Fw: [peoples-park-news] Legal Update // UC Contractors Contacts // Open Mic // Weekly Organizing Meeting // More
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isis feral
Jul 19, 2024, 12:40:48 AM7/19/24
to isis feral
----- Forwarded Message -----
From: "peoples-...@riseup.net" <peoples-...@riseup.net>
To: "peoples-...@lists.riseup.net" <peoples-...@lists.riseup.net>
Sent: Thursday, July 18, 2024 at 09:36:42 PM PDT
Subject: [peoples-park-news] Legal Update // UC Contractors Contacts // Open Mic // Weekly Organizing Meeting // More
On behalf of the People's Park Council (PeoplesPark.org):
*****
LEGAL & OTHER UPDATES:
*****
Our lawyer Tom Lippe filed five motions on July 8 all related to his
Motion for Attorney’s fees. The essence of the argument for attorney’s
fees is that Tom and his associates took on this case knowing that there
was a possibility of not being fully compensated for their services but
provided those services which resulted is appellate decisions regarding
alternative sites and noise that significantly advance the public’s
right to be adequately informed about environmentally impactful
projects. Our successful individual litigation as decided and published
by the Court of Appeal resulted in a good for the state and the public*.
Tom argues that these aspects of our case and his representation of us
fulfill the criteria under which attorney’s fees are awarded. This
doctrine is codified in the public attorney general statute. It was
created for this very purpose, i.e. to enable important points of law to
be adjudicated through private actions where the attorney’s fees are
likely to surpass the petitioner’s ability to pay those fees.
The filing was on July 8 because he needed to wait until the case was
remanded back into the jurisdiction of the Court of Appeal which
occurred 30 days after the Supreme Court’s July 6 decision. One of the
motions is for a ten day delay before the COA remands the case to the
trial court. Tom thought that delay necessary for his motion for
attorney's fees to be heard in the COA. As it turned out The COA denied
a hearing on the motion for attorney’s fees. Tom did not include COA’s
decision to deny a hearing in those 5 emails but that order is found at
https://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=1&doc_id=2385633&doc_no=A165451&request_token=OCIwLSEmPkg9WzAtSCNdWEtIUFA6UVxfJSNOVz9TLDtNCg%3D%3D.
It states that the COA must find extraordinary circumstances for
delaying the immediate remanding of the case back to the trial court and
no such circumstances are found in this instance.
Thus the case was remanded to the trial court and marked “case complete”
on July 10, 2024 with issuance of the decision for the respondents (UC)
as ordered by the Supreme Court.
It seems from Tom’s comments that he is considering filing a motion for
attorney’s fees with the trial court. He has 60 days following the trial
court’s final disposition of the case (July 10, 2024) to file that
motion.
With the COA’s denial to hear the motion for attorney’s fees the motion
is now in Judge Roesch’s court.
* That public good derives from the decision of the COA that clarified
the environmental impact of social noise in CEQA in non residential
projects and the continued requirement of analyzing alternative sites in
projects that are not defined in Section 20185.2. Those two points
remain good law. The Supreme Court’s decision did not negate them. Their
persistence as citable law constitutes our "success" in this case.
*****
We were asked to pass on this info about Farallon, the company in charge
of "pre-construction" in the Park. Here's a list of numbers of companies
that were seen going into the Park on Monday, that could be called.
"UC Berkeley built that wall because they knew if people could see what
they have done/are doing, they would riot."
"Employees and equipment from the following companies are being paid by
UC Berkeley to do the dirt work of destroying our environment and
history. They are still at work taking 'soil samples' inside our park
RIGHT NOW"
Farallon Consulting
330 Franklin Street Suite 200 Oakland, CA 94607
(425) 295-0800
EnProbe environmental drilling services
Den...@enprobe.us
(530) 589-2019
GeoTech Utility Locating
In...@geotechlocating.com
(510) 235-4144
Condor Country Consulting
815 Estudillo St, Martinez, CA 94553
in...@condorcountry.com
(925) 335-9308
*****
Also check out the coverage of the Park by Diana Cabcabin, KPFA producer
on Saturday Evening News and freelance writer on Medium.com:
https://medium.com/the-environment/peoples-park-ce634368055d?sk=ac7a9f6afab24f96142e58e45df9d5b2
https://archives.kpfa.org/data/20240713-Sat1800.mp3 (starts at 21:22
time mark)
*****
UPCOMING EVENTS:
*****
Open Mic at the Triangle
THIRD SATURDAY OF THE MONTH (next one this weekend, JULY 20)
Telegraph and Dwight, Berkeley
The People's Park Council will be meeting at the Triangle at 1pm on
those days, preceding the open mic, NOT at our usual meeting spot at
Grassroots House.
