Electronically Filed by Superior Court of California, County of Orange, 06/30/2023 04:24:00 PM.

30-2022-01287749-CU-BC-CJC - ROA # 66 - DAVID H. YAMASAKI, Clerk of the Court By R. Baker, Deputy Clerk.

1 SL LAW, PC
SUOO LEE, SBN 280144
2 4343 Von Karman Avenue, Suite 250J
Newport Beach, CA 92660
3
Telephone: (949) 942-6077
4 E-mail: slee@sllawpc.com

5 Attorneys for Plaintiff Pacific Airshow, LLC

6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
7
FOR THE COUNTY OF ORANGE
8

9 PACIFIC AIRSHOW, LLC, a California limited Case No.: 30-2022-01287749-CU-BC-CJC

liability company,
10 Assigned For All Purposes To: Judge Martha K.
PLAINTIFF, Gooding
11 Dept.: C31
12
v. FIRST AMENDED COMPLAINT FOR:
13 1. BREACH OF CONTRACT
2. INTENTIONAL
14 INTERFERENCE WITH
CITY OF HUNTINGTON BEACH, a California CONTRACTUAL RELATIONS
15 charter city; KIM CARR, an individual; and, DOES 3. INTENTIONAL
1 through 50, INTERFERENCE WITH
16 PROSPECTIVE ECONOMIC
ADVANTAGE
17 DEFENDANTS. 4. NEGLIGENT INTERFERENCE
WITH PROSPECTIVE
18 ECONOMIC ADVANTAGE
5. VIOLATION OF 42 U.S.C. §1983
19

20 Complaint Filed: October 21, 2022

21

22

23 GENERAL ALLEGATIONS

24 1. PLAINTIFF, PACIFIC AIRSHOW, LLC, (“PLAINTIFF”) is a California limited

25 liability company, which has been producing the annual airshow in the City of Huntington Beach,

26 California.

27 2. DEFENDANT, CITY OF HUNTINGTON BEACH (“CITY”) is a charter city in

28 the County of Orange, California.

1
FIRST AMENDED COMPLAINT
 1 3. DEFENDANT KIM CARR (“CARR”) is a resident of CITY in the County of

2 Orange, California.

3 4. PLAINTIFF is unaware of the true names of DEFENDANTS DOES 1-50,

4 inclusive, and whether they be corporations, associations, or natural persons, and for that reason,

5 DEFENDANTS and each of them are sued under said fictitious names, and when the true names

6 of said DEFENDANTS are ascertained, PLAINTIFF will ask leave of Court to amend this

7 pleading to show the true names and capacities of said DEFENDANTS.

8 5. At all times herein mentioned, DEFENDANTS and each of them were the agents,

9 alter egos, representatives, servants, co-conspirators and/or employees of the other

10 DEFENDANTS and in doing the things herein alleged, were acting within the purpose and scope

11 of said agency, employment or conspiracy.

12 6. PLAINTIFF’S 2021 airshow was scheduled to take place in the City of

13 Huntington Beach, California, over the course of three days, from October 1, 2021 through

14 October 3, 2021 (the “Airshow”), with performances and events scheduled between

15 approximately 10:00 a.m. to 10:00 p.m. each day of the Airshow.

16 7. The Airshow was prepared and produced by PLAINTIFF per the written

17 agreement between PLAINTIFF and the DEFENDANT. EXHIBIT A.

18 8. On or around October 1, 2021, an oil rig and connected pipeline(s) located off the

19 coast of Long Beach, California had a breach, spilling approximately 25,000 gallons of oil into the

20 Pacific Ocean (the “Oil Spill”).

21 9. On October 2, 2021, the CITY held a press conference about the Oil Spill and

22 announced the cancellation of the remainder of the Airshow.

23 10. The decision to cancel the Airshow was made without PLAINTIFF’S consent,

24 without a public hearing, and without a vote by the Council for the City of Huntington Beach

25 (“City Council”).

26 11. Upon information and belief, the decision to cancel the Airshow was made

27 unilaterally and personally by the then-Mayor of the City of Huntington Beach, CARR, and then-

28 Chief of Police, Julian Harvey, without the proper protocols for such cancellation.
2
FIRST AMENDED COMPLAINT
 1 12. Upon information and belief, on or around October 2, 2021, CARR, Julian

2 Harvey, and several members of the CITY’s police and fire departments, met to discuss the

3 Airshow. During this meeting, Julian Harvey and CARR expressed their personal feelings of

4 hatred towards PLAINTIFF.

