Reference Documents

Monday, December 03, 2018

Judges (Some, Only Some) On Los Osos' Lawsuits

I was at a party Friday night in SLO. I knew the hosts and had for 10+ years, but really no one else that night (except my husband, who would prefer not to be mentioned in a sewer blog—well, probably no one wants to be mentioned in here......). The double doors from the main room were open to the patio, where a chiminea was radiating heat and the koi pond waterfall was burbling. I was chatting with a brainy man about politics when a long time friend of his appeared. Brainy man asked him about how his work was going and he said what he was doing. His name was Roger and he was a retired judge. JUDGE ROGER PICQUET!! I nearly fainted. Me: you worked on Los Osos sewer cases!!! He politely and almost indistinguishably cringed a little. He quickly said, and lightly laughed, a lot of us did. He then turned and went inside, perhaps find another hors d'oeuvres or I thought more likely, to trade the chardonnay for a scotch. I felt awful. I had probably ruined his evening.

He did eventually come back out (fortunately with the same drink). I gave him my chair (as penance for dragging his mind where I am sure he never wanted it to go again). I said I was going back in for food, and I was (yes, it was my third plateful of food, I will be honest about that, I never skimp at a party, and the plates were not that large either—you know, the kind you can hold and walk around with).

That chair was graciously offered to me when I came back out, and we had a very pleasant 15-minute conversation! Not about the sewer, but about the bolluxed up Los Osos election and SLO life, normal stuff. Sigh. Poor Los Osos....... But I was thrilled to have met a living, and correct! decision maker for our beleaguered little burg.

When I got home I combed through my computer's hard drive for lawsuits and news articles on Los Osos sewer cases. I am only counting the ones from 2003 - 2006. There were employed on those ghastly tasks, the judges listed below:

Judge Douglas Hilton
Stopped the Recall Board stand down order - 10-7-2005.


Judge Martin Tangeman
Ruled the infamous Measure B illegal.

Judge Barry LaBarbera
The PZLDF case can go forward. (You don't want to know what a pizzle is, but the group called themselves the Prohibition Zone Legal Defense Fund until they found out what it was. They then became Citizens for Clean Water.)

Judge Charles Crandall
PZLDF vs. RWQCB.

Judge Robin Riblet
Bankruptcy.

Now, for Judge Picquet, I found:

2003

Judge Roger Picquet presided over and dismissed the case brought by Cal Cities Water Company against the Regional Water Quality Control Board for allowing a sewer in Los Osos that would return reclaimed water to the ground which would pollute the existing water. (Source: Bay News.)

And this:

March 24, 2005 (The board mentioned here is the pre recall CSD Board - CCLO was the feeder group for directors that were voted into the spots of recalled directors.)


Judge Roger Picquet heard demurrers to the portions of the second lawsuit regarding the wastewater project, CV041047, originally filed in December 2004 by CCLO, late yesterday. This lawsuit alleged that two additional Coastal Commission permits were required before the Los Osos Community Services District could build the wastewater project. Judge Picquet granted LOCSD’s motion to strike these allegations from the lawsuit without leave to amend. Thus, the portions of this lawsuit that could have affected construction of the Los Osos Wastewater Project have been dismissed and the superior court will not consider them further. The only remaining allegation in the lawsuit involves LOCSD’s storm drain facilities not involving the wastewater project. (Source: Tribune.)

And this:

May 24, 2005 (Recall Board)

Judge Dismisses CCLO Lawsuit Against LOCSD

Judge Roger Picquet today dismissed the lawsuit filed by Concerned Citizens of Los Osos in San Luis Obispo County Superior Court.  CCLO had alleged that the LOCSD Board was required to adopt ordinances on the Los Osos Wastewater Project by a 4/5 vote. The judge disagreed, and ruled that the 3/5 majority that voted in December was adequate for adopting ordinances for the Los Osos Wastewater Project. 


Judge Picquet granted the District’s motion to demurrer without leave to amend, and indicated that since his ruling was a matter of law, there was no way to cure the petition for subsequent consideration. (Source: Tribune.)

And this:

Judge Picquet presided over the 2005-2006 Grand Jury which explored the expenditure of public funds by the Recall LOCSD Board.

And this:

Early April, 2006 (Recall Board)

In April, Judge Roger Picquet blocked the services district from using the remaining $2 million to $3 million from a state low-interest loan until the agency resolves a $28 million payment dispute with two contractors hired to build a state-mandated sewer. (Source: Tribune.)

And this:

April 7, 2006 (Recall Board)


On April 5, 2006, the CSD sent a letter of objection to the Superior court. They claim that last Thursday ruling by Judge Picquet is incomplete, does not specifically state a dollar amount to be frozen, and requests that the audit be completed prior to a ruling. In short, the CSD is going to continue to spend SRF money regardless of the Court ruling freezing it. Sounds like Contempt of Court to me. (Source: April 7, 2006 - Calhoun's Cannon Blog, Ann Calhoun, posted by Anonymous.)

And that is where I will leave it for now. Judge Picquet, if you ever read this blog and get depressed or have nightmares, please seek treatment immediately (and forgive me for reminding you of probably the worst cases you were ever forced to hear).


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