Free Motion for Preliminary Injunction - District Court of California - California

Case 3:07-cv-02174-H-BLM

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Filed 11/29/2007

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CENTER FOR PUBLIC INTEREST LAW UNIVERSITY OF SAN DIEGO SCHOOL OF LAW ROBERT C. FELLMETH, SBN 49897 [email protected] ED HOWARD, SBN 151936 JULIANNE D'ANGELO FELLMETH, SBN: 109288 5998 Alcala Park San Diego, CA 92110 Telephone: (619) 260-4806 Facsimile: (619) 260-4753 SULLIVAN, HILL, LEWIN, REZ & ENGEL A Professional Law Corporation DONALD G. REZ, SBN 82615 [email protected] 550 West "C" Street, Suite 1500 San Diego, CA 92101 Telephone: (619) 233-4100 Facsimile: (619) 231-4372 Attorneys for Plaintiffs HULETT HARPER STEWART LLP DENNIS STEWART, SBN: 99152 [email protected] JENNIFER A. KAGAN, SBN: 234554 [email protected] 550 West C Street, Suite 1600 San Diego, CA 92101 Telephone: (619) 338-1133 Facsimile: (619) 338-1139

IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA MICHAEL SHAMES; GARY GRAMKOW; Case No. 07CV2174H(BLM) JOHN DOE 1, on behalf of themselves and on behalf of all persons similarly situated, PLAINTIFF MICHAEL SHAMES'S NOTICE OF MOTION AND MOTION Plaintiffs, FOR A PRELIMINARY INJUNCTION v. HERTZ CORPORATION, et al., Defendants. DATE: TIME: JUDGE: CTRM: January 7, 2008 10:30 a.m. Honorable Marilyn L. Huff 13

Case 3:07-cv-02174-H-BLM

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TO ALL DEFENDANTS AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on January 7, 2008 at 10:30 a.m. or as soon thereafter as this matter may be heard, before the Honorable Marilyn L. Huff in Courtroom 13 of this Court, located at 940 Front Street, San Diego, California, 92101, Plaintiff Michael Shames ("Plaintiff") in the above-captioned matter will, and hereby does, respectfully move for a preliminary injunction preventing Defendant California Travel and Tourism Commission (hereinafter, the "CTTC") and its officers, employees, and representatives from violating the Bagley-Keene Open Meeting Act, found at California Government Code §§ 11120, et seq. (hereinafter, the "Act"), expressly made applicable to the CTTC at California Government Code § 13995.40(q). Plaintiff moves for a preliminary injunction on the following grounds: 1. 2. Plaintiff is a resident of the State of California. The Act requires the CTTC to conduct its business openly. To that end, the Act

permits members of the public such as Plaintiff to attend meetings of the CTTC and establishes certain requirements for notifying the public as to when such meetings are scheduled to occur. As well, agenda items must be described with sufficient specificity to apprise the public of the topics to be discussed at CTTC meetings. The Act also restricts when closed sessions may occur and imposes requirements on teleconferences and Internet postings. 3. Plaintiff has filed a complaint in this Court alleging that the CTTC committed

numerous violations of the Act. The complaint seeks, in part, a declaration that certain meetings violated numerous provisions of the Act, injunctive relief prohibiting further violations, and attorneys' fees. Pursuant to 28 U.S.C. § 1367(a), this Court has pendent jurisdiction over the claims arising out of alleged violations of the Act. 4. 5. The CTTC has slated another meeting for January 23-24, 2008, in Sacramento. Plaintiff is entitled to a preliminary injunction because he is likely to succeed on

the merits of his claim that the CTTC has violated the Act and because the equities weigh strongly in favor of enforcement of the Act and against violation of it by the CTTC. This Motion is based on this Notice of Motion and Motion, the Memorandum of Points and Authorities, the declarations submitted herewith detailing the numerous violations of the Act, the 1 07CV2174H(BLM)

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Court's papers and files in this case, the arguments of counsel and any other matters the Court may properly consider. For these reasons, Plaintiff requests that this Court enter a preliminary injunction enjoining the CTTC and its officers, employees, and representatives, from violating the Act until resolution of this action or further order of this Court. DATED: November 29, 2007 HULETT HARPER STEWART LLP DENNIS STEWART JENNIFER A. KAGAN /s/ Dennis Stewart DENNIS STEWART 550 West C Street, Suite 1600 San Diego, CA 92101 Telephone: (619) 338-1133 Facsimile: (619) 338-1139 CENTER FOR PUBLIC INTEREST LAW UNIVERSITY OF SAN DIEGO SCHOOL OF LAW ROBERT C. FELLMETH ED HOWARD JULIANNE D'ANGELO FELLMETH 5998 Alcala Park San Diego, CA 92110 Telephone: (619) 260-4806 Facsimile: (619) 260-4753 SULLIVAN, HILL, LEWIN, REZ & ENGEL A Professional Law Corporation DONALD G. REZ 550 West "C" Street, Suite 1500 San Diego, CA 92101 Telephone: (619) 233-4100 Facsimile: (619) 231-4372 Attorneys for Plaintiffs

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