the current

Month: August 2019

  • The Local Malibu Exposes Judicial Misconduct and Potential Corruption in Woolsey Fire Litigation

    The Local Malibu Exposes Judicial Misconduct and Potential Corruption in Woolsey Fire Litigation

    by Erik Cooper

    When Los Angeles County Superior Court Judge William F. Highberger disqualified law firm Quinn Emanuel Urquhart & Sullivan, LLP from representation of any victims of the Woolsey Fire, The Local Malibu asked why Quinn Emanuel’s affiliated partner, Engstrom Lipscomb & Lack, were not equally disqualified after drinking from the same poisoned well.

    The well was the affiliation of Quinn Emanuel with Engstrom Lipscomb & Lack, a professional association of the two law firms which developed after the Woolsey Fire devastated much of Malibu last November.  Dozens of lawyers and their firms raced to gather as many Woolsey Fire victims as possible.  Their goal? Strength in numbers.  The more clients a law firm represents in the disaster, the more likely the law firm will be appointed by the court to the coveted position of  lead counsel in the inevitable mass civil action those victims would ultimately pursue in court. And appointment as lead counsel equals a percentage of not just the firm’s own clients, but also a percentage of all plaintiff’s proceeds received in the mass action for services provided as lead counsel.  Lead counsel equals big money.

    The poison was the “material confidential information” SoCal Ed alleged it shared with Quinn Emanuel during a December 2017 meeting in which Quinn Emanuel was vying to be appointed as SoCal Ed’s defense counsel for lawsuits the company faced from the 2017 Thomas Fire.

    Since most relationships are based upon honesty and trust, one could perceive that Quinn Emanuel would have shared the material confidential information it learned in those meetings with SoCal Ed (the poison) with its Woolsey Fire partner, Engstrom, Lipscomb & Lack.  Both law firms played together in the same well.

    We may never know. Judge Highberger apparently did not consider the potential relationship between Engstrom and Quinn Emanuel, and never conducted any evidentiary hearing to ascertain if, like Quinn Emanuel, Engstrom had also been poisoned, whether by actual evidence or the appearance of such evidence of access to that material confidential information, a relevant disqualifier.

    To the dismay of certain advocates, including a Facebook Group and its moderators who hosted a dog-and-pony show of specially-invited lawyers and their law firms to vie for their member’s business in exchange for a substantially reduced attorney’s fee, on June 20th, The Local Malibu attempted to explore the disqualifications of Engstrom, Lipscomb & Lack by submitting questions to the court for our readers.

    In response, Mary Eckhardt Hearn, public information officer for the Los Angeles County Superior Court, fenced our questions by citing Canon 3(B)(9) of the Code of Judicial Ethics, citing, “A judge shall not make any public comment about a pending or impending proceeding in any court, and shall not make any nonpublic comment that might substantially interfere [emphasis added] with a fair trial or hearing.”

    It appears the only substantial interference is the Court’s own efforts to avoid rebuke and dodge the obvious:  How can Engstrom, Lipscomb & Lack be permitted to represent Woolsey Fire plaintiffs when the court disqualified its partner, Quinn Emanuel Urquhart & Sullivan?  Both firms played in the same well, but only one was poisoned by exposure from SoCal Ed to material confidential information?

    Nonsense.

    Shortly after the court coordinated all Woolsey Fire cases into one oversight case — assigned case number JCCP 5000 — Judge Highberger authorized use of a private, exclusive, and proprietary internet platform — CaseAnywhere.com — “to facilitated electronic serving of litigation documents, calendaring of events and communication.” “Communication,” indeed.

    When The Local Malibu contacted the court for its comment on the poisoned well issue, the court used CaseAnywhere and sent its own message to all attorneys in the Woolsey Fire Litigation case.  That is, a private message.  Not a notice sent to counsel for all parties and filed with the clerk of court in the public record.  Not a comment made by Judge Highberger in open court and recorded by a court reporter.  Not a morsel of a recordable document accessible by the media.  Only a private message accessible by attorneys granted special access to CaseAnywhere.

    Judge Highberger’s private message was kept secret for well over two months, likely by your own attorney if you are a Woolsey Fire plaintiff.

    Only after The Local Malibu demanded disclosure of Judge Highberger’s private message did the message itself surface.  Only after The Local Malibu demanded the court file the private message in the public record with the clerk of court did the court do so — on August 22nd— more than two months after Judge Highberger sent his private message to the lawyers, not to you, and not to us.

