Posts Tagged ‘motion’

City Attorney Dennis Herrera Seeks Court Orders Requiring Uber and Lyft to Follow the Law

Friday, July 21st, 2017

IMO:

  • I’m not sure if it’s the job of the City Attorney to “strike the right balance” betwixt UBER / Lyft convenience vs. traffic congestion.
  • This Travis Kalanick sentence is the highlight: “I had hoped with the changes to its leadership that Uber had reformed its corporate culture.” Not necessarily sarcastic, but it has a bite nevertheless.
  • If a San Francisco taxi driver tells you to get lost because s/he doesn’t want to take you all the way out to the Sunset (which would make money for the driver, just maybe not as much as expected, or as average) or says, “I don’t take people to the Potrero projects,” well that’s a misdemeanor called Failure to Convey. IDK if is this kind of law applies to UBER Lyfters right now. Anyway, that’s what they’re getting at with the talk of discrimination.
  • Oh, and the reason why UBER started here in the Frisco bay first has to do with longstanding SFMTA policies of taxi regulation. Late night ballers such as Travis K had a bear of a time getting home at night – at 2:00 AM on a weekend night sometimes you’d see hundreds of people within a block of Broadway / Columbus with their arms up trying hail a cab. This had to do with a taxi shortage what valued certain people more than the general taxi riding public.

JMO

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Anyway, just released:

Herrera seeks court orders requiring Uber and Lyft to follow the law – Herrera moves for court to enforce his subpoenas requiring Uber, Lyft to turn over records on safety, disability access and operations

SAN FRANCISCO (July 21, 2017) — City Attorney Dennis Herrera announced today that he is requesting court orders to compel Lyft, Uber and two Uber subsidiaries to comply with subpoenas issued on June 5, 2017.  The subpoenas were issued as part of the City Attorney’s investigation into whether ride-hailing companies are creating a public nuisance in San Francisco.

Herrera today filed petitions in San Francisco Superior Court seeking a court order requiring the companies to comply with the subpoenas. The subpoenas are aimed at ensuring Uber and Lyft’s estimated 45,000 drivers in San Francisco do not create a public nuisance by jeopardizing public safety, discriminating or otherwise violating local and state laws.

The administrative subpoenas seek four years of records in eight categories, including miles and hours logged by drivers, incentives that encourage drivers to “commute” to San Francisco from as far away as Fresno or Los Angeles, driver guidance and training, accessible vehicle information, and the routes taken by these drivers in San Francisco.

Herrera is turning to the courts after giving the companies multiple opportunities to comply with the subpoenas.

“Unfortunately, Uber is doing what it always seems to do: raise obstacles and drag its feet— all while continuing to flout the law,” Herrera said. “To its credit, Lyft was more responsive, but in the end they also raised unreasonable roadblocks. They provided a minimal amount of documents before deciding not to comply with the rest of our request. And they have so far failed to execute a confidentiality agreement that would protect any legitimate trade secrets.  From the beginning, we have been clear that the companies must comply with these subpoenas.  These motions are the next step in protecting the rights of the people who live and work in San Francisco.”

On June 22 Herrera won a court ruling requiring Uber to comply with a separate subpoena from Treasurer José Cisneros to help ensure that Uber drivers have business licenses. The court found Uber’s arguments unpersuasive in that case.

San Franciscans and city leaders alike are concerned with public nuisance, public safety, accessibility, discrimination, compensation and other issues arising from the explosive growth of companies like Uber and Lyft.  Herrera issued his subpoenas as he investigates these issues.  He has also requested information about congestion and environmental impacts.

“The status quo is not working,” Herrera said.  “There’s no question that Uber and Lyft offer convenience.  But convenience for some cannot trump the rights of every San Francisco resident and visitor, including the safe enjoyment of our roads and bike lanes. I’m trying to strike the right balance here.  ”

After the subpoenas were issued, Lyft contacted the City Attorney’s Office and worked with the city to try to craft a confidentiality agreement that complies with the subpoena and with public records law, while also protecting trade secrets from public disclosure.  Lyft ultimately was not willing to move forward with a satisfactory agreement, demanding unreasonable provisions.

Uber objected to the subpoenas and refused to produce any documents or data at all. It waited until the June 20 deadline to send a letter telling the city it was declining to produce the information but would be available to “meet and confer regarding Uber’s concerns.”  After that, Uber representatives were slow to meet, late to respond and then non-committal. They have failed to comply with the subpoena.

“Uber was stalling,” Herrera said.  “I had hoped with the changes to its leadership that Uber had reformed its corporate culture. So far, that doesn’t seem to be the case. Both Uber and Lyft were given ample opportunity to follow the law. They chose not to, so now we’re in court.”

