Metropolitan News-Enterprise


Tuesday, February 9, 2021


Page 1


Superior Court Issues Minute Order


The minute order in the ADDA’s action against District Attorney George Gascón says:

NATURE OF PROCEEDINGS: Ruling on Submitted Matter - Order to Show Cause Re:  Preliminary Injunction

The Court, having taken the matter under submission on 02/02/2021, now rules as follows:

Summary of the court’s ruling:

Petitioner Association of Deputy District Attorneys for Los Angeles County (“ADDA”) applies for a preliminary injunction enjoining Respondents George Gascon, in his official capacity as District Attorney for the County of Los Angeles (“District Attorney” or “Gascon”) and the Los Angeles County District Attorney’s Office (“Office”) (collectively, “District Attorney”) from enforcing portions of Special Directives 20-08, 20-08.1, 20-08.2. and 20-14 (collectively “Special Directives’”).

The court has read and considered the moving application, opposition, and reply, heard oral argument on February 2, 2021, and renders the following decision.

ADDA’s application for a preliminary injunction is granted in large part. A preliminary injunction will issue that enjoins the District Attorney, through his Special Directives, from (a) requiring deputy district attorneys not to plead and prove strike priors under the Three Strikes law. (b) requiring deputy district attorneys to read the statement in Special Directive 20-08.1 to  trial courts without adding qualifying language concerning Kilborn and other controlling case  law and without having legal grounds to seek dismissal under section 1385, (c) compelling  deputy district attorneys to move to dismiss strike priors or any existing sentencing enhancement  in a pending case without having legal grounds as required by section 1385, (d) compelling  deputy district attorneys to move to dismiss or withdraw special circumstance allegations that  would result in a LWOP sentence without legal grounds as required by sections 1385 and 1386,  and (e) compelling deputy district attorneys not to use proven special circumstances for sentencing in violation of section 1385.1. The preliminary injunction will not enjoin the District Attorney from preventing deputy district attorneys from charging sentencing enhancements in new cases where not required by the Three Strikes law.

Absent inapplicable circumstances, a bond is required for every preliminary injunction. As neither party briefed the issue, a nominal bond of S250 is required. ADDA must post the bond within five court days and provide evidence to the District Attorney” s counsel that it has done so.


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