Prod Set 2 PDF

From:
"Sanchez, Arturo M" <CITY OF OAKLAND/CITY

CENTER/RECIPIENTS/SANCH9AM>
Sent:
5/31/2013 9:50:30 AM -0700
To:
"Crudele, Vincent" <CITY OF OAKLAND/CITY
CENTER/RECIPIENTS/CRUDE9V>
CC:
"Marcus, Nancy" <CITY OF OAKLAND/CITY
CENTER/RECIPIENTS/HUMAN SERVICES/MARCU9N>; "Sena,
Jennifer" <CITY OF OAKLAND/CITY
CENTER/RECIPIENTS/SILVA9J>; "Williams, Sharon J" <CITY OF
OAKLAND/CITY CENTER/RECIPIENTS/WILLI9S>; "Rachal, Anthony"
<CITY OF OAKLAND/CITY CENTER/RECIPIENTS/RACHA9A>;
"Cabral, Jorge" <CITY OF OAKLAND/CITY
CENTER/RECIPIENTS/CABRA9J>; "Espinoza, Pedro" <CITY OF
OAKLAND/CITY CENTER/RECIPIENTS/ESPIN9P>; "Ferran, Elias"
<CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/FERRA9E>; "Catano, Kim" <CITY OF
OAKLAND/CITY CENTER/RECIPIENTS/CATAN9K>; "Cook, Brigitte"
<CITY OF OAKLAND/CITY CENTER/RECIPIENTS/COOK9B>;
"Farmer, Casey" <CITY OF OAKLAND/CITY
CENTER/RECIPIENTS/FARME9C>; "McElhaney, Lynette" <CITY OF
OAKLAND/CITY CENTER/RECIPIENTS/MCELH9L>; "Wald, Zachary"
<CITY OF OAKLAND/CITY CENTER/RECIPIENTS/WALD9Z>
Subject:
Re: New Parish/Rock Steady
Was a notice issued? If we are to revoke we need a strong record of non compliance. Please
keep in mind difficulty we had with maxwells which was clearly a problem. One occurrence
will not be enough but we will need to afford them notice and opportunity to cure.
Nancy lets prepare something to send and include any notice or other document issued by
Vince.
Sent from my iPhone
On May 31, 2013, at 8:44 AM, "Crudele, Vincent" <VCrudele@oaklandnet.com> wrote:
All,
Please be advised that the New Parish is in violation of condition 3 - fire sprinkler system
and fire alarm system requirements effective at end of business today.
They continue to overcrowd their establishment during concert events, not keeping an
accurate count of persons on the interior. They are not allowed more than 299 persons.
They allow smoking inside a building which is not protected by a fire alarm system and full
fire sprinkler system, in violation of multiple California laws and are bold enough to post it
on social media.
They have continually IGNORED my verbal and written warnings to comply.
What is our next course of action? They have events coming up this weekend with
expected large sellout crowds.
Thank you,
Vince Crudele
Fire Inspector
Oakland Fire Department
From: Marcus, Nancy

Sent: Friday, February 01, 2013 5:05 PM
To: Sena, Jennifer; Williams, Sharon J; Rachal, Anthony; Crudele, Vincent; Sanchez,
Arturo M; Cabral, Jorge; Espinoza, Pedro; Ferran, Elias
Cc: Cook, Brigitte; Farmer, Casey; McElhaney, Lynette; Wald, Zachary
Subject: New Parish/Rock Steady
Attached are their permits and signed conditions.
Nancy Marcus
Special Business Permits
Office of the City Administrator
1 Frank H. Ogawa Plaza 11th Fl.
Oakland, CA 94612
510-238-3294
510-238-7084 (fax)
City offices closed February 11, 12 & 18, 2013
From:
Sent:
To:
CC:
Subject:

CENTER/RECIPIENTS/HUMAN SERVICES/MARCU9N>
5/31/2013 2:46:50 PM -0700
"Williams, Sharon J" <SWilliams2@oaklandnet.com>; "Sena, Jennifer"
<JSena2@oaklandnet.com>
"Crudele, Vincent" <VCrudele@oaklandnet.com>; "Sanchez, Arturo M"
<asanchez@oaklandnet.com>; "Cabral, Jorge"
<JCabral@oaklandnet.com>; "Espinoza, Pedro"
<PEspinoza@oaklandnet.com>; "Ferran, Elias"
<EFerran@oaklandcityattorney.org>; "Catano, Kim"
<KCatano@oaklandnet.com>; "Cook, Brigitte"
<BCook@oaklandnet.com>; "Farmer, Casey"
<CFarmer@oaklandnet.com>; "McElhaney, Lynette"
<lmcelhaney@oaklandnet.com>; "Wald, Zachary"
<ZWald@oaklandnet.com>; "Downing, David"
<DDowning@oaklandnet.com>; "Lewis, Eric"
<ELewis@oaklandnet.com>
RE: New Parish/Rock Steady
Inspector Crudele will be visiting New Parish on Monday. They had several items
which they were to comply with from a meeting we had with the operators in
February 2013. Depending on his findings will determine what may happen.
At this point, the only action that could be taken is from the Fire Department, as
they are exceeding their public assembly permit and allowing smoking to happen
indoors and have not installed the sprinkler/fire alarm systems. I will keep you all
posted on any actions taken.
Thanks,
Nancy Marcus
Oakland, CA 94612
510-238-3294
510-238-7084 (fax)
City offices will be closed June 14, 2013
From: Williams, Sharon J

Sent: Friday, May 31, 2013 8:51 AM
To: Marcus, Nancy; Sena, Jennifer
Cc: Crudele, Vincent; Sanchez, Arturo M; Cabral, Jorge; Espinoza, Pedro; Ferran, Elias; Catano,
Kim; Cook, Brigitte; Farmer, Casey; McElhaney, Lynette; Wald, Zachary; Downing, David;
Lewis, Eric
Subject: Re: New Parish/Rock Steady
Jenn and Nancy,
What are the next steps? Please forward all future correspondences to Acting
Captain E. Lewis.
Thanks
Sharon J. Williams
On May 31, 2013, at 8:44 AM, "Crudele, Vincent" <VCrudele@oaklandnet.com>

wrote:
All,
Please be advised that the New Parish is in violation of condition 3 - fire
sprinkler system and fire alarm system requirements effective at end of
business today.
They continue to overcrowd their establishment during concert events,

not keeping an accurate count of persons on the interior. They are not
allowed more than 299 persons.
They allow smoking inside a building which is not protected by a fire

alarm system and full fire sprinkler system, in violation of multiple
California laws and are bold enough to post it on social media.
They have continually IGNORED my verbal and written warnings to

comply.
What is our next course of action? They have events coming up this
weekend with expected large sellout crowds.
Thank you,
Vince Crudele
Fire Inspector
From: Marcus, Nancy

To: Sena, Jennifer; Williams, Sharon J; Rachal, Anthony; Crudele, Vincent;
Sanchez, Arturo M; Cabral, Jorge; Espinoza, Pedro; Ferran, Elias
Nancy Marcus
Oakland, CA 94612
510-238-3294
510-238-7084 (fax)
From:
Sent:
To:
CC:
Subject:

5/31/2013 8:44:38 AM -0700
"Marcus, Nancy" <NMarcus@oaklandnet.com>; "Sena, Jennifer"
<JSena2@oaklandnet.com>; "Williams, Sharon J"
<SWilliams2@oaklandnet.com>; "Rachal, Anthony"
<AKRachal@oaklandnet.com>; "Sanchez, Arturo M"
<asanchez@oaklandnet.com>; "Cabral, Jorge"
<JCabral@oaklandnet.com>; "Espinoza, Pedro"
<PEspinoza@oaklandnet.com>; "Ferran, Elias"
<EFerran@oaklandcityattorney.org>; "Catano, Kim"
<KCatano@oaklandnet.com>
"Cook, Brigitte" <BCook@oaklandnet.com>; "Farmer, Casey"
<CFarmer@oaklandnet.com>; "McElhaney, Lynette"
<lmcelhaney@oaklandnet.com>; "Wald, Zachary"
<ZWald@oaklandnet.com>
RE: New Parish/Rock Steady
All,
Please be advised that the New Parish is in violation of condition 3 - fire sprinkler
system and fire alarm system requirements effective at end of business today.
They continue to overcrowd their establishment during concert events, not keeping
an accurate count of persons on the interior. They are not allowed more than 299
persons.
They allow smoking inside a building which is not protected by a fire alarm system
and full fire sprinkler system, in violation of multiple California laws and are bold
enough to post it on social media.
They have continually IGNORED my verbal and written warnings to comply.
What is our next course of action? They have events coming up this weekend with
expected large sellout crowds.
Thank you,
Vince Crudele
Fire Inspector
From: Marcus, Nancy

To: Sena, Jennifer; Williams, Sharon J; Rachal, Anthony; Crudele, Vincent; Sanchez, Arturo M;
Cabral, Jorge; Espinoza, Pedro; Ferran, Elias
Nancy Marcus
Oakland, CA 94612
510-238-3294
510-238-7084 (fax)
From:
Sent:
To:

2/1/2013 7:48:18 PM -0800
'jason@thenewparish.com'; "Avila, Cesar" <CAvila@oaklandnet.com>;
"Sanchez, Arturo M" <asanchez@oaklandnet.com>;
'marc@thenewparish.com'; 'barry@thenewparish.com';
'bruceandrewhanson@yahoo.com'; "Sena, Jennifer"
<JSena2@oaklandnet.com>; "Cabral, Jorge"
<JCabral@oaklandnet.com>; "Ferran, Elias"
<EFerran@oaklandcityattorney.org>
Re: Overview of Action Plan for New Parish
Subject:
Jason,
You have responded with a very detailed understanding of the Fire Code requirements which
have been of concern and are on the right path.
Only one issue needs further clarification. With regards to Fire Watch / Security staff. Until such
time that your employed staff has obtained its own State issued guard cards, the New Parish /
Rock Steady shall utilise an outside licensed security service as was discussed in todays meeting
such as VMA or Admiral.
Security shall not only be posted at the entrance, counting the number of persons entering and
exiting, but shall also be patrolling the interior. Your number 1 hazard beyond overcrowding would
be fire caused by illegal smoking inside the clubs. Diligent enforcement of the NO SMOKING
regulations is a must. I suggest that during concert events your MC announce that smoking is
prohibited inside and advise patrons to use only the designated outdoor smoking area. The more
control your staff asserts in this regard from the very beginning the less likely this activity will
occur. The 2nd level shall be smoke free in the public use area.
I appreciate your willingness to correct these issues forthwith and will be available to assist you
should any questions come about. Please keep me posted with your progress via e-mail.
Thank you,
Vince
OFD
Vincent Crudele
Fire Inspector
Fire Prevention Bureau
Office of the Fire Marshal
510-755-5816 Cell
510-238-7391 Office
510-238-3851 Scheduling
From: jason100watt@gmail.com <jason100watt@gmail.com>
To: Crudele, Vincent; Avila, Cesar; Sanchez, Arturo M; marc@thenewparish.com
<marc@thenewparish.com>; Barry Smyth <barry@thenewparish.com>; Bruce Hanson
<bruceandrewhanson@yahoo.com>
Sent: Fri Feb 01 19:14:50 2013
Subject: Overview of Action Plan for New Parish
Inspector Crudele,
This is based upon our notes - please let me know if I am missing anything:
Entrance:
1) Post Occupancy of 299 and Permits at Front Door
2) Keep 2 click counts - those coming in and those coming out.
3) This will no longer be the entrance for the Rock Steady.
4) All guards to have guard cards within 30 days and licensed for this location.
5) Change the security jackets to a brighter color and with security on sleeve, back
and front
6) All Guards to carry flash lights, cell phones and an airhorn at all guard stations.
Courtyard:
1) Post Occupancy of 49 for courtyard and no smoking signs near Hallway door
2) Install Floor level Luminescent Exit signs at entrance to hallway.
3) Create a designated smoking area that is not near entrances nor exits and against
brick wall
New Parish - Ground Floor
1) Post No smoking signs across the back wall
2) Install Floor level Luminescent Exit signs at entrance to courtyard from bathroom
hallway
New Parish - Mezzanine Floor
1) Post 150 Person Occupancy Signs for the Mezzanine level and Post No smoking
signs across the back wall
2) Post NOT AN EXIT sign across door that leads to roof of hallway
3) Install Floor level Luminescent Exit signs at top of each staircase
4) Install a double sided Exit sign at the top of the south staircase.
5) Install an additional Extinguisher.
Band Green Room:
1) Install fire extinguisher and smoke alarm in room
2) install smoke alarm at top of stairs
3) Clear bottom of stairs of all refuse and building material.
4) Post NOT AN EXIT to door to roof.

GENERAL ITEMS:
1) Get three bids for a controlled interlock security and fire system and review with
OFD. Have System installed by 6/1/13. This process will be reviewed and approved
at every step by OFD.
2) Remove structure and canopies on roof and all furniture.
3) Review all procedures with security and institute a weekly check of all fire exit
signs
-----------------------Let me know and thanks.
Jason Perkins
Managing Partner
Parish Entertainment Group
11 Duboce Ave
San Francisco, CA 94103
P.888.477.9288
F.888.882.9281
*Please note new address!
The New Parish - thenewparish.com
Brick & Mortar Music Hall - brickandmortarmusic.com
The Rock Steady - therock-steady.com
Place Pigalle Wine Bar - placepigallesf.com
From:
Sent:
To:
CC:
Subject:

1/31/2013 9:38:49 AM -0800
"Sanchez, Arturo M" <asanchez@oaklandnet.com>
"Marcus, Nancy" <NMarcus@oaklandnet.com>; "Sena, Jennifer"
<JSena2@oaklandnet.com>; "Ferran, Elias"
RE: Parish Entertainment Group | Ticketfly
Arturo,
Copy that. I am documenting it all. I have a file started. Officer Sena and I have an on location
meeting with Jason today. I am adding an addendum to their existing assembly permit that
details ALL required CFC and CBC assembly codes for operation of an A type occupancy.
Vince
From: Sanchez, Arturo M

Sent: Thursday, January 31, 2013 9:36 AM
To: Crudele, Vincent
Cc: Marcus, Nancy; Sena, Jennifer; Ferran, Elias
Subject: Re: Parish Entertainment Group | Ticketfly
Print out to han out tomorrow and provide to Eli as well. Also start including him in
these convos.
Vince Could you please respond to Nancy's email to Jason this morning with this
same info (so that they don't say we did not warn them in advance) and make sure
you identify specific code violation sections and conditions cited remember!
Document document document!!
Sent from my iPhone
On Jan 31, 2013, at 9:29 AM, "Crudele, Vincent" <VCrudele@oaklandnet.com>
wrote:
All,
This web page lists the occupant load of the New Parish at 450 for ticket sales.
It lists Rock Steadys occupant load at 100 for ticket sales.
Both are over approved occupancy by both Building Code and Fire Code!
Hmmm.
Vince
From: Andrew Lee [mailto:75andrewlee@gmail.com]

Sent: Thursday, January 31, 2013 9:26 AM
Subject: Parish Entertainment Group | Ticketfly
http://start.ticketfly.com/client/parish-group-entertainment/
From:
"Rachal, Anthony" <CITY OF OAKLAND/CITY

CENTER/RECIPIENTS/RACHA9A>
Sent:
1/31/2013 5:12:44 PM -0800
To:
"Sanchez, Arturo M" <asanchez@oaklandnet.com>
CC:
"Williams, Sharon J" <SWilliams2@oaklandnet.com>; "Chan, Robert"
<RChan@oaklandnet.com>; "Joshi, Nishant"
<NJoshi@oaklandnet.com>; "Kroushour, Joe"
<JKroushour@oaklandnet.com>; "Ferran, Elias"
<EFerran@oaklandcityattorney.org>; "Marcus, Nancy"
<NMarcus@oaklandnet.com>
Subject:
Re: The New Parish 679 18th St.
Thank you and I received the cancellation notice which was what I desired.
AKR
Excuse brevity and typos
From: Sanchez, Arturo M
To: Rachal, Anthony
Cc: Williams, Sharon J; Chan, Robert; Joshi, Nishant; Kroushour, Joe; Ferran, Elias; Marcus, Nancy
Sent: Thu Jan 31 15:56:23 2013
Subject: Re: The New Parish 679 18th St.
DC Rachal
The operator is willing to cancel the concert. He has been in but i have been away
conference.
His public assembly permit was valid during inspection their real failure was 1. exceeding
occupancy load per OFD and 2. not renewing cabaret permit.
He has requested a one day permit because he was inspected by OFD and only one issue
regarding signage remains.
The ordinance as written leaves me little wriggle room once they comply with requirements
of OFD and ordinance.
I intend to meet tomorrow with them to discuss occupancy load new conditions and
smoking issues.
The balance here for me is difficult but I must defer to OPD on life health safety concerns.
Under most circumstances once OFD has reinspected I would issue temporary permit in
similar circumstances.
Just to be clear OPD recommends i deny request and hve him cancel today's event until
meeting and new conditions are resolved tomorrow correct?
Sent from my iPhone
On Jan 31, 2013, at 3:04 PM, "Rachal, Anthony" <AKRachal@oaklandnet.com> wrote:
Arturo,
I just received a call from Ofc. Kroushour of ABAT placed during his inspection of The
New Parish club with the Fire Marshal. Ofc. Kroushour learned The New Parish club has a
planned concert scheduled for this evening involving a traveling band. Although Ofc.
Kroushour reminded the owner, Michael OConnor, of the cabaret Cease and Desist order;
it appears Mr. OConnor does not intend to comply. I have directed my staff to shut down
any cabaret activity this evening. I would prefer, of course, that we receive voluntary
compliance from Mr. OConnor to avoid the need for enforcement action using precious
Patrol resources.
I understand that you may have recently discussed the Cease and Desist order with Mr.
OConnor, please promptly call or visit him to convey our stance on this issue.
Thank you,
Anthony K. Rachal
Interim Deputy Chief of Police
Bureau of Field Operations - 1
[510] 238-3075
The mission of the Oakland Police Department is to provide the people of Oakland an environment
where they can live, work, play, and thrive free from crime and the fear of crime.
<image002.png>
From:
Sent:
To:
Subject:
"Rachal, Anthony" <CITY OF OAKLAND/CITY

CENTER/RECIPIENTS/RACHA9A>
1/31/2013 5:09:02 PM -0800
"Marcus, Nancy" <NMarcus@oaklandnet.com>; "Chan, Robert"
<RChan@oaklandnet.com>; "Kroushour, Joe"
<JKroushour@oaklandnet.com>; "Ferran, Elias"
<EFerran@oaklandcityattorney.org>; "Williams, Sharon J"
<SWilliams2@oaklandnet.com>
Re: event cancellation
Thank you
AKR
Excuse brevity and typos
----- Original Message ----From: Marcus, Nancy

To: Chan, Robert; Kroushour, Joe; Ferran, Elias; Rachal, Anthony; Williams, Sharon
J
Sent: Thu Jan 31 16:58:58 2013
Subject: FW: event cancellation
Sorry, sent the first one out. Here's the confirmation of his cancellation.
-----Original Message----From: Marcus, Nancy
Sent: Thursday, January 31, 2013 4:58 PM
To: Rachal, Anthony; Williams, Sharon J
Subject: FW: event cancellation
-----Original Message----From: Michael O'connor [mailto:mocbooking@gmail.com]

Sent: Thursday, January 31, 2013 4:32 PM
To: Marcus, Nancy; Sanchez, Arturo M
Subject: event cancellation
Hi Nancy,
Thanks for trying to get in touch with Arturo.
The artist has decided that there is no longer enough time to set up for the show.
We had 5 people staffed here since 1 pm to load in and we have a $3700 guarantee
with the artist which has now been paid out and all tickets have been refunded.
5 people were already in line for the show and literally 4 of them started to cry when
we posted the cancellation.
We'll see you bright and chipper tomorrow at 11:30.
I believe we have all the paperwork required for the meeting.

If we are not allowed to open this weekend we will suffer HUGE blow to out
reputation for being a good business in Oakland. The New Parish has a great
reputation with a diverse and wide amount of people throughout Oakland and the
Bay Area.
We have brought the City of Oakland minimal problems and hastle and have
contributed a couple hundred thousand in sales taxes.
We revitalized a blighted building and we created a Michelin award winning
restaurant that closed down due to monthly losses simultaneous to the Frank Ogawa
Plaza Occupy Debacle.
In addition we have created jobs and employment for a lot of people as well as a
nationally known home for Eastbay musicians.
We are completely committed to working with the City to resolve these matters but
this is going too far.
Thanks
-Michael O'Connor
1.888.477.9288 (of)
1.888.882.9288 (f)
415.637.1435 (c)
www.thenewparish.com-booking/partner
www.brickandmortarmusic.com- booking/partner www.independentsf.com - partner
From:
Sent:
To:
CC:
Subject:

8/13/2013 2:54:01 PM -0700
Oscar Edwards <officialevents1@gmail.com>; "Marcus, Nancy"
<NMarcus@oaklandnet.com>
"Espinoza, Pedro" <PEspinoza@oaklandnet.com>; "Ferran, Elias"
RE: Advertisement
Oscar,
I will tell you that there is a significant difference between your advertisements and the
advertisements you claim that you are being consistent with. For all others if their
concerts/acts/shows are open to the general public then they do not make then 18+, which is
the issue that you have that places you in violation. When we talked what I told you was:
1.
That you cannot have events that catered to 18+
2.
That as a restaurant and concert facility of course you can and must let minors in, but that did
not mean that you could turn around and advertise a concert as 18+. What that means is you
must let in all ages (as the new parish show does, the karibean city poster makes no indication if
its 18+ if it did then I would discuss it with them). At no time did we make any statements that
would make this unclear, and any indication by you below that this was not clear is ludicrous.
So let me be as crystal clear as possible. You cannot conduct 18+ events or parties. You can
allow minors in to your shows/concerts/events and restaurants when appropriate as do other
facilities like new parish which advertised their event as all ages. You must under state law
allow minors into your restaurant.
3.
Any attempt to hold an event for 18+ would be viewed as violation worthy of denying/revoking
your permit.
You are clearly attempting to circumvent the purpose and reason for which we have added a
very specific condition, that is based on your history as a promoter and the events that you
have been affiliated with. Your poster is not consistent with those you have supplied and it is
not in compliance with the condition of which you were advised.
I will not tolerate attempts to circumvent or maneuver around the conditions that Sgt. Espinoza
and I have made clear to you. This advertisement and your response and attempt to allege that
you are compliant will be considered as I determine whether or not to deny your cabaret.
AMS
This communication constitutes an electronic communication within the meaning of the

Electronic Communications Privacy Act, 18 USC 2510, and its disclosure is strictly limited to the
recipient intended by the sender of this message. This communication may contain confidential
and privileged material for the sole use of the intended recipient and receipt by anyone other
than the intended recipient does not constitute a loss of the confidential or privileged nature of
the communications. Any review or distribution by others is strictly prohibited. If you are not
the intended recipient please contact the sender by return electronic mail and delete all copies
of this communication.
From: Oscar Edwards [mailto:officialevents1@gmail.com]

Sent: Monday, August 12, 2013 11:36 PM
To: Marcus, Nancy
Cc: Sanchez, Arturo M; Espinoza, Pedro
Subject: Re: Advertisement
HERE ARE LINKS TO EXAMPLES OF OTHER CONCERTS AT OTHER VENUES THAT

THIS CONCERT BUYERS HAVE DONE....
http://www.thenewparish.com/event/143047-leela-james-oakland/
On Mon, Aug 12, 2013 at 11:26 PM, Oscar Edwards <officialevents1@gmail.com>

wrote:
HELLO EVERYONE I THINK THERE IS A MISUNDERSTANDING. I WOULD NOT
JEOPARDIZE MY HARDWORK OR THE VENUE FOR ANYTHING. I AM 100%
FOLLOWING EVERY RULE THAT THE CITY HAS TOLD ME TO DO. I HAVEN'T TO MY
KNOWLEDGE VIOLATED ANY CONDITIONS OR AGREEMENTS THAT WAS GIVEN TO
ME BY SGT. ESPINOZA OR ARTURO. BELOW I HAVE ADDRESSED BOTH COMMENTS.
1)
Using an outside promoter
1A) I am not using any outside promoters , Sean Healy and Tastemaker Live are our in-house
talent buyers for grand-live. I have legally binding contract with them as my in-house talent
buyers. I think it was a misunderstanding in the printing of the flyer, with them and us. I am
having it corrected, I am also having them fillout live scan information (like you requested nancy)
being that they are located in la , so that you have there info too...
2)
Advertising event is for 18+
2a) I must need clarification, because at my last meeting with Arturo,and Sgt. Espinoza they said
I couldn't do 18+ parties. They said I could have 18+ concerts. I talked to both of they about what
was happening on the 3rd floor, how it was a concert hall similar to new parish, and how we
would do all in-house concerts and bookings. I had no idea that i couldn't do 18+ or all age
concerts. I have no reason or thought to break or violate the rules that have been set-forth for
me.
I well stop by the office in the morning to clarify anything that may have been misunderstood or
misconstrued.
Respectfully,
Oscar Edwards
On Mon, Aug 12, 2013 at 2:46 PM, Marcus, Nancy <NMarcus@oaklandnet.com>

wrote:
Oscar,
Found this Advertisement (attached) for September 1st.
This violates 2 to the conditions you agreed to with Sgt. Espinoza and Arturo when
discussing your conditions for the cabaret permit.
1)
2)
Using an outside promoter and

Advertising event is for 18+
Arturo: how would you like to proceed?
Thanks,
Nancy Marcus

Oakland, CA 94612
510-238-3294
510-238-7084 (fax)
City offices will be closed September 2, 2013
From:
Sent:
To:
Subject:

7/26/2013 1:04:44 PM -0700
"Espinoza, Pedro" <CITY OF OAKLAND/CITY
CENTER/RECIPIENTS/ESPIN9P>; "Marcus, Nancy" <CITY OF
OAKLAND/CITY CENTER/RECIPIENTS/HUMAN
SERVICES/MARCU9N>; "Crudele, Vincent" <CITY OF
OAKLAND/CITY CENTER/RECIPIENTS/CRUDE9V>; "Sena, Jennifer"
<CITY OF OAKLAND/CITY CENTER/RECIPIENTS/SILVA9J>;
"Ferran, Elias" <CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/FERRA9E>
New Parish Owners to Open New Temescal Venue | Culture Spy
So I think that this is a testament to the great work you all do!! Especially since
Vince is driving them really hard on the fire issue now, and even in spite of that
Jason thinks we are easier to work with.
http://www.eastbayexpress.com/CultureSpyBlog/archives/2013/07/24/new-parishowners-to-open-new-temescal-venue
Sent from my iPad
From:
Sent:
To:
jason perkins <jason100watt@gmail.com>