    Judge Highberger’s private message suggested The Local Malibu’s efforts to research our story demanding transparency of the court and the legal process constituted “ex parte contact.”  The Local Malibu and its writers are not parties to the Woolsey Fire Litigation case, and if the court were truly transparent, our questions for the court should have been filed in the public record for disclosure not just to the attorneys who subscribe to CaseAnywhere, but to the plaintiffs, to the public, and to the media.

    According to Hearn, “Although a copy of the communication in question was provided to The Local Malibu upon request, it appears the document had not been placed in the court file.”  Surprise!  Hearn continued, “That has been corrected [as The Local Malibu demanded], and staff have been reminded of their obligations in this regard.” Caught.

    Judge Highberger’s oversight of filing his private message with the clerk of court was no error.  It appears the court and lawyers in the Woolsey Fire Litigation have been using CaseAnywhere to communicate privately for quite some time now, since the court approved its use, and continue to use the private CaseAnywhere message board as its communication platform today.

    The Local Malibu has requested all communications either sent or received by the court and all attorneys on the proprietary CaseAnywhere platform. We anticipate sharing with our readers more private messages communicated between the lawyers and the court, but not Woolsey Fire victims themselves, whose best interests remain compromised today.

    In the interim, The Local Malibu intends to report our concerns for judicial misconduct and, quite possibly, for corruption involving Judge Highberger to the State of California Commission on Judicial Performance.  We will cover the Commission’s response to our concerns in our future reporting.

    It seems Woolsey Fire victims face new challenges, caught in the cogs of those wheels of justice.  The court, in all of its actions, must always convey an open, honest, and transparent relationship with the parties, and with the public, for our justice system to work properly as intended.  Otherwise, misconduct, like Judge Highberger’s choice of communication platforms and his omission of disclosure of those private communications with others, creates the appearance of impropriety and secrecy, of backroom deals at the expense of victims, while the wheels of justice continue to crush the Rules of Civil Procedure governing the court’s conduct on the rails ahead.

    Haven’t Woolsey Fire victims already been victimized enough?

    Continue to follow our FireWire coverage of up to the minute news and information to help Woolsey Fire victims recover from this tragic event.

    For more FireWire stories and information, click here.

  • Lost Hills Sheriff’s Department Doubles Down on Protective Measures Including “Unseen Threat Deterrent Assets”

    Lost Hills Sheriff’s Department Doubles Down on Protective Measures Including “Unseen Threat Deterrent Assets”

    The devastating active shooter events that have occurred in three states, including California in the last week, have required local law enforcement to kick into high gear preparing for a potential active shooter scenario locally.

    As we moved towards the Labor Day holiday weekend and the Malibu Chili Cook-Off, Malibu can anticipate tens of thousands of visitors which the event attracts year after year.

    Acting Captain Chuck Becerra detailed the preparations and proactive measures the Lost Hills Sheriff’s Department is taking for events scheduled in the area going forward along with a message to the community meant to promote a sense of safety for residents, visitors and also his own daughters who will be attending the Malibu Chili Cook-Off:

    “In light of the extraordinary violent activity this nation has experienced in the past 10 days at Gilroy, El Paso, and Dayton, I have ordered the review of all the scheduled events within our communities in which Malibu/Lost Hills Sheriff station has an active security roll.  Additionally, I have ordered the supervisors of this station to double the man power all at the events, to include the upcoming Malibu Chili Cook-off.   

    Along with an increased uniformed presence at the Malibu Chili Cook-Off, we will have additional threat deterrent assets which will remain present, but unseen.  I want the community to feel safe, but I don’t want them to feel we have created an occupying force. My daughters will be attending the festivities on both days and I want the members of the community to feel as confident as I am about attending these types of events.”

    At the Gilroy Garlic festival on July 28th, 3 young people were killed and over a dozen injured at the festival which attracts nearly 100,000 visitors each year. Just days later, the El Paso Walmart shooting on August 3rd left 22 dead and more than two dozen injured followed by the Dayton shooting that left 9 dead and 27 injured. The Dayton shooting came less than 15 hours after the El Paso shooting.  In all three shootings the gunmen used assault style rifles.

  • The Matthew Weaver Jr Disappearance One Year Later: New Information… Now Will LAPD to Take the Lead?

    The Matthew Weaver Jr Disappearance One Year Later: New Information… Now Will LAPD to Take the Lead?

    Almost one year ago, on August 11th, 2018, The Local Malibu posted reports on our social media platforms information regarding a “lost hiker”. That lost hiker quickly turned out to be Matthew Weaver Jr., 21, of Simi Valley, who disappeared near Topanga Lookout, and the circumstances surrounding Weaver’s disappearance had nothing to do with hiking.

