WRIT DENIED!
YOU KNOW IT. YOU KNOW THE STORY. TELL THE WHOLE DAMN WORLD.
THIS IS BEAR TERRITORY!
Money shot, Volker shuts up::
When asked to comment, Stephan Volker, an attorney for the California Oak Foundation-one of the two plaintiffs in the appeal case-said he had not yet seen the ruling from the court.
over 3 years ago
TwistNHook
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YES!
I had a fanpost on this, but we can consolidate, so I deleted it. Here’s the link to the daily cal article:
http://www.dailycal.org/article/102466/construction_can_begin_at_uc_berkeley_stadium_site
LET THE CHAINSAWS COMMENCE!
Unless I’m mistaken, I think the entire appeal was denied. It says ‘case complete’ at the end of the ruling page.
"We believe this project is now dead." - Stephan Volker
Dude, the announcers keep saying “cocks” on tv. this game is hilaaaarious! I can’t wait until someone slips up and says “Smelley ’Cocks”
Is USC playing right now?
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Final
On August 26, 2008 the Alameda County Superior Court filed an “Order after Hearing” (Exh. 26) and “Respondents’ Amended Judgment,” which was “effective and enforceable immediately.” (Exh. 25 at 281:10-11.) The following day appellants filed a Notice of Appeal. (Exh. 27.) In prior briefing respondents represented that if appellants filed their Notice of Appeal and contemplated Petition for a Writ of Supersedeas and Request for an Immediate Stay within two business days they “will continue to take no further action to implement the Southeast Campus Integrated Projects until the Court of Appeal rules on any such immediate stay request.” (Exh. 20 at 246:7-13.) Appellants objected to what they characterized as the respondents’ attempt to substitute a voluntary stay in lieu of a court-ordered stay. (Exh. 24.) On August 28, 2008 appellants filed a Petition for Writ of Supersedeas, Mandate, Prohibition or Other Appropriate Relief and supporting documents. The petition prays for inter alia an immediate temporary stay of the University’s threatened construction-related activities, an immediate 20-day extension pursuant to Code of Civil Procedure section 1094.5, subdivision (g), and the issuance of a writ of supersedeas.
On September 3, 2008 respondents filed an Opposition to Request for Immediate Stay and to Petition for Writ of Supersedeas, etc. and also moved that we take judicial notice of six volumes of exhibits previously filed in conjunction with an earlier writ petition, California Oak Foundation v. The Regents of the University of California, A122172. By operation of law an automatic 20-day stay goes into effect if “a stay is in effect at the time of filing the notice of appeal.” (Code Civ. Proc. sec. 1094.5, subd. (g).) In the context of this statute, “stay” refers to a judicial stay, not respondents’ promise to refrain from further activities. (Ibid. “the court in which proceedings under this section are instituted may stay the operation of the administrative order or decision”; “no such stay shall be imposed or continued if the court is satisfied that it is against the public interest.”.)
Because there was no judicial stay in effect when the notice of appeal was filed, the statutory 20-day stay is not in effect. The motion that we take judicial notice, pursuant to Evidence Code sections 459 and 452, subdivision (d)(2) of the six volumes of exhibits previously lodged with this court in conjunction with Case Number A122172 is granted. The petition for a writ of supersedeas, mandate and/or prohibition and the related requests for an immediate stay and a 20-day stay are denied. (McGuiness, P.J., Siggins, J., and Jenkins, J.)
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
The updated version of the link now says Volker says this:
Stephan Volker, an attorney for the California Oak Foundation—one of the two plaintiffs in the appeal—said he was upset.
“We are disappointed with the court of appeals ruling,” he said.
It also says that they are going to ask for an emergency ruling from the Supreme Court. The dance isn’t quite over yet!
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Let us hope the CSC is delay-ridden.
Because RIGHT NOW THIS VERY SECOND UC can legally chop trees!!!!
I have a hunch that the California Supreme Court will not take on this case. I know next to nothing about the California Supreme Court, but if the lower court and the appeals court said the case was a stinker, why would the Supreme Court (which generally deals with larger problems than what the government can do with its land) take it?
I hope I’m not wrong!
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Sounds painful. But Ok. I’ll be there in 20 minutes.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Are you guys actually going?
Go Bears!
by RollOnYouBears667 on Sep 4, 2008 6:38 PM PDT up reply actions
I have some cinderblocks in my backyard.
Maybe we could get Alex Mack to throw them at the godpod?
Go Bears!
by RollOnYouBears667 on Sep 4, 2008 6:22 PM PDT up reply actions
that requires a shotgun.
I don’t own one, do you?
Go Bears!
by RollOnYouBears667 on Sep 4, 2008 6:31 PM PDT up reply actions
The life of a California Golden Bears fan….
Go Bears!
by RollOnYouBears667 on Sep 4, 2008 6:33 PM PDT up reply actions
Yes! Yes! Yes!
I think the terminater came back and killed Dumpster Muffin! Now I don’t have to look forward to a future without stadiums and slave labor at the salt mines, no more president Dumpster Muffin!!
I’m not sure we really broke it. The Daily Cal clearly had it before we did. Just trying to be honest here.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
What did I say the day of the ruling?
Sure they can take this to the Cali-Supreme Court… they can take this to the US Supreme court… but because of this rejection for a new injunction, the possibility of a new one at any of the higher courts is remote…. therefore:

