Tahoe Keys Property Owners Association (TKPOA) has prevailed in the Case No: SC-SLT4914. The Ex Parte Application for order the Tahoe Keys Marina and Yacht Club (TKM&YC) to show cause why it and its agents should not be held in contempt of this Court pursuant to Section 1209 (a)(5) of the California Code of Civil Procedure for the Defendants willful defiance of this Courts September 6th, 1991 Judgement (Superior Court Case SLTL-4914).
During the Judge's (Judge Warren Stracener) opening procedural explanations he indicated that if the Court did find that the TKM&YC is in contempt of this order, the TKM&YC Agent/General Manager would be subject to a potential maximum sentence of 5 Days in jail and a fine. The Judge explained this to Robert Spinnato and his Attorney prior to Robert Spinnato, stating his plea to the charges.......he plead "Not Guilty". The Judge also had indicated that because this was a "Show Cause for Contempt" it has to be proven beyond a reasonable doubt, which could mean the court could find the TKM&YC not in contempt, and in turn not ruling on enforcement of the 1991 Stipulated Judgement. An enforcement action would need to then be filed as a separate civil case. The Judge was requesting that the case today be proven on four merits:
- That the 1991 Stipulated Judgement is valid
- The Defendant (TKM&YC) had knowledge of the 1991 Stipulated Judgement
- The Defendant (TKM&YC) had the ability to comply to the 1991 Stipulated Judgement
- The Defendant willfully failed to comply to the 1991 Stipulated Judgement.
With that said, our Attorney Art Zorio, made his opening statement as requested by the Judge, to layout out the case, and indicate that he was prepared to meet the merits of the case with 15 filed Exhibits as evidence for the Court and 6 Witnesses ready to testify. [TKM&YC only had one witness - Robert Spinnato and no exhibits to enter as evidence]
After our Attorney made his opening statement, the TKM&YC Attorney Justin Clousre, was asked to make an opening statement by the Judge, and he requested not to make an opening statement, and instead to meet with our Attorney out of the court room.
For that meeting Attorney Justin Clousre, requested that the case be settled, with the TKM&YC providing the following, 1)agreeing and recognizing that the 1991 Stipulated Judgement in valid and in effect, 2)the TKM&YC allowing all TKPOA Members free launching and retrieval of vessels based on the 1991 Stipulated Judgement definition starting today 8-30-2017, 3)reimbursement of all TKPOA Members that had submitted declarations that where presented as part of the case by September 8th 2017 (A list of 10 members), 4)A fine of $1,000 imposed by the Judge, and the TKPOA would have to agree to drop the case and potential sentence of jail time and fines for Robert Spinnato and the TKM&YC. [Neal Simmons was also in the court room and briefed by our Attorney of this proposed agreement].
This was agreed on by all parties, memorized in writing by the Judge, and read out loud in the Court Minutes. The TKPOA General Manager and the TKM&YC General Manager where asked by the Judge if they where in agreement with the terms, as a matter of court room record and minutes and they both verbally agreed.
There will be a follow up Court Order written on the terms and outcome of this Case.
After the hearing the Judge also asked the TKM&YC to settle the "Small Claims Claim" filed by the TKB&HA member for his launch fee. Robert Spinnato, said he would pay the member in full for his launch fees, in the court room, and the Judge agreed that case was then settled.
The TKPOA should decide if we want to notify our member to file "Small Claims cases" against the TKM&YC for their launch fees. [Keep in mind this case was not filed for reimbursement of TKPOA Members launch fees, it was about enforcement of the 1991 Stipulated Judgement for Launching and retrieval rights. The launch fee reimbursement for those declarations presented with the case was just an extra bonus to the agreed terms].
Please let me know if you have any further questions. Kirk Wooldridge