OsoValleyGreenbelt Assn. v. Howell
This is a dispute between Oso Valley Greenbelt Association and several of its members over the proper composition of its board of directors in 2005. Simply put, two elections were held, two boards were created, and a dispute arose as to which board, and thus which electees, had been properly elected board members. A judgment was entered which, among other things, found appellants were not the properly elected board and permanently enjoined them from engaging in certain specific actions, such as representing themselves as directors of the Association. An appeal was filed. The parties have now entered into a global settlement of the matter, including settlement of actions not a part of this appeal, and wish to put the entire matter behind them pursuant to the terms of that settlement. Accordingly, the parties filed a joint application and stipulation for reversal of the injunctive relief portion of the judgment only pursuant to Code of Civil Procedure section 128, subdivision (a)(8).Based on the motion and accompanying documents, court find that there is no reasonable possibility that the interests of nonparties or the public will be adversely affected by the reversal of the injunctive portion of the judgment, and that the reasons of the parties for requesting reversal of that portion outweigh the erosion of public trust that may result from its nullification and the risk that the availability of stipulated reversal will reduce the incentive for pretrial settlement. Therefore, pursuant to the stipulation of the parties: (1) Paragraph 3 of the judgment filed April 12, 2006, including subparagraphs (a) through (g), is reversed and the matter is remanded to the superior court to strike Paragraph 3 of the judgment; (2) the remainder of the appeal is dismissed with prejudice; (3) in the interests of justice each side shall bear its own costs and attorney fees on appeal; and (4) the clerk shall issue the remittitur forthwith.
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