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- 60 <br /> THE CITY OF <br /> <br /> pL£AS NTON: <br /> Staff Report <br /> <br /> June 21, 2005 <br /> City Attorney's Office <br /> <br /> SUBJECT PARTICIPATION IN AMICUS CURIAE BRIEF CONCERNING <br /> EMERGENCY RESPONSE COSTS FROM INCIDENTS RELATING TO <br /> DRIVING UNDER THE INFLUENCE <br /> <br /> STAFF RECOMMENDATION: Staff recommends that if the League of California Cities does not <br /> support the amicus curiae ("friend of the court") brief being prepared by the <br /> County of Santa Clara in California Highway £atrol v. Superior Court (Allende), <br /> the City Council approve Pleasanton's (individual) joinder in the County of Santa <br /> Clara's brief. <br /> <br /> SUMMARY The Legal Advocacy Committee of the California League of Cities will decide <br /> whether the League should support an amicus curiae brief to be filed by the <br />- County of Santa Clara in the California Court of Appeal in Allende. Allende is <br /> one of several class action suits filed statewide against public entities, including <br /> Pleasanton, over emergency response costs in driving under the influence (DUI) <br /> related incidents. In Allende, the California Court of Appeal will decide the <br /> judicial interpretation of the statutes that authorize governmental entities to seek <br /> reimbursement of emergency response costs in DUI related incidents. An adverse <br /> ruling in Allende would undermine Pleasanton's position in the class action <br /> lawsuit it is defending. The County of Santa Clara will be filing an amicus curiae <br /> brief that will support Pleasanton's interpretation of the relevant statutes. If the <br /> Legal Advocacy Committee does not approve the League's joinder in the amicus <br /> brief, the City Attomey's Office recommends that the City Council approve <br /> Pleasanton's joinder in the County of Santa Clara's amicus brief. <br /> <br /> Honorable Mayor and Members of the City Council: <br /> <br /> BACKGROUND <br /> <br /> On June 24, 2005, the Legal Advocacy Committee of the California League of Cities will decide <br /> whether the League should support an amicus curiae brief to be filed by the County of Santa Clara in the <br /> California Court of Appeal in California Highway Patrol v. Superior Court (Allende)) Allende is one of <br /> several class action suits filed statewide against public entities, including the City of Pleasanton <br /> <br />- ~ This matter is being presented to the City Council on June 21, which is 3 days prior to the Legal Advocacy Committee's <br /> meeting. The City Attorney's Office is requesting the City Council's decision prior to the League's Committee meeting <br /> because the next City Council meeting is not until July 19, 2005, and if the League decides not to file a joinder, the City <br /> would need to (separately) file a joinder before July 19, 2005. <br /> SR05:172 <br /> Page 1 of 3 <br /> <br /> <br />