5 13. Specifically, Julian Harvey exclaimed that he was looking for any excuse to

6 “screw” PLAINTIFF. Upon information and belief, Julian Harvey’s personal animosity toward

7 PLAINTIFF was based on PLAINTIFF’s comments about Julian Harvey’s decision to block

8 PLAINTIFF from acquiring the talent of the artist Ludacris, for the concert accompanying the

9 Airshow, which PLAINTIFF believed was racially motivated.

10 14. In response to Julian Harvey’s suggestion to cancel the Airshow solely to “screw”

11 PLAINTIFF, CARR announced in that meeting that she would cancel the Airshow. CARR

12 further stated that she was excited for the opportunity to make a public statement that may further

13 her own political carrier. According to witnesses in the meeting, CARR became giddy at the idea

14 of the Oil Spill creating this golden opportunity for her to shine in the media spotlight.

15 15. Upon information and belief, DEFENDANTS misrepresented the extent of the oil

16 spill. Specifically, DEFENDANTS represented that 126,000 gallons of oil spilled, when about

17 25,000 gallons of oil spilled.

18 16. CARR’s decision to cancel the Airshow was not based on any public necessity,

19 and there was no exercise of discretion or balancing of risks and advantages of her decision.

20 Rather, CARR’s decision to cancel the Airshow was motivated by her personal feelings of

21 PLAINTIFF and CARR’s personal need for media attention, in furtherance of her own political

22 carrier. CARR’s decision to cancel the Airshow was beyond her discretion and authority as

23 mayor, and outside the scope of her duties as mayor.

24 17. CARR failed to consult with the U.S. Coast Guard, EPA, or any other agency

25 constituting the Unified Command handing the Oil Spill, prior to making the decision to cancel

26 the Airshow.

27 18. At the time of CARR’s decision and announcement to cancel the Airshow, there

28 was no “Proclamation of a State of Emergency” by the State or any governmental agency.

3
FIRST AMENDED COMPLAINT
 1 19. Due to DEFENDANTS’ unilateral cancellation of the Airshow, with less than 24

2 hours’ notice, PLAINTIFF suffered significant damages.

3 20. On or around March 30, 2022, PLAINTIFF submitted an administrative claim for

4 damages to CITY, which detailed the circumstances of the claim and the damages suffered by

5 PLAINTIFF. Cal. Gov’t Code §911.2(a). No response was received to this administrative claim.

6 FIRST CAUSE OF ACTION

7 (BREACH OF CONTRACT)

8 Against CITY and DEFENDANTS DOES 1-50

9 21. PLAINTIFF incorporates herein by reference the allegations contained in all

10 preceding paragraphs as if fully set forth herein.

11 22. PLAINTIFF and DEFENDANT CITY entered into a contract regarding the

12 operation of the Airshow. EXHIBIT A.

13 23. PLAINTIFF did all of the things that the contract required it to do, including

14 preparing and acquiring all the necessary elements of the Airshow, or alternatively, was excused

15 from having to perform them under the agreement.

16 24. The contract provides certain restrictions on CITY’S ability to affect or change the

17 Airshow. Specifically, the contract provides that “except to protect health and safety, City shall

18 not act in anyway contrary to or in violation of the Permit to conduct the Event.”
19 25. The contract further requires the DEFENDANT CITY to give PLAINTIFF notice

20 and an “opportunity for a public hearing” before cancelling, modifying, or revoking the

21 Airshow’s permit.

22 26. DEFENDANTS failed to follow the restrictions and protocols of the parties’

23 contract, including failing to provide PLAINTIFF an opportunity for a public hearing prior to

24 cancelling the Airshow.

25 27. Despite improperly cancelling the last day of the Airshow, DEFENDANTS then

26 charged PLAINTIFF certain fees for holding the Airshow in the City. The fees ultimately

27 charged by the DEFENDANT CITY was much greater than the fees that were previously agreed

28 upon by the parties, including by the then-City Manager, Oliver Chi, who was acting in his
4
FIRST AMENDED COMPLAINT
 1 official capacity as City Manager when agreeing to the fees to be charged by DEFENDANT

2 CITY.

3 28. PLAINTIFF was harmed by the DEFENDANTS’ breach of the parties’

4 agreement, and attempt to unilaterally change the terms of the parties’ agreement, including the

5 amount of fees to be charged, and DEFENDANTS’ breach of contract was a substantial factor in

6 causing PLAINTIFF’S monetary and reputational harm.

