C.O.M.E.T. (Community of Mentone Empowered Together") appeared in Department S -23 of the San Bernardino on January 15, 2021 at the hearing on Demurrers filed by Defendants City of Redlands and San Bernardino Local Area Formation Commission (“LAFCO”). "The demurrers challenge the sufficiency of C.O.M.E.T.’s Second Amended Complaint in writing filed with the court. In other words, they are trying to get the case thrown out of court,” stated C.O.M.E.T.’s counsel for the case. “LAFCO’s demurrer is identical to the City’s, and both defendants are represented by the same law firm: Best, Best & Krieger,” even though I believe they have very different positions and roles,” she continued. “I pointed out what I consider the wrongful enmeshment of the two agencies.”
“The demurrer document argues that C.O.M.E.T. fails to state facts sufficient to constitute a cause of action, on each of the eight causes of action,” C.O.M.E.T.’s counsel continued, “That means that not all of the ‘elements,’ or requirements, of each cause of action doesn’t have enough facts stated in them. However, I was careful to allege facts for each. The bottom line of what the Defendants have argued is that C.O.M.E.T. is ‘out of time’ because it didn’t sue within 60 days of each of the annexations.
“The judge’s several pages of notes that he referred to in the hearing indicated that he had read at least some of the documents but he asked counsel for each party to state the most important issues but not to re-argue the entire case. Redlands’ counsel stated that C.O.M.E.T. did not possess standing - "the 'right to sue'," she continued. C.O.M.E.T.’s counsel countered with the fact that the annexation “agreement” is binding on all “successors in interest,” such as homeowners or business owners that purchase from the developers, who would be required to comply with the annexation "Agreements." C.O.M.E.T., representing all residents and property owners, thus steps into the developers’ shoes, its counsel argued.
Redlands next argued that C.O.M.E.T. was “not injured” by the forced annexations into Redlands’ city limits. C.O.M.E.T.’s counsel countered that Mentone has lost a lot of territory so it has definitely been injured. Redlands also argued that the “reverse validation” action was too late, going back to 1956. “This was Mentone territory going up Wabash, across the top of Mentone and way out Mill Creek; the newspaper at the time called it Redlands' ‘East Lugonia’ annexation,” says C.O.M.E.T.’s counsel. She countered that Mentonites would have to know of the annexations before challenging them. Redlands also mentioned “excusable neglect” as a means of relief from the statute prohibiting C.O.M.E.T.’s case but C.O.M.E.T. argued that it would not be locked into that one of four possible methods of relief from late claims, with “surprise” being more applicable. Redlands’ last argument was that C.O.M.E.T. had not complied with the claims process before filing suit. C.O.M.E.T. countered that it had complied with the claims process.
LAFCO was then invited to argue under the same terms: it argued that C.O.M.E.T. had not complied with the claims process; C.O.M.E.T. replied that it was not aware that LAFCO had a claims process. “This is the first time LAFCO has raised that question; it actually just adopted Redlands’ position and it’s likely LAFCOs counsel was confused,” said C.O.M.E.T.’s counsel. LAFCO also argued that it was not a party to the annexation “Agreements,” that the Reverse Validation cause of action was untimely and the “when and how” of the complained-of events were not given. C.O.M.E.T. countered that LAFCO approved the wrongful “Agreements,” that the “timeliness” was already explained and that the Second Amended Complaint, which the Demurrers challenge, contained the “why and how.”
The Honorable Donald Alvarez stated he would issue a written decision. “Judges do that in complicated cases such as ours and also when they don’t want counsel arguing against their decision when it is announced in the hearing,” C.O.M.E.T.’s counsel concluded.
Readers wishing to view the actual documents are invited to ask mentonematters@aol.com and the actual documents will be forwarded to them by e-mail.
MM
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