latimes--2020-01-06--Officers falsely portrayed people as gang members, falsified records, LAPD says

More than a dozen Los Angeles police officers with the elite Metro Division are being investigated on suspicion of falsifying information they gathered during stops and wrongly portraying people as gang members or associates , according to multiple sources .
The officers , assigned to special patrols in South Los Angeles , are suspected of falsifying field interview cards during stops and inputting incorrect information about those questioned in an effort to boost stop statistics .
In at least one case , body camera and car recordings did not match the accounts in the field interview cards , according to @ @ @ @ @ @ @ have been removed from active duty , the sources said .
Chief Michel Moore on Monday reached out to some civic leaders in South L.A. to explain the investigation .
“ An officer ’ s integrity must be absolute .
There is no place in the Department for any individual who would purposely falsify information on a Department report , ” Moore said in a statement .
The LAPD issued a lengthy statement on Monday explaining that the investigation began after a San Fernando Valley mother received a written correspondence from the department @ @ @ @ @ @ @ son had been identified as a gang member .
She believed her son was misidentified and reported the mistake to a supervisor at a nearby police station .
According to the LAPD , the supervisor immediately reviewed the circumstances , including “ body worn video and other information , finding inaccuracies in the documentation completed by an officer.
” The parent was notified that her son would not be identified as a gang member and any references to him as such were removed , the department said .
The LAPD then launched an @ @ @ @ @ @ @ involved officers .
“ Over the course of several months , Internal Affairs investigators have continued their investigation resulting in identifying additional inaccuracies in the documentation on field interview cards completed by those officers as well as others , ” the LAPD statement read .
All of the officers involved were assigned to Metropolitan Division crime suppression duties at the time the inaccurate documentation was completed , the statement continued .
“ Given the serious nature of the alleged misconduct , all involved officers have been assigned to inactive duty or removed from @ @ @ @ @ @ @ Protective League , the union that represents officers , said in a statement that it was “ aware of reports of discrepancies contained on a limited number of field interview cards that the department is looking into.
” It also expressed confidence that Moore “ will oversee a thorough and fair process to determine the facts and to also ensure that any impacted officer is accorded his or her due process rights.
” A Times investigation published last January showed that Metro officers stopped African American drivers at a rate more than five @ @ @ @ @ @ @ s population .
To combat a surge in violent crime , the LAPD doubled the size of its Metropolitan Division in 2015 , creating special units to swarm crime hot spots .
Nearly half the drivers stopped by Metro are black , which has helped drive up the share of African Americans stopped by the LAPD overall from 21 % to 28 % since the Metro expansion , in a city that is 9 % black , according to the analysis .
In response , the LAPD announced last fall it would drastically @ @ @ @ @ @ @ .
At the time , Moore said Metro ’ s vehicle stops had not proved effective , netting about one arrest for every 100 cars stopped , while coming at a tremendous cost to innocent drivers who felt they were being racially profiled .
Officials said Metro crime suppression officers , who number about 200 , would instead track down suspects wanted in violent offenses and use strategies other than vehicle stops to address flare-ups in crimes such as burglaries and shootings .

More than a dozen Los Angeles police officers with the elite Metro Division are being investigated on suspicion of falsifying information they gathered during stops and wrongly portraying people as gang members or associates, according to multiple sources.
The officers, assigned to special patrols in South Los Angeles, are suspected of falsifying field interview cards during stops and inputting incorrect information about those questioned in an effort to boost stop statistics.
In at least one case, body camera and car recordings did not match the accounts in the field interview cards, according to the sources.
Some of the officers have been removed from active duty, the sources said.
Chief Michel Moore on Monday reached out to some civic leaders in South L.A. to explain the investigation.
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“An officer’s integrity must be absolute. There is no place in the Department for any individual who would purposely falsify information on a Department report,” Moore said in a statement.
The LAPD issued a lengthy statement on Monday explaining that the investigation began after a San Fernando Valley mother received a written correspondence from the department in early 2019 informing her that her son had been identified as a gang member. She believed her son was misidentified and reported the mistake to a supervisor at a nearby police station.
According to the LAPD, the supervisor immediately reviewed the circumstances, including “body worn video and other information, finding inaccuracies in the documentation completed by an officer.”
The parent was notified that her son would not be identified as a gang member and any references to him as such were removed, the department said. The LAPD then launched an internal investigation into the actions of three involved officers.
“Over the course of several months, Internal Affairs investigators have continued their investigation resulting in identifying additional inaccuracies in the documentation on field interview cards completed by those officers as well as others,” the LAPD statement read.
All of the officers involved were assigned to Metropolitan Division crime suppression duties at the time the inaccurate documentation was completed, the statement continued. “Given the serious nature of the alleged misconduct, all involved officers have been assigned to inactive duty or removed from the field.”
The Los Angeles Police Protective League, the union that represents officers, said in a statement that it was “aware of reports of discrepancies contained on a limited number of field interview cards that the department is looking into.” It also expressed confidence that Moore “will oversee a thorough and fair process to determine the facts and to also ensure that any impacted officer is accorded his or her due process rights.”
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A Times investigation published last January showed that Metro officers stopped African American drivers at a rate more than five times their share of the city’s population. To combat a surge in violent crime, the LAPD doubled the size of its Metropolitan Division in 2015, creating special units to swarm crime hot spots.
Nearly half the drivers stopped by Metro are black, which has helped drive up the share of African Americans stopped by the LAPD overall from 21% to 28% since the Metro expansion, in a city that is 9% black, according to the analysis.
In response, the LAPD announced last fall it would drastically cut back on pulling over random vehicles. At the time, Moore said Metro’s vehicle stops had not proved effective, netting about one arrest for every 100 cars stopped, while coming at a tremendous cost to innocent drivers who felt they were being racially profiled. Officials said Metro crime suppression officers, who number about 200, would instead track down suspects wanted in violent offenses and use strategies other than vehicle stops to address flare-ups in crimes such as burglaries and shootings.


latimes--2020-01-06--Building a criminal case against Harvey Weinstein in L.A. was two years in the making

The case against Harvey Weinstein was built by Los Angeles police and prosecutors over two years , and Los Angeles Dist .
Atty .
Jackie Lacey said Monday it was at times a wrenching process .
“ We were working on investigating those cases .
In regards to the victims in this case and other sexual assault cases , it was very challenging to get those victims to open up and tell us what they needed to tell us , ” she said .
“ For some , it was very embarrassing , terrifying and so [ we ] told @ @ @ @ @ @ @ the evidence we need to get to court.
” Weinstein has been charged with four counts of sexual assault in Los Angeles County , stemming from accusations brought by a pair of women who say Weinstein attacked them in hotels in Los Angeles and Beverly Hills in 2013 .
It was one of several allegations made against Weinstein but the first in Los Angeles to result in charges .
As Los Angeles investigated , New York authorities filed criminal charges of their own against Weinstein .
His trial is scheduled to begin this @ @ @ @ @ @ @ The Times L.A. investigators have spent months talking to potential witnesses , seeing how they could corroborate the women ’ s allegations , including through hotel video and records .
Weinstein has denied any wrongdoing in the L.A. allegations and has pleaded not guilty to the New York charges .
The case is challenging because of the private nature of the alleged crime scene and by the fact that many women came to police sometimes years after the incident occurred .
They took action after the New Yorker and New York Times published @ @ @ @ @ @ @ .
Lacey said the investigative work paid off .
“ The bottom line is we had been working on this case quite diligently in the last couple of years and turns out that coincidentally our case was ready to go this year and this was the first business day we could get everyone together that we needed in order to do this , ” Lacey said .
Lacey added , “ We do not want to interfere with the New York case .
The judge there will have to make a decision whether @ @ @ @ @ @ @ as we have filed an arrest warrant .
With more victims and $ 5-million bail , he will have to decide whether the defendant is remanded or not.
” That is likely to trigger a courtroom hearing Tuesday in New York on whether Weinstein should be jailed or his bail increased .
In all , Lacey said , the district attorney ’ s office reviewed eight allegations against Weinstein .
Prosecutors declined to bring charges in three cases because the statute of limitations had expired .
Those cases involved an alleged rape in @ @ @ @ @ @ @ where Weinstein was accused of exposing himself to a producer during a meeting in Beverly Hills in 2011 and an allegation of sexual battery on Christmas Eve in 2015 , court records show .
Three other cases remain under review for possible charges , Lacey said .
Lacey said she expects other uncharged victims to also testify as witnesses to Weinstein ’ s predatory sex crimes in the past involving them .
“ They will be used to prove motive , opportunity , identity , things of that nature .
We will be @ @ @ @ @ @ @ ...
Please come forward , it is not too late.
” The charges , the first announced by Lacey ’ s office , stem from an investigation launched by a task force formed in 2017 to review sexual abuse allegations against high-profile entertainment figures .
The task force has reviewed 40 cases against high-profile alleged predators in the last two years , but declined to prosecute in almost every instance because “ the alleged crimes were too old to prosecute , or there was insufficient credible evidence to file , ” Lacey said @

