Cities Index.
Written Comments

Santa Monica City Council
March 11, 2025

Document
Written Comments
Meeting
March 11, 2025
Body
Santa Monica City Council
Original file
2.9 MB
Text extracted from the city's file for reading and search. Open the original on santamonicacityca.iqm2.com. That file is the official record.

Gmail - 1131 14th Street Apartment #8 Property-Marty Kaplan 3/5/25, 4:47 PM https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=a…gid=msg-a:r7779424771357824480&simpl=msg-a:r7779424771357824480 Page 1 of 2 Zoë Muntaner <[email protected]>
1131 14th Street Apartment #8 Property-Marty Kaplan
Zoe <[email protected]> Sun, Jan 5, 2025 at 8:24 PM
To: "[email protected]" <[email protected]>
Cc: [email protected], [email protected], David White <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected] Avraham Sinai, Esq.
2118 Wilshire Blvd
Box 311,
Santa Monica, CA 90403-5704
As you recall, the last time we texted was when my mother passed away last January 20, 2024. I requested access to my property before I traveled to Puerto Rico for her funeral, which kept me away from town for a couple of months.

You never replied to my request nor offered condolences (a common courtesy and sign of civility).

Your client has kept all my property hostage for over a year. As you might recall, I was promised access to my property on November 29, 2024. Instead, your client assaulted me at the door of the unit, knowing that she was being filmed by a witness while preventing me from recovering everything I own. In today's political climate, this type of behavior is frowned upon. It is not a good look for you and your client and reflects poorly on both of your morals. This goes beyond grand larceny; the political implications of your and your client's actions have dire consequences.

See the attached screenshot.

Does your client want to keep my property? I need to know the status of my belongings and when I will be granted access to my property.

Kindly reply; thank you.

Zoё Muntaner
“Do you have the patience to wait till your mud settles and the water is clear?"- Tao Te Ching IMPORTANT WARNING: This email (and any attachments) is only intended for the use of the person or entity to which it is addressed to and may contain privileged and confidential information. You, the recipient, are obligated to maintain it safely, securely, and confidentially. Unauthorized re-disclosure or failure to maintain confidentiality may subject you to federal and state penalties. If you are not the intended recipient, please immediately notify me by return email and delete this message from your computer.

Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Gmail - 1131 14th Street Apartment #8 Property-Marty Kaplan 3/5/25, 4:47 PM https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=…gid=msg-a:r7779424771357824480&simpl=msg-a:r7779424771357824480 Page 2 of 2 Screenshot 2025-01-05 at 7.55.38 PM.png
559K
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Gmail - Implicit Bias, Cultural and Social CompetencyTraining 3/5/25, 4:41 PM https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=al…id=msg-a:r-2250739257115363183&simpl=msg-a:r-2250739257115363183 Page 1 of 1 Zoë Muntaner <[email protected]>
Implicit Bias, Cultural and Social CompetencyTraining
Zoe <[email protected]> Thu, Feb 13, 2025 at 11:49 AM To: [email protected], [email protected], David White <[email protected]>, [email protected]
Cc: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], David White <[email protected]>, [email protected]
Dear Mayor Negrete, City Manager David White, SMPD Chief Ramón Batista and BBB Director Anuj Gupta, After my experience with drivers of the Big Blue Bus, Santa Monica Rent Control staff member Laima Noseworthy and City Attorney Douglas Sloan, it is imperative that the City of Santa Monica do a mandatory participation training across all departments on:

1. Implicit bias and

2. Cultural and Social Competency.

The lack of training and meaningful change is constantly exposing the city to litigation and potential bankruptcy.

This has gone unexamined since I filed a 12-Item Form Request to place an Item in the City Council Agenda on July 23, 2013, and followed up with the same form on October 11, 2016. Ignoring this twice has brought us to where we are today. The city has been negligent in addressing this in a timely fashion.

It would be sad if I had to share again "I told you so" after last Friday's cover story of the Santa Monica Daily Press about Small Business (another negligence from the Economic Development Department). I continue raising FLAGS (pun intended) for you and you are not paying attention.

Kindly reply, thank you.

Zoё Muntaner
“Do you have the patience to wait till your mud settles and the water is clear?"- Tao Te Ching IMPORTANT WARNING: This email (and any attachments) is only intended for the use of the person or entity to which it is addressed to and may contain privileged and confidential information. You, the recipient, are obligated to maintain it safely, securely, and confidentially. Unauthorized re-disclosure or failure to maintain confidentiality may subject you to federal and state penalties. If you are not the intended recipient, please immediately notify me by return email and delete this message from your computer.

