Category Archives: Compliance with the Law

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.

California High-Speed Rail Authority Releases Draft 2014 Business Plan: Please Read Carefully and Submit Appropriate Comments

By law (California Public Utilities Code Section 185033), the California High-Speed Rail Authority is required to prepare, publish, adopt, and submit to the California State Legislature, not later than May 1, 2014, and every two years thereafter, a business plan. At least 60 days prior to the publication of the plan, the authority shall publish a draft business plan for public review and comment.

Today (February 7, 2014), the California High-Speed Rail Authority published its draft business plan for public comment. Read the plan at this link:

California High-Speed Rail Authority – Connecting California – Draft 2014 Business Plan

It’s important for political and legal purposes for Californians to comment on the flaws, errors, and distortions in this plan. Please review and comment using one of these five methods:

1. Online comment form through the Draft 2014 Business Plan website:

Submit general questions, comments, or requests about the Draft 2014 Business Plan

2. By email:

2014businessplancomments@hsr.ca.gov

3. By U.S. mail to the Authority:

California High-Speed Rail Authority
Attn: 2014 Business Plan
770 L Street, Suite 800
Sacramento, CA 95814

4. Voice mail comment at 916-384-9516.

5. Provide public comment at the Authority’s Board of Directors Meeting on February 11, March 11, and April 10.

Meetings are subject to change, so please check the website home page at www.hsr.ca.gov before making your final plans to attend a specific meeting.

Thank you for making the California High-Speed Rail Authority accountable to the public.

 

Filed with the Court: Opposition to Governor Brown’s Petition to Allow California High-Speed Rail to Borrow Money by Issuing Bonds

February 3, 2014 – The winning parties in Sacramento County Superior Court against the California High-Speed Rail Authority now fight back against an attempt by Governor Jerry Brown to help the Authority evade public accountability by seeking extraordinary relief from the California Supreme Court.

California High-Speed Rail - Cut Water Deliveries - Disasters - Courtesy of Governor Brown - April 4 2013 in Fresno

Parked outside a California High-Speed Rail Authority board meeting remote location – April 4, 2013 in Fresno.

Gov. Brown (along with State Treasurer Bill Lockyer and Attorney General Kamala Harris) wants the state to proceed with borrowing money for construction of the 29-mile Madera to Fresno high-speed rail segment by issuing Prop. 1A bonds, even though the California High-Speed Rail Authority has not complied with the law, as confirmed in 2013 by a judge.

February 3, 2014 – Preliminary Opposition of Real Parties in Interest John Tos, Aaron Fukuda, County of Kings, and County of Kern to Governor Brown Petition for Extraordinary Writ of Mandate – California High-Speed Rail Authority

Please contact these leaders with press inquiries:

Aaron Fukuda – afukuda77 [at] gmail.com – Cell: 559-707-8928

Frank Oliveira – frank.oliveira [at] me.com – Cell: 559-469-6685

Court decisions against California High-Speed Rail Authority:

John Tos v. California High Speed Rail Authority (Prop 1A compliance)

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

California High-Speed Rail Authority v. All Persons Interested (bond validation)

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

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