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Column: Meet the architect of Trump's attack on birthright citizenship, a California lawyer facing disbarment

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Column: Meet the architect of Trump's attack on birthright citizenship, a California lawyer facing disbarment

Donald Trump’s flurry of first-day executive orders aimed at remaking American government in his image may have Americans’ heads spinning, but one stands out from the rest for its sheer audacity.

That’s the order to rescind “birthright citizenship,” which is constitutionally granted to almost all children born within the U.S. borders.

Opposition to birthright citizenship emerged almost immediately with its enactment as part of the 14th Amendment, which was adopted in 1868, and has waxed and waned in parallel with political controversies over immigration.

All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.

— U.S. Constitution, 14th Amendment

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But its emergence as a core issue for Trump owes much to the work of a California lawyer. He’s John C. Eastman, a longtime Trump advisor who is facing disbarment proceedings due to his role in the Jan. 6 insurrection.

Eastman has advocated a reconsideration of birthright citizenship — or as I wrote in 2020, “flogging this dead horse” — for years. He has consistently been in the minority among legal authorities on the topic.

Still, he maintains, as he did in a recent conversation with me, that “the leading scholars on this issue all agree with me.”

He added: “I’ve probably been most prominent more recently in articulating that position.” He declined to say if he had consulted with the Trump campaign or transition team before Trump issued the executive order.

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Eastman’s criticism of birthright citizenship unfurled mostly through legal treatises and in conservative publications until 2020, when an article he wrote for Newsweek made him the public face of the issue.

The article, which appeared the day after Joe Biden picked Kamala Harris as his 2020 running mate, questioned whether Harris was eligible for the office of president (or by extension vice president) because she didn’t meet the constitutional requirement that a president be a “natural born citizen.”

“Her father was (and is) a Jamaican national, her mother was from India, and neither was a naturalized U.S. citizen at the time of Harris’ birth in 1964,” Eastman wrote. “That … makes her not a ‘natural born citizen.’”

Within days, Eastman’s argument was taken up by Trump, who cited him as a “very highly qualified and very talented lawyer.”

Newsweek, however, promptly disavowed Eastman’s article. In an editor’s note, the magazine tried to rebut objections that it had been tied in with the “birther” claims that Barack Obama had not been born in the U.S. Rather, it said, the article was merely airing a legitimate legal debate. Two days later, it posted a second note, in which it stated that “this op-ed is being used by some as a tool to perpetuate racism and xenophobia. We apologize. … We entirely failed to anticipate the ways in which the essay would be interpreted, distorted and weaponized.”

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Before examining the persistence of attacks on birthright citizenship, a few words about Eastman. The former dean and law professor at the Fowler School of Law of Orange County-based Chapman University has seen his activities as a lawyer for Trump lead his career down a dark hole.

Eastman played an important role in promoting Trump’s false claim that the 2020 election was stolen from him, and addressed the crowd at Trump’s Washington rally on Jan. 6, 2021, that led to the attack on the Capitol that day.

A week after that rally, Eastman and Chapman reached an agreement under which he agreed to retire from the university, effective immediately.

In January 2023, the State Bar of California launched disbarment proceedings against Eastman, citing his efforts to promote Trump’s unfounded claim that the election was stolen. After a more than monthlong trial in the state bar court, in a March 27, 2024, ruling, Bar Judge Yvette Roland found Eastman culpable on 10 of the 11 state bar charges and recommended his disbarment.

Eastman “made multiple false and misleading statements in his professional capacity as attorney for President Trump in court filings and other written statements,” Roland ruled.

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Under state bar rules, as long as Roland’s disbarment recommendation stands, Eastman is ineligible to practice law in California. His license was also suspended by the Washington, D.C., bar. He is also facing felony charges in Georgia and Arizona connected with the 2020 election; both cases, in which Eastman has pleaded not guilty, are pending. None of these cases involve the birthright issue.

Eastman is still fighting disbarment, based in part on his position that his actions on Trump’s behalf are protected by his 1st Amendment free-speech rights and that his claims about the election being stolen weren’t knowingly false. Oral arguments before the state bar court are scheduled for March 19. If the disbarment recommendation stands, the final decision will be made by the state Supreme Court.

