Tag Archives: Treasurer Bill Lockyer

May 23 Is Date for Oral Arguments: California High-Speed Rail Authority et al. v. The Superior Court of Sacramento County

The 3rd Appellate District Court for the State of California announced on April 28 that oral arguments in California High-Speed Rail Authority et al. v. The Superior Court of Sacramento County are scheduled for Friday, May 23.

This is the case which started when California Governor Jerry Brown, California Attorney General Kamala Harris, California Treasurer Bill Lockyer, and the California High-Speed Rail Authority asked the California Supreme Court under an extraordinary petition to allow the state to issue (sell) Proposition 1A bonds to fund California High-Speed Rail. (In October 2013, a Sacramento County Superior Court judge had blocked the sale of the bonds through two decisions ruling that the California High-Speed Rail Authority has failed to comply with Prop 1A.) The California Supreme Court wasn’t impressed: it sent the Governor’s petition to the appeals court where it belonged.

Track the case at this link: California High-Speed Rail Authority et al. v. The Superior Court of Sacramento County – Case Number C075668

Supporting the Rule of Law:

Members of Citizens for California High-Speed Rail Accountability (CCHSRA)
County of Kings
Howard Jarvis Taxpayers Association
County of Kern
Eugene Voiland
Kings County Water District
Union Pacific Railroad Company
First Free Will Baptist Church in Bakersfield

Supporting Governor Brown and the California High-Speed Rail Authority:

Peninsula Corridor Joint Powers Board
San Mateo County Transit District
Metropolitan Transportation Commission (San Francisco Bay Area)
Santa Clara Valley Transportation Authority
City and County of San Francisco
State Building and Construction Trades Council of California, AFL-CIO
Cathleen Galgiani, member of the California State Legislature
Los Angeles County Metropolitan Transportation Authority
Southern California Association of Governments

Court Rejects Governor Brown’s Arguments to Skirt Court Decision and to Let State Borrow Money for California High-Speed Rail

While Governor Brown and a majority in the California legislature seem to tolerate the California High-Speed Rail Authority’s violations of state law, the judicial branch of California government recognizes that the Authority is failing to comply with Proposition 1A.

On April 15, 2014, the California 3rd District Court of Appeal rejected an extraordinary appeal backed by Governor Jerry Brown, Attorney General Kamala Harris, Treasurer Bill Lockyer, and the California High-Speed Rail Authority. These top state officials wanted the appeals court to suppress two decisions of a lower court so the state could borrow money for the High-Speed Train Program by selling bonds.

The Docket (Register of Actions) for California High-Speed Rail Authority et al. v. The Superior Court of Sacramento County (Case No. C076042) states the following:

The Petition for Extraordinary Writ of Mandate or Other Appropriate Writ is denied. The standard of review for a judgment on the pleadings is the same as for a judgment following sustaining of a demurrer; we look only to the face of the pleading under attack. [Citations.] … All facts alleged in the complaint are admitted for purposes of the motion and the court determines whether these facts constitute a cause of action. [Citations.] (Hughes v. Western MacArthur Co. (1987) 192 Cal.App.3d 951, 954-955.) The parties’ motions for judicial notice are denied. RAYE, P.J. (RoBu) … Case Complete.

In 2013, a Sacramento County Superior Court judge found that the California High-Speed Rail Authority failed to comply with provisions of Proposition 1A, the “Safe, Reliable High-Speed Passenger Train Bond Act,” approved by 52.7% of California voters on November 5, 2008. (See links to these court decisions, below.)

Governor Brown and the California High-Speed Rail Authority wanted the court to disregard the promises the state legislature made to California voters when it placed Proposition 1A on the ballot. In their mindset, the vote of the people to authorize the state to borrow money for California High-Speed Rail overrides the burden to actually comply with the law. In fact, desperate supporters of the project are increasingly making this “democratic” argument.

But we still live in a constitutional republic, not a democracy, and the courts will not allow the California High-Speed Rail Authority to spend money in a way that violates the law. It does not matter how many politicians or political activists support the bullet train or how “important” or “innovative” this $68 billion San Francisco to Los Angeles train will be for humanity.

