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Court Case Record City of Morgan Hill v. Bushey, as Registrar of Voters, etc. et al. H043426 UID(5fa8)


City of Morgan Hill v. Bushey, as Registrar of Voters, etc. et al. Court Case Record

Court Case Number: H043426


 
Case NumberH043426
Case TitleCity of Morgan Hill v. Bushey, as Registrar of Voters, etc. et al.
Case TypeCV
StateCalifornia, CA
CountyAll Counties
CourtAppellate Court
Court Address6th Appellate District
Phone
Field Date
Close Date5/30/2017
Documentpdf

Parties

CounselNameType
Katherine Ann Alberts
Leone & Alberts
2175 N California Blvd Ste 900
Walnut Creek, CA 94596

Donald Alan Larkin
Office of the City Attorney
17575 Peak Avenue
Morgan Hill, CA 95037

City of Morgan HillPlaintiff and Respondent
Danielle Luce Goldstein
Santa Clara County Counsel
70 W. Hedding Street, Floor 9, East Wing
San Jose, CA 95110

Shannon Bushey, as Registrar of Voters, etc.Defendant and Respondent
Scott D. Pinsky
Law Offices of Gary M. Baum
19925 Stevens Creek Blvd., Suite 100
Cupertino, CA 95014

Irma Torrez, as City Clerk, etc.Defendant and Respondent
Asit S Panwala
Law Office of Asit Panwala
4 Embarcadero Center Ste 1400
San Francisco, CA 94111

Jonathan Randall Toch
J. Randall Toch, Attorney at Law
PO Box 66
Morgan Hill, CA 95038

Morgan Hill Hotel CoalitionReal Party in Interest and Appellant
Jolie Houston
Berliner Cohen
Ten Almaden Boulevard, 11th Floor
San Jose, CA 95113-2233

Thomas P. Murphy
Berliner Cohen, LLP
Ten Almaden Boulevard, Suite 1100
San Jose, CA 95113-2233

River Park HospitalityReal Party in Interest and Respondent

Tehal ThandiInterested Entity/Party

Kamal SinghInterested Entity/Party

Steve ChohanInterested Entity/Party
Docket (Register of Actions)
Date Description Notes
04/07/2016 Petition for writ of supersedeas filed.
04/08/2016 Exhibits lodged***************
04/07/2016 Voice Mail message for: appellant's counsel, re submitting exhibits
04/19/2016 Stay order filed. To permit further consideration of the issues raised by the petition for writ of supersedeas, the Santa Clara County Superior Court order filed March 29, 2016 is temporarily stayed in part, as follows. The second part of the order, which directs Irma Torrez, City Clerk of the City of Morgan Hill, to certify Morgan Hill Ordinance No. 2131 as duly adopted and effective immediately, is temporarily stayed. This temporary stay does not apply to the first part of the order, which directs that the Referendum Against Ordinance No. 2131 be removed from the ballot of the June 7, 2016 election and that the Special Municipal Election called by the City of Morgan Hill for June 7, 2016 be cancelled. The Referendum shall not be placed on any ballot until further order of this court. Respondents may serve and file on or before May 4, 2016 points and authorities in opposition to the petition for writ of supersedeas. If respondents file points and authorities in opposition, appellant may reply to the opposition within 10 days after it is filed in this court. (Premo, Acting P.J., Marquez, J., and Grover, J. participated in this decision.)
04/20/2016 Opposition filed. respondent's
04/22/2016 Voice Mail message for: Mr. Panwala re filing corrected petition and exhibits with bookmarks
04/27/2016 Errata filed to: petition for writ
05/04/2016 Opposition filed. Respondent River Park Hospitality
05/04/2016 Certificate of interested entities or persons filed by: River Park Hospitality
05/04/2016 Opposition filed. City of Morgan Hill
05/04/2016 Request for judicial notice filed. City of Morgan Hill
05/05/2016 To court. RJN by City of Morgan Hill
05/17/2016 Returned document for non-conformance. reply & declaration from Morgan Hill (pagination)
05/16/2016 Filed declaration of: in support of Morgan Hill Coalition's reply
05/16/2016 Reply filed to: opposition from Morgan Hill Coalition
05/16/2016 Request for judicial notice filed. in support of Morgan Hill Coalition's reply (tct)
05/18/2016 Received copy of reply, declaration & request for jud. ntc. of Morgan Hill Hotel Coalition
05/25/2016 Issued writ of supersedeas. Respondent City of Morgan Hill's request for judicial notice in support of its opposition to the petition for writ of supersedeas is granted. Appellant Morgan Hill Hotel Coalition's request for judicial notice in support of its petition for writ of supersedeas is granted. The petition for writ of supersedeas in the matter of City of Morgan Hill v. Bushey, et al., H043426, is granted as follows: Let the writ of supersedeas issue to stay, pending this appeal, enforcement of the superior court's March 29, 2016 order directing Irma Torrez, City Clerk of the City of Morgan Hill, to certify Morgan Hill Ordinance No. 2131 as duly adopted and effective immediately. This stay shall remain in effect until final determination of the appeal. The Referendum Against Ordinance No. 2131 shall not be placed on any ballot until further order of this court. The appeal shall be expedited and given calendar preference. Extensions of time for briefing shall not be granted absent an exceptional showing of good cause. (Premo, Acting P.J. and Grover, J. participated in this decision.)
05/31/2016 Email sent to: Rebecca, requesting NOA filed 04/01/16
06/24/2016 Notice of appeal lodged/received. NOA filed on 4/1/16 by Morgan Hill Hotel Coalition re March 30, 16 lower court judgment.
06/24/2016 Appellant 's notice designating record on appeal filed in trial court on: April 11, 2016 a clerk's transcript under rule 8.122 with a reporter's transcript
06/27/2016 Returned document for non-conformance. Appellant's mediation statement, no proof of service
Disposition
Description: Petition summarily granted by order
Date: 05/25/2016
Disposition Type: Partial
Publication Status:
Author:
Participants:
Case Citation: none