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Correspondence - CS #2
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Correspondence - CS #2
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5/18/2021
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Case 8:18-cv-00155-DOC-JDE Document 390 Filed 05/08/21 Page 2 of 2 Page ID #:4454 <br />UNITED STATES DISTRICT COURT <br />CENTRAL DISTRICT OF CALIFORNIA <br />CIVIL MINUTES — GENERAL <br />Date: May 8, 2021 <br />Page 2 <br />Plaintiff first requests an Order finding City to be in violation of the settlement. <br />This Court does not find it appropriate to intervene in a nuisance abatement action <br />involving private property having been decided by the Superior Court on Friday, May 7, <br />2021. The State Court order does not relate to the Federal Court Consent Decree. <br />Accordingly, Plaintiff s request is DENIED. <br />Second, Plaintiff requests the Court to suspend City action that would displace <br />people pending 450 beds. Pursuant to Section four under "Enforcement of Anti -Camping <br />Ordinances", the City shall "prior to enforcement of the Anti -Camping Ordinances <br />against any homeless individual, [O&E Personnel will] locate and offer an available and <br />appropriate placement in the City for the individual in question." See Settlement at 7. "If <br />the individual declines the offered placement, the City may proceed with enforcement of <br />the Anti -Camping Ordinances in its sole discretion subject to the dispute resolution <br />process detailed herein." Id. at 2-8. Therefore, the City may not enforce until they have <br />complied with the terms of the Settlement and have 450 bed spaces available. This instant <br />action is not enforcement of the anti -camping ordinance, but the order of abatement from <br />the Superior Court. The City's stated position is that it will not enforce in violation of the <br />settlement. The City is ORDERED to file its position formally on the docket. <br />Finally, Plaintiff requests sanctions with attorneys' fees and other actions. This <br />request is held in abeyance pending the outcome of this dispute. <br />The Court ENCOURAGES that the City of Santa Ana open shelter immediately <br />for the benefit of the displaced homeless population and the citizens of Santa Ana. <br />The Clerk shall serve this minute order on the parties. <br />MINUTES FORM 11 <br />CIVIL-GEN <br />Initials of Deputy Clerk: is <br />
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