IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DAVID R. DAVIS, BRIAN GOLDSTEIN, JACOB DANIEL HILL, ERIC FEDER, PAUL COHEN, CHRIS BUTLER, SCOTT AUSTIN, JILL BROWN AND LISA SIEGEL, Case No. B241631 Plaintiffs and Appellants, v. THE CITY OF LOS ANGELES, LOS ANGELES POLICE DEPARTMENT CHIEF OF POLICE CHARLIE BECK AND LOS ANGELES POLICE DEPARTMENT, Defendants and Res ondents. Los Angeles County Superior Court, Case No. BS131915 The Honorable James C. Chalfant [PROPOSED] ORDER ON APPELLANT'S MOTION FOR NEW EVIDENCE C. D. Michel- S.B.N. 144258 Joshua R. Dale - S.B.N. 209942 Tamara M. Rider - S.B.N. 267951 Michel & Associates, P.C. 180 East Ocean Blvd., Suite 200 Long Beach, CA 90802 Telephone: 562-216-4444 Facsimile: 562-216-4445 Email: CMichel@michellawyers.com Attorneys for Plaintiffs/Appellants
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DAVID R. DAVIS, BRIAN GOLDSTEIN, JACOB DANIEL HILL, ERIC FEDER, PAUL COHEN, CHRIS BUTLER, SCOTT AUSTIN, JILL BROWN AND LISA SIEGEL, Case No. B241631 Plaintiffs and Appellants, v. THE CITY OF LOS ANGELES, LOS ANGELES POLICE DEPARTMENT CHIEF OF POLICE CHARLIE BECK AND LOS ANGELES POLICE DEPARTMENT, Defendants and Res ondents. Los Angeles County Superior Court, Case No. BS131915 The Honorable James C. Chalfant [PROPOSED] ORDER ON APPELLANT'S MOTION FOR NEW EVIDENCE e. D. Michel- S.B.N. 144258 Joshua R. Dale - S.B.N. 209942 Tamara M. Rider - S.B.N. 267951 Michel & Associates, P.e. 180 East Ocean Blvd., Suite 200 Long Beach, CA 90802 Telephone: 562-216-4444 Facsimile: 562-216-4445 Email: CMichel@michellawyers.com Attorneys for Plaintiffs/Appellants
Appellants David R. Davis, Jacob Daniel Hill, Brian Goldstein, Paul Cohen, Scott Austin, and Eric Feder, having filed a motion for this Court to add new evidence to the record on appeal, and the Court having been afforded the opportunity to review the merits of the motion and proposed new evidence, and upon the Court's findings that Appellants' proposed new evidence is appropriate pursuant to California Rules of Court, rule 8.252, and Code of Civil Procedure section 909; IT IS HEREBY ORDERED THAT the following documents, currently control numbered AA001631 - AA001679, will be added as new evidence to the record on appeal: 1. May 25, 2012 California Public Record Act request to the City of Los Angeles to the attention of Mayor Villaraigosa requesting all City of Los Angeles consent decrees. (AAOO 1631-1637.) 2. July 14,2012 California Public Record Act e-mail response from Deputy City Attorney Mike Dundas relating to responsive records to the requested City of Los Angeles Consent Decrees. (AA001638-1639.) 3. List from the City of Los Angeles identifying consent decrees and injunctions to which the City of Los Angeles is bound in its August 8, 2012 California Public Record Act response. (AAOO 1640-1641.) 4. Judgment of Declaratory Relief entered in Assenza v. City of Los Angeles, Super. Ct. Los Angeles County, 1994, No. BCl15813. (AA001643-1654.) 1
5. Judgment of Declaratory Relief entered in Kihm v. City of Los Angeles, Super. Ct. Los Angeles County, 1994, No. BC106210. (AA001656-1665.) 6. Judgment of Declaratory Relief entered in Lake v. City of San Fernando, Super. Ct. Los Angeles County, 1992, No. PC008329. (AA001667-1679.) ITISFURTHERORDEREDTHAT Dated: Justice --------------------------- 2
PROOF OF SERVICE STATE OF CALIFORNIA COUNTY OF LOS ANGELES I, Christina Sanchez, am employed in the City of Long Beach, Los Angeles County, California. I am over the age eighteen (18) years and am not a party to the within action. My business address is 180 East Ocean Blvd., Suite 200 Long Beach, CA 90802. On March 13, 2013, I served the foregoing document( s) described as [PROPOSED] ORDER ON APPELLANT'S MOTION FOR NEW EVIDENCE on the interested parties in this action by placing [ ] the original [X] a true and correct copy thereof enclosed in sealed envelope(s) addressed as follows: SEE ATTACHED "SERVICE LIST" L L (BY MAIL) As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under the practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Long Beach, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date is more than one day after date of deposit for mailing an affidavit. Executed on March 13,2013, at Long Beach, California. (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on March 13,2013, at Long Beach, California. &~~'CHE* 3
SERVICE LIST DA VID R. DA VIS ET AL. v. CITY OF LOS ANGELES ET AL. CASE NO. B241631 Gregory P. Orland Office of the City Attorney 200 North Main Street 900 City Hall East Los Angeles, CA 90012 Burton C. Jacobson ATTORNEYS AT LAW Beverly Hills Law Building 424 South Beverly Drive Beverly Hills, CA 90212 Attorney for DefendantslRespondents City of Los Angeles, Los Angeles Police Department and Los Angeles Police Department Police Chief Charlie Beck Co-Counsel 4