Friday, December 29, 2017

• Wildomar Walmart Update

No, there are no dates set for grading or construction of the Walmart site on Bundy Canyon and the I-15, but the court case is now over and it should be an open road from here on out for the retail giant.
From a flyer distributed by Walmart at a Wildomar Chamber of Commerce breakfast back in January 2015.

It's been reported that The 4th District Court of Appeal published a ruling that upheld the dismissal of an action against Wal-Mart as a sanction for high-profile San Diego plaintiffs' attorney Cory Briggs defying discovery orders.

Though he was slapped down at the appellate level, he still could try and take this to the next step; the California Supreme Court. 

From what I've seen with other groups that dabble in this type of thing, incessantly thinking they know better than the courts with fruitless appeals, I wouldn't be totally surprised if that happens here too.
Future Wildomar Walmart at Bundy Canyon and the Freeway.
A great article was written about attorney Cory Briggs and Creed-21, by Brad Racino of inewsource.org. 


The case came down to the law firm not following court orders. I could try to rehash the article, but that would be doing a disservice to it (not to mention stepping on Brad Racino's toes - to say the least). 

One quote from the inewsource article suggests that the Wildomar Walmart case could quite likely be cited as precedent in future cases.


“This case is a piece of evidence that’s going to get cited in other cases,” said San Diego attorney Charles Bird, “by people who think that Cory [Briggs] doesn’t really have clients.” 

— inewsource.org,  Brad Racino, December 28, 2017
If this case interests you, be sure to read the article linked above, it's quite informative. Giving insights as to what that law firm has done over the years, including trying to squelch inewsource's 1st amendment rights in one case.

After 17 stories, SDOG – Briggs’ most litigious nonprofit – sued inewsource and San Diego State University (where inewsource is housed).

It did not challenge the accuracy of inewsource reports about Briggs. Instead, it challenged the terms of the contract inewsource and SDSU have for space. For the first time, the nonprofit was represented by an attorney other than one from the Briggs Law Corp.

inewsource won the case at the Superior Court. SDOG appealed and lost again at the appellate court level, with a three-judge panel agreeing that the lawsuit was an attempt to curtail free speech rights.

The case is pending before the state Supreme Court.

inewsource.org,  Brad Racino, December 28, 2017
No matter which side of the Walmart in Wildomar issue you find yourself on, it has to be galling to watch groups and individuals look to game the system, costing the tax payers money and lost opportunities, as court cases drag on for years.
Much needed road improvements to Bundy Canyon Road, near I-15, will come with the construction of the "nearly" 200,000 SF Super Walmart.
I had the chance to read the Daily Journal's article on this case; it was a scathing assessment of attorney Cory Briggs. Sorry, I don't have a link to it but thought I'd share one of my favorite parts of it.
In one opposition to a discovery motion, Briggs "claimed a paralegal was unable to serve the revised discovery responses for a variety of reasons, including 
(1) because her grandmother had to undergo emergency surgery; 
(2) because Mr. Briggs's associates aunt passed away, and 
(3) because Mr. Briggs' parents' house exploded, caught fire, and was rendered uninhabitable — all simultaneously," according to the letter by Deputy San Diego City Attorney Carmen A. Brock, which was submitted Monday.

— Excerpt from Daily Journal, Dec 21, 2017
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Always do right — this will gratify some and astonish the rest.
— Mark Twain  

It's gratifying to announce that Astonishment is Wildomar Rap's middle name.

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