Benjamin Elliot Kaplan (SBN 43456)
Douglas C. MacLellan (SBN 169933)
LAW OFFICES OF KAPLAN & SAM
Opera Plaza, Suite 2090
601 Van Ness Avenue
San Francisco, California 94102
Telephone: (415) 447-8300
Kenneth J. Schmier (SBN 62666)
1475 Powell Street
Emeryville, California
Attorneys for Plaintiff/Petitioner
MICHAEL SCHMIER
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE CITY AND COUNTY OF SAN FRANCISCO
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MICHAEL SCHMIER, individually, and for all persons similarly situated in the State of California, and as a Private Attorney General, Petitioner, vs. SUPREME COURT OF CALIFORNIA, CALIFORNIA COURTS OF APPEAL, and CALIFORNIA JUDICIAL COUNCIL Respondents, |
Action No. 995232 ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION Date: May 22, 1998
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On reading the complaint of Plaintiff/Petitioner on file in this action, the Application For Order To Show Cause And/Or Temporary Restraining Order, the Memorandum of Points and Authorities and all other papers submitted herewith, it appears to the satisfaction of the court that this is a proper case for granting an Order to Show Cause and Temporary restraining Order, and that unless the Temporary Restraining Order prayed for in the Application be granted, irreparable injury will result to Plaintiff/Petitioner in his personal capacity and in his capacity as private attorney general, before this matter can be heard on notice.
NOW, THEREFORE, IT IS ORDERED, that the above-named defendants, the SUPREME COURT OF CALIFORNIA, COURTS OF APPEAL, and JUDICIAL COUNCIL, and each of them, appear before this court in Room 302, located at 400 McAllister Street, San Francisco, California, on June 19, 1998, at the hour of 9:30 a.m., to show cause, if any they have, why they, and each of them, should not be enjoined and restrained during the pendency of the action from engaging in, committing or performing, directly or indirectly, any of the following acts:
Enforcing California Rules of Court Rule 976(b), 976(c), 977, 978, and 979.
IT IS FURTHER ORDERED that pending the hearing and termination of said Order to Show Cause, the defendants, and each of them, are hereby, restrained and enjoined from engaging and/or performing directly or indirectly any and all of the following acts:
Enforcing California Rules of Court Rule 976(b), 976(c), 977, 978, and 979.
IT IS FURTHER ORDERED that copies of all moving and supporting papers be served on the defendants, and each of them, no later than May 27, 1998.
Dated: May 22, 1998
Reply: June 17, 1998
Opp: June 12, 1998
The Hon. Raymond D. Williamson, Jr.
JUDGE OF THE SUPERIOR COURT