Item 4-J
March 11, 2025
Item 4-J
March 11, 2025

CITY OF SANTA MONICA

AMENDED AND RESTATED EMPLOYMENT AGREEMENT
This Amended and Restated Employment Agreement, entered into as of _________________, 2025 (“Execution Date”), by and between the City of Santa Monica, a California municipal corporation (the “City”), and Douglas Sloan (“Sloan” or “Employee”), is made with reference to the following.

RECITALS
A. On May 10, 2022, the Santa Monica City Council appointed Sloan to the position of City Attorney of the City of Santa Monica effective as of June 6, 2022 (“Employment Date”).

B. On or about May 11, 2022, the City and Sloan entered into an Employment Agreement setting forth the terms and conditions of Sloan’s employment as the City Attorney of the City as of the Employment Date, including a preference by both parties that during Sloan’s employment as the City Attorney, Sloan live within the City of Santa Monica (“Original Agreement”).

C. In approximately March 2024, the City and Sloan entered into a First Modification of Employment Agreement (“First Modification”) to increase Sloan’s salary, in order to maintain appropriate internal alignment between the salary of the City Attorney and the salary of other City officials.

D. The City and Sloan wish to enter this Amended and Restated Employment Agreement to provide Sloan with additional non-cashable leave on a one-time basis, and to consolidate all terms and conditions of Sloan’s employment into one document.

NOW, THEREFORE, the City and Sloan agree as follows.

TERMS AND CONDITIONS

1. Salary. Commencing as of June 6, 2022, the City agreed to pay Employee a base annual salary in the amount of $320,136, payable in installments in the same manner and at the same time as other City employees are paid. Commencing as of March 10, 2024, the City agreed to pay Employee an annual base salary of $380,004, payable in installments in the same manner and at the same time as other City employees are paid.

In July of each year, Employee’s pay scale shall be automatically adjusted in the same percentage as any general salary increase that may be granted to participants of the Executive Pay Plan, with the base salary adjusted accordingly (currently $387,604.08).

2. Performance Evaluations. The City Council will complete formal performance evaluations of Employee’s performance in the position of City Attorney as follows. (a) initial evaluation after completion of first 6 months of employment; (b) second evaluation after completion of first 12 months of employment; (c) thereafter, an annual evaluation after completion of every 12 months of employment.

3. Other Terms of Employment.

3.1 Duration of Agreement. The parties acknowledge and agree that the terms and conditions of this Agreement apply to the complete term of Employee’s continuous performance of job duties in the position of City Attorney, provided as Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
of the Employment Date and prior to the execution of this Agreement. This Agreement shall continue in full force and effect for a period of five years until June 6, 2027 (the “Initial Term”), or such earlier date on which Employee, pursuant to the terms of this Agreement, is no longer employed by City as its City Attorney, whether as the result of resignation, termination, separation, or any other reason.

On June 7, 2027, and on each succeeding June 7 while this Agreement is in effect, the Initial Term, and any subsequent term resulting from extension of this Agreement, shall be automatically extended for successive periods of one year.

3.2 Termination of Employment. The City Attorney position is an at-will position, subject to termination by the City Council at any time. Upon resignation, Employee agrees to provide a 90-day written notice. Upon the termination of Employee’s employment with the City Attorney’s Office, the City will pay Employee all accrued benefits under this Agreement consistent with the provisions of the Executive Pay Plan and any applicable law.

3.3 Severance. The position of City Attorney may be terminated at the discretion of the City Council in accordance with the procedures set forth in City Charter Section 700. In the event of such a termination of Employee’s employment, or upon Employee’s separation from employment by mutual agreement documented in writing between the City and Employee, the City shall pay to Employee severance pay in an amount equal to 9 months of Employee’s base biweekly salary, such payment to be made within 30 days of Employee’s termination or separation from employment. Severance pay shall not be required pursuant to this paragraph, and Employee shall not be entitled to any severance pay only if:
(a) Employee resigns or retires; (b) the termination of Employee from the position of City Attorney was the result of good cause as defined below; or (c) Employee moves from employment by the City in the position as City Attorney to employment by the City in any other position. For purposes of this Agreement, good cause is defined only as follows. (1) conviction of Employee, whether by verdict or plea of guilty or nolo contendere, of any crime of moral turpitude; (2) willful misconduct by Employee; or (3) proven failure of Employee to observe or perform any of his duties and obligations as City Attorney, if that failure continues for a period of 30 calendar days from the date of Employee’s receipt of written notice from the City Council specifying the acts or omissions deemed to constitute that failure.