That brings us back to the birthright issue. The 14th Amendment was enacted as a direct response to the Supreme Court’s egregious 1857 Dred Scott decision, which held that persons of African descent, such as enslaved people and formerly enslaved people, could not be considered citizens under the Constitution.

In its very first line, the amendment states forthrightly, “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.”

Legalistic debate over birthright tends to parse the clause “subject to the jurisdiction thereof.”

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Most legal scholars — and courts that have considered the issue — accept the prevailing conclusion that it was meant to exclude chiefly children of foreign diplomats and ministers and those of occupying foreign armies, who remain under the jurisdiction of their own countries.

(Native American tribes were also excluded initially on the reasoning that the tribes claimed sovereign authority, but they were brought under the amendment’s protection in 1924.)

Some critics argue that the amendment could not have bestowed citizenship on the children of illegal immigrants because “illegal immigration” didn’t exist in 1868, as the U.S. then had no immigration restrictions.

That’s a dubious claim, constitutional scholar Garrett Epps has written. “‘Illegal aliens’ are ‘subject to the jurisdiction’ of both state and federal legal systems. They can be, and are every day, arrested, prosecuted and sentenced (even to death) in American courts,” and can be sued in civil courts.

What Trump could do about birthright citizenship is unclear. Repealing the 14th Amendment would require a new constitutional amendment, a lengthy and complicated process.

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Some experts have said that Congress could act to redefine “jurisdiction,” but even a leading expert on the topic, Rogers M. Smith of the University of Pennsylvania, has acknowledged being in the “minority of scholars who think the Congress can act” to exclude undocumented immigrants’ children.

Trump might be hoping that the current Supreme Court majority, which has disdained its own precedents, would scrap this one — though whether it would discard a precedent that has stood for more than a century is an imponderable.

The Supreme Court’s support of a broad definition of birthright citizenship dates to 1898, in a ruling involving Wong Kim Ark, whose citizenship as the U.S.-born child of Chinese immigrants was challenged because his parents had had no right to become citizens themselves. The court rejected the challenge.

In a 1982 case, all nine justices accepted the view that undocumented immigrants, “even after their illegal entry” to the U.S., are covered by the 14th Amendment.

A remarkable feature of birthright citizenship is that the broadest definition is supported not only by progressives, but conservatives. Newsweek published a rebuttal to Eastman’s article in 2020 by conservative UCLA law professor Eugene Volokh. At the same time, the libertarian Cato Institute attacked Eastman’s claims head-on. And on Inauguration Day, Cato’s director of immigration studies, David J. Bier, issued a series of broadsides against Trump’s executive order, calling it a “blatantly unconstitutional… attack on American tradition, the rule of law, the Constitution, and indeed Americans themselves.”

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In truth, the core issue of birthright citizenship isn’t constitutional. It’s political, and its politics are acrid in the extreme. The issue is inextricably bound up with racism and the notion of America as a beacon of white supremacy.

That has been the one constant in the opposition to birthright citizenship since the enactment of the 14th Amendment, legal scholar Rachel E. Rosenbloom has observed, noting that opposition is typically couched “in a highly racialized language of crisis and invasion.”

A proponent of a proposed 2009 California ballot initiative aimed at cutting off public benefits for undocumented immigrants, for example, asserted that “illegals and their children” were engaged in “invasion by birth canal.” (The measure didn’t make it onto the ballot.)

Trump has repeatedly employed the rhetoric of xenophobia and invasion to justify his attacks on immigrants. “They’re poisoning the blood of our country,” he said at a rally in 2023, referring to immigrants “from Africa, from Asia, all over the world. They’re pouring into our country.”

Opposition to birthright citizenship has tended to surge alongside concerns about immigration, especially when the latter has had a racist component. The Wong Kim Ark case was designed as a test of the Chinese Exclusion Act of 1882; the 1982 case arose as a challenge to a Texas law that denied funding for the K-12 education of undocumented immigrant children. (The Supreme Court struck down the law.)