7 SECOND CAUSE OF ACTION

8 (INTENTIONAL INTERFERENCE WITH CONTRACTUAL RELATIONS)

9 Against All DEFENDANTS

10 29. PLAINTIFF incorporates herein by reference the allegations contained in all

11 preceding paragraphs as if fully set forth herein.

12 30. In order to produce the Airshow, PLAINTIFF entered into various contracts with

13 performers, ticket holders, sponsors, exhibitors, and third party vendors.

14 31. PLAINTIFF also entered into a contract with the CITY for the right to produce the

15 Airshow.

16 32. DEFENDANTS knew of these contracts, including the contract with the jet teams

17 as these contracts were approved by the CITY in advance. Moreover, CARR knew of these

18 contracts, specifically including the contract between PLAINTIFF and the CITY.
19 33. DEFENDANTS’ cancellation of the Airshow prevented performance and made

20 performance more expensive and difficult under these third party contracts. CARR’s unilateral

21 and personal decision to cancel the Airshow, which was made outside of the scope of her

22 discretion, authority and duties as mayor, prevented performance of the contract between the

23 CITY and PLAINTIFF and was designed to induce the breach of that contract.

24 34. DEFENDANTS knew that disruption of performance was certain or substantially

25 certain to occur, when DEFENDANTS cancelled the Airshow in breach of the parties’ contract.

26 35. PLAINTIFF was harmed by the DEFENDANTS’ conduct, and DEFENDANTS’

27 conduct was a substantial factor in causing PLAINTIFF’S monetary and reputational harm.

28
5
FIRST AMENDED COMPLAINT
 1 THIRD CAUSE OF ACTION

2 (INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE)

3 Against all DEFENDANTS

4 36. PLAINTIFF incorporates herein by reference the allegations contained in all

5 preceding paragraphs as if fully set forth herein.

6 37. PLAINTIFF was in an economic relationship with various ticket holders,

7 sponsors, exhibitors, and vendors, which provided and/or probably would have provided

8 economic benefits to PLAINTIFF.

9 38. PLAINTIFF was in an economic relationship with various parties as it related to

10 future airshows in the City, including the 2022 airshow and the Afterburner Music Festival,

11 which were planned to be held in the City in 2022.

12 39. DEFENDANTS knew of these relationships with the third parties, including the

13 ticket holders, sponsors, exhibitors, and vendors.

14 40. DEFENDANTS breached the parties’ contract by unilaterally and improperly

15 cancelling the Airshow. CARR’s decision to cancel the Airshow was made outside of the scope

16 of her discretion, authority and duties as mayor. CARR intentionally acted beyond her authority

17 and duties, in complete disregard of the contractual obligations of the CITY, to further her

18 personal political agenda.

19 41. By cancelling the Airshow in breach of the parties’ agreement, DEFENDANTS

20 knew that disruption of PLAINTIFF’S relationship with various third parties was certain or

21 substantially certain to occur.

22 42. DEFENDANTS also delayed necessary approvals and failed to communicate or

23 respond to PLAINTIFF in a timely manner as it related to future airshows and the Afterburner

24 Music Festival, which caused PLAINTIFF additional damages.

25 43. Upon information and belief, CARR instructed various employees, under the

26 jurisdiction of the City Manager, of the CITY to refrain from communicating with PLAINTIFF to

27 hinder PLAINTIFF’s ability to plan the 2022 Airshow. This intentional instruction was made

28 outside of the scope of CARR’s authority and duties as mayor, and made in violation of CITY
6
FIRST AMENDED COMPLAINT
 1 Charter §307, which provides that “no member of the City Council shall give orders to any

2 subordinate of the City Manager, either publicly or privately.”

3 44. Upon information and belief, DEFENDANTS deliberately delayed approvals and

4 failed to communicate with PLAINTIFF in a timely manner in retaliation for PLAINTIFF

5 voicing concerns over the cancellation of the Airshow and the unilaterally increased fees charged

6 to PLAINTIFF.

7 45. As a result of DEFENDANTS’ conduct, PLAINTIFF’S relationship with various

8 third parties have been disrupted.

9 46. PLAINTIFF was harmed by the DEFENDANTS’ conduct, and DEFENDANTS’

10 conduct was a substantial factor in causing PLAINTIFF’S monetary and reputational harm.

