LQ Dunes vs City/Judgement & Dismissal 90Mass, AddNn and TeletNlens No. of Atlomey(U
BARRY BRANDT, ESQ.
MARONEY AND BRANDTr INC.
592 N. Euclid llgenuer P. 0. Box 135
Upland, CA 9174--
(714) 985-2880�:`-
AttomeY(e)for ..... Defendants
........................................
Plalntlff(e):
Defendant($):
spas aelee far use of coat floe o*
NOV 0 7 1990
ARTHUR A. SIMS, park
M.B. tMt
SUPERIOR RIVERSIDE
Dept
COURT OF CALIFORNIA, COUNTY OF ....................
(SUPERIOR, MUNICIPAL, or JUSTICE)
INDIO BRANCH
..................................................................
(Name of Municipal or Justice Court District or of branch court, if any)
LA QUINTA DUNES, ETC., I CASE NUMBER INDIO 52783
CITY OF.LA QUINTA, et al
TO THE CLERK: Please dismiss this action as follows
1. [ With prejudice Without prejudice
2. }� Entire action Complaint only
O Other: (Specify)*
REQUEST FOR DISMISSAL
TYPE OF ACTION
j] Personal Injury, Property Damage and Wrongful Death:
❑ Motor vehicle ❑ Dow
0 Domestic Relations El Eminent Domain
13 Cllilyr ($pact COMPLAINT FOR CIVIL RIGHTS
VIOLATIONS; INVERSE'CONDEMNATION;
DECLARATORY AND INJUNCTIVE RELIEF
(Check applicable boxes.)
EJ Petition only ❑ Cross -complaint only
PLEASE DISMISS THE ENTIRE ACTION WITH PREJUDICE AGAINST ALL DEFENDAPITS.
Dated:....... I t., i !.
'If dismissal requested is of specified parties only, of apacified
. causes of action only or of specified cross -complaints only, so
state and identify the parties, causes of action or cross -complaints
to be dismissed.
Attorn� V t�
y( P a ri
DOUGLAS S. PHILLIPS, BEST, BEST 2IEC-
(Type or print attorney(s) name($))
TO THE CLERK: Consent to the above dismissal is hereby given.**
Dated: ...............................................
ated:...............................................
**When a crosetompisint (or Response (Marriage) seeking affirm'. Attornay(s) for ..........................................
five relief) is on ale, the snarney(s) for the cross -complainant
(respondent) must sign this consent when required by CCP
$81(1). (2) or (S).
(Type or print attorney(s) name(a))
(To be completed by clerk)
❑ Dismissal entered as requested on...................................................................................
0 Dismissal entered on.....................................as to only .................................................
O Dismissal not entered as requested for the following reason(s), and attorney($) nollRed on ............................... ..
Dated...............................................
Clerk
Deputy
3 Form Adopted by Ruh 992 of CCP Sol, etc.;
the Judicial council of California REQUEST FOR DISMISSAL 70R354 1.86 Cal. Renee of court,
Rsdsed EMeetM July 1, 19Y2 RCW Rule 1233
DONALD E. MARONEY
BARRY BRANDT
CARL F. HERBOLO
JOAN VIRGINIA ALLEN
BRIAN KELLEY BRAN DT
T0:
FROM:
DATE:
LAW OFFICES
A$ aroney and brdndi
A PROFESSIONAL LAW CORPORATION
592 NORTH EUCLID AVENUE
TELEPHONE
P.O. BOX 1350
(714) 985-28eO
UPLAND, CALIFORNIA 91785
FAX (714) 965.4037
Honorable Mayor and Members of the City Council
City of La Quints,
Barry Brandt 4 3
September 26, 1990
RE: La.Quinta Dunes Litigation
You may recall that I had suggested to opposing counsel
that if they were willing to enter into a dismissal of the entire
La Quints. Dunes Litigation as to all causes of action, that I would
recommend to the City that the costs on appeal which the court has
indicated we will be awarded, be waived by the City in return for
such a dismissal.
Enclosed is a letter from Mr. Phillips, the attorney for
La Quinta Dunes, in which he indicates that this proposal is
acceptable. The costs on appeal approximate $2,000.00 and I have
no hesitancy in recommending that the City and all the individual
defendants concur in the dismissal.
By copy of this memorandum, I am asking that each of the
individually named defendants sign where indicated below, giving
their approval of the dismissal of the case, in return for the
defendant's waiver of costs on appeal. I am asking that each
individually named councilmember send me a copy of that
authorization.
If there is any problem with this approach or if you
would care to discuss it further, please feel free to contact me.
BB
cc: Ron Kiedrowski
I HAVE READ THE FOREGOING MEMORANDUM, AND UNDERSTAND AND
PROPOSED A TION THEREIN.