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Eastman told me in 2020 that he was troubled by what he called the “false charge” that he questioned birthright citizenship merely “because Kamala Harris is Black.” He said then that he had been studying and writing about so-called birthright citizenship for nearly 20 years “in all sorts of contexts,” not merely Black politicians.

Notwithstanding Eastman’s disavowal of racist intent, one can’t attribute the same innocence to Trump and his immigration policy team. In his Jan. 20 executive order on border security, he again invoked “the language of crisis and invasion” — “Over the last 4 years,” the order states, “the United States has endured a large-scale invasion at an unprecedented level.”

Truly, the ideological basis of the attack on birthright citizenship has barely changed in 127 years.

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California soccer fans sue StubHub after it fails to deliver expensive World Cup tickets

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California soccer fans sue StubHub after it fails to deliver expensive World Cup tickets

StubHub is getting a red card from some World Cup fans

Two World Cup customers are suing the New York-based ticket-selling company, alleging “false and misleading” advertising that left them without tickets or a refund for the World Cup games they paid to attend.

In federal court in New York last week, two Californians — Julia Reeker Moghal and Reuben Renteria — sued StubHub seeking monetary damages and a ban on the company selling World Cup tickets. The lawsuit aims to become a class action and comes after weeks of fierce criticism and complaints from customers regarding the company’s practices.

Throughout the World Cup, videos have emerged on Instagram and TikTok of StubHub customers describing their nightmare experiences with the ticket-selling platform.

Some said they had purchased tickets to World Cup games as early as November of last year, booked flights and hotels and arranged travel plans, then StubHub notified them days to weeks before the match of a refund for their tickets, which they never requested.

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There were similar complaints about last-minute cancellations from people who bought Coachella tickets on StubHub.

In the lawsuit, Moghal said she had purchased three tickets for nearly $2,000 for the June 18 match between Switzerland and Bosnia-Herzegovina at SoFi Stadium in Inglewood, which were then canceled by StubHub. Moghal said she was contacted by StubHub and told her tickets would remain canceled, then was later told the tickets would be available one hour before the game.

When the match began, Moghal said she was at SoFi Stadium, but the tickets never came.

Renteria said he paid around $2,300 for the June 18 Mexico versus South Korea match in Guadalajara, Mexico, but they were canceled

“Devoted soccer fans have traveled from around the world to attend World Cup matches — and they reasonably relied on StubHub to provide the tickets they paid for as well as on StubHub’s warranty,” Blake Hunter Yagman, the attorney representing the two, said in a statement. “Instead of rewarding their business, StubHub sold them World Cup tickets that they either could not provide or on speculation, only to be stranded, in many cases, at the stadium gates without any recourse.”

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According to StubHub’s website, its Fan Protect Guarantee states the platform will deliver valid tickets or refund in the event of a ticket issue, and that it will “go out of our way to find replacement tickets” of a comparable value. The lawsuit alleges the replacement tickets many fans were given by StubHub were worse than their original tickets.

FIFA, the World Cup organizer, states in its terms and conditions that the FIFA Marketplace, its own ticket-selling platform, is the only authorized platform for World Cup tickets, and that only tickets purchased through it are guaranteed by FIFA to be valid.

Despite the risk of purchasing through a third-party platform such as StubHub, many fans opted to do so to avoid the 30% FIFA resale tax, believing that the Fan Protect Guarantee would safeguard their order.

Since World Cup tickets began selling on FIFA Marketplace last September, fans have expressed disappointment in the expensive price tag. FIFA utilized a dynamic pricing system for the sale, and as sales phases progressed leading up to the games, the cost of tickets increased tremendously. In March, the extreme cost of tickets prompted 69 members of Congress to write a letter to FIFA urging them to lower their prices.

Tickets for the upcoming Friday match between Spain and Belgium in Los Angeles are selling on StubHub for over $1,300.

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StubHub said in various statements to the news and in legal proceedings that ticket cancellations were a result of transfer problems and issues with FIFA’s ticketing infrastructure.

