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Oak Grove Appeal Dismissed For Failure To File Opening Brief

Original post made by frank, Pleasanton Heights, on Aug 11, 2008

The headline is not mine, but recorded by the 1st Appellate Court in the case of Lin et al. v. City Clerk of the City of Pleasanton. The bried, after a one month delay, was due August 5.

So much for all that rhetoric about how the Superior Court judge's ruling was wrong.

That one issue was milked and lost. The Ayala faction whipsawed their supporters and now abandoned the issue. Now on to the initiative politics in a general election since the Ayala faction can't win anything based upon the legality of what they float. Watch what happens if their initiative wins. Lawsuits are likely to ensue. And guess what the results may be.....

Comments (20)

 +   Like this comment
Posted by frank
a resident of Pleasanton Heights
on Aug 11, 2008 at 7:56 pm

The dismissal is effective 8/25. So, if they get their act together the can renew the appeal.


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Posted by frank
a resident of Pleasanton Heights
on Aug 11, 2008 at 8:49 pm

Go see:

Web Link


 +   Like this comment
Posted by Linda
a resident of Another Pleasanton neighborhood
on Aug 11, 2008 at 9:57 pm

I don't know anymore than what I have read here. I can only imagine a citizen or group of citizens can advocate for a just cause to a point, and then become defeated by the financial burden. How can you find fault when people pursue something they believe in, but are not willing to spend their families resources?
The deck seems to be stacked against the citizens.

I applaud the noble intentions for what they believe is for the good of our community.

I ask with sincere inquiry, Frank why do you have so much passion for the issue? You seem to take it so personal.





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Posted by frank
a resident of Pleasanton Heights
on Aug 11, 2008 at 10:58 pm

I'm principled... nothing taken personal on my part. Responses to my posts seem to be, though. It seems people don't like be called out for their political actions. Just like all the voters who voted the disaster called George Bush into office two times. It seems they conveniently forgot about the results of their actions.


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Posted by Stacey
a resident of Amberwood/Wood Meadows
on Aug 12, 2008 at 7:46 am

Ouch! I guess they either are going to wait until the last minute to file a brief as some sort of delay tactic (it _is_ an election year after all) or quietly let the issue drop because they've come to the conclusion that they have an unwinnable case. If they thought they couldn't pursue their "just cause" any longer it is because of the winnability of the case, since the "financial burden" is usually recovered by the party ruled in favor of.


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Posted by principled
a resident of Another Pleasanton neighborhood
on Aug 12, 2008 at 2:54 pm

What a deceptive story. No where does the "Brief" indicate the appeal has been dismissed. Only that it will be dismissed if no action is taken by a certain date.

This is another example of what Ayala haters will do in an attempt to confuse(but they consider themselves "principled" so that makes it ok).

What a bunch of jokers.


 +   Like this comment
Posted by Stacey
a resident of Amberwood/Wood Meadows
on Aug 13, 2008 at 7:39 pm

Suddenly you get labeled an "Ayala hater" if you are against the Oak Grove referendum. What a bunch of jokers these "Ayala lovers" are.


 +   Like this comment
Posted by Stacey
a resident of Amberwood/Wood Meadows
on Aug 13, 2008 at 7:40 pm

What does being for or against the referendum have to do with love for Ayala?!


 +   Like this comment
Posted by Stacey
a resident of Amberwood/Wood Meadows
on Aug 13, 2008 at 7:41 pm

I think Kay Ayala is loved very much by her family and friends. How does that affect the Oak Grove referendum?


 +   Like this comment
Posted by frank
a resident of Pleasanton Heights
on Aug 13, 2008 at 9:30 pm

principled must have voted for George Bush! Probably twice! I direct his/her indignations toward Ayala and to ask her why she delayed once and then failed to file her opening brief when due causing the court to set a kill date of August 25. Playing politics? Or packing it in? She has 12 days to perform. Why the purposeful delay?


 +   Like this comment
Posted by principled
a resident of Another Pleasanton neighborhood
on Aug 14, 2008 at 12:48 am

You can't BS your way out of this one Frank. The headline of your story is completely false and you know it. But credit to you for attempting to cover your *** with your first comment.

If you have questions for Ayala, why don't you ask her yourself. I bet she would be glad to talk to you, not turn her back and walk away like our Mayor reportedly did.

