NOVEMBER 6, 2017
Who: Apartment Owners Association of California & Business Owners
What: Injunction against LA Commercial Trash Franchise Court Hearing.
Where: LA Superior Court Dept 307, 600 Commonwealth, Los Angeles, CA
When: November 7, 2017 1:30PM
Contact: David Hernandez 818 448-3403
As Commercial Business Owners, Housing Providers and Non-Profits suffer from a mismanaged and unfair roll out of the new Los Angeles Exclusive Trash Franchise, the Injunction to halt the process will be heard.
Failure to pick up customers trash for weeks on end is becoming the norm as we enter the fourth month of the roll out.
Price increases as high as 100% to 600 % are also becoming the norm.
The case will be heard in Department 307 by Judge Maren E. Nelson. Attorney Carolin Shinning representing the Apartment Owners Association of California will argue for returning all fees back to the January 1, 2017 rate as well as other issues to bring the Ordinance in compliance with California Proposition 218.
Following the hearing, a press conference will be held outside the court house to provide a briefing on the case, the judge’s decision and the course of actions to be taken going forward.
As thousands of Housing Providers and Business Owners become aware of the new ordinance, frustration and anger mounts throughout the City of Los Angeles.
A Ballot Initiative Petition to Repeal and Replace the Exclusive Ordinance with a Non-exclusive Initiative has been certified for circulation by the Los Angeles City Clerk, but is being held pending the outcome of the litigation.
David Hernandez a community advocate from the San Fernando Valley, who has been leading the fight against the Los Angeles Commercial Trash Franchise for two years, states, the battle will continue against the closed monopolized system either in the courts or at the ballot box. We will not stop until we succeed in bringing freedom of choice back to the commercial trash customers in the City of Los Angeles.
Los Angeles Exclusive Trash Franchise
Challenge Up Date
November 12, 2017
Greetings, supporters of the effort to Stop the Los Angeles Commercial Trash Monopoly.
The Legal Challenge was filed in the Los Angeles Superior Court, Case number BC664070. The case is being heard by Judge Maren E. Nelson in Department 307, 600 Commonwealth Ave Los Angeles CA. 90005.
It was based on a Violation of Prop. 218 of the California Constitution. The City of Los Angeles did not follow the Prop 218 requirements when formulating and passing the Ordinance.
There are specific requirements for a Municipality to follow when raising or passing a Tax, even if they do not call it a “Tax”.
There are 12 violations of Prop 218 on the part of the City, and the Department of Sanitation. The case is making its way through the Court, and the “Status Hearing” is set for December 15th in Department 307.
In the interim, due to the extreme hardships suffered by commercial customers, lack of trash pickup, rate increase of 100% to 700% we took a “bold move” and filed for an Injunction to halt the rate increases and allow trash to be collected until the trial.
We have submitted over 600 pages of arguments and evidence covering all violations and challenges being faced by customers.
The Judge denied our Motion for an Injunction at the November 7th hearing. She did not see how this constituted a Tax on the part of the City.
The City Attorney argued that the City was not receiving money in the form of a Tax or Fee. A Sworn Statement was submitted to that effect by the City.
The example given was the plastic the bag ordinance, in which a charge for a paper bag was charged by the market, and the market kept the money, not the city.
Based on this argument the motion was denied.
The City’s argument is completely without merit; as the city collects 12% of the gross from the Franchise Haulers! The Judge based her decision to deny the motion on this false and misleading claim by the city.
The process to appeal the decision to the same judge would most likely not prove successful. We will move forward to the main cause of action on December 15h.
A major announcement concerning the legal challenge, will be made before the end of the month.
In addition to the legal challenge we will be announcing the Petition Drive to Repeal the Exclusive Franchise on Monday.
Our battle continues full force!
David Hernandez Chairman, Committee for Accountability and Good Government in Los Angeles PO Box 9694, North Hollywood, CA 91609.
Los Angeles Exclusive Trash Franchise
Has been Filed and Served
June 6, 2017,
Dear Friends and Supporters
Today marks a milestone in our challenge to the Exclusive Trash Franchise in Los Angeles.
After much consideration and legal research, we believe we have presented the City of Los Angeles with a sound and viable Proposition 218 Challenge for the way in which they adopted the Ordinance creating the Exclusive Trash Franchise for the Commercial Businesses in this City.
Instead of placing it on the ballot to be voted upon by the people, members of the City Council took it upon themselves to pass this dramatic change in how Commercial Trash is collected and with it, a major increase in fees.
The Complaint for Injunction was filed in the Los Angeles Superior Court and was assigned case number BC664070.
The Legal Challenge is on and the pace and need for Funding will be ongoing. The Defendants, have an army of Attorneys and an almost unlimited access to your Tax Dollars to defend their actions.
Thank you if you have contributed to the effort in the past. Now that the battle is center stage, we need your financial support more than ever.
You can contribute on -line at our web site or by mail.
If you can contribute to the Legal Challenge, send your check to the Committee for Accountability and Good Government in Los Angeles, PO Box 9694, North Hollywood, CA 91609.
Please write Legal Fund on the check. Contributions are not Tax Deductible but vital.
David Hernandez, Chairman,
Paid for by the Committee for Accountability Good Government in Los Angeles ID# 1334520
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