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1 FILED BY FACSIMILE
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF ALAMEDA
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PANORAMIC HILL ASSOCIATION, a FILED BY FACSIMILE
17 non-profit corporation,
Case No. RG 06301644
18 Petitioner,
RESPONDENTS' [PROPOSED]
19 V. AMENDED JUDGMENT
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1 Having considered the issues fram ed by the operative pleadings, the administrative
2 record, and briefs filed by the p art ies in these p artially consolidated actions; having heard or al
3 argument by counsel for all p ar
ties in these matters; and having issued on June 18, 2008 an Order
4 Granting in Part and Denying in Part Petitions for Writ of Mandate ("Order"),
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Case No. RG 46301644: RESPONDENTS' [PROPOSED] AMENDED JUDGMENT
AUG-20-2008 WED 10:54 AM Sanger & Olson FAX NO 415 693 9322 P. 06
1 (3) removal of all alterations to the CMS included in the S AH PC project referred to in Paragraph
2 2.b. Such actions demonstrate compliance with the Peremptory Writ of Mandate.
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4 5. In accordance with Code of Civil Proced ure sections 1032(a)(4), 1084.5 and
5 1095, and consistent with the discretion that section 1032(a)(4) gives the co (see Lincoln v.
6 Schurgin (1995) 39 Cal.App.4th 100, 105), the court apportions costs based on the degree to
8 University has prevailed on the bulk of Petitioners' claims, the Court awards the University
9 eighty-five percent of its costs, which shall be borne by Petitioners as follows: one-third by City
10 of Berkeley, one-third by Panoramic Hill Association and one-third by California Oak
11 in Code of
Foundation, et al. Costs are determined in accordance with the procedures set forth
12 Civil Procedure sections 1032, 1033 and 1033.5, and the corresponding Califo rni a Rules o f
13 Court. Any p arty wishing to seek attorney fees may do so by noticed motion.
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15 6. On July 23, 2008, after the Court issued its July 22, 2008, Judgment, Petitioners
16 filed a Motion to Vacate Judgment and for New Trial.
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18 7. On August 8, 2008, the Court issued its Order to Show Cause Why Court Should
19 Not Enter Amended J udgment.
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21 8. On August 15, 2008, Petitioners withdrew their Motion to Vacate Judgment and
22 for New Trial.
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24 9. Also on August 15, 2008, Respondents filed a Notice of Respondents' Decision
25 Not to File a Supplemental Return, in which they indicated that they would not file the
26 supplemental return that the Court authorized them to file in paragraph 5 of the July 22, 2008,
27 Order A fter Hearing.
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Case No. RG 06301644: RESPONDENTS' [PROPOSED] AMENDED JUDGMENT
AUG-20-2008 WED 10:54 AM Sanger & Olson FAX NO. 415 693 9322 P. 07
1 10. On August 19, 2008, Petitioners filed a Response to Order to Show Cause.
3 11. Also on August 19, 2008, Respondents filed a Response to Court's August 8
7 8, 2008, Order to Show Cause, the preliminary injunction entered on February 9, 2007, is
8 dissolved.
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DATED: 2008
12 . BARBARA J. MILLER
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Case No. RG 06301644: RESPONDENTS' [PROPOSED] AMENDED JUDGMENT
AUG-20-2008 WED 10:54 AM Sanger & Olson FAX NO, 415 693 9322 P. 08
5 Jo , Esq.
At orn- or Respondent
6 THE REGENTS OF THE
UNIVERSITY OF CALIFORNIA;
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UNIVERSITY OF CALIFORNIA,
8 BERKELEY; and EDWARD J.
DENTON, in his official capacity
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Case No. RG 06301644: RESPONDENTS' [PROPOSED] AME ND ED JUDGMENT
AUG-20-2008 WED 10:54 AM Sanger & Olson FAX NO, 415 693 9322 P. 09
PROOF OF SERVICE
2 I, Whitney Carlson, the undersigned, declare under penalty of perjury under the laws of
the State of California that the following statements are true and correct:
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I am at least 18 years of age and am not a party to the within action.
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2. My business address is Sanger & Olson, 576 Sacramento Street, Seventh Floor,
5 San Francisco, California. My mailing address is Sanger & Olson, 576 Sacramento Street,
Seventh Floor, San Francisco, California 94111-3023.
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3. On August 20, 2008 I served the attached document(s) entitled:
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RESPONDENTS' [PROPOSED] AMENDED JUDGMENT
on the following named persons in this action:
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Michael R. Lozeau, Esq. Kelly L. Drumm, Esq.
10 LOZEAU DRURY, LLP UNIVERSITY OF CALIFORNIA
1516 Oalc Street, Suite 216 1111 Franklin Street, 8th Floor
11 Alameda, California 94501 Oakland, CA 94607-5200
Fax: (510) 749 -9103 Fax: (510) 987-9757
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Stephan C. Volker, Esq. Harriet A. Steiner, Esq.
13 LAW OFFICES OF STEPHAN C. MCDONOUGH HOLLAND & ALLEN
VOLKER PC
14 436 —14 fl' Street, Suite 1300 555 Capitol Mall, 9 1h Floor
Oakland, CA 94612 Sacramento, CA 95814
15 Fax: (510) 496-1366 Fax: (916) 444-8334
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X _ BY MAIL by placing said copy in a sealed envelope for collection and processing for
17 mailing and, being familiar with my employer's mail collection and processing practices, know
that said mail is collected and deposited with the United States Postal Service on the same day it
18 is dated, and know that postage thereon is fully prepaid.
19 BY PERSONAL SERVICE by causing the same to be personally served by on the
above-named person at the above-stated address on this date.
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X BY FACSIMILE by transmitting the same by facsimile transmission to the above-named
21 person at the above-stated fax number, and received a printed confirmation of successful
facsimile transmission.
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BY OVERNIGHT MAIL by causing the same to be served via overnight mail on the
23 above-named person at the above-stated address on this date.
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I declare under penalty of perjury under the laws of the State of California that the
25 foregoing is true and correct. Executed this 20th day of August 2008 at San Francisco,
California. /1
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son
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