What do my comments have to do with voting for Bush or anyone else. Could it be an attempt to re-direct the attention away from the fact you screwed up. Since you mentioned it, you bet I voted for Bush twice and would vote for him again before I would vote for your liberal, socialist buddies.


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Posted by Observer
a resident of Another Pleasanton neighborhood
on Aug 14, 2008 at 6:55 am

Principled:

Re Frank: Good observation!!

Thanks!!!


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Posted by Stacey
a resident of Amberwood/Wood Meadows
on Aug 14, 2008 at 7:48 am

I get the distinct feeling that someone is being baited, and fell for it hook, line, and sinker. "Fished in! Fished in! Fished in!"


 +   Like this comment
Posted by principled
a resident of Another Pleasanton neighborhood
on Aug 14, 2008 at 3:26 pm

Stacey,

No baiting intended - just facts as they appear. Re-read the story carefully with an open mind and see if it isn't false information(if you read the story and then over looked his following "cover my ***" first comment, would you not have the impression the appeal had been completely dismissed). Also, if there's not a slam at the Ayala "faction"(as the "principled" one gleefully refers to them)in the story, what would you call it.

His story contains nothing but false information and speculation, then attempts to divert attention away from that fact with the BS in his fourth comment. Won't work!


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Posted by Stacey
a resident of Amberwood/Wood Meadows
on Aug 14, 2008 at 3:53 pm

Yes, the headline is misleading. I thought the same thing, that it got dismissed, and was confused at first. It appears to be the same headline as what is listed last on the Court website (and the "story" even says the headline is from it), but the dates are wrong. I think someone was jumping the gun on that, but the fact the brief was due Aug. 5th isn't wrong, false, or speculation. Look at the Court Docket (Web Link). Ayala's lawyer on the case filed an extension of time back at the end of June because it was originally due sometime around July 4th. The extension was granted until Aug. 5th (look at the Notes column at Web Link). So on Aug. 8th Ayala's lawyer got a warning from the Court that they are tardy and that the final drop-dead date is Aug. 25th.

With the "Ayala faction" comment, I got the sense that the Oak Grove opponents were being baited.


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Posted by Stacey
a resident of Amberwood/Wood Meadows
on Aug 14, 2008 at 4:01 pm

I should've added, the George Bush comment also looked like baiting...

I did find it interesting that after this thread was posted, PW came out a day later with their article. The notification from the Court came out Aug. 8th.


 +   Like this comment
Posted by frank
a resident of Pleasanton Heights
on Aug 15, 2008 at 9:24 pm

principled got all bent. too bad.

headline is a repeat of the court's web site register of actions entry. the second post of mine explains this action is due 8/25/2008.

it is a fact of record that the brief due 8/5 was after a first postponement of the brief being due on or about 7/5.

it is inescapable that appellent is purposely delaying opening brief.

nobody was aware of this, including the pleasanton weekly, until i jerked all of your chains. you figure it out..... go ask your ayala faction what they intend to do rather than getting bent...


 +   Like this comment
Posted by principled
a resident of Another Pleasanton neighborhood
on Aug 16, 2008 at 1:09 am

Frank(O' Principled One)got caught. To bad.

Why wasn't all this info you are now coming forth with in your lead "Story"? Why wait until your posts in the "Comments" section. Is it possible it would have made your "Story" less sensational and denied you an opportunity to once again take a swipe at "the Ayala faction". Only that time it was 99% false and you attempted to cover your ***.

Then in your latest post you state, "it is inescapable that appellent is purposely delaying opening brief". What factual evidence do you have to support this statement or is this another attempted swipe. Appellate Attorneys will tell you request for delays are not an uncommon occurance at this level and not a "big deal", as you would have others believe. You can confirm this if you, as you are fond of saying, "go ask".

You continue to ask others to "go ask the Ayala faction". Are you fearful of asking them your self. Chances are, if you ask nicely, they just might have an answer for you.

In my opinion, the poster on this thread that "got all bent" was the one that wrote the 10th "Comment".


 +   Like this comment
Posted by just wondering
a resident of Another Pleasanton neighborhood
on Aug 26, 2008 at 8:14 am

Does anyone know if Ayala got her opening brief filed by yesterday's deadline?


 +   Like this comment
Posted by Stacey
a resident of Amberwood/Wood Meadows
on Aug 26, 2008 at 9:43 am

Another extension was requested and granted. We'll have to wait until Sept. 8 before we know if the lawyers are going to file or delay more.


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