Additional documentation from the case is available on the City Attorney’s website at:https://www.sfcityattorney.org/

Armed Patrol on Battery on an Electric Standup Tricycle

Tuesday, December 20th, 2016

I’ve never seen this:

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Note handgun:

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“T3 Motion” Electric Standup Vehicle from Challenge Security.

They’re hiring, but you need your own gun.

Srsly.

Dennis Herrera Throws Down: Cracking Down on Developer Angelo Sangiacomo – TRINITY APTS / “SOMA SUITES HOTEL”

Tuesday, September 8th, 2015

Here’s a new update on this sitch.

“Herrera subpoenas Trinity over rent-controlled apartments used as ‘SOMA Suites Hotel’

“After request for cooperation is met ‘with obfuscation and deflection of responsibility,’ City Attorney moves to compel production of evidence in housing investigation

“SAN FRANCISCO (Sept. 8, 2015) — City Attorney Dennis Herrera today formally subpoenaed documents and information relating to the apparently illegal use of Trinity Place residential units — including at least 16 rent-controlled apartments — for tourist accommodations as “The SOMA Suites Hotel.” The administrative subpoenas served on Trinity’s ownership and a single lessee of some 23 dwellings comes after a month of “repeated, unsuccessful attempts” by Herrera’s office to gain voluntary cooperation in a City Attorney investigation of potentially unlawful and unauthorized uses of the properties at 1188 and 1190 Mission Street.

Herrera initially requested cooperation from developer Angelo Sangiacomo and his legal counsel in an Aug. 5, 2015 letter that sought a full account of the uses of residential units authorized under the city’s 2007 agreement for the Trinity Plaza Development Project (since renamed Trinity Place). But the request was instead met “with obfuscation and deflection of responsibility,” according to a letter from Herrera that accompanied his subpoena to compel Trinity’s production of requested evidence.

“I find your responses on behalf of your clients particularly difficult to accept given the nature and history of the properties,” Herrera wrote to Trinity’s attorney, Andrew Wiegel. “The Trinity Plaza Development Project permitted your client to build high-density, largely residential buildings that, among other things, would preserve 360 units of rent-controlled housing. The benefits of those units that your client committed to provide in the Development Agreement continue to be critically important to the City, especially at a time where the paucity of affordable housing is driving out long-term residents, disrupting communities, and altering the very fabric of our City. Leasing a number of those units to the same individual, under the facts and circumstances we believe to have been the case, violates the letter and spirit of the Development Agreement, and the conditions of approval for the Project.”

A primary focus of the investigation Herrera identified in his letter is the developer’s business relationship with Catherine Zhang and her company, LUMI Worldwide. According to evidence so far established in the City Attorney investigation, Trinity Management Services entered into leases with Zhang for 16 apartments, each subject to rent-control, and each exclusively intended for residential occupancy. Apart from recognizing the obvious — that a single individual can’t simultaneously reside in 16 apartments — Trinity’s management knew that Zhang was subleasing the rent-controlled units, according to Herrera, in apparent violation of its own lease provisions expressly forbidding subletting, and its development agreement with the city. The arrangement may also violate state and local law.

“Leasing a number of those units to the same individual, under the facts and circumstances we believe to have been the case, violates the letter and spirit of the Development Agreement, and the conditions of approval for the Project,” Herrera wrote. “For these reasons, you have left me no choice but to formally subpoena this information.”

Apart from the 16 rent-controlled apartments at 1188 Mission Street (where “The SOMA Suites Hotel” is located, according to its marketing content), another seven Trinity Place apartments at neighboring 1190 Mission Street were also leased to Zhang for concurrent and overlapping periods. Evidence indicates that Zhang similarly subleased those apartments to tourists for short-term stays. Although none of the apartments at 1190 Mission Street is subject to rent-control, the use of dwellings in both buildings is restricted to residential housing under terms of the 2007 development agreement and related City approvals. Herrera today served a similar administrative subpoena on Zhang and LUMI Worldwide.

Additional documentation from the City Attorney’s Office’s investigation is available at: http://www.sfcityattorney.org/.

Apocalypto! Hey, What Happened to that Bay Area Mayan Prophecy “Film?” – Plus, Examiner Publisher Todd Vogt Cowardice

Thursday, December 20th, 2012

Well if the world ends tomorrow, 12-21-2012, the joke’s on me.

But otherwise…

So, earlier this year some rich whacko up in Marin started making a video* in Latin America what was supposed to be all about the so-called Mayan Prophecy.

But things headed south with the production, so that got written up in a blog down south, down in Los Angeles.

And then the same basic info was posted in the San Francisco Examiner. (It used to be right here.)

And then the rich Marin whacko actually went and sued that film-industry blog earlier this year.

And then the rich Marin whacko lost her lawsuit, big time.

So then I made a post about this affair, you know, because nobody else up here had done so.

