2023-02-03, Los Angeles County Superior Courts | Personal Injury | Petitioner disputes the interpretation of the Settlement Agreement. (Evid. City turns back appeal by foes of Ritter Ranch | News | avpress.com Then Leona Valley, a village of about 600 small ranches where a developer wants to build 7,200 housing units, formed a town council in 1990. (c). A court ruling on a demurrer therefore cannot take judicial notice of the proper interpretation of a document submitted in support of the demurrer. Nonetheless, Petitioner disputes the minutes provide important confirmation of the City of Palmdales official approval of the Settlement Agreement. Specifically, Petitioner challenges Respondents assertion the Settlement Agreement at issue here is the Settlement Agreement discussed in Exhibit B. The case, however, is inapposite because the document being judicially noticed in was a government document created pursuant to an official act. Petitioners request is an unreasonable sanction. . (Evid. . (Pet., 12.) For purposes of demurrer, the court cannot find under the facts here the Settlement Agreement is void or unenforceable. Authentication of Judicially Noticeable Documents: As a preliminary matter, Petitioner raises an authentication objection in response to Respondents request for judicial notice. Based on the foregoing, the motion is granted in partthe court strikes the supplement to the administrative record and denies Petitioners request to enter judgment. Petitioner moves to strike the Citys supplement to the administrative record served on January 20, 2023, 14 days after Petitioner filed its opening brief and just over five weeks before trial on the petition. . The court may take judicial notice of these documents and the effect of these recorded documents. Code, 452, subd. Copyright 2023 Leona Valley Town Council - All Rights Reserved. Key findings required under [the law] [we]re impossible to findlet alone sufficient to enable [the appellate court] to determine whether they are supported by substantial evidence. (Id. Petitioner seeks to strike the supplement to the administrative record. Nonetheless, Petitioner disputes the minutes provide important confirmation of the City of Palmdales official approval of the Settlement Agreement. Specifically, Petitioner challenges Respondents assertion the Settlement Agreement at issue here is the Settlement Agreement discussed in Exhibit B. [Citation. The Leona Valley Town Council is a Not for Profit organization created to preserve the. Moreover, Petitioner argues Paragraph 12(h) of the Settlement Agreement does not refer to or expressly include the defined phrase "Settled Dispute" such that the "matters settled and released hereby" is ambiguous as to the scope of claims it includes. MC002898 on or about April 4, 1992, and MC003201 on or about June 23, 1992 involve the same claims and issues. Respondents seek judicial notice of the Citys Councils special meeting minutes. (Taggart Decl., 2, Ex. They are made up of democratically elected volunteers who serve as a liaison for their residents to various governmental agencies. Join Us - Myleonavalley.org Respondents filed a corrected declaration on October 6, 2022, attaching the omitted Exhibit J. The City Council failed to make full consideration of EIR 90-4, and recognize the adverse environmental assessment of that EIR and any overriding considerations. (Pet., 30. Rather, Petitioner argues the petition alleges a subsequent EIR is required under Public Resources Code, section 21166 because: (1) "[s]ubstantial changes are proposed in the Project"; (2) "[s]ubstantial changes have occurred with respect to the circumstances under which the Project is being undertaken"; and (3) "[n]ew information, which was not known and could not have been known at the time EIR 90-4 was certified . (Evid. Code, 452, subd. Exhibit B: Respondents seek judicial notice of the Citys Councils special meeting minutes. Download a membership form from the bottom of this page. In support, Respondents cite several casesincluding Performance Plastering v. Richmond American Homes of California, Inc. (2007) 153 Cal.App.4th 659 and Scott v JP Morgan Chase Bank, N.A. The statute provides: [i]f the public agency fails to prepare and certify the record within the time limit established in paragraph (1) of subdivision (b) [of Public Resources Code section 21167.6], or any continuances of that time limit, the plaintiff or petitioner may move for sanctions, and the court may, upon that motion, grant appropriate sanctions. (Pub. 2. It was the first Town Council in Antelope Valley and most other local communities have now formed their own Town Councils. Petitioner, Leona Valley Town Council, opposes the demurrer. Town Councils Give Communities a Chance to Be Heard - Los Angeles Times PURPOSE The purpose of the LVTC s hall be to engage in such activi ties as may promote the Stromberg thereafter submitted a revised declaration, attempting to address the well-taken authentication objections raised by Petitioner. [8] A court cannot determine based on only the four corners of a document, without provisionally considering any extrinsic evidence offered by the parties, that the meaning of a document is clear and unambiguous. (Id. v. City of Livermore et al. (a), (b), (c), (d) and (h).) Thus, while the court rejects Petitioners argument that the release in the Settlement Agreement only applies to Messer Ranch property, the court finds for purposes of demurrer Petitioners other interpretation argumentsalthough fairly anemicare sufficient to survive. Traditionally, collateral estoppel has been found to bar