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4/9/14 at 9 a.m. Dept 15 Alameda Superior TRO to Support KPFA
by Long time listener
Tuesday Apr 8th, 2014 8:07 PM
April 9, 2014 at 9 a.m. in Department 15 of Alameda Superior Court, 1221 Oak Street, Oakland, California is the place to be to support the Temporary Restraining Order so that the Pacifica Foundation Radio network, including KPFA will continue to exist. Without this TRO, there is no more Pacifica Foundation Radio network. If you are at all able to be there, please do so. You do not have to say anything, just be a warm body present in support of the TRO. Things do not just take care of themselves; they get done because people cared. If you care about KPFA and all other community radio stations, and can be there, please show up.
April 9, 2014 at 9 a.m. in Department 15 of Alameda Superior Court, 1221 Oak Street, Oakland, California is the place to be to support the Temporary Restraining Order so that the Pacifica Foundation Radio network, including KPFA will continue to exist. Without this TRO, there is no more Pacifica Foundation Radio network. If you are at all able to be there, please do so. You do not have to say anything, just be a warm body present in support of the TRO. Things do not just take care of themselves; they get done because people cared. If you care about KPFA and all other community radio stations, and can be there, please show up.

Here is a further explanation from:
http://2014.supportkpfa.org/?p=509
Wednesday, April 9, 9 am
Department 15 (Superior Court)
1221 Oak Street, Oakland
The request for a hold on various actions by the current Pacifica Board majority is set to be heard this Wednesday, April 9 at Department 15, (Superior Court), 1221 Oak St in Oakland. The hearing begins at 9 am. Please arrive by 8:45 am.

If successful, this action will prevent the firing of current executive director Summer Reese until the case can be heard fully. It will also prohibit other problematic actions. The request will be heard by Judge Ioana Petrou. For a text of the very well written Temporary Restraining Order (TRO), an injunction, is here:
http://www.mediafire.com/download/97kc66njo1muabg/Injunction+Request.pdf
[The very concise and thorough Complaint is at:
http://www.mediafire.com/download/8u7340q7vy4uq77/Case+HG14720131.pdf ]

It is crucial that the courtroom be filled with Summer supporters. Clerks, Judges, court personnel pick up on this sort of thing (no demonstrations in the courtroom, no outbursts, just being there demonstrates support). Brilliant movement lawyers loose brilliant legal cases in empty courtrooms, average movement lawyers win average cases in full courtrooms.
Be prepared to wait. This will not likely be the only case set for 9 am and judges frequently move the more complicated cases to the end of the morning calendar.
* * * * * * * * * * *
Department 15 of Alameda Superior Court on April 9, 2014 has a lot on the calendar. It has 2 ex parte hearings, including the above TRO, plus 3 law and motion matters, 6 Case Management Conferences, 1 Initial Case Management Conference, and starting at 10 a.m., a jury trial! See http://apps.alameda.courts.ca.gov/domainweb/html/index.html

If the tentative rulings were accepted in the Law & Motion matters, they will not take long. The Case Management Conferences usually do not take long as they are just procedural. Ex parte hearings usually do not take a long time, and in the case of the other ex parte case, it will be very short as it just a routine Order Shortening Time for a Motion to Continue Trial. Thus, it is best to be on time.

So far, no attorney is being paid by the Pacifica National Board to represent the defendants so any attorney who appears on their behalf is either pro bono (working for no money) or paid directly by the defendants. Considering they all have a potential conflict of interest with each other, each will need their own attorney.

There is one law firm that is claiming that they somehow represent the Pacifica Foundation when no resolution exists permitting such representation, namely the infamous Siegel and Yee law firm, with many of its attorneys including Dan Siegel and Jose Luis Fuentes being proud members of the government operation trying to destroy the Pacifica Foundation Radio network.

From: http://2014.supportkpfa.org/?p=503
Impersonating The Corporate Counsel
Pacifica’s payroll administrator received a letter from Oakland law firm Siegel and Yee on March 28th instructing them to provide online access to Pacifica’s payroll accounts to three individuals: Raul Salvador, the former probationary CFO terminated by the board of directors on January 2, 2014, disputed board chair Margy Wilkinson, and Bernard Duncan, who was publicly reported hired as an interim ED on April 3rd, one week after the date of the letter.

The letter, authored by Jose Luis Fuentes on Siegel and Yee letterhead, which can be seen here: http://www.mediafire.com/download/a5c2esgh7be66ob/Paychex+letter+3-28-14.pdf
implied the law firm whose partners include Oakland City Council member Jane Brunner, attorney Alan Yee, and Oakland mayoral candidate Dan Siegel, represent the Pacifica Foundation in a legal capacity. Pacifica’s corporate counsel Terry Gross of Gross, Belsky and Alonzo, resigned from his position at the end of March after refusing to represent the board of directors in matters relating to Reese’s attempted termination. No replacement attorney or law firm has been retained.
It is not clear if the partners at Fuente’s firm, Yee, Brunner and Siegel gave Fuentes permission to misrepresent Siegel and Yee as Pacifica’s attorneys.

The payroll administrators contacted national office staff to request verification of the request and were informed Siegel and Yee did not represent the Pacifica Foundation. Payroll was processed as usual.

The radio network and 12 of its board members have a date in court for a hearing on a temporary injunction requested by 9 board members, as “Pacifica Directors for Good Governance” on Wednesday, April 9th.

The lawsuit, which was paid for by independent fundraising (more than 40 community members have donated to the legal fund) is non-financial and asks the court to enjoin actions by the board majority due to the financial risk they represent. to Pacifica Radio. The restraining order paperwork can be found here. The complete text of the legal complaint can be found here.
According to reports, Siegel told some individuals that he would be “representing Pacifica” at the April 9th hearing, although he has not been retained by the board to do so. Siegel is one of the authors and signatories on Reese’s November 11th offer letter for 3 years of employment as Pacifica’s executive director, presented to her by the Pacifica board a mere 20 weeks ago.
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Remember, the power always rests with the people. If you care, and can do so, please be at this crucial hearing.