StubHub did not respond to requests for comment.

A FIFA spokesperson responded to this accusation in a statement, saying, “FIFA has no visibility over, or control of, secondary market ticket transactions carried out on third-party platforms. The transactions facilitated on these platforms occur entirely independently of FIFA’s official ticketing platform. With reference to the reliability of the services available to fans on FIFA’s official ticket platform, FIFA rejects any suggestion that the functional issues being experienced by users of third-party platforms with respect to FIFA World Cup 2026 tickets are the result of FIFA’s ticketing infrastructure.”

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Commentary: Trump wants to let companies make fewer disclosures, thus keeping investors in the dark

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Commentary: Trump wants to let companies make fewer disclosures, thus keeping investors in the dark

Trump’s SEC is considering eliminating the mandate for quarterly corporate financial reports, but even some big investors call it a lousy idea.

This being the “information age,” it would be understandable if investors sometimes feel inundated with too much information to wade through about the stocks in their mutual fund portfolios.

The Securities and Exchange Commission, bowing like a puppy to the urgings of President Trump, is considering exactly the wrong solution to this supposed burden. It’s proposing to allow public companies to give their investors less information, as though that’s a good thing.

On May 8, the SEC proposed rescinding its mandate that public companies report financial results on a quarterly schedule. Instead, it suggests, semiannual and annual reports should suffice.

This takes an already-unlevel playing field where Main Street investors are already disadvantaged, and makes it more unlevel.

— Dennis Kelleher, Better Markets

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The SEC left its proposal open for public comment for 60 days, meaning the window closed Monday. By then, the agency had received more than 68,000 comments, according to a tracker posted online by accounting professor Tzachi Zach of Ohio State.

Almost 99.9% of the comments were negative. Several organizations of institutional investors and auditing professionals, as well as a tsunami of individual investors, expressed opposition.

A similar initiative the SEC aired in 2018, during Trump’s first term, received an overwhelmingly negative response and was eventually dropped.

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The tide of opposition coming from individual investors shouldn’t be surprising. “Taking away basic quarterly information means investors are blind for six months at a time,” says Dennis Kelleher, co-founder and chief executive of the investor advocacy nonprofit Better Markets.

That’s especially true for small investors, though perhaps not so much for major institutions, insiders or deep-pocketed individuals. “If you’re a big dog, you’ll get the information anyway,” Kelleher told me. “And insiders, who are trading in their own stock all the time, will have the information. This takes an already-unlevel playing field where Main Street investors are already disadvantaged, and makes it more unlevel.”

Trump set off the latest initiative with a social media post on Sept. 15, advocating the move to a six-month reporting schedule. It read, in part, “This will save money, and allow managers to focus on properly running their companies. Did you ever hear the statement that, ‘China has a 50 to 100 year view on management of a company, whereas we run our companies on a quarterly basis???’ Not good!!!”

As was usual with Trump, his argument was a string of uninformed and irrelevant non sequiturs.

It’s doubtful that eliminating quarterly reports will save much, if any, money. Most 10-Qs are cookie cutter documents disclosing financial figures already embedded in corporate records.

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The idea that managers would become empowered to “focus on properly running their companies” if only they were relieved of the burden of preparing a report every three months is just malarkey: Any CEOs who feel the impulse to drop everything and involve themselves in what is essentially an automated process can’t be very good at their jobs.

As for China’s “50 to 100 year view on management of a company,” what would that even mean, even if it were true? China doesn’t operate on a 50 to 100 year corporate horizon, but rather on a string of five-year plans. The most recent of these was adopted by the government in March, covers the period up to 2030, and is its 15th in a row.

Despite the flaws in Trump’s arguments, Trump’s SEC Chairman Paul Atkins, a former corporate lawyer and securities industry consultant, fell into line. Within a few days of Trump’s post, he showed up on CNBC to minimize the potential effect of the change. Private companies rely on semiannual reports, after all, he noted, although the idea of taking private companies as models for publicly traded corporations might not strike experienced investors as the wisest thing.