The case against Harvey Weinstein was built by Los Angeles police and prosecutors over two years, and Los Angeles Dist. Atty. Jackie Lacey said Monday it was at times a wrenching process.
“We were working on investigating those cases. In regards to the victims in this case and other sexual assault cases, it was very challenging to get those victims to open up and tell us what they needed to tell us,” she said. “For some, it was very embarrassing, terrifying and so [we] told them we were just working to get the evidence we need to get to court.”
Weinstein has been charged with four counts of sexual assault in Los Angeles County, stemming from accusations brought by a pair of women who say Weinstein attacked them in hotels in Los Angeles and Beverly Hills in 2013. It was one of several allegations made against Weinstein but the first in Los Angeles to result in charges.
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As Los Angeles investigated, New York authorities filed criminal charges of their own against Weinstein. His trial is scheduled to begin this week.
Law enforcement sources have told The Times L.A. investigators have spent months talking to potential witnesses, seeing how they could corroborate the women’s allegations, including through hotel video and records. Weinstein has denied any wrongdoing in the L.A. allegations and has pleaded not guilty to the New York charges.
The case is challenging because of the private nature of the alleged crime scene and by the fact that many women came to police sometimes years after the incident occurred. They took action after the New Yorker and New York Times published explosive stories in which women accused him.
Lacey said the investigative work paid off.
“The bottom line is we had been working on this case quite diligently in the last couple of years and turns out that coincidentally our case was ready to go this year and this was the first business day we could get everyone together that we needed in order to do this,” Lacey said.
Lacey added, “We do not want to interfere with the New York case. The judge there will have to make a decision whether he remains out on $2-million bail as we have filed an arrest warrant. With more victims and $5-million bail, he will have to decide whether the defendant is remanded or not.”
That is likely to trigger a courtroom hearing Tuesday in New York on whether Weinstein should be jailed or his bail increased.
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In all, Lacey said, the district attorney’s office reviewed eight allegations against Weinstein. Prosecutors declined to bring charges in three cases because the statute of limitations had expired. Those cases involved an alleged rape in Hollywood in the 1970s, an incident where Weinstein was accused of exposing himself to a producer during a meeting in Beverly Hills in 2011 and an allegation of sexual battery on Christmas Eve in 2015, court records show.
Three other cases remain under review for possible charges, Lacey said.
Lacey said she expects other uncharged victims to also testify as witnesses to Weinstein’s predatory sex crimes in the past involving them. “They will be used to prove motive, opportunity, identity, things of that nature. We will be looking at what evidence we have. ... Please come forward, it is not too late.”
The charges, the first announced by Lacey’s office, stem from an investigation launched by a task force formed in 2017 to review sexual abuse allegations against high-profile entertainment figures. The task force has reviewed 40 cases against high-profile alleged predators in the last two years, but declined to prosecute in almost every instance because “the alleged crimes were too old to prosecute, or there was insufficient credible evidence to file,” Lacey said.


latimes--2020-01-06--Taxi drivers picket at LAX, asking city officials to reinstate curbside pickups

Hundreds of taxi drivers held a one-day strike Monday at Los Angeles International Airport , demanding that city officials reinstate curbside passenger pickups at the nation ’ s second-busiest airport .
More than 200 drivers wearing their laminated city credentials marched around the 1.5-mile horseshoe in the central terminal area , holding signs and chanting : “ What do we want ?
Curbside !
When do we want it ?
Now !
” The airport ’ s decision to ban curbside pickups last year dealt another blow to taxi drivers who are struggling to make ends meet in an industry @ @ @ @ @ @ @ said .
“ This is our last chance to survive , ” said Arman Zohrabyan , who has driven for United Taxi for 17 years , as he marched down the sidewalk on Century Boulevard .
Taxi ridership in Los Angeles fell 77 % between 2013 and 2018 , city officials said .
Drivers have long complained that Uber and Lyft had an unfair advantage because they were not required to comply with local laws , including higher fares set by city officials .
The airport has become the most important source of @ @ @ @ @ @ @ declined , said Leon Slomovic , a spokesman for the Taxi Workers Assn .
of Los Angeles .
Fares from LAX are more plentiful and typically more lucrative than those from hotel cab stands or street hails .
In general , each taxi driver is allowed to pick up passengers at LAX every fifth day , which yields more than half of their take-home pay , drivers said .
Travelers who are older , have disabilities or mobility impairments , or have a lot of luggage would be willing to pay slightly more @ @ @ @ @ @ @ if the airport would just give them the option , said Jano Baghdanian , general manager of LA City Cab .
Some of those passengers are now paying more to take private town cars , including Uber Black , because they are still allowed to pick up at the curb , said Martin Manukyan , president of Yellow Cab .
That system , he said , “ benefits Uber and not us.
” Representatives from each taxi company have asked airport officials to reinstate curbside cab stands and allow taxis to operate in @ @ @ @ @ @ @ shuttles .
“ This is not fair competition , ” said Mekoya Kubssa , who has driven a cab for United Independent Taxi for 26 years .
If passengers are forced to take a shuttle to get a taxi , he said , they will choose the cheaper option : Uber .
Taxis represent about 4 % of the vehicle traffic picking up passengers at LAX , according to airport data .
Uber and Lyft combined represent about 11 % .
Offering cab stands next to the bus stops to the LAXit pickup @ @ @ @ @ @ @ during peak periods and drum up more business for taxi companies , Baghdanian said .
If 50 people were waiting in line for a bus , he said , “ half of those people would take a cab.
” The airport “ simply does not have the curb space ” to accommodate taxis at the curbside because major construction , including work on the people-mover train , will force major lane and curb closures , Los Angeles World Airports spokeswoman Becca Doten said Monday .
Officials with LAX will “ continue to meet @ @ @ @ @ @ @ and drivers , ” she said in an email .

Hundreds of taxi drivers held a one-day strike Monday at Los Angeles International Airport, demanding that city officials reinstate curbside passenger pickups at the nation’s second-busiest airport.
More than 200 drivers wearing their laminated city credentials marched around the 1.5-mile horseshoe in the central terminal area, holding signs and chanting: “What do we want? Curbside! When do we want it? Now!”
The airport’s decision to ban curbside pickups last year dealt another blow to taxi drivers who are struggling to make ends meet in an industry decimated by Uber and Lyft, drivers said.
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Hundreds of taxi drivers gather before marching through LAX, demanding that the airport allow passenger curbside pickups. (Robert Gauthier / Los Angeles Times)
“This is our last chance to survive,” said Arman Zohrabyan, who has driven for United Taxi for 17 years, as he marched down the sidewalk on Century Boulevard.
Taxi ridership in Los Angeles fell 77% between 2013 and 2018, city officials said. Drivers have long complained that Uber and Lyft had an unfair advantage because they were not required to comply with local laws, including higher fares set by city officials.
The airport has become the most important source of revenue for drivers as taxi ridership has declined, said Leon Slomovic, a spokesman for the Taxi Workers Assn. of Los Angeles. Fares from LAX are more plentiful and typically more lucrative than those from hotel cab stands or street hails.
In general, each taxi driver is allowed to pick up passengers at LAX every fifth day, which yields more than half of their take-home pay, drivers said.
Checker Cab driver Edwin Leksani Aleksani chants with other taxi drivers protesting at LAX. (Robert Gauthier/Los Angeles Times)
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Travelers who are older, have disabilities or mobility impairments, or have a lot of luggage would be willing to pay slightly more to take a taxi from the curbside if the airport would just give them the option, said Jano Baghdanian, general manager of LA City Cab.
Some of those passengers are now paying more to take private town cars, including Uber Black, because they are still allowed to pick up at the curb, said Martin Manukyan, president of Yellow Cab. That system, he said, “benefits Uber and not us.”
Representatives from each taxi company have asked airport officials to reinstate curbside cab stands and allow taxis to operate in the new bus-only lanes for the LAXit shuttles.
“This is not fair competition,” said Mekoya Kubssa, who has driven a cab for United Independent Taxi for 26 years. If passengers are forced to take a shuttle to get a taxi, he said, they will choose the cheaper option: Uber.
Taxi drivers are calling on LAX officials to reinstate curbside cab stands and allow taxis to operate in the new bus-only lanes for the LAXit shuttles. (Robert Gauthier / Los Angeles Times)
Taxis represent about 4% of the vehicle traffic picking up passengers at LAX, according to airport data. Uber and Lyft combined represent about 11%.
Offering cab stands next to the bus stops to the LAXit pickup area would relieve crowding on the shuttles during peak periods and drum up more business for taxi companies, Baghdanian said. If 50 people were waiting in line for a bus, he said, “half of those people would take a cab.”
The airport “simply does not have the curb space” to accommodate taxis at the curbside because major construction, including work on the people-mover train, will force major lane and curb closures, Los Angeles World Airports spokeswoman Becca Doten said Monday.
Officials with LAX will “continue to meet with all stakeholders, including taxi companies and drivers,” she said in an email.


latimes--2020-01-06--Judge signals his approval of landmark USC settlement to ex-gynecologist's patients

A federal judge in Los Angeles said Monday that he would give final approval to USC ’ s landmark $ 215-million class-action settlement with former patients of Dr. George Tyndall , the campus gynecologist who has been accused of a decades-long pattern of sexual abuse and misconduct .
U.S. District Judge Stephen V. Wilson said he “ was inclined to accept ” the settlement , a decision that , barring any appeals , would clear the way for USC to start writing checks to approximately 18,000 women who saw Tyndall during their time at the university .
Finalizing the settlement @ @ @ @ @ @ @ of USC ’ s legal exposure , but it does not end the institution ’ s mounting costs related to the Tyndall scandal .
The university ’ s handling of the student health doctor , first exposed by an investigation by The Times , sparked a Department of Education probe and prompted more than 600 plaintiffs to file state court lawsuits that are still pending .
Records unsealed in the federal case showed that USC ’ s contracted medical experts concluded that Tyndall ’ s pelvic exams were inappropriate and not within medical @ @ @ @ @ @ @ unusual and potentially dangerous opinions about breast exams.
” Nevertheless , the university quietly cut ties with the physician and neglected to report him to state regulators until months later .
For the federal settlement , the payouts to each patient will come in tiers starting with a guaranteed minimum of $ 2,500 to all women , regardless of whether they formally accused Tyndall of harassment or assault .
If women choose to confidentially detail their allegations against Tyndall , they could be eligible for a payment of up to $ 250,000 .
@ @ @ @ @ @ @ said he favored appointing retired federal Judge Irma Gonzalez to lead a three-person panel that designates the money awards in tandem with an expert gynecologist and a psychologist .
No one would be allowed to appeal that panel ’ s decision , the judge added .
It ’ s unclear when Wilson would file his formal approval of the settlement .
USC said in a statement after the hearing that it was “ pleased with the court ’ s decision.
” The statement added : “ This settlement provides respectful and confidential relief @ @ @ @ @ @ @ center and formalizes a broad array of campus reforms.
” Annika Martin , one of the lead attorneys representing women in the federal case , said the lack of any objections from Tyndall ’ s former patients and the large participation rate were an endorsement of the settlement .
“ We tried very hard to get this right , ” Martin told The Times in an interview .
“ It looks like something that many class members found to be a safe way to stand up and be counted and hold the school @ @ @ @ @ @ @ Tyndall , who turned 73 on Monday , will not contribute to the payout , nor will he admit liability or wrongdoing .
He has been charged by the Los Angeles County district attorney ’ s office with 29 felony counts related to sexual abuse and misconduct with 16 patients .
He has pleaded not guilty and is free on bond while the case is pending in Los Angeles County Superior Court .
Tyndall has maintained that his exams were medically appropriate .
After court Monday , one of his attorneys , N. @ @ @ @ @ @ @ denied wrongdoing .
Wilson , the judge overseeing the federal case , granted preliminary approval to the settlement in June .
More than 10,000 former patients received notice about the settlement .
Notices also went to 150,000 women who attended USC from 1989 to 2016 who were identified as potential class members in the settlement .
Since then , attorneys and their staff have worked to verify who is eligible for a money award .
Ultimately about 800 people opted out of the settlement , according to court records .
Of those , @ @ @ @ @ @ @ lawsuits in state court .
Those cases are in discovery , with attorneys questioning current and former USC nurses , administrators and medical assistants about what they knew about Tyndall .
Mike Arias , an attorney who is helping to lead the state court lawsuits , predicted that many people who were part of the class-action settlement would be disappointed later because the maximum award — $ 250,000 — still “ highly undervalued ” their cases .
“ At the end of the day , this was a tool used by USC to @ @ @ @ @ @ @ ” Arias said .
“ USC accomplished what it wanted to accomplish.
” In addition to the $ 215 million , USC has agreed to pay up to $ 25 million in legal fees and other costs to the attorneys representing former patients .
Wilson , the judge , will have to approve any payment of legal fees .

