HUGE NEWS ABOUT MY LAWSUIT!

We are winning! Judge officially adopted his tentative ruling and granted our Writ of Mandate (with a slight edit)

This lawsuit is not just about ending the fake, phony, fraudulent façade of an un-ending emergency...

It’s about upholding our Constitutional Republic.

The cause of my lawsuit is simple: It is to require the board to carry out its lawful duties to review, vote (and end!) the local health emergency. I want the judge to declare that even in an emergency, the law still applies, and that these laws are not suspended just because there is an “emergency.”

Quick Recap: There are laws that actually describe what CAN and CANNOT be done in an emergency, statewide and locally.

This law is the crux of my lawsuit against the County: California government code 101080

Let’s summarize, shall we?

• The law says that a local health officer in a county in California can declare a public health emergency if there is some kind of disease, biologic or chemical agent, or some type of hazardous waste event

• That local health emergency can only be in effect for SEVEN days and then the Board or council has to VOTE whether to continue it or to terminate the emergency

• AND the Board (or Council) has to REVIEW it every 30 DAYS…

• CA Gov Code 101080 (that this board ratified and has the obligation to abide by) states that the local health emergency must be terminated at “the earliest possible date that conditions warrant.” Not when they feel like it, not when the governor says so, not when the money runs out…

I filed my lawsuit back in September of 2021 and after months and months of delays and shenanigans from the County, my amazing legal team at FLTJ finally got to present our case before Judge Lee at our hearing on September 22.

You can read my attorney Nicole Pearson’s update and legal analysis about the outcome of our hearing here.

The big news is that the Judge converted his tentative ruling into a final ruling, which overruled Respondents’ demurrer in its ENTIRETY, and GRANTED our Writ of Mandate. The slight edit is this: Judge Lee ordered the parties back to court on December 1st, 2022 so that Respondents' could present evidence of their "compliance" with the law after opposing counsel raised fresh arguments at the hearing that the County and Board have actually been fulfilling their statutory obligations and duties to review conditions and extend the local emergencies.

Here is the issue:

1. You can’t claim that you have been conducting business privately because that would be a violation of the Brown Act.

2. You can’t claim that you have not been conducting these reviews at all because that is a violation of CA Gov code 101080

So which is it?

This is huge. The Judge is going to allow all of the evidence and arguments of the County to come forth and we are witnessing them stumbling BIG TIME!

You can view my Board of Supervisors videos and all my lawsuit updates HERE.

It ain't over till it's over! Prayers and financial support are SO appreciated! If you are able, please donate to help me keep fighting.

~Peggy

Peggy Hall
The Healthy American
205 Ave. Del Mar #681
San Clemente, CA 92674