HomeMy WebLinkAbout2002-12-03; City Council; 16989; Reporting Terms and Conditions of SettlementCITY OF CARLSBAD - AGENDA BILL
AB# 16,989
DEPT. CA
CITY LA COSTA CITIZENS FOR BETTER CITY PLANNING V. CITY MTG. 12/03/02
DEPT. HD. TITLE: REPORTING OUT THE TERMS AND CONDITIONS OF
CITY MG
THE SETTLEMENT AS REQUIRED BY THE BROWN ACT IN
OF CARLSBAD, CASE NO. GIN022746
RECOMMENDED ACTION:
There is no action the Council needs to take.
ITEM EXPLANATION:
At its closed session of September IO, 2002, the City Council discussed and approved [3-1
(Lewis) -1 (Nygaard absent)] a proposed settlement of the above referenced case subject to
approval by all parties and the court. The parties have now settled this lawsuit and it has been
dismissed. This item satisfies the Brown Act requirement to report the fact of a settlement of
litigation approved in a prior closed session, and makes the terms and conditions of the
settlement available to the public.
The Stipulation to Dismiss Action With Prejudice and Order Thereon (attached) is provided for
public review.
FISCAL IMPACT:
The City was reimbursed for its litigation expenses in the amount of $4,159 on November 5,
2002.
EXHIBITS:
Stipulation to Dismiss Action With Prejudice and Order Thereon
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
LA COSTA CITIZENS FOR BETTER CITY ) ?LANNING, an unincorporated association, )
Petitioner and Plaintiff,
vs . 1
) )
) Respondents and Defendants, )
md 1
IOVE FAMILY HOUSING ASSOCIATES, ) ,P, a California Limited Partnership; MERCY ) HOUSING CALIFORNIA, a California :orporation; COMMUNITY HOUSING OF ) VORTH COUNTY, a California corporation; ) 3EAL ESTATE COLLATERAL MAN,4rEMENT COMPL41'W', DK., a 3alifornia corporation; and DOES 21-40, ) hclusive, 1
Real Parties in Interest. )
ZITY OF CARLSBAD and DOES 1-20, nclusive,
)
1 1
1
Case No: GIN 022746
STIPULATION TO DISMISS ACTION WITH PREJUDICE; ORDER THEREON
The Honorable Michael M. Anello Department 26
Action Filed: July 22,2002 Trial Date: None Set
i
The parties hereto, by and through their attorneys of record, hereby stipulate and agree as follows:
1. The petition for writ of mandate and complaint for declaratory and injunctive relief filed bq
'etitioner, La Costa Citizens for Better City Planning, is and hereby shall be dismissed with prejudice.
TIPl"l.WPD -1-
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3. Real Parties and the City on the one hand, and Petitioners on the other hand, waive anc
release any claims they now have or may have against each other, their employees, agents, attorneys.
members and supporters, arising out of or relating to the allegations in the petitipn filed in this action.
DATED: September 9,2002 JOHNSON & CROSS, LLP
By: I
,&ed Phil Hanson Attorneys for CITIZENS
DATED: September 9,2002 CITY OF CARLSBAD
By: W& M"W Ronald R. Ball Attorneys for CITY OF CARLSBAD
DATED: September 9,2002 LUCE FORWARD HAMILTON & SCRIPPS, LP Ronald W. Rouse Jeffrey A. Chine
KATTEN MSJCHIN ZAVIS ROSENMAN Stuart M. Richter
By: Stuart M. Richter Attorneys for Real Parties in Interest DOVE FAMILY HOUSING ASSOCIATES, LP; MERCY HOUSING CALIFORNIA, COMMUNITY HOUSING OF NORTH COUNTY; REAL ESTATE COLLATERAL MANAGEMENT COMPANY and MORROW DEVELOPMENT, INC.
STIPUL-1 .WPD -2- S~UIA~ON TO DIMS ~m@ -
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ORDER
GOOD CAUSE APPEARING THEREFOR, IT IS SO ORDERED. /
DATED: ."
dge Michael M. hello
iTIP.LAC -3 - STIPULATION TO DIShlrsS ACTION