3.4 CalPERS Retirement. California Public Employees’ Retirement System (CalPERS) retirement formula is based on appointment date and membership status with CalPERS. The City does not participate in Social Security but does participate in Medicare, which requires a 1.45% contribution by both the employee and the City.

4. City-Paid Health Insurance. The City pays 92% of the medical insurance premium for employee and eligible dependents. Employee contributes 8% towards the premium. The City pays 100% of premiums for dental and vision plans and Employee Assistance Program for employee and eligible dependents. Employees who elect cashin-lieu of medical coverage, are entitled to a bi-weekly taxable payment in the amount of $69.23 ($1800/annually).

Item 4-J
March 11, 2025
Item 4-J
March 11, 2025

5. Retiree Medical. The City contributes into a retiree medical trust ($176.56 per month as of January 2022). Upon eligibility, the City pays for the retiree’s (employees only) medical insurance up to age 70, as provided in the Executive Pay Plan (EPP).

6. Long-Term Disability (LTD) Insurance. The City pays the premium for LTD coverage.

7. Supplemental Retirement Plans. A 457 plan is available for voluntary participation. A 401(a) plan is also provided and there is a $625/month employee contribution with a one-time option to opt-out of the plan. The City contributes $190/month to the 401(a) plan.

8. Holiday/Vacation/Sick Leave.
14 holidays, includes 2 floating holidays, one of which can be cashed out at the end of the fiscal year.
21 vacation days/year, which accrues at 1.75 days per month. This is a higher accrual rate based on Employee’s years of service in the public sector. Following completion of the first six calendar months of service, Employee will receive 48 hours of vacation in Employee’s account. Thereafter, Employee will accrue 14 hours of vacation per month.

A bank of 40 hours of vacation leave will be available immediately as of the Employment Date.

One sick leave day per month. Sick leave accrued but not used in a fiscal year can be cashed out at the end of the fiscal year based on the formula outlined in the Executive Pay Plan. A bank of 40 hours of sick time will be available immediately as of the Employment Date.

9. Term Life Insurance. City-paid term life insurance coverage of two times Employee’s base salary, rounded to the next $1,000, not to exceed $500,000.

10. Management Leave Days. Employee will receive three days of non-cashable leave and one day of cashable leave July 1st of each fiscal year. The non-cashable days must be taken by the end of the fiscal year and cannot be carried over to the following year. The cashable day must be used by or cashed out at the end of the fiscal year.

11. One-Time Non-Cashable Leave. On July 1, 2025, Employee shall receive an additional 40 hours of non-cashable leave on a one-time basis for Fiscal Year 2025-2026.

Employee shall not be compensated for any unused non-cashable leave hours at the end of said fiscal year. Any unused non-cashable leave hours shall be forfeited at the end of the fiscal year.

12. Tuition Reimbursement. Participants of the Executive Pay Plan are reimbursed for tuition and required study materials for career improvement or job enhancement courses approved by the Mayor up to $2,000/annually. Professional dues, memberships, and continuing education are considered within the City Attorney’s Office department budget.

13. Relocation Costs. The City shall reimburse Employee for moving expenses (up to $20,000 based on actual invoices). Employee must obtain three bids for moving services, provide those bids to the Mayor, confer with the Mayor to arrive at a mutually Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
agreed on selection of moving services, and provide to the City receipts for the payment of moving expenses.

14. Temporary Rental Assistance. City shall provide $3,000 per month for a maximum of seven months for temporary rental housing allowance during the time on and after the Employment Date in which Employee is living in temporary rental housing in Santa Monica (or as close to Santa Monica as possible if Employee is not able to obtain temporary rental housing within Santa Monica) prior to moving into a permanent residence, whether rented or owned, in Santa Monica, or as close as possible to Santa Monica.

15. Executive Pay Plan. Employee will receive any other benefits provided under the terms of the Executive Pay Plan, which covers department head positions, as may be amended from time to time. To the extent provisions in this Agreement differ from provisions in the Executive Pay Plan, the provisions of this Agreement shall control.

