Posts Tagged ‘litigation’

San Francisco’s Proposed Ban on Aerial Advertising is Just Asking for Litigation – Lots and Lots of Litigation

Tuesday, July 23rd, 2013

And I’ll tell you, the ban, if enacted, will work about as well as our ban on “rolling billboard” trucks, which is not well at all.

Hello, BOS? You can’t rely on the Honolulu decision. Well, maybe technically you can.*

But if they millionaires of SoMA are crying, I guess you all should pass whatever unconstitutional crap you want, what do I care.

As seen (over Union Square) (and heard only a little) yesterday, the scourge of millionaire condo owners everywhere:

Click to expand

*But not IRL, not really.

Look Out, Golden Gate University! Former Students are About to Sue Your Law School for Overly Rosy Employment Data

Thursday, December 22nd, 2011

I think that’s the right way to describe it.

Here’s the news of the day:

“Attention Golden Gate Law School graduates We intend to sue 15 law schools throughout the country — including 4 in California — shortly after the New Year for allegedly inflating their employment data. One of the schools we intend to sue is the Golden Gate University School of Law (we’ve just added them to our list). Our general rule is that we won’t sue a school unless we have at least three name plaintiffs, and while we’ve secured the requisite number for most of the schools, we still have not reached that number for Golden Gate Law. If you have graduated from the school in the past few years and would potentially be interested in serving as a class representative please visit my law firm’s website (http://www.anziskalaw.com/) to learn more about the Law School Litigation or give me a call at 914-216-3540. Now is the time to make your voices heard and finally hold law schools accountable. Regards. . .David”

Actually, maybe it’s good news that this attorney needs to hunt on the craigslist for GGU grads. (You’d think that former students would be coming out of the woodwork already during this Great Recession.)

Oh, and USF too – you’re gonna get sued as well.

The schools on the list currently:

“1) Albany Law School                                                

2) Brooklyn Law School

3) Hofstra Law School                                               

4) Pace University School of Law

5) St. John’s University School of Law                      

6) Widener University School of Law                        

7) University of Baltimore School of Law

8 ) Florida Coastal School of Law                               

9) Chicago-Kent College of Law

10) DePaul University School of Law                        

11) John Marshall School of Law

12) California Western School of Law                       

13) Southwestern Law School

14) Golden Gate University School of Law

15) University of San Francisco School of Law”

That’s it so far. To Be Continued…

Dennis Herrera Throws Down: Acts to Sue CPUC and Feds Over Failure to Enforce Gas Pipeline Safety Standards

Thursday, July 14th, 2011

City Attorney Dennis Herrera is all over last year’s gas transmission explosion in San Bruno.

All the deets.

The first of a series of photos of the San Bruno aftermath from photographer David Yu

Just released:

Herrera moves to sue CPUC, feds for failing to enforce gas pipeline safety standards

Revelations from San Bruno tragedy lead San Francisco to seek federal court order compelling regulators to strictly enforce U.S. safety standards

SAN FRANCISCO (July 14, 2011) — City Attorney Dennis Herrera has taken the first step toward suing the California Public Utilities Commission and federal regulators for their failure to reasonably enforce federal gas pipeline safety standards as required by the Pipeline Safety Act. The notice of intent to sue Herrera delivered late today is a legally-required precursor to civil litigation by San Francisco, which will seek a federal court order to compel the CPUC and the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration to enforce federal pipeline safety standards in an effective manner.

Herrera’s move comes in the wake of increasingly troubling revelations in news accounts and last month’s sharply critical report by an independent review panel investigating the deadly explosion of a PG&E gas transmission line in San Bruno, Calif. on Sept. 9, 2010, which resulted in the loss of eight lives and the destruction of 38 homes. That investigation report concluded that CPUC’s “culture serves as an impediment to effective regulation,” and went on to fault regulators who “did not have the resources to monitor PG&E’s performance in pipeline integrity management adequately or the organizational focus that would have elevated concerns about PG&E’s performance in a meaningful way.” The City Attorney’s Office will file its comments on that investigation report with the CPUC tomorrow.