George Tyndall, at a court hearing last year, has been accused by hundreds of women of sexual harassment and abuse.
A federal judge in Los Angeles said Monday that he would give final approval to USC’s landmark $215-million class-action settlement with former patients of Dr. George Tyndall, the campus gynecologist who has been accused of a decades-long pattern of sexual abuse and misconduct.
U.S. District Judge Stephen V. Wilson said he “was inclined to accept” the settlement, a decision that, barring any appeals, would clear the way for USC to start writing checks to approximately 18,000 women who saw Tyndall during their time at the university.
Finalizing the settlement closes the door to a large portion of USC’s legal exposure, but it does not end the institution’s mounting costs related to the Tyndall scandal. The university’s handling of the student health doctor, first exposed by an investigation by The Times, sparked a Department of Education probe and prompted more than 600 plaintiffs to file state court lawsuits that are still pending.
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Records unsealed in the federal case showed that USC’s contracted medical experts concluded that Tyndall’s pelvic exams were inappropriate and not within medical standards, and that he had “unusual and potentially dangerous opinions about breast exams.” Nevertheless, the university quietly cut ties with the physician and neglected to report him to state regulators until months later.
For the federal settlement, the payouts to each patient will come in tiers starting with a guaranteed minimum of $2,500 to all women, regardless of whether they formally accused Tyndall of harassment or assault. If women choose to confidentially detail their allegations against Tyndall, they could be eligible for a payment of up to $250,000.
During the brief hearing Monday, Wilson said he favored appointing retired federal Judge Irma Gonzalez to lead a three-person panel that designates the money awards in tandem with an expert gynecologist and a psychologist. No one would be allowed to appeal that panel’s decision, the judge added.
It’s unclear when Wilson would file his formal approval of the settlement.
USC said in a statement after the hearing that it was “pleased with the court’s decision.” The statement added: “This settlement provides respectful and confidential relief to Tyndall patients at the student health center and formalizes a broad array of campus reforms.”
Annika Martin, one of the lead attorneys representing women in the federal case, said the lack of any objections from Tyndall’s former patients and the large participation rate were an endorsement of the settlement.
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“We tried very hard to get this right,” Martin told The Times in an interview. “It looks like something that many class members found to be a safe way to stand up and be counted and hold the school accountable.”
Under the approved terms, Tyndall, who turned 73 on Monday, will not contribute to the payout, nor will he admit liability or wrongdoing. He has been charged by the Los Angeles County district attorney’s office with 29 felony counts related to sexual abuse and misconduct with 16 patients. He has pleaded not guilty and is free on bond while the case is pending in Los Angeles County Superior Court.
Tyndall has maintained that his exams were medically appropriate. After court Monday, one of his attorneys, N. Denise Taylor, said that her client denied wrongdoing.
Wilson, the judge overseeing the federal case, granted preliminary approval to the settlement in June. More than 10,000 former patients received notice about the settlement. Notices also went to 150,000 women who attended USC from 1989 to 2016 who were identified as potential class members in the settlement. Since then, attorneys and their staff have worked to verify who is eligible for a money award.
Ultimately about 800 people opted out of the settlement, according to court records. Of those, about 600 are part of the separate lawsuits in state court. Those cases are in discovery, with attorneys questioning current and former USC nurses, administrators and medical assistants about what they knew about Tyndall.
Mike Arias, an attorney who is helping to lead the state court lawsuits, predicted that many people who were part of the class-action settlement would be disappointed later because the maximum award — $250,000 — still “highly undervalued” their cases.
“At the end of the day, this was a tool used by USC to limit the number of overall claims,” Arias said. “USC accomplished what it wanted to accomplish.”
In addition to the $215 million, USC has agreed to pay up to $25 million in legal fees and other costs to the attorneys representing former patients. Wilson, the judge, will have to approve any payment of legal fees.


latimes--2020-01-06--LAPD officer pleads not guilty to touching dead woman's breast

A Los Angeles police officer who allegedly touched a dead woman ’ s breast while he was on duty last fall pleaded not guilty Monday to a felony count .
David Rojas , 27 , could face up to three years in state prison if convicted of having sexual contact with human remains without authority .
Rojas , who is free on $ 20,000 bail , appeared in a downtown courtroom to enter his plea .
He was ordered to return Feb. 27 , when a date is expected to be set for a preliminary hearing to determine whether there @ @ @ @ @ @ @ .
Rojas and his partner responded Oct. 20 to a report of a possible dead woman in a residence .
He ’ s accused of touching the woman ’ s breast while he was alone in the room , according to the district attorney ’ s office .
The allegation against Rojas was brought to the department Nov. 20 .
The four-year Los Angeles Police Department veteran -- who was assigned to the downtown-area Central Division -- was subsequently placed on leave .
He was arrested Dec. 12 by Los Angeles police and @ @ @ @ @ @ @ according to jail records .
“ This incident is extremely disturbing and does not represent the values of the Los Angeles Police Department , ” LAPD Chief Michel Moore said then .
“ The Los Angeles Police Protective League will not defend Mr. Rojas during his criminal proceedings , and his alleged behavior is abhorrent and an affront to every law enforcement professional working for the LAPD , ” the league said in a statement .

David Rojas could face up to three years in state prison if convicted. Pictured, the Los Angeles Police Department headquarters.
A Los Angeles police officer who allegedly touched a dead woman’s breast while he was on duty last fall pleaded not guilty Monday to a felony count.
David Rojas, 27, could face up to three years in state prison if convicted of having sexual contact with human remains without authority.
Rojas, who is free on $20,000 bail, appeared in a downtown courtroom to enter his plea. He was ordered to return Feb. 27, when a date is expected to be set for a preliminary hearing to determine whether there is sufficient evidence to proceed to trial.
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Rojas and his partner responded Oct. 20 to a report of a possible dead woman in a residence. He’s accused of touching the woman’s breast while he was alone in the room, according to the district attorney’s office.
The allegation against Rojas was brought to the department Nov. 20.
The four-year Los Angeles Police Department veteran -- who was assigned to the downtown-area Central Division -- was subsequently placed on leave.
He was arrested Dec. 12 by Los Angeles police and released on bond later that day, according to jail records.
“This incident is extremely disturbing and does not represent the values of the Los Angeles Police Department,” LAPD Chief Michel Moore said then.
“The Los Angeles Police Protective League will not defend Mr. Rojas during his criminal proceedings, and his alleged behavior is abhorrent and an affront to every law enforcement professional working for the LAPD,” the league said in a statement.


latimes--2020-01-06--20 firefighters who battled California blazes head to Australia to help

A group of 20 firefighters , including several who battled October ’ s Saddleridge fire near Sylmar , will travel to Australia on Monday to help combat the wildfires that have ravaged roughly and killed at least 24 people and millions of birds , reptiles and mammals .
The firefighters are all leaders in their units and collectively have more than 100 years of experience , each five- to 20-year veterans .
“ It ’ s an impressive dream team of sorts , ” said Angeles National Fire Service spokesperson Andrew Mitchell .
Many in the group performed an array @ @ @ @ @ @ @ the captain of a hotshot crew , another oversaw a firefighting unit , some worked on aviation assignments .
They all will assist the Victoria Rural Fire Service , the largest fire service in the Australian state of Victoria .
Jonathan Merager , a fire-prevention technician and 18-year firefighting veteran , said he didn ’ t hesitate to volunteer for the assignment when a request for help was submitted to various state and federal agencies .
“ Our Australian sisters and brothers have helped us over the years , ” he said .
@ @ @ @ @ @ @ assistance.
” Merager , 47 , said that his only apprehension is that he will be leaving behind his wife and sons , ages 9 , 11 , 15 and 25 .
He said the family has expressed concerns after seeing images of the fires ’ path of destruction throughout Australia .
But they ’ re used to his travels throughout California and across the country to combat fires .
In 2009 , he battled the Station fire that blackened more than 160,000 acres of the Angeles National Forest .
In October , @ @ @ @ @ @ @ , Merager was dispatched to North Carolina , where fires burned thousands of acres of land .
The request to Angeles National Fire Service came from the National Interagency Fire Center — the government agency that is coordinating the deployment of firefighters from the United States .
Roughly 100 firefighters have traveled to Australia over the last four weeks after a U.S. liaison visited to help determine the scope of U.S. resources .
Those dispatched Monday from California are part of a group of 50 to 60 .
At least sixteen other firefighters @ @ @ @ @ @ @ said that while the terrain in Australia is similar to that of Southern California , environmental hazards to plants and animals differ .
“ There ’ s a lot more snakes that could bite you , ” he said .
The group will receive a brief orientation before receiving their assignments in Victoria , where they will remain for 35 days .
Merager believes that his assignment will be on the ground at the cutting line , removing brush around the perimeter of the fire .
The exchange of fire resources is made @ @ @ @ @ @ @ of the Interior and Emergency Management Australia .
“ It works really well because Australia has a different fire season than we do in the United States , ” NIFC spokesperson Kari Cobb said .
In August 2018 , Australia and New Zealand sent roughly 140 firefighters to the United States for nearly 30 days .
The group was stationed in Northern California , Washington and Oregon .
This is the first time since 2010 that the United States is sending firefighters to Australia .
Canada is also sending firefighters for the first @ @ @ @ @ @ @ salary on the special assignment , Cobb said .