16. Exempt Employee. As City Attorney, Employee is an exempt employee under the Fair Labor Standards Act, works during normal business hours of the City, and is required to devote whatever time is necessary to accomplish the work of the City Attorney position without eligibility to accrue additional compensatory time or to be paid overtime compensation. As a result, Employee will not have to account for his work time on an hourly basis and will only need to account for each full day of absence that occurs on a regularly scheduled workday.

17. Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties, and replaces and supersedes all previous employment agreements between the City and Sloan. Any preliminary negotiations and agreements of any kind or nature are merged into this Agreement. No oral agreement or implied covenant may be held to vary the provisions of this Agreement. This Agreement may be modified only by written agreement signed by the City and Employee.

18. No Presumption Against Any Party. This Agreement is the product of the efforts of all parties, and the terms of this Agreement shall not be construed or interpreted for or against any party solely on the grounds that the party proposed or drafted a particular clause.

19. Governing Law. The laws of the State of California, without regard to any choice of law provisions, will govern this Agreement.

20. Venue and Jurisdiction. Any litigation arising out of this Agreement may only be brought in either the United States District Court, Central District of California, or the Superior Court of California, County of Los Angeles, West District, as appropriate. The parties agree that venue exists in either court, and each party expressly waives any right to transfer to another venue. The parties further agree that either court will have personal jurisdiction over the parties to this Agreement.

21. Severability. If any part, term, or provision of this Agreement is declared or determined by a court to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining parts, terms, or provisions of this Agreement shall not be affected thereby, and the illegal, invalid, or unenforceable part, term, or provision shall Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
either be deemed modified in such manner as to render such part, term, or provision legal, valid, and enforceable to the fullest extent permitted by law or shall be deemed not to be a part of this Agreement.

22. Waiver of Breach. A non-breaching party may waive the breach of any provision of this Agreement only by executing a writing. Waiver of any breach shall not be deemed to be a waiver of any other breach of the same or any other provision of this Agreement.

23. Indemnification. To the full extent of the law as provided by the California Government Claims Act (formerly the California Torts Claims Act (Government Code Section 810, et seq.)), City shall defend and indemnify Employee against any claim or action filed against Employee for injury or loss arising out of an act or omission occurring with the scope of the Employee’s duties on the City’s behalf for the period of Employee’s employment, subject to the limitation of the California Government Claims Act.

24. Electronic Signatures. Each party agrees that the transaction consisting of this Agreement may be conducted by electronic means. Each party agrees and acknowledges that it is such party’s intent, that if such party signs this Agreement using an electronic signature, it is signing, adopting, and accepting this Agreement and that signing this Agreement using an electronic signature is the legal equivalent of having placed its handwritten signature on this Agreement on paper. Each party acknowledges that it is being provided with an electronic or paper copy of this Agreement in a usable format.

25. Counterparts. This Agreement may be executed simultaneously or in any number of counterparts, including both counterparts that are executed manually on paper and counterparts that are in the form of electronic records and are executed electronically, whether digital or encrypted, each of which shall be deemed an original and together shall constitute one and the same instrument.

In witness whereof, this Agreement was executed on the day and year first written above.

CITY OF SANTA MONICA,
a municipal corporation
By:

Lana Negrete, Mayor Douglas T. Sloan, Employee
APPROVED AS TO FORM: ATTEST:

Susan Cola, Assistant City Attorney Nikima Newsome, City Clerk Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Gmail - DUTY 3/5/25, 4:58 PM
https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=a…gid=msg-a:r3300216841376327182&simpl=msg-a:r3300216841376327182 Page 1 of 1 Zoë Muntaner <[email protected]>
DUTY
Zoe <[email protected]> Thu, Feb 6, 2025 at 8:01 AM
To: [email protected]
Cc: [email protected], [email protected], [email protected], [email protected], [email protected], David White <[email protected]>, [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected] Sir,
On Tuesday, January 7, 2025 from 12:30pm – 1:30 pm. PST I attended a LA Law Library MCLE class, “Can’t We All Just Get Along? Civility in the Practice of Law”. It was hosted by two prominent Judges of the LA Superior Court-- Judge Mark Juahas and Judge Robert Broadbelt. See attachment. “We conclude by reminding members of the Bar that their responsibilities as officers of the court include professional courtesy to the court and to opposing counsel. All too often today we see signs that the practice of law is becoming more like a business and less like a profession. We decry any such change, but the profession itself must chart its own course. The legal profession has already suffered a loss of stature and of public respect.... Lawyers and judges should work to improve and enhance the rule of law, not allow a return to the law of the jungle.” (Lossing v. Superior Court (1989) 207 Cal.App.3d 635, 641.) It seems to me there is a crisis in your department that is escalating at wildfire pace. Would you like to discuss this in person? Perhaps you can explain better how the law works in Santa Monica. You might want to consider having your staff take this online course as soon as possible to avoid scandal and exposure to litigation.

Kindly reply, thank you.

Zoё Muntaner
“Do you have the patience to wait till your mud settles and the water is clear?"- Tao Te Ching IMPORTANT WARNING: This email (and any attachments) is only intended for the use of the person or entity to which it is addressed to and may contain privileged and confidential information. You, the recipient, are obligated to maintain it safely, securely, and confidentially. Unauthorized re-disclosure or failure to maintain confidentiality may subject you to federal and state penalties. If you are not the intended recipient, please immediately notify me by return email and delete this message from your computer.

Cant We All Just Get Along Civility in the Practice of Law.pdf 862K
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
1 CAN’T WE ALL JUST GET
ALONG? CIVILITY IN THE

PRACTICE OF LAW
Los Angeles Law Library
January 7, 2025
Judge Mark Juhas
Judge Robert Broadbelt
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
2 2
“We conclude by reminding members of the Bar that their responsibilities as officers of the court include professional courtesy to the court and to opposing counsel. All too often today we see signs that the practice of law is becoming more like a business and less like a profession. We decry any such change, but the profession itself must chart its own course.

The legal profession has already suffered a loss of stature and of public respect…. Lawyers and judges should work to
improve and enhance the rule of law, not allow a return to the law of the jungle.”
(Lossing v. Superior Court (1989) 207 Cal.App.3d 635, 641.) Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
3 3
“The timbre of our time has become
unfortunately aggressive and disrespectful.

Language addressed to opposing counsel and
courts has lurched off the path of discourse
and into the ditch of abuse. This isn’t who we
are.”
(In re Mahoney (2021) 65 Cal.App.5th 376,
381.)
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
4 WHAT IS INCIVILITY?
4 •Personal attacks/insults
•Threats and taunts
•Intimidation and bullying
•Abusive and harassing conduct
• Disrespectful comments
•Playing “hardball” (e.g., not granting
reasonable extensions)
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
5 INCIVILITY DRIVEN BY BIAS
5 • “Any conversation about civility must talk about
gender and people of color.”
• Incivility toward less-experienced attorneys
• Interrupting and talking-over
• Challenges to competence
• Comments of a gendered or ethnic/cultural nature
(e.g., attorney’s appearance or dress)
• Addressing attorney unprofessionally (e.g., terms of
“endearment”)
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
6 WHY CIVILITY MATTERS
• CHALLENGES IN PRACTICE
• CHALLENGES WITH CLIENTS
• CHALLENGES WITH THE OTHER SIDE
• CHALLENGES WITH THE TRIAL COURT
• CHALLENGES WITH THE APPELLATE COURT
• CHALLENGES WITH THE BAR
• CHALLENGES WITHIN THE FIRM
• CHALLENGES AT HOME
6 Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
7 WHO INCIVILITY IMPACTS
7 • Your reputation
• Your health
• Your firm's reputation
• Your firms'
employees
• The “other side”
• Your client
• The court
• Courtroom staff
• Court employees
•Your case
•Witnesses
• Case outcomes
• Case expenses
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
8 8
“Beyond the Oath: Recommendations
for Improving Civility”
California Civility Task Force
report (2021)
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
9 report’s proposals to improve
civility:

2. Training for judges on attorney civility and tools to address incivility

3. Revise RPC to clarify that repeated incivility constitutes professional misconduct

4. Require attorneys to affirm oath of civility during annual license renewal

1. Mandate 1 hour of attorney MCLE on incivility.

Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
10 CHALLENGES WITH

THE STATE BAR
10 Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
11 “
Oath for admission to practice of law
includes:
"As an officer of the court, I will strive
to conduct myself at all times with
dignity, courtesy and integrity."
(CRC 9.7, effective 2014)
11 Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
12 RPC 8.4.2 (proposed)
12 • Would make incivility a disciplinable offense
• Under consideration by California Supreme Court
• Text:
(a) In representing a client, a lawyer shall not engage in incivility in the practice of law.
(b) For purposes of this rule, “incivility” means significantly unprofessional conduct that is abusive or harassing and shall be determined on the basis of all the facts and circumstances surrounding the conduct.

Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
13 RPC 8.3
13 • A lawyer must report another lawyer if the lawyer knows of credible evidence that the lawyer committed a criminal act or engaged in conduct involving dishonesty, fraud, deceit, or reckless or intentional misrepresentation or misappropriation of funds or property that raises a substantial question as to that lawyer's honesty, trustworthiness, or fitness as a lawyer in other respects.
• Failure to report may result in discipline
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
14 CIVILITY TOOLBOX STATE BAR WEBSITE
14 • Sample court order
• Civility rules from
various bar
associations
• Civility rules from
various courts
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
15 Los Angeles
Superior Court
Local Rule 3.26
S u b t i t l e
15 Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
16 LASC GUIDELINES FOR CIVILITY IN LITIGATION
16 LOCAL RULE 3.26: LITIGATION CONDUCT
•The guidelines adopted by the Los Angeles
County Bar Association are adopted as civility in
litigation recommendations to members of the
bar, and are contained in Appendix 3.A
•Appendix 3.A sets forth detailed guidelines in the
conduct of litigation
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
17 APPENDIX 3.A – Guidelines for Civility in Litigation include:
17 • Extensions of time
• Not disparage the intelligence, ethics, morals,
integrity or personal behavior of one’s
adversaries, unless those matters are directly and
necessarily in issue
• Counsel should be civil and courteous in
communicating with adversaries
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
18 HOW IS INCIVILITY TREATED?
18 • After the court ruled against an attorney, the attorney called the represented other party a “lying bitch”, among other things
• Trial court disqualified attorney from case
• Court of Appeal affirmed:
• “Rule 4.2(a) is not limited to communications made in the absence of the party’s counsel; rather, it applies by its terms to all communications made without counsel’s consent. And there is nothing in this record to show counsel consented to [attorney] approaching [opposing party] and speaking to her in vulgar and insulting terms and an angry manner.”
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
19 HOW IS INCIVILITY TREATED?
19 • Attorney, in rehearing brief, impugned the integrity of Court of Appeal:
• “Our society has been going down the tubes for a long time, but when you see it in so black and white as in the opinion in this case, it makes you wonder whether or not we have a fair and/or equitable legal system.” • “...[B]ecause of a judicial slight [sic] of hand with no factual basis, the court has altered the landscape and created a windfall...”
• “Court ‘indiscriminately screw[ed]’ [petitioner].”
• Court of Appeal found attorney guilty of 2 counts of contempt:
• “The timbre of our time has become unfortunately aggressive and disrespectful. Language addressed to opposing counsel and courts has lurched off the path of discourse and into the ditch of abuse.” • Attorney sanctioned and reported to the State Bar.

Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
20 HOW IS INCIVILITY TREATED?
20 • Nasty communication between counsel about deposition scheduling. The attorney attended the deposition with pepper spray and a stun gun. Attorney pointed the pepper spray at the face of opposing counsel saying: ‘I will pepper spray you if you get out of hand.’ Attorney brandished a stun gun, pointed it at opposing counsel’s head, and said: ‘If that doesn’t quell you, this is a flashlight that turns into a stun gun.’ Counsel discharged the stun gun close to opposing counsel’s face.
• The trial court imposed terminating sanctions and Court of Appeal affirmed:
• “If ever a case required a terminating sanction, this is it. [Counsel] made it impossible to continue with the litigation. Far from the trial court abusing its discretion, it would have been an abuse of discretion not to impose a terminating sanction.”
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
21 WHAT IS THE RESULT OF INCIVILITY?
21 • SANCTIONS --
• MONETARY
• EVIDENCE AND ISSUE PRECLUSION
• TERMINATING
• ATTORNEY FEES
• CONTEMPT
• DISQUALIFICATION
• REPORTED TO STATE BAR
• NAME FOREVER ENSHRINED IN APPELLATE REPORTS
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
22 BENEFITS TO BEING CIVIL
22 • credibility with judges
•respect of, and positive relationships with,
opposing counsel
• save time, money, and energy from
unproductive actions
• help settle case when the time comes
•reduce negativity and stress in your life
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
23 HOW TO DEAL WITH INCIVIL ATTORNEYS
23 • Not return incivility in kind (take the high
road)
•If you witness inappropriate behavior and
have personal rapport with the person
engaging in it, have a private conversation
to sensitize them
•If incivility becomes a serious problem,
seek relief from the court
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
2424
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
2525
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Click to edit Master title style
2626

