I had reported on a lawsuit filed by local attorney Cyndy Day Wilson and John Wilson against the County of Humboldt. The first post was in July 2023.
The reason this blog rankles the court insiders, Humboldt Superior Court and some local lawyers is because the public is informed of losses, of lawyers who are good and others who do not like my factual coverage because their record of losses is revealed. No lawyer wins every case. When you are paying someone money; you deserve to know what your options are. Google or search the Nylander and Roy Gomez for Cyndy Day Wilson. Secure and good lawyers who I have reported can disagree with me but they are respectful and say what they want to directly to me.
The Wilson's alleged the County ignored "its ministerial duty pursuant to state law to close a well abandoned over 40 years ago." The lawsuit alleges that the County is allowing the applicant for the development of the property to ignore state law.
There was an indemnification agreement signed between the current applicant Joel Geck-Moeller and the County in November 2022 which lists former Fourth District Supervisor Virginia Bass as chair.
On 10/18/23, there was a tentative ruling by Judge Timothy Canning in favor of the County. Writ of mandate denied; petitioner's request for attorney fees denied and temporary injunction is dissolved.
The last update I did was on a filing by the Wilsons on 1/19/24. I included court documents in my posts.
Former Humboldt Deputy County Counsel Thomas Chapin worked on the appeal before he left Humboldt and returned to Southern California. The County rarely prevails and Mr. Chapin has won cases for the County including several restraining orders. You can search posts I have done on Mr. Chapin via the search feature on the blog or use Google. I am not including 26 pages of the ruling on the appeal and you can read the whole document online. The ruling by California's First Apellate District will give you all the background.
Last two pages from the ruling:
"The Wilsons also maintain the trial court (1) wrongfully signed the proposed judgment submitted by Geck-Moeller, the real party in interest, because he did not appear at the hearing and (2) improperly ruled on the issue of attorney fees because, while fees were sought in the writ petition, nomotion for fees was pending before the court.
AS to the judgment, the Wilson's seem to be advancing two points: first, that Geck-Moeller did not make an official appearance on the record at the hearing (although he was present in the courtroom) and therefore was not a "party" who could submit a proposed judgment, and, second, he did not timely submit the proposed judgment under California Rules of Court, rule 3.1590.subdivision (). Geck-Moeller is indisputably a party to this litigation. (SeeMejia v. City of Los Angeles (2007) 156 CalApp.4th 151, 160 ["Although a 'party in an action ordinarily is a plaintiff or defendant [citation), a real party in interest in a mandamus proceeding also is regarded as a party to the litigation."].) As to the timeliness of his submission of the proposed judgment, even assuming it was submitted outside the time frame set forth in the rule, the Wilsons cite no authority that even remotely suggests the judgment is invalid . Nor are we aware of any such authority.
As to attorney fees, the issue is moot since the Wilsons have not prevailed on appeal and therefore are not "successful" parties entitled to seek fees under Code of Civil Procedure section 1021.5, which states, in relevant part, "Upon motion, a court may award attorneys' fees to a successful party against one or more opposing parties in any action which has resulted in the enforcement of an important right affecting the public interest..."
DISPOSITION
The judgment is affirmed. Costs are awarded to the County. (Cal.
Rules of Court, rule 8.278(a)(2).)
Previous posts:
https://johnchiv.blogspot.com/2023/07/the-lawsuit-i-reported-on-and-in-which.html?m=1
https://johnchiv.blogspot.com/2023/07/cyndy-day-wilson-sues-humboldt-county.html?m=1
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