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Wednesday, May 23, 2007

Proposition R Legal Challenge: Judge Assigned-Court Date Set

May 23, 2007

Proposition R Legal Challenge-Judge Assigned-Court Date Set

WHO: Los Angeles Superior Court Judge David Yaffe

WHAT: Proposition R- Superior Court hearing set for Dept 86.

WHEN: The hearing date is set for June 7, 2007, 9:30 AM.

WHERE: Stanley Mosk Court House 111 No. Hill St. Los Angeles, CA 90012. Dept 86

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Los Angeles,

Proposition R, the controversial proposition which extended the term limits for Los Angeles City Council members was set to be heard by Judge Dzintra Janavs on April 11th, 2007.

Prior to the hearing date, Deputy City Attorney Heather E. Davis representing the City of Los Angeles filed a Motion for Peremptory Disqualification. The declaration of Heather E. Davis stated :

“ The Honorable Dizintra Janavs, the judge to whom proceedings in this action are assigned, is prejudiced against Respondent City of Los Angeles and Real Party in Interest Los Angeles City Council or the interest of Respondent City of Los Angeles and Real Party in Interest Los Angeles City Council so that Respondent City of Los Angeles and Real Party in Interest Los Angeles City Council cannot have a fair and impartial hearing before the Judge”.

It was Judge Dzintra Janavs who had ruled against the Mayor of Los Angeles in the case involving AB 1381 -- the legislation concerning Villaraigosa's attempted take over of the Los Angeles Unified School District.

The motion was granted and the case has been assigned to Judge David Yaffe in Department 86.

Judge Yaffe recently ruled against the Los Angeles political leadership, barring the city from enforcing a new ordinance that would have extended the city's "living wage" protections to workers at hotels near Los Angeles International Airport.

Superior Court Judge David P. Yaffe went far beyond merely blocking a law that had been considered a point of pride for the city's powerful labor interests.

As a practical matter, Yaffe dealt a political defeat to the City Council, Mayor Antonio Villaraigosa and the union that championed the law.

With only fifteen days until the hearing, the stage is being set for another political show down.

Petitioners David Hernandez and Ted Hayes are steadfast in their pursuit of justice for the residents of Los Angeles.

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3 Comments:

Blogger Walter Moore said:

Plaintiffs will prevail, just as the previous plaintiffs prevailed before Judge O'Brien in the Fall.

Too bad the previous plaintiffs opted to drop the case on appeal. This could have been wrapped up by now.

May 23, 2007 3:53 PM  

Anonymous Anonymous said:

Best of luck to David and Ted. Thanks for standing up for the people. You know council has to be nervous. They deserve their sorry butts to be thrown out of there. The city must really be nervous otherwise they wouldn't asked for another judge. But the law is the law and Prop R is unconstitutional.

May 23, 2007 4:28 PM  

Anonymous Anonymous said:

The woman judge has over ruled the City in too many actions for AV to be comfitable...so they had a change of judge. Yaffe is no dope. He knows why he was selected. Now we shall see what he does.

May 23, 2007 6:04 PM  

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