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Added 9-10-08

Santa Ana Documents - Set # 2

2008 Appeals Decision - People v. Anna V.

This case is an example of a foundational defense (see Defect # 6 and Defect # 10 on the Home page).

It is similar to People v. Fischetti.

The defendant fought the ticket based upon a number of foundational objections, among them that Vehicle Code Section 21455.5 says, in part:  "Prior to issuing citations under this section, a local jurisdiction utilizing an automated traffic enforcement system shall commence a program to issue only warning notices for 30 days."

(21455.5 doesn't make it clear whether a city having a pre-existing system is required to issue warning tickets when it adds a new camera.)

In August 2008 the Appellate Division ruled in favor of Defendant/Appellant Anna V., that Santa Ana erred when it failed to provide 30 days of warning tickets when it added the camera that ticketed the Defendant.   The court did not comment upon the defendant's other foundational arguments.

The August 2008 Anna V. decision was the second time the Orange County Appellate Division had ruled on the warning ticket issue.  The first time was in the 2005 Fischetti case involving a Costa Mesa ticket.  In December 2008 the Appellate Division ruled a third time - on a new ticket received by Fischetti, this one in Santa Ana.

  This decision has not been published, so cannot be cited as precedent in other cases, except possibly in Orange County.  The general issue of which decisions get published, and which don't, is under study.  See for more information.

Click on these links for the documents in the Anna V.  appeal (these are in chronological order):
Trial Judge's Written Decision
Appellant's Opening Brief - .txt file   .pdf file
City's Response Brief - Not Filed
Appellant's Closing Brief - Not Filed
Appellate Judge's Decision

These materials may be freely copied and distributed, so long as credit is given to .

Many other cases and /or transcripts are available - see the Index to Transcripts, Briefs, and Court Decisions.

For more details about the City of Santa Ana, see Santa Ana's entry on the Camera Towns page.