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Photo of Butte County Superior

Court

Butte County Superior

California

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Case Information

Filed 2022-08-26
Status Closed
Type (02) Unlimited Writ Of Mandate
Docket 64 entries
Disposition notice of entry of judgment

Parties

Plaintiff Chicoans Against Financial Mismanagement No On Measure H|Ory, Karl|View Document Respondents' Opposition To S' Ex Parte Application|View Document Ex Parte Application For Order Shortening Time On Merits Hearing For S' Writ Petition|View Document Order Shortening Time On Merits Hearing For S' Writ Petition|View Document Respondents Brief In Opposition To S Petition For Writ Of Mandate; Declaration Of Deborah|View Document Reply To Respondent's Brief In Opposition To S' Petition For Writ Of Mandate|View Document S' Opposition To Respondents' Motion For Sanctions|View Document Declaration Of Anthony In Support Of S' Opposition To Respondents' Motion For Sanctions
Defendant City Of Chico|Presson, Deborah|View Document S' Opposition To Petitioners' Ex Parte Application|View Document S Brief In Opposition To Petitioners Petition For Writ Of Mandate; Declaration Of Deborah|View Document Reply To 's Brief In Opposition To Petitioners' Petition For Writ Of Mandate|View Document Petitioners' Opposition To S' Motion For Sanctions|View Document Declaration Of Anthony In Support Of Petitioners' Opposition To S' Motion For Sanctions|View Document S Reply In Support Of Motion For Sanctions Pursuant To Code Of Civil Procedure Section 128
Photo of Hon. Candela, Michael P

Judge

Hon. Candela, Michael P

Butte County (CA)