Eduardo Valle, 30, shown with his wife and daughter, is one of 20 local firefighters preparing to head to Australia to assist the Victoria Rural Fire Service in wildfire suppression operations.
A group of 20 firefighters, including several who battled October’s Saddleridge fire near Sylmar, will travel to Australia on Monday to help combat the wildfires that have ravaged roughly 12.4 million acres of land and killed at least 24 people and millions of birds, reptiles and mammals.
The firefighters are all leaders in their units and collectively have more than 100 years of experience, each five- to 20-year veterans.
“It’s an impressive dream team of sorts,” said Angeles National Fire Service spokesperson Andrew Mitchell.
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Sergio Tosano, 31, unpacks his car as he prepare to head to Melbourne, Australia. (Jason Armond/Los Angeles Times)
Many in the group performed an array of tasks during Saddleridge — one was the captain of a hotshot crew, another oversaw a firefighting unit, some worked on aviation assignments. They all will assist the Victoria Rural Fire Service, the largest fire service in the Australian state of Victoria.
Jonathan Merager, a fire-prevention technician and 18-year firefighting veteran, said he didn’t hesitate to volunteer for the assignment when a request for help was submitted to various state and federal agencies.
“Our Australian sisters and brothers have helped us over the years,” he said. “It seemed natural to reciprocate that assistance.”
Merager, 47, said that his only apprehension is that he will be leaving behind his wife and sons, ages 9, 11, 15 and 25. He said the family has expressed concerns after seeing images of the fires’ path of destruction throughout Australia.
Twenty local firefighters, some of whom battled the Saddleridge fire in the San Fernando Valley in October, prepare to head to Melbourne, Australia. (Jason Armond/Los Angeles Times)
But they’re used to his travels throughout California and across the country to combat fires. In 2009, he battled the Station fire that blackened more than 160,000 acres of the Angeles National Forest. In October, while firefighters in Southern California battled Saddleridge, Merager was dispatched to North Carolina, where fires burned thousands of acres of land.
The request to Angeles National Fire Service came from the National Interagency Fire Center — the government agency that is coordinating the deployment of firefighters from the United States. Roughly 100 firefighters have traveled to Australia over the last four weeks after a U.S. liaison visited to help determine the scope of U.S. resources. Those dispatched Monday from California are part of a group of 50 to 60. At least sixteen other firefighters from California were deployed earlier.
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Mitchell said that while the terrain in Australia is similar to that of Southern California, environmental hazards to plants and animals differ.
“There’s a lot more snakes that could bite you,” he said.
Justine Gude is one of 20 local firefighters who will to head to Melbourne, Australia, to assist the Victoria Rural Fire Service in wildfire suppression operations. (Jason Armond/Los Angeles Times)
The group will receive a brief orientation before receiving their assignments in Victoria, where they will remain for 35 days.
Merager believes that his assignment will be on the ground at the cutting line, removing brush around the perimeter of the fire.
The exchange of fire resources is made through an agreement between the U.S. Department of the Interior and Emergency Management Australia.
“It works really well because Australia has a different fire season than we do in the United States,” NIFC spokesperson Kari Cobb said.
In August 2018, Australia and New Zealand sent roughly 140 firefighters to the United States for nearly 30 days. The group was stationed in Northern California, Washington and Oregon. This is the first time since 2010 that the United States is sending firefighters to Australia. Canada is also sending firefighters for the first time.
The firefighters earn their normal salary on the special assignment, Cobb said.


latimes--2020-01-06--Herb Wesson secures a contested Democratic Party endorsement in race for L.A. supervisor

City Council member Herb Wesson has received the backing of the L.A. County Democratic Party in his campaign to win a hotly contested seat on the Board of Supervisors .
On Sunday , party officials tossed out a challenge to its original endorsement last month , saying Wesson ’ s opponent , former L.A. City Council member Jan Perry “ did not meet the burden of proof ” required to rescind the decision .
“ Our job is to keep the party transparent , accountable and operating , ” party Chair Mark Gonzalez said in a statement .
“ I @ @ @ @ @ @ @ working with integrity and providing the committee and campaigns with all the necessary information to conclude this process.
” Wesson won the endorsement the first time on Dec. 10 with 114 votes .
Perry got 26 votes , and state Sen. Holly Mitchell , who also is vying for the 2nd District seat , got 44 votes , narrowly giving Wesson the 60 % required for a victory .
That led the Perry and Mitchell campaigns to raise questions about the party ’ s voting process .
Perry ’ s campaign filed an @ @ @ @ @ @ @ on the endorsement ballots didn ’ t match the sign-in logs , and that some ballots were cast by members who hadn ’ t signed in at all .
Party officials , however , contended the process was fair and argued that the rules allowed regular members to designate an alternate to vote in their place .
On Sunday , an appeals committee heard Perry ’ s challenge and determined , after reviewing ballots and taking testimony , that the endorsement should stand .
Wesson ’ s campaign celebrated the decision , decrying @ @ @ @ @ @ @ divisiveness ” within the party .
“ The only thing better than winning the endorsement of the Democratic Party once is to win it again , ” the campaign said in a statement .
“ We are surprised by our opponent ’ s Trump-style attempt to undermine the democratic process.
” The controversy over the endorsement vote is the first major public spat in a campaign that ’ s expected to get more heated as the March primary election approaches .
The race to replace term-limited Supervisor Mark Ridley-Thomas has .
The district @ @ @ @ @ @ @ , had roughly half the black adults in Los Angeles County .
But Latinos have a plurality — if not a majority — in the district , which spans Culver City to Koreatown to Carson .
Wesson , a former president of the L.A. City Council , has received numerous local endorsements , including from Mayor Eric Garcetti , and has been the perceived front-runner based on fundraising .
Perry , who once represented downtown Los Angeles on the City Council and finished fourth in the 2013 mayoral race , and Mitchell , @ @ @ @ @ @ @ budget committee , are seen as his strongest challengers .
Carson Mayor Albert Robles also recently joined the race .
Mitchell appeared ready to move on from the controversy on Sunday , issuing a statement accepting the decision and pivoting to policies for combating homelessness — a crucial topic among voters .
The Perry campaign , however , refused to back down and maintained that Wesson had received the endorsement improperly .
“ There is only one person we hold responsible for manipulating the Los Angeles County Democratic Party ’ s endorsement process @ @ @ @ @ @ @ the campaign said on Sunday .
“ What Herb touches he corrupts.
” Some private polls have suggested that the contest remains wide open , with a significant slice of the electorate still undecided on a candidate .
But the Democratic Party ’ s endorsement could signal to voters that Wesson ’ s campaign is leading .
“ The Democratic endorsement is the major indicator of where the race is , ” said Dermot Givens , a local political consultant who has been following the race closely .
“ These are the insiders @ @ @ @ @ @ @ They are making a choice as to who they think the best candidate is .
”

City Council member Herb Wesson has received the backing of the L.A. County Democratic Party in his campaign to win a hotly contested seat on the Board of Supervisors.
Again.
On Sunday, party officials tossed out a challenge to its original endorsement last month, saying Wesson’s opponent, former L.A. City Council member Jan Perry “did not meet the burden of proof” required to rescind the decision.
“Our job is to keep the party transparent, accountable and operating,” party Chair Mark Gonzalez said in a statement. “I’m proud of our team for working with integrity and providing the committee and campaigns with all the necessary information to conclude this process.”
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Wesson won the endorsement the first time on Dec. 10 with 114 votes. Perry got 26 votes, and state Sen. Holly Mitchell, who also is vying for the 2nd District seat, got 44 votes, narrowly giving Wesson the 60% required for a victory.
That led the Perry and Mitchell campaigns to raise questions about the party’s voting process. Perry’s campaign filed an official challenge, claiming that some signatures on the endorsement ballots didn’t match the sign-in logs, and that some ballots were cast by members who hadn’t signed in at all.
Party officials, however, contended the process was fair and argued that the rules allowed regular members to designate an alternate to vote in their place.
On Sunday, an appeals committee heard Perry’s challenge and determined, after reviewing ballots and taking testimony, that the endorsement should stand.
Wesson’s campaign celebrated the decision, decrying his opponents’ attempts to sow “divisiveness” within the party.
“The only thing better than winning the endorsement of the Democratic Party once is to win it again,” the campaign said in a statement. “We are surprised by our opponent’s Trump-style attempt to undermine the democratic process.”
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The controversy over the endorsement vote is the first major public spat in a campaign that’s expected to get more heated as the March primary election approaches.
The race to replace term-limited Supervisor Mark Ridley-Thomas has drawn 10 candidates . The district, when drawn after the 2010 census, had roughly half the black adults in Los Angeles County. But Latinos have a plurality — if not a majority — in the district, which spans Culver City to Koreatown to Carson.
Wesson, a former president of the L.A. City Council, has received numerous local endorsements, including from Mayor Eric Garcetti, and has been the perceived front-runner based on fundraising.
Perry, who once represented downtown Los Angeles on the City Council and finished fourth in the 2013 mayoral race, and Mitchell, who leads the state Senate’s budget committee, are seen as his strongest challengers. Carson Mayor Albert Robles also recently joined the race.
Mitchell appeared ready to move on from the controversy on Sunday, issuing a statement accepting the decision and pivoting to policies for combating homelessness — a crucial topic among voters.
The Perry campaign, however, refused to back down and maintained that Wesson had received the endorsement improperly.
“There is only one person we hold responsible for manipulating the Los Angeles County Democratic Party’s endorsement process and that is Herb Wesson,” the campaign said on Sunday. “What Herb touches he corrupts.”
Some private polls have suggested that the contest remains wide open, with a significant slice of the electorate still undecided on a candidate. But the Democratic Party’s endorsement could signal to voters that Wesson’s campaign is leading.
“The Democratic endorsement is the major indicator of where the race is,” said Dermot Givens, a local political consultant who has been following the race closely. “These are the insiders, they know the candidates. … They are making a choice as to who they think the best candidate is.”


