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If you haven't already done so, please read Defect # 10 - B on the
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Added 6-3-11

2011 Appeals Decision - People (Napa) v. Daugherty

This case is an example of a foundational defense (see Defect # 10 - B on the Home page).

This is the first published Appellate Division decision, anywhere in California, regarding the legality of a cost-neutral contract.

  The general issue of which decisions get published, and which don't, is under study.  See for more information.

Click on these links for the documents in the Daugherty appeal (chronological order):

Appellate Division's Decision
City's Petition for Rehearing
Order Granting Rehearing (re-set for Aug. 9)
RedFlex' Opposition to Publication (Struck from Record)
City's Brief Submitted for Rehearing
Appellant's Brief for Rehearing
Decision after Rehearing
Article (Napa Register, 8-18-11)
Article:  Judge Orders 500 Cases Dismissed (Napa Register, 10-8-11)
In 2014 Daugherty was cited in some cases in Florida:
May 2014 Order in Adams Case (Consolidated)
June 2014 Order in Hewson Case
July 2014 Motion in Reed Case

This federal case Todd v. City of Auburn which was mentioned in one of the briefs linked above, says that cost neutrality found in some cities in the State of Washington is OK because it altered the timing of the payment but did not limit the amount.  Keep in mind it says that it's not for publication and is not precedent.

More info is available on the Napa Documents page, here at

These materials may be freely copied and distributed, so long as credit is given to .

Many other cases and /or transcripts are available - see the Library of Transcripts, Briefs, and Court Decisions.

For more details about Napa, see Napa's entry on the Camera Towns page.