6/25/2014 12:04:11 PM -0700
Jason Perkins <jason@pegcollective.org>; Michael O'connor
<mocbooking@gmail.com>; "Cabral, Jorge" <CITY OF
OAKLAND/CITY CENTER/RECIPIENTS/CABRA9J>; "Sena, Jennifer"
<CITY OF OAKLAND/CITY CENTER/RECIPIENTS/SILVA9J>;
"Lindsey, Drennon" <CITY OF OAKLAND/CITY
CENTER/RECIPIENTS/LINDS9D>; "Allison, Michelle" <CITY OF
OAKLAND/CITY CENTER/RECIPIENTS/ALLIS9M>; "Ferran, Elias"
<CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/FERRA9E>; "Minor, Gregory" <CITY OF
OAKLAND/CITY CENTER/RECIPIENTS/MINOR9G>; "Griffin, Leroy"
<CITY OF OAKLAND/CITY CENTER/RECIPIENTS/GRIFF9LE>
Re: Wormhole Wednesdays
CC:
Subject:
Nancy
I got it and I will inform our co-promoters about tonight and again, thanks for working with
us and your time.
Jason Perkins
Parish Group
P:888.477.9288
F:888.882.9288
On Jun 25, 2014, at 11:37, "Marcus, Nancy" <NMarcus@oaklandnet.com> wrote:
Thanks Jason, as I mentioned Officer Cabral is not in the office. You will need to reach out
to him tomorrow.
Thanks for clarifying the courtyard stage wont be happening.
RE: going to 4am:
COMMON YARD INC.
579 18th STREET
OAKLAND, CA 94612
SPECIAL ACTIVITY PERMIT FOR:
COMMON YARD INC.
To:
OPERATE A CABARET WITH EXTENDED HOURS 8:00pm to 4:00am ONLY
ON DAYS
SUBMITTED ON MONTHLY CALENDAR OR BY SPECIAL ARRANGEMENT.
At:
579 18TH STREET
Under the Name of:
NEW PARISH
Conditions of Approval:
ordinances,
the following conditions:
In accordance with the provisions of existing city

this permit is issued with
1. Permittee shall comply with all of the conditions attached to your General Cabaret Permit
CA14-022 and Conditions of Approval, including any supplemental conditions.
2. You are required to give 30 days advance notice of your calendar of events. A copy of
your calendar of events should be furnished to OPD Special Events (Fax: 238-8979 or
email: jcabral@oaklandnet.com) and to the City Administrators Office (Fax: 238-7084
or email: nmarcus@oaklandnet.com).
3. Any changes to your calendar after submission, requires immediate notice to Special
Events Unit (jcabral@oaklandnet.com) and the City Administrators Office
(nmarcus@oaklandnet.com).
If your calendar or a notice to change your calendar submission was not previously sent,
you should not go until 4am. I know I dont have a calendar on file for you for June. Since
this is a new event for New Parish, I cannot verify the notification for the event to go
until 4am.
Nancy Marcus
Oakland, CA 94612
510-238-3294
510-238-7084 (fax)
City offices will be closed July 4, 2014
From: jason100watt@gmail.com [mailto:jason100watt@gmail.com] On Behalf Of Jason

Perkins
Sent: Wednesday, June 25, 2014 11:17 AM
To: Marcus, Nancy
Cc: Michael O'connor; Cabral, Jorge; Sena, Jennifer; Lindsey, Drennon; Allison, Michelle;
Ferran, Elias; Minor, Gregory; Griffin, Leroy
Subject: Re: Wormhole Wednesdays
Nancy,
We just moved this party over at the last second and are
working details out:
- We do not have an outside stage - we never will and
never have as its way, way too much hassle.
- We are working on this event with them - we

understand that we can co-promote events til 4am the
same as our other events but I will reach out to Officer
Cabral and work that out and make sure we are in
compliance.
- The New Parish always sticks to our capacity limit
and this party is a DJ party and not a show which means
that people flow in and out and I highly, highly doubt
we will hit capacity on their first time on a Wed.
I know they outgrew ERA and I think this party makes
much more sense at our venue but we will be sure to
watch the line, crowd and capacity.
My cell number is
questions
if anyone has
Jason
Jason Perkins
Parish Group
888.477.9288
<~WRD000.jpg>
On Wed, Jun 25, 2014 at 10:39 AM, Marcus, Nancy <NMarcus@oaklandnet.com>

wrote:
Michael & Jason,
Just found this advertisement that Wormhole Wednesdays has moved from ERA
(which weve been logging numerous complaints about the loud music from
residents) to New Parish.
Concerns:
1) Do you have this on your calendar to go to 4am? If not, that is a condition of
your extended hours permit. Should not happen if you had not listed this on the
monthly calendar you are required to submit.
2) Courtyard stage not after 10pm at night. OMC 12.56 12.56.030 Permit issuance conditions. No permit shall issue to permit operation of
sound amplification equipment in a manner other than that prescribed by
this chapter if: The equipment is to be used or operated out-of-doors or
indoors but used or operated to reach persons out-of-doors between the
hours of ten p.m. and nine-thirty a.m.
3) Wormhole Wednesdays may require a special event permit which I dont
believe your extended hours permit may cover, as it is not your event its just
housed at your venue. Please reach out to Officer Cabral at 777-8525 (just heard he
is not in today, but you can call tomorrow regarding future dates) for clarification of
the need (or not) of a special event permit.
4) Please make sure that you do not go over your occupancy of 299. Remember
this count includes all persons in the facility (staff, entertainers, security, etc.) not
just patrons allowed. Facebook indicates 947 going (and we realize this is not a
definite #), but still want to make sure you dont over crowd your venue and if you
have a line outside, that you have staff to keep the crowd under control.
Call me if you have any questions.

<image001.png>
Nancy Marcus
Oakland, CA 94612
510-238-3294
510-238-7084 (fax)
From:
Sent:
To:
CC:
Subject:
jason100watt@gmail.com
6/25/2014 11:17:22 AM -0700
Michael O'connor <mocbooking@gmail.com>; "Cabral, Jorge" <CITY
OF OAKLAND/CITY CENTER/RECIPIENTS/CABRA9J>; "Sena,
Jennifer" <CITY OF OAKLAND/CITY
CENTER/RECIPIENTS/SILVA9J>; "Lindsey, Drennon" <CITY OF
OAKLAND/CITY CENTER/RECIPIENTS/LINDS9D>; "Allison,
Michelle" <CITY OF OAKLAND/CITY
CENTER/RECIPIENTS/ALLIS9M>; "Ferran, Elias" <CITY OF
OAKLAND/CITY ATTORNEY'S OFFICE/RECIPIENTS/FERRA9E>;
"Minor, Gregory" <CITY OF OAKLAND/CITY
CENTER/RECIPIENTS/MINOR9G>; "Griffin, Leroy" <CITY OF
OAKLAND/CITY CENTER/RECIPIENTS/GRIFF9LE>
Re: Wormhole Wednesdays
Nancy,
We just moved this party over at the last second and are working details out:
- We do not have an outside stage - we never will and never have as its way, way too much hassle.
- We are working on this event with them - we understand that we can co-promote events til 4am the same as our other events but I will
reach out to Officer Cabral and work that out and make sure we are in compliance.
- The New Parish always sticks to our capacity limit and this party is a DJ party and not a show which means that people flow in and out and I
highly, highly doubt we will hit capacity on their first time on a Wed.
I know they outgrew ERA and I think this party makes much more sense at our venue but we will be sure to watch the line, crowd and
capacity.
My cell number is
Jason
Jason Perkins
Parish Group
888.477.9288
if anyone has questions
On Wed, Jun 25, 2014 at 10:39 AM, Marcus, Nancy <NMarcus@oaklandnet.com> wrote:
Michael & Jason,
Just found this advertisement that Wormhole Wednesdays has moved from ERA (which weve been logging numerous complaints about the loud music from residents) to New Parish.
Concerns:
1) Do you have this on your calendar to go to 4am? If not, that is a condition of your extended hours permit. Should not happen if you had not listed this on the monthly calendar you are
required to submit.
2) Courtyard stage not after 10pm at night. OMC 12.56 12.56.030 - Permit issuance conditions. No permit shall issue to permit operation of sound amplification equipment in a manner other than that prescribed by this
chapter if: The equipment is to be used or operated out-of-doors or indoors but used or operated to reach persons out-of-doors between the hours of ten p.m. and nine-thirty a.m.
3) Wormhole Wednesdays may require a special event permit which I dont believe your extended hours permit may cover, as it is not your event its just housed at your venue. Please
reach out to Officer Cabral at 777-8525 (just heard he is not in today, but you can call tomorrow regarding future dates) for clarification of the need (or not) of a special event permit.
4) Please make sure that you do not go over your occupancy of 299. Remember this count includes all persons in the facility (staff, entertainers, security, etc.) not just patrons allowed.
Facebook indicates 947 going (and we realize this is not a definite #), but still want to make sure you dont over crowd your venue and if you have a line outside, that you have staff to keep
the crowd under control.
From:

6/25/2014 11:37:22 AM -0700
Jason Perkins <jason@pegcollective.org>
Michael O'connor <mocbooking@gmail.com>; "Cabral, Jorge"
<JCabral@oaklandnet.com>; "Sena, Jennifer"
<JSena2@oaklandnet.com>; "Lindsey, Drennon"
<DLindsey@oaklandnet.com>; "Allison, Michelle"
<MAllison@oaklandnet.com>; "Ferran, Elias"
<EFerran@oaklandcityattorney.org>; "Minor, Gregory"
<GMinor@oaklandnet.com>; "Griffin, Leroy"
<LGriffin@oaklandnet.com>
RE: Wormhole Wednesdays
Sent:
To:
CC:
Subject:
Thanks Jason, as I mentioned Officer Cabral is not in the office. You will need to reach out to him tomorrow.
Thanks for clarifying the courtyard stage wont be happening.
RE: going to 4am:

COMMON YARD INC.
579 18th STREET
OAKLAND, CA 94612
SPECIAL ACTIVITY PERMIT FOR:
To:
COMMON YARD INC.
OPERATE A CABARET WITH EXTENDED HOURS 8:00pm to 4:00am ONLY ON DAYS

SUBMITTED ON MONTHLY CALENDAR OR BY SPECIAL ARRANGEMENT.
At:
579 18TH STREET
Under the Name of:
NEW PARISH
Conditions of Approval:
In accordance with the provisions of existing city ordinances,
this permit is issued with the following conditions:
1. Permittee shall comply with all of the conditions attached to your General Cabaret Permit CA14-022 and Conditions of Approval, including any supplemental conditions.
2. You are required to give 30 days advance notice of your calendar of events. A copy of your calendar of events should be furnished to OPD Special Events (Fax: 238-8979 or email: jcabral@oaklandnet.com) and to
the City Administrators Office (Fax: 238-7084 or email: nmarcus@oaklandnet.com).

3. Any changes to your calendar after submission, requires immediate notice to Special Events Unit (jcabral@oaklandnet.com) and the City Administrators Office (nmarcus@oaklandnet.com).
If your calendar or a notice to change your calendar submission was not previously sent, you should not go until 4am. I know I dont have a calendar on file for you for June. Since this is a new event for New
Parish, I cannot verify the notification for the event to go until 4am.
Nancy Marcus

Oakland, CA 94612
510-238-3294
510-238-7084 (fax)
From: jason100watt@gmail.com [mailto:jason100watt@gmail.com] On Behalf Of Jason Perkins

Sent: Wednesday, June 25, 2014 11:17 AM
To: Marcus, Nancy
Cc: Michael O'connor; Cabral, Jorge; Sena, Jennifer; Lindsey, Drennon; Allison, Michelle; Ferran, Elias; Minor, Gregory; Griffin, Leroy
Subject: Re: Wormhole Wednesdays
Nancy,
We just moved this party over at the last second and are working details out:
- We do not have an outside stage - we never will and never have as its way, way too much hassle.
- We are working on this event with them - we understand that we can co-promote events til 4am the
same as our other events but I will reach out to Officer Cabral and work that out and make sure we are
in compliance.
- The New Parish always sticks to our capacity limit and this party is a DJ party and not a show which
means that people flow in and out and I highly, highly doubt we will hit capacity on their first time on a
Wed.
I know they outgrew ERA and I think this party makes much more sense at our venue but we will be
sure to watch the line, crowd and capacity.
My cell number is
Jason
if anyone has questions
Jason Perkins
Parish Group
888.477.9288
On Wed, Jun 25, 2014 at 10:39 AM, Marcus, Nancy <NMarcus@oaklandnet.com> wrote:
Michael & Jason,
Concerns:
1) Do you have this on your calendar to go to 4am? If not, that is a condition of your extended hours permit. Should not happen if you had not listed this on the monthly calendar you
are required to submit.
2) Courtyard stage not after 10pm at night. OMC 12.56 12.56.030 - Permit issuance conditions. No permit shall issue to permit operation of sound amplification equipment in a manner other than that prescribed by this
chapter if: The equipment is to be used or operated out-of-doors or indoors but used or operated to reach persons out-of-doors between the hours of ten p.m. and nine-thirty a.m.
3) Wormhole Wednesdays may require a special event permit which I dont believe your extended hours permit may cover, as it is not your event its just housed at your venue. Please
4) Please make sure that you do not go over your occupancy of 299. Remember this count includes all persons in the facility (staff, entertainers, security, etc.) not just patrons allowed.
From:
Sent:
To:
CC:
Subject:

6/25/2014 10:39:58 AM -0700
mocbooking@gmail.com; jason@thenewparish.com
"Cabral, Jorge" <JCabral@oaklandnet.com>; "Sena, Jennifer"
<JSena2@oaklandnet.com>; "Lindsey, Drennon"
<DLindsey@oaklandnet.com>; "Allison, Michelle"
<MAllison@oaklandnet.com>; "Ferran, Elias"
<EFerran@oaklandcityattorney.org>; "Minor, Gregory"
<GMinor@oaklandnet.com>; "Griffin, Leroy"
<LGriffin@oaklandnet.com>
Wormhole Wednesdays
Michael & Jason,
Concerns:
1)
Do you have this on your calendar to go to 4am? If not, that is a condition of your extended hours permit. Should not happen if you had not listed this on the monthly calendar you are
required to submit.
2)
Courtyard stage not after 10pm at night. OMC 12.56 12.56.030 - Permit issuance conditions. No permit shall issue to permit operation of sound amplification equipment in a manner other than that prescribed by this chapter
if: The equipment is to be used or operated out-of-doors or indoors but used or operated to reach persons out-of-doors between the hours of ten p.m. and nine-thirty a.m.
3)
Wormhole Wednesdays may require a special event permit which I dont believe your extended hours permit may cover, as it is not your event its just housed at your venue. Please
4)
Please make sure that you do not go over your occupancy of 299. Remember this count includes all persons in the facility (staff, entertainers, security, etc.) not just patrons allowed.
From:
Sent:
To:
CC:
Subject:

9/15/2014 11:41:03 AM -0700
"Minor, Gregory" <GMinor@oaklandnet.com>; "Ferran, Elias"
RE: Status update and a question from the Uptown neighbors
Sent a message to New Parish, and they said they did not have anything at New
Parish until 10pm last night.
I don't know what you could have been hearing at 7pm. One of the owners said
they were at the New Parish in a meeting, and no entertainment started until 10pm.
Is there a club that we're missing?????
Nancy Marcus
Oakland, CA 94612
510-238-3294
510-238-7084 (fax)
City offices will be closed November 11, 27 & 28 2014
-----Original Message----From:
Sent: Sunday, September 14, 2014 7:05 PM
To: Marcus, Nancy
Subject: Status update and a question from the Uptown neighbors
Hello Nancy,
How are you?
I've been talking to more neighbors at the Uptown and I can tell that everybody is
irritated by the New Parish's noise and their customers.
It's 7pm on a Sunday and their music is so loud it's actually overpowering the sound
of my own tv! I'm so pissed knowing that this is just the beginning of the evening
that I'm having a slight anxiety attack... One more night I won't be able to sleep
until 3am!
Last week again was terrible around here! Parties almost every night! Some of them
were louder than the others... But it's ON ALL THE TIME!!!
Not to mention the people who get drunk at the New Parish, then shouting, fighting,
and urinating at out buildings! About a week ago there was an incident with one of
my neighbors who lives on the ground floor, facing William street, one of these
customers of the NP stopped and actually peed on my neighbor's porch, yelling at
his friend at the same time, disturbing all the neighbors at 2am!!
The question is: can we as residents do something about this??
Can we make this venue move or something??

Having a club like this in a residential area is just not fair to us!!
How many signatures would it take to have them officially shut up? If there's such a
thing...Or Can we sue them?
Please let us know, we would like to act, not just complain, but we are tired of these
parties!
Thank you very much for your time,
Have a wonderful weekend!
nd her neighbors
Sent from my iPad
From:
Sent:
To:
Subject:
"Sena, Jennifer" <CITY OF OAKLAND/CITY

CENTER/RECIPIENTS/SILVA9J>
8/12/2014 3:28:17 PM -0700
"Ferran, Elias" <EFerran@oaklandcityattorney.org>
FW: Leo's Music Club - 5447 Telegraph Avenue - Holding Public
Assembly Events without proper permits.
OFC Jennifer Sena, 8375

Alcoholic Beverage Action Team
Oakland Police Department
(510) 777-8673
From: Crudele, Vincent

Sent: Tuesday, August 12, 2014 11:10 AM
To: Minor, Gregory; Marcus, Nancy; Sena, Jennifer; Cabral, Jorge; Garrett, Flanoy; Griffin,
Leroy
Cc: Antes, Dominic; Clemons, Weldon T; Sabatini, Maria; Hom, Lawrence
Subject: Leo's Music Club - 5447 Telegraph Avenue - Holding Public Assembly Events without
proper permits.
Importance: High
All,
Please be advised, I was contact today by Fire Station 8. Captain Hom advised that
he made contact at this location with workers today who were setting up for an
event scheduled on August 20th 2014.
Our OFD records indicate that an inspection was conducted on July 23rd 2014 (OFD
Record #2014-31254) by Fire Inspector Flanoy Garrett. Inspector Garrett informed
me he did NOT issue a public assembly permit due to numerous fire code violations
and that the location failed the inspection.
The applicant is Jason Perkins with Parish entertainment phone 415-308-1909. I

contacted Nancy Marcus to inquire if a valid cabaret permit had been obtained. She
stated it had not. As many of you are aware, Mr. Perkins has been cited in the past
for hosting events without valid OFD assembly permits and for exceeding occupancy
thus endangering attending civilians at his New Parish venue.
As of this date and time, no re-inspection for 5447 Telegraph Avenue has been
scheduled with OFD and no valid fire clearance or assembly permit exists for the
building.
Your attention to this matter is appreciated. Captain Hom can be reached at 510238-4008 today for further details. He did advise me that on arrival, the workers
immediately shut the doors to the club and initially refused to open up. It was only
after he repeatedly pounded on the doors, announced FIRE DEPARTMENT, I KNOW
YOU ARE IN THERE that they responded. As they could not produce any permits
for construction, assembly, or cabaret, he felt Fire Prevention should be immediately
advised. An on-site manager assured him that all required permits had been
obtained by the owner, Jason Perkins.
Thank you,
Vincent Crudele
Supervisor Fire Inspector
Fire Prevention Bureau
Office of the Fire Marshal
510-238-7391 Office
510-755-5816 Cell
From:
Sent:
To:
CC:
Subject:
"Sena, Jennifer" <CITY OF OAKLAND/CITY

CENTER/RECIPIENTS/SILVA9J>
6/25/2014 1:18:30 PM -0700
"Weisenberg, Michael" <MWeisenberg@oaklandnet.com>
"Lindsey, Drennon" <DLindsey@oaklandnet.com>; "Ferran, Elias"
UPDATE INFO RE: late night cabaret permit
Ms. Ada Chan just contacted me via phone. She advised she is going to remove the
extended hours off of the council agenda until everyone has a chance to meet and
discuss the issues.
In the mean time Nancy Marcus can give out special event permits to the club
owners until the issue is heard before council or resolved. (Not uncommon as this
has been done in the past)
Ms. Chan has requested a meeting to discuss further. Are you available to meet on
July 2, 2014, time TBD?

(510) 777-8673
From: Sena, Jennifer

Sent: Wednesday, June 25, 2014 12:58 PM
To: Weisenberg, Michael
Cc: Lindsey, Drennon
Subject: FW: late night cabaret permit
Importance: High
Hello Capt. Lindsey and Lt. Weisenberg,
Please refer to email below from Ms. Ada Chan of CM Rebecca Kaplans
Office
I have not yet responded to her request. I do not know where or who she is getting
conflicted information from?
Here are some of the terms of after-hours cabaret permits:
-Only 10 permits can be issued during the program (it expires June 30, 20140
Currently there are only 4 clubs in the program (NKC, Bench and Bar,
Club 21, New Parish)
-Conditions of approval (set of operating conditions) can be set by The City

Administrators Office
-Monthly calendar of events must be sent to City Administrator Office and Special
Events Unit
-Chief Of Police may immediately suspend a permit due to a violent crime, narcotic
related crime, melee, or gang activity emanating or occurring from the premise
(suspension is not removed until a hearing officer has rendered a decision)
-City Administrator can revoke a permit (hearing must be held within 10 days for
due process)
******
If this program is not extended all of the 4 clubs will lose their after-hours cabaret
permits.
It is my suggestion that we extend the after-hours program for all merchants in the
program and work on revocation of New Karribean Citys after hours cabaret. There
has already been one shooting inside of the club. If there are any other incidents
that occur right in front of the club or inside we can then move forward with
revocation of NKC permit. Additionally, the Chief Of Police can immediately suspend
the permit on the spot until a hearing is held. I believe it will be difficult to remove
the after-hours program based on events from NKC.
Any additional thoughts? Again I have not shared my suggestions with her, it is
merely my opinion on the issue.

(510) 777-8673
From: Chan, Ada

Sent: Wednesday, June 25, 2014 12:01 PM
To: Sena, Jennifer
Subject: late night cabaret permit
Hi Jennifer
We are looking to extend the pilot program, and I am getting mixed/unclear

messaging.
Would like to check in with you, before moving forward.
I understand that NKC is a problem player, and needs to have its permit revoked.
New Parrish, Bench and Bar and Club 21 also have permits.
Is the process too burdensome for OPD? Is there something we could do in the
legislation that could better filter out the problem players?
I will be working and available through the evening until at least 9:30.
Please feel free to contact me on my cell: 757-5646 when you get a chance
Ada
Ada Chan Policy Analyst

Office of Council President Pro Tem Rebecca D. Kaplan
City of Oakland
1 Frank H. Ogawa Plaza, Suite 243 Oakland, CA 94612
(o) 510-238-7083 (e) AChan1@oaklandnet.com
From:
Sent:
To:
CC:
Subject:
"Warren, Selia" <SWarren@oaklandcityattorney.org>

8/19/2015 4:28:56 PM -0700
Jason Perkins <jason@pegcollective.org>
{F141846}.imanage@oca-svr-dms1.oca.oakland.local
RE: Research re Performance on Sat. August 17, 2013 [IWOVimanage.FID141846]
Jason,
Thanks again for taking the time to talk with me. The New Parish is such a treasure to the City.
Its nice to know it is being managed by a great group. Let me know if you find any records
about that night. Thanks again.
Kind regards,
Selia Warren

Perkins
Sent: Wednesday, August 19, 2015 4:11 PM
To: Warren, Selia
Cc: info@thenewparish.com
Subject: Re: Research re Performance on Sat. August 17, 2013
Selia,
I'll have to dig into records
Yeah - I know that guy...he is a professional complainer and filer of lawsuits.
My cell is
and call me directly
Jason
On Wednesday, August 19, 2015, Warren, Selia
<SWarren@oaklandcityattorney.org> wrote:
Hi there,
I am a Deputy City Attorney with the City of Oakland. I was hoping you could check
your records of performances from 2013. I am trying to find out what groups
performed at New Parish on the night of Saturday August 17, 2013 for a matter I
am handling for the City. I am also curious if you have had any conflicts with a
neighbor of yours named Joshua Daniels. He made a noise complaint against New
Parish on the night I am inquiring about. I am happy to talk by phone at your
convenience as well. Thanks in advance for your help.
Kind regards,
Selia Warren
Selia M. Warren
Deputy City Attorney
Office of the City Attorney
City of Oakland, California
swarren@oaklandcityattorney.org
Ph 510.238.6524 | Fax 510.238.6500
This is a confidential attorney-client communication. This email contains confidential attorney-client

privileged information and is for the sole use of the intended recipient(s). Any unauthorized review,
use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the
sender by reply e-mail and destroy all copies of the original message and any attachments.
Please consider the environment before printing this email

[v1.03]
--
Jason Perkins
Managing Partner
pegcollective.org
1.888.477.9288
From:
Sent:
To:
Subject:
Attachments:
"Minor, Gregory" <GMinor@oaklandnet.com>

8/24/2015 10:31:14 PM -0700
"Sena, Jennifer" <CITY OF OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/43B35ECDE2624006A0D8B3601834AB90>
; "Ferran, Elias" <CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/FERRA9E>
Fwd: FOR IMMEDIATE RELEASE August 23, 2015 Parish Entertainment Group
announces the cancellation of Thee Oh Sees at Leos due to concerns about an
Oakland Fire Inspector
OhSEEScancellation-8.24.15.pdf; ATT00001.htm
Sent from my iPhone

Begin forwarded message:
From: Jason Perkins <jason@pegcollective.org>
Date: August 24, 2015 at 9:47:43 PM PDT
To: Sam Lefebvre <Sam.Lefebvre@eastbayexpress.com>, "Wiseman,
Dara" <DWiseman@oaklandnet.com>, <info@zackruskin.com>, Eric
Arnold <easportski@sbcglobal.net>, "Minor, Gregory"
<GMinor@oaklandnet.com>, Suzie Racho <SRacho@kqed.org>,
"Allison, Darren" <DAllison@oaklandnet.com>,
<info@thebaybridged.com>, Libby Schaaf
<officeofthemayor@oaklandnet.com>
Subject: FOR IMMEDIATE RELEASE August 23, 2015 Parish
Entertainment Group announces the cancellation of Thee Oh Sees
at Leos due to concerns about an Oakland Fire Inspector
FOR IMMEDIATE RELEASE
August 23, 2015
Parish Entertainment
Group announces the cancellation of Thee Oh Sees at Leos due to concerns
about an Oakland Fire Inspector
After enduring an illegal raid last
weekend that illegally shut down Leos Music Club over the weekend, the Parish
Group has decided to cancel Tuesdays performance of national recording artist
and Pitchfork favorite Thee Oh Sees.
After watching our patrons, our employees
and artists get roughed up over the weekend by Fire Inspector Vincent Crudele
who arrived at Leos armed and with 10 Oakland Police Officers in tow, we couldnt
assure the management of Thee Oh Sees a safe passage through Oakland at the
beginning of their
two month tour and we didnt want to put our patrons or employees at Risk from
this inspector.
Thee Oh Sees are one of the most popular
music acts touring these days and are managed by national agency, The Panache
Group. This would been one of the bands first stops in Oakland in three years and
the loss of the show is a major blow to Oaklands reputation with national Agencies
as a touring
destination.
Fire Inspector Vincent Crudele illegally
shut down the New Parish and Leos before after complaints were lodged by the
Parish Entertainment Group over his physical treatment of several of PEGs
managers. Inspector Crudele is no stranger to civil rights violations in Oakland as
this expose in the
East Bay Express over his illegal searches and organized police actions show:
http://www.eastbayexpress.com/oakland/oakland-police-search-withoutwarrants/Content?oid=1878972
Inspector Crudele who remains the
only Oakland Fire Inspector who patrols with a firearm on his side and handcuffs
on his belt has refused to stay within the law on numerous occasions in regards to
our venues and with this in mind, PEG was forced to cancel this amazing artist over
the safety
concerns of his continued abuse of power.
Contact:
info@thenewparish.com;
888.477.9288
The Parish Entertainment Group is owned by Michael OConnor
and Jason Perkins who operate The New Parish, The Rock Steady, and Leos in
Oakland, plus Brick & Mortar, Place Pigalle, and Crafty Fox in San Francisco. Their
latest installment is Sierra Valley Lodge - a mountain music venue
(sierravalleylodge.net).
Jason Perkins
Managing Partner
pegcollective.org
1.888.477.9288

