SOUTH OF THE 10 - Letter to the Editor: Dear 2UrbanGirls, A civil case was filed in LA Superior Court July 21, 2021 by opposing candidate Andre Spicer. He then served Compton 2nd District Councilman Isaac Galvan six months later Dec. 28th.
Service was made just one day before the deadline would expire for filing an election contest.
The civil suit by Spiced claims illegal votes were cast and seeks to overturn the June 2021 election won by one vote by Galvan.
The action by Andre Spicer is highly unusual as it violates normal court procedure and California Rules of Court 3.110 (b) which states a defendant must be served within 60 days of the original court filing. Galvan should have been served by Sep. 19 (60 days) but was instead served on Dec. 28, a total of 180 days or six months later.
If service is not done in a timely manner, a plaintiff must ask the court for an extension and the court may impose sanctions. No evidence exists of any action by Spicer until November 2021 so a request for an extension was not made in a timely manner. However, wide license by the judge permits a case to still go forward up to two years which appears to have occurred in this case. But it can also be argued the delay deprived Galvan of his constitutional rights and opportunity to request a dismissal due improper service.
A court usually does not schedule or move a case forward without a Proof of Service on record to make certain the other party was properly notified. This Superior Court under Judge Michelle Williams has held proceedings and actions almost monthly during the six month period between July and December 2021 with Galvan absent and prior to him being served. Only Spicer has appeared in court during the July-December six month time period which may open the judge up to allegations of bias.
Here are the court dates, before and after service:
- 7/21/21 Civil Case Filed;
- 8/9/21 Notice of Case Management Conference by clerk.No Proof of Service to Galvan on record.
- 11/8/21 Case Management Statement made by Spicer.
- 11/15/21 Doc Event – Court Minute Order issued.
- 11/18 Hearing – Case Management Conference held by Judge.Only Spicer in Attendance. Galvan not served yet.
- 12/9 Notice of Case Management Conference. Galvan not served yet.
- 12/28 Galvan finally served by Councilwoman Michelle Chambers.
- 1/11/22 Case Management Statement by Spicer.
- 2/17/22 Hearing – Case Management Conference. Only Spicer present.
- 3/1 Court Trial Set to Start
It was also highly unusual for a sitting politician, Councilwoman Michelle Chambers, on December 28th, and on the city dime and time, served her fellow council member Galvan papers on behalf of Spicer while on the dais.
Galvan unaware for months due lack of service has never asked for a continuance yet the few reports coming from the former mayor’s spokeswoman, likes to blow “smoke and mirrors,” to infer Galvan, not Spicer, has been the one delaying the case despite the timeline you see above.
The Lawyer representing Spicer is Fred Woocher who was formerly the attorney for former Mayor now City Attorney Eric Perrodin in his past election contest in 2003 against former Mayor Omar Bradley. The judge in the case, Michelle Williams, is a 1993 graduate of Loyola Marymount Law School. She attended LMU at the same time as Eric Perrodin who graduated in 1994.
Questions are being asked about who is footing the attorney bill for Spicer or Galvan and whether citizens are paying for either defense.
A separate and parallel criminal case is also continuing in Superior Court with pressure being placed on the defendants including Dr. Jace Dawson to cut backroom deals with the single goal of getting Galvan.
No charges have yet been brought by the LA County District Attorney against Spicer for advertising and giving out “Ballots for Raffle Prizes” at an election event caught on video he held in May 2021.
Election code series 18251 states candidates who offer compensation for ballots may face charges of imprisonment from 16 months to three years. Complaints filed by residents alleging election cheating on Spicer’s part have been sidelined by the very same DA’s office obviously finds this counter situation problematic and highly embarrassing.
Compton residents are divided with some supporting Galvan and his new effort supportive of city reform and those support Spicer in his quest to take the seat. Still others support neither Spicer or Galvan and want a new election for the 2nd District to take place.
Sorry this was so long winded, but the people need to know.
(2UrbanGirls has been cited in CityWatchLA, Compton Herald, Daily Breeze, Daily News, Inglewood Today, Intersections South LA, KCRW, KPCC, Los Angeles Times, LA Weekly, LA Watts Times, Mercury News, Orange County Register and The Atlantic.)