California
Federal shutdown stalls legal battles between California, Trump administration
Days before the Trump administration was supposed to file its response to a California lawsuit challenging its targeting of gender-affirming care providers, attorneys for the U.S. Justice Department asked a federal judge to temporarily halt the proceedings.
Given the federal shutdown, they argued, they just didn’t have the lawyers to do the work.
“Department of Justice attorneys and employees of the federal defendants are prohibited from working, even on a voluntary basis, except in very limited circumstances, including ‘emergencies involving the safety of human life or the protection of property,’” they wrote in their filing Oct. 1, the first day of the shutdown.
The district judge presiding over the case, which California filed in federal court in Massachusetts along with a coalition of other Democrat-led states, agreed, and promptly granted the request.
It was just one example of the now weeks-old federal shutdown grinding to a halt important litigation between California and the Trump administration, in policy battles with major implications for people’s lives.
The same day, in the same Massachusetts court, Justice Department attorneys were granted a pause in a lawsuit in which California and other states are challenging mass firings at the U.S. Department of Education, after noting that department funding had been suspended and it didn’t know “when such funding will be restored by Congress.”
The same day in U.S. District Court in Central California, the Trump administration asked for a similar pause in a lawsuit that it had brought against California, challenging the state’s refusal to provide its voter registration rolls to the administration.
Justice Department attorneys wrote that they “greatly regret any disruption caused to the Court and the other litigants,” but needed to pause the proceedings until they were “permitted to resume their usual civil litigation functions.”
Since then, the court in Central California has advised the parties of alternative dispute resolution options and outside groups — including the NAACP — have filed motions to intervene in the case, but no major developments have occurred.
The pauses in litigation — only a portion of those that have occurred in courts across the country — were an example of sweeping, real-world, high-stakes effects of the federal government shutdown that average Americans may not consider when thinking about the shutdown’s impact on their lives.
Federal employees working in safety and other crucial roles — such as air traffic controllers — have remained on the job, even without pay, but many others have been forced to stay home. The Justice Department did not spell out which of its attorneys had been benched by the shutdown, but made clear that some who had been working on the cases in question were no longer doing so.
Federal litigation often takes years to resolve, and brief pauses in proceedings are not uncommon. However, extended disruptions — such as one that could occur if the shutdown drags on — would take a toll, forestalling legal answers in some of the most important policy battles in the country.
California Atty. Gen. Rob Bonta, whose office has sued the Trump administration more than 40 times since January, has not challenged every request for a pause by the Trump administration — especially in cases where the status quo favors the state.
However, it has challenged pauses in other cases, with some success.
For example, in that same Massachusetts federal courthouse Oct. 1, Justice Department attorneys asked a judge to temporarily halt proceedings in a case in which California and other states are suing to block the administration’s targeted defunding of Planned Parenthood and other abortion providers.
Their arguments were the same as in the other cases: Given the shutdown, they didn’t have the attorneys to do the necessary legal work.
In response, attorneys for California and the other states pushed back, noting that the shutdown had not stopped Department of Health and Human Services officials from moving forward with the measure to defund Planned Parenthood — so the states’ residents remained at imminent risk of losing necessary healthcare.
“The risks of irreparable harms are especially high because it is unclear how long the lapse in appropriations will continue, meaning relief may not be available for months at which point numerous health centers will likely be forced to close due to a lack of funds,” the states argued.
On Oct. 8, U.S. District Judge Indira Talwani denied the government’s request for a pause, finding that the states’ interest in proceeding with the case “outweighs” the administration’s interest in pausing it.
Talwani’s argument, in part, was that her order denying a pause would provide Justice Department officials the legal authority to continue litigating the case despite the shutdown.
Bonta said in a statement that “Trump owns this shutdown” and “the devastation it’s causing to hardworking everyday Americans,” adding that his office will not let Trump use it to cause even more harm by delaying relief in court cases.
