Friday, September 28, 2012

BCS Trial Date

OK, It's not the Super Bowl, or the date of the next Justin Bieber concert.  Nonetheless, it's the date we've all been waiting for.  The District's attorneys tell me that we have a date in court.

On October 30, 2012, we will actually have two hearings with Judge Lucas.  First, there's the attorney's fees from the 2009-10 case.  BCS has asked the court to award $1.3M, and the District is seeking discovery so that we can see whether that figure is warranted.  Since BCS has refused to provide information we need to make that assessment, we've asked Judge Lucas to compel BCS to comply.   She will hear the District's motion on Oct 30th.

And because she loves hearing from us (or, perhaps, because she's going to have all of her vegetables in one sitting), we'll be having a second hearing on the same day.  Given that Judge Lucas ruled against BCS from the Aug 30 motion, BCS filed a new lawsuit to complain about their facilities for 2012-13.  The Judge rightly decided that she could not evaluate that offer under the sham proceeding that BCS attempted to use on August 30, but that she needed to hear a full set of facts.  BCS clearly knew that was the case also, because they filed their new lawsuit before the Judge had even finished ruling on their previous efforts.

This is a hearing I'm really looking forward to having.  I strongly believe that the 2012-13 offer is fully compliant with Prop 39, and I look forward to having a judge weigh the facts and confirming what we already know.  We also will be bringing a cross-complaint to discuss the semi-private nature of BCS's program, and asking the court to clarify what our obligations are in light of their behavior.  The community has been seeking clarity on that question for 8 years, and it's time we get an answer from the courts.

So, mark your calendar.  I'll definitely be there, and I look forward to an exciting day!