Victory!
NOW WE OWN THE DELAY GAME BITCH!
Without a new injunction… we can build. Therefore we want more court cases now… we’ll just delay, delay and delay more… and watch them squirm while the SAHPC is being built. It will be so frustrating for them because it’s highly likely they’ll lose and be stuck with the bills… so the longer we delay, the higher their bills.
I’m totes buying this sweatshirt:

"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Now, that is a shirt I can get behind!
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Touche, salesman.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
I just saw that special teams graphic.
The Cocks are sucking hard as usual.
by BearsNecessity on Sep 4, 2008 8:21 PM PDT up reply actions
Theyve pulled a Volker.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Vandy's going to blow this.
It’s amazing how stupid college football coaches get when they have a big lead.
And Jesse Palmer needs to pull a Volker.
by BearsNecessity on Sep 4, 2008 8:32 PM PDT up reply actions
Flaccid performance leads the players to question their manhood.
by BearsNecessity on Sep 4, 2008 8:46 PM PDT up reply actions
Yet another hippy email
Dear friends of the Oaks….
The appeals court just ruled, and the injunction against cutting the trees has been lifted. That means UC can start cutting trees anytime, possibly as soon as tonight.
http://berkeleydailyplanet.com/issue/2008-09-04/article/31053?headline=State-Appeals-Court-Rejects-Pleas-To-Stay-Chainsaws-at-UC-Berkeley-Grove-
Supporters of the oak grove are asking everyone who cares about the grove to please come to the grove tonight (Thurs) at 8pm for a meeting. Supporters apologize for the short notice of this email, and ask you to come up as soon as you can.
The oak grove supporters asking anyone who can to spend time at the grove tonight and in early in the morning.
Questions, call the ground support phone at 510 938 2109.
- Your friends from the Memorial Oak Grove
I actually called that number the other day and had a long conversation with Ayr. He’s actually not rude, it’s just impossible to talk with him b/c as soon as you try and make a point he interrupts you and talks for about a minute. Then you start again and the same thing happens….I actually made some pretty good points but then he said he had to go. He must be really, really, busy these days.
Go Bears!
by RollOnYouBears667 on Sep 4, 2008 10:09 PM PDT reply actions
PROJECT FOR ALL OF YOU - CRY WOLF

Cry wolf… that’s right… like Roll did above… call the number in the email and say that you work in the chancellor’s office and you’re a secret supporter of the oaks.
Tell them you saw a work order authorizing arborists for “off-peak” hours for this specific date (fill in date). Tell them that you cannot reveal your identity etc… be smart about the story and make it plausible.
Why? - If you’re convincing… then another one of these emails will be sent out and they’ll gather and wait… and wait… for nothing.
Then do it again with a diff story / voice… and then cry wolf again. Until each time, fewer and fewer people and press show up. In fact, call the press too… their presence alone will get the hippies out of bed to gather because they’ll think something is about to happen.
—
If you really want to stick it to the hippies for once… just do a little crank calling… that’s the least you can do.
From the BDP article linked above and here:
The ruling was issued by Division Three Presiding Justice William R. McGuiness, joined in the ruling by Associate Justices Peter J. Siggins and Martin J. Jenkins
My dad went to law school with Martin Jenkins. He spoke at my California Bar Swearing In. Note his Wikipedia:
Prior to joining the bench in 1989, Judge Jenkins was a judge in the California state court system. Previously, Judge Jenkins worked as a prosecutor in Alameda County, California for three years, and for the U.S. Department of Justice in the civil rights division for two years, and as in-house counsel for Pacific Bell for four years. Judge Jenkins also briefly played professional football for the Seattle Seahawks.
The hippies didn’t stand a chance.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Wow, what good news, I’m tempted to speed-walk on over there right now. We should bake treats for the arborists.
RR you must live inches from me.
If anyone is interested, ZRW is standing in the middle of the street outside my place yelling at cars that honk at him to “stop being proponents of global warming”. He is now complaining loudly into a cell phone that the police are arriving. He is a funny funny man
Photos or didn’t happen.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
No, but it’s close to Truth Or Cougar.
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Is it similiar to Truth or Cougar! ?
I kissed Dumpster Muffin and I liked it. The taste of her hippie chapped lips.
ohgodno!
"Save The Oaks: Overthrow Capitalism" said Dumpster Muffin sanguinely
www.CaliforniaGoldenBlogs.com
Save Oaks Updates:
Number one, this morning.
Dear friends,
Swarms of UC police have arrived at the Oak Grove this morning, along with workers. Tree-sit supporters say it looks like they may be preparing to cut the trees at any moment.
PLEASE come to the Oak Grove. We need your energy, your support, witnesses….
Your friends from the grove
Number two, about an hour later:
Dear friends of the Oak Grove…
Update: UC police moved in this morning and cut many limbs and branches of the redwood tree and other trees surrounding the redwood… They are continuing to cut. They have yet to attempt to clear-cut the whole grove. We will send an update if anything major develops. In the meantime, your support at the grove would be appreciated.
Questions call 510 938 2109.
Sincerely,
Your friends at the Oak Grove
YOU KNOW IT
YOU TELL THE STORY
YOU TELL THE WHOLE DAMN WORLD
ITS ABOUT TIME TO BUILD THE SAHPC!
Go Bears!
by RollOnYouBears667 on Sep 5, 2008 4:11 PM PDT reply actions


































