11 FOURTH CAUSE OF ACTION

12 (NEGLIGENT INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE)

13 Against all DEFENDANTS

14 47. PLAINTIFF incorporates herein by reference the allegations contained in all

15 preceding paragraphs as if fully set forth herein.

16 48. PLAINTIFF was in an economic relationship with various ticket holders,

17 sponsors, exhibitors, and vendors, which provided and/or probably would have provided future

18 economic benefits to PLAINTIFF.

19 49. DEFENDANTS knew or should have known of these relationships with the ticket

20 holders, sponsors, exhibitors, and vendors.

21 50. By cancelling the Airshow in breach of the parties’ agreement, DEFENDANTS

22 knew or should have known that PLAINTIFF’S relationship with various third parties would be

23 disrupted if DEFENDANTS failed to act with reasonable care.

24 51. DEFENDANTS failed to act with reasonable care.

25 52. DEFENDANTS engaged in wrongful conduct by unilaterally and improperly

26 cancelling the Airshow in breach of the parties’ agreement.

27 53. As a result of DEFENDANTS’ conduct, PLAINTIFF’S relationship with various

28 third parties have been disrupted.

7
FIRST AMENDED COMPLAINT
 1 54. PLAINTIFF was harmed by the DEFENDANTS’ conduct, and DEFENDANTS’

2 conduct was a substantial factor in causing PLAINTIFF’S monetary and reputational harm.

3 FIFTH CAUSE OF ACTION

4 (VIOLATION OF 42 U.S.C. §1983)

5 Against All DEFENDANTS

6 55. PLAINTIFF incorporates herein by reference the allegations contained in all

7 preceding paragraphs as if fully set forth herein.

8 56. 42 U.S.C. §1983 provides in part: “ Every person who, under color of any statute,

9 ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia,

10 subjects, or causes to be subjected, any citizen of the United States or other person within the

11 jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the

12 Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or

13 other proper proceeding for redress…”

14 57. PLAINTIFF voiced concerns over the DEFENDANTS’ cancellation of the

15 Airshow, including online and on social media. Upon information and belief, DEFENDANTS,

16 including CARR, ordered and used City employee(s) to instruct PLAINTIFF to remove the

17 online postings critical of the DEFENDANTS’ decision to cancel the Airshow, and threatened

18 consequences if PLAINTIFF refused to remove the critical online postings.

19 58. CARR also ordered Jennifer Carey, the CITY’s Public Information Officer, to

20 issue certain press releases critical of PLAINTIFF ahead of the 2022 Airshow, as retaliation for

21 PLAINTIFF’s publically voiced concerns, and in an effort to chill PLAINTIFF’s free speech.

22 59. CARR’s orders to CITY employee(s) were in violation of CITY Charter §307, and

23 outside of the scope of her authority and duties as mayor.

24 60. PLAINTIFF did not remove the online postings.

25 61. In retaliation for PLAINTIFF voicing concerns over the Airshow’s cancellation

26 and certain individual City Council members, DEFENDANTS deliberately attempted to chill

27 PLAINTIFF and injure PLAINTIFF’S ability to continue the airshow in the City.

28
8
FIRST AMENDED COMPLAINT
 1 62. On or around September 6, 2022, the City Council voted to remove support for the

2 airshow, which had been historically provided to PLAINTIFF by way of certain parking fees

3 offsetting charges owed to the City (“Parking Offset”). Upon information and belief,

4 DEFENDANTS also increased the proposed fees for the 2022 and future airshows significantly

5 to punish PLAINTIFF for voicing concerns over the cancellation of the Airshow and the

6 increased fees charged against PLAINTIFF.

7 63. DEFENDANTS subjected PLAINTIFF to conduct that occurred under color of

8 law. Specifically, the DEFENDANTS held an official City Council meeting and voted to revoke

9 the Parking Offset. By voting to revoke the Parking Offset, DEFENDANTS and the individual

10 City Council members who voted to revoke the Parking Offset, exercised the authority given to

11 them by the City and the action was taken with the appearance that the City authorized it.

12 64. The vote was also an official act undertaken as members of the City Council, who

13 have official decision making authority within the City, and pursuant to City policy and

14 procedures. The resolution to revoke the Parking Offset, thus, became an official policy, custom,

15 and/or practice, adopted and promulgated by DEFENDANTS.

16 65. CARR led the efforts to revoke the Parking Offset out of personal and retaliatory

17 animus against PLAINTIFF, and those efforts caused the Parking Offset to be revoked for the

18 first time since 2017.