“We’re not letting his Administration use this shutdown as an excuse to continue implementing his unlawful agenda unchecked. Until we get relief for Californians, we’re not backing down — and neither are the courts,” Bonta said. “We can’t wait for Trump to finally let our government reopen before these cases are heard.”
Trump and Republicans in Congress have blamed the shutdown on Democrats.
California
Attorney disputes federal claims after ICE shooting in California; family seeks medical update
The attorney for the man shot by U.S. Immigration and Customs Enforcement agents in Patterson is disputing federal claims and raising questions about what led up to the shooting, and what’s happening now at the hospital.
Carlos Ivan Mendoza Hernandez’s fiancée and attorney say they still don’t know his condition and are struggling to get basic information from authorities.
They’re also disputing ICE’s version of events and point to court documents that they say tell a very different story.
“I have a lot of concern right now about getting info, finding out how is he doing, is he alive, is he recovering and what is his situation,” said Patrick Kolasinski, Hernandez’s attorney.
Dashcam video captured the moments Tuesday morning when Hernandez tried to pull away from agents who were attempting to arrest him as ICE said he is wanted for questioning in El Salvador in connection with a murder. Kolasinski speculated that his reaction may have been driven by fear.
“I wasn’t with him, I can only imagine if you see what’s happening in immigration detention and find yourself about to be detained,” Kolasinski said. “It’s normal to try and flee.”
ICE claims Hernandez is a member of the 18th Street gang and is wanted in El Salvador. But his attorney says none of that is true.
“Carlos is a family man who was on his way to work when he was detained by ICE. He has had no criminal contacts in the United States,” Kolasinski said.
Court documents from 2019 show Hernandez was charged with aggravated homicide, which was later reduced to simple homicide. The court documents also shows Hernandez was found not guilty.
“He was, in fact, acquitted, so he cannot possibly have a warrant out for his arrest,” Kolasinski said.
CBS Sacramento reached out to ICE regarding the court document from El Salvador, but has yet to hear back.
“I think the problem is the training,” Kolasinski said. “You have a not dangerous person and when they try to flee. First of all, the car was way too far behind. When you do a traffic stop, you pull up close behind. If you’ve ever gotten a ticket, you’ll see CHP is on your bumper. Why? So this can’t happen.”
Hernandez’s attorney and his fiancée both say they’re now struggling to get basic information.
“Sheriff’s office, no one, no one responded to me, being searching for answers,” said Cindy, Hernandez’s fiancée.
Cindy said she didn’t hear from the authorities first, but from her sister. After arriving at the hospital, she said an FBI agent took her into a room.
“He said, ‘I’m going to record you because I need to have this recorded, right?’ So I was expecting him to talk to me about Carlos. I literally asked how he’s doing, is he’s in the hospital. He said, ‘I cannot share any information. I’m not authorized.’”
CBS Sacramento reached out to the FBI and is awaiting a response.
As they wait for answers, she said this goes beyond just one case.
“Right now it’s me and that’s the reason I’m here. I’m also representing our community,” Cindy said. “I don’t want this situation to continue and continue blaming these people, in this case, Carlos.”
Right now, his family and his attorney say they’re still attempting to find out his condition.
Kolasinski said Wednesday evening that Hernandez is detained under the U.S. attorney’s office. Kolasinski added that Hernandez underwent a medical procedure, but the family doesn’t know his condition.
California
Tori Spelling speaks out after California car crash with seven children
Tori Spelling is feeling “grateful” after the “Beverly Hills, 90210” star and four of her children were involved in a serious car crash in California earlier this month.
“We are so grateful and so lucky, because it could have been so much worse,” Spelling said in a Tuesday Instagram video, adding that the last few days have been “overwhelming.”
The Riverside County Sheriff’s Office previously told NBC News the April 2 crash occurred after another driver allegedly ran a red light while speeding and hit Spelling’s car.
Spelling, 52, and seven children — four of her own and three of their friends — were taken to the hospital after the April 2 accident in Temecula, California. The sheriff’s officer said at the time that all occupants were evaluated at the scene, and no arrests were made. The cause of the collision, however, remains under investigation.