    Weaver was reported missing in the early morning morning hours last August 10th-11th, and during the course of the last year, The Local Malibu has uncovered information that Weaver knew he would be confronted with potentially dangerous criminal activity that fateful night, which ultimately lead to his disappearance, and also possibly, his demise.

    The summer of 2018 was a stressful time for local residents. Ongoing reports of shots fired in the canyon after the murder of Tristan Beaudette at Malibu Creek State Park on June 22, 2018 had the community on edge.

    The police activity at the corner of Stunt and Schueren Road on the morning of August 11th raised red flags prompting a resident to reach out to our publication notifying us of law enforcement presence in the area.

    In the previous months, The Local Malibu became well known for exposing the law enforcement cover-up of shooting incidents at Malibu Creek State Park dating back to 2016. Authorities failed to warn the public of the shootings leading up to the murder of Tristan Beaudette who was killed in his tent at 4:44 a.m. as he lay next to his two young daughters.

    The night of the Beaudette murder, The Local Malibu announced on our Facebook page that there was a potential sniper on the loose in the area. A resident sent a message to our inbox notifying us that a Tesla was shot at in the hood 4 days before the murder, at approximately the same time, just outside Malibu Creek State Park on Las Virgenes/Malibu Canyon Road. Almost immediately after the warning was posted, victims came onto the thread telling they’re harrowing stories of being shot at while staying at the campground. The thread went viral, and global media exposure followed. In the days, weeks, even months after the murder, as more reports of shots fired were posted by The Local Malibu, more media outlets started following our stories on the shootings.

    With a recent murder and ongoing reports of shots fired in the area, it was surprising that when Matthew Weaver Jr. first went missing, local news stations ignored the family’s pleas for coverage of his disappearance. The family was also extremely frustrated as authorities brushed off Matthew’s disappearance from the beginning as a potential “suicide” given the recent dangerous activity in the canyon. This was especially troubling with a potential sniper on the loose. These events led to Matthew Weaver Sr. to reach out to The Local Malibu hoping to get exposure for the story, and potentially receive additional help to find his son.

    Knowledge of the area led our publication to connecting Weaver’s disappearance to the shootings occurring in the area possibly, as well as two other mysterious disappearances that occurred in the canyon over the last 10 years.

    Mitrice Richardson went missing in 2009 after being released at 12 midnight from the Lost Hills Sheriff’s Department under very suspicious circumstances. Her body was found 11 months later in the same canyon. The Richardson case cast an ominous dark cloud over the Lost Hills Sheriff’s Department and their handling of her arrest and subsequent release. The case has been so controversial it prompted the newly elected Sheriff of L.A. County, Alex Villanueva,  to announce he will be re-opening the case.

    Elaine Park disappeared in 2017 and although her car was found on PCH near Corral Canyon Rd., she was last reported seen in the same canyon where Matthew and Mitrice disappeared. Park has not been found.

    Once The Local Malibu made connections to the other high profile disappearances in our first article, Matthew’s Weaver Jr’s case suddenly become a more “viable” news story and was quickly picked up by local and national media outlets.

    The new series of articles The Local Malibu is releasing regarding the Weaver case will provide updates regarding Matthew’s disappearance, and will release important information the public should be aware of when interacting  with law enforcement when a friend or family member becomes a missing person.

    The articles will also explain the influence independent investigative journalism can have obtaining the exposure necessary to motivate action in a missing persons (or possibly even homicide) case, as well to enlist the public’s help in gathering and distributing information.

    Nearly twelve months after Matthew Jr. went missing, over 2000 tips have been submitted, and information currently being sifted through. Articles of blood stained clothing, a baseball hat, and a car key belonging to Matthew are currently awaiting DNA testing.

    Unfortunately, to date, the case has seen little cooperation from LAPD in spite of information strongly indicating foul play may be involved. As the investigation continues, we hope to see more law enforcement involvement and progress in the case. And with the help of the community, we hope to get closer to solving the mystery of the disappearance of Matthew Weaver Jr.

    I / Game Over

    Over the past year, The Local Malibu has stayed in close contact with Weaver’s family. We spoke to Matthew Sr. recently about the last interaction he had with his son before he went missing that fateful night of August 10th-11th, 2018:

    “He went to work to pick up his paycheck. Then he came into my fifth wheel and I had my gun on the kitchen table. He asked to see it. I said ok. I disarmed it. Opened the chamber and left it open. He wanted to take a pic of it in his hand but I never asked him why. We talked for a little while longer. He said he had to go that he was going to go hang out with the girl he showed me a pic of a few days before. And by this time it was early next morning 12 a.m.ish (August 10th). I walked him up to his car gave him a hug told him that I loved him and to be safe. Don’t be driving fucked up I told him. That was August 9th to the early morning of the 10th.” said Weaver Sr.

