CLERK'S CERTIFICATE OF SERVICE BY MAIL

Transcription

1 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO Central 330 West Broadway San Diego, CA SHORT TITLE: San Diego Tourism Marketing District Corporation v Robert Earl Fiber {Imaged] CLERK'S CERTIFICATE OF SERVICE BY MAIL CASE NUMBER: CUMM-CTL I certify that I am not a party to this cause. I certify that a true copy of the attached minute order was mailed following standard court practices in a sealed envelope with postage fully prepaid, addressed as indicated below. The mailing and this certification occurred at San Diego, California, on 03/07/2013. Or lionat6quiltae;:, Clerk of the Court, by: L,, Deputy DAVID J RUDERMAN PLEASANT VALLEY ROAD PENN VALLEY, CA JAN I GOLDSMITH MEKAELA M GLADDEN 99 EAST C STREET, SUITE 111 CORY BRIGGS 99 EAST C STREET, SUITE 111 KATHY J STEINMAN 1200 THIRD AVENUE # 1100 ANDREW JONES CRAIG SHERMAN ST AVENUE # Additionalnamesandaddressattached. CLERK'S CERTIFICATE OF SERVICE BY MAIL Page

2 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL MINUTE ORDER T I M E : 09:38:00 AM JUDICIAL OFFICER PRESIDING: Timothy W. Tower CLERK: Lisa Von Nordheim REPORTER/ERM: Not Reported BAILIFF/COURT ATTENDANT: CASE NO: CU-WM-CTL CASE INITDATE: 02/22/2013 CASE TITLE: San Diego Tourism Marketing District Corporation v Robert Earl Filner [Imaged] CASE CATEGORY: Civil - Unlimited CASE TYPE: Writ of Mandate APPEARANCES San Diego TMD Corp. v. Hiner, Case No Within hours of the court's first hearing on this matter, on March 5, 2013, a blogger affiliated with the San Diego Reader published the first of two stories touching upon this case. Both stories came to the court's attention on the afternoon of March 6. Ordinarily, disclosures such as this one are to be made on the record in open court. However, the budget cuts imposed on the courts over the past several years forced the San Diego Superior Court in late 2012 to lay off court reporters formerly assigned to civil departments. No party brought a pro tern court reporter to the March 5 hearing, and there is no assurance the parties will do so at the next The Reader articles contain several errors and omissions. The first article suggested the undersigned and his spouse of 26 years are "GOP leaning." In fact, the undersigned has been registered "decline to state" for many years, and Chief Bankruptcy Judge Taylor has been a registered Democrat her entire adult life. The same article stated the undersigned had, in April of 2012, "tossed" an action involving a Walmart being built at the site of the old farmer's market/egg cooperative in Logan Heights. In fact, the subject case (No ) was before the court as recently as last week; following that hearing, the court denied Walmart's request to dismiss the case. The second article brought to the court's attention for the first time the identities of several persons who signed a nominating petition during the summer of 2012 when the undersigned was required to file papers with the Registrar of Voters. As the article states, the signatures were collected by political consultant Jennifer Tierney. The undersigned has no relationship with the individuals named in the article, and has never met or spoken to any of them. The article omits the fact that the same people signed the nominating petitions for most of the several dozen judges who were required to file for reelection during the last election cycle. Ms. Tierney collected all the signatures. The goal in collecting signatures in this "blind" fashion was to avoid disqualifying situations. MINUTE ORDER Page 1

3 CASE TITLE: San Diego Tourism Marketing District C A S E NO: CLI-WM-CM Corporation v Robert Earl Filner [Imaged] In light of the foregoing, the court concludes that a reasonable person, aware of the facts, would not reasonably entertain any doubt as to the court's ability to be impartial. CCP section 170.1(a)(6)(A)(iii). The court nevertheless discloses the forgoing in accordance with Canon 3E2 of the Code of Judicial Ethics, The case remains on calendar for March 22 at 1:30 p.m. as ordered on March 5. The clerk is ordered to provide copies of these minutes to all parties who appeared at the March 5 IT IS SO ORDERED. MINUTE ORDER Page 2