19 66. DEFENDANTS’ conduct deprived PLAINTIFF of its First Amendment rights

20 under the U.S. Constitution. The First Amendment “prohibits the making of any law… abridging

21 the freedom of speech.” DEFENDANTS’ conduct in retaliation for PLAINTIFF voicing concerns

22 over the DEFENDANT’S cancellation of the Airshow, was intended to chill PLAINTIFF’S free

23 speech, and would chill a person of ordinary firmness from continuing to engage free speech.

24 67. As a direct result of DEFENDANTS’ conduct, PLAINTIFF was substantially

25 harmed.

26 ///

27 ///

28 ///
9
FIRST AMENDED COMPLAINT
 1 PRAYER FOR RELIEF

2 WHEREFORE, PLAINTIFF prays for judgment against DEFENDANTS as follows:

3 a. For compensatory damages according to proof at trial;
4 b. For costs, expenses, and attorney’s fees incurred by PLAINTIFF as allowed by
5 law, including 42 U.S.C. §1988;
6 c. For such other and further relief as the Court deems just and proper.
7

8 DATED: June 30, 2023 SL LAW, PC

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11 SUOO LEE, ESQ.

Attorneys for Plaintiff Pacific Airshow, LLC
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FIRST AMENDED COMPLAINT
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EXHIBIT A
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FIRST AMENDED COMPLAINT
 CITY OF HUNTINGTON BEACH
2000 MAIN STREET CALIFORNIA 92648
COMMUNITY & LIBRARY SERVICES DEPARTMENT
(714) 536-5486

September 29, 2021

Event: Pacific Airshow & After Burner Festival

Dates: September 30 - October 3, 2021
Times: 12:00 PM – 5:00 PM September 30
10:00 AM – 10:00 PM October 1 & 2
10:00 AM – 5:00 PM October 3
Location: Beach parking lots, beach and ocean from Beach Blvd. to Seapoint St.,
Pier Plaza, 100 & 300 block of Main Street
To: Kevin Elliott, Pacific Airshow, LLC
From: Aaron Katayama, Acting Specific Events Supervisor

SPECIFIC EVENT PERMIT

Permit # 10-21-28

The Permit will provide that the Pacific Airshow Operators (PACIFIC) has the exclusive rights to
conduct the airshow (EVENT) in the City of Huntington Beach (CITY) for 2021.

The Permit will provide that PACIFIC shall have the exclusive right to select and hire any and all
necessary subcontractors for the EVENT. PACIFIC shall have the exclusive right and discretion to
determine the elements of the EVENT. Except to protect health and safety, City shall not act in
anyway contrary to or in violation of the Permit to conduct the EVENT.

The Permit will provide the specific location(s) of the EVENT. The SITES of the EVENT shall
include, but are not limited to, the following locations in the CITY: Huntington City Beach, the
Huntington Beach Pier, Pier Plaza, 6th Street Parking lot, RV Parking lot (on Huntington and PCH)
with access to power (labor and installation to be paid by PACIFIC), and water. The following areas
will be given first consideration if a site plan is submitted and approved demonstrating activation of
these areas as a part of the event: Main Street (from PCH to Orange Ave.). 5th Street (from PCH
to Orange Ave.), 3rd Street (from PCH to Orange Ave.), Walnut (from 5th Street to 3rd Street), Olive
(from 5th Street to 3rd Street), and Orange (from 5th Street to 3rd Street).

The Permit will provide that during the dates of the EVENT, no other vendor, business, tents,
structures, chalets, or event will be permitted within the SITE, without PACIFIC’s written approval.
Except as otherwise provided, during the dates of the EVENT, PACIFIC will have exclusive use and
control of the SITE for event purposes. The Permit will provide that, if available, the CITY’s council
chambers will be available for PACIFIC’s use for daily pilot briefing.

The Permit will provide that PACIFIC will have the exclusive right to present, conduct, promote,
market, operate, and manage the EVENT, which will be on a weekend (Friday, Saturday, and
Sunday) for October 1-3, 2021 using Huntington Beach in the CITY as the SITE of the event. The
parties understand that the actual dates of the EVENT will be dependent on the availability of the
participating jet team(s).

The Permit will provide that the City will make every effort to notify PACIFIC of any construction, road
maintenance, or any activity planned on or adjacent to the SITE that may inhibit or otherwise disrupt
the use of the SITE during the EVENT.
The Permit will provide that with the exception of the hospitality and VIP/priority seating areas, no
admission fee may be charged for spectators.