    “The last night I ever saw him again he wanted a pic of my gun in his hand. He either was trying to prove something to somebody that he had a gun to protect himself, or show others he was in a scared of them maybe he was being threatened. A friend of Matthew’s told me he also asked him for a gun. He also asked me that night, the last night I saw him, for my gun or for me to buy him one.”

    The interaction Matthew Weaver Sr.had with his son indicated that Matthew was anticipating potential dangerous circumstances the night he disappeared. Close friends have indicated Matthew was very well aware of the dirty dealings of the people he was going to meet that fateful night, which led him to seek possession of a weapon.

    Friends also indicated that there were definitive connections to gang activity and drugs involved in Matthew’s disappearance.

    Last year, not one but two bodies of executed gang members were discovered in the area.

    Reynaldo Cruz, 52, was found dead in May, in his underwear, by a resident in a ditch behind the Hindu Temple on Las Virgenes Road. The cause of death, apparently by various signs of torture, reported to have the distinct markings of an MS 13 execution style gang hit.

    The decomposed body of Roger Chavez Barahona, a 19 year old latino male, was found near Fire Camp 8 on July 19. Coroner reports state that Barahona died as a result of gunshot wounds, not related to Malibu Canyon shootings, however, does appear to be gang affiliated.

    Here is the timeline from the night of his disappearance provided by law enforcement:

    8/9/18​

    6-8 PM ​Matthew is believed to have visited place of employment in Sunland-Tujunga area and paid $400 by his employer.
    8 PM ​​Matthew is believed to have visited his father, Matt Sr. in Simi Valley.
    9:28 PM ​Matthew is believed to have picked up a friend at her home in Chatsworth.

    8/10/18

    5:00 AM ​Matthew is believed to have dropped his friend off at her house in Chatsworth.
    5:15 AM ​Matthew’s car on Mulholland Hwy
    5:35 AM ​Matthew’s car turns onto Stunt Rd
    5:45-6:24 AM ​Matthew’s car drives around Saddle Peak Rd & Schueren Rd.
    6:24-6:57 AM ​Picture posted on Matthew’s Snapchat from the Stunt Rd & Saddle Peak Rd parking lot.
    7:13 AM ​Matthew’s car on Topanga Tower Motorway, dirt road typically closed to public traffic.
    7:15 AM ​Security camera captures his vehicle driving on the Topanga Tower Motorway toward Rosas Overlook.
    7:28 AM  ​Matthew’s car reaches the end of the trail at the area of Rosas Overlook
    11:48 AM ​Last known outgoing call (unanswered) and text message sent from Matthew’s phone, from the area of Rosas Overlook.

    The last text Matthew Weaver sent appeared to have the suggestion that he was about to be in a dangerous situation.

    8/11/18

    1:00 AM ​An individual in the area of Rosas Overlook hears a cry for help and calls 911 at approximately 1 a.m.  Subsequent response from CHP and LA County Fire Dept. locates Matthew’s vehicle in the area of Rosas Overlook above the Backbone Trail and Hondo Canyon areas.  A search of the area ensues by CHP, LA County Fire, and LA County Search and Rescue.

    *Additional notes from our original article published: 

    Shortly after 12 midnight August 11th, a witness called 911 after hearing a cry for help – screams near Stunt and Shueren Road where Matthew Jr.’s grey BMW was found.

    First responders arrived shortly after at approximately 2 a.m., and at least two of them, a member of the CHP and of the Fire Department, also heard screams/cry for help.

    The Lost Hills Sheriff Department and Malibu Search and Rescue responded to the scene with air and canine support, as well as infrared technology. Search and Rescue including Air Rescue 5 searched Backbone Trail twice immediately upon learning of Weaver’s disappearance.

    According to Matthew Weaver Sr., canines did pick up a scent but lost it before they reached the road. Scent dogs and cadaver dogs have been used in the searches, the cadaver dogs specifically were used on the Monday following Weaver’s disappearance.

    The hike to Topanga Lookout, past the locked white gate that Matthew’s car drove past was thick with negative energy – even in broad daylight. Creepy characters loitering about has completely changed this once serene environment frequented by hiking enthusiasts. It is most certainly a “hike at your own risk” scenario.

    The area is known for the shady activity that now takes place at all hours of the day and night. The last known text Weaver sent out at 11:53 a.m. indicated a dangerous scenario was taking place at that moment, during the daytime hours of August 10th.

