Time for an update on the Fabbrini case. An interested citizen was in the courtroom yesterday when the hearing took place in the Fabbrini case on his Motion for Preliminary Injunction. This is the information I received from that citizen. Attorney Janine Ogando appeared with plaintiff Fabbrini. Alex Hughes appeared telephonically for the defendants. Siskiyou County Presiding Judge Laura Masunaga was on the bench. The Motion was a request for essentially the same relief that Fabbrini made in July when he requested a Temporary Restraining Order against Brenda and the City. The original attorney for the City Manager and Mayor, Robert Winston, successfully defended against that. The primary difference is that a TRO would have remained in effect for only a few weeks, while a Preliminary Injunction would usually remain in effect until a final disposition of the case. In essence, Fabbrini asked the court to order the defendants to hold meetings according to the city councils published schedule, not cancel them, not adjourn them, and not relocate them. He also asked that the council be ordered to comply with the Brown Act. Ogando, requested permission from the court to present live testimony to bolster the evidence, in the form of declarations she had offered insupport of her Motion, but the judge indicated she would not allow thatbecause Ogando had not given the required three days written notice tothe court and opposing counsel. The judge put Ogando to the choice ofeither continuing the hearing for a week or more to allow time for testimony, or proceeding today on the content of her written motion, supporting declarations, and oral argument. She chose the latter. Attorney David Hicks had been subpoenaed by Ogando to testify today, but as a result of the judges ruling he did not do so. Instead, he observed the proceedings and slipped a note or two to Ogando during her presentation. Also present was ex-City Councilor Leslie Wilde. It is unknown whether she had been subpoenaed or was there merely as a spectator. Ogando proceeded first with her oral argument. In her first turn, she read from a prepared brief. After Hughes presented a brief but clear argument, Ogando was given time for rebuttal, which she used in order to argue her clients cause extemporaneously. Court observers opined that her presentation was disjointed and not at all compelling. A member of the court staff was overheard wondering if Oganda was a new lawyer (she is not). Judge Masunaga will issue a written decision within 90 days. It may be too early to tell, but it is satisfying imagining that Mr. Fabbrini got the legal representation he deserves.
Posted on: Wed, 20 Aug 2014 08:25:23 +0000
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