*****
People's Park Council Meeting
SATURDAYS 1PM (Except 3rd Saturdays of the month - see Open Mic above)
Grassroots House
2022 Blake Street, Berkeley, CA 94704
*****
*** Please sign the petition to remove the wall around People's Park:
https://www.change.org/p/remove-the-border-wall-berkeley
*** The struggle is not over! Text SAVETHEPARK to 41372 to join the
bulldozer alarm text alert
*** Let 1000 Parks Bloom!
From: "peoples-...@riseup.net" <peoples-...@riseup.net>
To: "peoples-...@lists.riseup.net" <peoples-...@lists.riseup.net>
Sent: Thursday, July 18, 2024 at 09:36:42 PM PDT
Subject: [peoples-park-news] Legal Update // UC Contractors Contacts // Open Mic // Weekly Organizing Meeting // More
On behalf of the People's Park Council (PeoplesPark.org):
*****
LEGAL & OTHER UPDATES:
*****
Our lawyer Tom Lippe filed five motions on July 8 all related to his
Motion for Attorney’s fees. The essence of the argument for attorney’s
fees is that Tom and his associates took on this case knowing that there
was a possibility of not being fully compensated for their services but
provided those services which resulted is appellate decisions regarding
alternative sites and noise that significantly advance the public’s
right to be adequately informed about environmentally impactful
projects. Our successful individual litigation as decided and published
by the Court of Appeal resulted in a good for the state and the public*.
Tom argues that these aspects of our case and his representation of us
fulfill the criteria under which attorney’s fees are awarded. This
doctrine is codified in the public attorney general statute. It was
created for this very purpose, i.e. to enable important points of law to
be adjudicated through private actions where the attorney’s fees are
likely to surpass the petitioner’s ability to pay those fees.
The filing was on July 8 because he needed to wait until the case was
remanded back into the jurisdiction of the Court of Appeal which
occurred 30 days after the Supreme Court’s July 6 decision. One of the
motions is for a ten day delay before the COA remands the case to the
trial court. Tom thought that delay necessary for his motion for
attorney's fees to be heard in the COA. As it turned out The COA denied
a hearing on the motion for attorney’s fees. Tom did not include COA’s
decision to deny a hearing in those 5 emails but that order is found at
https://appellatecases.courtinfo.ca.gov/search/case/dockets.cfm?dist=1&doc_id=2385633&doc_no=A165451&request_token=OCIwLSEmPkg9WzAtSCNdWEtIUFA6UVxfJSNOVz9TLDtNCg%3D%3D.
It states that the COA must find extraordinary circumstances for
delaying the immediate remanding of the case back to the trial court and
no such circumstances are found in this instance.
Thus the case was remanded to the trial court and marked “case complete”
on July 10, 2024 with issuance of the decision for the respondents (UC)
as ordered by the Supreme Court.
It seems from Tom’s comments that he is considering filing a motion for
attorney’s fees with the trial court. He has 60 days following the trial
court’s final disposition of the case (July 10, 2024) to file that
motion.
With the COA’s denial to hear the motion for attorney’s fees the motion
is now in Judge Roesch’s court.
* That public good derives from the decision of the COA that clarified
the environmental impact of social noise in CEQA in non residential
projects and the continued requirement of analyzing alternative sites in
projects that are not defined in Section 20185.2. Those two points
remain good law. The Supreme Court’s decision did not negate them. Their
persistence as citable law constitutes our "success" in this case.
*****
We were asked to pass on this info about Farallon, the company in charge
of "pre-construction" in the Park. Here's a list of numbers of companies
that were seen going into the Park on Monday, that could be called.
"UC Berkeley built that wall because they knew if people could see what
they have done/are doing, they would riot."
"Employees and equipment from the following companies are being paid by
UC Berkeley to do the dirt work of destroying our environment and
history. They are still at work taking 'soil samples' inside our park
RIGHT NOW"
Farallon Consulting
330 Franklin Street Suite 200 Oakland, CA 94607
(425) 295-0800
EnProbe environmental drilling services
Den...@enprobe.us
(530) 589-2019
GeoTech Utility Locating
In...@geotechlocating.com
(510) 235-4144
Condor Country Consulting
815 Estudillo St, Martinez, CA 94553
in...@condorcountry.com
(925) 335-9308
*****
Also check out the coverage of the Park by Diana Cabcabin, KPFA producer
on Saturday Evening News and freelance writer on Medium.com:
https://medium.com/the-environment/peoples-park-ce634368055d?sk=ac7a9f6afab24f96142e58e45df9d5b2
https://archives.kpfa.org/data/20240713-Sat1800.mp3 (starts at 21:22
time mark)
*****
UPCOMING EVENTS:
*****
Open Mic at the Triangle
THIRD SATURDAY OF THE MONTH (next one this weekend, JULY 20)
Telegraph and Dwight, Berkeley
The People's Park Council will be meeting at the Triangle at 1pm on
those days, preceding the open mic, NOT at our usual meeting spot at
Grassroots House.
*****
People's Park Council Meeting
SATURDAYS 1PM (Except 3rd Saturdays of the month - see Open Mic above)
Grassroots House
2022 Blake Street, Berkeley, CA 94704
*****
*** Please sign the petition to remove the wall around People's Park:
https://www.change.org/p/remove-the-border-wall-berkeley
*** The struggle is not over! Text SAVETHEPARK to 41372 to join the
bulldozer alarm text alert
*** Let 1000 Parks Bloom!
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