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Court Rules Against City of Carson

The L.A. Superior Court ruled today that plaintiff Frank Lindsay may amend his initial complaint and declared moot a request by the City of Carson for a demurrer in the case.

In the initial complaint, Lindsay asked the Court to require the City of Carson to honor the terms of the settlement agreement reached between the parties in July 2014. The terms included a significant revision of the city’s presence restrictions in order to be consistent with current state law as well.

In the amended complaint, Lindsay will ask the City to pay monetary and punitive damages based upon the city’s breach of the settlement agreement as well as fraud. After the agreement was signed by the City Manager and the City Attorney, the City Council decided not to honor the terms of the settlement agreement during a public meeting in August 2014. The City Attorney later asserted that the City Manager lacked authority to bind the city despite a provision in the agreement which stated otherwise.

The plaintiff must file the amended complaint within 20 days.

Join the discussion

  1. David

    Good news! I hope the monetary & punitive damages sought will be enough to make Carson City Council say “Ouch!”

    • j

      Sadly enough, because their state of denial is so much part of their identity, they will use use a Runner-esque phrase describing how the court reversed the will of the people…

      Any standing body that would blatantly represent hate and use these divisive issue to prop up their campaigns and public image is such a poor representation of humanity in government; but they’re too dumb, too proud and too narcissistic to even see this.

      Lula’s claim to fame rides on the heels of her ill-willed mentors and she will still think she’ got some magic formula for political success. Why does the public have to be subject to such constitutional midgets and their follies? Chalk it up to freedom of speech, I suppose, but maybe on her own dime, not the taxpayers…

  2. j

    This is the best news I’ve heard in awhile. Thank you Janice and Frank for the guts to stand up to these bullies.

  3. WantsToHelp

    This is so kick ass. 🙂 Very much hope that the process eventually results in a kick to the balls. [metaphorically speaking].

  4. Anonymous Nobody

    So far,there are no damages awarded. Yes, I hope the demand for punitive damages is a horrendous amount, even if the court doesn’t award that much. Demand a truly insane amount – to warn all others. Frankly, that kind of harassment is not light weight, that kind of denial of constitutional liberty is not lightweight, and horrendous damages are in order accordingly.

    But I note, what happened here is not a big deal, it is simply procedural. What it amounts to is that Carson challenged the precise language in the filing, and on that basis called for the case to be dismissed. But, while the court the language issue, it felt it was minor and could simply be altered to precisely say what it meant.

    Its good the case was not dismissed and maybe have to be refiled. But its not a big deal. This is just routine litigation, you throw everything possible in the way of your adversary in an attempt to so bog them down and drag things out that they finally will cry uncle.

  5. curiouser

    I would like to note that while its not a “big” deal, it is a significant ruling in that the motion of demurrer was the only shot Carson has. In light of the precedent ruling, this is as done a deal as there is. Carson is in violation of state law, which means someone’s getting paid, and it ain’t Lula. The significance isn’t how much the award is, but the fact that Carson was so defiant, so hateful a few months back in its declaration of war on its own citizens. I haven’t done that little shindig since Lincoln was in office.
    I’d just like to take a second to thank Frank for all he does. He puts himself out there for the world to see, time and time again. That takes courage that comes from true conviction. I thank you, Sir.

    • David

      Fully agree: Frank is one courageous, don’t-tread-on-me, Constitution patriot!

    • Anonymous Nobody

      Yes, there is an appellate ruling that sets precedent. But there is no Supreme Court ruling on that, the high court merely chose not to review that case, left the appellate court decision untouched. Carson can still go up to the high court and challenge it. Carson too can make a different argument about the matter from the one in the appellate case, and even the trial court could side with them on that different argument.

      I don’t know all what this lawsuit is saying. But seems to me from what I have read, it is largely challenging the Carson City Council’s refusal to honor the settlement that had been negotiated. That is a very different thing than challenging the legality of the restrictions themselves. Still, while what I have read spoke about challenging on that basis, a suit can list multiple causes of action and so maybe has included challenging the legality of the restrictions as well.

  6. Clark

    Now are we all enjoined in this lawsuit or do we as individual request for financial consideration for violation ofcivil rights and libel/slander as enemy of state that war on sex offender was their agenda ..?…would Frank provide some steps to that request to that city…?…..is there a lawsuit on behalf of registered citizens onto orange county for their proclaimed “war”…?…..registered citizens didn’t sign up to be the enemy of state nor sign up to be at “war”…….that’s exactly what ‘war on sex offenders’ puts registered citizens to the public..the enemy of state ….that wrongful agenda has to cost millions a dollars …millions a dollars ..millions a dollars ..!!

  7. anonymously

    Thank you CA RSOL, Janice, Frank, Chance. The Carson City Council and rotating-Councilmember Mayor now have to pay for their sadistic and lowest common denominator legislation aimed to scapegoat registrants. Couldn’t be happier.

  8. CA Cool RC

    Correct me if I am wrong, are there 9 other RSO/ RC lawsuit pending against Carson?

    • Janice Bellucci

      There is only one other lawsuit pending against the City of Carson. It was filed in federal court in December 2014 by Nathan Kliewer who bravely agreed to serve as plaintiff in that case.

