Submitted by JM Ivler
On July 1, 2011 the Demure filed by the City of Los Alamitos in the case of citizens of Los Alamitos, Petitioner, vs. CITY OF LOS ALAMITOS, an incorporated municipality in Orange County, California, CONSOLIDATED DISPOSAL SERVICE, LLC., a limited liability company, MARILYNN POE, a Los Alamitos City Council member, KENNETH STEPHENS, a Los Alamitos City Council member, TROY EDGAR, a Los Alamitos City Council member, and DOES 1 through 50, CASE NO.: 30-2010-00420414 was heard today before Hon. Andrew P. Banks, Dept. C-11 in SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE CENTER.
In a City Council meeting after being served in this case Council Member Troy Edgar stated that the Citizens case was frivolous, had no merit and was nothing more than a political ploy made to effect the November elections. Today the Hon. Andrew P. Banks, in dismissing one of the two claims in the City’s’ Demure indicated that Council Member Edgar
was incorrect in his claims. The Hon. Andrew P. Banks’ decision stated that the Citizens have standing and the complaint has merit and is allowing the case to proceed.
The first cause of action, as to whether the City of Los Alamitos followed the law in the awarding of the Franchise Agreement for solid waste collection the Hon. Andrew P. Banks found for the CITIZENS. This does not mean that the Hon. Andrew P. Banks ruled on the case itself. This ruling was based on the claim by the Defendants that the case had
no merit. The ruling from the Hon. Andrew P. Banks stated that both the case had merit and the Plaintiffs had standing to bring the case to trial. His ruling allows the case to move forward with the next hearing date of September 16th, 2001.
In the second cause of action the Hon. Andrew P. Banks questioned the standing of the CITIZEN Plaintiffs to bring the cause and found for the Defendants in that cause, but also has allowed the Plaintiffs to amend the complaint, providing them 20 days to do so.
The CITIZEN Plaintiffs are pleased with the Hon. Andrew P. Banks decisions regarding claim one and are considering their amendment to claim two.
JM Ivler, one of the members of Citizens for a Fair Trash Contract stated, “As I stated over a year ago in City Council, the bid was rigged and the process was corrupted, today’s decision validated those claims and I look forward to seeing this case move forward with the utmost haste.”
“I am pleased Judge Banks looked straight through the legal “smoke and mirrors” of the City demure and denied their attempt to derail the Citizens of Los Alamitos case. At trial in September the claims of Councilmembers Edgar, Poe and Stevens that the Consolidated trash contract was “one of the best in Orange County” will be exposed for
what it is, a $6.5 Million overpayment to the trash hauler by the residents, business and apartment owners of Los Alamitos” With their vote Council Members Edgar, Poe and Stevens traded $6.5 Million from the pockets of Los Alamitos residents and businesses in return for $575,000 from Consolidated into City Coffers. What an insult to the people of Los Alamitos”, said Art DeBolt, one of the members of the Citizens for a Fair Trash Contract.
The demure for the third cause of action filed by Consolidated Disposal Services on the case was not heard, nor did the Hon. Andrew P. Banks dismiss the third cause since the prior ruling by the Hon. Andrew P. Banks from the anti-SLAPP hearing in under review by the Appellate Court.
The next court date is September 16, 2011 before the Hon. Andrew P. Banks in Dept C-11 in SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE CENTER.
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