The City represents and warrants that it has the exclusive power and authority to grant the right to
conduct airshows in the CITY, such that no other person or entity has the power or authority to grant
anyone the right to conduct any airshow in the City.

The City represents and warrants there are no and will be no permits, agreements, or contracts with
anyone other than the PERMIT provided to PACIFIC relating to the EVENT or any airshow for 2021.
The City represents and warrants that no other person or entity, other than PACIFIC, has or will
have any right or interest to present, conduct, promote, market, operate, own, or manage any
airshow in the CITY.

The PERMITEE will acknowledge and agree that they are entering into a PERMIT freely and
voluntarily following an extensive arm's length negotiation, and that each has had the opportunity to
consult with legal counsel prior to executing the PERMIT. The PERMIT will also acknowledge that
no representations, inducements, promises, agreements or warranties, oral or otherwise, have been
made by that party or anyone acting on that party's behalf, which are not embodied in this PERMIT.
The PERMIT was not provided in reliance on any representation, inducement, promise, agreement,
warranty, fact or circumstance not expressly set forth in this PERMIT. The PERMIT will contain all of
the terms of issuance of the PERMIT, and supersede all prior understandings and agreements
whether oral or in writing between the parties respecting the subject matter hereof. Except as
otherwise provided in the PERMIT, the terms and conditions of issuance or the Permit may not be
cancelled, revoked, or otherwise modified except by providing applicant notice and opportunity for a
public hearing.

The City of Huntington Beach may revoke the permit at any time for any issue of non-compliance
with Permit conditions including if Permittee is unable or unwilling to perform the terms and
conditions of the Permit.

On-site Permit Conditions for 2021:

All conditions outlined in the letter of conditions apply.

Any proposed amendments to these conditions must be approved by the Director of Community &
Library Services. Additional conditions may be placed on the event as deemed necessary by City
staff to address public safety issues or to achieve compliance with all local laws and codes.

All Licensees, ticket holders, and guests are prohibited from bringing into the event the following
prohibited items: any weapons, including but not limited to, firearms, bombs, grenades, toys
resembling firearms, ammunition, wires, box cutters, mace, tear-gas, pepper spray, knives,
fireworks, sparklers or incendiary materials of any kind; any noisemakers, including but not limited
to, megaphones, air horns, sirens and whistles; helium balloons; kites; drones; laser pointers; any
illegal substances, including but not limited to, any drugs, drug paraphernalia, alcohol and any item
that would or could negatively impact public safety, aircraft safety and/or present a threat, real or
perceived. All bags and containers are subject to security inspection upon entering the event area.
The prohibited items list and bag-check information must be posted on signs at the entrances to the
event area.

The Airshow is a “No Drone Zone”. No aircraft, including any drone or unmanned aerial systems,
may be operated within five nautical miles of the airshow site, unless otherwise coordinated by
PACIFIC and approved by both PACIFIC and FAA as part of the Airshow planning.

Set up of the boneyard may begin on Thursday, September 23, 2021 at 6:00 AM. Breakdown must
be completed by the end of the day on Friday, October 8, 2021 by 3:00 PM. Noisy activity may not
be generated between the hours of 7:00 PM to 7:00 AM.

Private security must be on site starting September 23 or when any equipment or event material is
present in the event area.

Only event vehicles or delivery vehicles may be driven onto the beach service road, on the beach,
and into the boneyard. All private vehicles belonging to event staff must park in a parking lot. No
personal vehicles may drive or be parked on the beach or beach service road at any time during set
up, take down, or during the event.

Loading or unloading trucks from the beach service road is prohibited. All loading or unloading must
take place in the boneyard area, sand, or the paved keyhole.

The beach service road must be kept clear of vehicles or obstacles at all times. Vehicles used to
deliver and pick up equipment must be removed from the beach immediately following
loading/unloading.

Security or event staff must be positioned where the Beach parking lot (enter Beach Blvd. or
Huntington St.) meets the beach service road to insure that unauthorized vehicles do not enter onto
the beach service road and to regulate the flow of traffic during load/unload times. This security
must be in place during all times that vehicles enter onto the beach service road or beach.

A separate staff member must guide delivery vehicles on the beach service road to regulate the
speed of vehicles and to guide vehicles safely through pedestrians. Staff directing vehicles must be
clearly identified with a safety vest or visible “event staff” clothing. No delivery or service vehicles
may be driven on the beach service road during the event hours or if pedestrian traffic deems the
driving activity unsafe.

