Conflicts Case
Oscar de la Torre, Elias Serna vs. City of Santa Monica
LASC Case No.: 21STCV08597
March 4, 2021
Complaint – The original complaint alleging claims for declaratory relief, injunctive relief, and violation of the Brown Act filed by Councilmember de la Torre.
May 25, 2021
First Amended Complaint – The first amended complaint alleging claims for declaratory relief and violation of the Brown Act filed by Councilmember de la Torre and Elias Serna.
June 24, 2021
Demurrer to First Amended Complaint – City argues that the First Amended Complaint fails to state facts sufficient to constitute a cause of action under the governing law.
Supporting Documents filed by the City:
Declaration of Brandon D. Ward
Request for Judicial Notice – Attaches supporting exhibits cited in the demurrer.
July 9, 2021
Opposition to Demurrer to First Amended Complaint
Supporting Document filed by Plaintiffs:
Opposition to Request for Judicial Notice
July 15, 2021
Reply in support of Demurrer to First Amended Complaint
Supporting Document filed by the City:
Reply in support of Request for Judicial Notice
July 23, 2021
Order sustaining in part and overruling in part the City's Demurrer – Court ruled that Plaintiffs failed to state a claim for declaratory relief regarding conflicts of interest and gave Plaintiffs 20 days' leave to amend. Court also ruled that Plaintiffs stated a Brown Act claim.
August 10, 2021
Second Amended Complaint – The second amended complaint alleging claims for declaratory relief and violation of the Brown Act filed by Councilmember de la Torre and Elias Serna.
September 3, 2021
Demurrer to Second Amended Complaint– City argues that the Second Amended Complaint fails to state facts sufficient to constitute a cause of action under the governing law.
Supporting Documents filed by the City:
Declaration of Brandon D. Ward
Request for Judicial Notice – Attaches supporting exhibits cited in the demurrer.
September 17, 2021
Opposition to Demurrer to Second Amended Complaint
Supporting Document filed by Plaintiffs:
Opposition to Request for Judicial Notice
September 23, 2021
Reply in support of Demurrer to Second Amended Complaint
Supporting Document filed by the City:
Reply in support of Request for Judicial Notice
September 30, 2021
Order overruling City's Demurrer to Second Amended Complaint – Court denies demurrer and orders City to file answer to Second Amended Complaint.
October 20, 2021
Answer – City's Answer to Second Amended Complaint.
January 6, 2022
Plaintiffs' Motion for Summary Judgment – Plaintiffs contend that judgment should be issued in their favor on both the declaratory relief and Brown Act claims.
Supporting Documents filed by Plaintiffs:
Memorandum of Points and Authorities in support of Motion for Summary Judgment
Declarations in support of Motion for Summary Judgment
Separate Statement in support of Motion for Summary Judgment
February 12, 2022
City's Motion for Summary Judgment – City contends that judgment should be issued in its favor on both the declaratory relief and Brown Act claims.
Supporting Documents filed by the City:
Memorandum of Points and Authorities in support of Motion for Summary Judgment
Declaration of Anderson-Warren in support of Motion for Summary Judgment
Declaration of Expert Frank Zerunyan in support of Motion for Summary Judgment
Declaration of Silberberg in support of Motion for Summary Judgment Vol I
Declaration of Silberberg in support of Motion for Summary Judgment Vol II
Declaration of Silberberg in support of Motion for Summary Judgment Vol III
Declaration of Silberberg in support of Motion for Summary Judgment Vol IV
Request for Judicial Notice in support of Motion for Summary Judgment
Supplemental Appendix of Authorities in support of Motion for Summary Judgment
Separate Statement in support of Motion for Summary Judgment
March 10, 2022
City's Opposition to Plaintiffs' Motion for Summary Judgment
Supporting Documents filed by the City:
Objections to Plaintiffs' Evidence
Response to Plaintiffs' Separate Statement
Request for Judicial Notice in support of Opposition to Motion for Summary Judgment
Supplemental Appendix of Authorities in support of Opposition to Motion for Summary Judgment
Declaration of Anderson-Warren in support of Opposition to Motion for Summary Judgment
Declaration of Expert Frank Zerunyan in support of Opposition to Motion for Summary Judgment
Declaration of Silberberg in support of Opposition to Motion for Summary Judgment Vol I
Declaration of Silberberg in support of Opposition to Motion for Summary Judgment Vol II
Declaration of Silberberg in support of Opposition to Motion for Summary Judgment Vol III
Declaration of Silberberg in support of Opposition to Motion for Summary Judgment Vol IV
March 23, 2022
April 4, 2022
Plaintiffs' Reply in support of Motion for Summary Judgment
Supporting Documents filed by Plaintiffs:
Response to City's Separate Statement
Objection to Declaration of Zerunyan
Declaration of de la Torre in support of Motion for Summary Judgment
Declaration of Shenkman in support of Motion for Summary Judgment
Declaration of Trivino-Perez in support of Motion for Summary Judgment
April 7, 2022
Amicus Brief - Request of League of Women Voters of Santa Monica, Santa Monicans for Integrity in Government, Community for Excellent Public Schools, and the Alliance of Santa Monica Latino and Black Voters to file amicus brief in support of City.
April 13, 2022
Plaintiffs' Opposition to City's Motion for Summary Judgment
Supporting Document filed by Plaintiffs:
Response to Separate Statement in Opposition to City's Motion for Summary Judgment
Objections to Declaration of Zerunyan
Evidence in Opposition to Motion for Summary Judgment Part 1
Evidence in Opposition to Motion for Summary Judgment Part 2
April 18, 2022
Plaintiffs' Opposition to Motion for Leave to file Amicus Brief
Supporting Document filed by Plaintiffs:
Declaration of Trivino-Perez in support of Opposition to Motion for Leave to file Amicus Brief
April 25, 2022
Response by Amici to Opposition to Motion for Leave to file Amicus Brief
April 28, 2022
City's Reply in support of Motion for Summary Judgment
Supporting Documents filed by the City:
Objections to Plaintiffs' Evidence submitted in Opposition to Motion for Summary Judgment
Response to Plaintiffs' Separate Statement in Opposition to Motion for Summary Judgment
Response to Objections to Declaration of Zerunyan
Request for Judicial Notice Re: Reply in support of Motion for Summary Judgment
Supplemental Declaration of Silberberg in support of Motion for Summary Judgment
Supplemental Declaration of Expert Frank Zerunyan in support of Motion for Summary Judgment
June 16, 2022
Minute Order re Cross-Motions for Summary Judgment
Order Denying Cross-Motions for Summary Judgment
June 20, 2022
Notice of Settlement of Entire Case