COMET’s counsel recently received the California Supreme Court’s written notification that it was denying COMET’s petition, without comment. Readers may remember that COMET’s counsel had asked the high court to order the Fourth District Court of Appeals (aka appellate court), a lower court but higher than the local San Bernardino Superior Court), to review COMET’s petition for writ of mandate, or writ petition, on the merits. The Appellate Court had denied COMET’s writ petition without comment, called a summary denial, so COMET is unaware of the appellate court’s reasons.
The writ petition requested the appellate court to review the decision of Judge Donald Alvarez denying COMET’s request for damages for Redlands’ many annexations of Mentone territory over the years, which Judge Alvarez stated was barred by the statute of limitations – in other words, they had happened two many years ago.
Judge Alvarez’ decision on the issue of damages becomes the “law of the case,” according to COMET’s counsel. “It is a disappointment,” she said, “but not the end of the fight against Redlands’ constant and illegal takeover of territory that does not want to be in Redlands. We will continue to fight the takeovers, as long as we possibly can,” she promised.
Although COMET represents every Mentone resident and property owner that wishes to be included, individuals such as the owners of Tom’s Burgers, are still enabled and welcome to file their own case for damages, she added. Additionally, a fight against any annexation in which Mentonites are given an opportunity to vote – only those covering 150 acres or more – only needs 25% of the residents and/or property owners to trigger an election. If 50% object, the annexation cannot go through, according to state law that governs the actions of the County Local Area Formation COmmission, or LAFCO, also a party to the lawsuit. The difficulty is that every annexation since 1956 has been less than 150 acres and Mentonites have been denied the right to vote whether its territory may be eroded, which has been occurring piece by piece, she concluded.
6 Replies to “SUPREME COURT DENIES COMET’S PETITION FOR REVIEW”
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Judge Alvarez still rocks 4 Mentone ‘cause he ruled against Lewis’ Harmony Specific Plan and the villains running the City of Highland who wanted to bring 3600 homes with more than 10000 new people to overrun Mentone’s rural community lifestyle.
Maybe yes and maybe no. The Greenspot folks were represented by a big-name law firm in San Francisco who the opponents were no match for. In COMET’s case, an old, formerly-retired attorney is up against a big-name law firm with tentacles into every County and some cities and, even though their response to COMET’s Motion for Injunction was written by someone who ignored relevant law, he went along with them.
That was then; this is now. We’ll see. If he signs the request for publication of our amended summons I would hope he doesn’t live in Redlands, because he would be suing himself!
From Mentone matters 25 May 2020 “Although COMET represents every Mentone resident and property owner that wishes to be included, individuals such as the owners of Tom’s Burgers, are still enabled and welcome to file their own case for damages, she added.”
What would it take for individuals to file their own case?
Can we all file in small claims for emotional distress or something that would bug the tar out of the judicial and make them take notice we are not playing and refuse to be pushed around?
Sorry I didn’t see this before you moved away (?), Dennis: all of the cases would be consolidated so not much usefulness in filing a whole bunch of suits. I think they already know we won’t be pushed around. Whether or not we’ll get anywhere remains to be seen.
Anyone can file a Complaint; it’s keeping it in the courts that is the difficulty. As far as small claims, that’s only up to $5,000 the last time I looked and you have to have some evidence to prove it with. And you get a different judge in Small Claims than in the Superior Court. So I would suggest that maybe we raise some money to get an attorney that the court would pay attention to. MM