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CORRESPONDANCE - 85B
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CORRESPONDANCE - 85B
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1/21/2020
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Case <br />DE Document 340 Filed 09/23/19 Page 7 of 20 Page ID #:3756 <br />1 service and care. of the poor in Orange County, and that the individual O.CCW <br />2 .plaintiffs are homeless individuals residing: is Orange .County.. The UCCW'FAC <br />3 alleges; inter alia, that.defendants,, and each of them, have violated the OCCW <br />4 plaintiffs' rights by enforcing various laws against.them, including trespass, <br />5 loitering, and/or anti -camping ordinances; at tirnes when, according to the OCCW <br />6 plaintiffs, there were no. immediately accessible and appropriate beds available to <br />7 them in Orange County. The City of Santa Ana .disputes the factual allegations and <br />8 .legal. contcntions rnade.by QCC.W in the OCCW FAC. <br />9 H. WHEREAS, the. OCCW FAC includes the following causes of action <br />10 agai`nst the City of Santa Ana as, well as other defendants: (1) violation of the <br />11 .Eighth and Fourteenth Amendments to the U.S. Constitution, and Article VII, <br />12 section l7`of the California Constitution for.alleged"orael and unusual <br />13 .punisbmetif (2) violation. ofthe.First. and Fourth Amendments to the U.S. <br />14 Constitution; (3) violation of the right to due process of law under the Fourteenth <br />15 Amendment to the U.S.:Constitution; (4) violation of `California Civil Code section <br />16 52,1.; (5) violation of California Government Code section 815.6; and (6) violation <br />17 of California Government Code section. 11135'. Defendant City :of Santa Ana. <br />1.8. .disputeseach and every claim for relief in the OCCW` FAC in its entirety.and <br />19 .disputes OCCW'.s underlying. legal contentions and tbeoiies. <br />2Q I. WHEREAS, the Cities of Anaheim, Costa Mesa., Orange, ;and Tustin <br />21. have: each entered into separate settlement agreements with OCCW all of which <br />22 have been. approvedby the. Court. <br />23 J. WHEREAS:, the North,SPA Cities havecollectively-entered into.a. <br />24 .settletnent.4groetnent With OCCW that has been approved by the Court. <br />25 K. WHEREAS, the City of.Santa Ana has voluntarily dismissed all those <br />26. parties io the Cross- Complaint that were served such that the County remains the <br />27 :sole cross -defendant that has. been served with the Cross -Complaint. <br />28 <br />4 <br />
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