Tom Umberg (counsel for the Fair Board and yes, that Tom Umberg) and the State Attorney General have been put on notice that the temporary restraining order stopping the sale of the Orange County Fairgrounds is being violated by the meeting planned for Saturday, January 1, 2011 at 4:30 PM to sign a deed to convey the Fairgrounds property to a special agricultural district to allow the quick closing of a sale.
The letters address actions reportedly taken by Ronald Diedrich, Acting Head of DGS, Fred Aguiar, former head of DGS and now Gov. Schwarzenegger's deputy chief of staff, and Steven Beazley, CEO of the 32nd DAA. The Fair Board is asked to cancel the New Years Day meeting by December 27 or potentailly face further actions in court.
Excerpt from the letter to Tom Umberg at Manatt, Phelps, & Phillps addressing the actions of Steve Beazley and the Fair board in scheduling the January 1, 2011 meeting:
You no doubt are aware that actions pertaining to the sale, transfer, assignment, pledge, or any other disposal of the Orange County Fairgrounds were restrained specifically by an order of the Superior Court and are stayed currently by an order of the Court of Appeal. The Superior Court order was in effect until 4:30, December 21st, 2010. The Court of Appeal order was entered mid-afternoon on the 21st and has been in effect ever since then. Both orders prohibit any step being taken toward the sale of the Orange County Fairgrounds. Clearly the execution of a quit claim deed to the 32A District is a major step towards the sale of the Fairgrounds....
Excerpt from the letter to Michael Witmer, Deputy Attorney General:
This will confirm my telephone call with you this morning. Steve Beazley, President and CEO of the 32nd District Agricultural Association has noticed a special meeting of the Orange County Fair Board for 4:30 on January 1, 2011. .....
Whether the action directing that a meeting be held has been taken by Mr. Diedrich or other officials of DGS or by Fred Aguiar or other officials of State and Consumer Services Agency, such action violates the explicit terms of the temporary restraining order extended by the trial court until 4:30 on December 21st, 2010 and the terms of the stay ordered by the Court of Appeal mid-afternoon on December 21st. Both orders prohibit DGS from taking any steps to further the sale of the Orange County Fairgrounds. Directing the Orange County Fair Board to meet to transfer title subjects Mr. Diedrich and Mr. Aguiar to a motion finding them in contempt of court and imposing penalties. ...
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