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If you haven't already done so, please read Defect # 6 and Defect # 10 - B on the
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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 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 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):



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

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 Fullerton, see Fullerton's entry on the Camera Towns page.