California

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Lawyers

Docket Entries

  1. Acknowledgment of Satisfaction of Judgment - Full View Document Acknowledgment of Satisfaction of Judgment - Full
  2. Summons Issued and Filed View Document Summons Issued and Filed as to City of Chico Comment Summons Issued and Filed as to City of Chico
  3. Summons Issued and Filed View Document Summons Issued and Filed as to Deborah Presson Comment Summons Issued and Filed as to Deborah Presson
  4. Writ of Mandate View Document Verified Petition for Writ of Mandate Comment Verified Petition for Writ of Mandate
  5. Proof of Service Unserved Unserved
  6. Ex Parte Application with Hearing View Document Ex Parte Application for Emergency Protective Order and Order Shortening Time Comment Ex Parte Application for Emergency Protective Order and Order Shortening Time
  7. Declaration View Document Declaration in Support of Ex Parte Application Comment Declaration in Support of Ex Parte Application
  8. Declaration View Document Declaration Regarding Notice of Ex Parte Application Comment Declaration Regarding Notice of Ex Parte Application
  9. Ex Parte Order View Document Order on Ex Parte Application Judicial Officer Benson, Stephen E Comment Order on Ex Parte Application
  10. Notice of Assignment and Case Management Conference View Document Notice of Assignment and Case Management Conference Judicial Officer Benson, Stephen E
  11. Proof of Mailing View Document Proof of Mailing
  12. Opposition - No Fee View Document Respondents' Opposition to Petitioners' Ex Parte Application Comment Respondents' Opposition to Petitioners' Ex Parte Application
  13. Notice of Entry of Judgment, Order or Ruling View Document Notice of Entry of Order
  14. Ex Parte Hearing - Predispo Original Type Ex Parte Hearing - Predispo View Document Ex Parte Application for Order Shortening Time on Merits Hearing for Petitioners' Writ Petition View Document Declaration of James Anthony Regarding Notice of Ex Parte Application for Order Shortening View Document Declaration of Drew Sanchez Regarding Notice of Ex Parte Application for Order Shortening Time View Document Civil Minutes Judicial Officer Benson, Stephen E Hearing Time 4:00 PM Result Held Comment Ex Parte Application for Order Shortening Time on Merits Hearing for Petitioners' Writ Petition Parties Present Petitioner Attorney: Anthony, James Michael Retained Counsel: Sanchez, Drew Michael Petitioner Attorney: Anthony, James Michael Retained Counsel: Sanchez, Drew Michael
  15. Ex Parte Application with Hearing View Document Ex Parte Application for Order Shortening Time on Merits Hearing for Petitioners' Writ Petition Comment Ex Parte Application for Order Shortening Time on Merits Hearing for Petitioners' Writ Petition
  16. Declaration View Document Declaration of James Anthony Regarding Notice of Ex Parte Application for Order Shortening Comment Declaration of James Anthony Regarding Notice of Ex Parte Application for Order Shortening Time on Merits Hearing for Petitioners' Writ Petition
  17. Declaration View Document Declaration of Drew Sanchez Regarding Notice of Ex Parte Application for Order Shortening Time Comment Declaration of Drew Sanchez Regarding Notice of Ex Parte Application for Order Shortening Time on Merits Hearing for Petitioners' Writ Petition
  18. Minute Order View Document Civil Minutes
  19. Notice of Reassignment View Document Notice of Reassignment Judicial Officer Candela, Michael P
  20. Ex Parte Hearing - Predispo Original Type Ex Parte Hearing - Predispo View Document Ex Parte Application for Order Shortening Time on Merits Hearing for Petitioners' Writ Petition View Document Declaration of James Anthony Regarding Notice of Ex Parte Application for Order Shortening View Document Declaration of Drew Sanchez Regarding Notice of Ex Parte Application for Order Shortening Time View Document Notice of Reassignment View Document Amended Declaration of James Anthony Regarding Notice of Ex Parte Application View Document Order Shortening Time on Merits Hearing for Petitioners' Writ Petition View Document Civil Minutes Judicial Officer Candela, Michael P Hearing Time 4:00 PM Result Held Comment Ex Parte Application for Order Shortening Time on Merits Hearing for Petitioners' Writ Petition Parties Present Petitioner Attorney: Anthony, James Michael Petitioner Attorney: Anthony, James Michael Respondent Retained Counsel: Colvin, Roger A Respondent Retained Counsel: Colvin, Roger A
  21. Declaration View Document Amended Declaration of James Anthony Regarding Notice of Ex Parte Application Comment Amended Declaration of James Anthony Regarding Notice of Ex Parte Application for Order Shortening Time on Merits Hearing for Petitioners' Writ Petition
  22. Brief View Document Respondents Brief In Opposition To Petitioners Petition For Writ Of Mandate; Declaration Of Deborah Comment Respondents Brief In Opposition To Petitioners Petition For Writ Of Mandate; Declaration Of Deborah Presson
  23. Minute Order View Document Civil Minutes
  24. Reply View Document Reply to Respondent's Brief in Opposition to Petitioners' Petition for Writ of Mandate Comment Reply to Respondent's Brief in Opposition to Petitioners' Petition for Writ of Mandate
