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Class Actions Additional
info
about appeal decisions in California is on this page.
Oct.
2010:
Class Action Filed Against City of Santa
Ana On Oct. 12,
2010 a class action was filed about Santa
Ana's failure to issue warning tickets.
Aug.
2010: Class Action Filed Against
RedFlex and ATS On Aug. 19,
2010 a class action was filed about
contingency ("cost-neutral") contracts. MRCA - Class Actions,
Appellate Court Decision In 2010 two class actions were filed
about the stop sign camera tickets issued by the
Mountains Recreation & Conservation Authority, and
in 2011 and July 2015 there were decisions by the
appellate courts.
In 2010 a RICO case was filed
regarding speeding tickets throughout the State.
2004 - 2010: In
re: Red Light Photo Enforcement Cases (Review
Dismissed) On Jan. 7, 2004 the San Diego court
announced a proposed partial settlement of the
Coordinated Class Action suit mentioned in the article
below. The partial settlement applied to tickets
issued in 1996, 1997, and 1998, in fourteen
cities. For a copy of the court's announcement,
click on: Announcement
and Claim Form. Final (Lower Court)
Decision in Coordinated Class Action Suit - and
Appeal Decision In April 2006 the San
Diego Superior Court handed down its final decision in
the coordinated class action suit, and the headline
for a widely disseminated article
about the decision said, ominously, "Red-light
Operating Contracts Ruled Legal." (San Diego
Union Tribune, April 18, 2006.) In June 2008 an appeals
court decision
upheld the lower court's decision - and there were
more articles giving the same over-simplified
message. (Later, the case moved to the
California Supreme Court, which as of Jan. 2011 still
had the issue of publication before it. See
below.) The Coordinated
Class Action In the California Supreme Court Starting July 23, 2008
the Coordinated Class Action was on hold at the California
Supreme Court (Case S165425), until review was
dismissed in Nov. 2010 (see more details about that
action, below). The Court's summary of the
issues was: Petition for review
after the Court of Appeal affirmed the judgment in a
civil action. The court ordered briefing
deferred pending decision in County of Santa
Clara v. Superior Court (S163681), which presents
the following issue: The County of Santa
Clara, along with other government entities, is suing
manufacturers of lead paint. The paint
manufacturers have responded by filing a motion
objecting to the government's pay-for-performance
(contingent) arrangement with its lawyers. The Court of Appeal's decision, if not
overturned by the Supreme Court, will enable private
attorneys with a profit motive to prosecute public
claims under the police power of the state.
The Supreme Court's decision will be of
extraordinary significance given the increasing use
of the public nuisance theory. The Court of
Appeal's decision facilitates this trend by enabling
local governments, so long as they profess to retain
control of decision-making, to enlist private
attorneys on a contingent fee basis to prosecute the
government's public nuisance claims in exchange for
a share of the "profits" the attorneys can generate
from these suits. In Los Angeles:
Here is the City of Los Angeles' reaction
to the Coordinated Class Action suit. In Fairfield:
According to a March 2009 article in the Daily
Republic: In Upland: On Mar.
9, 2009, the city council voted to shut the system
down. Ticketing was to cease by June 15.
In the memo
recommending that the cameras be removed, the police
chief wrote: In Turlock:
According to an article in the May 13, 2009 Turlock
Journal, Interim City Manager Gary Hampton said: Dismissal of Review On Nov. 17, 2010, the
Supreme Court dismissed review, under court Rule
8.528(b)(1). That Rule also says that after an
order dismissing review, the Court of Appeal opinion
remains unpublished unless the Supreme Court orders
otherwise. In Dec. 2010 Redflex petitioned for
publication. More Class Actions? I can suggest some other class
actions. There is Loma Linda, which issued
approx. 4000 tickets during a time their yellow lights
were too short.
History: A General Article from 2003
Additional
info
about appeal decisions in California is on this page.
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