Lawsuit Hearing Updates

So, what does all this mean to the City of Whittier?

The City of Whittier is now in a very bad place.  They are faced with multiple lawsuits that can occur one after another to include the Sate Attorney General.  If one lawsuit wins then it is all over.  If not, then a second lawsuit by MRCA will follow.  The State Attorney General can be a part of that suit.  If the State chooses to file its own lawsuit and the first two lawsuits fail then the City will now have to go up against the State Attorney General.

Excerpts from the WDN article on the Lawsuit June 7, 2012.

When asked if they were interested in a cash settlement to drop their lawsuits, Mark Allen, co-counsel for the Whittier residents' group, said flatly, "no." Allen said he is working with the MRCA to strengthen their cases.

When Markman referenced a possible motion to dismiss all the suits, known as a summary judgment, Jones laughed and said: "Are you smoking something?"

Also, Jones said in court that the Open Space attorneys may have been looking for credibility from the state Attorney General, but it wasn't necessary. "These plaintiffs are scary enough," said the judge.

"We are confident. Our case is strong. And we are competent to handle the case," said Geralyn Skapik, attorney for the Open Space group.

Click here for the Article

Court Update for June 6, 2012

The court heard Matrix and City’s demurrer to the Complaint OSLDF filed challenging the City’s CEQA action.  A demur is effectively a request that the court dismiss the CEQA action.  This request was denied.  OLDF’s CEQA complaint is alive and well.

The court also heard a motion by the Attorney General to join in OSLDF’s complaint, which provides certain efficiencies for the Attorney General’s Office.  This motion was denied, but the denial does not have an adverse impact on the Attorney General in bringing its own separate action.   The court’s ruling provides certain efficiencies for the court in not having to hear OSLDF, MRCA and SMMC each try a case on the same legal theory.  Accordingly the court denied the Attorney General’s motion without prejudice, which means the motion may be re-filed and reconsidered if OSLDF, MRCA and SMMC can decide on which agency will take the case forward for the others.  If agreement cannot be reached, OSLDF’s case would be the first to move forward.  If OSLDF wins, then MRCA and SMMC cases need not be heard.  If OSLDF loses the case, then the other agency trials would follow in the order that the cases were filed.

The parties will either agree on a lead attorney or the state will file a separate action.  Either way, the Attorney General’s intention to bring its own action is not good news for the City of Whittier.   In response to James L. Markman (Whittier’s latest attorney), stating that Whittier will be filing a motion for summary judgment (a form of dismissal), the Honorable Ann Jones politely asked Mr. Markman what he was smoking.

Great Article by the Whittier Daily News about the Oil Project.

Environmental groups, state conservancies say Whittier oil project could open other preserves to oil drilling

Click below for article

Article on California's Attorney General joining the lawsuit against Whittier's Oil Project.  May 15, 2012 

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California's Attorney General getting involved in Lawsuit against the City of Whittier over the Oil Project.

May 14, 2012

 See documents below

California's Attorney General Sends a Letter to the Whittier City Council regarding

the Oil Project. 

May 8, 2012