Atkins cited an enduring chestnut, for which there’s no evidence, that quarterly reporting is responsible for “short-term thinking” in corporate suites (though he admitted that his evidence was “anecdotal”). And he suggested that small investors have ample access to corporate information even without quarterly reports — why, he said, they can just tune in to CNBC!

“To propose change in what our rules are now would be a good way forward,” he said. “So I welcome the president’s putting this up for discussion.”

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Something more insidious undergirds the SEC’s proposal than its immediate effect on corporate behavior. The agency rationalizes its proposal as seeking “a tradeoff between reducing regulatory burdens … and promoting efficient financial markets through timely disclosure.”

The problem here, Kelleher points out, is that “reducing regulatory burdens” isn’t part of the SEC’s mission in any way, shape or form. It’s a regulatory agency, and its mission since its founding in 1934 has been to protect investors, not to make things fluffier for stock issuers.

The history of financial disclosure in the U.S. shows a long-term trend favoring more disclosure, not less. In the 1880s, quarterly reporting by railroads and other transportation companies were common.

Early on, pressure for more frequent disclosure came not from government regulators, who barely existed before 1934, but from investors. The reporting of quarterly earnings, notes corporate finance expert Owen Lamont of Acadian Asset Management, was “a bottom-up historical phenomenon reflecting voluntary arrangements between firms and investors, not a top-down phenomenon imposed by law.”

By 1931, according to financial historians, 63% of New York Stock Exchange-listed firms were publishing their quarterly earnings. The Big Board mandated that frequency for most listed companies in 1939. The SEC mandated semiannual reports in 1955 and quarterly reports, as Atkins said, in 1970.

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The evidence in favor of dropping the quarterly reports is uniformly thin. Some advocates cite a 2018 op-ed in the Wall Street Journal by JPMorgan Chase CEO Jamie Dimon and Warren Buffett that was headlined “Short-Termism Is Harming the Economy.”

Couple of points about this: First, the target of Dimon and Buffett wasn’t quarterly financial reporting, but quarterly earnings guidance — that is, the practice of some top executives who project their earnings into the future. (This guidance usually comes at the same time they issue their SEC disclosures.)

It’s guidance, they wrote, that is “a major driver” of short-termism in corporate behavior. That’s because management is giving itself a target it feels obligated to meet, even if factors outside its control interfere with the quest.

Furthermore, Dimon and Buffett wrote, “Our views on quarterly earnings forecasts should not be misconstrued as opposition to quarterly and annual reporting.” They called transparency about financial and operating results “an essential aspect of U.S. public markets … so that the public, including shareholders and other stakeholders, can reliably assess real progress.”

Individual investors may be unmoved by the SEC’s proposal because — let’s be candid — how many of them read quarterly earnings reports, anyway? But that’s unimportant, Kelleher says, because other market participants are reading them. “So that information is in the marketplace, and that’s what actually enables price discovery, so stock prices roughly reflect what’s going on at a company, most of the time.”

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More to the point, the quarterly reports reflect the highest-quality, detailed information, the information the SEC requires executives to disclose on pain of facing a civil lawsuit from the agency or even criminal liability for faking data. “Main Street investors, whether they read quarterly reports or not, are the real beneficiaries,” Kelleher says.

That’s so. The bottom line is that quarterly financial reporting helps investors. It doesn’t promote short-term behavior and its costs, modest as they are, don’t outweigh its benefits.

Over the decades, scandal-ridden corporations have hidden fraudulent behavior in the interstices between mandated disclosures—think Enron, WorldCom and Tyco, among others. Why give any corporation, even an honest one, the opportunity to disclose less?

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Fire-damaged Pacific Palisades shopping center sets reopening date

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Fire-damaged Pacific Palisades shopping center sets reopening date

The luxury shopping center in Pacific Palisades will reopen next month after more than $100 million in renovations forced by the January 2025 wildfire that devastated the Los Angeles neighborhood.

Palisades Village will reopen Aug. 15, owner Rick Caruso announced Wednesday. The outdoor center survived the blaze that destroyed homes and other businesses but needed refurbishment to eliminate contaminants that the fire could have spread.