�d t
D to JUDITH COX Date
RGER Date WILLIAM HOYLE Date
Date
DATED: /C2 L0CIT F LA I A
Cn, BY: ~ _
Its
ATTORNEY OR PARTY WITHOUT ATTORNEY (NAME AND ADDRESS): TELEPHONE NO.:
DOUGLAS S. PHILLIPS, ESQUIRE, of (619)56R-2611
For Court Use Only:
IL
LRIVEERSIDECOUNNTY IE D
BEST, BEST & KRIEGER
39700 Bob Hope Drive, Suite 312
Rancho Mirage, California 92270
JUN 01 1988
WILLIAM E. CONERLY, Clerk
Insert name of court, judicial district or branch court, if any, and Post Office and Street Address,
SUPERIOR COURT OF CALIFORNIA, COUNTY OF RIVERSIDE
3y �• E. a rel
❑ 4050 Main St. (P.O. Box 431), Riverside, CA 92502-0431
® 46209 Oasis St. (P.O. Box 1748), Indio, CA 92202-1748
PLAINTIFF:
LAQUINTA DUNES, A California Limited Partnership: et al.
DEFENDANT:
CITY OF LA QUINTA, A Municipal Cornoration- et al.
Case Number:
NOTICE OF ENTRY OF JUDGMENT
INDIO 52783
TO (insert name and address of the party(ies) against whom judgment has been entered): CITY OP LA QUINTA, DALE
BOHNENBERGER, JOHN PENA, STANLEY SNIFF, T,?ILLIAM HOYLE, JUDITH COX,
c/o Barry Brandt, City Attorney for the City of La Quinta
592 North Euclid Avenue, Upland, California
YOU ARE HEREBY NOTIFIED, pursuant to the provisions of Section 664.5 of the Code of Civil Procedure, that a
"judgment", to wit:
R Judgment, entered in Judgment Book No. 1 3 % page �2 G G
❑ decree
❑ signed order
was entered in the above -entitled action on JUN 0 1 tgn
(Signature & Typed Name of Notifier)
DOUGLAS S. PHILLIPS
PROOF OF SERVICE BY MAIL
1, the undersigned, say: I am a resident of or employed in the county where the herein mailing occurs, over the age of eighteen years, and not a party to the
above -entitled action/proceeding; that my residence or business address is:
39700 Bob Hope Drive, Suite 312, Rancho Mirage California:
that on the date below indicated. I served a copy of the within NOTICE OF ENTRY OF JUDGMENT. by depositing said copy in a sealed envelope with postage
thereon fully prepaid, in the mail at the City of
Rancho Mirage Cahtonro
addressed as above -indicated in said NOTICE OF ENTRY OF JUDGMENT.
I certify (or declare) under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Executed on .at
June i, 1988 Rancho Mirage
\ (Signature)
�I
Cathy Rnmern
(Typed Name)
OFJUDGMENT
California.
ii
1 LAW OFFICES OF
BEST. BEST & KRIEGER
2 39700 BOB HOPE DRIVE. SUITE 312
POST OFFICE BOX 5056
RANCHO MIRAGE. CALIFORNIA 92270
3 I TELEPHONE(619) 568-2611
4'
5 Attorneys for Petitioners/Plaintiffs
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JUN 01 1988
WILUAM E. CONERLY, Clerk
i l� E. Vanle
. V peput
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
LA QUINTA DUNES, A California )
Limited Partnership; SOUTH ORANGE )
PROPERTIES, LTD., A California )
Partnership, )
Petitioners/Plaintiffs, )
-vs- )
CITY OF LA QUINTA, A Municipal )
Corporation; DALE BOHNENBERGER, an )
individual; JOHN PENA, an )
individual; STANLEY SNIFF, an )
individual; WILLIAM HOYLE, an )
individual; JUDITH COX, an )
individual; DOES 1 through 50, )
Inclusive, )
Res on�Defendants. )
Case No. INDIO 52783
JUDGMENT FOR PETITIONER
(CCP 51064, 1095)
This cause came on regularly for hearing before this Court
on March 24, 1988, at 1:30 p.m, in the Courtroom of the
Honorable Noah Ned Jamin, Judge presiding in Department D of
the above -entitled Court located at 3255 Tahquitz-McCallum Way,
Palm Springs, California, pursuant to the verified petition of
La Quints. Dunes, A California Limited Partnership; and South
DSP3/8
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Orange Properties, Ltd., A California Partnership. An
Alternative Writ of Mandate issued herein on March 1, 1988, and
was served on Respondents.
David J. Erwin of Best, Best & Krieger appeared as attorney
for Petitioners, and Barry Brandt of Maroney, Brandt and
Holdaway, A Professional Law Corporation, appeared as attorney
for Respondents.
The cause was heard and evidence, both oral and documentary,
was received.
