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NOVEMBER 6, 2017
Who: Apartment Owners Association of California & Business Owners
What: Injunction against LA Commercial Trash Franchise Court Hearing.
Where: LA Superior Court Dept 307, 600 Commonwealth, Los Angeles, CA
When: November 7, 2017 1:30PM
Contact: David Hernandez 818 448-3403
As Commercial Business Owners, Housing Providers and Non-Profits suffer from a mismanaged and unfair roll out of the new Los Angeles Exclusive Trash Franchise, the Injunction to halt the process will be heard.
Failure to pick up customers trash for weeks on end is becoming the norm as we enter the fourth month of the roll out.
Price increases as high as 100% to 600 % are also becoming the norm.
The case will be heard in Department 307 by Judge Maren E. Nelson. Attorney Carolin Shinning representing the Apartment Owners Association of California will argue for returning all fees back to the January 1, 2017 rate as well as other issues to bring the Ordinance in compliance with California Proposition 218.
Following the hearing, a press conference will be held outside the court house to provide a briefing on the case, the judge’s decision and the course of actions to be taken going forward.
As thousands of Housing Providers and Business Owners become aware of the new ordinance, frustration and anger mounts throughout the City of Los Angeles.
A Ballot Initiative Petition to Repeal and Replace the Exclusive Ordinance with a Non-exclusive Initiative has been certified for circulation by the Los Angeles City Clerk, but is being held pending the outcome of the litigation.
David Hernandez a community advocate from the San Fernando Valley, who has been leading the fight against the Los Angeles Commercial Trash Franchise for two years, states, the battle will continue against the closed monopolized system either in the courts or at the ballot box. We will not stop until we succeed in bringing freedom of choice back to the commercial trash customers in the City of Los Angeles.
Who: Community Leaders, Business Owners & Housing Providers
What: Petition Drive to Repeal LA Exclusive Trash Franchise
When: Thursday, January 18, 2018 10:00AM
Where: Los Angeles City Hall (West side) 200 No. Spring St. LA CA 90012
Contact: David Hernandez 818 448-3403, firstname.lastname@example.org
Los Angeles Commercial Trash Customers are flooding the Mayor, City Council Members, LA Department of Sanitation and the selected Trash Haulers with thousands of complaints about the failed roll out and skyrocketing rate increases associated with the new exclusive commercial trash program.
While the legal challenge is still making its way through the courts, the request for an Injunction was denied.
As a result, the proponents of the Initiative Measure to repeal the exclusive franchise and replace it with a non-exclusive franchise are moving forward with the signature gathering process.
The Press Conference will be the Official Kick Off of the signature gathering process. The proponents have until April 25, 2018 to collect and submit the 62,000 plus signatures to qualify for the November 2018 ballot.
As a result of the challenges being experienced throughout the city, individuals and organizations have united against the “LA Trash Monopoly”.
David Hernandez Lead Proponent will be collecting signatures and distributing petitions at the event. Those impacted will be able to speak and relay their challenges.
“Without a doubt, this single issue has united more LA Residents, Business Owners, Housing Providers, Business Organizations and Non-Profits than any issue in memory.” David Hernandez
Los Angeles Exclusive Trash Franchise
Challenge Up Date
November 12, 2017
Greetings, supporters of the effort to Stop the Los Angeles Commercial Trash Monopoly.
The Legal Challenge was filed in the Los Angeles Superior Court, Case number BC664070. The case is being heard by Judge Maren E. Nelson in Department 307, 600 Commonwealth Ave Los Angeles CA. 90005.
It was based on a Violation of Prop. 218 of the California Constitution. The City of Los Angeles did not follow the Prop 218 requirements when formulating and passing the Ordinance.
There are specific requirements for a Municipality to follow when raising or passing a Tax, even if they do not call it a “Tax”.
There are 12 violations of Prop 218 on the part of the City, and the Department of Sanitation. The case is making its way through the Court, and the “Status Hearing” is set for December 15th in Department 307.
In the interim, due to the extreme hardships suffered by commercial customers, lack of trash pickup, rate increase of 100% to 700% we took a “bold move” and filed for an Injunction to halt the rate increases and allow trash to be collected until the trial.
We have submitted over 600 pages of arguments and evidence covering all violations and challenges being faced by customers.
The Judge denied our Motion for an Injunction at the November 7th hearing. She did not see how this constituted a Tax on the part of the City.
The City Attorney argued that the City was not receiving money in the form of a Tax or Fee. A Sworn Statement was submitted to that effect by the City.
The example given was the plastic the bag ordinance, in which a charge for a paper bag was charged by the market, and the market kept the money, not the city.
Based on this argument the motion was denied.
The City’s argument is completely without merit; as the city collects 12% of the gross from the Franchise Haulers! The Judge based her decision to deny the motion on this false and misleading claim by the city.
The process to appeal the decision to the same judge would most likely not prove successful. We will move forward to the main cause of action on December 15h.
A major announcement concerning the legal challenge, will be made before the end of the month.
In addition to the legal challenge we will be announcing the Petition Drive to Repeal the Exclusive Franchise on Monday.
Our battle continues full force!
David Hernandez Chairman, Committee for Accountability and Good Government in Los Angeles PO Box 9694, North Hollywood, CA 91609.
JANUARY 15, 2018