September 30, 2020 Breaking News, Latest News, and Videos

Court says Sitting Council can Remain During Appeal

California Court of Appeals grants stay in voting rights case.

By Sam Catanzaro

Santa Monica will not have to hold a special election this summer to choose a new council while the city is appealing a decision in a voting rights case.

On Monday, March 18, the California Court of Appeals clarified that current members of Santa Monica City Council can legally serve during the duration of the city’s appeal.

The case, Pico Neighborhood Association, et al. v. City of Santa Monica, filed by plaintiffs Pico Neighborhood Association, Maria Loya and Advocates for Malibu Public Schools alleges that Santa Monica’s at-large election system dilutes Latino voting power in violation of the CVRA and discriminates against Latino voters in violation of the Equal Protection Clause of the California Constitution.

In a ruling released February 15, Los Angeles Superior Court Judge Yvette M. Palazuelos ordered that all future elections for seats on the Santa Monica City Council be based on a seven-district map drawn by an expert for the plaintiffs and that the City hold a special election this summer for all seven seats on the Santa Monica City Council using this new district map. Judge Palazuelos’ ruling prohibited anybody not elected in a district election from serving on City Council beyond August 15, 2019.

On Friday, March 8, attorneys for the City submitted a petition for writ form to the California Court of Appeals requesting a stay on the ruling that bars current council members from serving after August 15. On March 18, the Appeals court granted the city’s request and issued a temporary stay of paragraph 9 of the trial court’s order, the section of the text that barred councilmembers from serving after August 15.

“Good cause appearing, paragraph 9 of the judgment entered on
February 13, 2019 is temporarily stayed pending further order of this court,” reads the order signed by Acting Presiding Justice Elizabeth A. Grimes, Justice Maria E. Stratton, and Justice John Shepard Wiley.

The Court of Appeals further ordered the respondents (Pico Neighborhood Association and Maria Loya) to file their opposition to the City’s petition for a stay by March 21 and the City to file a reply on or before March 25.

In a February media briefing, Theodore J. Boutrous, Jr. from Gibson Dunn & Crutcher LLP, one of the lawyers representing the City, said that the City will be able to draft an appeal brief within four to six months and that the judge will issue a response a few months after the appeal is submitted. It will be at least one year before attorneys can make oral arguments, according to Boutrous.

Related Posts

BREAKING: Santa Monica City Council Approves Miramar Expansion

September 30, 2020

September 30, 2020

Project moves forward by 4-2 vote By Sam Catanzaro Santa Monica City Council has approved plans that have been in...

Santa Monica Walk to End Alzheimer’s

September 29, 2020

September 29, 2020

Alzheimer’s Association encouraging residents to walk in small groups amid COVID-19 The Alzheimer’s Association is inviting Santa Monica residents to...

Lawsuit Filed Against Plaza Development

September 28, 2020

September 28, 2020

Slow-growth group says City is violating Surplus Land Act By Sam Catanzaro A slow-growth group has filed a lawsuit to...

City Of Santa Monica Being Sued Over Proposed Plaza Project: Santa Monica Beat – September, 28, 2020

September 28, 2020

September 28, 2020

Local news and culture in under 5 minutes. * Santa Monica Being Sued Over Proposed Plaza Project. * LA Street...

Santa Monica Police Make Additional Arrests in Looting of REI

September 28, 2020

September 28, 2020

Marques Miles and Misty Jones arrested by Santa Monica Police Department Santa Monica police recently made additional arrests of two...

OpEd: The Miramar Project Will Be a New Architectural Jewel

September 27, 2020

September 27, 2020

The Miramar Hotel has been a central part of Santa Monica’s history and an integral part of the community for...

Edify TV: Trident Center Redevelopment

September 25, 2020

September 25, 2020

The Westside’s Trident Center is getting a major overhaul and new name as part of a flurry of development in...

Miramar Project to go Before City Council Tuesday

September 24, 2020

September 24, 2020

Councilmember Gleam Davis asks City Attorney whether she should rescue self from vote  By Sam Catanzaro  Santa Monica lawmakers will...

SMa.r.t. Column: Needed, A Heart Transplant

September 24, 2020

September 24, 2020

We have written about adaptive reuse in previous columns and have postulated that with proper incentives, the existing one, two...

Edify TV: Boulders Blocking Westside Encampment

September 24, 2020

September 24, 2020

City officials recently removed boulders placed on sidewalks by some Westside residents to prevent the formation of a homeless encampment....

Should Council Member Davis Recuse Herself From Voting? Santa Monica Beat – September, 24, 2020

September 24, 2020

September 24, 2020

Local news and culture in under 5 minutes. * Should Council Member Davis Recuse Herself From Voting? * Increases In...

SMC to Be Online for Winter and Spring 2021

September 24, 2020

September 24, 2020

College cites lack of available vaccine  By Sam Catanzaro Santa Monica College (SMC) has announced it will be delivering classes...

Edify TV: Al Fresco Program Ending?

September 24, 2020

September 24, 2020

During a COVID-19 pandemic many restaurants have found aid through the City of Los Angeles’ Al Fresco dining program, but...

Local Breweries Say They Have Been Unfairly Shuttered as County Passes Grant Program

September 24, 2020

September 24, 2020

$10 million grant program approved by Board of Supervisors  By Sam Catanzaro Will a $10 million grant program be enough...

Santa Monica Loses Vegan Restaurant

September 23, 2020

September 23, 2020

Space housing Santa Monica vegan restaurant Viva Vegan up for lease By Sam Catanzaro A vegan restaurant in Santa Monica...