Continued after the jump

(more…)

Oh Marin, You So Crazy (OMYSC)! Plastic Surgeon’s $2 Million Lawsuit Against Yelp Reviewer Gets Reverse Pwned

Friday, June 24th, 2011

(Gentle Readers, you know that I love you, all 14 of you, no matter what. But others, well, they only care about cosmetic-type things – they’ll like you better if you pay somebody to shoot protein into your face, oh well.)

Can you imagine making a post on the Yelp about your plastic surgeon and then getting hit with a multi-million dollar defamation (plus invasion of privacy plus interference with prospective economic advantage, you know, the whole megillah) lawsuit?

Well, check out the Marin IJ for the sad story of Dr. Kimberly Henry‘s pwnage from Judge Roy Chernus. Wow.

Oh, and surprise, they’re talking about this case on the Yelp.

A little of this, and now you’re beautiful!

Via Y_tambe

Forty reviews are no longer standing for Dr. Kimberly A Henry,  but three are still there.

Anyway, Only in Marin, as they say…

Dennis Herrera Throws Down: Operators of Troubled Club Suede in Fishermans Wharf Probihited from Reopening

Wednesday, October 20th, 2010

I’ll tell you, you can win in criminal court all the live long day, but when the City Attorney of San Francisco wants to shut you down for good reason, like you doing things that are muy pro hi bi da do, that’s it. It’s game over, man, game over.

Now, when I was there at the Club Suede, at various political fundraisers and whatnot, everything was copacetic, but I never experienced it on a weekend night so I don’t know what it was like.

But what I do know is that these operators won’t be operating a nightclub at 383 Bay ever again. Get all the deets, below. 

San Francisco’s Happy Warrior…

…wasn’t too pleased with the owners of the Suede nightclub:

Herrera secures injunction to permanently bar ‘Club Suede’ operators from re-opening a place of entertainment

Agreement includes $20,000 payment to the City by owners of Fisherman’s Wharf nightclub that was the site of fatal shooting in February
 
SAN FRANCISCO (Oct. 20, 2010)— A San Francisco Superior Court judge has approved a settlement and stipulated injunction negotiated by City Attorney Dennis Herrera that will permanently prohibit the owners and management of Club Suede, the notorious nightclub that was the site of a fatal shooting earlier this year, from operating an entertainment venue at the Fisherman’s Wharf property. 

The injunction approved by Judge Peter J. Busch this morning bars defendants Hanson Wong, Ken Wong, Sunny Auyeung, Jason Gee, Frank Chan, Li Jiang, and Taliesin Entertainment Group, LLC from opening or seeking permits to operate a place of entertainment at 383 Bay Street, or maintaining the property in a manner that constitutes a public nuisance.  The agreement additionally provides that the property must be maintained at all times in compliance with San Francisco Municipal Codes intended to protect the health and safety of tenants and neighbors.

“This agreement protects the safety of nightclub goers and neighbors, and assures fair treatment to the vast majority of law-abiding entertainment venues that comprise one of San Francisco’s most vibrant economic sectors,” said Herrera.  “I’m grateful that the owners and operators of Club Suede recognized our firm resolve in pursuing this case, and agreed to a fair and reasonable settlement to conclude it.”

Club Suede was the site of a fatal shooting in the early hours of Feb. 7, 2010, and its operators have been reported for a pattern of nuisance and unlawful conduct dating as far back as 2007.  Though Club Suede voluntarily closed its doors some months ago, today’s stipulated injunction permanently prevents the operators from reopening a place of entertainment at the violence-plagued establishment.  The venue had been a frequent site of Police Department service calls for violent incidents, including some involving firearms; neighborhood +-vandalism; and crowd control problems, according to the civil complaint Herrera filed in April.  The club’s long established pattern of illegal and unfair business practices additionally includes operating beyond permitted business hours; permitting consumption of alcohol after 2:00 a.m.; inadequately credentialed security personnel; and multiple violations of state and local codes.