FORIMMEDIATERELEASE
August23,,2015
ParishEntertainmentGroupannouncesthecancellationofTheeOhSeesatLeosdueto
concernsaboutanOaklandFireInspector
AfterenduringanillegalraidlastweekendthatillegallyshutdownLeosMusicCLubovertheweekend,the
ParishGrouphasdecidedtocancelTuesdaysperformanceofnationalrecordingartistandPitchfork
favoriteTheeOhSees.
Afterwatchingourpatrons,ouremployeesandartistsgetroughedupovertheweekendbyFireInspector
VincentCrudelewhoarrivedatLeosarmedandwith10OaklandPoliceOfficersintow,wecouldntassure
themanagementofTheeOhSeesasafepassagethroughOaklandatthebeginningoftheirtwomonthtour
andwedidntwanttoputourpatronsoremployeesatRiskfromthisinspector.
TheeOhSeesareoneofthemostpopularmusicactstouringthesedaysandaremanagedbynational
agency,ThePanacheGroup.ThiswouldbeenoneofthebandsfirststopsinOaklandinthreeyearsand
thelossoftheshowisamajorblowtoOaklandsreputationwithnationalAgenciesasatouringdestination.
FireInspectorVincentCrudeleillegallyshutdowntheNewParishandLeosbeforeaftercomplaintswere
lodgedbytheParishEntertainmentGroupoverhisphysicaltreatmentofseveralofPEGsmanagers.
InspectorCrudeleisnostrangertocivilrightsviolationsinOaklandasthisexposeintheEastBayExpress
overhisillegalsearchesandorganizedpoliceactionsshow:
http://www.eastbayexpress.com/oakland/oaklandpolicesearchwithoutwarrants/Content?oid=1878972
InspectorCrudelewhoremainstheonlyOaklandFireInspectorwhopatrolswithafirearmonhissideand
handcuffsonhisbelthasrefusedtostaywithinthelawonnumerousoccasionsinregardstoourvenues
andwiththisinmind,PEGwasforcedtocancelthisamazingartistoverthesafetyconcernsofhiscontinued
abuseofpower.
Contact:
ParishEntertainmentGroup
info@thenewparish.com
888.477.9288
TheParishEntertainmentGroupisownedbyMichaelOConnorandJasonPerkinswhooperateTheNew
Parish,TheRockSteady,andLeosinOakland,plusBrick&Mortar,PlacePigalle,andCraftyFoxinSan
Francisco.TheirlatestinstallmentisSierraValleyLodgeamountainmusicvenue(sierravalleylodge.net).
From:
Sent:
To:
Subject:
8/19/2015 4:39:33 PM -0700
"Warren, Selia" <CITY OF OAKLAND/CITY ATTORNEY'S
OFFICE/RECIPIENTS/WARRE9S>
Fwd: dvaleska@oaklandnet.com
FYI:
He would not let the acoustic engineer into his apartment to take the reading
He refused to let her in
---------- Forwarded message ---------From: Joshua Daniels <daniels.joshua@gmail.com>
Date: Friday, November 1, 2013
Subject: dvaleska@oaklandnet.com
To: jason@thenewparish.com
Jason,
This is Josh Daniels from
New Parish in downtown Oakland.
the apartment building that neighbors The
David Valeska with the city's zoning office -- who I've copied on this email -- told me
that you are working to reduce the noise that makes it over to the apartment
building from the club. I appreciate you help with this, and hope that we can work
together to find a middle ground.
David mentioned that an acoustical engineer from a firm called AVID is scheduled to
conduct some sound tests on November 5th, and that they would like to take some
sound measurements from inside the apartment building. I'm happy to work with
the engineer to conduct these tests. I'll be home on 11/5. The late afternoon or
early evening would work best for me.
Please let me know what time the engineer from AVID would like to conduct the
tests and we'll work something out. Thank you for your understanding and your
help!
Best,
Josh Daniels
Cell:
--
Jason Perkins
Managing Partner
pegcollective.org
1.888.477.9288
From:
Sent:
To:
CC:
Subject:
Selia,
8/19/2015 4:11:14 PM -0700
info@thenewparish.com
Re: Research re Performance on Sat. August 17, 2013

My cell is
Jason
Hi there,
I am a Deputy City Attorney with the City of Oakland. I was hoping you could
check your records of performances from 2013. I am trying to find out what
groups performed at New Parish on the night of Saturday August 17, 2013 for a
matter I am handling for the City. I am also curious if you have had any conflicts
with a neighbor of yours named Joshua Daniels. He made a noise complaint
against New Parish on the night I am inquiring about. I am happy to talk by
phone at your convenience as well. Thanks in advance for your help.
Kind regards,
Selia Warren
Selia M. Warren
Ph 510.238.6524 | Fax 510.238.6500
This is a confidential attorney-client communication. This email contains confidential attorneyclient privileged information and is for the sole use of the intended recipient(s). Any unauthorized
review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please
contact the sender by reply e-mail and destroy all copies of the original message and any
attachments.

[v1.03]
--
Jason Perkins
Managing Partner
pegcollective.org
1.888.477.9288
From:
Sent:
To:
8/26/2015 8:02:24 AM -0700
Subject:
Re: Research re Performance on Sat. August 17, 2013 [IWOVimanage.FID141846]
The show on Aug 17, 2013 was DJ Rich Medina who plays a mix of what is known as
"Mushroom Jazz" - very downbeat tempo DJ Jazz mixes..nothing crazy or heavy
whatsoever.
http://www.berkeleydailyplanet.com/issue/2013-0809/article/41327?headline=Oakland-Hosts-a-Wonder-of-a-Film-Feast-Matatu-FilmFestival-Runs-August-15-17--By-Gar-Smith
Jason Perkins
Managing Partner
pegcollective.org
1.888.477.9288
On Wed, Aug 19, 2015 at 4:28 PM, Warren, Selia

Jason,
Thanks again for taking the time to talk with me. The New Parish is such a treasure to the
City. Its nice to know it is being managed by a great group. Let me know if you find any
records about that night. Thanks again.
Kind regards,
Selia Warren

Perkins
Sent: Wednesday, August 19, 2015 4:11 PM
To: Warren, Selia
Cc: info@thenewparish.com
Subject: Re: Research re Performance on Sat. August 17, 2013
Selia,
My cell is
Jason
Hi there,
I am a Deputy City Attorney with the City of Oakland. I was hoping you could
check your records of performances from 2013. I am trying to find out what
groups performed at New Parish on the night of Saturday August 17, 2013 for a
matter I am handling for the City. I am also curious if you have had any conflicts
with a neighbor of yours named Joshua Daniels. He made a noise complaint
against New Parish on the night I am inquiring about. I am happy to talk by
phone at your convenience as well. Thanks in advance for your help.
Kind regards,
Selia Warren
Selia M. Warren
Ph 510.238.6524 | Fax 510.238.6500
This is a confidential attorney-client communication. This email contains confidential attorneyclient privileged information and is for the sole use of the intended recipient(s). Any unauthorized
review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please
contact the sender by reply e-mail and destroy all copies of the original message and any
attachments.

[v1.03]
--
Jason Perkins
Managing Partner
pegcollective.org
1.888.477.9288
1 BARBARA J. PARKER, City Attorney, SBN 069722

OTIS McGEE, JR., Chief Assistant City Attorney, SBN 071885
2 JAMES F. HOGKINS, Senior Deputy City Attorney, SBN 142561
SELIA M. WARREN, Deputy City Attorney, SBN 233877
3 One Frank H. Ogawa Plaza, 6th Floor
Oakland, California 94612
4 Telephone:
(510) 238-6524
Facsimile:
(510) 238-6500
5 Email: swarren@oaklandcityattorney.org
6
X04175/1744952
Attorneys for Respondent

7 VINCENT CRUDELE
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA
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JASON PERKINS,
Petitioner,
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v.
VINCENT CRUDELE,
Respondent.
Case No. RG15783742

DECLARATION OF RESPONDENT
VINCENT CRUDELE IN SUPPORT OF
OPPOSITION AND RESPONSE TO
PETITION FOR RESTRAINING ORDER
Date: November 12, 2015
Time: 9:00 a.m.
Dept.: 5, 3rd Floor
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DECLARATION OF VINCENT CRUDELE
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I, VINCENT CRUDELE, declare as follows:
1.
I am an employee of the City of Oakland (the City) Fire Department (OFD). I
have personal knowledge of the matters set forth herein and if called as a witness, I could and would
testify competently thereto.
2.
I have been with OFD for ten years, since about May 1, 2005. I started as a Fire
Suppression District Inspector, and I have generally been promoted every two years since. During my
ten year career with OFD, I have served in many capacities. I have been a Fire Code Inspector, a
Hazardous Materials Inspector (a limited duration assignment), a Vegetation Management Unit
Supervisor, and Acting Assistant Fire Marshal (also a limited duration assignment). Currently, I am
the Supervisor of the Vegetation Management Unit. In that capacity, I monitor properties in the
Oakland Hills and work with property owners to reduce fire hazards on their properties.
History of Interactions with Petitioner
3.
I am familiar with Petitioner Jason Perkins (Petitioner), an owner of several clubs in
Oakland and San Francisco. Among other clubs, Petitioner is an owner of New Parish, located in
downtown Oakland at 579 18th Street, and Leos Music Club (Leos), located at 5447 Telegraph in
the Temescal District.
4.
I first became acquainted with Petitioner in January 2013, as a result of my efforts, as a
Fire Code Inspector, to investigate whether New Parish was operating without a valid Fire Code Public
Assembly Permit. I understood that Petitioner had recently been sent a cease and desist letter by the
Office of the City Administrator to immediately stop all cabaret activity, as a result of having failed to
renew the clubs cabaret license.
5.
On January 26, 2013, at approximately 12:34 a.m., I entered New Parish to perform an
operational permit inspection pursuant to Oakland Municipal Code (OMC) 15.12 at the request of
the Office of the City Administrator, and former Assistant City Administrator Arturo M. Sanchez. The
Office of the City Administrator handles many of the permits that a club would require in order to
legally operate, including a cabaret permit. Specifically, I was doing a compliance check to determine
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whether New Parish, who had not yet renewed their cabaret permit, was engaging in cabaret activity
without a valid permit. I was accompanied by members of the Oakland Police Department (OPD)
Alcoholic Beverage Action Team (ABAT) and Special Events Unit, including Officer Jennifer Sena.
The ABAT is responsible for licensing establishments in the City for alcohol and tobacco sales, and
conducts inspections and sting operations in connection with the same. During my investigation that
evening, I confirmed that New Parish was operating as a cabaret without a valid license, and further
observed numerous California Fire Code (Fire Code or CFC) violations. For example, I observed
over 500 people in the facility even though the occupant load capacity was 299 persons in violation of
CFC 105.6.34. Attached hereto as Exhibit A is a true and correct copy of the Report that I issued as a
result of that inspection. Petitioner was not on site at New Parish during my inspection that evening.
6.
On the afternoon of January 31, 2013, at about 1:00 p.m., I met with Petitioner for the
first time to discuss the various violations uncovered during my inspection on January 26, 2013. His
business partners were present. Officer Jennifer Sena was also present for that meeting to inspect the
alcohol per her duties as part of ABAT, and to talk to Petitioner about the consequences of operating
without a valid cabaret license. Officer Senas PDRD was activated for this meeting. I walked
Petitioner through all of the violations that I had previously noted on January 26, 2013, and explained
what Petitioner needed to do to get in compliance. Petitioner and his business partners were clearly
very frustrated with the process, and somewhat overwhelmed. However, at one point Petitioners
business partner told me that I was explaining everything they needed to do to get into compliance in a
manner that was crystal clear and more clear than anyone had ever made it for them throughout the
process of opening the business.
7.
Because Petitioner did not have his cabaret license in order, Officer Sena informed him
that he could not allow his scheduled performers to go on that night, and that if he did, he risked being
shut down by OPD. Petitioner was very frustrated by the process. At one point he stated, I understand
that were not going to be able to do it, I just have to express my disappointment that I am caught in a
bureaucratic mess.
8.
Before I left the premises I provided Petitioner with a copy of the Report that I issued
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on 1/26/2013, and again explained what Petitioner needed to do to get New Parish into compliance for
Fire Code purposes. To the best of my recollection, this was the only time I ever interacted with
Petitioner in person at New Parish. Attached hereto as Exhibit B is a true and correct copy of the
Report that I issued as a result of that inspection.
9.
On February 01, 2013, Petitioner sent me an email as a result of our meeting entitled
Overview of Action Plan for New Parish setting out the numerous issues we discussed, and the
conditions that attached to the cabaret license issued (or that would be issued) by the City. Among
other things, Petitioner agreed to have a sprinkler system installed by June 1, 2013. Attached hereto as
Exhibit C is a true and correct copy of the email from Petitioner to me on February 1, 2013.
10.
On February 2, 2013, I entered New Parish at approximately 7:00 p.m. and observed
improperly posted signage regarding load capacity and smoking. I emailed Petitioner to inform him of
the issues and he replied that he would correct them. Attached hereto as Exhibit D is a true and
correct copy of the email exchange between me and Petitioner on February 2, 2013.
11.
On May 31, 2013, I emailed Petitioner to inform him of reports from OPD that his
security had failed to keep an accurate head count to track capacity at an event on the prior weekend
(May 25 & 26, 2013) and to remind him that he had agreed, as a condition of the cabaret permit, to
have sprinklers installed by June 1, 2013. I also gave him notice that I would be conducting a site
inspection on June 3, 2013 at 2:00 p.m. to determine what, if anything on the list had been completed.
Petitioner replied to my email the same day. Attached hereto as Exhibit E is a true and correct copy of
the email exchange between me and Petitioner on May 31, 2013.
12.
Petitioner ultimately canceled the June 3, 2013 meeting. On June 6, 2013, Petitioner
contacted me to apologize for missing that meeting and claiming that he had rescheduled our meeting
to that day, a day that I was on vacation. On June 11, 2013, I replied by email to discuss the
outstanding sprinkler installation issue, among other things. Assistant City Administrator Arturo
Sanchez also replied to Petitioner in the same email chain. Petitioner followed up with two additional
emails that day regarding, among other things, quotes for a sprinkler system and promising to set
another meeting with me to inspect New Parish and determine what, if any, progress had been made on
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the list of issues from February 2013. Attached hereto as Exhibit F is a true and correct copy of the
email exchange between me, Arturo Sanchez and Petitioner.
13.
On June 16, 2013, Petitioner emailed me and Assistant City Administrator Arturo
Sanchez to regarding progress on plans for the sprinkler system. In the email Petitioner writes,
Thanks again for your time and patience gentleman. Attached hereto as Exhibit G is a true and
correct copy of the email from Petitioner to me and Arturo Sanchez.
14.
Between June 17, 2013 and July 31, 2013, Petitioner and I exchanged several emails
regarding, among other things, the sprinkler system installation plan. Attached hereto as Exhibit H
are true and correct copies of the email exchanges between me and Petitioner from June 17, 2013 to
July 31, 2013.
15.
In addition to these exchanges with Petitioner, I believe there were also two meetings at
City Hall that I was present for some time in 2013. In addition to Petitioner, other persons in
attendance included former Assistant City Administrator Arturo Sanchez, Special Business Permits
Administrative Assistant Nancy Marcus, and Officer Jennifer Sena.
16.
At no time between January 2013 and August 2013 did Petitioner ever allege that I had
engaged in any improper or unprofessional behavior directed towards him or his staff at New Parish.
17.
In or about August 31, 2013, I was promoted to Vegetation Management Unit
Supervisor. As a result, my duties changed and I was no longer responsible for code enforcement.
Petitioners History of False Accusations Against Me
18.
On or about August 12, 2014, I received a call from Fire Captain Lawrence Hom of
Fire Station 8 in the Temescal District. He advised me that he had witnessed a construction team
working on the premises of Leos, and that when he first approached, they had attempted to lock the
doors and pretend they were not there. As a result of that conversation, I contacted Nancy Marcus,
Special Business Permits Administrative Assistant, to inquire whether they had obtained valid cabaret
permits. She confirmed that they had not. I also checked our own OFD records to determine that no
valid fire clearance or assembly permit existed for the building. Accordingly, I sent an email to the
team of City staff that had previous dealings with Petitioner and New Parish, including Assistant City
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Administrator Greg Minor, Nancy Marcus, Officer Jennifer Sena and then Assistant Fire Marshall,
Leroy Griffin, among others, to inform them of the situation at Leos. Attached hereto as Exhibit I is
a true and correct copy of the email that I sent on August 12, 2014, referring the matter to the proper
City staff. I did not take any further action regarding the matter.
19.
On or about August 23, 2014, I received a phone call from Arson Investigator Dominic
Antes seeking guidance on what to advise staff on site at Leos as a result of Captain Lawrence Homs
discovery that people were preparing for a show at that venue without any proper permits in place. At
the time, I was out of town, on a boat, fishing with friends. I advised Investigator Antes that the staff
needed to be able to produce valid permits, and I provided Investigator Antes with two provisions of
the Fire Code via text message for his reference.
20.
A few days after the August 23rd call from Investigator Antes, I learned that Petitioner
had suddenly falsely accused me of improper behavior going all the way back to my meeting with
Petitioner at New Parish in 2013, as a result of interactions that supposedly occurred at the counter in
2014, and apparently, as a result of my involvement at Leos in connection with Fire Captains
Homs visit there on August 23, 2015. As a result of Petitioners outrageous allegations, I was forced
to go through an internal investigation.
21.
Numerous witnesses were interviewed, including Officer Jennifer Sena, Arson
Investigator Dominic Antes, Fire Captain Lawrence Hom, Assistant City Administrator Arturo
Sanchez, and Nancy Marcus, all of whom were witnesses to my interactions and involvement with
Petitioner, New Parish and Leos. Petitioner was also interviewed.
22.
Officer Sena also submitted copies of her PDRD recordings from the January 31, 2013,
meeting in which I first met Petitioner. I understand that those recordings are attached as exhibits to
the declaration of Officer Sena.
23.
24.
Investigation into Leos in July and August 2015
Between July and August 2015, I was promoted by Fire Marshal Miguel Trujillo and
served as Acting Assistant Fire Marshal.

25.
In that capacity, I joined Fire Marshal Trujillo on a plain clothes site visit of Leos on
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or about July 14, 2015. During that visit, we confirmed numerous Fire Code violations, including:
a. crowd capacity exceeding occupant load;
b. no operational fire alarm system (required by Fire Code);
c. no operational fire sprinkler system (required by Fire Code);
d. an illegally constructed balcony with no building department permit or approval;
e. lack of proper emergency lighting within venue;
f. obstructed locked rear exit; and
g. no valid public assembly permit for an occupant load greater than 49 persons on the
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interior.
I took several pictures with my phone, which documented our presence at Leos that night, and also
captured some, but not all of the violations we noted. I am informed that those pictures are attached to
Fire Marshal Trujillos declaration. I also prepared a report documenting the numerous violations.
Attached hereto as Exhibit J, is a true and correct copy of the report that I prepared as a result of that
visit.
26.
On August 21, 2015, I sought assistance from OPD to escort me into Leos to conduct
an operational permit inspection, at the direction of and pursuant to the authority of the Fire Marshal,
based in part on the prior plain clothes site visit. It is a standard and approved practice for a fire code
inspector to seek assistance or back up from OPD. Because we sometimes encounter patrons who are
disappointed to learn that a show or event that they expected to take place cannot due to lack of proper
permits, OPD is present to provide crowd control, among other things, if needed. Attached hereto as
Exhibit K, is a true and correct copy of my email request for OPD assistance.
27.
On August 21, 2015, as a result of the July 14, 2015, plain clothes site visit and
pursuant to my request to OPD for assistance, I entered Leos with 6-7 OPD officers, including
Sergeant James Gantt and Fire Suppression District Inspector David Davis. Petitioner was not on site
at the time. During the inspection, I spoke with Bar Manager Alexandrea Corrone, and Sound
Manager Justin Zachary Pader, among others. Ms. Corrone was only able to produce single use
special event permits, all of which had long expired. In addition, Ms. Corrone could not show a proper
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license to serve alcohol, but could only locate an application to serve alcohol. Attached here to as
Exhibit L, is a true and correct copy of the Report of Fire Inspection that I issued as a result of the
8/21/2015 site visit. I delivered a copy to Ms. Corrone, who acknowledged receipt of the document by
her signature on the last page.
28.
No valid permits could be produced at our request and none were otherwise posted
anywhere on the premises. As a result of their inability to produce valid permits, I notified staff that
they were receiving a Restricted Use tag (also called a yellow tag), which limited the capacity for
the venue to 49 persons or less, including staff, effective immediately, until further notice. Attached
hereto as Exhibit M, is a picture of the yellow tag that I posted on the front door of Leos prior to my
departure.
29.
In all the inspection lasted approximately 30 minutes. Towards the end of our site
inspection, a staff member put Petitioner on speaker phone so that I could talk to him. He was hostile
and immediately began threatening to get me in trouble with my superiors for conducting what he
deemed to be an unauthorized inspection. I tried to politely explain my purpose there and the
violations that I had found, however, Petitioner was too irate to have a proper conversation. He
threatened to call his lawyer, and promised, in an ominous tone, that he would See me on Monday.
He also added that my abuse towards [him] was duly noted. We ended our call with his promise to
follow up on Monday about my inspection. Sergeant Gantt witnessed our conversation. My
conversation with Petitioner was also captured on Sergeant Gantts PDRD, since he was standing right
next to me as I spoke with Petitioner.
30.
I understand that Petitioner later claimed that I entered Leos with a gun, pressed his
employees against the wall and illegally shut down Leos, while traumatizing staff and patrons.
These are all blatantly false and outrageous lies. First, the entire site visit was recorded by OPD
PDRDs. Thus, in addition to all of the witnesses on site that night, the recordings show that I was not
armed, and I did not line up or otherwise intimidate any staff members or patrons. I can be heard on
the recordings saying, this is not your fault and putting the responsibility on the owners of Leos. As
to the allegation that I shut down the venue, this too was false. I simply informed the staff of the
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limitations of the type of event they could have there, which since they lacked permits for alcohol,
public assembly or cabaret, among others, limited them to an event of 49 people or less, including
staff. I did not close down the operation or otherwise tell anyone that they had to leave. In fact, at the
time I was on site at Leos, the total occupancy was less than 49 persons, thus they were in compliance
with the yellow tag restriction. In a parting conversation with a staff member just outside of Leos, he
confirmed his understanding that It was up to [them] whether they should close for the night or not.
The entire inspection, including that last conversation with the staff member about whether [they]
were shut down or not was documented by Sergeant Gantts OPD PDRD recordings. At least one
other officer also had his or her PDRD active for the duration of the site visit. That officer was
watching from across the room while I was talking to Petitioner on the phone.
31.
All of the recordings show that my interactions with staff were friendly, calm and
professional at all times.

