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Home My WebLink AboutAgenda Report - March 5, 1986 (89)Cill Y CDU'NrIL r rpTlc MARai 5, 1986 UPDATE GI%71. BY CITY ATiYJRrrEY ' REGARDING MA.SURF. A LAWSUIT City Attorney Ron Stein gave an update on the Measure A Lawsuit and responded to questions regarding the matter as 4 OC -30 were posed by the Council. 'P4UNCIL COMMUNICATIPN TO THE CITY COUNCIL DATE , NO. FROM THE CITY MANAGER'S OFFICE FuLraary 26, 1986 SUBJECT: MEASURE A APPEAL FILED Attached hereto is a copy of Judge Darrah's Judgment declaring Measure A invalid and void, entered February 19, 1986. Also attached is a copy of the Notice or Appeal of that decision filed February 25, 1986 by the City. I will keep you informed of any developments in this matter. Ronald M. Stein City Attorney RMS : vc attachments Attorney(:) for .._... _ ...................... ...... _._.. _._ ......_.. Space oboe for Nome. Address and Telephone No. of Attorneys) �.�EtVEn_ &.0 DATE: {I/lfL ALICE M. REIMCHE CITY CLERK CITY OF LODE Space oboe for use of Court Clerk only SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN L.I.F.E. COMMITTEE, a California Unincorporated Association, Petitioner, VS. CITY OF LODI, a California General Law City, and DOES I through IX, Respondent.. t CASE NUMBER 178641 NOTICE OF ENTRY OF JUDGMENT You are notified that a judgment in this cause was entered in Civil Judgment an February 20, 1986 (Dote) ATTORNEYS OF RECORD Steven A. Herum Neumiller b Beardslee P. 0. Drawer 20 Stockton, California 95201 Daniel J. Curtin,'Jr. Van Voorhis 6 Skaggs P. 0. Box V Walnut Creek, California 94596 e Mark I Weinberger Shute, Mihaly & Weinberger 396 Hayes Street San Francisco, California 94102 Ronald M. Stein, City Attorney • 221 West Pine Street Lodi, California 95240 Daniel P. Selmi 1441 West Olympic Boulevard P. 0. Box 15019 0 Los Angeles, California 90015-3980 By _ RALPH W. EPPERSON, Clerk JEAN SMITH CERTIFICATE OF MAILING Deputy 1, RALPH W. EPPERSON, hereby certify as follows: I am the Clerk of the above entitled Court and not a party to the above entitled action. 1 served the above NOTICE OF ENTRY OF JUDGMENT by depositing a true copy thereof in the United States mail in Stockton, California on February 21_6_, enclosed in a sealed envelope with the postage thereon fully prepaid, addressed to each attorney of record at their respective Post Office addresses as set forth in this notice. RALPH W. EPPERSON. County Clerk and Clerk ofthe Superior Court of the State of California, for the County of San Joaquin. By JEAN SMITH Deputy I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 it? 20 21 22 23 24 25 26 27 28 NEUMILLER & BEARDSLEE FILED n A PROFESSIONAL CORPORATION STEVEN A. HERUM 1386 FEB 2Q Post Office Drawer 20 �i 5$ Stockton, California 95201-3020 RALPH W.EPPERSON Telephone: (209) 948-82.00 .CLERK BY LEAN SMtrr_ McCUTCHEN, DOYLE, BROWN & ENERSEN DEPUTY DANIEL J. CURTIN, JR. Post Office Box V ._ Walnut Creek, California 94596 Telephone: (209) 937-8000 Attorneys for Petitioner SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN L.I.F.E. COMMITTEE, A California Unincorporated Association, Petitioner, -vs- CITY OF LODI, a California General Law City, and DOES I through IX, Respondent. NO. 178641 JUDGMENT GRANTING PEREMPTORY WRIT OF -- MANDAMUS This matter came regularly before this Court on November 18, 1985, for hearing. Steven A. Herum, Esq. of Neumiller & Beards?ee, and Daniel J. Curtin, Jr. of IV McCutchen, Doyle, Brown & Enersen appeared for Petitioner. Daniel P. Selmi, Esq., Mark I. Weinberger of Shute, Mihaly & Weinberger and Ronald M. Stein, Esq. appeared for Respondents. _ On consideration of all evidence set forth in the papers submitted and oral arguments having been presented, the court having made a ruling, which is signed and filed, IT IS ORDERED THAT: -1- 1 2 3 4 5 6 7 8 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 _1. _, A peremptory Writ of Mandate issue commanding Respondents to cease administering and enforcing the initia- tive ordinance (Measure A) adopted at a special election held August 21, 1981; 2. That this Court finds and declares the initiative ordinance (Measure A) adopted at a special election held. August 21, 1981 is , invalid and void on its face or as applied to Petitioner; 3. That this court finds and declares that the initia- tive nitiative ordinance (Measure A) adopted at a special election held August 21, 1981, unlawfully interferes with the pro- cess of annexation; 4. Petitioner recover all its costs of this proceed- ing. Dated: i JUDGE OF THE SUPERIOR COURT Judgment entered on 19 , in the Judg- ment Book, Volume No. , Page E CLEMENT S}IL'fE,JR MARK i. WEINbERGER MARC D.MUtALY. P. C AELETTA DA DRUM MAN M. LAYTON RACHEL D. HOOPER SHUTE. MIHALY 8 WEINBERGER ATTORNEYS AT LAW M -XU, STREET SAN FRANCISCO. CALIFORNIA S)410l. t4153 552-7272 February 21, 1986 - TERRILLJ. mA".T_ AtCP VkAAM ►LANI:ER DANIEL S MILLER ENVIROWWWTAL ►ELLOW Steven A. Herum, Esq. Neumiller & Beardslee Post Office Drawer 20 Stockton, CA 95201-3020 Re: L.I.F.E. Committee v. City of Lodi, et al. Dear Steve: Please forward to me an endorsed copy of the judgment as soon as you receive it from the court. My client has instructed me to appeal at the earliest opportunity. Thank you. Very truly yours, SHUTE, MIHALY & WEINBERGER MARK I. WEINBERGER MIW:ad 026/lodi cc: Daniel J. Curtin, Jr. /Ronald M. Stein Daniel P. Selmi 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NARK I. WEINBERGER SHUTE, MIHALY & WEINBERGER 396 Hayes Street San Francisco, CA 94102 Telephone: 415-552-7272 RONALD M. STEIN City Attorney City of Lodi 221 West Pine Street Lodi, CA 95240 Telephone: 209-334-5634 DANIEL P. SELMI 1441 West Olympic Blvd. Post Office Box 15019 Los Angeles, CA 90015-3980 Telephone: 213-736-1098 Attorneys for Respondent City of Lodi SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN JOAQUIN L.I.F.E. COMMITTEE, A California ) I Unincorporated Association, ) Petitioner, ) VS. ) CITY OF LODI, A California ) General Law City, and DOES I ) through n, ) Respondents. ) NO. 178641 NOTICE OF APPEAL, NOTICE OF ELECTION TO PROCEED UNDER THE PROVISIONS OF RULE 5.1 OF THE CALIFORNIA RULES OF COURT, AND NOTICE TO PREPARE REPORTER'S TRANSCRIPT FEB 2 6 1986 1 2 3 4 S 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Respondent City of Lodi hereby appeals the Judgr-?nt Granting Peremptory Writ of Mandamus in the above -captioned matter which was entered on February 20, 1986. NOTICE IS HEREBY GIVEN that respondent and appellant City of Lodi elects to proceed under the provisions of Rule 5.1 of the California Rules of Court to comp=le an appendix in lieu of preparation of the Clerk's franscrij . NOTICE IS FURTHER HEREBY GIVEN for the preparation of a Reporter's Transcript of the oral proceedings in the above -captioned action on November 18, 1985. DATED: February 25, 1986 Respectively Submitted, SHUTE, MIHALY & WEINBERGE RONALD M. STEIN City Attorney DANIEL P. SELMI I LD2/013 By: NARY, I. WEINBERGER Attorneys for Respondent City of Lodi 1 2 3 4 5 6 7 8 9 I 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY MAIL Re: L.I.F.E. Committee v. City of Lodi Case No. 178641 I am a citizen of the United States and a resident of the County of San Francisco. I am over the age of eighteen years and not a party to the within above entitled potion; my business address is 396 Bayes Street, San Francisco, California. On February 25, 1986, I served the within NOTICE OF APPEAL, NOTICE OF ELECTION TO PROCEED UNDER THE PROVISIONS OF RULE 5.1 OF THE CALIFORNIA RULES OF COURT, AND NOTICE TO PREPARE REPORTER'S TRANSCRIPT on the parties in said action, by placing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Post Office mail box at San Francisco, California addressed as follows: Steven A. Herum Neumiller & Beardslee 509 West Weber Avenue, 5th Fl. Stockton, CA 95201 Daniel J. Curtin, Jr. McCutchen, Doyle, Brown & Enerson 1855 Olympic Blvd., 3d Floor Box V Walnut Creek, CA 94596 Michael H. Remy Remy & Thomas 801 - 12th Street, Ste. 500 Sacramento, CA 95814 1, Arley T. Dann, declare under penalty of perjury that the foregoing is true and correct. Executed on February 25, 1986 at San Francisco, California.