In the self-style video, Spelling detailed the incident from her point of view, saying that the driver who hit her car was “going crazy, crazy fast.”
“I’m just really grateful that in a split second, guardian angels were definitely with us that day, because in a split second, I looked to my right and I saw he was coming full on, full impact into the side of our car,” she said.
To avoid impacting the children as much as possible, Spelling said she had to turn hard left as fast as she could, causing them to spin out. TMZ, which first reported the incident, said Spelling and the children were treated for cuts, bruises, contusions, concussions, and other injuries.
“I just want to thank all of the first responders on the scene and to Inland Valley ER that took such great care of all of the kids and myself,” Spelling added in the video.
Video obtained by TMZ appeared to show Spelling speaking animatedly with first responders. Photos published by TMZ appeared to show Spelling’s car to be significantly less damaged than the other vehicle involved.
“I’m grateful to everyone who has reached out and repeatedly checked on us and offered to do whatever we needed to get us through this, and all the blessings everyone has sent,” Spelling added in the video.
Spelling shares five children with her ex-husband, Dean McDermott. It is unclear which of her four children was in the car involved in the crash.
California
California Assembly Health Committee passes ‘Next of Kin Notification’ bill
A bill sparked by a KCRA 3 investigation cleared its first hurdle in the California Legislature on Tuesday.Assembly Bill 2598 was introduced in response to KCRA’s “Dignity Delayed.” The investigation revealed a backlog of human remains after patient deaths at Dignity Health hospitals. The hospitals are accused of failing to notify families and county officials for months or even years after the deaths and, instead, leaving bodies to decompose in cold storage at an off-site morgue without a death certificate.In court records, Dignity Health said the COVID-19 pandemic and staffing issues caused delays, although they dispute that they did not initially try to contact next of kin.That is a dispute that is now being argued in civil court following lawsuits filed by families who say they were left in the dark about the deaths of their loved ones.In the meantime, AB 2598 aims to make it clear that notification of next of kin is required and that not doing so could have consequences.“This is necessary to fill a gap that we currently have in our law,” said the bill’s author, Assemblymember Maggy Krell, D-Sacramento.The bill states that the California Department of Health could dole out penalties of $200 a day for each day that a hospital fails to make a reasonable attempt to notify family. Fines would max out at $50,000. The California Hospital Association is proposing some amendments and clarifications to the bill, but there is currently no registered opposition to it.The Assembly Health Committee voted to pass the bill, and it is scheduled to be heard before the Assembly Judiciary Committee next.See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
A bill sparked by a KCRA 3 investigation cleared its first hurdle in the California Legislature on Tuesday.
Assembly Bill 2598 was introduced in response to KCRA’s “Dignity Delayed.” The investigation revealed a backlog of human remains after patient deaths at Dignity Health hospitals. The hospitals are accused of failing to notify families and county officials for months or even years after the deaths and, instead, leaving bodies to decompose in cold storage at an off-site morgue without a death certificate.
In court records, Dignity Health said the COVID-19 pandemic and staffing issues caused delays, although they dispute that they did not initially try to contact next of kin.
That is a dispute that is now being argued in civil court following lawsuits filed by families who say they were left in the dark about the deaths of their loved ones.
In the meantime, AB 2598 aims to make it clear that notification of next of kin is required and that not doing so could have consequences.
“This is necessary to fill a gap that we currently have in our law,” said the bill’s author, Assemblymember Maggy Krell, D-Sacramento.
The bill states that the California Department of Health could dole out penalties of $200 a day for each day that a hospital fails to make a reasonable attempt to notify family. Fines would max out at $50,000.
The California Hospital Association is proposing some amendments and clarifications to the bill, but there is currently no registered opposition to it.
The Assembly Health Committee voted to pass the bill, and it is scheduled to be heard before the Assembly Judiciary Committee next.
See more coverage of top California stories here | Download our app | Subscribe to our morning newsletter | Find us on YouTube here and subscribe to our channel
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