Saturday, March 7, 2009

Negotiation in Good Faith

San Jose City has records of violating Brown Act in recent memory. Well, here we are at the closing chapter of Little Saigon and the loose end is the lawsuit that still needs to be resolved.

See an update of the lawsuit from the lawyer representing the community (VACNORCAL, a nonprofit group). He is a very well known lawyer in his field.

The community wants to move on and has asked the city to settle the lawsuit but why should the city budge on it. There is no advantage at all.

Many people believes the Brown Act is the corner stone of government. If this is the case, it should be settled not by politics but by legal expert and the court system. Of course, being a poor community, the longer the city drags it out, the better chance the community will not have enough money to carry it through. But on the other hand, the lawyer is doing pro bono as much as possible while not charging his is usual rate of $500 - $600 an hour.

VACNORCAL is seeking to take the depositions of San Jose City Councilmembers Madison Nguyen and Forrest Williams in February 2009. VACNORCAL has also sent a Request for Production of Documents to the City of San Jose.VACNORCAL previously noticed the depositions of Councilmembers Madison Nguyen and Forrest Williams in November 2008. But the City indicated it was interested in negotiating a settlement of the lawsuit. As taking a lawsuit through to trial or judgment is extremely costly (for both VACNORCAL and the taxpayers of San Jose), VACNORCAL felt it would be best to hold settlement discussions with the City.

Unfortunately, VACNORCAL ultimately felt the City Council was not participating in settlement negotiations in good faith and was just trying to waste VACNORCAL's time. VACNORCAL canceled further settlement conferences, and began discovery by noticing depositions for Madison Nguyen and Forrest Williams in February 2009, and propounding Requests for Production of Documents.

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Unofficial Election Results

 San Jose City Council, D7   Precincts Reporting:  100% Tam Nguyen                        31.85%       2,275  Maya Esparza             ...