This case was last updated from San Francisco County Superior Courts on 04/14/2016 at 02:16:47 (UTC).

ERIN JONES VS. CITY AND COUNTY OF SAN FRANCISCO et al

Case Summary

On 10/25/2013 ERIN JONES filed an Other - Declaratory Judgment lawsuit against CITY AND COUNTY OF SAN FRANCISCO. This case was filed in San Francisco County Superior Courts , Civic Center Courthouse located in San Francisco, California. The case status is Not Classified By Court.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5074

  • Filing Date:

    10/25/2013

  • Case Status:

    Not Classified By Court

  • Case Type:

    Other - Declaratory Judgment

  • Court:

    San Francisco County Superior Courts

  • Courthouse:

    Civic Center Courthouse

  • County, State:

    San Francisco, California

 

Party Details

Plaintiff and Appellant

JONES, ERIN

Defendants

CITY AND COUNTY OF SAN FRANCISCO

DOES 1 TO 10, INCLUSIVE

SAN FRANCISCO COUNTY SHERIFF'S DEPARTMENT

SAN FRANCISCO POLICE DEPARTMENT

Attorney/Law Firm Details

Plaintiff and Appellant Attorney

CLAUSEN, MARK T.

Attorney at ATTORNEY AT LAW

769 Carr Avenue

Santa Rosa, CA 95404

Defendant Attorney

STEELEY, TARA M.

Attorney at DEPUTY CITY ATTORNEYS

1 Dr. Carlton B. Goodlett Pl, City Hall, Room 234

San Francisco, CA 94102-4682

 

Court Documents

PROOF OF SERVICE OF MOTION

PROOF OF SERVICE OF MOTION DEMURRER FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO SAN FRANCISCO POLICE DEPARTMENT SAN FRANCISCO COUNTY SHERIFF'S DEPARTMENT

MEMORANDUM OF POINTS AND AUTHORITIES

MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO SAN FRANCISCO POLICE DEPARTMENT SAN FRANCISCO COUNTY SHERIFF'S DEPARTMENT

Order Continuing Case Management Conference

CASE MANAGEMENT CONFERENCE OF MAR-26-2014 CONTINUED TO MAY-28-2014 AT 10:30 AM IN DEPARTMENT 610 FOR DEFENDANT(S) TO FILE JUDGMENT FOLLOWING ORDER RE: DEMURRER. NOTICE SENT BY COURT.

TEXT JUDGMENT

THE COURT ORDERED THE FOLLOWING JUDGMENT ENTERED: OF DISMISSAL (SEE SCANNED DOCUMENT)

NOTICE OF ENTRY OF JUDGMENT

NOTICE OF ENTRY OF JUDGMENT

CLERK'S NOTICE OF FILING OF NOTICE OF APPEAL

CLERK'S NOTICE OF FILING OF NOTICE OF APPEAL

Order That Hearing is Off Calendar

CASE MANAGEMENT CONFERENCE OF MAY-28-2014 IS OFF CALENDAR. JUDGMENT ON FILE. NOTICE SENT BY COURT.

GENERIC CIVIL FILING (NO FEE)

CERTIFICATION NOTICE

REMITTITUR FILED

REMITTITUR FILED - REVERSING JUDGMENT OF DISMISSAL OF JONE'S COMPLAINT; AFFIRMING PORTION OF ORDER SUSTAINING THE CITY'S DEMURRER WITHOUT LEAVE TO AMEND AS TO THE SECOND CAUSE OF ACTION ETAL (A141497 DIV 5)

COMPLAINT

DECLARATORY RELIEF, COMPLAINT FILED BY PLAINTIFF JONES, ERIN AS TO DEFENDANT CITY AND COUNTY OF SAN FRANCISCO SAN FRANCISCO POLICE DEPARTMENT SAN FRANCISCO COUNTY SHERIFF'S DEPARTMENT DOES 1 TO 10, INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR MAR-26-2014 PROOF OF SERVICE DUE ON DEC-24-2013 CASE MANAGEMENT STATEMENT DUE ON MAR-03-2014 (Fee:450.00)

Notice to Plaintiff

NOTICE TO PLAINTIFF

DEMURRER

DEMURRER TO COMPLAINT TO COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO SAN FRANCISCO POLICE DEPARTMENT SAN FRANCISCO COUNTY SHERIFF'S DEPARTMENT HEARING SET FOR MAR-07-2014 AT 09:30 AM IN DEPT 302 (Fee:EXEMPT)

CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF JONES, ERIN ESTIMATED TIME FOR TRIAL: 1.0 DAYS

CASE MANAGEMENT STATEMENT

CASE MANAGEMENT STATEMENT FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO SAN FRANCISCO POLICE DEPARTMENT SAN FRANCISCO COUNTY SHERIFF'S DEPARTMENT

ORDER

ORDER SUSTAINING DEMURRER WITHOUT LEAVE TO AMEND

NOTICE OF APPEAL

NOTICE OF APPEAL FILED BY APPELLANT JONES, ERIN (Fee:100.00)

REQUEST FOR CLERK'S/REPORTER'S TRANSCRIPT

REQUEST FOR CLERK'S TRANSCRIPT (NO RT REQUESTED) FILED BY APPELLANT JONES, ERIN

CLERK'S ESTIMATE OF COST OF APPEAL RECORD

CLERK'S ESTIMATE OF COST OF APPEAL RECORD SENT TO APPELLANT, ESTIMATED COST $110.00 LESS DEPOSIT $100.00 BALANCE DUE $10.00

6 More Documents Available

 

Docket Entries

  • 05/08/2015
  • View Court Documents
  • REMITTITUR FILED - REVERSING JUDGMENT OF DISMISSAL OF JONE'S COMPLAINT; AFFIRMING PORTION OF ORDER SUSTAINING THE CITY'S DEMURRER WITHOUT LEAVE TO AMEND AS TO THE SECOND CAUSE OF ACTION ETAL (A141497 DIV 5)

    Read MoreRead Less
  • 06/05/2014
  • View Court Documents
  • CERTIFICATION NOTICE

    Read MoreRead Less
  • 06/05/2014
  • APPEAL RECORD CERTIFIED TO THE COURT OF APPEAL - 1 VOL CT, NO RT (APPEAL FILED 4/7/14, A141497 #5)

    Read MoreRead Less
  • 06/03/2014
  • COSTS OF PREPARATION ON APPEAL DEPOSITED BY APPELLANT JONES, ERIN (Fee:10.00)

    Read MoreRead Less
  • 05/29/2014
  • View Court Documents
  • CLERK'S ESTIMATE OF COST OF APPEAL RECORD SENT TO APPELLANT, ESTIMATED COST $110.00 LESS DEPOSIT $100.00 BALANCE DUE $10.00

    Read MoreRead Less
  • 05/09/2014
  • View Court Documents
  • CASE MANAGEMENT CONFERENCE OF MAY-28-2014 IS OFF CALENDAR. JUDGMENT ON FILE. NOTICE SENT BY COURT.

    Read MoreRead Less
  • 04/10/2014
  • View Court Documents
  • CLERK'S NOTICE OF FILING OF NOTICE OF APPEAL

    Read MoreRead Less
  • 04/07/2014
  • View Court Documents
  • REQUEST FOR CLERK'S TRANSCRIPT (NO RT REQUESTED) FILED BY APPELLANT JONES, ERIN

    Read MoreRead Less
  • 04/07/2014
  • View Court Documents
  • NOTICE OF APPEAL FILED BY APPELLANT JONES, ERIN (Fee:100.00)

    Read MoreRead Less
  • 04/01/2014
  • View Court Documents
  • NOTICE OF ENTRY OF JUDGMENT

    Read MoreRead Less
5 More Docket Entries
  • 03/07/2014
  • LAW AND MOTION 302, RULING: THE COURT ADOPTED ITS TENTATIVE RULING WHICH WAS NOT CONTESTED. DEFENDANTS CITY AND COUNTY OF SAN FRANCISCO, SAN FRANCISCO POLICE DEPARTMENT AND SAN FRANCISCO COUNTY SHERIFF'S DEPARTMENT'S DEMURRER TO COMPLAINT IS SUSTAINED WITHOUT LEAVE TO AMEND. PLAINTIFF LACKS STANDING UNDER C.C.P. 526A REGARDING THE ALLEGED "WASTE" OF PUBLIC FUNDS. (AFTER HEARING, THE COURT SIGNED THE PROPOSED ORDER THAT WAS EMAILED TO THE COURT.) JUDGE: ERNEST H. GOLDSMITH; CLERK: GINA GONZALES; REPORTER: SHERRY SAWYER, CSR# 5976.