Summary of Current Allegations and Response
32.
I am aware of the general allegations that Petitioner has made in the Petition against
me. As set forth above, this is not the first time Petitioner has made outrageous and false allegations
against me. I understand that Petitioner identifies three dates on which I supposedly harassed or
threatened him. To be clear, I have never threatened or harassed Mr. Perkins and every interaction I
have ever had with him has been in my capacity as a representative of OFD. I have never put my
hands around his throat, or pushed him, and I have never shown up to any of his establishments
brandishing a gun or handcuffs or a nightstick. Literally every interaction I have ever had with
Petitioner has been witnessed by another City staff member and two of those were recorded by OPD
PDRDs.
33.
The first date Petitioner alleges in the Petition is May 25, 2013. OFD Arson
Investigator Weldon Clemens was on duty that day, and not me. I do not know if Mr. Clemens
inspected New Parish, or otherwise interacted with Petitioner on that day. For my part, I was not even
in town. On May 25, 2013, I was in Concord at a shooting range with friends. We followed that event
with dinner, and by 4:00 a.m. the next morning, on May 26, 2013, I was on a boat ramp preparing to
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go salmon fishing for the day. I did not see or interact in any way with Petitioner or any of his
businesses that day. Whats more, as set forth above, Petitioner and I exchanged numerous emails
very close to that time period, starting on May 31, 2013 until July 31, 2013. At no time during those
emails did Petitioner ever allege that I had acted inappropriately towards Petitioner or his staff.
34.
The second date that Petitioner alleges is August 28, 2014. I believe the date that he
actually means is Saturday, August 23, 2014. (See Paragraphs 18-20, above.) Acting OFD
Investigator Dominic Antes was on duty that day, and not me. I am aware that Investigator Antes
visited Leos on that day in response to a call from Fire Captain Lawrence Hom about the fact that
Leos personnel were preparing for an event that evening without valid permits. Investigator Antes
called me on my cell phone to seek guidance on how to handle the situation. At the time, I was on a
boat fishing with friends 11 miles off of the coast of Point Reyes. I advised Investigator Antes that
unless Leos could produce a valid cabaret license, that they would be operating that evening without a
valid permit and OPD could be called to shut them down. In addition, Leos could be fined on top of
that. I did not see or otherwise interact in any way with Petitioner or any of his businesses that day.
To the extent that Petitioner intended to allege August 28, 2014 as a date on which harassment or other
improper conduct occurred, I was also not on duty, and did not otherwise interact in any way with
Petitioner or any of his businesses that day. In fact, by August 28, 2014, I had already been made
aware of Petitioners outrageously false allegations regarding August 23, 2014, and dating back to
2013. By that date, I was busy collecting evidence that Petitioners allegations at the time were totally
false and was not otherwise concerned with Petitioner. As set forth above, I had already been
promoted to a different unit and would not have had any business with Petitioner or his clubs.
Attached hereto as Exhibit N is a copy of the schedule for August 28, 2014, which shows that
Dominic Antes was also on duty that day.
35.
The third date that Petitioner alleges in the Petition is August 21, 2015. On that date, as
set forth above, I entered Leos as the Acting Assistant Fire Marshal, and pursuant to the authority of
the Fire Marshal, to check for valid permits and licenses. I was accompanied by approximately 6-7
members of OPD, including Sergeant James Gantt. As set forth above, staff on site could not produce
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any valid licenses. As a result, I tagged the property with a limited use restriction (yellow tag)
limiting the capacity of the venue to 49 persons, including staff. During our time on site at Leos, I did
not raise my voice and never threatened or lined anyone up against the wall. The staff was very
gracious and mostly embarrassed that the licenses and permits were not in order. I told them multiple
times that they had not done anything wrong, and that the problem was with the owners. By the time
me and the OPD officers left Leos, we all thanked each other, and I was on my way. The entire
interaction between me and Leos staff was recorded by two OPD PDRD recording devices. I
understand that those recordings are attached as exhibits to the declaration of Sergeant Gantt. In
addition, as a result of the accusations subsequently made by Petitioner, Sergeant Gantt and Fire
Suppression District Inspector David Davis submitted witness statements via email to my supervisor,
Fire Marshal Trujillo. Attached hereto as Exhibit O, are true and correct copies of the email witness
statements from Sergeant Gantt and Inspector Davis.
36.
In August 2015, I completed certification with the National Code Services Association
as a Certified California Fire Code Inspector. I was previously certified, but this course allowed me to
renew that certification and prove my working knowledge of the California Fire Code for the purposes
of enforcement. Attached hereto as Exhibit P is a true and correct copy of the certificate issued by the
National Code Services Association on August 27, 2015.
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37.
To the best of my knowledge, prior to the authorized inspection that I conducted on
August 21, 2015 at Leos, in which I spoke to Petitioner by phone, my last direct contact with
Petitioner, by phone, email or in person, was in or about summer 2013, prior to my promotion.
I declare under penalty of perjury under the laws of the State of California and United States
of America that the foregoing is true and correct. Executed this 13th day of October, 2015 in
Oakland, California.
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4 Telephone:
(510) 238-6524
Facsimile:
(510) 238-6500
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X04175/1745532

7 VINCENT CRUDELE
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JASON PERKINS,
Petitioner,
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v.
VINCENT CRUDELE,
Respondent.
Case No. RG15783742

DECLARATION OF OFFICER
JENNIFER SENA IN SUPPORT OF
PETITION FOR RESTRAINING ORDER
Time: 9:00 a.m.
Dept.: 5, 3rd Floor
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DECLARATION OF OFFICER JENNIFER SENA
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DECLARATION OF JENNIFER SENA

I, JENNIFER SENA, declare as follows:
1.
I am a police officer with the City of Oakland (the City) Police Department (OPD).
I have been with OPD for fifteen years, since September 2000. I have personal knowledge of the
matters set forth herein and if called as a witness, I could and would testify competently thereto.
2.
I am a member of the Alcoholic Beverage Action Team (ABAT). ABAT is
responsible for licensing establishments in the City of Oakland related to alcohol and tobacco sales.
The ABAT unit conducts inspection and sting operations and responds to citizen complaints relating to
nuisance bars and stores.
3.
As a member of ABAT, I am responsible for monitoring all alcohol and tobacco
merchants within the City, and for enforcement of all laws relating to alcohol and tobacco. I also
conduct training sessions for merchants and various agencies and organizations within the City, and in
other cities within the state, regarding alcohol and tobacco laws, as requested.
4.
I have known Respondent Vincent Crudele in his professional capacity as an inspector
for the Oakland Fire Department Fire Marshall since about 2009. I have worked with him on joint
inspections at venues where alcohol was sold within the City. Between 2009 and 2013, I estimate that
we worked together on approximately 50 inspections. In all of the time that I worked with Inspector
Crudele, I never saw him act in a discourteous or unprofessional manner toward the public or toward
other City employees. In my experience, Inspector Crudele went out of his way to educate business
owners about the California Fire Code and its requirements.
5.
the Temescal District. I first met Petitioner in January 2013 during my work at New Parish.
6.
On the evening of January 26, 2013, at approximately 12:30 a.m., I entered New Parish
as part of an ABAT compliance check. At the time, I was aware that the City Administrators Office
had recently issued a cease and desist letter to New Parish to stop all cabaret activity as a result of
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managements failure to renew their cabaret permit. I was also aware of a recent incident that had
taken place just outside of New Parish during which a patron of New Parish had been robbed. I was
accompanied by Sergeant Roland Holmgren and Officer Joseph Kroushour of OPD, Inspector Crudele,
and a representative from the Department of Alcohol and Beverage Control (ABC). Inspector
Crudele was present to observe and investigate Fire Code compliance and other permit issues.
7.
While at New Parish, we observed numerous safety violations, including over
occupancy, marijuana smoking inside of the premises and unlicensed security guards, among other
violations. I issued the on-site manager, Marc Mason, an abatement notice for the violations and
advised him to obtain a cabaret permit or special events permit prior to having any other events on the
premises. Mr. Mason advised me that the owners, Michael OConnor and Petitioner, were not present
that night. Attached hereto as Exhibit A is a true and correct copy of the January 26, 2013 police
report (Report 13-004596). Attached hereto as Exhibit B is a true and correct copy of the Nuisance
Abatement Notice that I issued on January 26, 2013.
8.
Due to the overcrowded conditions we encountered during the site visit on January 26,
2013, we were unable to inspect the bar as intended. As a result, I returned during the day, on January
31, 2013, to meet with the New Parish owners, including Petitioner, and to complete the inspection.
Inspector Crudele and Officer Kroushour joined me on that visit. Inspector Crudele was present to
discuss the Fire Code violations that we witnessed on January 26, 2013, and to explain to the owners
of New Parish, including Petitioner, what they needed to do to come into compliance.
9.
My PDRD was activated during our site visit on January 31, 2013. We were on site at
New Parish for just over an hour and a half. Attached hereto as Exhibit C are true and correct copies
of the recordings captured by my PDRD while at New Parish on January 31, 2013.
10.
In my opinion, Inspector Crudele was completely respectful and professional at all
times during our site visits on January 26 and 31, 2013. At no time during the January 31 meeting
with the New Parish owners, or at any time thereafter, did Petitioner or the other owners ever complain
to me that Inspector Crudeles behavior was inappropriate in any way.
11.
I believe I was also present for a couple of meetings, possibly in City Hall, in which
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Petitioner and Inspector Crudele, in addition to other City staff, attended sometime later in 2013.
Again, at no time do I recall ever witnessing any improper behavior by Inspector Crudele against
Petitioner.
12.
On August 7, 2015, I was assisting with an ABC investigation of Leos during which
we observed alcohol being sold without a valid license. As a result, ABC Agent Casey Tinloy issued
the on site manager a citation for violation of California Business & Professions Code 23300, sales
of an alcoholic beverage without a license.
of America that the foregoing is true and correct. Executed this ___ day of September, 2015 in
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4 Telephone:
(510) 238-6524
Facsimile:
(510) 238-6500
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X04175/1752591

7 VINCENT CRUDELE
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JASON PERKINS,
Petitioner,
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v.
VINCENT CRUDELE,
Respondent.
Case No. RG15783742

DECLARATION OF OAKLAND FIRE
MARSHAL MIGUEL TRUJILLO IN
SUPPORT OF OPPOSITION AND
RESPONSE TO PETITION FOR
RESTRAINING ORDER
Date: October 13, 2015
Time: 9:00 a.m.
Dept.: 5, 3rd Floor
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DECLARATION OF FIRE MARSHAL MIGUEL TRUJILLO
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DECLARATION OF OAKLAND FIRE MARSHAL MIGUEL TRUJILLO

I, FIRE MARSHAL MIGUEL TRUJILLO, declare as follows:
1.
I am the Fire Marshal for the City of Oakland (the City) and a member of the
Oakland Fire Department (OFD). I have personal knowledge of the matters set forth herein and if
called as a witness, I could and would testify competently thereto.
2.
I joined OFD as Fire Marshal in April 2015. Among other duties, I am responsible for
ensuring compliance with and enforcing fire safety laws and regulations, including those set forth in
the Oakland Municipal Code, the California Fire Code, the California Health and Safety Code, and the
California Building Code. I have specialized knowledge of these laws and regulations. I have been
working in fire prevention for the past twenty years in municipal fire departments throughout
California, including Gilroy, Oxnard and Newark.
3.
Respondent, Vincent Crudele is my direct report. Currently, he is the Supervisor of the
Vegetation Management Unit. However, between July and August 2015, I promoted him to serve as
Acting Assistant Fire Marshal (AFM), for a limited duration assignment.
4.
5.
On or about July 14, 2015, I joined AFM Crudele in plain clothes to observe potential
code violations at Leos. Since I was new to OFD and Leos history of non-compliance, I wanted to
see, firsthand, what violations I could observe. During that visit, we observed numerous Fire Code
violations. Attached hereto as Exhibit A, are true and correct copies of camera phone photos of AFM
Crudele and I from our site visit to Leos on July 14, 2015, and some of the violations that we noted.
6.
AFM Crudele also prepared a Report of Fire Inspection noting all of the violations
from our July 14, 2015 site visit for our records. I am informed that the Report from that inspection is
attached to the declaration of Vincent Crudele.
7.
Shortly thereafter, I spoke to Gregory Minor, Assistant to the City Administrator, who
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oversees the Nuisance Abatement/Special Activity Permits Division about my plans to re-inspect
Leos and to issue a Restricted Use tag (also called a yellow tag), which would limit the capacity
of Leos to 49 persons or less, based on, among other things, Leos failure to obtain a public assembly
permit. We also discussed the fact that Leos was in breach of a Settlement Agreement that had set the
deadline for Leos to obtain proper fire permits by March 1, 2015.
8.
On or about August 21, 2015, I authorized AFM Crudele to conduct an operational
permit inspection, based on, among other things, my discussions with Gregory Minor, the prior site
visit, and a report from OPD that made it apparent that Leos had not corrected any of the deficiencies
noted in the July 14, 2015 site inspection. The purpose of the visit was to 1) confirm that the violations
noted were ongoing, and 2) if so, to yellow tag the premises, thus limiting the capacity for the venue
to 49 persons or less, including staff, effective immediately, until further notice.
9.
AFM Crudele sought assistance from OPD to escort him into Leos to conduct the site
inspection. It is a standard practice for the fire marshal to seek assistance or back up from the local
police department. Because we sometimes encounter patrons who are disappointed to learn that a
show or event that they expected to take place cannot due to lack of proper permits, OPD is present to
provide crowd control, among other things, if needed. In addition, I was aware that Petitioner had
previously made allegations against AFM Crudele. Thus, I thought it prudent to have OPD present to
witness and record the site visit.
10.
Based on our correspondence, I knew that AFM Crudele and the OPD team would
enter Leos at approximately 9:30 p.m. on Friday, August 21, 2015. Later that evening, between 10:00
p.m. and 11:00 p.m., AFM Crudele sent me a text message confirming that he had completed the
inspection as planned, without incident.
11.
To the best of my recollection, the weekend passed without any further correspondence
about the Friday, August 21, 2015, site inspection.

12.
On Monday, August 24, 2015, at or around 9:00 a.m., Petitioner and his business
partner, Michael OConnor showed up to my office unexpectedly. Even though they did not have an
appointment, I agreed to meet with them. They were there to talk about the sprinkler plans, fees and
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the turn around time for the same. During our meeting, Petitioner started to talk about an
unauthorized site inspection conducted by AFM Crudele that shut down Leos on Friday.
Petitioner claimed that AFM Crudele kicked everyone out, ordered them to shut down the music,
and claimed that he had recorded the whole incident. I specifically confirmed to Petitioner that I had
authorized the inspection, and that they were not shut down. I explained that they were allowed to
operate as long as the occupant load was kept at 49 or less. We did not talk in much more detail about
the Friday inspection because Petitioners business partner, Mr. OConnor instructed him not to talk
about it and to let it go.
13.
Later that day, at the approximately 11:26 a.m. I received an email from Petitioner
thanking me for meeting with he and his business partner and for taking the time to explain that in
fact, Leos should not have been shut down by Inspector Crudele and that he should not have turned
the music off and the lights up and ordered our patrons and staff to leave the building and ordered us
closed and subjected our staff and patrons to a police (sic). We appreciate the clarification that Leos
is allowed to stay open with a total occupancy of 49 until we get out sprinkler system in place. As a
result of that email, I followed up with AFM Crudele to confirm that he had proceeded as planned, and
yellow tagged Leos. Attached hereto as Exhibit B is a true and correct copy of the email that
Petitioner sent to me, and my follow up with AFM Crudele.
14.
Later that day, at approximately 2:24 p.m. I received a second email from Petitioner,
alleging for the first time, that AFM Crudele had carried a gun into Leos during his inspection on
Friday, August 21, 2015. The email was copied to Fire Chief Teresa Deloach Reed, and Jake Gould,
who I am informed, is Petitioners attorney in this matter. Attached hereto as Exhibit C is a true and
correct copy of the email from Petitioner to me and Fire Chief Teresa Deloach Reed.
15.
Not surprisingly, the 2:24 p.m. email from Petitioner triggered a flurry of emails about
the events of Friday, August 21, 2015, and what temporary action would be taken against AFM
Crudele during the investigation.
16.
After discussing the matter with AFM Crudele, who confirmed my prior understanding
that Leos was yellow tagged and that the site inspection otherwise took place without incident, I
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reached out to Oakland Police Officer Sergeant J. Mike Gantt, who was on site with AFM Crudele that
night. Sergeant Gantt confirmed that AFM Crudele was not carrying a gun, and was professional and
respectful to staff and patrons that night. He also offered to provide his PDRD recording, and the
recordings of other officers, which he advised were all active during the site visit. Based on Sergeant
Gantts representations, I recommended that AFM Crudele not be placed on administrative leave while
the matter was further investigated by OFD.
17.
I also asked AFM Crudele to provide me with a written statement of the events that
transpired on the night of August 21, 2015 at Leos. Attached hereto as Exhibit D is a true and correct
copy email that AFM Crudele sent to me in response to that request.
of America that the foregoing is true and correct. Executed this ___ day of October, 2015 in
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4 Telephone:
(510) 238-6524
Facsimile:
(510) 238-6500
6
X04175/1752591

7 VINCENT CRUDELE
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JASON PERKINS,
Petitioner,
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v.
VINCENT CRUDELE,
Respondent.
Case No. RG15783742

DECLARATION OF OAKLAND FIRE
MARSHAL MIGUEL TRUJILLO IN
SUPPORT OF OPPOSITION AND
RESTRAINING ORDER
Time: 9:00 a.m.
Dept.: 5, 3rd Floor
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DECLARATION OF OAKLAND FIRE MARSHAL MIGUEL TRUJILLO

I, FIRE MARSHAL MIGUEL TRUJILLO, declare as follows:
1.
I am the Fire Marshal for the City of Oakland (the City) and a member of the
Oakland Fire Department (OFD). I have personal knowledge of the matters set forth herein and if
called as a witness, I could and would testify competently thereto.
2.
I joined OFD as Fire Marshal in April 2015. Among other duties, I am responsible for
ensuring compliance with and enforcing fire safety laws and regulations, including those set forth in
the Oakland Municipal Code, the California Fire Code, the California Health and Safety Code, and the
California Building Code. I have specialized knowledge of these laws and regulations. I have been
working in fire prevention for the past twenty years in municipal fire departments throughout
California, including Gilroy, Oxnard and Newark.
3.
Respondent, Vincent Crudele is my direct report. Currently, he is the Supervisor of the
Vegetation Management Unit. However, between July and August 2015, I appointed him to serve as
Acting Assistant Fire Marshal (AFM), for a limited duration assignment.
4.
I am familiar with Petitioner Jason Perkins (Petitioner), an owner of clubs in Oakland
and San Francisco. Among other clubs, Petitioner is an owner of New Parish, located in downtown
Oakland at 579 18th Street, and Leos Music Club (Leos), located at 5447 Telegraph in the
Temescal District.
5.
On or about July 14, 2015, I joined AFM Crudele in plain clothes to observe potential
code violations at Leos. Since I was new to OFD and Leos history of non-compliance, I wanted to
see, firsthand, what violations I could observe. During that visit, we observed numerous Fire Code
violations. Attached hereto as Exhibit A, are true and correct copies of camera phone photos of AFM
Crudele and I from our site visit to Leos on July 14, 2015, and some of the violations that we noted.
6.
AFM Crudele also prepared a Report of Fire Inspection noting all of the violations
from our July 14, 2015 site visit for our records. I am informed that the Report from that inspection is
attached to the declaration of Vincent Crudele.
7.
Shortly thereafter, I spoke to Gregory Minor, Assistant to the City Administrator, who
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oversees the Nuisance Abatement/Special Activity Permits Division about my plans to re-inspect
Leos and to issue a Restricted Use tag (also called a yellow tag), which would limit the capacity
of Leos to 49 persons or less, based on, among other things, Leos failure to obtain a public assembly
permit. We also discussed the fact that Leos was in breach of a Settlement Agreement that had set the
deadline for Leos to obtain proper fire permits by March 1, 2015.
8.
On or about August 21, 2015, I authorized AFM Crudele to conduct an operational
permit inspection, based on, among other things, my discussions with Gregory Minor, the prior site
visit, and a report from OPD that made it apparent that Leos had not corrected any of the deficiencies
noted in the July 14, 2015 site inspection. The purpose of the visit was to 1) confirm that the violations
noted were ongoing, and 2) if so, to yellow tag the premises, thus limiting the capacity for the venue
to 49 persons or less, including staff, effective immediately, until further notice.
9.
AFM Crudele sought assistance from OPD to escort him into Leos to conduct the site
inspection. It is a standard practice for the fire marshal to seek assistance or back up from the local
police department. Because we sometimes encounter patrons who are disappointed to learn that a
show or event that they expected to take place cannot due to lack of proper permits, OPD is present to
provide crowd control, among other things, if needed. In addition, I was aware that Petitioner had
previously made allegations against AFM Crudele. Thus, I thought it prudent to have OPD present to
witness and record the site visit.
10.
Based on our correspondence, I knew that AFM Crudele and the OPD team would
enter Leos at approximately 9:30 p.m. on Friday, August 21, 2015. Later that evening, between 10:00
p.m. and 11:00 p.m., AFM Crudele sent me a text message confirming that he had completed the
inspection as planned, without incident.
11.
To the best of my recollection, the weekend passed without any further correspondence
about the Friday, August 21, 2015, site inspection.

12.
On Monday, August 24, 2015, at or around 9:00 a.m., Petitioner and his business
partner, Michael OConnor showed up to my office unexpectedly. Even though they did not have an
appointment, I agreed to meet with them. They were there to talk about the sprinkler plans, fees and
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the turn around time for the same. During our meeting, Petitioner started to talk about an
unauthorized site inspection conducted by AFM Crudele that shut down Leos on Friday.
Petitioner claimed that AFM Crudele kicked everyone out, ordered them to shut down the music,
and claimed that he had recorded the whole incident. I specifically confirmed to Petitioner that I had
authorized the inspection, and that they were not shut down. I explained that they were allowed to
operate as long as the occupant load was kept at 49 or less. We did not talk in much more detail about
the Friday inspection because Petitioners business partner, Mr. OConnor instructed him not to talk
about it and to let it go.
13.
Later that day, at the approximately 11:26 a.m. I received an email from Petitioner
thanking me for meeting with he and his business partner and for taking the time to explain that in
fact, Leos should not have been shut down by Inspector Crudele and that he should not have turned
the music off and the lights up and ordered our patrons and staff to leave the building and ordered us
closed and subjected our staff and patrons to a police (sic). We appreciate the clarification that Leos
is allowed to stay open with a total occupancy of 49 until we get out sprinkler system in place. As a
result of that email, I followed up with AFM Crudele to confirm that he had proceeded as planned, and
yellow tagged Leos. Attached hereto as Exhibit B is a true and correct copy of the email that
Petitioner sent to me, and my follow up with AFM Crudele.
14.
Later that day, at approximately 2:24 p.m. I received a second email from Petitioner,
alleging for the first time, that AFM Crudele had carried a gun into Leos during his inspection on
Friday, August 21, 2015. The email was copied to Fire Chief Teresa Deloach Reed, and Jake Gould,
who I am informed, is Petitioners attorney in this matter. Attached hereto as Exhibit C is a true and
correct copy of the email from Petitioner to me and Fire Chief Teresa Deloach Reed.
15.
Not surprisingly, the 2:24 p.m. email from Petitioner triggered a flurry of emails about
the events of Friday, August 21, 2015, and what temporary action would be taken against AFM
Crudele during the investigation.
16.
After discussing the matter with AFM Crudele, who confirmed my prior understanding
that Leos was yellow tagged and that the site inspection otherwise took place without incident, I
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reached out to Oakland Police Officer Sergeant J. Mike Gantt, who was on site with AFM Crudele that
night. Sergeant Gantt confirmed that AFM Crudele was not carrying a gun, and was professional and
respectful to staff and patrons that night. He also offered to provide his PDRD recording, and the
recordings of other officers, which he advised were all active during the site visit. Based on Sergeant
Gantts representations, I recommended that AFM Crudele not be placed on administrative leave while
the matter was further investigated by OFD.
17.
I also asked AFM Crudele to provide me with a written statement of the events that
transpired on the night of August 21, 2015 at Leos. Attached hereto as Exhibit D is a true and correct
copy email that AFM Crudele sent to me in response to that request.
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4

4 Telephone:
(510) 238-6524
Facsimile:
(510) 238-6500
X04175/1753522
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7 VINCENT CRUDELE
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JASON PERKINS,
Petitioner,
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v.
VINCENT CRUDELE,
Respondent.
Case No. RG15783742

DECLARATION OF GREGORY MINOR
IN SUPPORT OF OPPOSITION AND
RESTRAINING ORDER
Time: 9:00 a.m.
Dept.: 5, 3rd Floor
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I, GREGORY MINOR, declare as follows:
1.
I am an employee of the City of Oakland (the City) in the Office of the City
Administrator. I have personal knowledge of the matters set forth herein and if called as a witness, I
could and would testify competently thereto.
2.
I am an Assistant to the City Administrator. I oversee the Citys Nuisance
Abatement/Special Activity Permits Division (NA/SAP Division). I have been with the Office of
the City Administrator since January 2014. Prior to that I worked in the City Attorneys Office from
September 2012 to December 2013.
3.
I am familiar with Petitioner Jason Perkins (Petitioner) as an owner of clubs in
4.
In late August or early September 2014, the NA/SAP Division was first made aware
that an unpermitted cabaret (nightclub) was operating at Leos.

5.
On September 2, 2014, I attended a meeting with Petitioner, his business partner
Michael OConnor and various city department representatives. At that time, we instructed
Petitioner and Mr. OConnor to obtain appropriate fire, building and health approvals before
conducting any more cabaret activity.
6.
The following day, Nancy Marcus, Administrative Assistant for the NA/SAP
Division, sent Petitioner and Mr. OConnor a follow up email reminding them of the restrictions set
forth the previous day, and warning them of the consequences of failing to comply. Attached
hereto as Exhibit A is a true and correct copy of the email from Nancy Marcus to Petitioner and
Mr. OConnor on September 3, 2014.
7.
On October 10, 2014, I issued Petitioner and Mr. OConnor a 30-Day Notice to
Abate based on information that we had received confirming that Leos was still operating as a
cabaret without a permit. Attached hereto as Exhibit B is a true and correct copy of the 30-Day
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Notice to Abate that I sent to Petitioner and Mr. OConnor on October 10, 2014.
8.
As a result of the Notice to Abate, on or about December 4, 2014, the NA/SAP
Division entered into a settlement agreement with Petitioner and Mr. OConnor, 1) deferring the
fees assessed in the Notice to Abate; 2) granting Leos additional time to obtain fire, health,
building, and cabaret approvals; and 3) allowing Leos to operate as a cabaret in the interim, on two
conditions. First, they were required to obtain special event permits from the Oakland Police
Department (OPD), which are typically single use permits tied to specific events that a venue
intends to host. Second, Leos was to a have Fire Watch for any event, which required
coordination with the Oakland Fire Department (OFD) to have a fire code inspector present at
any special event on the property. The Settlement Agreement set the deadline to obtain all
underlying permits and come into compliance by March 1, 2015, and failure to do so would
resurrect the deferred fines. Attached hereto as Exhibit C is a true and correct copy of the
Settlement Agreement entered into by Petitioner and Mr. OConnor, on behalf of Leos, and by me,
on behalf of the NA/SAP Division, on December 4, 2014.
9.
The Settlement Agreement took almost two months to execute. I recall that the
execution of the Settlement Agreement was delayed, in part, due to Petitioner taking time to notify
the NA/SAP Division of a deadline that he thought he could reasonably meet. It was Petitioner that
ultimately set the March 1, 2015, deadline.
10.
I understand that Leos may have obtained special events permits for a few events,
but do not believe that they fully complied with the interim requirements of the Settlement
Agreement. OPD and OFD would have more complete records of Leos compliance, or lack
thereof, during the period between December 4, 2014 and March 1, 2015.
11.
The expiration date of the Settlement Agreement, March 1, 2015, came and went.
At no time prior to the expiration of the March 1, 2015 deadline did anyone from Leos ever reach
out to me to advise me that they would not be able to meet the March 1, 2015, deadline. Despite
not obtaining the proper permits pursuant to the Settlement Agreement, Leos nevertheless
continued to operate as a cabaret after the March 1, 2015, deadline.
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12.
On or about, June 2, 2015, we issued a $5,602 fine against Petitioner and OConnor
pursuant to the Settlement Agreement, of which they were in breach due to continued unpermitted
cabaret activity. Attached hereto as Exhibit D is a true and correct copy of the June 2, 2015, letter
that I sent assessing the $5,602 fine.
13.
On or about June 8, 2015, Petitioner sent an email to me and other City staff
expressing his shock at the fine that we assessed. Attached hereto as Exhibit E is a true and
correct copy of the June 8, 2015 email to me and other City staff from Petitioner.
14.
To the best of my knowledge, neither Petitioner nor Mr. OConnor ever paid the
fine. Moreover, based on a review of Leos website located at www.clubleos.com and reports by
OPD, OFD, and the Department of Alcohol Beverage Control, Leos unpermitted cabaret activity
continued.
15.
I am informed that on or about July 14, 2015, Fire Marshal Miguel Trujillo and
Respondent, acting Assistant Fire Marshal (AFM) Vincent Crudele, conducted a plain clothes site
visit of Leos, during which they observed numerous California Fire Code violations, including
overcrowding and a locked rear exit door. Thereafter, Fire Marshal Trujillo and I spoke about his
plans to re-inspect Leos, and to issue a yellow tag, which would limit the capacity of Leos to 49
persons or less, based on, among other things, Leos failure to obtain a public assembly permit. I recall
that Fire Marshal Trujillo and AFM Crudele also observed Leos unlicensed cabaret activity that
evening.
16.
I am informed that on or about August 21, 2015, AFM Crudele and a team from OPD
entered Leos to conduct a formal operational permit inspection. I understand that the staff was unable
to produce any valid permits, and, as a result, the property was yellow tagged.
17.
On September 3, 2015, I assessed a $15,000 fine against Petitioner and Mr. OConnor
as a result of, among other things, Leos continued unpermitted cabaret activity, Leos failure to reply
to the June 2, 2015 fine, and Leos breach of the Settlement Agreement. Attached hereto as Exhibit F
is a true and correct copy of the letter that I sent to Petitioner and Mr. OConnor on behalf of the
NA/SAP Division on September 3, 2015.
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18.
On or about September 15, 2015, Petitioner filed an administrative appeal of the
September 3, 2015 fine assessment. Attached hereto as Exhibit G, is a true and correct copy of the
appeal filed by Petitioner. The hearing on this matter, originally set for October 14, 2015, has been
continued to October 20, 2015.
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GREGORY MINOR
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BARBARA J. PARKER, City Attorney, SBN 069722