4 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO Central 330 West Broadway San Diego, CA SHORT TITLE: San Diego Tourism Marketing District Corporation v Robert Earl Finer [Imaged] CLERK'S CERTIFICATE OF SERVICE BY MAIL CASE NUMBER: CUMM-CTL I certify that I am not a party to this cause. I certify that a true copy of the attached minute order was mailed following standard court practices in a sealed envelope with postage fully prepaid, addressed as indicated below. The mailing and this certification occurred at San Diego, California, on 03/07/2013. Clerk of the Court, by: Venntgivatat,;, L. Von Nordheim, Deputy DAVID J RUDERMAN PLEASANT VALLEY ROAD PENN VALLEY, CA JAN I GOLDSMITH MEKAELA M GLADDEN 99 EAST C STREET, SUITE 111 CORY BRIGGS / 99 EAST C STREET, SUITE 111 KATHY J STEINMAN 1200 THIRD AVENUE # 1100 ANDREW JONES CRAIG SHERMAN ST AVENUE # Additional names and address attached. CLERKS CERTIFICATE OF SERVICE BY MAIL Page: 1

5 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL MINUTE ORDER JUDICIAL OFFICER PRESIDING: Timothy W. Tower CLERK: Lisa Von Nordheim REPORTER/ERM: Not Reported BAILIFF/COURT ATTENDANT: TIME: 09:38:00 AM CASE NO: CU-WM-CIL CASE INIT.DATE: 02/ CASE TITLE: San Diego Tourism Marketing District Corporation v Robert Earl Filner [Imaged] CASE CATEGORY: Civil - Unlimited CASE TYPE: Writ of Mandate APPEARANCES San Diego TMD Corp. v. Hiner, Case No, Within hours of the court's first hearing on this matter, on March 5, 2013, a blogger affiliated with the San Diego Reader published the first of two stories touching upon this case. Both stories came to the court's attention on the afternoon of March 6. Ordinarily, disclosures such as this one are to be made on the record in open court. However, the budget cuts imposed on the courts over the past several years forced the San Diego Superior Court in late 2012 to lay off court reporters formerly assigned to civil departments. No party brought a pro tern court reporter to the March 5 hearing, and there is no assurance the parties will do so at the next The Reader articles contain several errors and omissions. The first article suggested the undersigned and his spouse of 26 years are "GOP leaning." In fact, the undersigned has been registered "decline to state" for many years, and Chief Bankruptcy Judge Taylor has been a registered Democrat her entire adult life. The same article stated the undersigned had, in April of 2012, "tossed" an action involving a Walmart being built at the site of the old farmer's market/egg cooperative in Logan Heights. in fact, the subject case (No ) was before the court as recently as last week; following that hearing, the court denied Walmart's request to dismiss the case. The second article brought to the court's attention for the first time the identities of several persons who signed a nominating petition during the summer of 2012 when the undersigned was required to file papers with the Registrar of Voters. As the article states, the signatures were collected by political consultant Jennifer Tierney. The undersigned has no relationship with the individuals named in the article, and has never met or spoken to any of them. The article omits the fact that the same people signed the nominating petitions for most of the several dozen judges who were required to file for reelection during the last election cycle. Ms. Tierney collected all the signatures. The goal in collecting signatures in this "blind" fashion was to avoid disqualifying situations. MINUTE ORDER Page 1

6 CASE TITLE: San Diego Tourism Marketing District C A S E NO: CUMM-CIL Corporation v Robert Earl Filner [Imaged] In light of the foregoing, the court concludes that a reasonable person, aware of the facts, would not reasonably entertain any doubt as to the court's ability to be impartial. CCP section (a)(6)(a)(iii). The court nevertheless discloses the forgoing in accordance with Canon 3E2 of the Code of Judicial Ethics. The case remains on calendar for March 22 at 1:30 p.m. as ordered on March 5. The clerk is ordered to provide copies of these minutes to II parties who appeared at the March 5 IT IS SO ORDERED. MINUTE ORDER Page 2