Sunday, May 19, 2013

So much for compromise (BCS 2013-14 Litigtion)

2013-14 BCS Complaint, Part I

To borrow a phrase, "so much for compromise". 

The BCS litigation for the 2013-14 school year makes a complete mockery of their $300,000 PR campaign this spring.  They widely touted their willingness to "compromise", and not close an LASD school.  This week, their new attorneys filed a motion for judgement for the first of two causes of action.  The crux of the filing is to claim that the LASD offer is not compliant with Prop 39 because it offers them space on two locations.  They're demanding a contiguous site.  Since we don't have an empty site, that can only mean one thing- closing a high-performing neighborhood school to hand it over to BCS.

The current filing does not ask the courts to rule on part II, their CEQA complaint.  They've reserved that for later.

It's worth noting that the BCS action on this will be led by John Lemmo of Procopio, Cory, Hargreaves, & Savitch, LLP.  How deeply involved Morrison & Forrester will be (and the impact of this change) remains to be seen. 

As is my custom, I'm not going to provide specific commentary on the legal aspects of the BCS argument.  The District will be filing a response in due course, and we'll be in front of the judge quickly.  I am trying to get some clarity on exact dates- I believe this might be in a courtroom in June.  I'll definitely keep folks posted.

Here are the documents.

Memorandum and Points (the actual argument)
Motion for Judgement
Declaration of John Lemmo  
Request for Judicial Notice
Proof of Service

Updated at 1:12pm - Having gotten through some additional emails, it appears that we will be in court on June 20 for this matter.  I'm looking forward to the chance to have the courts hear this issue.