The case is: City and County of San Francisco and People of the State of California v. Hanson Wong et al., S.F. Superior Court case no. 498-677, filed Apr. 15, 2010.  A copy of the court order and additional documentation is available on the City Attorney’s Web site at http://sfcityattorney.org/index.aspx?page=317.

Dennis Herrera Throws Down: Troubled Club Suede Won’t Be Reopening for a Good Long Time

Tuesday, September 28th, 2010

San Francisco City Attorney Dennis J. Herrera has taken steps to make sure that troubled Club Suede won’t be opening again anytime soon.

Get all the deets, below.

San Francisco’s Happy Warrior…

…isn’t too pleased with the owners of this nightclub:

All the deets:

Herrera secures court-ordered closure of ‘Club Suede,’ site of fatal shooting. Superior Court’s order assures that violence-plagued nightclub must remain shuttered for the duration of City Attorney’s legal action
 
 SAN FRANCISCO (Sept. 28, 2010) — A San Francisco Superior Court judge this morning granted City Attorney Dennis Herrera’s motion for a preliminary injunction to shutter Club Suede, a notorious Fisherman’s Wharf nightclub that was the site of a fatal shooting earlier this year. In issuing the preliminary injunction, Judge Peter J. Busch found that Herrera is likely to prevail on the merits on the causes of action alleged in his complaint filed in April of this year. Hanson Wong and Taliesin Entertainment Group are named as defendants for their operation of the establishment at383 Bay Street. Though Club Suede voluntarily closed its doors some months ago, today’s preliminary injunction will prevent the operators from reopening the violence-plagued establishment for the duration of the lawsuit.
 
“San Francisco treasures its vibrant night life and the vast majority of entertainment venues that operate responsibly,” said Herrera. “Unfortunately, Club Suede’s refusal to abide by the law has created a dangerous environment for club-goers and neighbors alike. Policing irresponsible establishments like Club Suede is about protecting public safety and assuring fair treatment to the law-abiding entertainment businesses that comprise one of our City’s most important cultural and economic sectors.”
 
Club Suede was the site of a fatal shooting in the early hours of Feb. 7, 2010, and its operators have been reported for a pattern of nuisance and unlawful conduct dating as far back as 2007. The venue has been a frequent site of service calls by the San Francisco Police Department for violent incidents, including some involving firearms; neighborhood vandalism; and crowd control problems, according to Herrera’s complaint. The club’s long established pattern of illegal and unfair business practices additionally includes operating beyond permitted business hours; permitting consumption of alcohol after 2:00 a.m.; inadequately credentialed security personnel; and multiple violations of state and local police and safety codes. The City and the defendants are currently engaged in settlement discussions.

The case is: City and County of San Francisco and People of the State of California v. Hanson Wong; Taliesin Entertainment Group, LLC et al., San Francisco Superior Court case no. 498-677, filed Apr. 16, 2010. A copy of the court order and additional documentation is available on the City Attorney’s Web site at http://www.sfcityattorney.org.

The Empire Strikes Back – Rob Anderson, Others Possibly on the Hook for $52K due to the Bike Plan Injunction

Thursday, September 9th, 2010

[UPDATE: Word comes from City Attorney Press Secretary Matt Dorsey. Yes, they're looking for $52k:

"The City is seeking to recover its costs related to the preparation of the administrative record and excerpts of the record requested by the court.  We are also seeking to recover the costs we incurred in serving by messenger the attorney for the petitioner.  The recovery of these costs, which total $51,959, is authorized by the California Code of Civil Procedure.  

Aggressively pursuing the fullest possible recovery of the City's costs in litigation is a standard practice by the City Attorney's Office.  (And I would assume that's similarly true of other law offices, both public and private.)"