      • Michael

        And what is up with that one? Is it the same issue and when will it be heard or where are they at in the proceedings?

  9. Two states east

    Saw 4 comments thanking Frank and others. I gotta tell my Frank story. This guy operates out of LOVE first and foremost. For those of you who read his book it is evident. While I have his book, I saw it firsthand:

    2013, CA RSOL meeting in Fresno. Where’s Frank? OF COUSE; he’s outside puffing away on his gawdawful smokes. So there’s a half dozen of us out there too. THEN a couple comes drifting toward us. Then the two start arguing. Then they get LOUD and then the guy threatens HER….

    Frank INSTANTLY jumps right in; NO hesitation. Out of love and caring he spends TIME with the guy. Frank saw a situation and sized it up with NO skeptism or fear. Using a phrase I’ve read Janice using, Frank is the REAL DEAL.

    I’m not; I’m a STINKER: I watched the girl slowly drift off to the side. I took out a ten, and quietly gave it to her, and said “nice work”. As I walked away I’m not sure if I saw her smile or not…

    Frank, no hugs from me at the next meeting because I won’t be there; because I am “two states east”, around 800 miles away.

  10. Mark Judkins

    Yea for Janice and Frank! The City of Carson should have to pay copious amounts in this case. If it were any other class of citizen, this would be headline news as the City breached its agreement, committed fraud in doing so, and abridged the civil rights of a specific class of citizen. Where is the LA Times, the Daily Breeze. Their big news for today is the reporting of a Carson resident winning $50,000 on the Wheel of Fortune. Seriously? Their City Council is going to cost them at least that much, if not more.

  11. Michael

    First off; GOOD for our side.

    Second; Ok, well, the City Attorney signed the agreement too. Did he also lack the authority to bind the city to such and agreement? If so, why sign the agreement?

  12. Robert Curtis

    sometimes going against the river’s current and fighting up-stream is the only way. Some call it courage…for me it’s protecting my family. I was the guy that broke the ranks at the Carson city park and had a sandwich in the park while looking right at a deputy sheriff Sgt. I saved my son’s life twice because I was there to do so. When I look at these kind of laws placed against us what I see is my son looking up at me from the bottom of a swimming pool and I’m not their to save him! Violate me…I can take it, but violate my position as a parent by putting my child in harms way? This old soldier has a problem with that …expect a fight! Janice and the RSOL team have that same resolve. It’s not a popular one, but one that is right and just. Stand with us fellow citizens…as Janice has many times stated come join us and show up, stand up, and speak up. What Frank has also said, “We’re all in this together!” Come to our meetings and be encouraged!

    • j

      You are absolutely right. Like any parent, our responsibilities are the physical, emotional and spiritual well being of our children.

      These laws implicitly that away from our rights as parents and our children’s rights to have a family structure unimpeded by thoughtless and harmful laws.

      So many of the people pushing these laws are on the Family Values bandwagon but never admit the abuse and marginalization they are directing at our children through their attitudes and practices.

      Anyone harming my child implicitly or explicitly through hateful legislation is a child abuser by any measurement and needs to be accountable for their actions
      and brought up on ethics charges.

  13. anonymously

    Another alleged hypocrite on the issue of sex crimes, Albert Robles appears to no longer be the pointman on getting the football stadium built on a toxic waste dump, as Carson has handed off the ball to someone else. Carson thumbed their nose at the California Supreme Court when the Court let stand the lower 4th district court decision on residency restrictions. If they refuse to pay the monetary award or if they keep refusing to amend their laws on registrants, is there anything that can be done to remove the City Councilmembers and Mayor and possible jail time, or is it just more court cases that the Carson City Council can ignore the verdicts on?

    • j

      As in the case of Robles who is now under scrutiny and has apparently been sidelined – most ironically for an alleged registrable offense! – fate may be looking at other prominent Carson figures to be slated for removal or reassignment to help the constitutionally malnourished hamlet steer clear of other punitive fallout from violating the constitutional rights of registrants.

      Should Robles subsequently be convicted of a registrable offense, it will be proof of exactly how effective the registry is (or isn’t).

      We’ve known for quite some time that a thorough realignment of their leadership is long overdue since their draconian, predatory and regressive policies have not yielded to research, truth, legislative integrity, and common sense when it comes to their desire to harass and punish registrants in the most nefarious of ways.

      Let’s hope that they do a clean sweep and restore integrity to their leadership and allow everyone to move beyond this quagmire earmarked by shameful disregard for the basic human rights of registrants and their children and families. Who knows, Robles might even benefit somehow down the road should they be looking to ban him from the library and other places his children may gather. Are we finally starting to get the point?!

  14. mch

    Make it hurt, sue Carson until they bleed and hemorrhage dollars!

  15. mike r

    I hope they have to pay more then one dollar like that other jury granted to a rso. I don’t recall where that was but if these people want to blatantly violate constitutional rights they should be held accountable to the fullest extent.

  16. SC

    Any news on the two Carson cases, Lindsay and Kliewer? What are the courts and case numbers?

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