California Court of Appeal

In a suit by a public-interest group alleging that defendants entered into a lease agreement in violation of a statute, and made illegal campaign expenditures in connection with a special election to approve the building of a new hospital, dismissal of some claims and summary judgment for defendant on the remainder are affirmed, but denial of post-judgment motion is reversed and cause remanded where: 1) the lease in question was not subject to a statutory 30-year maximum term; 2) election materials prepared by defendant did not expressly advocate the approval of the ballot measure, and therefore were not in violation of election law; and 3) remand was warranted to allow plaintiff to amend its complaint.

Appellate Information

• Decided 09/30/2008
• Published 11/07/2008

Judges

• JENKINS, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• David W. Skinner, Joseph M. Quinn, Meyers, Nave, Riback, Silver & Wilson, San Francisco, CA, Mitchell J. Green, Curtis, Green & Furman, San Rafael, CA, for appellant Peninsula Guardians, Inc.


• For Appellees:
  
• Douglas Charles Straus, Mark Alan Olson, Archer Norris, Walnut Creek, CA, for respondent Peninsula Health Care District., Harriet A. Steiner, Kara Kimiko Ueda, McDonough, Holland and Allen, Sacramento, CA, for respondent Mills-Peninsula Health Services.