1 OTIS McGEE, JR., Chief Assistant City Attorney, SBN 071885
JAMES F. HOGKINS, Senior Deputy City Attorney, SBN 142561
2 SELIA M. WARREN, Deputy City Attorney, SBN 233877
One Frank H. Ogawa Plaza, 6th Floor
3 Oakland, California 94612
Telephone:
(510) 238-6524
4 Facsimile:
(510) 238-6500
Email: swarren@oaklandcityattorney.org
5 X04175/1770003
6 Attorneys for Respondent
VINCENT CRUDELE
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SUPERIOR COURT OF STATE OF CALIFORNIA
COUNTY OF ALAMEDA
10 JASON PERKINS,
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Petitioner,
v.
13 VINCENT CRUDELE,
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Respondent.
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Case No. RG15783742

RESPONDENT VINCENT CRUDELES
PETITION FOR RESTRAINING
ORDER; MEMORANDUM OF POINTS
AND AUTHORITIES IN SUPPORT
THEREOF
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[ATTACHMENT 9 JUSTIFICATION
OR EXCUSE; ATTACHMENT 11
ATTORNEYS FEES AND COSTS]
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[Code of Civil Procedure 527.6(h)]
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Time: 9:00 a.m.
Dept.: 5, 3rd Floor
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Pursuant to Code of Civil Procedure section 527.6(h) Respondent Vincent Crudele (Respondent) hereby
23 respectfully submits this opposition and response (Response) to the Petition of Jason Perkins (Petitioner) for a
24 Restraining Order (Petition).
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RESPONDENT VINCENT CRUDELES OPPOSITION AND RESPONSE TO PETITION FOR RESTRAINING ORDER;
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
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TABLE OF CONTENTS
ATTACHMENT 9 JUSTIFICATION OR EXCUSE..................................................................1
I.
Introduction.........................................................................................................................1
II.
Legal Standard ....................................................................................................................2
III.
Summary of Facts and Evidence ........................................................................................4
IV.
Argument ..........................................................................................................................11
V.
Conclusion ........................................................................................................................14
ATTACHMENT 11 - ATTORNEY'S FEES................................................................................14
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RESPONDENT VINCENT CRUDELES OPPOSITION AND RESPONSE TO PETITION FOR RESTRAINING
ORDER; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF
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ATTACHMENT 9 JUSTIFICATION OR EXCUSE

I.
INTRODUCTION
This is a case about an Oakland club owner frustrated by the bureaucratic process of
4 bringing his nightclubs into compliance with the California Fire Code and Oakland Municipal Code
5 who has lashed out against an Oakland Fire Department employee charged with the task of code
6 enforcement and permit inspections. At all times in which Respondent and Petitioner have
7 interacted since 2013, Respondent has either been executing his duties as a Fire Code Inspector or
8 as Acting Assistant Fire Marshall. Moreover, every interaction by Respondent with Petitioner has
9 been authorized by a City of Oakland (City) official, and witnessed by various City staff. Indeed,
10 two interactions were recorded by officers of the Oakland Police Department (OPD), including
11 the events that triggered this Petition on the night of August 21, 2015.
12
Petitioner has a history of making false allegations against Respondent. In August 2014,
13 Petitioner made false allegations against Respondent based on his belief that Respondent had
14 directed the Citys Temescal District Fire Station to shut down his unpermitted and illegally
15 operating night club: Leos Music Club (Leos). This time, Petitioner boldly alleges that
16 Respondent entered Leos on August 21, 2015, armed with a gun, handcuffs and a nightstick;
17 threatened and intimidated his patrons and staff; and ultimately shut down the club. Petitioner
18 was not there. More importantly, in addition to the numerous other witnesses actually present that
19 night, Respondent, another OFD employee, seven (7) OPD officers, and recorded video of the
20 evening prove that these allegations are irrefutably false.
21
The most incredible part of Petitioners allegations is how outrageously false they are. Yet,
22 Petitioner has had some success with this method in the past: In 2014, Petitioners outrageous
23 allegations regarding a site visit to Leos forced Respondent, who was not present at the site visit, to
24 submit to an internal investigation, and the OFD personnel actually involved, to be redirected.
25 Thus, it comes as no surprise that Petitioner would revive this tried-and-true method of attack in an
26 effort to thwart the Citys efforts to cause Leos owners to bring the club into compliance.
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This time Petitioner goes too far. In seeking a restraining order against Respondent,
1
1 Petitioner has sworn, under penalty of perjury, that the allegations he has made are true. The
2 evidence submitted with this Response proves that Petitioners allegations are not credible, and in
3 fact, are overwhelmingly false. Petitioner has improperly invoked the power of the Court to tarnish
4 the reputation of Respondent, and to intimidate other OFD staff from entering his clubs for the
5 purpose of code enforcement. Petitioners abuse of process should not be rewarded. The Petition
6 should be dismissed with prejudice, and Petitioner admonished for wasting the precious resources
7 of the Court, and of the City.
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II.
LEGAL STANDARD
Code of Civil Procedure section 527.6(a)(1) provides that, A person who has suffered
10 harassment as defined in subdivision (b) may seek a temporary restraining order and an injunction
11 prohibiting harassment as provided in this section. Harassment is defined as unlawful violence, a
12 credible threat of violence, or a knowing and willful course of conduct directed at a specific person
13 [] that serves no legitimate purpose. CODE CIV. PROC. 527.6(b)(3). Credible threat of
14 violence is defined as a knowing and willful statement or course of conduct that would place a
15 reasonable person in fear for his or her safety [] that serves no legitimate purpose. CODE CIV.
16 PROC. 527.6(b)(2). Course of conduct is defined as a pattern of conduct composed of a series of
17 acts over a period of time, however short, evidencing a continuity of purpose. CODE CIV. PROC.
18 527.6(b)(1). Constitutionally protected activities are not included in the definition of course of
19 conduct. Id.
20
Pursuant to Code of Civil Procedure section 527.6(h), the Respondent may file a response
21 that explains, excuses, justifies, or denies the alleged harassment. CODE CIV. PROC. 527.6(h).
22 In considering the Petition and Response, the Court shall consider testimony that is relevant and
23 may make independent inquiry. CODE CIV. PROC. 527.6(i). All relevant evidence is admissible at
24 the Courts discretion, including hearsay evidence. See Duronslet v. Kamps, 203 Cal. App. 4th 717,
25 728-29 (2012); Kaiser Foundation Hospitals v. Wilson, 201 Cal. App. 4th 550, 557-58 (2011)
26 (holding that CODE CIV. PROC. 527.8, which includes identical language that court shall receive
27 any testimony that is relevant, requires that the court receive relevant hearsay evidence). In order
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1 to issue a restraining order, the Court must find by clear and convincing evidence that unlawful
2 harassment exists. CODE CIV. PROC. 527.6(i); Schraer v. Berkeley Property Owners' Assn., 207
3 Cal. App. 3d 719, 733 (1989). The clear and convincing standard requires a finding of high
4 probability that unlawful harassment exists. Russell v. Douvan, 112 Cal. App. 4th 399, 401, 403
5 (2003).
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In other words, the unlawful conduct should be ongoing. Scripps Health v. Marin, 72 Cal.
7 App. 4th 324, 333 (1999) (finding that the course of challenged conduct must be ongoing at the
8 time injunction is sought in order to obtain injunctive relief under harassment statute) (interpreting
9 related work place violence statute, CODE CIV. PROC. 527.8).
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However, at a minimum, the harassment must be likely to recur in the future. Russell, 112
11 Cal. App. 4th at 402 (An injunction is authorized only when it appears that wrongful acts are likely
12 to recur.); R.D. v. P.M., 202 Cal. App. 4th 181, 189 (2011); also Scripps Health, 72 Cal. App. 4th
13 at 333(it must appear with reasonable certainty that the wrongful acts will be continued or
14 repeated.) (citation omitted). The issuance of an injunction cannot be based on past acts or for the
15 purpose of punishment for prior acts. Scripps Health, 72 Cal. App. 4th at 332-33 (It should neither
16 serve as punishment for past acts, nor be exercised in the absence of any evidence establishing the
17 reasonable probability the acts will be repeated in the future.); Russell, 112 Cal. App. 4th at 403
18 (a court cannot issue an injunction unless it finds by clear and convincing evidence that unlawful
19 harassment exists, [] not that it existed in the past.); Huntingdon Life Sciences, Inc. v. Stop
20 Huntingdon Animal Cruelty USA, Inc., 129 Cal. App. 4th 1228, 1266 (2005).
21
Even a single act of violence may not justify an issuance of injunction absent a finding that
22 future harm is highly probable. Russell, 112 Cal. App. 4th at 401, 404 (reversing trial court ruling
23 issuing an injunction against former attorney based on a single act of unlawful violence against
24 opposing counsel where no finding that likelihood of future harm was highly probable); Leydon v.
25 Alexander, 212 Cal. App. 3d 1, 5 (1989) (reversing trial court judgment and holding that terminated
26 employees single act of confronting former employer with abusive language did not constitute
27 course of conduct within meaning of CODE CIV. PROC. 527.6).
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Finally, not only can injunctive relief be denied where the defendant has voluntarily
2 discontinued the wrongful conduct, there exists no equitable reason for ordering it where the
3 defendant has in good faith discontinued the proscribed conduct. Scripps Health, 72 Cal. App. 4th
4 at 332-33 (citations omitted).
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The express and implied findings that support the Courts entry of a restraining order must
6 be justified by substantial evidence in the record. R.D., 202 Cal. App. 4th at 188. The prevailing
7 party may be awarded court costs and attorneys fees. CODE CIV. PROC. 527.6(r).
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III.
A. Respondents Prior Interactions with Petitioner.
a. January 2013.
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SUMMARY OF FACTS AND EVIDENCE1
In or about January 15, 2013, the Office of the City Administrator issued a Cease and Desist
12 Letter to New Parish, a club located at 579 18th Street in Oakland, also owned by Petitioner, based
13 on his continued operation of the club without a valid cabaret permit, which had expired. On
14 January 26, 2013, Respondent entered New Parish, to conduct an authorized site inspection.
15 (Crudele Decl. 4-5.) Officer Jennifer Sena of the ABAT Unit was also present. (Sena Decl. 6.)
16 Petitioner was not on site that evening. (Crudele Decl. 5; Sena Decl. 7.) Respondent issued a
17 Report of Fire Inspection documenting numerous Fire Code violations. (Id.)
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On January 31, 2013, Respondent and Officer Sena returned to New Parish to meet with
19 Petitioner and the other owners of the club. (Crudele 6; Sena 8) Officer Senas PDRD was
20 activated for the visit. (Sena Decl. 9.) This was the first time that Respondent and Officer Sena
21 met Petitioner and his business partner, Michael OConnor. (Crudele Decl. 6; Sena Decl. 9,
22 Exh. C (1st File, Pict0005_2013.01.31_21.08.50 at Min. 0:42-1:24).)
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The declarations of first hand witnesses, and the evidence attached thereto are the best
source of the facts. The declarations in support of this Response are as follows: 1) OFD Supervisor
Vincent Crudele (Crudele Decl.); 2) OPD Officer Jennifer Sena (Sena Decl.); 3) OFD Fire
Captain Lawrence Hom (Hom Decl.); 4) OFD Fire Fighter Dominic Antes (Antes Decl.); 5)
OFD Fire Marshal Miguel Trujillo (Trujillo Decl.); 6) OPD Sergeant James Gantt (Gantt
Decl.); 7) OFD Fire Investigator David Davis (Davis Decl.); 8) Gregory Minor, Assistant to the
City Administrator (Minor Decl.); and 9) Selia M. Warren, Deputy City Attorney (Warren
Decl.). We provide this summary for the Courts convenience.
4
Respondent gave a presentation about the violations he observed on the prior visit to the
2 owners of Leos, including Petitioner. (See, e.g. Id. at Min. 3:24- 11:30.) During the subsequent
3 discussion, Petitioners partner, Mr. OConnor notes that Respondent is making the steps that they
4 need to take to come into compliance far more crystal clear than anybody else has ever made it
5 before. (Id. at Min. 16:24 18:55; Crudele Decl. 6.)
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During the approximately 90 minute visit, Officer Sena explained Petitioners options
7 with regard to a show apparently planned for that evening, which included rescheduling the show,
8 or going on with the show and risking OPD coming in and shutting it down. (Crudele Decl. 7;
9 Sena Decl. 9, Exh. C (2nd File, Pict006_2013.1.31.22.35.26 at Min. 0:44 1:30).) Petitioner
10 acknowledged that the show could not go forward, and expressed his disappointment that [he was]
11 caught in a bureacratic mess in trying to obtain the proper permits. (Crudele Decl. 7; Sena Decl.
12 Exh. C (2nd File, Pict006_2013.1.31.22.35.26 at Min. 5:30-5:40; 6:18-6:22).) In explaining how
13 it was that he did not know that the City had issued a cease and desist letter, and that New Parish
14 was operating without proper permits, Petitioner declared that the United States Post Office does
15 not deliver Leos mail, and that if you mailed something to Leos he might get it in two months.
16 (Id. at Min. 7:36-8:42.)
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The visit ended with Respondent walking Petitioner through the checklist of items he
18 needed to complete in order to come into compliance. (Id. at Min. 9:48-12:20.) Overall, the tone of
19 the visit was friendly and positive. At a minimum, this visit did not result in any complaints about
20 Respondent. (Sena Decl. 10; Warren Decl. 3(noting no record of complaints prior to period
21 August 2014).)
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b. February 2013 August 2013.

Between February and August 2013, Petitioner and Respondent exchanged numerous
24 emails, and met, in person, through possibly two meetings attended by other City staff at City Hall.
25 (Crudele Decl. 9-15 & Exhs. C-H; Sena Decl. 11.) At no time during this period did Petitioner
26 ever allege that Respondent had behaved inappropriately. (Id. 16; Sena Decl. 11; Warren Decl.
27 3 (noting no record of complaints prior to period August 2014).)
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In August 2013, Respondent was promoted to Vegetation Management Supervisor and was
2 no longer in charge of code enforcement for businesses. (Id. 17.)

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B. Respondents Prior False Allegations Against Petitioner.

On August 23, 2014, Petitioner alleged for the first time, that Respondent engaged in
5 threatening behavior one year earlier in 2013 (without specifying a date), two times at the counter
6 in the summer of 2014, and that day, indirectly, through OFD employees at Fire Station 8. (Warren
7 Decl., 2, Exh. A.). As a result of Petitioners false allegations, Respondent was forced to go
8 through an internal investigation. (Crudele Decl. 20.) The other OFD employees named in
9 Petitioners complaint as a result of the August 23, 2014 incident, were directed not to enter Leos
10 again, and to leave code enforcement to the Assistant Fire Marshal, among others (Hom Decl. 13;
11 Antes Decl. 11.)2 Significantly, since Petitioners made his false allegations in August 2014, no
12 OFD employee from Fire Station 8, the Citys Temescal District Fire Station, which is closest to
13 Leos, has entered Leos for the purposes of code enforcement, notwithstanding its noncompliance,
14 which continues to present day. (Hom Decl. 13; Antes Decl. 11; Minor Decl. 4-18 (noting
15 Leos history of illegally operating without a cabaret permit, among numerous other prerequisite
16 permits); Sena 12 (noting citation for serving alcohol without a license on August 7, 2015).)
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Shortly thereafter, the Nuisance Abatement/Special Activity Permits Division of the Office
18 of the City Administrator learned that Leos was engaged in unpermitted cabaret activity. (Minor
19 Decl. 4.) Ultimately, the Division entered into a Settlement Agreement with Petitioner, and set a
20 deadline for compliance to March 1, 2015. The deadline passed, and Leos continued to operate
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2 The Declarations of Oakland Fire Captain Lawrence Hom and Fire Fighter Dominic Antes
22 describe the August 23, 2014 incident in further detail. In brief, Captain Hom noticed what
appeared to be music club activity in a building that had been closed for several years, and, based
23 on his independent observations, stopped to inquire about proper permits. Ultimately, he and
Firefighter Dominic Antes, who was serving as an Arson Investigator at the time, informed the staff
24 on site that the show they were setting up for that night could not legally proceed and was subject to
being shut down by OPD. Petitioner was never on site. Antes spoke to Petitioner by phone, who
25 became irate, and later complained to the OPD Fire Chief that Respondent had sent Captain Hom
and Antes to shut Leos down. (See. e.g., Hom Decl. 3-13; Antes Decl. 4-11 & Warren
26 Decl. 2, Exh. A (email entitiled Most abusive city official ever experienced in 25 years of
business.) It was in that complaint that Petitioner first alleged any improper behavior by
27 Respondent.
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1 illegally. (Minor Decl. 11.)

C. Respondents Authorized Site Visits to Leos in July and August 2015.
In April 2015, Fire Marshal Miguel Trujillo joined OFD. (Trujillo Decl. 2.) Fire Marshal
4 Trujillo promoted Respondent to Acting Assistant Fire Marshal for a limited duration assignment in
5 July and August. (Crudele Decl. 24; Trujillo Decl. 3.)
On July 14, 2015, at the direction of Fire Marshal Trujillo, and in his capacity as Acting
7 Assistant Fire Marshal, Respondent and Fire Marshal Trujillo entered Leos to conduct a plain
8 clothes site visit to observe Fire Code and OMC violations. (Crudele Decl. 25; Trujillo Decl. 5.)
Based on their observations from the July 14, 2015, site visit, subsequent conversations with
10 the Nuisance Abatement/Special Activity Permits Division, and an OPD report that confirmed that
11 Leos was continuing to operate without proper permits, Fire Marshal Trujillo authorized
12 Respondent to enter Leos on August 21, 2015. (Trujillo Decl. 7-8.) The purpose of the visit
13 was to check for proper permits, and, assuming they were lacking, to place a Restricted Use tag
14 (or yellow tag) on the property, which limited the capacity of the venue to 49 persons or less.
15 (Id.)
On August 21, 2015, at the direction, and pursuant to the authority of the Fire Marshal,
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17 Respondent entered Leos accompanied by seven (7) officers of the Oakland Police Department
18 (OPD), and Fire Inspector David Davis. (Crudele Decl. 26-27.) It is standard practice for the
19 Fire Marshal to enlist OPD for assistance in permit inspections, particularly where crowds are
20 involved. (Crudele Decl. 26; Trujillo Decl. 9.) Moreover, in this case, Fire Marshal Trujillo
21 was aware of Petitioners prior allegations, and thought it prudent to have OPD present to document
22 and record the inspection, just in case it resulted in any accusations by Petitioner. (Trujillo Decl.
23 9.)
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Respondent entered Leos on August 21, 2015 around 9:00 p.m. (Gantt Decl. 3; Davis
25 Decl. 4.) During the inspection, Respondent spoke with various staff, including Bar Manager,
26 Alex Corrone and Sound Manager, Justin Zachary Pader. (Crudele Decl. 27; Gant Decl. 6.)
27 The entire inspection was captured on video by OPD PDRD recordings. (Gant Decl. 5, 10 &
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1 Exh. A (PDRD recordings by Sergeant Gantt and Officer Vanessa Tanner).) The staff was unable
2 to produce a single valid permit, and none were otherwise posted anywhere on the premises,
3 (Crudele Decl. 27-28; Gantt Decl. 6.) As a result of their inability to produce any valid
4 permits, Respondent issued a yellow tag, and notified the staff of its capacity restrictions.
5 (Crudele Decl. 28 & Exh. M.)
Towards the end of the visit, Ms. Corrone called Petitioner on her phone, and put him on the
7 phone with Respondent. (Gantt Decl. 7; Crudele Decl. 29.) Petitioner was livid that
8 Respondent was at Leos conducting what he viewed as an unauthorized inspection, and
9 immediately began threatening to get Respondent in trouble. (Crudele Decl. 29; Gantt Decl. 7
10 (noting that he heard Petitioner threatening to call his lawyer to deal with the situation.)
11 Petitioner was on speakerphone, and thus his threats can be overheard on Sergeant Gantts PDRD
12 recording. (See Gantt Decl. 10, Exh. A (2nd file PICT0021_2015_.08.22_03.59.08 at Min.
13 20:52-23:59).) Among other things, Respondent specifically tells Petitioner that You are not
14 closed for business, and explains the implications of the yellow tag capacity restriction. (Id. at
15 Min. 22:35-22:45 ) Although Petitioner can be overheard threatening Petitioner, Petitioner remains
16 respectful and ends the conversation with Have a great evening, thank you. (Id. at Min. 23:5617 59.) Petitioner was never physically present during the site inspection that evening. (Crudele Decl.
18 27; Gantt Decl. 5, 7 & 10, Exh. A).)
The visit lasted a little over 30 minutes. (Crudele Decl. 29; see also Gantt Decl. 10, Exh.
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20 A (PDRD recordings).)3 When Respondent and the team of OPD officers departed Leos, patrons
21 were still present. (Gantt Decl. 9; Davis 6.) Respondent acted in a friendly and professional
22 manner at all times during the site visit. (Crudele 31; Gantt 8, 10 & Exh. A (PDRD
23 recordings); Davis 5.)
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Petitioner also takes issue with the fact that the lights were turned on during the August 21,
2015 site inspection. As evidenced by the OPD PDRD video, the music was turned off
25 approximately ten minutes into the site visit for the remainder of the visit (approximately 19
minutes) so that Respondent and his team did not have to continue to yell over the music while
26 talking to staff. (See Gantt Decl. 10, Exh. A (2nd file PICT0021_2015_.08.22_03.59.08 at Min.
10:08).) Likewise, the lights were turned on for an even shorter period of time, approximately 12
27 minutes, before the team departed. (Id. at Min. 17:40; Cf. Id. at Min. 29:19.)
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True to his threats, Petitioner appeared unannounced, with his business partner Mr.
2 OConnor, at the office of Fire Marshal Trujillo on the following Monday, August 24, 2015 at
3 about 9:00 a.m. (Trujillo Decl. 12.) Petitioners stated purpose for the visit, however, was to
4 discuss sprinkler plans. (Id.) During the meeting, Petitioner began to complain about an
5 unauthorized inspection by Respondent that shut down Leos on Friday night (August 21, 2015).
6 (Id.) Fire Marshal Trujillo immediately corrected him and confirmed that he authorized the site
7 inspection, and further explained that Leos was not shut down, but rather they were allowed to
8 operate as long as the occupant load remained at 49 persons or less. (Id.)
9
Later that day, at 11:26 a.m. Petitioner sent Fire Marshal Trujillo an email blatantly
10 mischaracterizing the prior conversation that they had in his office, and claiming that Fire Marshal
11 Trujillo had, among other things, confirmed that Respondent should not have shut [Leos]
12 down. (Trujillo Decl. 13 & Exh. B.) By 2:24 p.m., Petitioners allegations regarding the events
13 of the prior Friday night further escalated, and suddenly, for the first time, Petitioner claimed that
14 Respondent had carried a gun into Leos and pressed [his] employees into a line against the wall
15 during his illegal shutdown of Leos over the weekend. (Trujillo Decl. 14, Exh. C.) Sergeant
16 Gantt, Inspector Davis, and Respondent all submitted written statements confirming that
17 Petitioners allegations were untrue. (Trujillo Decl. 16-17 & Exh. D; Crudele Decl. 35, Exh.
18 O.) Sergeant Gantt also offered and ultimately did provide PDRD recordings from that evening,
19 which confirmed the accuracy of the statements submitted by Respondent, Sergeant Gantt and
20 Inspector Davis. (Trujillo Decl. 16, Gantt Decl. 10, Exh. A.)
21
Publically, Petitioner told the following story: Crudele and ten armed police officers (and
22 6-7 police cars) pulled up to Leos Music Club. They reportedly lined up patrons and staff, and
23 informed everyone that the venue was now closed, and that anyone who tried to open the club
24 would be arrestedThe [Fire] Marshall (sic) had no idea there were police involved, no idea
25 that we were told to shut down. (Warren Decl. 4, Exh. B (CBS local new article at p. 2)
26 (emphasis added).)
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D. Petitioners False Allegations in the Petition.

9
The Petition alleges three dates on which Respondent supposedly harassed Petitioner: May
2 25, 2013, August 28, 2014, and August 21, 2015. On May 25, 2013, Respondent was not on duty,
3 and was not in the City. (Crudele Decl. 33.) Respondent did not interact in any way with
4 Petitioner that day. (Id.) Significantly, Petitioner and Respondent exchanged numerous emails
5 very close to that time period (May 31, 2013 through July 31, 2013).4 (Crudele Decl. 11-14,
6 Exhs. E-H.) At no time during those emails did Petitioner ever allege that Respondent had acted
7 inappropriately, in any way, and there is no record of Petitioner ever making a formal complaint
8 against Respondent in 2013. (Id.; Warren Decl. 3 (noting the absence of any record prior to
9 2014.)
10
The second date that Petitioner alleges is August 28, 2014, however, he likely meant to
11 allege August 23, 2014. (See Part III.B, supra; Crudele Decl. 18-20, 34.) As set forth in
12 Respondents declaration and the declarations of OFD Fire Captain Hom and OFD Fire Fighter
13 Dominic Antes, Respondent was not present at Leos that day, and never ordered or otherwise
14 directed Captain Hom or Fire Fighter Antes to shut down Leos. (Crudele Decl. 18-20, 34;
15 Hom Decl. 2-13; Antes Decl. 4-11.) Petitioner was also not present at Leos that day. (Id.)
16 Indeed, he admits as much in the original email complaint that he sent to OFD Fire Chief Teresa
17 Deloach Reed, on August 23, 2014. (Warren Decl. 2, Exh. A (see email at page 4 acknowledging
18 that the entire incident occurred via phone call through Captain Hom and Fire Fighter Antes).)
19
To the extent that Petitioner intended to allege August 28, 2014, as the actual date of
20 harassment, Respondent was also not on duty that day, and did not otherwise interact in any way
21 with Petitioner. (Crudele Decl. 34, Exh. N.) In fact, by that date, Respondent had already learned
22 of Petitioners false allegations against him as a result of the August 23, 2014, site visit by Captain
23 Hom and Fire Fighter Antes, and was busy responding to the allegations against him. (Crudele
24 Decl. 34; see also 18, Exh. I (first email, dated August 28, 2014, to Fire Chief Reed, explaining
25
4 Interestingly, Respondents May 31, 2013 email references a visit by OPD Officer J. Romero
26 on that date (May 25, 2013) and the following day (May 26, 2013). We have not requested it, but
Officer Romero, and possibly a PDRD recording, could also confirm that Respondent was not
27 present at New Parish that day, if necessary.
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10
1 Respondents lack of contact with Petitioner).)