Crews are putting finishing touches on mall buildings after tearing them down to the studs, treating the wood and rebuilding the walls, Caruso said.

“Everybody’s working, and stores are moving their products in,” he said. “It’s a really cool feeling that people have really locked arms and are working together.”

An electrician installs lighting for a restaurant at Rick Caruso’s Palisades Village on Thursday. The shopping center is scheduled to reopen mid-August.

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(Myung J. Chun / Los Angeles Times)

Pacific Palisades resident Allison Polhill, who is rebuilding the home of 30 years that her family lost in the blaze, said she is “thrilled” at the prospect of returning to the mall she used to frequent. Its comeback is a boost for the community, she said.

“Every single step that we make to reopen our commercial corridors is going to bring more people back into the Palisades,” said Polhill, who expects to move back into her home at the end of August.

A total of 6,822 structures were destroyed in the Palisades fire, including more than 5,500 residences and 100 commercial businesses, according to the California Department of Forestry and Fire Protection.

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Caruso previously attributed the mall’s survival to the hard work of private firefighters and the fire-resistant materials used in the mall’s construction.

The $200-million shopping and dining center opened in 2018 with a movie theater and a roster of upmarket tenants, including Erewhon, which may be the only grocer in the heart of the fire-ravaged neighborhood when it opens.

Caruso’s company was able to fill the mall with tenants despite the long shutdown.

Palisades Village is 99% leased, with the majority of tenants returning, said Jackie Levy, chief financial and revenue officer. Nearly one-third of the shops and restaurants are new to the property.

A firefighter carries a hose back to his rig while walking through a destroyed home in Pacific Palisades.

A firefighter carries a hose back to his rig while walking through a destroyed home from the Palisades fire in Pacific Palisades on Jan. 7, 2025.

(Genaro Molina / Los Angeles Times)

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Last year, Pacific Palisades-based fashion designer Elyse Walker said she would reopen her eponymous store in Palisades Village after losing her 25-year flagship location on Antioch Street to the inferno.

Other neighborhood shops destroyed in the fire that are reopening at the mall include K Bakery and Loomey’s Toys, which caters to children up to age 12 and used to be across the street from Palisades Elementary Charter School.

“It’s been a journey and I’m excited because I wasn’t sure that there was going to be a place to come back to,” said toy store owner Amanda Rastegar. “Hopefully we can bring some of that magic back.”

Rastegar’s home in the Palisades survived but was damaged by the fire. The family returned about eight weeks ago. Her last memory of the fire was a burning supermarket.

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“I just couldn’t wrap my brain around what was happening,” she said. “By the time I left, Gelson’s was on fire.”

Among the returning tenants is Angelini Ristorante & Bar. Well-known Los Angeles chef Gino Angelini said he will be in the kitchen next month for a return of the Italian restaurant.

“We won’t do a big celebrity open,” he said. “We want to have a very soft opening and see our customers come back.”

Construction takes place at Rick Caruso's Palisades Village

Construction takes place at Rick Caruso’s Palisades Village on Thursday. The shopping center is scheduled to reopen mid-August.

(Myung J. Chun / Los Angeles Times)

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An elaborate celebration would not feel “correct for me,” Angelini said, because the devastation has been “very sad” for so many.

Other new tenants include local chef Nancy Silverton, who has agreed to move in with a new Italian steakhouse called Spacca Tutto. Women’s activewear retailer LESET will open its first West Coast location.

Caruso said he is optimistic that customers will return to the center, even though many Pacific Palisades residents are still dispersed. One tracking system estimated that about 30% of the Village’s customer base was impacted by the fire, he said.

“That means 70% did not get impacted, so there’s a lot of customers still left out there,” Caruso said. Historically, the center drew customers from as far away as Beverly Hills and Calabasas, as well as Malibu, Brentwood and Santa Monica.

He also hopes many will be inspired to visit the revived mall.

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“I believe in the goodness of people and I believe that people are going to want to support the Palisades,” he said. “They’re going to want to be there and support the businesses that have had the courage and the heart to reopen.”

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