latimes--2020-01-06--Trapped in bathroom, held down by Weinstein: Woman's horrifying allegations laid out by prosecutors

The sexual assault charges filed Monday against Harvey Weinstein involve incidents that occurred over three days in February 2013 at two separate Beverly Hills hotels .
The former movie mogul faces charges of forcible rape , forcible oral copulation , sexual penetration by use of force and sexual battery by restraint in the two cases .
The cases both involve women who say Weinstein attacked them at his hotel suite after he met them at work-related events .
Weinstein in the past has denied any wrongdoing .
Jane Doe 1 has spoken out before .
But the court documents mark @ @ @ @ @ @ @ Jane Doe 2 .
Here is what we know : An Italian model-actress alleged Weinstein raped her at the Mr. C Beverly Hills hotel in 2013 .
The case came to light in 2017 after allegations against Weinstein were made public by the New Yorker and New York Times .
The actress said she met and briefly spoke with the producer during the Los Angeles Italia Film , Fashion and Art Fest that year , after which he “ bullied ” his way into her hotel room .
The actress described the alleged @ @ @ @ @ @ @ Angeles Times .
“ Once inside , he asked me questions about myself , but soon became very aggressive and demanding and kept asking to see me naked.
” She said that she showed him pictures of her children as she cried and begged him to go away .
“ He grabbed me by the hair and forced me to do something I did not want to do , ” she said , saying that Weinstein forced her to perform oral sex on him .
“ He then dragged me to the bathroom @ @ @ @ @ @ @ law enforcement sources , the actress did not immediately report the alleged incident .
But she did tell three people what happened to her , including her priest .
Investigators traveled to Italy , where she lived at the time of the alleged assault , and independently verified their accounts .
Since the allegation surfaced , Weinstein ’ s attorneys have vigorously denied that he was at Mr. C Beverly Hills that night .
He has also denied ever being alone with the accuser .
There is much less known about the second @ @ @ @ @ @ @ same week .
In court papers filed Monday , prosecutors allege that Weinstein met Jane Doe 2 during a business meeting at a restaurant inside a hotel .
They were with a female acquaintance .
After that , the three spoke in the lobby and eventually went to Weinstein ’ s hotel suite , prosecutors allege .
Jane Doe 2 said she unwittingly made it into Weinstein ’ s hotel bathroom , and the female acquaintance shut the door behind her .
At that point , Weinstein allegedly took off his clothes and @ @ @ @ @ @ @ papers allege .
“ While naked he moved towards her keeping himself between her the door and preventing her from leaving .
She laughed from shock as the defendant took down her dress .
He turned her around and held her in place by her breast as he masturbated until he ejaculated on the floor , ” wrote prosecutor Paul Thompson .
He then let her leave , the documents say .

Actress Louise Godbold, who has accused Harvey Weinstein of sexual misconduct, speaks to the media outside the courthouse on Monday in New York City.
The sexual assault charges filed Monday against Harvey Weinstein involve incidents that occurred over three days in February 2013 at two separate Beverly Hills hotels.
The former movie mogul faces charges of forcible rape, forcible oral copulation, sexual penetration by use of force and sexual battery by restraint in the two cases.
The cases both involve women who say Weinstein attacked them at his hotel suite after he met them at work-related events. Weinstein in the past has denied any wrongdoing.
Jane Doe 1 has spoken out before. But the court documents mark the first detailing of accusations made by Jane Doe 2.
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Here is what we know:
Jane Doe 1 (Feb. 17-18)
An Italian model-actress alleged Weinstein raped her at the Mr. C Beverly Hills hotel in 2013. The case came to light in 2017 after allegations against Weinstein were made public by the New Yorker and New York Times.
The actress said she met and briefly spoke with the producer during the Los Angeles Italia Film, Fashion and Art Fest that year, after which he “bullied” his way into her hotel room.
The actress described the alleged incident in an earlier interview with The Los Angeles Times. “Once inside, he asked me questions about myself, but soon became very aggressive and demanding and kept asking to see me naked.” She said that she showed him pictures of her children as she cried and begged him to go away. “He grabbed me by the hair and forced me to do something I did not want to do,” she said, saying that Weinstein forced her to perform oral sex on him. “He then dragged me to the bathroom and forcibly raped me.”
According to law enforcement sources, the actress did not immediately report the alleged incident. But she did tell three people what happened to her, including her priest. Investigators traveled to Italy, where she lived at the time of the alleged assault, and independently verified their accounts.
Since the allegation surfaced, Weinstein’s attorneys have vigorously denied that he was at Mr. C Beverly Hills that night. He has also denied ever being alone with the accuser.
Jane Doe 2 (Feb. 19)
There is much less known about the second case at a Beverly Hills hotel that same week.
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In court papers filed Monday, prosecutors allege that Weinstein met Jane Doe 2 during a business meeting at a restaurant inside a hotel. They were with a female acquaintance. After that, the three spoke in the lobby and eventually went to Weinstein’s hotel suite, prosecutors allege. Jane Doe 2 said she unwittingly made it into Weinstein’s hotel bathroom, and the female acquaintance shut the door behind her.
At that point, Weinstein allegedly took off his clothes and took a brief shower, the court papers allege.
“While naked he moved towards her keeping himself between her the door and preventing her from leaving. She laughed from shock as the defendant took down her dress. He turned her around and held her in place by her breast as he masturbated until he ejaculated on the floor,” wrote prosecutor Paul Thompson.
He then let her leave, the documents say.


latimes--2020-01-06--Airbnb cracks down on Hollywood Hills party houses identified by LAPD

Recent efforts by Airbnb to rein in parties and rowdy guests intensified Monday as the company announced it was cracking down on two dozen listings in the Hollywood Hills that law enforcement identified as nuisance properties .
Based on information provided by the Los Angeles Police Department , Airbnb identified 28 Hollywood Hills homes listed on the company ’ s website that had also been pegged by law enforcement as chronic party houses .
Some of those homes had generated citations and “ cease and desist ” orders in the city , according to the company .
All upcoming reservations @ @ @ @ @ @ @ Some of the properties have been removed from Airbnb based on the severity of the issues identified by law enforcement .
Other properties will be subject to lengthy suspensions , and the homeowners will need to certify that they ’ re in good standing with the city by submitting documentation to Airbnb before being considered for reinstatement , the company wrote in a statement .
“ LAPD Hollywood Division appreciates Airbnb ’ s outstanding cooperation in delisting nuisance party locations , ” LAPD Capt .
Steven Lurie said in a prepared statement .
@ @ @ @ @ @ @ short-term rental platforms to allow them to provide their valuable service while maintaining the character of our neighborhoods.
” It is not clear how many homes have been removed from the company ’ s website .
Airbnb did not provide specific streets or addresses of the homes under scrutiny .
The move is part of a recent push by the San Francisco-based company to build trust on its platform by identifying listings that may be violating its ban on “ open invite ” parties , or those without a set guest list that @ @ @ @ @ @ @ company said last month it would be looking at accommodations in cities such as Los Angeles , Miami Beach , London and Montreal as part of its enforcement efforts .
The company also banned large parties at apartment buildings and condos .
“ This policy does not impact parties that are authorized by hosts and convened respectfully by guests , ” the company said in a statement last month .
“ Instead , our goal with this new policy is to address the small number of guests who act irresponsibly and those rare @ @ @ @ @ @ @ ” Airbnb ’ s efforts come on the heels of a deadly shooting that took place at a Halloween party at a home in Orinda , Calif. , that was listed by the company .
Five people were killed during the party , which had more than 100 attendees .
The Associated Press contributed to this report .

