Bernardi

Bernardi v. City Council of L.A.

Caution
54 Cal. App. 4th 426·63 Cal. Rptr. 2d 347
Court of Appeal of CaliforniaMarch 19, 1997B098962California5,227 words

Opinion

Opinion

Klein, J.

Defendants and appellants the City of Los Angeles (the City) and the City Council of the City of Los Angeles (the City Council) (sometimes collectively referred to as the City), the Community Redevelopment Agency of the City of Los Angeles (the CRA), and the Los Angeles Unified School District (LAUSD) (collectively appellants) appeal an order denying their motion to modify a judgment.

The issue presented is whether the trial court correctly held in 1995 that it lacked jurisdiction to modify a 1977 stipulated judgment validating the subject redevelopment plan.

We conclude the trial court’s ruling was proper because the validation judgment is binding and conclusive, and the fiscal cap and time limit contained therein are integral parts of the judgment and likewise are not modifiable. The order therefore is affirmed.

Factual and Procedural Background

1. Redevelopment controversy and resulting stipulated judgment.

On July 18, 1975, the City Council approved a redevelopment plan (the Plan) for the Central Business District Redevelopment Project (the Project). The Project encompassed 1,549 acres of downtown Los Angeles which the City Council determined to be in a…

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