Los Angeles Fluoride Lawsuit - City's Demurrer

 

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NOTICE OF HEARING ON DEMURRER AND DEMURRER TO THE COMPLAINT

 

S. DAVID HOTCHKISS (Bar No. 076821)
111 North Hope Street, Suite 340
P. O. Box 51111
Los Angeles, California 90051-0100
Telephone: (213) 367-4579

Attorneys for Defendants LOS ANGELES CITY
COUNCIL and DEPARTMENT OF WATER AND
POWER

 

SUPERIOR COURT OF THE STATE OF CALIFORNIA

COUNTY OF LOS ANGELES

 LOS ANGELES CITIZENS FOR SAFE
DRINKING WATER. PAUL
BORRACCIA, DOUGLAS CRAGOE,
MICHAEL DELANEY, NANCY MILLER,
DAVID MORGAN, ALAN SIMMONS,
CLIFFORD STERN, HOWARD O.
WATTS,

Plaintiffs,

vs.

LOS ANGELES CITY COUNCIL,
DEPARTMENT OF WATER AND
POWER, and DOES 1-20, inclusive,

Defendants
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 CASE NO. BC 207490
[Assigned to Judge Reid]
Date: May 28, 1999
Time: 8:15a.m.
Place: Dept 55

MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
DEMURRER FILED BY DEFENDANTS
LOS ANGELES CITY COUNCIL
AND LOS ANGELES DEPARTMENT
OF WATER AND POWER

Discovery Cut-off. By Statute
Motion Cut-off: By Statute
Defendants Trial Date: None

 

PRELIMINARY STATEMENT

Effective September 29, 1996, the California Legislature added section 116410

to the Safe Drinking Water Act of the Health and Safety Code. In section 116410 subd. (a),

the state Legislature determined, in relevant part:

 "in order to promote the public health through the
protection and maintenance of dental health, the department
[of Health Services] shall adopt regulations... requiring the
fluoridation of public water systems."
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in the Code of Regulations section 64433.3 et seq.

A review of the legislative history of section 116410 reveals that the state

Legislature and the Governor have made all findings necessary to support the conclusion that

fluoridation of public water systems will promote public health. (RJN7.)[1] As it is presumed that

official duty has been regularly performed (Evidence Code section 664), it will be presumed that

the Legislature acted in conformance with the law in adopting the fluoridation

requirements of section 1164102 as did the Governor in signing it into law.

The Board of Water and Power Commissioners of the Los Angeles Department

of Water and Power ("Department") included as item one in its consent agenda for January 3, 1996,

a "Resolution supporting the fluoridation of the City's water supplies by this

Department." (RJN 1.) The agenda containing that item was duly posted prior to the meeting

of January 3, 1996 in conformance with the Ralph M. Brown Act. Government Code Section

54950 et seq. In Resolution No. 96-137, the Board resolved and determined, inter alia, to

work with appropriate City officials and staff to implement a fluoridation program for the City of Los

Angeles. (RJN 2.)

Operative April 22, 1998, Title 22 of the Code of Regulations at section 64434 ranked the City

of Los Angeles (RJN 2.) 16th in priority among California cities to initiate fluoridation

of its water system. That law provides, in relevant part:

"Public water systems with 10,000 service
connections or more that are not fluoridating as of July 1,
1996, shall install fluoridation systems and initiate
fluoridation according to the order established in Table
64434-A, as the water systems receive funds from sources identified by the Department, pursuant to Health and Safety Code section 116415. 

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[1] Pursuant to Evidence Code sections 452 subd. (b) and (h) and 453, a Request for Judicial Notice ("RJN") of this state Legislative history and other legislative enactments of the City of Los Angeles and its Department of Water and Power has been filed under separate cover concurrently with this memorandum.

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DATED: April 23, 1999

 JAMES K. HAHN, City Attorney
THOMAS C. HOKINSON, Chief Assistant
City Attorney for Water and Power

 

By: (signed)
S. DAVID HOTCHKISS
Assistant City Attorney

Attorneys for the Los Angeles City Council
and the Department of Water and Power
of the City of Los Angeles


 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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