Then I got a threatening letter from the same attorney who lost the case in L.A. Read that letter here.

But apparently, that threat was all lies and jest.

Oh well.

Hey, do you like sports analogies ‘n stuff?

This is rich Marin County whacko Elisabeth Theriot’s inchoate SLAPP lawsuit against TheWrap blog, IMO:

See? Kicker Garo Yepremien tried to score a few points but then opposing counsel filed a special motion to strike that was so special that discovery was immediately halted. Then he lost the hearing and that was the end of the suit, it looks like. I’m saying Elisabeth Theriot got pwned in court.

With a quickness.

Which, you know, this kind of thing doesn’t happen every day so that’s why I made a post about it.

But now the world is supposed to end tomorrow ‘n stuff and there’s no Mayan Prophecy “film” to see.

Oh well.

Now, what about San Francisco Examiner President and Publisher Todd Vogt? Do you think he got some sort of request or demand or something from rich Marin County whacko Elisabeth Theriot or the wire service or somebody to take down the wire story on these topics, you know, that used to be posted right here?

Why would the ‘Xam have a page dedicated to rich Marin County whacko Elisabeth Theriot (just look at the URL bar) with nothing to say about her? It’s because the story about her that used to be there is no longer there.
Is there cowardice here?

I’ll tell you, TheWrap.com stood up to rich Marin County whacko Elisabeth Theriot and was/will be rewarded with mandatory attorney fees as a kind of reward.

Why couldn’t/can’t the ‘Xam stand up to rich Marin County whacko Elisabeth Theriot too?

I don’t know.

Now I’ll tell you, when an actual newspaper (improperly, IMO) caves to some rich lady, that just might have the effect of emboldening her. Then she just might start going after poor, defenseless WordPress bloggers.

But maybe I’m way off on this one.

If so, please somebody disabuse me.

* I call it a video because it was (mostly?) recorded on digicams – no film required. The current title of this still-troubled production is Mayan Revelations & Hollywood Lies. It’s delayed. It’s nonsense. Oh what’s that, we’re going to see just how important that Long Count calendar is tout de suite? No we won’t. Sorry. Oh, over the coming decades? No we won’t. Sorry.

So This Blog is Getting Sued by a Former Chronicle Publisher Wife? Read the Lawyer Letter – Why is the ‘Xam Afraid?

Friday, October 5th, 2012

[UPDATE 2013: My grandmother, who’s on the wrong side of fifty but the good side of 100, is still driving her new Hyundai around and, bonus, she doesn’t spend any of her hard-earned on SoCal lawyers. And her recent stomach surgery went well, so that’s nice.]

Hey look what’s sitting in my Spam folder right now – it’s a scary letter from a Los Angeles attorney demanding that this blog be retracted.

Immediately.

Can you imagine?

Here’s what caused the trouble:

“Pwned! Area Socialite Elisabeth Thieriot Loses Her “SLAPP” Lawsuit against Journalists in L.A. – Mayan Prophecy”

And here’s the vast bulk of the resulting lawyer letter:

Click to expand, if you dare.

Now I can understand why the San Francisco Chronicle might not want to get involved with all the allegations surrounding the making of some movie project about the Mayan calendar deal. You know, relationships ‘n stuff. And plus, it’s not like a whole bunch of people are going to watch this flick.

So that’s one thing, but the San Francisco Examiner, did it get a similar letter earlier this year? You make the call. See? Earlier this year it used to have something to say about Elisabeth Thieriot and the Mayan Prophecy and Mexico and whatnot, but not now. Mmmm. Did the San Francisco Examiner take down a Reuters news story on this topic because it was afraid of getting sued? Sure looks that way.

Of course that online trade journal TheWrap did get sued. For one million dollars to be exact. But then it responded with a Motion to Strike and that took care of that. And then TheWrap wrote about how it won, big-time. Then I linked to its story (and the entire decision itself) and now it sure looks like I’m the next to get sued.

Comments:

Uh, do I know that this lawyer represented/s that lady? No, not all. I mean, I assume that’s the case, but what’s this “as you know” stuff?

Does the lawyer really want/expect me to retract the entire blog, all 6000 posts? (Does the lawyer actually know what a blog is? Apparently not.)

Does the lawyer want to write my blog posts for me, you know, using his point of view? Sure looks that way. Is that his right? And how can I retract something that’s not wrong?

And I’m supposed to rely on CA law about retractions that apply to the MSM, but not really? So what’s the point of bringing that up? 

And I’m “not authorized” by the lawyer to disclose the contents of the lawyer letter so I can’t do it? Really? Well, similarly, I’m not authorized by that lawyer to have a delicious Taco Bell Doritos Locos taco for lunch, so does that mean I can’t have that for lunch IRL? And I can’t show the letter to anybody, even to get help with how to respond? Is that fair dinkum? I think not.

