From: Jane Cavanaugh <janecava@earthlink.net> To: All interested Bonny Doon parties NOTICE: We need a large turnout at the court hearing Monday the 29th at 8:30 am in Santa Cruz County Superior Court,Dept. 1, at the County Building at 701 Ocean. A strong community showing is
going to make
Date: 11/14/99 [posted 15 November 1999]
What's Happened: Small victory on Friday [12th]! Chris was unable to file for the Temporary Restraining Order on Friday, so instead he sent letters of our intent to file suit to PG&E and Godon, the subcontractor. Godon had their attorneys fax Chris a letter stating they would halt all activity until the issue had been resolved. I spoke directly with Ray Godon, the onsite supervisor, who was still out working with his crew at 12:30 pm on Friday in the lot at the corner of Molina and Vick. He was quite concerned about the letter, easy to talk to, and said they were doing "clean-up" of downed brush before pulling out, in case they never came back. (Note: Despite this statement, Russ has before/after shots of more manzanita taken down during this process, so it wasn't all clean-up.) Ray said PG&E (Stewart Craig) was quite upset with him for pulling out, but Godon did not want any trouble and would be gone by 2 pm. Several of us came back around 4 pm and they had indeed left, though equipment is still there. Update: Chris replied to the Godon attorneys’ letter. Key point to report here is that he ended letter by stating that if Godon did return to work and continue with the "vegetation management" project, they would be held liable for punitive damages (punitive as different from compensatory damages; punitive is for actions taken intentionally). Chris filed his declaration, which included a first draft of our cause of actions and demands ("prayers" in legalese) on Friday at 4 pm. He was under deadline and was not able to include everything that we would ultimately like to see in this case. He has until next Friday to complete a second version of this. See "What's Needed" section (below) for how you can help update this and get your voice into the case. His firm's strategy will be to put everything we can think of and that's legally reasonably into this document, then let the judge scale it back. If you would like a copy of this faxed to you, call or e-mail me with your fax number. Finally, thank you to Leslie Johnson, Russ Mackey, Ted Benhari, Fred Bryck, Val Haley, Jamyrson Pittori, Betsy Firebaugh, and John O’Malley for all of their recent support attending meetings with Chris, writing and gathering declarations, continuing to photograph and videotape the events, issuing press releases, making phone calls to PG&E officials, and volunteering to help collect additional donations. What's Needed: Your declarations: done, signed, and originals in Chris's hands as soon as possible. You can slide your documents under the door at 133 Mission Street, Suite 102 if doors aren't open. Chris will be working this afternoon if you'd like him to proof your declaration (at $150/hr). I'm also available to run your draft past Jamyrson's legal eye (for free!). If you haven't written a declaration or don't know what this is: A declaration is a witness statement, just as if you were a passerby who witnessed an accident. The more of these we have on Monday the better. Declarations are written in a very specific format and with a few particular dos and don’ts on language to watch out for. Contact Jane Cavanaugh if you are willing to write one and want guidance. We also have a standard declaration you can simply sign, though this will have less of an impact. Note: You are not signing on as a plaintiff to this case if you sign a declaration. Donations for legal fees. If you pledged money and haven't sent it yet, we need your checks ASAP. If you are inspired by what you are reading and would like to support our efforts, your checks would be greatly appreciated. You can make these out directly to "Burton, Volkmann, & Schmal," with a notation to earmark for "Woodland Preservation Group." These donations are not tax deductible so it doesn't matter to whom you write the check. Note: Giving money does not automatically bind you to this case as a plaintiff (see next item). Become a plaintiff listed on this case. Currently there are only 3 of us willing to be listed as plaintiffs on this case, in addition to the generic "Woodland Preservation Group." There is a real possibility that the judge will only grant Temporary Restraining Orders for the properties of the specific individuals listed. (He is obligated by the court to take the most narrow action, so as not to impinge on the rights of unlisted residents, who may not agree with the restraining order request.) If that happens, we do have one more opportunity to come back with additional plaintiffs and add them to the case. Please consider your strategy and be ready to act. Long-term, the lawsuit will focus on halting the entire project and redefining allowable scope (I hope for the entire state, but at least for the Bonny Doon area). But in the short-term, we might lose our current advantage to halt the immediate destruction of our neighborhood on Robles and Molina. Note: You can become a plaintiff for specific causes of action only, and specific demands only. So if you don't agree or feel comfortable with the entire lawsuit, pick your personal cause(s) and goal(s)! For example, if Russ signed on for the "declaratory relief" cause only, to get the specific easement line issue resolved for his property, that would be a tremendous boost to the overall TRO request. Right now, only one plaintiff (Jamyrson) has property directly on the current work route. Read over the list of causes and demands in Chris's declaration and add to it. As mentioned under "What's Happened," Chris submitted a first draft, but wants to include as many specific and unique causes of action and demands (our end legal goals) as possible. Whether your cause is easement clarity, manzanita protection, emotional distress, or general rights of property owners, you can have a say in this. You can email these suggestions to Chris directly: Chris Dort <cbd@bvsllp.com>
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