2
Finally, the third date Petitioner alleges in the Petition is August 21, 2015. Significantly, the
3 allegations in the Petition evolve, yet again, and claim that Respondent brandished [not only] a
4 gun, [but also] handcuffs and a night stick. As set forth in Part III.C, supra, none of Petitioners
5 allegations regarding that night are true.
6
The Petition also contains general allegations untied to any specific date. For example,
7 Petitioner alleges that [i]n previous encounters I have been thrown up against a wall and held by
8 my throat. However, prior to Petitioners complaints about Respondent on August 21, 2015, the
9 only other allegations about Respondent are come from the August 23, 2014 complaint, which do
10 not contain any reference to being held by his throat. (Warren Decl. 2-3 & Exh. A (August 23,
11 2014, email to Fire Chief Reed)5.) In addition, although the Petition suggests that the act of
12 Respondent carrying a gun into his venues is a recurring event, Petitioner had never before made
13 such an allegation until the instant Petition. (cf. Trujillo Decl. 14, Exh. C (claiming, for the first
14 time, that Respondent was armed with a gun on the night of August 21, 2015; no allegations of
15 prior similar acts); Warren Decl. 2-3 & Exh. A (August 23, 2014, email to Fire Chief Reed, the
16 first formal complaint ever recorded by Petitioner about Respondent).)
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IV. ARGUMENT
The Petition should be denied because Petitioner has failed to allege incidents of unlawful
19 harassment by clear and convincing evidence. CODE CIV. PROC. 527.6(i). Harassment is defined
20 as unlawful violence, a credible threat of violence, or a knowing and willful course of conduct
21 directed at a specific person [] that serves no legitimate purpose. CODE CIV. PROC.
22 527.6(b)(3). Petitioners vague allegations do not credibly establish an act of violence, a credible
23 threat of violence, or a course of conduct. In fact, to the extent that Petitioners allegations show
24
5 In the email, Petitioner Vaguely alleges that in 2013, Respondent entered New Parish and
25 pushed me against the wall and screamed at me with his face barely being 2 from my face. He
said he would have me locked up, thrown in jail if I even said a word. After the dust settled, I was
26 told to adjust a couple of exit signs and after he forced us closed for one show, we re-opened and
were not cited for any violations. The allegations regarding being shut down in 2013, suggest
27 that he was referring the to January 31, 2013, visit with Officer Sena, although this is unclear.
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1 anything, it is that Respondent was acting in the course and scope of his official duties as an
2 employee of OFD, and thus interacted with Respondent for a legitimate purpose, i.e. to execute
3 those duties.
4
Moreover, the clear and convincing standard requires a finding of high probability that
5 unlawful harassment exists. Russell, 112 Cal. App. 4th at 401, 403. By contrast, the evidence
6 submitted herein reveals at best, a low probability that anything Petitioner has alleged is true.
7 Likewise, even if Petitioners wild accusations are to be believed, an injunction cannot be based on
8 past acts, but rather must be ongoing or likely to recur in the future. See, e.g. Scripps Health, 72
9 Cal. App. 4th at 332-33, Russell, 112 Cal. App. 4th at 402. There is no such evidence here. As set
10 forth above, Respondent is currently assigned to the Vegetation Management Unit, and does not
11 have any reason to interact with Petitioner. In fact, but for the limited duration assignment to
12 Acting Assistant Fire Marshal, Respondent had not had any direct contact with Petitioner since his
13 promotion to Vegetation Management Supervisor in August 2013. (Crudele Decl. 17.) Further,
14 there is no evidence to suggest that Respondent is likely to interact with Petitioner outside of his
15 official duties as an employee of OFD at any time in the future, and he has never done so in the
16 past.
17
Importantly, since the evening of August 21, 2015, on which Respondent was executing his
18 official duties as Acting Assistant Fire Marshal, Respondent has not interacted with Petitioner in
19 any way, and without the need for a formal TRO governing this matter.6 Respondents voluntarily
20 cessation of the purportedly wrongful conduct further warrants dismissal of the Petition. Scripps
21 Health, 72 Cal. App. 4th at 332-33 (noting that not only can injunctive relief be denied where the
22 defendant has voluntarily discontinued the wrongful conduct, (cite) there exists no equitable reason
23 for ordering it where the defendant has in good faith discontinued the proscribed conduct.).
Petitioner alleges three dates in which Respondent supposedly engaged in illegal
24
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To assuage any concerns of Petitioners counsel, Respondent agreed, informally, to avoid

interacting with Petitioner or entering any of his clubs during the time between the date of the initial
26 TRO hearing and the date of the ultimate hearing on a restraining order. This was a mere formality,
however, as Respondent has no interest in Petitioner outside of the execution of his official duties
27 as an employee of OFD.
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1 harassment: May 25, 2013, August 28, 2014, and August 21, 2015. The overwhelming evidence set
2 forth herein, shows that Petitioners allegations regarding the night of August 21, 2015, are patently
3 false, and Petitioner was not on site at the time. See Part III.C, supra. The Petition should be
4 denied based on this irrefutable evidence alone, which defeats Petitioners only allegation of
5 harassment by Respondent for the last year.
6
The next alleged date of harassment is August 28, 2014, which Petitioner likely intended to
7 be August 23, 2014.7 (See Part III.B, supra; Crudele Decl. 18-20, 34.) Respondent was not
8 present at Leos that day, and never directed any OFD employee to shut down Leos. (Crudele
9 Decl. 18-20, 34; Hom Decl. 2-13; Antes Decl. 4-11.) Petitioner was also not present that
10 day and admits that he never spoke directly to Respondent. (Warren Decl. 2, Exh. A
11 (acknowledging that entire incident occurred via phone call through Captain Hom and Antes).)
12
The oldest date of harassment alleged is May 25, 2013. Respondent was not on duty or
13 even in town on this date. (Crudele Decl. 33.) Moreover, the first time Petitioner ever alleges
14 any harassment at any time by Respondent is in August 2014, and correspondence between
15 Respondent and Petitioner during this time reveals no evidence of any harassment. (Warren Decl.
16 3 (noting the absence of any record prior to 2014); Crudele Decl. 11-14, Exhs. E-H.)
17
To recap Petitioners allegations: Petitioner alleges three dates of harassment, two of which
18 Petitioner was not even present at the time of the alleged harassment (August 23, 2014 & August
19 21, 2015), and two of which Respondent was not present at the time of the alleged harassment (May
20 25, 2013 and August 23, 2014). Petitioners allegations regarding the most recent of the three
21 alleged events is on video and obviously false. Thus, all that remains of Petitioners allegations are
22 the purported events in May 2013 and August 2014, which involve dates on which Respondent was
23 not on duty, and not in town. To be clear, Respondent specifically denies ever having harassed or
24
harassment,
Respondent was also not on duty that day, and did not otherwise interact in any way
25
with Petitioner. (Crudele Decl. 34, Exh. N.) Thus, notwithstanding Petitioners wild theories,
26 there is literally no evidence that supports Petitioners allegation of harassment for either August
23, 2014 or August 28, 2014.
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1 threatened Petitioner on the dates alleged in the Petition, or on any other dates. (Crudele Decl.
2 32.) Petitioner has improperly invoked the power of the Court to defame Respondent and to deter
3 other OFD employees from entering his clubs for purposes of code enforcement. Petitioners abuse
4 of process should not be rewarded. The Petition should be dismissed with prejudice, and Petitioner
5 admonished for this flagrant abuse of process.
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V.
CONCLUSION
For the foregoing reasons, Respondent respectfully requests that the Court issue an order
8 dismissing the Petition with prejudice and declaring Respondent the prevailing party pursuant to
9 Code of Civil Procedure section 527.6(r).
10
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Dated: October 26, 2015
BARBARA J. PARKER, City Attorney

OTIS McGEE, JR. Chief Assistant City Attorney
JAMES F. HOGKINS, Senior Deputy City Attorney
SELIA M. WARREN, Deputy City Attorney
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By:
SELIA M. WARREN
Attorneys for Respondent VINCENT CRUDELE
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ATTACHMENT 11 LAWYERS FEES AND COSTS
Respondent expressly reserves the right to recover fees after this Petition is properly
3 dismissed with prejudice. Pursuant to Code of Civil Procedure section 527.6(r), the prevailing
4 party may be awarded court costs and attorneys fees. CODE CIV. PROC. 527.6(r). This provision
5 applies equally to a prevailing defendant, and is subject only to the Courts discretion. Krug v.
6 Maschmeier, 172 Cal. App. 4th 796, 803 (2009) (A prevailing defendant can recover attorney fees
7 in an action for an antiharassment injunction if the trial court decides in its discretion to award such
8 fees.) A prevailing defendant may be awarded fees even if the action was brought in good faith and
9 is not frivolous. (Id.) Attorneys fees are particularly appropriate in this case, where, as here, the
10 Petition is plainly frivolous, and has forced a public entity to expend significant funds defending the
11 matter. The City will submit a proper motion for attorneys fees to the Court upon favorable
12 resolution of this matter.
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1
BARBARA J. PARKER, City Attorney, SBN 069722

1 OTIS McGEE, JR., Chief Assistant City Attorney, SBN 071885
JAMES F. HOGKINS, Senior Deputy City Attorney, SBN 142561
2 SELIA M. WARREN, Deputy City Attorney, SBN 233877
One Frank H. Ogawa Plaza, 6th Floor
3 Oakland, California 94612
Telephone:
(510) 238-6524
4 Facsimile:
(510) 238-6500
Email: swarren@oaklandcityattorney.org
5 X04175/1770003
6 Attorneys for Respondent
VINCENT CRUDELE
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SUPERIOR COURT OF STATE OF CALIFORNIA
COUNTY OF ALAMEDA
10 JASON PERKINS,
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Petitioner,
v.
13 VINCENT CRUDELE,
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Case No. RG15783742
Respondent.
RESPONDENT VINCENT CRUDELES

PETITION FOR RESTRAINING
ORDER; MEMORANDUM OF POINTS
AND AUTHORITIES IN SUPPORT
THEREOF
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[ATTACHMENT 9 JUSTIFICATION
OR EXCUSE; ATTACHMENT 11
ATTORNEYS FEES AND COSTS]
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[Code of Civil Procedure 527.6(h)]
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Time: 9:00 a.m.
Dept.: 5, 3rd Floor
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Pursuant to Code of Civil Procedure section 527.6(h) Respondent Vincent Crudele
23 (Respondent) hereby respectfully submits this opposition and response (Response) to the
24 Petition of Jason Perkins (Petitioner) for a Restraining Order (Petition).
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TABLE OF CONTENTS
ATTACHMENT 9 JUSTIFICATION OR EXCUSE. ................................................................ 1
I.
Introduction ........................................................................................................................ 1
II.
Legal Standard .................................................................................................................... 2
III.
Summary of Facts and Evidence ........................................................................................ 4
IV.
Argument .......................................................................................................................... 11
V.
Conclusion ........................................................................................................................ 14
ATTACHMENT 11 - ATTORNEY'S FEES ............................................................................... 14
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ATTACHMENT 9 JUSTIFICATION OR EXCUSE

I.
INTRODUCTION
This is a case about an Oakland club owner frustrated by the bureaucratic process of
4 bringing his nightclubs into compliance with the California Fire Code and Oakland Municipal Code
5 who has lashed out against an Oakland Fire Department employee charged with the task of code
6 enforcement and permit inspections. At all times in which Respondent and Petitioner have
7 interacted since 2013, Respondent has either been executing his duties as a Fire Code Inspector or
8 as Acting Assistant Fire Marshall. Moreover, every interaction by Respondent with Petitioner has
9 been authorized by a City of Oakland (City) official, and witnessed by various City staff. Indeed,
10 two interactions were recorded by officers of the Oakland Police Department (OPD), including
11 the events that triggered this Petition on the night of August 21, 2015.
12
Petitioner has a history of making false allegations against Respondent. In August 2014,
13 Petitioner made false allegations against Respondent based on his belief that Respondent had
14 directed the Citys Temescal District Fire Station to shut down his unpermitted and illegally
15 operating night club: Leos Music Club (Leos). This time, Petitioner boldly alleges that
16 Respondent entered Leos on August 21, 2015, armed with a gun, handcuffs and a nightstick;
17 threatened and intimidated his patrons and staff; and ultimately shut down the club. Petitioner
18 was not there. More importantly, in addition to the numerous other witnesses actually present that
19 night, Respondent, another OFD employee, seven (7) OPD officers, and recorded video of the
20 evening prove that these allegations are irrefutably false.
21
The most incredible part of Petitioners allegations is how outrageously false they are. Yet,
22 Petitioner has had some success with this method in the past: In 2014, Petitioners outrageous
23 allegations regarding a site visit to Leos forced Respondent, who was not present at the site visit, to
24 submit to an internal investigation, and the OFD personnel actually involved, to be redirected.
25 Thus, it comes as no surprise that Petitioner would revive this tried-and-true method of attack in an
26 effort to thwart the Citys efforts to cause Leos owners to bring the club into compliance.
27
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This time Petitioner goes too far. In seeking a restraining order against Respondent,
1
1 Petitioner has sworn, under penalty of perjury, that the allegations he has made are true. The
2 evidence submitted with this Response proves that Petitioners allegations are not credible, and in
3 fact, are overwhelmingly false. Petitioner has improperly invoked the power of the Court to tarnish
4 the reputation of Respondent, and to intimidate other OFD staff from entering his clubs for the
5 purpose of code enforcement. Petitioners abuse of process should not be rewarded. The Petition
6 should be dismissed with prejudice, and Petitioner admonished for wasting the precious resources
7 of the Court, and of the City.
8
9
II.
LEGAL STANDARD
Code of Civil Procedure section 527.6(a)(1) provides that, A person who has suffered
10 harassment as defined in subdivision (b) may seek a temporary restraining order and an injunction
11 prohibiting harassment as provided in this section. Harassment is defined as unlawful violence, a
12 credible threat of violence, or a knowing and willful course of conduct directed at a specific person
13 [] that serves no legitimate purpose. CODE CIV. PROC. 527.6(b)(3). Credible threat of
14 violence is defined as a knowing and willful statement or course of conduct that would place a
15 reasonable person in fear for his or her safety [] that serves no legitimate purpose. CODE CIV.
16 PROC. 527.6(b)(2). Course of conduct is defined as a pattern of conduct composed of a series of
17 acts over a period of time, however short, evidencing a continuity of purpose. CODE CIV. PROC.
18 527.6(b)(1). Constitutionally protected activities are not included in the definition of course of
19 conduct. Id.
20
Pursuant to Code of Civil Procedure section 527.6(h), the Respondent may file a response
21 that explains, excuses, justifies, or denies the alleged harassment. CODE CIV. PROC. 527.6(h).
22 In considering the Petition and Response, the Court shall consider testimony that is relevant and
23 may make independent inquiry. CODE CIV. PROC. 527.6(i). All relevant evidence is admissible at
24 the Courts discretion, including hearsay evidence. See Duronslet v. Kamps, 203 Cal. App. 4th 717,
25 728-29 (2012); Kaiser Foundation Hospitals v. Wilson, 201 Cal. App. 4th 550, 557-58 (2011)
26 (holding that CODE CIV. PROC. 527.8, which includes identical language that court shall receive
27 any testimony that is relevant, requires that the court receive relevant hearsay evidence). In order
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2
1 to issue a restraining order, the Court must find by clear and convincing evidence that unlawful
2 harassment exists. CODE CIV. PROC. 527.6(i); Schraer v. Berkeley Property Owners' Assn., 207
3 Cal. App. 3d 719, 733 (1989). The clear and convincing standard requires a finding of high
4 probability that unlawful harassment exists. Russell v. Douvan, 112 Cal. App. 4th 399, 401, 403
5 (2003).
6
In other words, the unlawful conduct should be ongoing. Scripps Health v. Marin, 72 Cal.
7 App. 4th 324, 333 (1999) (finding that the course of challenged conduct must be ongoing at the
8 time injunction is sought in order to obtain injunctive relief under harassment statute) (interpreting
9 related work place violence statute, CODE CIV. PROC. 527.8).
10
However, at a minimum, the harassment must be likely to recur in the future. Russell, 112
11 Cal. App. 4th at 402 (An injunction is authorized only when it appears that wrongful acts are likely
12 to recur.); R.D. v. P.M., 202 Cal. App. 4th 181, 189 (2011); also Scripps Health, 72 Cal. App. 4th
13 at 333(it must appear with reasonable certainty that the wrongful acts will be continued or
14 repeated.) (citation omitted). The issuance of an injunction cannot be based on past acts or for the
15 purpose of punishment for prior acts. Scripps Health, 72 Cal. App. 4th at 332-33 (It should neither
16 serve as punishment for past acts, nor be exercised in the absence of any evidence establishing the
17 reasonable probability the acts will be repeated in the future.); Russell, 112 Cal. App. 4th at 403
18 (a court cannot issue an injunction unless it finds by clear and convincing evidence that unlawful
19 harassment exists, [] not that it existed in the past.); Huntingdon Life Sciences, Inc. v. Stop
20 Huntingdon Animal Cruelty USA, Inc., 129 Cal. App. 4th 1228, 1266 (2005).
21
Even a single act of violence may not justify an issuance of injunction absent a finding that
22 future harm is highly probable. Russell, 112 Cal. App. 4th at 401, 404 (reversing trial court ruling
23 issuing an injunction against former attorney based on a single act of unlawful violence against
24 opposing counsel where no finding that likelihood of future harm was highly probable); Leydon v.
25 Alexander, 212 Cal. App. 3d 1, 5 (1989) (reversing trial court judgment and holding that terminated
26 employees single act of confronting former employer with abusive language did not constitute
27 course of conduct within meaning of CODE CIV. PROC. 527.6).
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3
Finally, not only can injunctive relief be denied where the defendant has voluntarily
2 discontinued the wrongful conduct, there exists no equitable reason for ordering it where the
3 defendant has in good faith discontinued the proscribed conduct. Scripps Health, 72 Cal. App. 4th
4 at 332-33 (citations omitted).
5
The express and implied findings that support the Courts entry of a restraining order must
6 be justified by substantial evidence in the record. R.D., 202 Cal. App. 4th at 188. The prevailing
7 party may be awarded court costs and attorneys fees. CODE CIV. PROC. 527.6(r).
8
III.
A. Respondents Prior Interactions with Petitioner.
a. January 2013.
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SUMMARY OF FACTS AND EVIDENCE1
In or about January 15, 2013, the Office of the City Administrator issued a Cease and Desist
12 Letter to New Parish, a club located at 579 18th Street in Oakland, also owned by Petitioner, based
13 on his continued operation of the club without a valid cabaret permit, which had expired. On
14 January 26, 2013, Respondent entered New Parish, to conduct an authorized site inspection.
15 (Crudele Decl. 4-5.) Officer Jennifer Sena of the ABAT Unit was also present. (Sena Decl. 6.)
16 Petitioner was not on site that evening. (Crudele Decl. 5; Sena Decl. 7.) Respondent issued a
17 Report of Fire Inspection documenting numerous Fire Code violations. (Id.)
18
On January 31, 2013, Respondent and Officer Sena returned to New Parish to meet with
19 Petitioner and the other owners of the club. (Crudele 6; Sena 8) Officer Senas PDRD was
20 activated for the visit. (Sena Decl. 9.) This was the first time that Respondent and Officer Sena
21 met Petitioner and his business partner, Michael OConnor. (Crudele Decl. 6; Sena Decl. 9,
22 Exh. C (1st File, Pict0005_2013.01.31_21.08.50 at Min. 0:42-1:24).)
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The declarations of first hand witnesses, and the evidence attached thereto are the best
source of the facts. The declarations in support of this Response are as follows: 1) OFD Supervisor
Vincent Crudele (Crudele Decl.); 2) OPD Officer Jennifer Sena (Sena Decl.); 3) OFD Fire
Captain Lawrence Hom (Hom Decl.); 4) OFD Fire Fighter Dominic Antes (Antes Decl.); 5)
OFD Fire Marshal Miguel Trujillo (Trujillo Decl.); 6) OPD Sergeant James Gantt (Gantt
Decl.); 7) OFD Fire Investigator David Davis (Davis Decl.); 8) Gregory Minor, Assistant to the
City Administrator (Minor Decl.); and 9) Selia M. Warren, Deputy City Attorney (Warren
Decl.). We provide this summary for the Courts convenience.
4
Respondent gave a presentation about the violations he observed on the prior visit to the
2 owners of Leos, including Petitioner. (See, e.g. Id. at Min. 3:24- 11:30.) During the subsequent
3 discussion, Petitioners partner, Mr. OConnor notes that Respondent is making the steps that they
4 need to take to come into compliance far more crystal clear than anybody else has ever made it
5 before. (Id. at Min. 16:24 18:55; Crudele Decl. 6.)
6
During the approximately 90 minute visit, Officer Sena explained Petitioners options
7 with regard to a show apparently planned for that evening, which included rescheduling the show,
8 or going on with the show and risking OPD coming in and shutting it down. (Crudele Decl. 7;
9 Sena Decl. 9, Exh. C (2nd File, Pict006_2013.1.31.22.35.26 at Min. 0:44 1:30).) Petitioner
10 acknowledged that the show could not go forward, and expressed his disappointment that [he was]
11 caught in a bureacratic mess in trying to obtain the proper permits. (Crudele Decl. 7; Sena Decl.
12 Exh. C (2nd File, Pict006_2013.1.31.22.35.26 at Min. 5:30-5:40; 6:18-6:22).) In explaining how
13 it was that he did not know that the City had issued a cease and desist letter, and that New Parish
14 was operating without proper permits, Petitioner declared that the United States Post Office does
15 not deliver Leos mail, and that if you mailed something to Leos he might get it in two months.
16 (Id. at Min. 7:36-8:42.)
17
The visit ended with Respondent walking Petitioner through the checklist of items he
18 needed to complete in order to come into compliance. (Id. at Min. 9:48-12:20.) Overall, the tone of
19 the visit was friendly and positive. At a minimum, this visit did not result in any complaints about
20 Respondent. (Sena Decl. 10; Warren Decl. 3(noting no record of complaints prior to period
21 August 2014).)
22
23
b. February 2013 August 2013.

Between February and August 2013, Petitioner and Respondent exchanged numerous
24 emails, and met, in person, through possibly two meetings attended by other City staff at City Hall.
25 (Crudele Decl. 9-15 & Exhs. C-H; Sena Decl. 11.) At no time during this period did Petitioner
26 ever allege that Respondent had behaved inappropriately. (Id. 16; Sena Decl. 11; Warren Decl.
27 3 (noting no record of complaints prior to period August 2014).)
28
5
In August 2013, Respondent was promoted to Vegetation Management Supervisor and was
2 no longer in charge of code enforcement for businesses. (Id. 17.)

B. Respondents Prior False Allegations Against Petitioner.
On August 23, 2014, Petitioner alleged for the first time, that Respondent engaged in
5 threatening behavior one year earlier in 2013 (without specifying a date), two times at the counter
6 in the summer of 2014, and that day, indirectly, through OFD employees at Fire Station 8. (Warren
7 Decl., 2, Exh. A.). As a result of Petitioners false allegations, Respondent was forced to go
8 through an internal investigation. (Crudele Decl. 20.) The other OFD employees named in
9 Petitioners complaint as a result of the August 23, 2014 incident, were directed not to enter Leos
10 again, and to leave code enforcement to the Assistant Fire Marshal, among others (Hom Decl. 13;
11 Antes Decl. 11.)2 Significantly, since Petitioners made his false allegations in August 2014, no
12 OFD employee from Fire Station 8, the Citys Temescal District Fire Station, which is closest to
13 Leos, has entered Leos for the purposes of code enforcement, notwithstanding its noncompliance,
14 which continues to present day. (Hom Decl. 13; Antes Decl. 11; Minor Decl. 4-18 (noting
15 Leos history of illegally operating without a cabaret permit, among numerous other prerequisite
16 permits); Sena 12 (noting citation for serving alcohol without a license on August 7, 2015).)
Shortly thereafter, the Nuisance Abatement/Special Activity Permits Division of the Office
17
18 of the City Administrator learned that Leos was engaged in unpermitted cabaret activity. (Minor
19 Decl. 4.) Ultimately, the Division entered into a Settlement Agreement with Petitioner, and set a
20 deadline for compliance to March 1, 2015. The deadline passed, and Leos continued to operate
21
The Declarations of Oakland Fire Captain Lawrence Hom and Fire Fighter Dominic Antes
22 describe the August 23, 2014 incident in further detail. In brief, Captain Hom noticed what
appeared to be music club activity in a building that had been closed for several years, and, based
23 on his independent observations, stopped to inquire about proper permits. Ultimately, he and
Firefighter Dominic Antes, who was serving as an Arson Investigator at the time, informed the staff
24 on site that the show they were setting up for that night could not legally proceed and was subject to
being shut down by OPD. Petitioner was never on site. Antes spoke to Petitioner by phone, who
25 became irate, and later complained to the OPD Fire Chief that Respondent had sent Captain Hom
and Antes to shut Leos down. (See. e.g., Hom Decl. 3-13; Antes Decl. 4-11 & Warren
26 Decl. 2, Exh. A (email entitiled Most abusive city official ever experienced in 25 years of
business.) It was in that complaint that Petitioner first alleged any improper behavior by
27 Respondent.
28
6
1 illegally. (Minor Decl. 11.)