  25. Order View Document Order Shortening Time on Merits Hearing for Petitioners' Writ Petition Judicial Officer Candela, Michael P Comment Order Shortening Time on Merits Hearing for Petitioners' Writ Petition
  26. Petition Hearing Original Type Petition Hearing View Document Respondents Brief In Opposition To Petitioners Petition For Writ Of Mandate; Declaration Of Deborah View Document Reply to Respondent's Brief in Opposition to Petitioners' Petition for Writ of Mandate View Document Civil Minutes Judicial Officer Candela, Michael P Hearing Time 11:00 AM Result Held Comment *Special Set* Writ Petition Parties Present Petitioner Attorney: Anthony, James Michael Petitioner Attorney: Anthony, James Michael Respondent Retained Counsel: Colvin, Roger A Respondent Retained Counsel: Colvin, Roger A
  27. Minute Order View Document Civil Minutes
  28. Order View Document Order After Hearing Judicial Officer Candela, Michael P Comment Order After Hearing
  29. Proof of Mailing View Document Proof of Mailing
  30. Motion - Fee Comment Respondents' Notice of Motion & Motion for Sanctions
  31. Request for Judicial Notice Comment Request for Judicial Notice in Support of Respondent's Motion for Sanctions
  32. Case Management Conference View Document Civil Case Cover Sheet View Document Summons Issued and Filed as to City of Chico View Document Summons Issued and Filed as to Deborah Presson View Document Verified Petition for Writ of Mandate View Document Ex Parte Application for Emergency Protective Order and Order Shortening Time View Document Declaration in Support of Ex Parte Application View Document Declaration Regarding Notice of Ex Parte Application View Document Order on Ex Parte Application View Document Notice of Assignment and Case Management Conference Judicial Officer Candela, Michael P Hearing Time 10:30 AM Cancel Reason Vacated
  33. Opposition - No Fee View Document Petitioners' Opposition to Respondents' Motion for Sanctions Comment Petitioners' Opposition to Respondents' Motion for Sanctions
  34. Declaration View Document Declaration of Anthony in Support of Petitioners' Opposition to Respondents' Motion for Sanctions Comment Declaration of James Anthony in Support of Petitioners' Opposition to Respondents' Motion for Sanctions
  35. Reply View Document Respondents Reply in Support of Motion for Sanctions Pursuant to Code of Civil Procedure Section 128 Comment Respondents Reply in Support of Motion for Sanctions Pursuant to Code of Civil Procedure Section 128.5; Declaration of Eric G Salbert
  36. Motion Hearings - Postdisposition Original Type Motion Hearings - Postdisposition View Document Petitioners' Opposition to Respondents' Motion for Sanctions View Document Declaration of Anthony in Support of Petitioners' Opposition to Respondents' Motion for Sanctions View Document Respondents Reply in Support of Motion for Sanctions Pursuant to Code of Civil Procedure Section 128 View Document Civil Minutes Judicial Officer Candela, Michael P Hearing Time 9:00 AM Result Continuance on Court's Motion Comment Respondents' Motion for Sanctions Parties Present Petitioner Attorney: Anthony, James Michael Petitioner Attorney: Anthony, James Michael Respondent Retained Counsel: Colvin, Roger A Respondent Retained Counsel: Colvin, Roger A
  37. Minute Order View Document Civil Minutes
  38. Motion Hearings - Postdisposition Original Type Motion Hearings - Postdisposition View Document Petitioners' Opposition to Respondents' Motion for Sanctions View Document Declaration of Anthony in Support of Petitioners' Opposition to Respondents' Motion for Sanctions View Document Respondents Reply in Support of Motion for Sanctions Pursuant to Code of Civil Procedure Section 128 View Document Civil Minutes View Document Civil Minutes Judicial Officer Candela, Michael P Hearing Time 9:00 AM Result Held Comment Respondents' Motion for Sanctions Parties Present Petitioner Attorney: Anthony, James Michael Petitioner Attorney: Anthony, James Michael Respondent Retained Counsel: Colvin, Roger A Respondent Retained Counsel: Colvin, Roger A
  39. Tentative Ruling Comment Respondents' motion for Sanctions Pursuant to Code of Civil Procedure Section 128.5 is GRANTED. CCP 128.5: (a) A trial court may order a party, the party's attorney, or both, to pay the reasonable expenses, including attorney's fees, incurred by another party as a result of actions or tactics, made in bad faith, that are frivolous or solely intended to cause unnecessary delay. (b) For purposes of this section: (1) "Actions or tactics" include, but are not limited to, the making or opposing of motions or the filing and service of a complaint, cross-complaint, answer, or other responsive pleading. The mere filing of a complaint without service thereof on an opposing party does not constitute "actions or tactics" for purposes of this section. (2) "Frivolous" means totally and completely without merit or for the sole purpose of harassing an opposing party. As to the "frivolous" requirement, based on Petitioners' own facts attached to the Petition, the Petition was clearly without merit. A review of the Petition shows the Ballot Argument Signature Statement does not comply with Elections Code 9283 and 9287 in that the statement clearly fails to identify the name of the bona fide association. Both sections unequivocally require identification of the bona fide association. There simply is no other reasonable conclusion. Petitioners' contention they reasonably made a good faith argument that they substantially complied with the relevant sections of the Elections Code is without merit. Petitioners cited Myers v. Patterson (1987) 196 Cal.App.3d 130, however Myers does not help Petitioner as Myers defines substantial compliance as actual compliance in respect to the substance essential to every reasonable objective of the statute. (Id. at p. 138) Fundamentally, identifying the association in the papers submitted to the Elections Official is obviously essential to the statute which provides preference to associations. In simple terms, you cannot expect preference as an association if you do not identify the name of the association in the submitted papers. The proposition that the association must be identified in the papers is not subject to reasonable dispute. Regarding the requirement of bad faith, evidence has been presented that Petitioners and Petitioners' counsel were made aware of the City's position on August 29, 2022, both by telephone as well as the City's opposition to the ex parte. In both instances, the City clearly communicated that the Petition was fatally defective due to the failure to identify the name of a bona fide association in violation of Elections Code 9283 and 9287. Petitioner's counsel sent a responsive email back to Respondent's counsel stating, in part: "And I understand that from your plain reading and strict application of the elections code your analysis is that my client failed to meet a requirement in their application which is thus fairly flawed." Despite receiving this information, Petitioners and their counsel chose to continue to pursue their Petition rather than to dismiss it. Again, Petitioner's reading of the statute simply goes beyond any reasonable stretch of statutory interpretation, especially given the case authority they cite which goes against their stated position. Consequently, Petitioners and their counsel's had knowledge of Respondent's clear and undisputable position as well as the clear and undisputable statutory requirement to specifically identify the association as required in the statute. This evidences bad faith on the part of Petitioners and their counsel. Petitioners and their counsel shall pay the City $36,672.63 in attorney fees and costs. The City shall prepare and submit a form of order consistent with this ruling within 2 weeks.
  40. Minute Order View Document Civil Minutes
  41. Order View Document Order After Hearing Judicial Officer Candela, Michael P Comment Order After Hearing
  42. Notice of Entry of Judgment, Order or Ruling View Document Notice of Entry of Order Comment Notice of Entry of Order Granting Respondents' Motion for Sanctions Pursuant to Code of Civil Procedure Section 128.5
  43. Notice of Appeal - Appellate Court View Document Notice of Appeal
  44. Clerk's Notice re Notice of Appeal with Proof of Mailing View Document Clerk's Notice re Notice of Appeal with Proof of Mailing
  45. Appellant's Notice Designating Record on Appeal View Document Appellant's Notice Designating Record on Appeal
  46. Clerk's Notice re Notice of Appeal with Proof of Mailing View Document Clerk's Notice re Notice of Appeal with Proof of Mailing Comment Appellant's Notice Designating Record on Appeal
  47. Change of Address View Document Notice of Change of Address
  48. Order from the Third District Court of Appeal View Document Order from the Third District Court of Appeal Comment Appeal Filed April 25, 2023 is Dismissed
  49. Order from the Third District Court of Appeal View Document Order from the Third District Court of Appeal Comment Appeal Reinstated
  50. Order from the Third District Court of Appeal View Document Order from the Third District Court of Appeal
  51. Request for Estimate of Court Reporter's Transcript View Document Request for Estimate of Court Reporter's Transcript
  52. Court Reporter's Estimate for Transcript on Appeal View Document Court Reporter's Estimate for Transcript on Appeal Comment Returned by Cyndi Duensing
  53. Court Reporter's Estimate for Transcript on Appeal View Document Court Reporter's Estimate for Transcript on Appeal Comment As to Plaintiff/Appellant
  54. Court Reporter's Estimate for Transcript on Appeal View Document Court Reporter's Estimate for Transcript on Appeal Comment As to Defendant/Respondent
  55. Notice to Prepare Court Reporter's Transcript View Document Notice to Prepare Court Reporter's Transcript
  56. Proof of Mailing View Document Proof of Mailing
  57. Returned Mail Comment Remailed 11-14-23 to 2825 Swallowtail Way, Chico CA 95973
  58. Proof of Mailing View Document Proof of Mailing Comment Proof of Mailing Appeal Transcripts
  59. Notice to Prepare Court Reporter's Transcript View Document Notice to Prepare Court Reporter's Transcript
  60. Handling Funds Held in Trust
  61. Proof of Mailing View Document Proof of Mailing
  62. Remittitur View Document Remittitur Comment Affirmed
  63. Judgment View Document Judgment Judicial Officer Candela, Michael P
  64. Proof of Mailing View Document Proof of Mailing

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