    Less than 24 hours later, Malibu Search and Rescue was actively searching for Weaver and the mystery of his disappearance has gone unsolved to this day.

    The story continues in the next installment of this series. – Cece Woods, Editor in Chief

    *PLEASE NOTE: Unlawful duplication, republishing and distribution of any material on this website is prohibited. Failure to abide by of Terms of Service will be subject to legal action.
  • Post Borderline, Gilroy, and Pre Malibu Chili Cook Off: Malibu Lost Hills Sheriff’s Department Prepares Deputies For Active Shooter Scenarios

    Post Borderline, Gilroy, and Pre Malibu Chili Cook Off: Malibu Lost Hills Sheriff’s Department Prepares Deputies For Active Shooter Scenarios

    The Lost Hills Sheriff’s Department engaged in Active Shooter drills just two days after the devastating Gilroy Garlic Festival shooting that took the lives of 3 young people killed and 12 injured.

    According to the L.A. Times, authorities said the shooter, Santino Legan, bought the semiautomatic rifle used in the shooting legally in Nevada on July 9, less than three weeks before the shooting. The weapon, similar to a military-style AK-47, with its standard clip and stocks, is considered an assault rifle that is banned under California law.  It’s unclear if the shooter targeted specific people.

    The Nevada gun shop, Big Mikes Guns and Ammo, that sold the rile used in the shooting, said in a Facebook post Monday that the buyer ordered the gun online.

    Three of the attendees who survived the shooting at the Gilroy Garlic Festival were also survivors of the 2017 Las Vegas Route 91 music festival that left 58 dead.

    Just two days before the Woolsey Fire on November 7th, 2018, was the Borderline Bar shooting that left 13 people dead and at least a dozen injured. Among the dead was Alaina Housley, a Pepperdine student, and Ron Helus, 54, a Sergeant from the Ventura County Sheriff’s Department.

    Three people who were at the Borderline shooting survived the Vegas shooting the year before.

    Active Shooter scenarios are becoming more of a very real potential daily threat when shopping at local malls, department stores, concerts, event arenas and fairgrounds as the victims of the incidents mentioned above have learned surviving multiple active shooter events in short periods of time.

    Lost Hills Sheriff’s Department Acting Captain Chuck Becerra and Malibu Public Safety Liaison Jennifer Seetoo are part of the proactive team producing public safety training such as Active Shooter Response and First Responder medical training to handle casualties, both themselves and others.

    Lt. Seetoo is actively involved in having all deputies at the station trained in tactical response first aid. The goal is to have Lost Hills deputies trained within the year.

    Tactical first aid training trains the first responder police officers to render aid to both citizens and or other emergency personnel who may have been shot during an event such as the Gilmore Garlic festival or should an event like that occur at the Malibu Chili Cook-off coming up on Labor Day Weekend. With limited supplies, deputies are able to apply medical aid to bullet wounds to try to quickly triage and save lives.

    The new uniforms recently approved and announced by Sheriff Alex Villanueva have outside pockets on the uniform pants allowing deputies to carry limited medical supplies.

    Lost Hills Sheriff’s Department received a grant to pay for small medical packages that the deputies can carry on duty. You will note that most deputies are now carrying a small case on their waist along with their gun that has a medical cross on it. While the kit can vary, it normally contains things like blood clotting gauze tourniquet, patches for sucking wounds.

    Active shooter scenarios have resulted in event spaces and fairgrounds requiring security searches to check for weapons. Unfortunately, Santino cut through the fence to enter the Garlic Festival bypassing security measures already in place.

    Lost Hills Acting Captain Becerra had this to say regarding the recent drills performed by the Lost Hills station in light of the potential for a catastrophic event in Malibu and with the Malibu Chili Cook-off over Labor Day Weekend which attracts tens of thousands of visitors to Malibu each year:

    “In an effort to keep this community as prepared as possible for the next potential threat, Malibu/Lost Hills station has begun a series of training exercises to keep the first responders up to date and ready.  To this end, July 3oth marked the first “Active Shooter” training exercise in which the majority of the station personnel, school security personnel (at Calabasas High School), and various other partners, took part in an all-day active shooter training exercise.

    LASD personnel were put into teams, given a high threat scenario, and sent into the school to train.  It was a huge success.  Personnel on all levels were able to access their strengths and weakness and adjust accordingly.  This training will occur randomly and quarterly.  The scenarios and venues will change to keep the training exercises diverse and relevant.

    It is the goal of this station that every member of the station is ready to address anything they face.”