(December 4, 2003) -- The CA Supreme Court has announced it will let stand a major LB City Attorney win in the Court of Appeal (City of LB vs. CA Citizens for Neighborhood Empowerment (CCNE)) upholding City Hall's power to enforce Prop M (LB's Political Reform Act) to activities of independent political committees (not controlled by a candidate).
The Supreme Court refused to hear CCNE's appeal of the Court of Appeal ruling...and refused to "depublish" the Court of Appeal opinion that upheld LB's position, meaning it can be cited as legal precedent in future cases.
"We will now go forward with discovery," City Attorney Bob Shannon told LBReport.com. The depositions will include CCNE Treasurer Kinde Durkee and further depositions are expected.
The CCNE case was closely watched because it affected the future of LB's Prop M as applied to activities of independent political committees (not controlled by candidate). City Attorney Shannon argued the case personally before the three judge appellate panel in July.
The high court activity stemmed from a civil enforcement suit brought by City Hall under Prop M against CCNE, stemming from independent activity supporting then-Mayoral candidate Dan Baker (not alleged with any wrongdoing) in the April 2002 Mayoral race.
The Court of Appeal ruled the enforcement action was not subject to dismissal under the state's anti-SLAPP suit law. LBReport.com has previously posted the Court of Appeal opinion which the Supreme Court has now allowed to stand as precedent in subsequent cases: Court of Appeal opinion in City of LB v. CCNE et al. [9 pages]
A separate challenge to Prop M by the CA Republican Party is currently pending in the Court of Appeal and could be affected by the Supreme Court's order. The Court of Appeal indicated it would await the Supreme Court's decision in the CCNE case before acting on the CA GOP's challenge (on different facts but with similar logic) to Prop M's applicability to actions of the political party.
Read Briefs By Both Sides In City of LB Appeal Of Lower Court Dismissal Of City's Prop M (LB Campaign Reform Act) Civil Enforcement Action Against CCNE
Court of Appeal Hears Oral Argument In CCNE / LB Campaign Reform Act Case