by cmfd70 » Wed Feb 22, 2012 3:07 pm
San Bernardino Superior Court Hearing
1) Defendant's Motion re: Demurrer - NOT RULED ON
Demurrer Defined: At common law, a demurrer was the pleading through which a defendant would challenge legal sufficiency of a complaint in criminal or civil cases, but today the pleading has been discontinued in many jurisdictions, including the United Kingdom and the U.S. federal court system (though some state jurisdictions, including California and Virginia, retain it).
2) Since the D,F & G New Proposed Regulations only came out last Friday, Judge Alvarez asked both Attorneys to prepare Briefs educating the Court as to exactly what the New Proposed Regulations say and what affect they will have.
3) A new Briefing Date on the Regulations will be held April 30, 2012 at 8:30 a.m. with both sides being heard concurrently.
4) A new hearing on the Motion RE: Preliminary Injunction against SB670 & AB 120 has been set for May 10, 2011.
The hearing will again be held in San Bernardino Superior Court Civil Dept. S32 at 8:30 a.m. The address, once again is:
303 W. Third St.San Bernardino, CA 92415-0210
In Summary, it wasn't a clear-cut victory, but it CERTAINLY was not a defeat. The State again wanted to have the venue moved up to Alameda and Judge Alvarez denied that! Our view is that Judge Alvarez just wants to have ALL the facts before making a ruling that could be further challenged. We feel this is a prudent decision and the new Proposed Dredging Regulations which are totally ludicrous, will only help to strengthen our case!!!
Regards,
Gary Goldberg, Director
Public Relations
Public Lands for the People, Inc.