C. Respondents Authorized Site Visits to Leos in July and August 2015.
In April 2015, Fire Marshal Miguel Trujillo joined OFD. (Trujillo Decl. 2.) Fire Marshal
4 Trujillo promoted Respondent to Acting Assistant Fire Marshal for a limited duration assignment in
5 July and August. (Crudele Decl. 24; Trujillo Decl. 3.)
On July 14, 2015, at the direction of Fire Marshal Trujillo, and in his capacity as Acting
7 Assistant Fire Marshal, Respondent and Fire Marshal Trujillo entered Leos to conduct a plain
8 clothes site visit to observe Fire Code and OMC violations. (Crudele Decl. 25; Trujillo Decl. 5.)
Based on their observations from the July 14, 2015, site visit, subsequent conversations with
10 the Nuisance Abatement/Special Activity Permits Division, and an OPD report that confirmed that
11 Leos was continuing to operate without proper permits, Fire Marshal Trujillo authorized
12 Respondent to enter Leos on August 21, 2015. (Trujillo Decl. 7-8.) The purpose of the visit
13 was to check for proper permits, and, assuming they were lacking, to place a Restricted Use tag
14 (or yellow tag) on the property, which limited the capacity of the venue to 49 persons or less.
15 (Id.)
On August 21, 2015, at the direction, and pursuant to the authority of the Fire Marshal,
16
17 Respondent entered Leos accompanied by seven (7) officers of the Oakland Police Department
18 (OPD), and Fire Inspector David Davis. (Crudele Decl. 26-27.) It is standard practice for the
19 Fire Marshal to enlist OPD for assistance in permit inspections, particularly where crowds are
20 involved. (Crudele Decl. 26; Trujillo Decl. 9.) Moreover, in this case, Fire Marshal Trujillo
21 was aware of Petitioners prior allegations, and thought it prudent to have OPD present to document
22 and record the inspection, just in case it resulted in any accusations by Petitioner. (Trujillo Decl.
23 9.)
24
Respondent entered Leos on August 21, 2015 around 9:00 p.m. (Gantt Decl. 3; Davis
25 Decl. 4.) During the inspection, Respondent spoke with various staff, including Bar Manager,
26 Alex Corrone and Sound Manager, Justin Zachary Pader. (Crudele Decl. 27; Gant Decl. 6.)
27 The entire inspection was captured on video by OPD PDRD recordings. (Gant Decl. 5, 10 &
28
7
1 Exh. A (PDRD recordings by Sergeant Gantt and Officer Vanessa Tanner).) The staff was unable
2 to produce a single valid permit, and none were otherwise posted anywhere on the premises,
3 (Crudele Decl. 27-28; Gantt Decl. 6.) As a result of their inability to produce any valid
4 permits, Respondent issued a yellow tag, and notified the staff of its capacity restrictions.
5 (Crudele Decl. 28 & Exh. M.)
Towards the end of the visit, Ms. Corrone called Petitioner on her phone, and put him on the
7 phone with Respondent. (Gantt Decl. 7; Crudele Decl. 29.) Petitioner was livid that
8 Respondent was at Leos conducting what he viewed as an unauthorized inspection, and
9 immediately began threatening to get Respondent in trouble. (Crudele Decl. 29; Gantt Decl. 7
10 (noting that he heard Petitioner threatening to call his lawyer to deal with the situation.)
11 Petitioner was on speakerphone, and thus his threats can be overheard on Sergeant Gantts PDRD
12 recording. (See Gantt Decl. 10, Exh. A (2nd file PICT0021_2015_.08.22_03.59.08 at Min.
13 20:52-23:59).) Among other things, Respondent specifically tells Petitioner that You are not
14 closed for business, and explains the implications of the yellow tag capacity restriction. (Id. at
15 Min. 22:35-22:45 ) Although Petitioner can be overheard threatening Petitioner, Petitioner remains
16 respectful and ends the conversation with Have a great evening, thank you. (Id. at Min. 23:5617 59.) Petitioner was never physically present during the site inspection that evening. (Crudele Decl.
18 27; Gantt Decl. 5, 7 & 10, Exh. A).)
The visit lasted a little over 30 minutes. (Crudele Decl. 29; see also Gantt Decl. 10, Exh.
19
20 A (PDRD recordings).)3 When Respondent and the team of OPD officers departed Leos, patrons
21 were still present. (Gantt Decl. 9; Davis 6.) Respondent acted in a friendly and professional
22 manner at all times during the site visit. (Crudele 31; Gantt 8, 10 & Exh. A (PDRD
23 recordings); Davis 5.)
24
Petitioner also takes issue with the fact that the lights were turned on during the August 21,
2015 site inspection. As evidenced by the OPD PDRD video, the music was turned off
25 approximately ten minutes into the site visit for the remainder of the visit (approximately 19
minutes) so that Respondent and his team did not have to continue to yell over the music while
26 talking to staff. (See Gantt Decl. 10, Exh. A (2nd file PICT0021_2015_.08.22_03.59.08 at Min.
10:08).) Likewise, the lights were turned on for an even shorter period of time, approximately 12
27 minutes, before the team departed. (Id. at Min. 17:40; Cf. Id. at Min. 29:19.)
28
8
True to his threats, Petitioner appeared unannounced, with his business partner Mr.
2 OConnor, at the office of Fire Marshal Trujillo on the following Monday, August 24, 2015 at
3 about 9:00 a.m. (Trujillo Decl. 12.) Petitioners stated purpose for the visit, however, was to
4 discuss sprinkler plans. (Id.) During the meeting, Petitioner began to complain about an
5 unauthorized inspection by Respondent that shut down Leos on Friday night (August 21, 2015).
6 (Id.) Fire Marshal Trujillo immediately corrected him and confirmed that he authorized the site
7 inspection, and further explained that Leos was not shut down, but rather they were allowed to
8 operate as long as the occupant load remained at 49 persons or less. (Id.)
9
Later that day, at 11:26 a.m. Petitioner sent Fire Marshal Trujillo an email blatantly
10 mischaracterizing the prior conversation that they had in his office, and claiming that Fire Marshal
11 Trujillo had, among other things, confirmed that Respondent should not have shut [Leos]
12 down. (Trujillo Decl. 13 & Exh. B.) By 2:24 p.m., Petitioners allegations regarding the events
13 of the prior Friday night further escalated, and suddenly, for the first time, Petitioner claimed that
14 Respondent had carried a gun into Leos and pressed [his] employees into a line against the wall
15 during his illegal shutdown of Leos over the weekend. (Trujillo Decl. 14, Exh. C.) Sergeant
16 Gantt, Inspector Davis, and Respondent all submitted written statements confirming that
17 Petitioners allegations were untrue. (Trujillo Decl. 16-17 & Exh. D; Crudele Decl. 35, Exh.
18 O.) Sergeant Gantt also offered and ultimately did provide PDRD recordings from that evening,
19 which confirmed the accuracy of the statements submitted by Respondent, Sergeant Gantt and
20 Inspector Davis. (Trujillo Decl. 16, Gantt Decl. 10, Exh. A.)
21
Publically, Petitioner told the following story: Crudele and ten armed police officers (and
22 6-7 police cars) pulled up to Leos Music Club. They reportedly lined up patrons and staff, and
23 informed everyone that the venue was now closed, and that anyone who tried to open the club
24 would be arrestedThe [Fire] Marshall (sic) had no idea there were police involved, no idea
25 that we were told to shut down. (Warren Decl. 4, Exh. B (CBS local new article at p. 2)
26 (emphasis added).)
27
28
D. Petitioners False Allegations in the Petition.

9
The Petition alleges three dates on which Respondent supposedly harassed Petitioner: May
2 25, 2013, August 28, 2014, and August 21, 2015. On May 25, 2013, Respondent was not on duty,
3 and was not in the City. (Crudele Decl. 33.) Respondent did not interact in any way with
4 Petitioner that day. (Id.) Significantly, Petitioner and Respondent exchanged numerous emails
5 very close to that time period (May 31, 2013 through July 31, 2013).4 (Crudele Decl. 11-14,
6 Exhs. E-H.) At no time during those emails did Petitioner ever allege that Respondent had acted
7 inappropriately, in any way, and there is no record of Petitioner ever making a formal complaint
8 against Respondent in 2013. (Id.; Warren Decl. 3 (noting the absence of any record prior to
9 2014.)
The second date that Petitioner alleges is August 28, 2014, however, he likely meant to
10
11 allege August 23, 2014. (See Part III.B, supra; Crudele Decl. 18-20, 34.) As set forth in
12 Respondents declaration and the declarations of OFD Fire Captain Hom and OFD Fire Fighter
13 Dominic Antes, Respondent was not present at Leos that day, and never ordered or otherwise
14 directed Captain Hom or Fire Fighter Antes to shut down Leos. (Crudele Decl. 18-20, 34;
15 Hom Decl. 2-13; Antes Decl. 4-11.) Petitioner was also not present at Leos that day. (Id.)
16 Indeed, he admits as much in the original email complaint that he sent to OFD Fire Chief Teresa
17 Deloach Reed, on August 23, 2014. (Warren Decl. 2, Exh. A (see email at page 4 acknowledging
18 that the entire incident occurred via phone call through Captain Hom and Fire Fighter Antes).)
19
20 harassment, Respondent was also not on duty that day, and did not otherwise interact in any way
21 with Petitioner. (Crudele Decl. 34, Exh. N.) In fact, by that date, Respondent had already learned
22 of Petitioners false allegations against him as a result of the August 23, 2014, site visit by Captain
23 Hom and Fire Fighter Antes, and was busy responding to the allegations against him. (Crudele
24 Decl. 34; see also 18, Exh. I (first email, dated August 28, 2014, to Fire Chief Reed, explaining
25
Interestingly, Respondents May 31, 2013 email references a visit by OPD Officer J. Romero
26 on that date (May 25, 2013) and the following day (May 26, 2013). We have not requested it, but
Officer Romero, and possibly a PDRD recording, could also confirm that Respondent was not
27 present at New Parish that day, if necessary.
28
10
1 Respondents lack of contact with Petitioner).)

Finally, the third date Petitioner alleges in the Petition is August 21, 2015. Significantly, the
3 allegations in the Petition evolve, yet again, and claim that Respondent brandished [not only] a
4 gun, [but also] handcuffs and a night stick. As set forth in Part III.C, supra, none of Petitioners
5 allegations regarding that night are true.
The Petition also contains general allegations untied to any specific date. For example,
7 Petitioner alleges that [i]n previous encounters I have been thrown up against a wall and held by
8 my throat. However, prior to Petitioners complaints about Respondent on August 21, 2015, the
9 only other allegations about Respondent are come from the August 23, 2014 complaint, which do
10 not contain any reference to being held by his throat. (Warren Decl. 2-3 & Exh. A (August 23,
11 2014, email to Fire Chief Reed)5.) In addition, although the Petition suggests that the act of
12 Respondent carrying a gun into his venues is a recurring event, Petitioner had never before made
13 such an allegation until the instant Petition. (cf. Trujillo Decl. 14, Exh. C (claiming, for the first
14 time, that Respondent was armed with a gun on the night of August 21, 2015; no allegations of
15 prior similar acts); Warren Decl. 2-3 & Exh. A (August 23, 2014, email to Fire Chief Reed, the
16 first formal complaint ever recorded by Petitioner about Respondent).)
17
IV. ARGUMENT
18
The Petition should be denied because Petitioner has failed to allege incidents of unlawful
19 harassment by clear and convincing evidence. CODE CIV. PROC. 527.6(i). Harassment is defined
20 as unlawful violence, a credible threat of violence, or a knowing and willful course of conduct
21 directed at a specific person [] that serves no legitimate purpose. CODE CIV. PROC.
22 527.6(b)(3). Petitioners vague allegations do not credibly establish an act of violence, a credible
23 threat of violence, or a course of conduct. In fact, to the extent that Petitioners allegations show
24
In the email, Petitioner Vaguely alleges that in 2013, Respondent entered New Parish and
25 pushed me against the wall and screamed at me with his face barely being 2 from my face. He
said he would have me locked up, thrown in jail if I even said a word. After the dust settled, I was
26 told to adjust a couple of exit signs and after he forced us closed for one show, we re-opened and
were not cited for any violations. The allegations regarding being shut down in 2013, suggest
27 that he was referring the to January 31, 2013, visit with Officer Sena, although this is unclear.
28
11
1 anything, it is that Respondent was acting in the course and scope of his official duties as an
2 employee of OFD, and thus interacted with Respondent for a legitimate purpose, i.e. to execute
3 those duties.
4
Moreover, the clear and convincing standard requires a finding of high probability that
5 unlawful harassment exists. Russell, 112 Cal. App. 4th at 401, 403. By contrast, the evidence
6 submitted herein reveals at best, a low probability that anything Petitioner has alleged is true.
7 Likewise, even if Petitioners wild accusations are to be believed, an injunction cannot be based on
8 past acts, but rather must be ongoing or likely to recur in the future. See, e.g. Scripps Health, 72
9 Cal. App. 4th at 332-33, Russell, 112 Cal. App. 4th at 402. There is no such evidence here. As set
10 forth above, Respondent is currently assigned to the Vegetation Management Unit, and does not
11 have any reason to interact with Petitioner. In fact, but for the limited duration assignment to
12 Acting Assistant Fire Marshal, Respondent had not had any direct contact with Petitioner since his
13 promotion to Vegetation Management Supervisor in August 2013. (Crudele Decl. 17.) Further,
14 there is no evidence to suggest that Respondent is likely to interact with Petitioner outside of his
15 official duties as an employee of OFD at any time in the future, and he has never done so in the
16 past.
17
Importantly, since the evening of August 21, 2015, on which Respondent was executing his
18 official duties as Acting Assistant Fire Marshal, Respondent has not interacted with Petitioner in
19 any way, and without the need for a formal TRO governing this matter.6 Respondents voluntarily
20 cessation of the purportedly wrongful conduct further warrants dismissal of the Petition. Scripps
21 Health, 72 Cal. App. 4th at 332-33 (noting that not only can injunctive relief be denied where the
22 defendant has voluntarily discontinued the wrongful conduct, (cite) there exists no equitable reason
23 for ordering it where the defendant has in good faith discontinued the proscribed conduct.).
24
25
To assuage any concerns of Petitioners counsel, Respondent agreed, informally, to avoid

interacting with Petitioner or entering any of his clubs during the time between the date of the initial
26 TRO hearing and the date of the ultimate hearing on a restraining order. This was a mere formality,
however, as Respondent has no interest in Petitioner outside of the execution of his official duties
27 as an employee of OFD.
28
12
Petitioner alleges three dates in which Respondent supposedly engaged in illegal
2 harassment: May 25, 2013, August 28, 2014, and August 21, 2015. The overwhelming evidence set
3 forth herein, shows that Petitioners allegations regarding the night of August 21, 2015, are patently
4 false, and Petitioner was not on site at the time. See Part III.C, supra. The Petition should be
5 denied based on this irrefutable evidence alone, which defeats Petitioners only allegation of
6 harassment by Respondent for the last year.
7
The next alleged date of harassment is August 28, 2014, which Petitioner likely intended to
8 be August 23, 2014.7 (See Part III.B, supra; Crudele Decl. 18-20, 34.) Respondent was not
9 present at Leos that day, and never directed any OFD employee to shut down Leos. (Crudele
10 Decl. 18-20, 34; Hom Decl. 2-13; Antes Decl. 4-11.) Petitioner was also not present that
11 day and admits that he never spoke directly to Respondent. (Warren Decl. 2, Exh. A
12 (acknowledging that entire incident occurred via phone call through Captain Hom and Antes).)
13
The oldest date of harassment alleged is May 25, 2013. Respondent was not on duty or
14 even in town on this date. (Crudele Decl. 33.) Moreover, the first time Petitioner ever alleges
15 any harassment at any time by Respondent is in August 2014, and correspondence between
16 Respondent and Petitioner during this time reveals no evidence of any harassment. (Warren Decl.
17 3 (noting the absence of any record prior to 2014); Crudele Decl. 11-14, Exhs. E-H.)
18
To recap Petitioners allegations: Petitioner alleges three dates of harassment, two of which
19 Petitioner was not even present at the time of the alleged harassment (August 23, 2014 & August
20 21, 2015), and two of which Respondent was not present at the time of the alleged harassment (May
21 25, 2013 and August 23, 2014). Petitioners allegations regarding the most recent of the three
22 alleged events is on video and obviously false. Thus, all that remains of Petitioners allegations are
23 the purported events in May 2013 and August 2014, which involve dates on which Respondent was
24
harassment,
Respondent was also not on duty that day, and did not otherwise interact in any way
25
with Petitioner. (Crudele Decl. 34, Exh. N.) Thus, notwithstanding Petitioners wild theories,
26 there is literally no evidence that supports Petitioners allegation of harassment for either August
23, 2014 or August 28, 2014.
27
28
13
1 not on duty, and not in town. To be clear, Respondent specifically denies ever having harassed or
2 threatened Petitioner on the dates alleged in the Petition, or on any other dates. (Crudele Decl.
3 32.) Petitioner has improperly invoked the power of the Court to defame Respondent and to deter
4 other OFD employees from entering his clubs for purposes of code enforcement. Petitioners abuse
5 of process should not be rewarded. The Petition should be dismissed with prejudice, and Petitioner
6 admonished for this flagrant abuse of process.
7
8
V.
CONCLUSION
For the foregoing reasons, Respondent respectfully requests that the Court issue an order
9 dismissing the Petition with prejudice and declaring Respondent the prevailing party pursuant to
10 Code of Civil Procedure section 527.6(r).
11
12
Dated: October 26, 2015
BARBARA J. PARKER, City Attorney

OTIS McGEE, JR. Chief Assistant City Attorney
JAMES F. HOGKINS, Senior Deputy City Attorney
SELIA M. WARREN, Deputy City Attorney
13
14
15
16
By:
SELIA M. WARREN
Attorneys for Respondent VINCENT CRUDELE
17
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Respondent expressly reserves the right to recover fees after this Petition is properly
3 dismissed with prejudice. Pursuant to Code of Civil Procedure section 527.6(r), the prevailing
4 party may be awarded court costs and attorneys fees. CODE CIV. PROC. 527.6(r). This provision
5 applies equally to a prevailing defendant, and is subject only to the Courts discretion. Krug v.
6 Maschmeier, 172 Cal. App. 4th 796, 803 (2009) (A prevailing defendant can recover attorney fees
7 in an action for an antiharassment injunction if the trial court decides in its discretion to award such
8 fees.) A prevailing defendant may be awarded fees even if the action was brought in good faith and
9 is not frivolous. (Id.) Attorneys fees are particularly appropriate in this case, where, as here, the
10 Petition is plainly frivolous, and has forced a public entity to expend significant funds defending the
11 matter. The City will submit a proper motion for attorneys fees to the Court upon favorable
12 resolution of this matter.
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REVIEWS
4.5
4.5 of 5 stars 45 reviews
Michael O'Connor
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Tom Murphy
A few blocks from my
home and taxpayer for the temescal bus.
improvement district
Happy to support this wonderful project. Thank
you!
April 16, 2014 29 Reviews
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Tell people what you think
Got weekend plans?! We do!!

FRI - Whiskerman, Arc Iris and Steve Taylor
SAT - Anuhea, KIMIE HAWAII & Mahi Music
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Dean Washington Oh hell yeah that's exactly where I'll be !!!!! : )

3 September 9 at 7:12pm
Michael Blanchard Going!
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Anuhea and KIMIE HAWAII, two of the loveliest ladies in the Island Reggae
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An electropop residency, indie rock, soul music and island reggae all this
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DotheBay Win a pair of tickets to Whiskerman, plus their new album on vinyl:
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Callie Bowen Brian the Friday show looks good
1 September 9 at 11:59am
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OK Folks..the summer sizzle continues tomorrow night with The Seshen

Residency! Kev Choice rounds out this superb night of Oakland music!
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We're gearing up for the long weekend!

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Moon Bounce is Philadelphia's mutant pop pioneer, Corey Regensburg who

walks the fine line between creation and disintegration..come down to Leo's
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Back to what we all want - GREAT music in an intimate venue! Tomorrow

night we got LA WITCH with their brand of "dirty, distorted country!"

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Due to recent events, PEG has concerns over the safety of our patrons,
employees and artists being and in conjunction with The Oh Sees, Leo's
has decided to cancel tonights show. Please connect with the Oh Sees
about the new location of the show tonight.
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Allison Boswell Vincent Crudele sounds like a dangerous person. If I was his
supervisor I would fire him and keep him as far a way as possible from the
public.
5 August 25 at 2:40pm
Christy Olive Black Castaneda What?!?! Noooooooo
How do we connect with Thee Oh Sees?
1 August 25 at 10:56am

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Brown Bag Conspiracy Aside from registering complaints with Oakland's
Mayor and PD, how can the music community help you with this?
August 26 at 10:23am
Adriana Ortiz This IS NOT okay. How is this Crudele man even employed
with the Oakland fire department? Where the hell is the justice?
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Kim Mancha OUTRAGEOUS!!! Oakland Fire Department needs to get their

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Dear Leo's Patrons: We are sorry for the Fire Raid that was initiated by
Inspector Vincent Crudele. Crudele, a serial violator of civil rights in
Oakland - was retaliating for his official sanction earlier this year from his
actions at The New Parish. If anyone has video of the incident or if anyone
wishes to speak up about the incident, please email us
info@thenewparish.com. We hope to work with the city of Oakland to
prevent such revenge shut-downs in the future.
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Leo's Music Club UPDATE FROM CITY HALL: We were NOT supposed to
be shut down on Friday and Inspector Crudele's illegal raid was NOT
sanctioned by the Fire Chief and was wholly done by this individual who
organized this police/fire "task force" on this own. Leo's was unlawfully shut
down and we are back open for business. Thank you to the Fire Dept for
working with us to correct this individual's violation of our patron's and
employee's civil rights. Inspector Crudele is the only Fire Inspector who carries
a gun!
14 August 24 at 2:57pm Edited
Leo's Music Club More on Inspector Crudele in Oakland:
http://www.eastbayexpress.com/.../oakland.../Content...
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August 22 at 7:35pm
Van Jackson-Weaver This post does little to explain what actually happened,
or what the specific reason for the shutdown was. We are not privy to the
details of the situation, please give us some actual information.
Leo's Music Club Crudele was sanctioned for pushing New Parish
employees and illegally citing us. When he came back to his position,
he went to Leo's and did the same thing - organizing a task force and
illegally stopping the show with trumped up charges. We met today
with OFD and we had no citations from Friday.
August 24 at 1:26pm
View more replies
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Bryan Matheson What? What the hell happened?

August 24 at 1:50pm

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Timothy Foley Well, Revenge for New Parrish Sanctions. Is there a campaign
against live music venues by this invidual?
Leo's Music Club YES for sure
9/14/2015
Leo's Music Club
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August 24 at 1:16pm
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Timothy Foley What happened at New Parrish. Sorry! I live on the Peninsula,
but I do go to both clubs from time to time...
August 23 at 8:09pm
REVIEWS
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Timothy Foley This man needs to retire or be fired....

August 24 at 1:41pm
Keep me logged in
Leo's Music Club This guy is the only Fire Inspector who carries a
gun and handcuffs - he was kicked out of Sheriff's dept for beating up
prisioners
1 August 24 at 2:29pm Edited
Michael O'Connor
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Tom Murphy
you!
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August 24 at 1:27pm
Timothy Foley So what's the Story with New Parrish and Leo's Music?
August 23 at 5:05pm
Jarrod Correll Damn, We had an underground Musicians Club, in Stockton.
We had a similar situation & have been shut down for over a month now. Most
likely we'll reinvent our plan & look for a new venue.
Timothy Foley Matier and Ross need to know this. SF Chronicle...
Timothy Foley I've worked in clubs, and fire inspectors don't do that.
Stephen Martis hey sry about the fire marshal situation and sry to be that
dweeb but are tkts for tomorrows show gonna be honored at the new venue?
1 Reply
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The New Parish

Concert Venue
Missy Hnngs As a side note: I had to BEG to get City of Oakland to enforce
housing laws, and serious health/safety violations at my building. Inspectors
claimed to be 'understaffed' - but yet they have plenty of time and resources to
harass and intimidate? Not surprising at all.
September 10 at 9:56am
Dina Marie Robinson WOW. Crudele led an inspection in my building about 4
years ago...he's actually been in my apartment! Many of my fellow residents
wondered if the whole thing was legal at the time....hmmm....

Concert Venue

Performance Venue
Valerie Simon What a hot headed jerk! That task force could be put to better
use, can you sue him for list income?
Missy Hnngs When I asked the Fire Inspectors to inspect my bldg, I was told
it would cost $150.00 Apparently those inspections are free if Crudele is
allowed to bring a team of police and search each and every apartment.
1 Reply
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Hard French
Missy Hnngs Same inspector from 2008. Same bullshit

http://sfbayview.com/.../big-victory-for-california.../
Kim Mancha OUTRAGEOUS!!! Oakland Fire Department needs to get their
act together and get this nut under control.
Leo's Music Club
Fruition
August 10 Edited
East Coast Hip Hop, Afro-Peruvian band & Queer Dance Music all this
week!

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WED - Sean Healy Presents Joell Ortiz, Illmind, Dreebo & Rico
THUR - Once and Future Band, Everyone Is Dirty and Cash Pony
FRI - Novalima... See More
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Mark Rancifer, Barbie GotThe Rouge, Tracy Lemmon and 54 others like this.
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Swoon worthy folksters The Wild Reeds tonight with The Painted Horses &
Travis Hayes.
"About a month ago while inside of the historic Hyde Street Studios, I
witnessed the ladies of The Wild Reeds make an entire Sofar Sounds
crowd go gape-mouth." - Valerie Veteto, The Bay Bridged
Don't miss this special treat! - Doors 8 / Show 9 / 18+ / $12... See More
Michael O'Connor
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August 3
BURGER RECORDS babies, Sesame Street Speed Metal, odes to classic

rock bands, psychedelic sounds and more....
MON - Western Plaza, Dancer, Slick
TUE - Total Babes, BAUS, The Sweet Bones
THUR - The Wild Reeds, The Painted Horses, Travis Hayes... See More
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Nephilim, Claire Rementilla, Alyssa Lempesis and 18 others like this.

1 share
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Leo's Music Club

July 29
Fruition
Get to know Mac sabbath! Saturday Aug, 8th at Leo's Music Club
Cookie mongoloid & Nephilim.
"A new subgenre is poised to make its mark on the scene: its called drive
thru metal, and its being ushered into the mainstream by Mac Sabbath, a
Black Sabbath tribute band inspired by the most famous fast food chain of
all time."... See More

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Feast Your Eyes and Ears on Mac Sabbath, a

McDonald's-Inspired Black Sabbath Tribute Band
"Heavy longing for bed / Fry these cows until you're fed / Throwing out your Raisin
Bran / Frying pan lives again!"
REVIEWS
PASTEMAGAZINE.COM
4.5

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Samuel M Coniglio IV, Nick Dennis, Jackson DeLonzo Ellis and 28

others like this.
Top Comments
26 shares
Callie Bowen Brett Boudreaux is this the band you were playing a month
back?
July 29 at 6:16pm
2 Replies
Danny Clark I'm there (maybe)
July 30 at 12:03pm
Leo's Music Club
July 27
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Columbian reggae, an erotica show, a Grateful Dead tribute and much

more!
WED - The Sweet Spot
THUR - ALERTA KAMARADA
SAT - A Jerry Day Celebration with Grateful Bluegrass Boys, Cold and in
The Bay, The Red Fiddle and The Silver Banjo with Brian Godchaux and
Sandy Rothman... See More
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Mrd Dynisty, James Miramontes, Brennan Carlson and 44 others

like this.
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Leo's Music Club Thursday's show has been canceled. Sorry for any
inconvenience.
July 30 at 4:13pm Edited
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Jalopy Johnson Western Plaza bitch!

