Judge Sabraw has ruled that the Pacifica Foundation has bylaws. He has also ruled that the nominations for elections are to run from September 15, 2003, to November 15, 2003.
SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF ALAMEDA
DAVID ADELSON, et al., Plantiffs vs. PACIFICA FOUNDATION, et al., Defendants
ORDER RE: ENFORCEMENT OF SETTLEMENT
The above-entitled matter came on regularly for hearing at 9:00 a.m. on September 12, 2003. Having heard the arguments of all counsel, and the arguments of parties who appeared in pro per, and having read and considered all of the pleadings, including the Opposition Memorandum of Points and Authorities and supporting declarations filed by Margalo Ashley-Farrand, THE COURT HEREBY ORDERS AS FOLLOWS:
1. The Court GRANTS the motion of Carol Spooner. The Court finds that the "Draft B" proposal for the new Pacifica Foundation By-Laws has been adopted by virtue of the approval by two-thirds majority vote of the interim Pacifica National Board on June 26, 2003 and by virtue of the subsequent approval by a majority vote of three of the five Local Advisory Boards as required by the Settlement Agreement entered in this litigation. The objections of various parties and others to reconsideration by the KPFK Local Advisory Board of the "Draft B" proposal beyond the deadline of July 23, 2003 as provided in this Court's order of July 14, 2003, are not well taken. The Court notes that these proceedings are equitable in nature. The Court has observed on numerous occasions the need of Pacifica Foundation to bring about resolution of the disputes between and among the various members and factions within the Pacifica community. To this end, the Court finds that the reconsideration of "Plan B" by the KPFK Local Area Board on August 23, 2003 is in substantial compliance with this Court's order of July 14, 2003. The Court further determines that with the vote of the KPFK Local Advisory Board on August 23, 2003, the requirement for adoption of the new Pacifica Foundation By-Laws have been met.
2. The process of electing new directors for the Pacifica Foundation National Board shall commence forthwith. The nominations period shall open on September 15, 2003 and shall be closed November 15, 2003.
IT IS SO ORDERED.
Dated: September 15, 2003
Ronald M. Sabraw
Judge of the Superior Court
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