Airbnb announced Monday that it is cracking down on 28 properties in the Hollywood Hills that were identified by the Los Angeles Police Department as creating a substantial neighborhood nuisance.
Recent efforts by Airbnb to rein in parties and rowdy guests intensified Monday as the company announced it was cracking down on two dozen listings in the Hollywood Hills that law enforcement identified as nuisance properties.
Based on information provided by the Los Angeles Police Department, Airbnb identified 28 Hollywood Hills homes listed on the company’s website that had also been pegged by law enforcement as chronic party houses. Some of those homes had generated citations and “cease and desist” orders in the city, according to the company.
All upcoming reservations for those homes have been canceled. Some of the properties have been removed from Airbnb based on the severity of the issues identified by law enforcement. Other properties will be subject to lengthy suspensions, and the homeowners will need to certify that they’re in good standing with the city by submitting documentation to Airbnb before being considered for reinstatement, the company wrote in a statement.
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“LAPD Hollywood Division appreciates Airbnb’s outstanding cooperation in delisting nuisance party locations,” LAPD Capt. Steven Lurie said in a prepared statement. “We continue to work with all short-term rental platforms to allow them to provide their valuable service while maintaining the character of our neighborhoods.”
It is not clear how many homes have been removed from the company’s website. Airbnb did not provide specific streets or addresses of the homes under scrutiny.
The move is part of a recent push by the San Francisco-based company to build trust on its platform by identifying listings that may be violating its ban on “open invite” parties, or those without a set guest list that are advertised on social media. The company said last month it would be looking at accommodations in cities such as Los Angeles, Miami Beach, London and Montreal as part of its enforcement efforts. The company also banned large parties at apartment buildings and condos.
“This policy does not impact parties that are authorized by hosts and convened respectfully by guests,” the company said in a statement last month. “Instead, our goal with this new policy is to address the small number of guests who act irresponsibly and those rare hosts whose homes become persistent neighborhood nuisances.”
Airbnb’s efforts come on the heels of a deadly shooting that took place at a Halloween party at a home in Orinda, Calif., that was listed by the company. Five people were killed during the party, which had more than 100 attendees.
The Associated Press contributed to this report.


latimes--2020-01-06--Why Harvey Weinstein won't be charged in 3 sex assault claims made by L.A. women

Several woman had made allegations of sexual assault against Harvey Weinstein .
But Los Angeles County prosecutors on Monday ended up filing charges in the cases of just two of the women .
Prosecutors said they declined to file in three other cases brought to law enforcement because of the statute of limitations .
Three other cases remain under investigation .
One woman told the Los Angeles Police Department she was raped by Weinstein at a house in Hollywood in the late 1970s .
A second woman reported to Beverly Hills police that when she met with the producer in @ @ @ @ @ @ @ , he appeared in a bathrobe and exposed himself .
“ He held her hand and attempted to coax her into the bedroom , but she was able to evade him .
“ Once he released her arm , she fled the hotel suite and left that hotel , ” wrote Deputy Dist .
Atty .
Paul Thompson in declining the case .
A third woman identified as “ a dancer at an adult entertainment club ” accused Weinstein of misdemeanor battery in connection with a Christmas Eve 2015 incident , according to @ @ @ @ @ @ @ were too old to prosecute , he noted .
Legal experts have said the cases fall into two potential charging catagories : criminal sexual assault such as rape , and the lesser crime of lewd acts such as unwanted touching or masturbation .
Lewd act allegations have proved more challenging because the statute of limitations — the time period during which a crime can be prosecuted — in California is as little as one year .
Other sex crimes have much longer statutes of limitation .
For most cases of rape , it @ @ @ @ @

Harvey Weinstein arrives at federal court Jan. 6 in New York. The disgraced movie mogul faces allegations of rape and sexual assault. Jury selection begins this week.
Several woman had made allegations of sexual assault against Harvey Weinstein.
But Los Angeles County prosecutors on Monday ended up filing charges in the cases of just two of the women.
Prosecutors said they declined to file in three other cases brought to law enforcement because of the statute of limitations. Three other cases remain under investigation.
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One woman told the Los Angeles Police Department she was raped by Weinstein at a house in Hollywood in the late 1970s.
A second woman reported to Beverly Hills police that when she met with the producer in April 2011 at a Beverly Hills hotel, he appeared in a bathrobe and exposed himself.
“He held her hand and attempted to coax her into the bedroom, but she was able to evade him.
“Once he released her arm, she fled the hotel suite and left that hotel,” wrote Deputy Dist. Atty. Paul Thompson in declining the case.
A third woman identified as “a dancer at an adult entertainment club” accused Weinstein of misdemeanor battery in connection with a Christmas Eve 2015 incident, according to Thompson’s declination.
Those cases were too old to prosecute, he noted.
Legal experts have said the cases fall into two potential charging catagories: criminal sexual assault such as rape, and the lesser crime of lewd acts such as unwanted touching or masturbation.
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Lewd act allegations have proved more challenging because the statute of limitations — the time period during which a crime can be prosecuted — in California is as little as one year.
Other sex crimes have much longer statutes of limitation.
For most cases of rape, it’s 10 years.


latimes--2020-01-06--California vaping bill would ban all flavored tobacco sales in stores

Days after concerns over youth vaping led the Trump administration to announce a partial ban on many e-cigarette pods , California lawmakers on Monday introduced a much stronger measure to outlaw store sales of all flavored tobacco products in the state .
The proposal would go far beyond the federal government ’ s plan , announced Thursday , for a temporary ban on many candy- and fruit-flavored e-cigarette products that could be lifted if companies can convince the U.S. Food and Drug Administration that the pods are safe .
Senate Bill 793 would prohibit flavored products not covered by the @ @ @ @ @ @ @ refillable , tank-based vaping systems that can be filled with flavored chemicals .
It would also outlaw flavors for traditional combustible cigarettes and cigars , as well as for chewing tobacco and hookah pipes .
The measure does not apply to products available on the Internet , including those sold by out-of-state businesses .
It is supported by health and youth advocacy groups .
The legislation was announced by a bipartisan group including Democratic Lt. Gov .
Eleni Kounalakis and 30 lawmakers led by Sen. Jerry Hill ( D-San Mateo ) , who @ @ @ @ @ @ @ ” Other states are considering additional restrictions on flavored products , but California could become the second state to adopt a full ban should the bill become law .
Massachusetts will permanently prohibit flavored tobacco sales starting in June .
“ Flavored tobacco products are the gateway to nicotine addiction , ” Hill said in a statement .
“ The tastes and aromas of candy , fruit and other popular flavors insidiously entice children , teens and others into unhealthy and potentially life-threatening habits.
” The lawmakers cited a federal study that found @ @ @ @ @ @ @ students in 2019 reported having used e-cigarettes in a recent 30-day period , an increase from 3.6 million the year before .
The 2019 National Youth Tobacco Survey released by the Centers for Disease Control and Prevention and the Food and Drug Administration found nearly 1 million of the students reported daily use , and estimated that nearly two-thirds of high school students who use electronic cigarettes do so with menthol or mint flavors .
“ As a mother of two teenage sons , I ’ ve watched the explosion of teenage vaping @ @ @ @ @ @ @ as across the state , ” Kounalakis said .
“ Too many of our kids are already suffering addiction to tobacco products .
This flavor ban will help them break free , as well as prevent more young people from becoming addicted in the first place.
” In light of skyrocketing use , the restrictions announced by the Trump administration last week do not go far enough , said Jim Knox , managing director for the American Cancer Society , Cancer Action Network in California .
“ Anything less than ridding store shelves @ @ @ @ @ @ @ menthol , hookah , cigars , cigarillos and chewing tobacco , diminishes the health and safety of California kids who will find a way to access flavored tobacco anywhere retailers are able to sell these alluring products , ” Knox said Monday , accusing the Trump administration of abandoning a previous vow to ban more flavored vaping products .
The Vapor Technology Assn.
, which represents e-cigarette firms , opposes the new bill .
The head of the group said the companies agree the devices should be kept away from minors .
“ @ @ @ @ @ @ @ the wrong policy — bans don ’ t work , they never have , ” said Tony Abboud , executive director of the association .
“ A flavor ban will drive people back to combustible cigarettes , the leading cause of preventable death and disease in the U.S. , or lead to illegal sales with a new and larger black market.
” Juul Labs Inc. , which has a major share of the vaping market , has made a similar argument .
A blanket ban “ would impede California ’ s adult smokers @ @ @ @ @ @ @ been shown to help people permanently switch from cigarettes with unparalleled success , ” the San Francisco firm said in a letter to lawmakers last year .
After it was confronted with public backlash to youth vaping , Juul announced last year that it would stop selling some e-cigarette products , including mint flavor , and suspended all broadcast , print and digital product advertising in the U.S. A spokesman for Juul Labs declined to comment on the new legislation Monday , saying the company is still reviewing the bill ’ s language @ @ @ @ @ @ @ ban all flavored tobacco products faced opposition from industry groups and was scuttled last year after other lawmakers weakened it , drawing opposition from health groups .
Assemblyman Adam Gray ( D-Merced ) , chairman of the Assembly Governmental Organization Committee , later proposed a narrower bill that would allow flavored products to be sold at age-restricted vape and tobacco stores , and online with age-verification technology .
Gray also would have allowed e-cigarette products with menthol and mint flavors to be sold by some retailers , including liquor stores and gas stations @ @ @ @ @ @ @ from a vote last year to consider adding a new tax on vaping products to help pay for enforcement .
Some health groups have criticized Gray ‘ s proposal to allow flavored products in vaping shops , citing a recent study by the California Department of Public Health that found that 45 % of tobacco and e-cigarette stores sold vaping products to researchers posing as minors .
The new legislation was announced by a coalition of lawmakers that is nearly twice the size as the one behind last year ’ s similar bill @ @ @ @ @ @ @ Tehama , as well as leading Democrats including Assembly Speaker Pro Tempore Kevin Mullin of South San Francisco .
Still , the new legislation faces a challenging road at the Capitol , where the tobacco industry has held influence in the past .
Juul Labs spent $ 388,000 last year on campaign contributions in California , including $ 120,000 to the state Republican Party .
The bill is the latest in a series of actions by California officials who are wrestling not only with an increase in vaping by minors , but also @ @ @ @ @ @ @ Centers for Disease Control has reported 2,561 hospitalizations and 52 deaths nationally that are believed to be tied to vaping .
In response to the health crisis , Gov .
Gavin Newsom issued an executive order in September calling for state agencies to develop a plan for increased enforcement to reduce illegal vaping by underage users .
Newsom also directed state officials last fall to set aside $ 20 million for a vaping awareness campaign .
The governor declined to comment Monday on whether he would sign the new bill .
In November @ @ @ @ @ @ @ filed a lawsuit against Juul Labs alleging the vaping brand targeted young people through advertising and failed to give warnings about health risks posed by using e-cigarettes with nicotine .
State law bars the sale of vaping devices to people under 21 , but the state suit alleges electronic cigarette firms made products with nicotine that appealed to young smokers by marketing flavors such as mango , cool mint , crème brûlée and cucumber .

