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1 <br />2 <br />3 <br />4 <br />.51! <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />service and care of the poor in Orange County, and that the individual OCCW <br />plaintiffs are homeless individuals residing in Orange County. The OCCW FAC <br />alleges, inter alia, that defendants, and each of them, have violated the OCCW <br />plaintiffs' rights by enforcing various laws against them, including trespass, <br />loitering, and/or anti -camping ordinances, at times when, according to the OCCW <br />plaintiffs, there were no immediately accessible and appropriate beds available to <br />them in Orange County. The City of Santa Ana disputes the factual allegations and <br />legal contentions made by OCCW in the OCCW FAC. <br />H. WHEREAS, the OCCW FAC includes the following causes of action <br />against the City of Santa Ana as well as other defendants: (1) violation of the <br />Eighth and Fourteenth Amendments to the U.S. Constitution, and Article VII, <br />section 17 of the California Constitution for alleged "cruel and unusual <br />punishment"; (2) violation of the First and Fourth Amendments to the U.S. <br />Constitution; (3) violation of the right to due process of law under the Fourteenth <br />Amendment to the U.S. Constitution; (4) violation of California Civil Code section <br />52.1; (5) violation of California Government Code section 815.6; and (6) violation <br />of California Government Code section 11135. Defendant City of Santa Ana <br />disputes each and every claim for relief in the OCCW FAC in its entirety and <br />disputes OCCW's underlying legal contentions and theories. <br />I. WHEREAS, the Cities of Anaheim, Costa Mesa, Orange, and Tustin <br />have each entered into separate settlement agreements with OCCW, all of which <br />have been approved by the Court. <br />J. WHEREAS, the North SPA Cities have collectively entered into a <br />settlement agreement with OCCW that has been approved by the Court. <br />K. WHEREAS, the City of Santa Ana has voluntarily dismissed all those <br />parties to the Cross -Complaint that were served such that the County remains the <br />sole cross -defendant that has been served with the Cross -Complaint. <br />rd <br />25H-7 <br />