was double the legal limit at the time of the crash, the Orange County district attorney's office said in a statement.

Los Angeles Times

Glendale police officer charged with felony after kicking minor in head: Gascón

A Glendale Police Department officer has been charged with assault after he allegedly kicked a minor in the head while taking that minor into custody after a reported shoplifting in 2021. Gonzalo Zendejas, 39, is charged with one felony count of assault by a public officer, Los Angeles County District Attorney George Gascón said in a news release. Zendejas was one of four officers involved in the June 5, 2021, incident at the Glendale Galleria.

KTLA

Feds charge 47 people linked to Sinaloa Cartel drug trafficking network in Imperial Valley

Federal agents arrested 36 people, including a U.S. Border Patrol agent, allegedly linked to a California-based drug, firearms and money laundering network tied to the Sinaloa Cartel. Agents raided locations far and wide on Wednesday, serving search warrants in the Imperial Valley, San Diego, Fresno and Los Angeles, along with Phoenix, Ariz., and Salem, Ore, the Department of Justice announced in a news release.

Los Angeles Times

Palmdale father charged with murder for 3-week-old infant's death

The Los Angeles County District Attorney filed murder charges on Wednesday against the Palmdale man accused of killing his 3-week-old son. "We offer our deepest condolences to the family of this innocent child and extend our support in the face of such senseless violence," District Attorney George Gascón said. 

KCAL News

Minister at Southern California church admits to sexual communication with minor

A 68-year-old minister at a Fillmore church has pleaded guilty to two felony counts related to inappropriate online communication with a minor. Barry Don Fike of Fillmore admitted to sending harmful material to a child and arranging to meet with a minor for sex, according to a release from the Ventura County District Attorney’s Office.

KTLA

Pair of SoCal district attorney's file lawsuit against Kroger for alleged false advertisement

The Ventura County and Santa Barbara County District Attorney's Offices have filed a civil case against Kroger, one of the nation's largest supermarket chains, for allegedly deceptive marketing. The Kroger Co., which operates in California as familiar stores like Ralph's, Food 4 Less and Foods Co., allegedly violated the state's false advertising and unfair competition laws for their labeling of its Carbmaster bread products, according to a joint statement from both district attorneys. 

CBS Los Angeles

California grocery store chain fined $1.6M for selling expired products

Save Mart Supermarkets, LLC, a California company that owns and operates 194 retail grocery stores around the state, including Save Mart, Lucky, Lucky California, FoodMaxx, and Maxx Value Food, is being fined $1.6 million for violating state health and safety laws, Sonoma County District Attorney Carl Rodriguez said on Thursday.

KRON

DA's Race

Two more judges endorse Nathan Hochman

More than half of the people who ran against George Gascon in the March Los Angeles District Attorney primary have now endorsed his November opponent, Nathan Hochman. Retired judges Craig Mitchell and David Milton today endorsed Hochman over Gascon. Both former judges - and candidates - say Hochman’s “experience and integrity” clearly set him apart from current DA Gascon.

California Globe

San Francisco mayor warns angelenos: Do not vote for George Gascón

Former San Francisco District Attorney George Gascón has landed some key endorsements in his bid to unseat L.A. County District Attorney Jackie Lacey. But he has racked up his fair share of detractors too, including San Francisco City Attorney Dennis Herrera and Mayor London Breed. Breed was so disappointed with Gascón's performance as her city’s D.A. that she has penned an op-ed in the Los Angeles Sentinel, urging L.A. County voters not to elect him.

California City News

Policy/Legal/Political

Crisis looms as California appellate defense counsel faces shortage of attorneys

Five appellate projects were founded in the 1980’s to train and pay private counsel to represent indigent criminal defendants on appeal in non-capital cases. While the projects have been regarded as a great success, they are now at a crossroads as many of the attorneys who take on these cases are nearing retirement, and the hourly pay has fallen so low younger attorneys won’t take the work, several sources said.

Daily Journal

Reality bites: LAPD interim Chief Choi dances on KFI

According to John Kobylt of KFI, no sitting Los Angeles Police Department chief - permanent or interim - had ever appeared on his - even when paired with the recently retired Ken Champeau - show until Monday. There is a reason for that. Though Kobylt turned down his typical contentiousness for the interview, Interim Police Chief Dominic Choi struggled mightily and eventually unsuccessfully to explain the crime problem in Los Angeles.