So who else in the bay area has gotten these kinds of communications from Down South? I don’t know.

Anyway, I guess I’ll take that email chain* out of the Spam folder and put it into the Archive folder and await further developments.

But I’ll think to myself, “Man, don’t you realize you just lost, in a big way, on the very same topic in the very same state?” 

KTHXBYE.

*Apparently, Elisabeth Thieriot herself sent me an email last month as well, on purpose, or by mistake, or something in betwixt. I’ll tell her what I told my grandmother,** about how Reply All is kind of an advanced email technique best left to the younger generation, you know, so you don’t email people by mistake.

** I still can’t believe she got a Hyundai, after all those decades of her having large RWD Ford products such as the Mercury Grand Marquis.  She says her new ride is a “good  snow car.”

Pwned! Area Socialite Elisabeth Thieriot Loses Her “SLAPP” Lawsuit against Journalists in L.A. – Mayan Prophecy

Monday, September 17th, 2012

Here’s the news:

A Los Angeles judge threw out a lawsuit against TheWrap News on Wednesday, ruling that an article about movie financier Elisabeth Thieriot was both accurate and “took pains” in reporting on a production dispute with her co-producer. Judge Barbara M. Scheper of Los Angeles Superior Court sided with the news organization in granting an anti-SLAPP motion to dismiss Thieriot’s complaint on the grounds that it had no probability of success on its merits.”

And you journos should check out the ruling – it’s very accessible.

Background:

Area Whacko Elisabeth Thieriot Hosted a Mayan Spiritual Leader in Tiburon and She Wants You To Know ALL About It

The Second-Best Bay Area-Related Press Release of 2012: Elisabeth Thieriot Manages to “Survive” “False Accusations”

Now, is she going to pay the attorney fees for both sides of this fiasco? Only Time Will Tell.

Now let’s see what the San Francisco Examiner has to say about all this. Uh oh, you’re still afraid, huh ‘Xam? So that’s why you took down all what you said about ET, huh? Fair ‘nough.

ET and Mr. Bigglesworth, Marin County, USA: 

And remember to KYAG by December 21, 2012, you know, when the World ends.

Will the world end in the night time?
(I really don’t know)
Or will the world end in the day time?
(I really don’t know)

PS: Fur is murder

Know Your Faked Viral Videos, Made with GoPro Cameras or Not, In San Francisco or Not, Involving Seagulls or Not

Thursday, September 13th, 2012

This one was for Lego Indiana Jones something, recorded in Potrero Hill by the Butler or something ad agency up in Marin County:

Yeah, fake.

For these reasons and more:

And here’s a faked GoPro seagull video made in France:

And here’s the latest, a faked GoPro video made in San Francisco by a woman from France, apparemment, you know, ostensibly:

In closing, GoPro, GoPro, GoPro! Yay for GoPro! Buy one, or three, today!

The San Francisco “Gymkhana Five” (Gymkhana 5) Video is Coming from Ken Block – It’s Amazing!

Friday, July 6th, 2012

It’s coming on Monday, July 9th. Teaser videos below.

But first, here’s some of the action caught by amateurs in May.

As promised, Jumping Taylor in a Fiesta. Wow:

And in the Financial, on California, near some fake cable cars:

More in Potrero Hill, on Bike to Work Day 2012:

And again in the Financial, being filmed by a radio-controlled chopper:

And Matier and Ross say that there were donuts being done on the Bay Bridge – did anybody see that?

Now, here’s the new stuff:

Teaser #1 – Impressive – Drifting on a Barge – Chopper Shot

Teaser #2 – All Talk, No Action – Dirt Bike injury? – Man, They Sure are Teasing Us

Teaser #3 – Oh Ma Gah – Drifting and Jumping at the Same Time – Is This Possible?

Free up some time on Monday so you can focus on getting to a place where you can watch this in high def.

#Gym5 is going to be the best thing ever, you’ll see.

These Four Videos Show Why Ken Block’s Recent “Gymkhana V” Filming was the Best Thing Ever – Jumping Taylor in a Fiesta

Thursday, May 17th, 2012

As promised, Jumping Taylor in a Fiesta. Wow:

And in the Financial, on California, near some fake cable cars:

More in Potrero Hill, on Bike to Work Day 2012:

And again in the Financial, being filmed by a radio-controlled chopper:

Matier and Ross say that there were donuts being done on the Bay Bridge – did anybody see that?

In closing, These Four Videos Showed Why Ken Block’s Recent “Gymkhana V” Filming was the Best Thing Ever.

The Wiener Dog in Motion: Proof That All Paws Leave the Ground When Trotting About

Wednesday, June 8th, 2011

Thusly:

Click to expand

Now, here’s how they did it back in the day: