sierra club measure I lawsuit (San Bernardino, CA) update ....
rev. 8/30/05

Litigation Files and Notes


Public login to San Bernardino Superior Court Civil Docket (our case number is 117762 or you can find it by searching under business name "Sierra Club")


Case reassigned to Shahla S. Sabet, R20, Rancho Cucamonga as of 10/05/04


Documents
(all documents are pdf files):


SANBAG'S WRIT PROCEEDING (CURRENTLY IN PROGRESS)

(Awaiting Oral Argument, No Date Set)

Tentative ruling

Docket as of 08/30/05

SANBAG's traverse (filed 06/09/05)

Our return to the Court's OSC (filed 5/25/05)

OSC Why Relief Should not be Granted (filed 5/4/05)

SANBAG reply to Opposition (filed 4/13/05)

Dept. of Trans brief (04/08/05)

Order granting CA Dept. of Trans. brief (04/08/05)

Application to file Amicus brief - CA Dept. of Transportation (filed 4/1/05)

Our Opposition to the Writ (filed 03/29/05)

CSAC brief (filed 3/16/05)

Self-Help Counties brief (filed 3/16/05)

Order granting motions to file amicus briefs (filed 3/16/05)

Order inviting Opposition to Writ from Real Party in Interest (filed 3/10/05)

Our Preliminary Opposition to the Writ (filed 02/28/05)

Application to file Amicus brief, Self-Help Counties Coalition (filed 02/24/05)

Application to file Amicus brief, California State Association of Counties (filed 02/18/05)

Request for Judicial Notice 2/15/05

Exhibits Lodged 2/15/05

SANBAG writ to the Appellate Court (filed 2/15/05)



The Trial Court Proceeding (Presently on Hold, Waiting on the Writ by agreement of counsel)

Ruling on the Demurrer (hint:  we won this round.)

Our Opposition

Demurrer
Demurrer Points & Authorities
Demurrer Supporting Declaration
Demurrer Request for Special Notice

Note:  Hearing was 12/16/04, following various reschedulings.  Judge Sabet's oral tentative was very thorough -- Sierra Club members, we will probably want a copy of the transcript of this hearing.



Sierra Club Complaint / Petition



Other items of interest:

January 2005:

Respondents add more counsel: The new firm is Bingham McCutchen LLP of Walnut Creek;  lead counsel Steven Kostka is a co-author of the leading reference work on CEQA, "Practice Under the California Environmental Quality Act."   Guess his opinion on what CEQA law "really is" will carry some weight with the judge, right?  Sort of like getting Bernie Witkin on "your side" in a California legal dispute ...

Alan Waltner is no slouch either, having headed up the SF office of the EPA, among other things.  Julie Jones probably won't embarrass the county, either.

It's sort of like bringing in a Tsunami of legal talent on the side of the respondents. 

October 2004

Administrative Record lodged 10/12/04 - 10/13/04

September 2004

CCP 170.6 Peremptory Challenge filed 9/29/04
as to Judge Wade.  As of October 5, 2004, docket reflects file has been sent to Judge Wade for his review relative to the peremptory challenge.