California Globe

LA City Council members want details on controller, contractor dispute

Two Los Angeles City Council members are seeking answers regarding a legal battle between a nonprofit homeless service provider and the controller’s office over the controller’s power to subpoena non-financial information. Council members Tim McOsker and Eunisses Hernandez introduced a motion Friday calling on the city attorney and controller to provide a verbal report to the Personnel, Audits and Hiring Committee on the status of the lawsuit involving Urban Alchemy.

MyNewsLA

Why a ‘reimagined’ detention system for juveniles has stalled in LA County

Four years ago, the Los Angeles County Board of Supervisors backed a sweeping reform package that proposed closing the county’s juvenile halls by 2025 and placing the youth into smaller, more homelike “safe and secure healing centers.” The progressive policy pledged to invest in a new Department of Youth Development - an agency eventually formed in 2022 - that would focus on programs to keep children and teens out of the juvenile justice system, while simultaneously shifting those already detained from jail-like institutions to “a more rehabilitative, care-first model.”

MyNewsLA

Chief Judge of Ninth Circuit appears derelict in her duties

Today’s “End of the Month” feature recites - as it has in each report over the past year-and-a-quarter - lack of action in response to a lawyer’s account, under penalty of perjury, of barbarous treatment after U.S. District Court Judge Stephen V. Wilson of the Central District of California proclaimed her to be in contempt and ordered that she be taken into custody.

Metropolitan News-Enterprise

Los Angeles City/County

LAX may be drug smuggling gateway of the world, law enforcement sources say

Most checked bags that move through LAX aren't screened for drugs, meaning traffickers have given up private airfields in favor of commercial airlines, experts say. Some 80 million people fly through Los Angeles International Airport every year. And another 50,000 work there every day. That all adds up to an enormous and complicated ecosystem.

ABC7

LA City Council votes to put LAPD disciplinary reform question on the ballot

Continuing its effort to advance government reforms, the Los Angeles City Council voted Tuesday, June 4, to place a question on the November general election ballot about proposed changes to the city’s police disciplinary review process – including giving the police chief the power to immediately fire an officer for serious misconduct.

Los Angeles Daily News

LA spends $6.5 million annually on mostly empty safe parking sites

The La Cienga Safe Parking lot holds 50 cars. Routinely between three and 22 cars. But the City pays for 50 spaces, no matter if they are empty or filled. The Los Angeles Homeless Service Authority (LAHSA) and the city spent nearly $6,476 million a year to run the Safe Parking program for what appears to be mostly empty sites.

Westside Current

LA City Council orders investigation into LAPD response to UCLA and USC protests

The Los Angeles City Council has passed a motion that would require the Los Angeles Police Department and the Inspector General to investigate and present findings in an after-action report on its response to the recent campus protests at UCLA and USC related to the war in Gaza. The motion passed unanimously, 15 to 0. 

Westside Today

Who should be the next LAPD chief? Public shrugs as city asks for input

Not long after LAPD Chief Michel Moore announced his retirement in January, the guessing game started up at department headquarters about who would replace him. Factions formed behind the early contenders. Many in the command staff have since taken to scrutinizing Mayor Karen Bass’ interviews and public appearances for hints about her thinking as she prepares to choose the next chief.

Los Angeles Times

California/National

Inside the biggest FBI sting operation in history

Sometime after midnight on May 26, 2020, a sleek black-and-white speedboat darted through the sea’s waves off the coast of Sweden. The two men on board were barreling toward a set of coordinates in the darkness, armed with navigation equipment, night vision goggles, and fishing rods. The Donousa, a black and red, 225-meter-long cargo ship, was sitting motionless in the water around 17 kilometers ahead.

Wired

'It was worth it': UCSC protesters speak after dozens arrested

Some of the UC Santa Cruz protesters who were arrested early Friday morning after dozens of law enforcement officers moved in to remove a pro-Palestinian encampment and roadblock are speaking out about their ordeal. “It was really interesting to see how some officers would become completely unhinged, and you would see they would have almost like, like, an anger management issue or something."

