Tenants protest, anti-profiling order upheld, jury acquits of drive-by
Good morning,
It is August 3. As a reminder, all articles published two weeks ago, July 20, are now free to read without a subscription. Read that edition, which covers ICLS turning 67, the affirmation of arsonist Raymond Lee Oyler's death sentence upheld and a public defender protection bill, here.
Ninth Circuit upholds injunction against ICE, Border Patrol, in IE
The government argued that “some combination of the enumerated factors (race, language, setting and job) will at least sometimes support reasonable suspicion for a stop.”
The defendants did not offer any analysis, legal authority or examples in support of that theory, and the Ninth Circuit was as a result not required to consider it, the ruling said.
Tenant union rallies for protection of rental rights
Forty protestors gathered outside the San Bernardino office of Hightower Management on July 26 to advocate for tenant rights and code enforcement. The protest’s chief target was renter Mike Nijjar.
The California Department of Justice filed a suit June 12 against Hightower Management and 155 other people or businesses who are part of the Nijjar family’s rental empire. The DOJ named 3,243 residential properties, or 9,930 individual units, as being owned by the family in the Inland Empire, and 22,000 units across California. (The protest was planned before the lawsuit was filed.)
Beaumont man acquitted of Dec. 28 drive-by shooting
Peter Lozolla Jr. testified July 28 that it was his roommate, Michael Medina, that fired the shots at Fernando Garcia on the corner of Beaumont’s 8th Street and Orange Avenue on Dec. 28. Garcia survived, but lost a testicle from the shooting.
Probate attorney Sam Price launches podcast, MCLE classes, blog
Sam Price is making a comprehensive effort to educate Californians on probate. He has launched a podcast, Probate Notes. He has launched a blog on Probate Docs, which includes a monthly newsletter. Starting Aug. 12, he will be running a six-part mandatory continuing legal education lunch series. In October, he will be hosting a probate education bootcamp.
9th Circuit affirms injunction against Google in Fortnite monopoly case
Google has lost its appeal of a market-correcting injunction won by the maker of Fortnite. The July 31 Ninth Circuit ruling upholds a jury verdict that Google violated antitrust law, and an injunction that requires Google to unwind its monopolization of Android app distribution.
A jury had found that Google violated California antitrust law by rewarding developers who place their games on the Google Play Store, discouraging downloads from third-party pay stores, and taking a 30% cut from Google Play Store purchases.
Former San Bernardino Superior Judge John Pacheco on ABOTA’s upcoming case reenactment
Little Mary Ellen Crawford became the plaintiff in the 1976 case of Crawford v Board of Education of the City of Los Angeles. The Supreme Court found that the City of Los Angeles had failed miserably in desegregating its schools after 22 years.
The late Superior Court Judge Paul Egly was assigned this almost impossible task because a couple of years before Crawford he had assisted the desegregation of San Bernardino city schools.
California files suit to restore Planned Parenthood funding
The Trump administration exceeded its authority and violated constitutional protections in attempting to defund Planned Parenthood, according to a lawsuit filed today by California Attorney General Rob Bonta along with 22 other states and the District of Columbia.
The suit, filed in the U.S. District Court in Massachusetts against the U.S. Department of Health and Human Services, is Bonta’s 36th lawsuit against the Trump administration.
Trump wants sensitive data about food stamp recipients. California is suing to block him
California, 18 other Democrat-led states and Washington, D.C. are suing the Trump administration to halt the U.S. Department of Agriculture from collecting sensitive information about people who receive federal food vouchers, known as SNAP. The Trump administration told states to provide the data by July 30 or risk losing federal funding to administer the program. California receives $1.3 billion annually to distribute about $12 billion a year to 5 million residents who rely on the food vouchers, called CalFresh in California. About 13% of the state’s population receives the aid.
California affordable housing programs are on the chopping block after Supreme Court ruling
The implications of the lawsuit range far beyond the Bay Area. A 2017 report estimated that 149 cities and counties across California have some form of inclusionary zoning rule, though the specific terms vary. That makes it one of the most commonly used affordable housing programs both in California and in the country.
SBCBA at the bowl
I attended the San Bernardino County Bar Association's July 29 event at the Redlands Bowl, one of their monthly events this year to celebrate their 150th Anniversary. Their next event will be a tour of the San Bernardino County Museum on Aug. 14. Tickets are $35 per person.
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