Main Street will be closed by 5:00 AM on Saturday, October 2 and it be reopened no later than 6:30
PM on Sunday, October 3. Removal of the boats on Main Street must be made a priority at the
conclusion of the event on Sunday in order to reopen the streets in a timely manner. 

The boneyard area must be fenced and screened.

Concerts will be limited to Friday, October 1 and Saturday, October 2. Gates may open at 4:00 PM.
Concert must end at 9:30 PM and venue guests must clear by 10:00 PM. No live music on Sunday.
The concert venue occupancy must not exceed 8,000 people.

Concert Security: Security checks must include metal detectors and thorough bag checks to ensure
safety of all attendees. Event attendees may not have in/out privileges while in the concert venue. If
attendee(s) need to exit due to emergency security must issue a color wristband for reentry.

Additional officers will be added, at the expense of the event organizer, if the event crowds dictate.

The onsite security manager must have an operating cell phone and the Police Department must
have the number for this security manager.

Overnight security must understand they are not to invite personal guests onto the beach during the
nighttime hours.

Vendors, Musicians, or marketing companies will not be permitted to autograph or draw on the bodies
of patrons of the event.

The Police Department reserves the right to shut down any activity that poses a threat to public safety
or creates an unreasonable disruption to the flow of traffic.

Any event that has an alcohol sponsorship must include a sign site plan that designates 20% of
alcohol signage to have an alternative or educational drinking message such as “know when to say
when” or “don’t drink and drive”. Also, “no alcohol beverage consumption” signs must be posted.
Merchandise handouts with an alcohol product name may not be distributed.

A permit from the Alcohol Beverage Control is required for the service of alcohol.

Beer and wine service is permitted in the ticketed areas of the airshow and concerts.

All participants wishing to consume alcohol must be provided with a wristband identifying them as 21
years of age or older. Different colored wrist bands must be used each subsequent day. The 21 years
of age or older wristbands must be different than any other wristband issued by the event organizers.
Only one wristband issued per person per day, no exceptions. PACIFIC shall be responsible for
ensuring that participants have proper identification upon obtaining wristbands. The consumption
areas must be contained within a fenced area with at least one main entrance and one emergency
exit marked as an “Emergency Exit Only”. No alcoholic beverages are allowed outside of the
designated consumption areas. No alcoholic beverages from outside of the consumption areas may
be brought into the area.

Signs must be posted at the entrance/exit and within the consumption areas on the perimeter. These
signs must state ‘NO ALCOHOLIC BEVERAGES ALLOWED BEYOND THIS POINT”. Additionally,
there must be educational signage such as “Don’t Drink and Drive” posted throughout the alcohol
consumption area.

There is a two-drink maximum per person, per transaction. There is no limit on the number of
transaction per person. All alcoholic beverages must be served in clear plastic cups that hold no more
than 16 fluid ounces for beer and 6 fluid ounces for wine and distilled alcoholic beverages. The cups
must be distinctively different from cups used for non-alcoholic beverages.

The hours of operation for alcohol service at the airshow are limited to 10:30 AM to 4:30 PM on
Friday, October 1 through Sunday, October 3, 2021. The hours of operation for alcohol service at the
concerts limited to 4:00 PM to 9:30 PM on Friday, October 1 and Saturday, October 2.

Identifiable security guards must be positioned at the entrance/exit at all times. All security guards
must possess a valid California State guard card.

Each server is prohibited from consuming alcoholic beverages while serving others and must have
completed Responsible Beverage Service (RBS) training within the last two years. The event
organizer is responsible for ensuring these requirements are met and must be able to produce RBS
proof of completion for each server upon request of a police officer or city staff member.

VIP wristbands for each day must be submitted to the Specific Events Supervisor for use by
undercover police officers.

No alcohol is permitted anywhere outside the ticketed areas.

Huntington Beach Police Department supervision can revoke the permit for the service of alcohol at
any time for any issue of non-compliance with these conditions.

Any tents or membrane structures are required to comply with City Specification #432 and Section
3103 of the 2013 California Fire Code.

All booths are required to be clearly labeled on the plot plan for emergency response purposes.

Hospitality areas must have access breaks for emergency exiting.