relitigation of an issue decided at a previous proceeding if (1) the issue necessarily decided at the previous [proceeding] is identical to the one which is sought to be relitigated; (2) the previous [proceeding] resulted in a final judgment on the merits; and (3) the party against whom collateral estoppel is asserted was a party or in privity with a party at the prior [proceeding]. [ ] It is implicit in this three-prong test that only issues actually litigated in the initial action may be precluded from the second proceeding under the collateral estoppel doctrine. . ), Exhibit G: The City and Real Partys request for judicial notice of the recorded deeds for the Ritter Ranch property from 1990 to 1995 is granted. (c) and (h). . . ), Generally, public agencies shall prepare and certify the record of proceedings not later than 60 days from the date that the request [to prepare the record] was served upon the public agency. (Pub. (Pet., 13.) [As is routine in law-and-motion practice, most of Greenspan's exhibits were authenticated through declarations submitted by his attorneys, who had personal knowledge of how the Meieran Trust obtained the exhibits, how they had been identified, who had identified them, and their status as true and correct copies of the originals. ]), [2] In conformance with the Specific Plan and the EIR, RITTER has submitted the following applications with respect to the Ritter Ranch Project: a 404 Permit (U.S. Army Corps of Engineers), a 1601 Permit (California Dept. . To be clear, the court did not consider any statements purporting to interpret or describe the contents of the various documents given the evidentiary limitations on demurrer. 457, 460, . Moreover, as noted, the plaintiff in the case did not allege or argue in the trial court that the [judicially noticed] contract was inauthentic or otherwise reasonably subject to dispute. (Id. Mitchell L. Beckloff in Department 86 Stanley Mosk Courthouse, Verified Petition and Complaint for (1) Writ of Administrative Mandamus, or in the Alternative, Writ of Mandate, and (2) Declaratory Relief; Filed by: LEONA VALLEY TOWN COUNCIL, a California Non-Profit Corporation (Petitioner); As to: CITY OF PALMDALE CITY COUNCIL IN THEIR OFFICIAL CAPACITY (Defendant); CITY OF PALMDALE (Defendant), Civil Case Cover Sheet; Filed by: LEONA VALLEY TOWN COUNCIL, a California Non-Profit Corporation (Petitioner); As to: CITY OF PALMDALE CITY COUNCIL IN THEIR OFFICIAL CAPACITY (Defendant); CITY OF PALMDALE (Defendant), Request REQUEST THAT THE CITY OF PALMDALE'S CUSTODIAN OF RECORDS ASSEMBLE AND TRANSMIT THE MATERIALS WHICH CONSTITUTE THE RECORD OF PROCEEDINGS FOR THIS MATTER; Filed by: LEONA VALLEY TOWN COUNCIL, a California Non-Profit Corporation (Petitioner); As to: CITY OF PALMDALE CITY COUNCIL IN THEIR OFFICIAL CAPACITY (Defendant); CITY OF PALMDALE (Defendant), Request REQUEST TO SET A HEARING; Filed by: LEONA VALLEY TOWN COUNCIL, a California Non-Profit Corporation (Petitioner); As to: CITY OF PALMDALE CITY COUNCIL IN THEIR OFFICIAL CAPACITY (Defendant); CITY OF PALMDALE (Defendant), Notice of Case Assignment - Unlimited Civil Case; Filed by: Clerk, Respondent, City of Palmdale, moves for an order permitting it to correct and re-certify the administrative record for this proceeding to include additional records omitted from the administrative record it previously certified. Leona Valley Town Council: Employee Directory | ZoomInfo.com Santa Clarita / Antelope Valley : Ritter Ranch Builder Sues Council (b). 2d 545, 554.) (c). For the foregoing reasons, the demurrer is overruled. In exchange for this (arguably, unfulfilled) benefit, Petitioner waived its constitutional right to petition the government for redress of grievances. (Barlow Decl., 10. Petitioner otherwise makes no complaint about the administrative record in its Opening Brief. In support, Respondents cite several casesincluding, Thus, there is no dispute the Settlement Agreement is genuine and accurate. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. Stromberg thereafter submitted a revised declaration, attempting to address the well-taken authentication objections raised by Petitioner. Petitioner concedes the existence of the minutes is not reasonably subject to dispute. . . The company's . )[2], Respondents filed the declaration of Megan Taggartthe Citys Planning Managerto authenticate Exhibits A through F and J through K.[3]. Leona Valley Town Council - Posts | Facebook An issue is actually litigated [w]hen [it] is properly raised, by the pleadings or otherwise, and is submitted for determination, and is determined . . "You've just got to accept it . . B.5 Leona Valley Town Council Terrence D. Kenney, Member 05-Sept-06 12-Sept-06 B.6 Jackson-DeMarco-Tidus-Pekenpaugh Law Corporation, representing Leona Valley residents and the Leona Valley Town Council Alene M. Taber 07-Sept-06 12-Sept-06 B.7 Self Carol and Lawrence Brunet, et. On 05/20/2022 LEONA VALLEY TOWN COUNCIL, A CALIFORNIA NON-PROFIT CORPORATION filed an Other - Writ Of Mandamus lawsuit against CITY OF PALMDALE CITY COUNCIL IN THEIR OFFICIAL CAPACITY,.This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. Leon Valley, Texas Home Page | Leon Valley Texas The City and Real Partys request for judicial notice of a September 13, 1995 staff report to the City is denied. The purpose of each Town Council Board is to act as a representative body for the community. Leona Valley Town Council, Palmdale, California - AllPeople ), Case Number: *******1932 Hearing Date: March 1, 2023 Dept: 86, [Tentative] ORDER GRANTING THE MOTION TO STRIKE, [Tentative] ORDER DENYING MOTION FOR JUDGMENT.