KSBW

Crime victims may get fewer services as federal aid drops. States weigh how to help

Groups that assist crime victims across the United States are bracing for significant financial pain after the amount available from a major federal victim services fund plunged $700 million this year. Congress recently lowered spending to $1.2 billion from the fund, which provides grants to nonprofit and local programs across the country.

Tribune News Service

Hundreds of thousands of US internet routers destroyed in newly discovered 2023 hack

An unidentified hacking group launched a massive cyberattack on a telecommunications company in the U.S. heartland late last year that disabled hundreds of thousands of internet routers, according to research published Thursday. Security analysts with Lumen Technologies’ Black Lotus Labs discovered the attack in recent months and reported on it in a blog post.

Reuters

Ballot measures will provide most of the intrigue in California’s November election

California politics being what they are - deep blue domination by Democrats - means that many of the races on the November ballot are already decided. The outcome of Democratic President Joe Biden’s replay battle with Republican predecessor Donald Trump - assuming that both are nominated - is very much in doubt nationally.

Santa Monica Daily Press

Fraud trial juror reports getting bag of $120,000 and promise of more if she'll acquit

A juror was dismissed Monday after reporting that a woman dropped a bag of $120,000 in cash at her home and offered her more money if she would vote to acquit seven people charged with stealing more than $40 million from a program meant to feed children during the pandemic. “This is completely beyond the pale,” Assistant U.S. Attorney Joseph Thompson said in court on Monday.

AP

Crime

Massive police sweep across Europe takes down ransomware networks and arrests 4 suspects

Police coordinated by the European Union's justice and police agencies have taken down computer networks responsible for spreading ransomware via infected emails, in what they called the biggest-ever international operation against the lucrative form of cybercrime. The European Union's judicial cooperation agency, Eurojust, said Thursday that police arrested four “high value” suspects, took down more than 100 servers and seized control of over 2,000 internet domains.

ABC News

Former second in command of U.S. Navy arrested in connection with alleged bribery scheme

A former commander of the U.S. Naval Forces in Europe and Africa was arrested Friday in connection with an alleged bribery scheme that officials say involved steering government contracts to a company in exchange for future employment, according to the Justice Department. Robert Burke, 62, is accused of participating in the bribery scheme during his tenure as a four-star admiral from 2020 to 2022. 

NBC News

Hundreds of Los Angeles fire hydrants stolen as fire season starts

The Los Angeles Sheriffs’ Department is investigating the theft of 99 fire hydrants since the start of the year, a troubling development as fire season approaches. Fire hydrant thefts join a spate of street lamp pole thefts in Pasadena and the rise of electric vehicle charging thefts nationwide as infrastructure theft for scrap metal becomes a serious problem for billions of dollars in taxpayer investments.

The Center Square

Articles of Interest

Michael Jackson's kids and mom's trusts 'cannot be funded' until estate and IRS settle dispute: Filing

The trusts of Michael Jackson's mom Katherine and three kids Paris, Prince and Bigi cannot be funded until an ongoing dispute between his estate and the IRS is resolved, the estate's executors say in a new legal filing. In a May 28 filing obtained by PEOPLE regarding the King of Pop's ongoing estate case, the executors under his will state that so long as the legal disputes continue, the trusts of his beneficiaries cannot be funded.

People

Rick Caruso stokes talk about his political ambitions

Real estate developer Rick Caruso made it clear two years ago that he wouldn’t run again for Los Angeles mayor if he lost to Karen Bass. But lately, Caruso has been behaving a bit like a candidate. The mega-wealthy businessman sent out a poll to his email subscribers last month, asking them about the city’s handling of street repairs while noting how easy it is to “hit a pothole the size of a manhole cover” when exiting the 405 Freeway.

Los Angeles Times

How TikTok could decide the 2024 election

The most divisive, yet highly popular social media platform is shaping up to become one of the biggest factors in this year's presidential election. Despite widespread criticisms about TikTok from both sides of the aisle, the presumptive Democratic and Republican nominees are signaling that the Chinese-owned app will be critical to reaching voters, especially young ones, ahead of November.

Newsweek

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