FILED
SUPERIOR COURT OFCAUFORNA
COUNTY OF ORANGE
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CENTRAL JUSTICECENl'ER
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AUG 2 2 2014
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF ORANGE, CENTRAL JUSTICE CENTER
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Case No. 30-2013-00688382-CU-WM-CJC
COMMONSENSE.COM, LLC, a California Limited Liability Company,
ASSIGNED FOR ALL PURPOSES TO JUDGE JAMES J. DI CESARE DEPARTMENT C16
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Plaintiff, 13
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v.
CITY OF SAN JUAN CAPISTRANO, a [ByrpO WED] STIPULATED Public Agency of the State of California; JUDGMENT FOR AN INJUNCTION SAM ALLEVATO, in his official capacity as San Juan Capistrano City Councilman; LARRY KRAMER, in his official capacity as SanJuan Capistrano City Councilman; JOHN TAYLOR, in his official capacity as San Juan Capistrano City Councilman; HANS VAN LIGTEN, in his official capacity as San Juan Capistrano City Attorney; Does 1 to 50, inclusive, Defendants.
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The parties, Plaintiff Commonsense.com, LLC ("CSC") and Defendants City
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of San Juan Capistrano ("City"), Sam Allevato, in his official capacity as a San Juan 25 26 27
Capistrano City Councilman, Larry Kramer, in his official capacity as a San Juan Capistrano City Councilman, John Taylor, in his official capacity as a San Juan
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STIPULATED JUDGMENT FOR AN INJUNCTION 1
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Capistrano City Councilman, and Hans Van Ligten, in his official capacity as the
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San Juan Capistrano City Attorney, stipulate and agree to judgment in this case as
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follows:
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1.
Subject to Paragraphs 4 and 5, newsracks can be located and remain at the
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same location where newsracks are currently situated at the City of San Juan
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Capistrano City Hall and Community Center.
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2.
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Subject to Paragraphs 4 and 5, CSC can place up to 10 copies of its news
publication inside the City's Community Center at the location where CSC
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currently places its news publications.
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3.
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City.
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4.
Subject to Paragraphs 4 and 5, newsracks can be placed on sidewalks in the
This judgment does not prevent or prohibit the City from enacting an
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ordinance(s) or regulation(s) that regulates the time, place and manner of 16 17
newsracks on City property considered to be a traditional public forum.
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5.
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This judgment does not prevent the City from enacting an ordinance(s) or
regulation(s) that is reasonable and viewpoint neutral that regulates newsracks on
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City property considered to be a limited public forum. 21
In entering into this judgment CSC does not waive or relinquish and it
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6.
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specifically reserves the right to contest in any legal manner available any
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ordinance or regulation enacted by the City that regulates in any form or fashion
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the size, look, appearance and/or placement of newsracks on City property. 26 27
/II
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STIPULATED JUDGMENT FOR AN INJUNCTION 2
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7.
This judgment may be amended, revised or revoked by CSC and the City
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pursuant to a written stipulation or agreement executed by the parties and
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approved by the Court.
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8.
At any time after this judgment is entered CSC or the City may move the
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court to enforce Paragraphs 1, 2 andfor 3 of this judgment as long as the judgment
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remains in effect.
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9.
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At any time after this judgment is entered CSC or the City may move the
court to revise, modify or terminate the judgment.
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10.
The Court will retain jurisdiction under Code of Civil Procedure §664.6 to
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enforce the terms of this judgmerit.
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11.
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Each party is to bear their own costs and attorney's fees except as provided in
Paragraph 12 below.
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12.
CSC is awarded costs of $750. IT IS SO ORDERED
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STIPULATED JUDGMENT FORAN INJUNCTION
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