Ultimately, the California High-Speed Rail Authority will have to follow the law, ask voters to change the law, or shut down operations until new people are governing the state.

News Media Coverage

Appeals Court Denies Petition, Clears Way for High-Speed Rail Trial by Tim Sheehan in the Fresno Bee – April 16, 2014

Court Refuses Appeal of High-Speed Rail Project: Part 2 Prop 1A Lawsuit Will Proceed by Kathy Hamilton in www.Examiner.com – April 16, 2014

What is Governor Brown Trying to Stop?

The coalition of individuals, local governments, business organizations, and taxpayer associations (including Citizens for California High-Speed Rail Accountability) that won this April 15, 2014 decision have already won in court as a plaintiff in a Prop 1A compliance lawsuit against the California High-Speed Rail Authority and as a defendant in a bond validation lawsuit filed by the California High-Speed Rail Authority. Read those decisions here:

November 25, 2013 California High Speed Rail Authority Bond Validation Lawsuit Ruling

High-Speed Rail Authority and High-Speed Passenger Train Finance Committee, for the State of California v. All Persons Interested in the Matter of the Validity of the Authorization and Issuance of General Obligation Bonds to be Issued Pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century and Certain Proceeding and Matter Related Thereto.

August 16, 2013 Tos v California High-Speed Rail Prop 1A Ruling

November 25, 2013 Tos v California High-Speed Rail Prop 1A Remedy

John Tos, Aaron Fukuda, County of Kings v. California High Speed Rail Authority, et al.

In addition, the same coalition has also won a court decision concerning the inclusion and consideration of arguments in Tos v California High-Speed Rail regarding the promised travel time requirements in Proposition 1A, such as 2 hours 40 minutes from San Francisco to Union Station in Los Angeles.

March 4, 2014 Ruling on Submitted Matter: Motion for Judgment on the Pleadings

California Attorney General Files Brief with Appellate Court Defending Extraordinary Petition to Sell California High-Speed Rail Bonds

California Attorney General Kamala Harris filed a brief this afternoon (Monday, February 10, 2014) on behalf of Governor Jerry Brown, California State Treasurer Bill Lockyer, the Director of the Department of Finance, the Secretary of the State Transportation Agency, the High-Speed Rail Authority, and the High-Speed Passenger Train Finance Committee.

Their goal is to get the California Supreme Court to allow them to borrow money for California High-Speed Rail by selling bonds, thereby overruling two November 2013 decisions of a Sacramento County Superior Court judge determining that the California High-Speed Rail Authority failed to comply with state law (Proposition 1A) that establishes conditions to issue the bonds.

Here’s the brief: Petitioners’ Reply to Preliminary Opposition of Real Parties in Interest – Stay Requested by March 1, 2014.

The brief states that the case involves “weighty matters with far-reaching implications that demand this Court’s rigorous consideration…the stakes are high and the risks are great…” That’s probably the only statement in the brief that has unanimous agreement among the parties.

Expressing the highest levels of professionalism and respect for fellow California citizens, the brief also dares to call the winners of the two Sacramento County Superior Court cases “a collection of special interests.” That’s how they treat citizens who seek California High-Speed Rail accountability.


Read the decisions of Sacramento County Superior Court Judge Michael P. Kenny:

November 25, 2013 California High Speed Rail Authority Bond Validation Lawsuit Ruling

High-Speed Rail Authority and High-Speed Passenger Train Finance Committee, for the State of California v. All Persons Interested in the Matter of the Validity of the Authorization and Issuance of General Obligation Bonds to be Issued Pursuant to the Safe, Reliable High-Speed Passenger Train Bond Act for the 21st Century and Certain Proceeding and Matter Related Thereto.

August 16, 2013 Tos Fukuda Kings County v California High-Speed Rail Prop 1A Ruling

November 25, 2013 Tos Fukuda Kings County v California High-Speed Rail Prop 1A Remedy

John Tos, Aaron Fukuda, County of Kings v. California High Speed Rail Authority, et al.