Days after concerns over youth vaping led the Trump administration to announce a partial ban on many e-cigarette pods, California lawmakers on Monday introduced a much stronger measure to outlaw store sales of all flavored tobacco products in the state.
The proposal would go far beyond the federal government’s plan, announced Thursday, for a temporary ban on many candy- and fruit-flavored e-cigarette products that could be lifted if companies can convince the U.S. Food and Drug Administration that the pods are safe. Senate Bill 793 would prohibit flavored products not covered by the federal ban, including menthol-flavored cartridges and refillable, tank-based vaping systems that can be filled with flavored chemicals. It would also outlaw flavors for traditional combustible cigarettes and cigars, as well as for chewing tobacco and hookah pipes.
The measure does not apply to products available on the Internet, including those sold by out-of-state businesses. It is supported by health and youth advocacy groups.
The legislation was announced by a bipartisan group including Democratic Lt. Gov. Eleni Kounalakis and 30 lawmakers led by Sen. Jerry Hill (D-San Mateo), who called flavored vaping products “death bait.” Other states are considering additional restrictions on flavored products, but California could become the second state to adopt a full ban should the bill become law. Massachusetts will permanently prohibit flavored tobacco sales starting in June.
“Flavored tobacco products are the gateway to nicotine addiction,” Hill said in a statement. “The tastes and aromas of candy, fruit and other popular flavors insidiously entice children, teens and others into unhealthy and potentially life-threatening habits.”
The lawmakers cited a federal study that found some 5 million middle and high school students in 2019 reported having used e-cigarettes in a recent 30-day period, an increase from 3.6 million the year before. The 2019 National Youth Tobacco Survey released by the Centers for Disease Control and Prevention and the Food and Drug Administration found nearly 1 million of the students reported daily use, and estimated that nearly two-thirds of high school students who use electronic cigarettes do so with menthol or mint flavors.
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“As a mother of two teenage sons, I’ve watched the explosion of teenage vaping in my own community, as well as across the state,” Kounalakis said. “Too many of our kids are already suffering addiction to tobacco products. This flavor ban will help them break free, as well as prevent more young people from becoming addicted in the first place.”
In light of skyrocketing use, the restrictions announced by the Trump administration last week do not go far enough, said Jim Knox, managing director for the American Cancer Society, Cancer Action Network in California.
“Anything less than ridding store shelves of all flavored tobacco products, including menthol, hookah, cigars, cigarillos and chewing tobacco, diminishes the health and safety of California kids who will find a way to access flavored tobacco anywhere retailers are able to sell these alluring products,” Knox said Monday, accusing the Trump administration of abandoning a previous vow to ban more flavored vaping products.
The Vapor Technology Assn., which represents e-cigarette firms, opposes the new bill. The head of the group said the companies agree the devices should be kept away from minors.
“We know a flavor ban is simply the wrong policy — bans don’t work, they never have,” said Tony Abboud, executive director of the association. “A flavor ban will drive people back to combustible cigarettes, the leading cause of preventable death and disease in the U.S., or lead to illegal sales with a new and larger black market.”
Juul Labs Inc., which has a major share of the vaping market, has made a similar argument.
A blanket ban “would impede California’s adult smokers from accessing flavored vapor products that have been shown to help people permanently switch from cigarettes with unparalleled success,” the San Francisco firm said in a letter to lawmakers last year.
After it was confronted with public backlash to youth vaping, Juul announced last year that it would stop selling some e-cigarette products, including mint flavor, and suspended all broadcast, print and digital product advertising in the U.S.
A spokesman for Juul Labs declined to comment on the new legislation Monday, saying the company is still reviewing the bill’s language.
A similar attempt by Hill to ban all flavored tobacco products faced opposition from industry groups and was scuttled last year after other lawmakers weakened it, drawing opposition from health groups.
Assemblyman Adam Gray (D-Merced), chairman of the Assembly Governmental Organization Committee, later proposed a narrower bill that would allow flavored products to be sold at age-restricted vape and tobacco stores, and online with age-verification technology.
Gray also would have allowed e-cigarette products with menthol and mint flavors to be sold by some retailers, including liquor stores and gas stations. The assemblyman held the measure back from a vote last year to consider adding a new tax on vaping products to help pay for enforcement.
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Some health groups have criticized Gray‘s proposal to allow flavored products in vaping shops, citing a recent study by the California Department of Public Health that found that 45% of tobacco and e-cigarette stores sold vaping products to researchers posing as minors.
The new legislation was announced by a coalition of lawmakers that is nearly twice the size as the one behind last year’s similar bill and includes Republican Sen. Jim Nielsen of Tehama, as well as leading Democrats including Assembly Speaker Pro Tempore Kevin Mullin of South San Francisco.
Still, the new legislation faces a challenging road at the Capitol, where the tobacco industry has held influence in the past. Juul Labs spent $388,000 last year on campaign contributions in California, including $120,000 to the state Republican Party.
The bill is the latest in a series of actions by California officials who are wrestling not only with an increase in vaping by minors, but also an outbreak of lung-related illness. The Centers for Disease Control has reported 2,561 hospitalizations and 52 deaths nationally that are believed to be tied to vaping.
In response to the health crisis, Gov. Gavin Newsom issued an executive order in September calling for state agencies to develop a plan for increased enforcement to reduce illegal vaping by underage users. Newsom also directed state officials last fall to set aside $20 million for a vaping awareness campaign. The governor declined to comment Monday on whether he would sign the new bill.
In November, California Atty. Gen. Xavier Becerra filed a lawsuit against Juul Labs alleging the vaping brand targeted young people through advertising and failed to give warnings about health risks posed by using e-cigarettes with nicotine.
State law bars the sale of vaping devices to people under 21, but the state suit alleges electronic cigarette firms made products with nicotine that appealed to young smokers by marketing flavors such as mango, cool mint, crème brûlée and cucumber.


latimes--2020-01-06--California sues Silicon Valley billionaire over Martins Beach public access

California officials on Monday sued a Silicon Valley billionaire who has fought for more than a decade to keep a popular beach to himself — a move to end one of the most intense and high-profile public access battles in the state .
Vinod Khosla ’ s attempts to control access at Martins Beach , a picturesque stretch of sand in San Mateo County , has become a cause célèbre for beachgoers across California and prompted a spate of lawsuits over the years by nonprofits and local groups that grabbed national headlines .
Now , the state is suing .
@ @ @ @ @ @ @ Commission contend that , without court orders , Khosla will “ continue to deny , impair and obstruct ” the public ’ s right to use Martins Beach .
The stakes are high and could set the stage for how other wealthy oceanfront owners across the state might fight to make a beach private .
“ This case goes to the heart of California ’ s public access mandate , ” said Steve Padilla , who chairs the Coastal Commission .
“ We can not allow this to be chipped away each time @ @ @ @ @ @ @ s a dangerous precedent for the future of public access in California.
” Dori Yob Kilmer , an attorney for Khosla , said in a statement that the state ’ s claims “ have been extensively litigated and repeatedly rejected by the courts in a prior lawsuit.
” “ Since the property was purchased by our client , the state , and small activist groups , have endeavored to seize our client ’ s private property without compensation , ” she said .
“ While such tactics are commonplace in communist systems , @ @ @ @ @ @ @ American system where the U.S. Constitution precludes the government from simply taking private property and giving it to the public.
” The lawsuit , filed in San Mateo County Superior Court by the state attorney general , comes at a time when top California officials are drilling down on some of the hardest — and longest-fought — battles for coastal access .
Since a landmark law proclaimed in 1976 that the beach is for everyone , coastal officials have chipped away at locked gates , private roads and communities that try to keep @ @ @ @ @ @ @ left are a handful of high-profile holdout cases against some of the state ’ s wealthiest and most powerful .
At Hollister Ranch in Santa Barbara County , where pristine beaches have been in dispute for decades , four state agencies joined forces last year to implement a long-delayed public access program .
Gov .
Gavin Newsom , in his first year leading the state , signed a law setting deadlines on when the public must be allowed in .
At Martins Beach , the fight appeared to quiet down in 2018 after @ @ @ @ @ @ @ s appeal on a lawsuit by the Surfrider Foundation that had zeroed in on whether he needed state permission to gate off the main road .
But two months ago , an appeals court in San Mateo County ruled in favor of Khosla on yet another case that had been kicked back and forth .
The legal argument here , filed by a local group called Friends of Martins Beach , centered on whether the former property owners had already granted public rights to use the beach , road and parking lot .
@ @ @ @ @ @ @ s attorney pointed to this ruling — the panel acknowledged the spirit of the state ’ s coastal access law , but also said the evidence failed to show that the former owners had dedicated this use to the public .
This legal argument by activist groups , she said , “ was twice rejected — by two different judges.
” State officials have been following these cases closely and are now taking a swing at Khosla .
The new lawsuit asks the court to consider unexamined evidence that shows that the beach @ @ @ @ @ @ @ , have been historically used by the public — citing a common law doctrine known as “ implied dedication.
” The Coastal Commission , officials said , spent several years collecting evidence from more than 225 people — including written accounts , photographs , personal journal entries and news articles that show public use as early as the 1800s .
“ Members of the public traveled from near and far to use Martin ’ s Beach .
...
They came to fish , swim , surf , picnic , camp , play and @ @ @ @ @ @ @ “ For as far back as can be historically documented , the public has used and treated the beach as a public beach , and the previous owners knew of that public use and did not interfere with such use.
” The battle over access at Martins Beach dates to 2008 , when Khosla , a co-founder of Sun Microsystems , bought the 89-acre property south of Half Moon Bay for $ 32.5 million .
The Deeney family , which sold the property , had for almost a century maintained a public bathroom @ @ @ @ @ @ @ general store .
There were swings , picnic tables , garbage cans and restrooms , coastal officials said .
Signs advertising Martins Beach to the public were posted over the years along Highway 1 and Highway 92 .
Surfers , fishermen and picnickers paid 25 cents .
The parking fee eventually rose to $ 10 .
Khosla , in legal filings , said he “ was willing to give the business a go , and continued to allow members of the public to access the property upon payment of a fee .
But @ @ @ @ @ @ @ problem the Deeneys had faced : The business was operating at a considerable loss , as the costs of keeping the beach , the parking lot and other facilities in operable and safe condition significantly exceeded the fees the business generated.
” So he shut the gate , hired security and posted “ do not enter ” signs .
A number of public-interest groups have since sued Khosla .
He , in turn , has sued the Coastal Commission , the state Lands Commission and San Mateo County , over what he considers @ @ @ @ @ @ @ an interview in 2018 with The Times , Khosla said he believed in the Coastal Act but that fighting this case had been a matter of principle for him .
“ My view is , absolutely we should increase coastal access when we can , ” he said , “ but we should also protect private property rights .
This is about principle .
Reasonableness is all I ask for.
” Since the Supreme Court declined to hear his case , the gate has been open during daylight hours .
An attendant operates @ @ @ @ @ @ @ down a winding ramp to a secluded crescent-shaped stretch of sand and bluffs .
Coastal officials say that ’ s not good enough .
The lawsuit asks for a public right of way to the beach and Martin ’ s Beach Road , the only practical pathway from Highway 1 .
It also asks the court to require Khosla to remove all existing gates and any signs on or near the road that might discourage the public from entering or using the beach .
“ Over multiple decades , Martin ’ s Beach @ @ @ @ @ @ @ provided coastal access to the public in a region that lacks other meaningful access points , ” the lawsuit says .
Khosla has , “ in different manners and to varying degrees , improperly and illegally restricted the public ’ s access.
” There is also an important difference , officials say , between charging for parking and charging for access to the beach itself .
In the past , beachgoers could be dropped off , and surfers would walk or bike in .
“ While some users paid a parking fee for @ @ @ @ @ @ @ “ many others parked without paying or parked offsite and accessed the subject property without paying a fee.
” The state has been preparing to support public uses of this beach .
An account was recently created to gather donations to appraise , acquire and maintain a public accessway at the beach .
The Lands Commission in the past has suggested a public route operated like a park — with daily dawn-to-dusk hours of operation , trash bins and portable toilets .
The fund so far totals a little over $ 1 million @ @ @ @ @ @ @ transfer from the commission .
Access advocates on Monday said they ’ ve long hoped for the state to take on this fight .
The Surfrider Foundation , in addition to winning their own lawsuit against Khosla , has been gathering stories from beachgoers that could be used by officials as supporting evidence .
The state must defend the public ’ s right to all beaches in California , said Jennifer Savage of Surfrider .
“ We want to ensure that all people , from the families who ’ ve visited Martins for @ @ @ @ @ @ @ are able to exercise their right to enjoy our treasured California coastline.
” Lt. Gov .
Eleni Kounalakis , who also chairs the California State Lands Commission , said “ this lawsuit is a critical part of California ’ s ongoing efforts to ensure public access and to protect the public ’ s rights to access its golden shores.
” “ California ’ s coastline , ” she said , “ belongs to everyone .
”

