Neighborhood Schools for our Kids v. Capistrano Unif. School Dist
Filed 3/15/06 Neighborhood Schools for our Kids v. Capistrano Unif. School Dist. CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| NEIGHBORHOOD SCHOOLS FOR OUR KIDS, Plaintiff and Respondent, v. CAPISTRANO UNIFIED SCHOOL DISTRICT, Defendant and Respondent; JOMARI ANDERSON et al., Movants and Appellants. | G036344 (Super. Ct. No. 05CC07288) O P I N I O N |
Appeal from an order of the Superior Court of Orange County, Daniel T. Brice, Judge. (Retired judge of the Orange Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Reversed pursuant to a stipulation under Code of Civil Procedure section 128, subdivision (a)(8) with directions. Writ of supersedeas discharged. NAACP Legal Defense and Educational Fund, Theodore M. Shaw, Norman J. Chachkin, Chinh Quang Le, Anurima Bhargava; ACLU Foundation of Southern California, Catherine E. Lhamon, Hector O. Villagra, Mark D. Rosenbaum; Asian Pacific American Legal Center, Julie A. Su; Mexican American Legal Defense and Educational Fund and John Trasvina for Movants and Appellants.
Pacific Legal Foundation, Sharon L. Browne, Paul J. Beard II and Arthur B. Mark III for Plaintiff and Appellant.
No appearance for Defendant and Respondent.
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The parties by stipulation have requested that we reverse the order denying appellants' motion for leave to intervene in the action and discharge the writ of supersedeas issued on February 7, 2006. We accept the stipulation pursuant to Code of Civil Procedure section 128, subdivision (a)(8), and grant their request for a stipulated reversal and discharge the writ. (Union Bank of California v. Braille Inst. of America, Inc. (2001) 92 Cal.App.4th 1324, 1328; In re Rashad H. (2000) 78 Cal.App.4th 376, 381.)
I.
On March 28, 2005, defendant Capistrano Unified School District (the School District) revised its attendance boundaries and established new boundaries for middle and high schools. On June 16, 2005, plaintiff Neighborhood Schools For Our Kids filed a verified complaint for declaratory and injunctive relief challenging the constitutionality of the new attendance boundaries under article I, section 31(a) of the California Constitution. The School District answered the complaint.
On September 27, 2005, appellants Jomari Anderson, James Richard Corbett, Geraldine Ditto, Peter Ditto, Rosalia Muñoz-Ledo, and Tareef Nashashibi (Appellants) filed a motion for leave to file a complaint in intervention pursuant to Code of Civil Procedure section 387. On October 21, 2005, the trial court denied Appellants' motion for leave to intervene as of right and by permission.
On November 14, 2005, Appellants filed a notice of appeal from the order denying their motion for leave to intervene. The order was directly appealable. (Hodge v. Kirkpatrick Dev., Inc. (2005) 130 Cal.App.4th 540, 547.)
On February 7, 2006, we issued a writ of supersedeas staying all trial court proceedings pending final determination of the appeal.
On March 7, 2006, the parties submitted a joint motion and declaration stipulating to and requesting the following: (1) reversal of the October 21, 2005 order denying Appellants' motion for leave to intervene with instructions to grant intervention and the filing of the proposed complaint in intervention; (2) discharge of the writ of supersedeas issued February 7, 2006; (3) issuance of the remittitur forthwith; and (4) all parties bearing their own costs and attorney fees in connection with this appeal. The stipulation recites, â€