    Read MoreRead Less
  • 02/28/2014
  • REPLY BRIEF IN SUPPORT OF DEFTS DEMURRER TO COMPLAINT FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO SAN FRANCISCO POLICE DEPARTMENT SAN FRANCISCO COUNTY SHERIFF'S DEPARTMENT

    Read MoreRead Less
  • 02/28/2014
  • View Court Documents
  • CASE MANAGEMENT STATEMENT FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO SAN FRANCISCO POLICE DEPARTMENT SAN FRANCISCO COUNTY SHERIFF'S DEPARTMENT

    Read MoreRead Less
  • 02/27/2014
  • View Court Documents
  • CASE MANAGEMENT STATEMENT FILED BY PLAINTIFF JONES, ERIN ESTIMATED TIME FOR TRIAL: 1.0 DAYS

    Read MoreRead Less
  • 02/24/2014
  • MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOS. TO DEFT'S DEMURRER FILED BY PLAINTIFF JONES, ERIN

    Read MoreRead Less
  • 02/05/2014
  • View Court Documents
  • MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEMURRER FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO SAN FRANCISCO POLICE DEPARTMENT SAN FRANCISCO COUNTY SHERIFF'S DEPARTMENT

    Read MoreRead Less
  • 02/05/2014
  • View Court Documents
  • PROOF OF SERVICE OF MOTION DEMURRER FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO SAN FRANCISCO POLICE DEPARTMENT SAN FRANCISCO COUNTY SHERIFF'S DEPARTMENT

    Read MoreRead Less
  • 02/05/2014
  • View Court Documents
  • DEMURRER TO COMPLAINT TO COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FILED BY DEFENDANT CITY AND COUNTY OF SAN FRANCISCO SAN FRANCISCO POLICE DEPARTMENT SAN FRANCISCO COUNTY SHERIFF'S DEPARTMENT HEARING SET FOR MAR-07-2014 AT 09:30 AM IN DEPT 302 (Fee:EXEMPT)

    Read MoreRead Less
  • 10/25/2013
  • View Court Documents
  • NOTICE TO PLAINTIFF

    Read MoreRead Less
  • 10/25/2013
  • View Court Documents
  • DECLARATORY RELIEF, COMPLAINT FILED BY PLAINTIFF JONES, ERIN AS TO DEFENDANT CITY AND COUNTY OF SAN FRANCISCO SAN FRANCISCO POLICE DEPARTMENT SAN FRANCISCO COUNTY SHERIFF'S DEPARTMENT DOES 1 TO 10, INCLUSIVE SUMMONS ISSUED, JUDICIAL COUNCIL CIVIL CASE COVER SHEET FILED CASE MANAGEMENT CONFERENCE SCHEDULED FOR MAR-26-2014 PROOF OF SERVICE DUE ON DEC-24-2013 CASE MANAGEMENT STATEMENT DUE ON MAR-03-2014 (Fee:450.00)

    Read MoreRead Less

Complaint Information

Filed 3/2/15 : |

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for

. _ggg%:fl&n&r&mmms%%efi mjficd by rule 8,1115(b). This opinion has not been certified for publication

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT

DIVISION FIVE MAR 02 2015

ERIN JONES, ok

i Herbert, Cler

Plaintiff and Appellant, Dlana Her Deputy Clerk

V. A141497

CITY AND COUNTY OF SAN |

FRANCISCOetal., @ _ _ (San Francisco City and County

ey and ‘ Defendants and Respondents. Super. Ct. No. CGC-13-535074)

Vehicle Code section 14602.6 (section 14602.6) authorizes, under certain circumstances, the 30-day impoundment of a vehicle operated by a person without a valid driver’s license. Appellant Erin Jones challenges enforcement of section 14602.6 by respondents City and County of San Francisco; the San Francisco Police Departinent, and the San Francisco County Sheriff (collectively the City), alleging that some impoundments are in violation of the statute and fhat postseizure notice and hearing procedures are constitutionally and statutorily defective. Jones sought to enjoin the contested practices as an illegal “waste and expenditure” of public funds under Code of Civil Procedure section 526a (section 526a), asserting citizen taxpayer standing to bring the claims. The trial court sustained the City’s demurrer without leave to amend, finding that Jones lacked standing, and dismissed the action. We reverse in part. We agree that the demurrer was properly sustained without leave to amend as to the second cause of action of Jones’s complaint, but conclude that leave to amend should have been granted

as to the first cause of action.