Did the Calaveras Enterprise make a horrible mistake or were they, by their incompetent performance, seeking to disqualify a county citizens group from legal redress?
A West Point citizens group sued a county fire district over newly imposed illegal taxes.
Luckily the case was finalized last week, in favor of the citizens, no thanks to the Calaveras Enterprise. This case was almost thrown out on a technicality, pointed out directly by the court as an error on the part of the Calaveras Enterprise. If the case had been thrown out there would have been many unfortunate consequences, not the least of which would have been the edict to pay the defendant’s legal fees estimated at $104,000.
Court of Appeal, Third District, California.
CONCERNED CITIZENS FOR RESPONSIBLE GOVERNMENT et al., Plaintiffs
v.
WEST POINT FIRE PROTECTION DISTRICT et al., Defendants
No. C061110. Filed 6/29/11.
1. Statute of Limitations.
Section 860 gives a public agency 60 days from the date on which it takes governmental action to file a lawsuit to validate its action.
FN4. Section 860 provides: “A public agency may upon the existence of any matter which under any other law is authorized to be determined pursuant to this chapter, and for 60 days thereafter, bring an action in the superior court of the county in which the principal office of the public agency is located to determine the validity of such matter.
2. Publication of Summons.
*5 As we have recounted in the Procedural History (pp. 5–6, ante ), Concerned Citizens went through three rounds of service of summons by publication, before finally completing valid service on December 14.
While admitting that Concerned Citizens properly published summons on the third attempt, the District nevertheless argues that because publication was defective on the first two attempts, the action should have been dismissed.
As the District acknowledges, section 863 provides that if proper publication by summons is not effected within 60 days, “the action shall be forthwith dismissed on the motion of the public agency unless good cause for such failure is shown by the interested person.” (Italics added.)
The record shows that the first series of publications was defective because the newspaper in which publication occurred—the Calaveras Enterprise—published the wrong form of summons. This mistake was not the fault of counsel. Counsel had provided the correct summons, but the Enterprise staff substituted its own language, suitable for use when publication serves notice to an individual who is otherwise unamenable to service.
The owner and proprietor of the Calaveras Enterprise (Ralph Aldridge) is an attorney, so it is said. What kind of law in particular, if any, that he practices is not certain.
There are those who question the newspaper’s ability to perform professionally, however this may be a case of “Malfeasance” or sabotage to sink the legal standing of a citizen’s group who brought a grievance against a local governmental agency.
Is Mr. Aldridge the captain of his ship and able to use his law degree to ensure competence in legal postings, or is this an attempt to subvert the legal compliance necessary for this citizen’s group to realize their right to redress under the available laws?
Since the Enterprise is currently engaged in what attorneys say is an illegal contract with the county right now, which I objected to and voted against, it doesn’t surprise me that there are many other chinks in the armor of their professional facade.
Thanks for all your continued support as I continue to pursue solutions to our local governmental problems, exposing incompetence and or corruption particularly when it is blatant or costly to the taxpayers.
In your service, Darren Spellman
Calaveras West Blog 