And here's another update:

"We're seeking to recover costs from the petitioners as a whole, so all of them.  Assuming we prevail, they can decide among themselves how to apportion what they owe.  

Also, we haven't received a copy of it yet, but it appears from the docket that Ms. Miles filed a motion to strike the cost bill.  The hearing is set for January 7."

So, there you have it.]

[Launching watermelons (two minutes long - there's a nice payoff with a slo mo bonus) can be fun but it's always best to quit while you're ahead...]

I don’t know, I can’t say I understand all this about social gadfly Rob Anderson, or the Coalition for Adequate Review (CAR), or “Ninty-Nine Percent Anderson” or some other person or entity being on the hook for expenses incurred by the City and County of San Francisco because of the whole Bicyle Plan injunction/litigation thing.

But word on the street today is that S.F. is pressing the case to get $52k in legal costs reimbursed. It’s all explained on the Holier Than You blog.

See?  (I’ll tell you, physics majors who went to UC Hastings are known to be extremely reliable sources of information, so that’s why I’m buying all this.)

Anyway, appears as if this case will continue into 2011, believe it or not.

Here it is in black and white:

“AUG-19-2010 MEMORANDUM OF COSTS AND DISBURSEMENTS, $51,959.00 TOTAL COSTS, MATURE DATE SEP-10-2010, FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO”

“SEP-08-2010 NTC AND MOTION TO STRIKE OR IN THE ALTERNATIVE TO TAX RESPONDENTS COXT CLAIM; MEMO OF P AND A; DECLARATION OF MARY MILES IN SUPPORT ; DECLARATION OF ROB ANDERSON, PROOF OF SERVICE FILED BY PETITIONER COALITION FOR ADEQUATE REVIEW NINTY-NINE PERCENT ANDERSON, ROB HEARING SET FOR JAN-07-2011 AT 09:30 AM IN DEPT 301.”

On It Goes…

Dennis Herrera Throws Down: Say Good-Bye to Suede Nightclub at 383 Bay

Thursday, April 15th, 2010

Our City Attorney Dennis J. Herrera can’t abide scofflaws, as you should probably already know. By the time he picks you out as one of a “few bad apples” and you’re appearing in Fugitive.com it’s already too late.

Like this morning, at 383 Bay Street, the site of boarded-up Suede Nightclub and the scene of a host of problems. Check it out, looks as if the entire City, including elements of the Entertainment Commission, wants this Club Suede shut down for far longer than just 30 days.

The scene today at Powell and Bay, with Board of Supervisors President and District 2 Supe David Chiu and members of the Entertainment Commission and the SFPD. We had elected and appointed officials all lined up taking turns to herald the value of a “vibrant” nightlife scene in San Francisco. Then they all ripped on Suede:

Who’ll defend you, Suede? Your mouthpiece, sure, but will he/she be enough?

No. We’re way past the beginning of the end now. We’re at the end of the end.

“City Attorney Dennis Herrera will be joined by Police Chief George Gascón, Board President Supervisor David Chiu, Entertainment Commissioners Terrance Allan and Audrey Joseph at a press conference this morning, Thursday, April 15, for an announcement relating to today’s filing of a complaint against the owner and operator of Club Suede.
 
Club Suede is a notorious public nuisance in the Fisherman’s Wharf area where the club’s unruly crowds, fights, shootings, and stabbings have plagued the business community and surrounding neighborhood.  The club’s egregious pattern of disorderly conduct eventually led to the violence that culminated in this past February’s fatal shooting.
 
What:
Press conference on City Attorney Dennis Herrera’s litigation against the owner and operator of Club Suede

Who:
City Attorney Dennis Herrera
Police Chief George Gascón
Board President Supervisor David Chiu
Entertainment Commissioner Terrance Allan 
Entertainment Commissioner Audrey Joseph
Other community representatives, industry leaders

When:
This morning. Thursday, April 15, 2010 at 10:30 a.m.
Where:
In front of Club Suede
383 Bay Street at Mason Street
San Francisco, CA”