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Added
12-11-08
Fullerton
Documents - Set # 3
2008 Appeals
Decision - People v. Franco
This
case is an example of a foundational defense (see Defect
# 6 and Defect # 10 - B on the Home page).
To my
knowledge this is the first favorable appellate
decision, anywhere in California, regarding the
legality of a cost-neutral contract. This decision
caused the City of Fullerton to close its red light
camera program.
This decision is final but has not been
published, so cannot be cited as precedent in other
cases, except possibly
in Orange County "cost-neutral" cities such as
Fullerton, San Juan Capistrano (tickets up to Feb. 2,
2009 only), and Laguna Woods. The general issue of
which decisions get published, and which don't, is under
study. See nonpublication.com
for more information.
The decision was under attack by the City; see the
City's Petition and Denial linked below.
Click on
these links for the documents in the Franco appeal
(chronological order):
Appellant's
Motion
to Augment the Record
Opening Brief
Appellate
Judge's Decision
TheNewspaper.com
Article
OC
Register
Article,
Feb. 2, 2009
Staff
Report
-
Proposed Contract Amendment
City's
Petition
for
Writ of Mandate
Around May 7, the District Court of Appeal decided:
"The petition is DENIED without prejudice to petitioner
first filing a motion to recall the remittur in the lower
court."
Contract
Terminated:
OC
Register Article, June 16, 2009
City's
Motion
to
Recall Remittur
Denial
of
City's
Motion to Recall Remittur, Aug. 14, 2009
This is the compensation section from
the Fullerton contract (note that on Feb. 3, 2009 the
Fullerton city council considered, but did not adopt, an
amendment to the contract - see staff report at link
above):
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FROM ADDENDUM # 3 TO THE
CONTRACT SIGNED WITH NESTOR ON 1-16-07, RECEIVED
AT HIGHWAYROBBERY.NET ON 11-28-07.
4.2.
The program will be operated as a safety
program. In addition, most communities regularly
look for ways to create efficiencies and control
spending. For these reasons, NTS [Nestor]
will perform an initial annual financial review of
the program on the first anniversary of this
Addendum, and every twelve months after the first
annual review, and agrees to renegotiate its
service fees (down or up, but not to exceed the
service fees in Section 4.1) if it is determined
that fees paid to NTS exceed net program revenues
being realized. If requested by NTS, the
CITY agrees to provide alternate intersection
approaches and, subject to mutual agreement,
support the relocation of poor performing
approaches. If the
parties are unable to agree on a renegotiated fee,
the City will have the right to terminate the
agreement upon thirty (30) days written notice
with no termination or cancellation fee |
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long as credit is given to highwayrobbery.net .
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RED LIGHT
CAMERAS
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