The cause having been argued and submitted for decision,
the Court being fully advised, and the Court having directed
that judgment and a peremptory writ of mandate and a peremptory
writ of prohibition should issue in the cause;
IT IS ORDERED, ADJUDGED AND DECREED:
1. That a Peremptory Writ of Mandate issue commanding
Respondents to forthwith adopt an Ordinance No. 113A, approving
Change of Zone 87-026, so as to effect a change in zone to R-3,
(eight -to -sixteen (8-16) units per acre);
2. That a Peremptory Writ of Prohibition issue prohibiting
Respondents from enacting any further amendment to the land use
element of the La Quinta General Plan with respect to Petitioners
property, namely as to the density, i.e., no less than eight
(8) or more than sixteen (16) units per acre (R-3).
3. That each party shall bear their owns costs and
attorneys' fees;
-2- JUDGMENT FOR PETITIONERS
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4. That the Respondents shall make and file a return on
or before June 8, 1988.
DATED:
JUDGMENT ENTERED ON JUN 0 11988
VOLUME N0, BIC / 3 7 , PAGE
JUDGE OF THE SUPERIOR COURT
2(; V
1988, IN JUDGMENT BOOK
WILLIAM E. CONERLY, CLERK
By:
Deputy
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JUDGMENT FOR PETITIONERS
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LAW OFFICES OF
BEST, BEST & KRIEGER
39700 BOB HOPE DRIVE, SUITE 312
POST OFFICE BOX 5056
RANCHO MIRAGE. CALIFORNIA 92270
TELEPHONE(619) 568-2611
Attorneys for Petitioners/Plaintiffs
pk�
JUN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
LA QUINTA DUNES, A California )
Limited Partnership; SOUTH ORANGE )
PROPERTIES, LTD., A California )
Pa< tnership, )
Petitioners/Plaintiffs, )
-vs- )
)
CITY OF LA QUINTA, A Municipal )
Corporation; DALE BOHNENBERGER, an )
individual; JOHN PENA, an )
individual; STANLEY SNIFF, an )
individual; WILLIAM HOYLE, an )
individual; JUDITH COX, an )
individual; DOES 1 through 50, )
Inclusive, 1
Respondents/Defendants. )
Case No. INDIO 52783
PEREMPTORY WRIT OF
MANDATE AND WRIT OF
PROHIBITION
TO: CITY OF LA QUINTA, DALE BOHNENBERGER, JOHN PENA,
STANLEY SNIFF, WILLIAM HOYLE and JUDITH COX, RESPONDENTS:
WHEREAS, Petitioners served and filed herein a duly
verified Petition for Writ of Mandate and for Writ of Prohibi-
tion, and an Alternative Writ of Mandate having issued herein
on March 1, 1988, and a hearing was held herein on March 24,
1988; and
DSP3/8
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WHEREAS, it appears to this Court that Petitioners have no
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other plain, speedy and adequate remedy in the ordinary course
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of law; and
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WHEREAS, it appears to this Court that you have failed to
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perform your statutory duty; and
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WHEREAS, a Writ of Mandate should issue to compel the City
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of La Quinta and the City Council of the City of La Quinta to
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perform its statutory duty to adopt La Quinta Ordinance No.
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113A and thereby cause the zoning on Petitioner's property to
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be consistent with the General Plan pursuant to Government
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Code, section 65860; and
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WHEREAS, a Writ of Prohibition should issue to prohibit
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Respondents from enacting any further Amendment to the Land Use
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Element of the La Quinta General Plan with respect to
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Petitioner's property, except as hereafter stated; and
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WHEREAS, Petitioners have exhausted their administrative
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remedies; and
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WHEREAS, a Writ of Mandate may issue to compel a local
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legislative body to perform a ministerial act;
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NOW, THEREFORE, YOU, THE CITY OF LA QUINTA AND DALE
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BOHNENBERGER, JOHN PENA, STANLEY SNIFF, WILLIAM HOYLE AND
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JUDITH COX, ARE HEREBY COMMANDED ON OR BEFORE APRIL 20, 1988,
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TO:
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Adopt Ordinance No. 113A, Change of Zone No. 87-026,
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changing the zone on Petitioners' property from R-1 to R-3
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(8-16 dwelling units per acre); and
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—2— PEREMPTORY WRIT OF MANDATE
AND PROHIBITION
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FURTHER, THE CITY OF LA QUINTA AND DALE BOHNENBERGER, JOHN
PENA, STANLEY SNIFF, WILLIAM HOYLE AND JUDITH COX ARE HEREBY
PROHIBITED FROM:
Enacting any further Amendment to the Land Use Element of
the La Quinta General Plan with respect to Petitioner's
property, namely as to the density, i.e., no less than eight
(8) or more than sixteen (16) units per acre (R-3).
YOU ARE FURTHER COMMANDED:
To make and file a return to this Writ on or before June
8, 1988.
WITNESSETH the Honorable Judge Noah Ned Jamin, Judge of
the Superior Court.
Attest my hand and the seal of this Court this �_ day
of .J 1A ni[ , 1988.
WILLIAM E. CONERLY, CLERK
By: E. vsrs.*
Deputy
-3- PEREMPTORY WRIT OF MANDATE
AND PROHIBITION