California officials on Monday sued a Silicon Valley billionaire who has fought for more than a decade to keep a popular beach to himself — a move to end one of the most intense and high-profile public access battles in the state.
Vinod Khosla’s attempts to control access at Martins Beach, a picturesque stretch of sand in San Mateo County, has become a cause célèbre for beachgoers across California and prompted a spate of lawsuits over the years by nonprofits and local groups that grabbed national headlines.
Now, the state is suing. The California State Lands Commission and Coastal Commission contend that, without court orders, Khosla will “continue to deny, impair and obstruct” the public’s right to use Martins Beach. The stakes are high and could set the stage for how other wealthy oceanfront owners across the state might fight to make a beach private.
Advertisement
“This case goes to the heart of California’s public access mandate,” said Steve Padilla, who chairs the Coastal Commission. “We cannot allow this to be chipped away each time someone purchases beachfront property — it’s a dangerous precedent for the future of public access in California.”
Dori Yob Kilmer, an attorney for Khosla, said in a statement that the state’s claims “have been extensively litigated and repeatedly rejected by the courts in a prior lawsuit.”
“Since the property was purchased by our client, the state, and small activist groups, have endeavored to seize our client’s private property without compensation,” she said. “While such tactics are commonplace in communist systems, they have never been tolerated in the American system where the U.S. Constitution precludes the government from simply taking private property and giving it to the public.”
The lawsuit, filed in San Mateo County Superior Court by the state attorney general, comes at a time when top California officials are drilling down on some of the hardest — and longest-fought — battles for coastal access.
Shark-fin rock is a landmark at Martins Beach. (Peter DaSilva / For The Times)
Since a landmark law proclaimed in 1976 that the beach is for everyone, coastal officials have chipped away at locked gates, private roads and communities that try to keep the public out. What’s left are a handful of high-profile holdout cases against some of the state’s wealthiest and most powerful.
Advertisement
At Hollister Ranch in Santa Barbara County, where pristine beaches have been in dispute for decades, four state agencies joined forces last year to implement a long-delayed public access program. Gov. Gavin Newsom, in his first year leading the state, signed a law setting deadlines on when the public must be allowed in.
California Newsom signs bill to open Hollister Ranch beaches to the public The law declares that the public must be allowed to enter Hollister Ranch by land and access some of its 8.5 miles of shoreline by April 2022.
At Martins Beach, the fight appeared to quiet down in 2018 after the U.S. Supreme Court rejected Khosla’s appeal on a lawsuit by the Surfrider Foundation that had zeroed in on whether he needed state permission to gate off the main road.
But two months ago, an appeals court in San Mateo County ruled in favor of Khosla on yet another case that had been kicked back and forth. The legal argument here, filed by a local group called Friends of Martins Beach, centered on whether the former property owners had already granted public rights to use the beach, road and parking lot.
In her statement Monday, Khosla’s attorney pointed to this ruling — the panel acknowledged the spirit of the state’s coastal access law, but also said the evidence failed to show that the former owners had dedicated this use to the public.
This legal argument by activist groups, she said, “was twice rejected — by two different judges.”
State officials have been following these cases closely and are now taking a swing at Khosla. The new lawsuit asks the court to consider unexamined evidence that shows that the beach, as well as the gated road, have been historically used by the public — citing a common law doctrine known as “implied dedication.”
The Coastal Commission, officials said, spent several years collecting evidence from more than 225 people — including written accounts, photographs, personal journal entries and news articles that show public use as early as the 1800s.
“Members of the public traveled from near and far to use Martin’s Beach. ... They came to fish, swim, surf, picnic, camp, play and celebrate,” the lawsuit says. “For as far back as can be historically documented, the public has used and treated the beach as a public beach, and the previous owners knew of that public use and did not interfere with such use.”
The battle over access at Martins Beach dates to 2008, when Khosla, a co-founder of Sun Microsystems, bought the 89-acre property south of Half Moon Bay for $32.5 million.
The Deeney family, which sold the property, had for almost a century maintained a public bathroom, a parking lot, even a general store. There were swings, picnic tables, garbage cans and restrooms, coastal officials said. Signs advertising Martins Beach to the public were posted over the years along Highway 1 and Highway 92.
Surfers, fishermen and picnickers paid 25 cents. The parking fee eventually rose to $10.
Khosla, in legal filings, said he “was willing to give the business a go, and continued to allow members of the public to access the property upon payment of a fee. But [he] soon faced the same problem the Deeneys had faced: The business was operating at a considerable loss, as the costs of keeping the beach, the parking lot and other facilities in operable and safe condition significantly exceeded the fees the business generated.”
So he shut the gate, hired security and posted “do not enter” signs.
A number of public-interest groups have since sued Khosla. He, in turn, has sued the Coastal Commission, the state Lands Commission and San Mateo County, over what he considers interference with his property rights.
In an interview in 2018 with The Times, Khosla said he believed in the Coastal Act but that fighting this case had been a matter of principle for him.
“My view is, absolutely we should increase coastal access when we can,” he said, “but we should also protect private property rights. This is about principle. Reasonableness is all I ask for.”
Former Rep. Paul N. “Pete” McCloskey — at Martins Beach in 2018 — supported the Surfrider Foundation, which sued over public access to the beach. (Peter DaSilva / For The Times)
Since the Supreme Court declined to hear his case, the gate has been open during daylight hours. An attendant operates a small parking lot, guiding visitors down a winding ramp to a secluded crescent-shaped stretch of sand and bluffs.
Coastal officials say that’s not good enough. The lawsuit asks for a public right of way to the beach and Martin’s Beach Road, the only practical pathway from Highway 1. It also asks the court to require Khosla to remove all existing gates and any signs on or near the road that might discourage the public from entering or using the beach.
“Over multiple decades, Martin’s Beach and Martin’s Beach Road have provided coastal access to the public in a region that lacks other meaningful access points,” the lawsuit says. Khosla has, “in different manners and to varying degrees, improperly and illegally restricted the public’s access.”
There is also an important difference, officials say, between charging for parking and charging for access to the beach itself. In the past, beachgoers could be dropped off, and surfers would walk or bike in.
“While some users paid a parking fee for convenience,” the lawsuit says, “many others parked without paying or parked offsite and accessed the subject property without paying a fee.”
The state has been preparing to support public uses of this beach. An account was recently created to gather donations to appraise, acquire and maintain a public accessway at the beach. The Lands Commission in the past has suggested a public route operated like a park — with daily dawn-to-dusk hours of operation, trash bins and portable toilets.
The fund so far totals a little over $1 million, supported by seven donations and a transfer from the commission.
Access advocates on Monday said they’ve long hoped for the state to take on this fight. The Surfrider Foundation, in addition to winning their own lawsuit against Khosla, has been gathering stories from beachgoers that could be used by officials as supporting evidence.
The state must defend the public’s right to all beaches in California, said Jennifer Savage of Surfrider. “We want to ensure that all people, from the families who’ve visited Martins for generations to new visitors from elsewhere, are able to exercise their right to enjoy our treasured California coastline.”
Lt. Gov. Eleni Kounalakis, who also chairs the California State Lands Commission, said “this lawsuit is a critical part of California’s ongoing efforts to ensure public access and to protect the public’s rights to access its golden shores.”
“California’s coastline,” she said, “belongs to everyone.”