Thursday, January 10, 2008
DOWN IN FLAMES - Gallegos has lost his appeal.
Gallegos Loses, Hank has it first. TS has it, Eric's also picked it up, Nothing - zip zero nada from heraldo.
The First Appellate Court has just weighed in on the landmark fraud suit brought by District Attorney Paul Gallegos against Pacific Lumber. Gallegos has lost. The trial court decision to toss the case on demurrer was affirmed in full.
The Mother of All Long Term Projects has come to an end.There's a CD of the proceedings. More to come. You should all hear it.
Case information P. ex rel. Gallegos v. Pacific etc. 1/10/08
Source, doc file also available
In concluding, the Appeals Court found that:
Given the undisputed presence of disinterested decision-makers at the CDF as well as other state agencies, the extensive independent review and analysis of Pacific Lumber’s proposed harvesting plan, the public hearing open to all interested persons and agencies, and the review process that was available for correcting any identifiable errors including misrepresentations) in a timely fashion, we are thus disinclined to conclude the CEQA proceedings were rendered illegitimate by Pacific Lumber’s alleged submission of raudulent data – which indeed was corrected over a month before issuance of the CDF’s ultimate decision.
In reaching this decision, we agree with the State that the trial court had no discretion to weigh the evidence in ruling on Pacific Lumber’s demurrer. However, “while the court does not weigh evidence, it must determine whether plaintiffs have demonstrated evidence which, if credited, would justify their prevailing at trial.” (Blanchard v. DIRECTV, Inc. (2004) 123 Cal.App.4th 903, 921.) Here, for the reasons discussed above, we conclude the State’s evidence, even if credited, would not justify its prevailing at trial. Further, we conclude the State has failed to prove, on its third try, a reasonable possibility that the operative pleading’s defect can be cured by amendment. Blank, supra, 39 Cal.3d at p. 318.) As such, we affirm the trial court’s judgment.
The judgment is affirmed.
See Gallegos' Complaint and Appeal in the sidebar for links to all the filings, amendments and briefs, as well as the decision.
How long before he files a Petition For Review before the California Supreme Court?