stipulated agreement to continue order as preliminary injunctive relief
DESCRIPTION
The City of SJC agreed to stipulate to the court's order that the Community Common Sense be restored to City property pending the outcome of the trial. Trial date is not yet set.TRANSCRIPT
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130/028428-0022
6631160.1 a01/31/14
-1-
STIPULATION AND AGREEMENT RE PRELIMINARY INJUNCTION;
AND ORDER
Rutan & Tucker LLP attorneys at law
RUTAN & TUCKER, LLP Philip D. Kohn (State Bar No. 90158) [email protected] Ann Levin (State Bar No. 286932) [email protected] 611 Anton Boulevard, Fourteenth Floor Costa Mesa, California 92626-1931 Telephone: (714) 641-5100 Facsimile: (714) 546-9035 Attorneys for Defendants CITY OF SAN JUAN CAPISTRANO, SAM ALLEVATO, LARRY KRAMER, JOHN TAYLOR, and HANS VAN LIGTEN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE CENTER
COMMONSENSE.COM, LLC, a California Limited Liability Company,
Plaintiff, v.
CITY OF SAN JUAN CAPISTRANO, a Public Agency of the State of California; SAM ALLEVATO, in his official capacity as San Juan Capistrano City Councilman; LARRY KRAMER, in his official capacity as San Juan Capistrano City Councilman; JOHN TAYLOR, in his official capacity as San Juan Capistrano City Councilman; HANS VAN LIGTEN, in his official capacity as San Juan Capistrano City Attorney; Does 1 through 50, inclusive,
Defendants.
Case No. 30-2013-00688382-CU-WM-CJC ASSIGNED FOR ALL PURPOSES TO JUDGE JAMES DI CESARE DEPARTMENT C16 STIPULATION OF COUNSEL TO CONTINUATION OF ORDER AS PRELIMINARY INJUNCTION; AND [proposed] ORDER Hearing on OSC re Preliminary Injunction: Date: February 27. 2014 Time: 1:30 p.m. Dept: C16 Date Action Filed: November 18, 2013 Trial Date: not set
TO THE HONORABLE COURT:
Plaintiff Commonsense.com, LLC and Defendants City of San Juan Capistrano, Sam
Allevato, Larry Kramer, John Taylor and Hans Van Ligten, by and through their respective
counsel of record, stipulate and agree that the Court may enter the Order set forth below.
This stipulation and agreement is based on the following recitals:
1. On December 11 and December 19, 2013, the Court heard Plaintiff’s Ex Parte
Application for a Temporary Restraining Order and Order to Show Cause Re:
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130/028428-0022
6631160.1 a01/31/14
-2-
STIPULATION AND AGREEMENT RE PRELIMINARY INJUNCTION;
AND ORDER
Rutan & Tucker LLP attorneys at law
Preliminary Injunction.
2. On December 19, 2013, the Court entered an Order on Commonsense.com, LLC’s Ex
Parte Application for a Temporary Restraining Order and Order to Show Cause Re:
Preliminary Injunction (the “Order”) in accordance with the stipulation and agreement
of the parties.
3. The Order, among other things, set a hearing on February 27, 2104 to determine
whether a preliminary injunction should be issued and established a briefing schedule
for related papers. The Order further recited that “Plaintiff and Defendant [City of San
Juan Capistrano] have agreed to an order that Plaintiff may place and use newsracks at
the locations at City Hall and the Community Center depicted on the photographs
attached hereto as Exhibits A and B (although the newsrack shown on Exhibit A shall
be relocated to the area occupied by the trash receptacle when the latter is relocated.
[Footnote omitted.] In addition, Plaintiff may place up to 10 copies of its publication
within the seniors reading room at the Community Center.” The Court adopted this
agreement as its order.
4. Subsequent to the Order, Plaintiffs’ newsracks were placed in the identified locations.
5. To conserve the resources of the parties and the Court, and to promote an expedited
resolution of the matters in dispute, either on the merits or by way of settlement, the
parties agree that the terms of the Order shall continue in force and effect as a
preliminary injunction during the pendency of this action unless modified or terminated
by the Court or by the further agreement of the parties.
Dated: February ___, 2014 RUTAN & TUCKER, LLP
By: //s//
Philip D. Kohn Attorneys for Defendants CITY OF SAN JUAN CAPISTRANO, SAM ALLEVATO, LARRY KRAMER, JOHN TAYLOR, and HANS VAN LIGTEN
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130/028428-0022
6631160.1 a01/31/14
-3-
STIPULATION AND AGREEMENT RE PRELIMINARY INJUNCTION;
AND ORDER
Rutan & Tucker LLP attorneys at law
Dated: February ___, 2014 OSTENDORF TATE BARNETT, LLP
By: //s//
Wayne P. Tate Attorneys for Plaintiff COMMONSENSE.COM, LLC
O R D E R
Having reviewed and considered the foregoing stipulation and agreement of the parties, and
good cause appearing therefor,
IT IS HEREBY ORDERED that the terms of the terms of the Court’s Order on
Commonsense.com, LLC’s Ex Parte Application for a Temporary Restraining Order and Order to
Show Cause Re: Preliminary Injunction, entered on December 19, 2013, shall continue in force
and effect as a preliminary injunction during the pendency of this action unless modified or
terminated by the Court or by the further agreement of the parties.
IT IS HEREBY FURTHER ORDERED that the hearing on the Order to Show Cause Re:
Preliminary Injunction set for February 27, 2014 shall be vacated and taken off calendar.
DATED: Hon. James Di Cesare Judge of the Superior Court