July 29 at 12:07pm
Leo's Music Club

July 23
TONIGHT!
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Federico Aubele at Leo's Oakland ::

Opening by Alejandro y Maria Laura

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Let's party NOLA style this Friday and Saturday night with George Porter
Jr. / George Porter Jr. & Runnin' Pardners
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SUPPORT:
FRI - Extra Nappy featuring Howard Wiley & Thomas Pridgen
SAT - Gene Washington & The Ironsides... See More
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July 17
JUST ANNOUNCED!
Love, Oakland Residency on Tuesdays in September with The Seshen and
some of your local favorites: Kev Choice, Naima Shalhoub, Meernaa,
Naytronix & Lila Rose.
Doors 8 / Show 9 / 18+ / $8 adv, $12 day of show
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Rachel Escoto Wow! What a great poster! I WANT!
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Leo's Music Club with Gina Madrid and 2 others

July 16 Edited
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Who's ready to dance to some hot Bay Area Latin sounds this FRIDAY?
4.5
La Gente SF is bringing some Cumbia, Reggae & Hip Hop fya along with
MJ's Brass Boppers bringing the Funk and New Orleans vibes!
TIckets at: http://clubleos.com/event.cfm?id=214781&cart
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9/14/2015
From:
Sent:
To:
Subject:
"Wiseman, Dara" <DWiseman@oaklandnet.com>

8/28/2015 11:18:38 AM -0700
"Gist Skinner, Trinette" <tgistskinner@oaklandnet.com>
FW: Oakland Fire Department - Administrative Investigation

Perkins
Sent: Friday, August 28, 2015 11:09 AM
To: Wiseman, Dara; Eamon Jafari; Jake Gould
Subject: Re: Oakland Fire Department - Administrative Investigation
Dara,
Is there another party I should be speaking with on this matter?
Jason
Jason Perkins
Managing Partner
pegcollective.org
1.888.477.9288
On Thu, Aug 27, 2015 at 11:11 AM, Jason Perkins <jason@pegcollective.org>

wrote:
Hey Dara,
As the inspector who previously harassed us came back and shut down our business
and threatened our employees and our patrons, we need to immediately file an
official complaint against Inspector Vincent Crudele. Please note his "raid" was
completely unwarranted and unsanctioned.
This person is an absolute threat to our businesses, our employees and myself
personally. Its outrageous he is allowed to continue his campaign of illegal terror
against myself and my businesses.
We need to file a complaint immediately so please respond as soon as possible to

myself and my attorneys on this email.
Jason Perkins
Jason Perkins
Managing Partner
pegcollective.org
1.888.477.9288
On Wed, Oct 8, 2014 at 3:36 PM, Wiseman, Dara <DWiseman@oaklandnet.com>

wrote:
Hello Mr. Parish,
This letter is to inform you that the Oakland Fire Department has become aware of a
situation that necessitates an investigation, your allegation of the unprofessional
conduct of a Fire Department employee. Attached is a copy of the letter requesting
your assistance, the original will be sent to you via regular mail.
Thank you,
Dara A. Wiseman
Fire Personnel Operations Specialist

Fiscal & Administration Services Division
(510) 238-7803 Office
(510) 238-4056 Fax
From:
Sent:
To:
Subject:
Nancy,
jason perkins <jason100watt@gmail.com>

9/4/2014 5:27:35 PM -0700
"Marcus, Nancy" <CITY OF OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/5288966199684F08B30C43F885833AF9>;
"Minor, Gregory" <CITY OF OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/3CD571D71CE94133810D038453560E74>;
MOC <mocbooking@gmail.com>
Re: Leo's Music Club
No word from health today.

I'm a little concerned...after getting roughed up by the Fire Dept and Vincent Crudele and
now my second application being "lost" at health I'm starting to be real concerned about
getting a fair shake here
Suggestions?
Jason Perkins
Parish Group
P:888.477.9288
F:888.882.9288
On Sep 4, 2014, at 13:02, "Marcus, Nancy" <NMarcus@oaklandnet.com> wrote:
FYI
From: Greenwood, Jackie, Env. Health [mailto:jackie.greenwood@acgov.org]
Sent: Thursday, September 04, 2014 1:00 PM
To: Marcus, Nancy
Subject: RE: Leo's Music Club
I will find out who this project was assigned to and have them contact the applicants.
Thanks Nancy
From: Marcus, Nancy [mailto:NMarcus@oaklandnet.com]
To: Greenwood, Jackie, Env. Health
Subject: FW: Leo's Music Club
Jackie,
Can you reach out to them??
Nancy
Perkins

To: Marcus, Nancy
Cc: Michael O'connor; Barry Smyth; Minor, Gregory
Subject: Re: Leo's Music Club
we haven't heard a word despite calls and visits...we

have not finished the kitchen now for 3 months
awaiting a response.
Jason Perkins
Parish Group
888.477.9288
<image001.jpg>
On Thu, Sep 4, 2014 at 11:10 AM, Marcus, Nancy <NMarcus@oaklandnet.com>

wrote:
Have you been dealing with a particular inspector??
Nancy
From: Michael O'connor [mailto:mocbooking@gmail.com]
Sent: Thursday, September 04, 2014 10:58 AM
To: jason perkins
Cc: Marcus, Nancy; Jason Perkins; Barry Smyth; Minor, Gregory

WOW.
That's not right.
On Thu, Sep 4, 2014 at 10:53 AM, jason perkins <jason100watt@gmail.com>
wrote:
?
Not in system?
I'm not sure what that means
I've been there multiple times and I paid my fees!
I was just there 2 weeks ago!!!
Jason Perkins
Parish Group
P:888.477.9288
F:888.882.9288
On Sep 4, 2014, at 10:46, "Marcus, Nancy" <NMarcus@oaklandnet.com> wrote:
Jason,
Just got off the phone with Alameda County Environmental Health (5676700), and they said they do not have you in their system yet. If you have
done remodeling, you will want them to come out now to inspect, and once
remodeling is complete and you are ready to open, a final inspection to be
issued your health permit.
Thanks,
Nancy
From: Marcus, Nancy
Sent: Wednesday, September 03, 2014 1:00 PM
To: Jason Perkins; Barry Smyth
Cc: Michael O'connor; Minor, Gregory
Subject: RE: Leo's Music Club
I will follow up with some of your requests and get back to you when I have
answers.
Nancy
From: jason100watt@gmail.com [mailto:jason100watt@gmail.com] On
Behalf Of Jason Perkins
Sent: Wednesday, September 03, 2014 12:21 PM
To: Marcus, Nancy; Barry Smyth
Cc: Michael O'connor; Minor, Gregory
Nancy,
Thanks for your time...the issues standing
between us and the permits are:
1) new defined architectural drawings
2) inspections.
We do have all our applications in with

Health/Fire/Building and have paid our fees
and the new drawings are already being worked
on.
One issue is that Fire has told us they want an
integrated fire alarm system and sprinklers but I
have checked with our architect and also have
called 9 different clubs and not one club with
an occupancy load less than 500 people have a
required fire suppression system.
Can you let me know what code they are
referring to that requires a club with less than
200 people have a sprinkler system? There are
certainly no clubs in SF or Oakland with this
requirement. I know that the Legionnaire was
built from the ground up and as the newest club
in Oakland, they were not required to put this
in so I am bit surprised its being suddenly
required of us.
This is crucial: if we don't need the sprinklers,
we could be passed as early as Friday. We plan
on putting in a automated alarm system
regardless but the sprinklers are a separate and
hugely expensive and complicated issue that
adds an extra $100,000. in costs that no one
mentioned until last week and which no one
understands why a 120 person club would

need. A code reference to pass to our architect
would help us greatly.
We are canceling our shows until further notice
- its a complicated issue with talent agencies
and as the bands are notified, we are taking the
shows down.
Leo's is pretty much a dead club at this point we're not sure if its viable any longer and we're
meeting with our restaurant partner this week to
see if we should just throw in the towel if the
sprinklers are required.
For example, at the close of our meeting
yesterday, the building dept representative
casually mentioned that the health dept needs to
give approval before they will even look at the
project. After 14 recorded visits to the building
and planning departments, this was a wholly
new direction that no one had bothered to
mention!
We have spent 11 months going over the
project with city officials and each visit brings
new delays, new costs and a wholly new set of
directions and after dropping over a million
dollars on the building and on fees, we're
getting close to the point where the project just
might not be economically viable. Alas, Leo's
might just return to being a boarded up

building.
Jason
Jason Perkins
Parish Group
888.477.9288
<image001.jpg>
On Wed, Sep 3, 2014 at 11:59 AM, Marcus, Nancy

<NMarcus@oaklandnet.com> wrote:
Hi Jason & Michael,
Thank you for coming in yesterday to meet with representatives from
various city departments to discuss the situation at Leos Club. Please
remember that no cabaret activities may take place until all city
department have signed off on permits, including building, fire and our
office. Along those lines, if upcoming shows at Leos are not cancelled
(for example, upcoming shows advertised on your website,
http://www.clubleos.com/) our office will assume cabaret activity is
taking place and proceed with an administrative citation. So please
cancel all upcoming shows while your site obtains the necessary
approvals.
Dont hesitate to contact me if you need assistance.
Thanks,
Nancy Marcus

Oakland, CA 94612
510-238-3294
510-238-7084 (fax)
City offices will be closed September 9, 2014
-Michael O'Connor
1.888.477.9288 (of)
1.888.882.9288 (f)
415.637.1435 (c)
www.thenewparish.com-booking/partner
www.brickandmortarmusic.com- booking/partner
www.independentsf.com - partner
From:
Sent:
To:
Subject:
"Crudele, Vincent" <CITY OF OAKLAND/EXTERNAL

(FYDIBOHF25SPDLT)/RECIPIENTS/1AF37B72309E4BB18BE3C99FD3C330A6>
8/13/2014 8:50:32 AM -0700
(FYDIBOHF25SPDLT)/RECIPIENTS/5288966199684F08B30C43F885833AF9>
RE: Current List
Got it
From: Marcus, Nancy

Sent: Wednesday, August 13, 2014 8:50 AM
Subject: Current List
Here is the current cabaret list.
Make any of your changes in a different color ink, then Ill know at a glance who is
not in compliance.
Thanks,
Nancy Marcus
Oakland, CA 94612
510-238-3294
510-238-7084 (fax)
City offices will be closed September 1 & 9, 2014
From:
Sent:
To:
Subject:
Attachments:

(FYDIBOHF25SPDLT)/RECIPIENTS/5288966199684F08B30C43F885833AF9>
8/13/2014 8:50:00 AM -0700
"Crudele, Vincent" <CITY OF OAKLAND/EXTERNAL
(FYDIBOHF25SPDLT)/RECIPIENTS/1AF37B72309E4BB18BE3C99FD3C330A6>
Current List
Cabaret 2014.xlsx
Here is the current cabaret list.
Make any of your changes in a different color ink, then Ill know at a glance who is
not in compliance.
Thanks,
Nancy Marcus
Oakland, CA 94612
510-238-3294
510-238-7084 (fax)
City offices will be closed September 1 & 9, 2014
CABARET LIST 2014

ESTABLISHMENT
ADDRESS
ZIP
PHONE
1 2 3 4 Go Records
3000 Broadway
57th Street Gallery
420 40th St. #5

3000 Broadway
5701 Telegraph Ave.
94609
94611
94609
Air Lounge & Bar

Awaken Caf
492 9th St.

1429 Broadway
94607
94612
Bar Three Fifty Five

Bella
Bench & Bar
355 19th St.

561 11th St.
510 17th St.
94612
94607
94612
Cato's Ale House

Club 21
Club El Rey
3891 Piedmont Ave.

2111 Franklin St.
5322 Foothill Blvd.
94611
94612
94601
Continental Club
Dragon Palace
1658 12th St.

266 14th St.
94607
94612
Steve Stevenson
Johnny Luong, Jessica Phong
Floyd Pellom Sr., Mia Lee-Pellom
Robert Nunez, Gairy Jacques, Abdul
510-444-2377 anita@airlounge.com
Qudus
510-847-1857 cortt@awakencafe.com
Cortt Dunlap
Linda Bradford, Patrick Lynch, Travis
510-451-3355 linda@bradfordmanagement.com Dutton
510-444-1158 tem@bellaoakland.com
Almaz Haile
510-444-2266 BenchandBar@msn.com
Charles Bisbee
Mark Graham, Joshua Huber, Amy
510-655-3303 mastercato@gmail.com
Schafer
510-444-2246 BenchandBar@msn.com
Charles Bisbee and Keith Hobbs
510-534-1990 mirio811@gmail.com
Michelle Rios
Patrick Christy, Curtis Christy, Ben
510-444-9000 patrick_c94605@yahoo.com
Wheeler
510-03-1881
Suk Young/Jiang Zhu
jess610@hotmail.com
Duende
Eli's Mile High Club
EOne Entertainment
468 19th St.

3629 MLK Jr. Way
200 Hegenberger Rd.
94612
94609
94621
510-893-0174
804-314-4727
510-636-1880
info@duendeoakland.com
elismilehighclub@gmail.com
longovan@yahoo.com
Era Art Bar & Lounge
19 Grand Ave.
94612
510-832-4402
kevin@oaklandera.com
510-985-0325
510-265-2495
510-654-6974
EMAIL
store@1234gorecords.com
johnny@3000broadway.com
contact@57thstreetgallery.com
PARTNERS/MANAGERS
Rocco Somazzi
Jason Herbers & Geoffrey Melville
Lonnie Govan Mendoza
Kevin Best, Alfonso Dominguez, Gairy
Jacques
510-839-4664
510-836-4400
510-788-0197
510-436-9887
gpruwme@earthlink.com
2500 Embarcadero
94612
94612
94612
94606
info@imagineAffairs.com
sanwong@aol.com
Geoffrey Pete
James Dailey
Veronica Fleming
San Manh
Karibbean City
La Frontera
1408 Webster St.

4481-93 International Blvd.
94612
94601
510-274-5992
510-479-7382
newkaribbeancity@gmail.com
cattorrrs@gmail.com
Lake Chalet Seafood & Bar

Lakeside Club
Legionnaire Saloon
Lounge 3411
Luka's Taproom and Lounge
Lungomare
McNally's Irish Pub
Miliki Restaurant
MLK Caf
1520 Lakeside Dr.

338 E18th St.
2272 Telegraph Ave.
3411 MacArthur Blvd.
2221 Broadway
1 Broadway
5352 College Ave.
3860 Martin Luther King Jr. Way
94612
94606
94612
94602
94612
94607
94618
94619
94609
510-653-8697
510-504-5208
510-735-9095
510-531-3411
510-451-4677
510-444-7171
510-655-3929
510-593-6164
510-450-0600
Oakland Metro Operahouse 630 3rd St.
94607
510-763-1146
Parliament
Shadow Ultra Lounge
Shashamane Restaurant
811 Washington St.

341 13th St.
2507 Broadway
94607
94612
94612
Somar Bar
1727 Telegraph Ave.
94612
925-777-1737
liz@somarbar.com
Sound Room
Stork Club
2147 Broadway
2330 Telegraph Ave.
94612
94612
415-994-3501
510-444-6120
soundroomoakland@gmail.com
storkclubbooking@gmail.com
The Fox
The Layover
1807 Telegraph Ave.

1517 Franklin St.
94612
94612
510-302-2244
510-421-7116
The New Parish

The Night Light
The White Horse Inn
579 18th St.

311 Broadway
6551 Telegraph Ave.
94612
94607
94609
415-637-1435
510-433-0340
510-684-7700
ruth@anotherplanetent.com
cv@oaklandlayover.com
mocbooking@gmail.com;
jason@thenewparish.com
douglaskinsey@gmail.com
pacrlty@pacbell.net
Uptown
1928 Telegraph Ave.
94612
510-451-8100
rayyeh@pacbell.net
Geoffrey's Inner Circle

Halftime Sports Bar
Imagine Affairs Art Lounge
Just Dance
410 14th St.

316 14th St.
408 14th St.
james.dailey@yahoo.com
Gar@chaletmgmt.com
Alicia@chaletmgmt.com
transverseequity@gmail.com
prozackTurner@gmail.com
stephaniesulivan@gmail.com
rick@lukasoakland.com
cpastena@hotmail.com
tobiask@sbcglobal.net
milikirestaurant@gmail.com
wediberhe91@yahoo.com
Tom@oaklandopera.org
jason@811parliament.com
510-763-6104 chris@811parliament.com
510-376-9159
shadowultralounge@gmail.com
510-868-0864 beyenew1@yahoo.com
BUSINESS TAX
HEALTH CERT.
EXPIRATION
FIRE CERT.
EXPIRATION
OCCUPANCY
PERMIT
DISTRICT
3699889
28012865
3736091
N/A
12/4/2014
N/A
1/3/2015
2/19/2014
1/15/2015
49
150
100
CA14-013
CA14-008
CA14-032
1
3
1
3263789
28026931
1/8/2014
292
100
CA14-023
CA14-026
2/16/2014
12/18/2014
1/31/2015
1
1
28008800
28036431
28009560
8/18/2014
3/19/2014
3/14/2014
3/18/2014
1/23/2014
2/28/2014
49
145
692
CA14-038
CA14-011
CA14-029
3
3
3
1
1
1
1005804
2025639
28029001
8/31/2014
3/14/2014
8/12/2014
1/6/2015
3/1/2014
1/14/2015
99
422
85
CA14-034
CA14-030
CA14-043
1
3
4
2
1
4
1952242
28037337
11/2/2014
1/21/2015
CA14-024
1/9/2015
8/12/2014
299
138
CA14-021
130 - 1st floor

12 - 2nd Floor
28031913
28003624
28042484
1/1/2015
2/5/2014
7/30/2014
7/25/2014
10/29/2014
2/24/2014
28011366
9/6/2014
CA14-028
300 (over 300 fire

watch required)
49
CA14-018
CA14-047
3
3
1
1
11/27/2014
49
CA14-015
1/14/2015
CA14-019
CA14-006
CA14-027
3
5
pending
inspection
1/15/14
3/12/2015
2040573
Richard Ali
Rosa Chavez
28004130
28012013
12/16/2014
11/2/2014
12/20/2014
1/2/2015
500
350 Seating
750 Standing
110
Greg Troppelli
Gloria Hawkings
Zack & RaeAnne Turner
Stephanie Sulivan, Robert Huff
Richard Mitchell
Chris Pastena
Max Young, Tobias Hampton
Adebayo Aregbe and Ismael Okunade
Asmerom Ghebrmicael
Jo Vincent Parks; Steve Snider; Lisa
Bolin, Tom Dean
Chris Newell, Jason Bradford & Davina
Dickens
De A. Truong, Jean Paul Burton
Tesfaye Beyene
Michael Golondrina, Armando, Liz and
Edgar Ramos
Karen Van Leuven, Suzanne Smith,
Martina Tabilio
Juanita Chittock
Gregg Perloff, Robert Piccinini, Ruth
Carlton
Christi Vaughn, Raymond Martinez
28000221
280352230
28036512
28026205
2972867
28036038
3632032
28014373
28007880
8/6/2014
2/26/2015
442
9/15/2014
3/22/2014
2/4/2014
10/4/2014
2/7/2014
3/25/2014
10/3/2013
9/13/2014
11/27/2014
2/26/2014
12/16/2014
3/14/2014
4/23/2014
2/28/2013
6/20/2014
96
299
489
167
275
49
49
75
2143321
12/29/2014
1/9/2015
125/514
10/10/2014
28040657
1
1
1
2
5
5/16/2014
7/10/2014
N/A
4/13/2014
Michael O'Connor
Douglas Kinsey/John Nackley
Chuck Davis
Ray Yeh, Robbin Green Yeh, Larry
Trujillo
1342568
28034121
2
2
1
7
188
500
73 Upstairs; 154
Downstairs
CA14-016
CA14-010
CA14-040
OPD Area
CA14-044
CA14-041
2
2
1
3
1
3
1
CA14-042
CA14-046
CA14-004
CA14-031
CA14-002
CA13-054
CA14-039
3
4
3
3
1
4
280
CA14-020
109
299
49
CA14-049
CA14-050
CA14-014
1
1
12/14/2014
1/27/2015
3/31/2015
pending
27998159
8/6/2014
2/4/2015
1271
CA14-045
28037679
1758527
10/31/2014
9/11/2014
3/15/2014
1/31/2014
100
285
CA14-035
CA14-
BUSINESS TAX
28003070
2/3/2014
2/25/2014
Kim Catano
12/5/2014
3875
49
CA14-005
CA14-025
28026369
28031132
28011827
pending
4/10/2014
4/30/214
pending
9/25/2014
10/23/2014
299
149
225
28033913
3221997
3/14/2014
3
3
1
2
1
1
CA14-022
CA-012
CA14-001
3
3
1
1
1
2
285
1st Floor - 49
2nd Floor - 300
3rd Floor - 500
CA14-052
CA14-33
49
CA14-017
12/13/2013
1/23/2014
180
455
65
CA14-003
CA14-037
3
3
7
1
5
11/15/2014
28030130
Venue
420 14th St.
94612 510-463-1093 officialevents1@gmail.com
Oscar Edwards
8/19/2014
2191652
n/a
Warehouse 416
416 26th St.
94612 510-325-5703 scrivani@aol.com
Ron Scrivani
Washington Inn dba Seison 495 10th St.
94607 510-452-4436 carlos@thewashingtoninn.com
Raj Hameed/Pengfei Wang
27995768
8/13/2014
Yoshi's
510 Embarcadero West
64607 510-238-4551 niall@yoshis.com
Niall Cantwell
2717727
5/31/2014
Sports Page
94605 510-632-7447 NO EMAIL
Travis Smith
2803488
2/27/2014
Venue & E One Enterainment are issued permits on a monthly basis, as to coincide with a payment plan they are on for past due balances owed to the city. I will alert you if they become invalid.
1
2
3
3
3
1/24/2014
8/16/2014
N/A - no alcohol license - health inspection not required. Can only have alcohol if they have been issued a special event permit and one day alcohol license from ABC
EXTENED HOURS
Charles Bisbee
Charles Bisbee and Keith Hobbs
28009560
2025639
see above
see above
see above
see above
692
422
EX14-003
EX14-004
3
3
1
1
415-637-1435
510-274-5992
BenchandBar@msn.com
BenchandBar@msn.com
mocbooking@gmail.com;
jason@thenewparish.com
newkaribbeancity@gmail.com
Michael O'Connor
Richard Ali
28026369
28004130
see above
see above
see above
see above
299
299
EX14-002
EX14-001
3
3
1
1
94607
510-452-1258
thegosportsbar@yahoo.com
Honoriao Ken Ham, Mang S. Lee
28029986
2442 Webster St.

94612
94605
510-387-8323
510-632-7447
muaoakland@gmail.com
NO EMAIL
Hi-Suk Dong
Travis Smith
27995948
2803488
Tropicana Oakland
1933 Broadway
94612
916-276-2426
rrs7777@hotmail.com
Kimball's Carnival
522 2nd St.
94607
510-444-6401
gloriagvn@aol.com
Robert Simpson
Gloria, Lonnie & Laura Govan and
Seema Patel
Bench & Bar

Club 21
510 17th St.

2111 Franklin St.
94612
94612
510-444-2266
510-444-2246
The New Parish

New Karibbean City
579 18th St.

1408 Webster St.
94612
94612
736 Washington St.
Not yet renewed

Go Sports Bar & Grill
120
75
65
3
7
Incomplete renewals
MUA
Sports Page
9/8/2014
2/27/2014
DEEMED APPROVED DUE
CLOSED
Closed in October 2013 - notified 1/22/14 by Robert Simpson
2696274
445
Valid thru July 20, 2014
2
5
Permit valid thru 6/19/2014 -

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From:

"Sanchez, Arturo M" <CITY OF OAKLAND/CITY

From: Marcus, Nancy

Attached are their permits and signed conditions.

"Marcus, Nancy" <CITY OF OAKLAND/CITY

City offices will be closed June 14, 2013

From: Williams, Sharon J

Jenn and Nancy,

On May 31, 2013, at 8:44 AM, "Crudele, Vincent" <VCrudele@oaklandnet.com>

They continue to overcrowd their establishment during concert events,

They allow smoking inside a building which is not protected by a fire

They have continually IGNORED my verbal and written warnings to

From: Marcus, Nancy

Attached are their permits and signed conditions.

City offices closed February 11, 12 & 18, 2013

"Crudele, Vincent" <CITY OF OAKLAND/CITY

They have continually IGNORED my verbal and written warnings to comply.

From: Marcus, Nancy

Attached are their permits and signed conditions.

City offices closed February 11, 12 & 18, 2013

"Crudele, Vincent" <CITY OF OAKLAND/CITY

4) Post NOT AN EXIT to door to roof.

"Crudele, Vincent" <CITY OF OAKLAND/CITY

From: Sanchez, Arturo M

From: Andrew Lee [mailto:75andrewlee@gmail.com]

"Rachal, Anthony" <CITY OF OAKLAND/CITY

"Rachal, Anthony" <CITY OF OAKLAND/CITY

----- Original Message ----From: Marcus, Nancy

-----Original Message----From: Michael O'connor [mailto:mocbooking@gmail.com]

I believe we have all the paperwork required for the meeting.

"Sanchez, Arturo M" <CITY OF OAKLAND/CITY

That you cannot have events that catered to 18+

This communication constitutes an electronic communication within the meaning of the

From: Oscar Edwards [mailto:officialevents1@gmail.com]

HERE ARE LINKS TO EXAMPLES OF OTHER CONCERTS AT OTHER VENUES THAT

On Mon, Aug 12, 2013 at 11:26 PM, Oscar Edwards <officialevents1@gmail.com>

Using an outside promoter

Advertising event is for 18+

On Mon, Aug 12, 2013 at 2:46 PM, Marcus, Nancy <NMarcus@oaklandnet.com>

Found this Advertisement (attached) for September 1st.

Using an outside promoter and

Arturo: how would you like to proceed?

1 Frank H. Ogawa Plaza 11th Fl.

City offices will be closed September 2, 2013

"Sanchez, Arturo M" <CITY OF OAKLAND/CITY

jason perkins <jason100watt@gmail.com>

COMMON YARD INC.

579 18TH STREET

Under the Name of:

In accordance with the provisions of existing city

From: jason100watt@gmail.com [mailto:jason100watt@gmail.com] On Behalf Of Jason

- We are working on this event with them - we

On Wed, Jun 25, 2014 at 10:39 AM, Marcus, Nancy <NMarcus@oaklandnet.com>

Call me if you have any questions.

City offices will be closed July 4, 2014

if anyone has questions

Call me if you have any questions.

"Marcus, Nancy" <CITY OF OAKLAND/CITY