THANK YOU
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Gmail - Rent Control Complaint for Non Registration an/or Excess Rent Receipt and Retention 3/5/25, 4:43 PM https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=…d=msg-a:r-2333037449420370861&simpl=msg-a:r-2333037449420370861 Page 1 of 2 Zoë Muntaner <[email protected]>
Rent Control Complaint for Non Registration an/or Excess Rent Receipt and Retention
Zoe <[email protected]> Wed, Oct 9, 2024 at 9:55 AM
To: [email protected]
Cc: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected]
Ms. Riddles,
Ms. Freeman shared that you are in charge of the complaint I filed against my landlord two months ago. Yesterday I went to the Rent Control office to file a Complaint for Non Registration an/or Excess Rent Receipt and Retention against Sean Besser and Janeen Morris. The appointment was rescheduled for Friday. In order for the Rent Control office to schedule a hearing for the above complaint, I need to supply them with certain documents that you can request from the landlords. rent is paid by Zelle app payment services.

Since I moved to the unit there have been 7 tenants that moved in and out of the unit because of the unlawful co living operation. We are given one year leases but told we can break the leases any time without any charges for the rest of the year. That is the strategy used to prevent being found out and make it look like a regular apartment rental. 3A- three different tenants since I moved in
3B-Two different tenants since I moved in
3C -Just myself since May 2, 2024
3D-two different tenants since I moved in (only room that has a private bathroom that pays a higher rent than the other 3 rooms)
My meeting with Rent Control is with Karen, the most Senior staff of rent control with the experience of the type of complaint I am filing. Daniel Costello told me yesterday that the issue revolves around when the base rent started. Is it when I first paid rent or is it started with previous tenants? He told me that this is a question for the City Attorney to answer and/or investigate. To determine the rent I was asked to supply the leases and rent amounts of the other tenants that have lived here but I do not have access to that. Only you can demand that from the landlord, for investigation.

Names of the two other current tenants:

William Yates (Moved in October 1, 2024- has alcohol consumption disorder, sleeps, drinks and barely eats-in his bedroom all the time)
Dardan Gashi +41 78 204 96 61 (From Italy-Moved in September 13, 2024- was in unit C and changed units yesterday to unit D).

Names of previous tenants:

Sunny (Seon Woo) +82 10-4191-7582 (from Korea moved in June, moved out September) Geffen Chang (408) 858-8419 (moved in June moved out August, removed his belongings from room in September) Steve Lash: (847) 946-0117 (was there before I moved-moved out September) Andrey Zharkov +7 916 730-76-72 (From Russia, was there before I moved and moved out in June) Sarah (British woman who was there before I moved in and moved out in June, do not know her last name or contact) Let me know if you can request the leases and amounts paid by each tenant during their tenancies to include in my Rent Control Complaint for Non Registration and Excess Rent. I am afraid that the landlord will use the open loophole to file a bogus UD as a strategy to prevent the City Attorney, Rent Control, and Code Enforcement from Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Gmail - Rent Control Complaint for Non Registration an/or Excess Rent Receipt and Retention 3/5/25, 4:43 PM https://mail.google.com/mail/u/0/?ik=3b31a130d8&view=pt&search=…d=msg-a:r-2333037449420370861&simpl=msg-a:r-2333037449420370861 Page 2 of 2 intervening in the investigation - like it happened with Marty Kaplan before. We need to close that loophole as soon as possible to prevent this from happening again. The claim was filed two months ago.

Kindly reply;thank you.

Zoё Muntaner
“Do you have the patience to wait till your mud settles and the water is clear?"- Tao Te Ching IMPORTANT WARNING: This email (and any attachments) is only intended for the use of the person or entity to which it is addressed to and may contain privileged and confidential information. You, the recipient, are obligated to maintain it safely, securely, and confidentially. Unauthorized re-disclosure or failure to maintain confidentiality may subject you to federal and state penalties. If you are not the intended recipient, please immediately notify me by return email and delete this message from your computer.
3 attachments
May Rent Lease CoLiving Zoë Muntaner: Signature Request from santamonicabeachcoliving.pdf 114K
TenantHarassmentFAQ.pdf
229K
Lease CoLiving Zoë Muntaner.pdf
296K
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025
Item 4-J
March 11, 2025

← All documents from this meeting