Palo Mobile Estates Associates v. City of East Palo Alto

Filing 42

STIPULATION AND ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE re 41 Stipulation filed by City of East Palo Alto. Signed by Judge Phyllis J. Hamilton on 8/27/09. (nah, COURT STAFF) (Filed on 8/27/2009)

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1299 OCEAN AVENUE, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1000 TEL [phone] · FAX [phone]

RICHARD H. CLOSE (Bar No. 50298) [e-mail] THOMAS W. CASPARIAN (Bar No. 169763) [e-mail] YEN N. HOPE (Bar No. 233880) [e-mail] GILCHRIST & RUTTER Professional Corporation Wilshire Palisades Building 1299 Ocean Avenue, Suite 900 Santa Monica, California 90401-1000 Telephone: [phone] Facsimile: [phone] Attorneys for Plaintiff Palo Mobile Estates Associates UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA PALO MOBILE ESTATES ASSOCIATES, a California limited partnership, Plaintiff, vs. CITY OF EAST PALO ALTO, a municipal corporation; DOES 1 through 10, inclusive, Defendants. CASE NO: C 07-03601 PJH

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GILCHRIST & RUTTER

PROFESSIONAL CORPORATION

LAW OFFICES

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER

Superior Court Action Filed: June 12, 2007 Removed to Federal Court: July 12, 2007 Trial Date: None Set

STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER ­ C07-03601 PJH

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1299 OCEAN AVENUE, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1000 TEL [phone] · FAX [phone]

WHEREAS, the Court has stayed this matter at the request of both parties pending the outcome of the concurrent petition for a writ of mandate in the San Mateo County Superior Court ("Case No. CIV 467731"); WHEREAS, whereas Case No. CIV 467731 sought a writ compelling the City of East Palo Alto ("City") to vacate Ordinance No. 305, which imposed certain conditions on mobilehome park conversions from rental-only facilities to resident ownership pursuant to Government Code section 66427.5 within the City; WHEREAS, the San Mateo County Superior Court entered a writ in Case No. CIV 467731 on June 24, 2008 ("Writ"); WHEREAS, this action seeks damages related to the City's adoption of Ordinance No. 305 and its effect on plaintiff Palo Mobile Estates Associates' ("PME") application to convert its mobilehome park from a rental-only facility to resident ownership pursuant to Government Code section 66427.5 ("Application"); WHEREAS, this Court continued the Case Management Conference set for March 19, 2009 to September 3, 2009 to allow the parties to receive a final determination on PME's Application, as the City's decision on PME's Application could drastically affect the scope of this action; WHEREAS, final approval on the Application first requires the City's approval of PME's tentative tract map, followed by the City's approval of PME's final map; WHEREAS, on January 27, 2009, the City, through its City Council, voted to approve PME's tentative tract map; WHEREAS, the City, through its City Council, has not yet approved PME's final map but is expected to do so within the next six (6) months, thereby conferring final approval on the Application; WHEREAS, PME may dismiss this action pending approval of the final map. // // //
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GILCHRIST & RUTTER

PROFESSIONAL CORPORATION

LAW OFFICES

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER ­ C07-03601 PJH

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1299 OCEAN AVENUE, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1000 TEL [phone] · FAX [phone]

ACCORDINGLY, IT IS HEREBY STIPULATED by PME and the City, by and through their respective counsel, that: This Court continue the stay in this action and continue the Case Management Conference 2010 to March 4, 2009.

DATED: August 25, 2009

GILCHRIST & RUTTER Professional Corporation

By:

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[170564_1.DOC/091008/4604.001]

/s/ Thomas W. Casparian Thomas W. Casparian Attorneys for Plaintiff Palo Mobile Estates Associates

GILCHRIST & RUTTER

DATED: August 25, 2009

JARVIS, FAY, DOPORTO & GIBSON, LLP

PROFESSIONAL CORPORATION

LAW OFFICES

By:

/s/ Benjamin P. Fay Benjamin P. Fay Attorneys for Defendant CITY OF EAST PALO ALTO

ORDER PURSUANT TO STIPULATION, IT IS SO ORDERED.

DATED: 8/27/09

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER ­ C07-03601 PJH

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______________________________ Honorable PhyllisORDERED J. Hamilton Judge,IUnited States District Court T IS SO

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1299 OCEAN AVENUE, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1000 TEL [phone] · FAX [phone]

PROOF OF SERVICE I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is 1299 Ocean Avenue, Suite 900, Santa Monica, California 90401-1000. On August 25, 2009, I served the within documents: STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE [PROPOSED] ORDER by transmitting the document(s) listed above via facsimile from sending facsimile machine number to the fax number(s) set forth below on this date before 5:00 p.m. and receiving confirmed transmission reports indicating that the document(s) were successfully transmitted. by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Santa Monica, California, addressed as set forth below. by causing overnight delivery by of the document(s) listed above to the person(s) at the address(es) set forth below. by causing personal delivery by of the document(s) listed above to the person(s) at the address(es) set forth below. by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below.

[X]

[] []

11 12 13 14 15 16 17 18 19 [] 20 21 22 Executed on August 25, 2009 at Santa Monica, California. 23 24 /s/ 25 26 27 28
[170564_1.DOC/091008/4604.001]

GILCHRIST & RUTTER

PROFESSIONAL CORPORATION

LAW OFFICES

[]

SEE ATTACHED SERVICE LIST I am readily familiar with the firm's practice for the collection and processing of correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made.

[X]

M.L. Glenn M.L. Glenn

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER ­ C07-03601 PJH

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1299 OCEAN AVENUE, SUITE 900 SANTA MONICA, CALIFORNIA 90401-1000 TEL [phone] · FAX [phone]

SERVICE LIST

Valerie Armento, Esq. City Attorney Office of the City Attorney City of East Palo Alto 2415 University Avenue East Palo Alto, CA 94303 Benjamin P. Fay, Esq. Rick W. Jarvis, Esq. Jarvis, Fay, Doporto & Gibson, LLP 475 - 14th Street, Suite 260 Oakland, CA 94612

Attorneys for Defendant City of East Palo Alto

Attorneys for Defendant City of East Palo Alto

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[170564_1.DOC/091008/4604.001]

GILCHRIST & RUTTER

PROFESSIONAL CORPORATION

LAW OFFICES

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STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE; [PROPOSED] ORDER ­ C07-03601 PJH