On September 5th a Superior Court Judge ruled that although Petitioners Bob Whitney and Michael Morton laid out in detail their criticisms of the La Jolla Community Planning Association’s (LJCPA) March 2014 election, they offered little in legal analysis as to why their requested writ of mandate should be issued. Key contentions of the March 2014 LJCPA election challenge lawsuit no longer mattered and were therefore moot.
The term “moot” can be used in several related ways. It can mean; (i) an argument that no longer has any practical consequence. (ii) an argument that can be endlessly debated with no way to reach a clear conclusion. (iii) an argument that is about something completely meaningless and thus only argued for the sake of having an argument. Or (iv) in a legal sense, it can mean an issue whose resolution no longer matters due to changes in circumstances.
The court’s decision confirms the prolonged delay tactic used to ignore the 2014 LJCPA election challenge, by Joe LaCava and the LJCPA Trustees, assures that City Council Policy 600-24, the LJCPA’s City approved bylaws nor the courts can provide our community protection from planning group election fraud. What legal analysis did the courts need to determine if LaCava was duly elected? Did the Judge read LaCava’s March 2014 emails? In his own words, he admitted “My bid to return as an elected trustee was not successful”.
The court’s ruling simply guarantees that LaCava and the LJCPA will continue the charade that the community planning process in La Jolla is fair, transparent and open to everyone. Likewise, perhaps due to changes in circumstances in the June 2016 primary elections, the resolution of LaCava’s candidacy for City Council will be moot and therefor no longer matter. Hopefully, our community will vote for a fair, honest and transparent candidate who honors their word and abides by the established rules.
Below are Joe LaCava’s emails in which he admitted he was not duly elected!
From: Joe LaCava [firstname.lastname@example.org]
Sent: Sunday, March 30,2014 1:05 AM
To: Henegar, Lesley;(Senior Planner for the City of San Diego) Bragado, Nancy (Deputy Director of Long Range Planning for the City of San Diego).
I understand that Tony has asked the City to weigh in. You should know that both Jim Fitzgerald and I (both termed out members seeking reelection) have individually written the investigating LJCPA Officers *twice* explaining that neither of us were duly elected under the LJCPA by laws (See my email below.) Despite that the officers have concluded otherwise.
I realize the irony that I am arguing against my reelection despite my desire to sit on the LJCPA and the voting members clearly wanted me elected.
However, the integrity of the organization and conducting its operations in a credible manner is more important than any individual. I hope you agree.
By the way, I am out of town and will not be at LJCPA’s Thursday meeting.
Thank you for your guidance and support on planning groups.