The motion of Respondent City of Escondido for summary judgment is granted. There are no triable issues of material fact. Petitioners have failed to establish a violation of Education Code § 18910. Friends of the Library of Monterey Park v. City of Monterey Park (1989) 211 Cal.App.3d 358 is factually distinguishable. In that case, the ordinance in question disbanded the board of library trustees. Here, the subject resolution did not disband the board or otherwise remove from them the power to manage the library. The board never had management over the day-to-day operations of the library. It is undisputed that the Library is a City department and individuals previously employed by the City handled daily operations and were paid from general funds. The City continues to provide these daily services of the Library, through services delivered by agreement through Library Systems and Services, LLC ("L&S"). Further, Education Code § 19104.5 does not apply here as there was no withdrawal fro
Hearing Date
March 28, 2019
Category
Civil - Unlimited
For full print and download access, please subscribe at https://www.trellis.law/.
The motion of Respondent City of Escondido for summary judgment is granted. There are no triable issues of material fact. Petitioners have failed to establish a violation of Education Code § 18910. Friends of the Library of Monterey Park v. City of Monterey Park (1989) 211 Cal.App.3d 358 is factually distinguishable. In that case, the ordinance in question disbanded the board of library trustees. Here, the subject resolution did not disband the board or otherwise remove from them the power to manage the library. The board never had management over the day-to-day operations of the library. It is undisputed that the Library is a City department and individuals previously employed by the City handled daily operations and were paid from general funds. The City continues to provide these daily services of the Library, through services delivered by agreement through Library Systems and Services, LLC ("L&S"). Further, Education Code § 19104.5 does not apply here as there was no withdrawal fro