At least one 2A:10BC Fire Extinguisher shall be provided within 75’ of travel as determined by the
plan reviewer and fire prevention inspector. Extinguishers are required to be serviced and tagged by
a State Fire Marshal Licensed company within the past year. Extinguishers shall be readily visible
and accessible with downward pointing signs provided in locations approved by the Fire Prevention
Inspector.

A building permit is required for certain structures and vehicle-mounted generators. A path of travel
for accessibility is required.

It is the responsibility of event organizers to pick up trash and construction debris inside of the event
area.

Portable restrooms and dumpsters must not be placed in front of or immediately adjacent to beach
concessionaries.

PACIFIC is responsible for the repair or replacement of damage to city equipment or property.

The beach shall be left in a condition equal to or better than it was prior to the event. If at any time
during the event a modification is necessary in order to protect the sand and/or the environment,
event staff will make every effort possible to ensure the required modification is implemented as
soon as possible.

PACIFIC must take care of all parking needs for their sponsors, vendors and participants. Individual
sponsors, vendors, or participants should not contact the Parking Division for any special parking
arrangements outside of those coordinated by PACIFIC.

PACIFIC will be responsible for control of any reserved parking areas.

City shall, at their sole expense, cover cost of any and all trash services related to event with City’s
trash provider, Republic Services. PACIFIC will coordinate and plan needs with Republic directly.

Only food trucks with a current Huntington Beach Business License are permitted to service the
event.

A permit through the Orange County Health Department is required for all food service or sampling
to VIP guests or to the public.

The City of Huntington Beach has a policy prohibiting the use of expandable polystyrene (commonly
referred to by the trade name Styrofoam) food service products. The use of these products is
prohibited at all events on public property and within city facilities. This prohibition shall apply to
event organizers, agents of event organizers, event vendors and any other party who enter into an
agreement with one or more of the sponsors of the event to sell or provide goods or beverages at
the event.

Sticker graffiti is a problem for the City of Huntington Beach. Vendors may not hand out stickers.

A staff person from PACIFIC must be dedicated to oversee the vendors. This staff person must be
on site during all time that the vendor area is operating. The staff person must have an operating
cell phone and be available at all times to city personnel to resolve issues/violations.

Street teams and sponsors involved in the event are not permitted to distribute product or flyers
outside of the event venue.

Vendors must close each night no later than 6:00 PM, with the exception of the Pier Plaza vendors
who can stay open until 9:00 PM on Friday, October 1 for the “Meet the Pilots” event.

Vendors, sponsors, and MC’s must be advised that tossing of product into crowds is not permitted.
 1 PROOF OF SERVICE

2 PACIFIC AIRSHOW, LLC v. CITY OF HUNTINGTON BEACH, et al.

3 I am employed in the County of Orange, State of California at SL LAW, PC. I am over
4 the age of 18 and not a party to the within action; my business address is 4343 Von Karman Ave.,

5 Suite 250J, Newport Beach, CA 92660.

6 On June 30, 2023, I served the foregoing document(s) described as:

7 FIRST AMENDED COMPLAINT on the following interested parties in this action:
MICHAEL E. GATES, City Attorney Attorneys for Defendant
8 City of Huntington Beach City of Huntington Beach
Office of the City Attorney
9 2000 Main Street, Fourth Floor
Huntington Beach, CA 92648
10
Tel: (714) 536-5538
11 Email: Michael.Gates@surfcity-hb.org

12 LAUREN ROSE, Deputy City Attorney Attorneys for Defendant

City of Huntington Beach City of Huntington Beach
13 Office of the City Attorney
2000 Main Street, Fourth Floor
14 Huntington Beach, CA 92648
Tel: (714) 536-5662
15
Email: Lauren.Rose@surfcity-hb.org
16
MARK J. AUSTIN, Partner Attorneys for Defendant
17 Burke, Williams & Sorensen, LLP Kim Carr
1851 East First Street, Suite 1550
18 Santa Ana, CA 92705
19 Tel: 949.863.3363
Email: MAustin@bwslaw.com
20
XX BY ELECTRONIC SERVICE VIA ONE LEGAL E-FILING SERVICE: I served the
21 above-entitled document(s) through the One Legal E-Filing Service at www.onelegal.com
addressed to all parties appearing on the electronic service list for the above-entitled case.
22 A copy of the One Legal Service Receipt Page/Confirmation will be maintained with the
original document(s) in this office.
23

24 I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
25
Executed on June 30, 2023 at Newport Beach, California.
26
/s/ Ann Chong
27 Ann Chong, Declarant
28
12
FIRST AMENDED COMPLAINT