Barnes is representing Andrew Currid, of Alameda, in the filing.
The response, filed in February, as was the school district’s response, attempts to have the lawsuit dismissed over a technicality.
Primarily, Barnes alleges that the plaintiffs didn’t properly publish notice of their complaint in a publication with the bounds of the city of Alameda and of the school district.
Ed Hirshberg, the plaintiff, told Action Alameda News that his attorney, David Brillant, published notice via the Inter-city Express, which publishes the legal paper San Francisco Daily Journal. He said that publication is “approved by the bar.”
A representative at Inter-city Express told Action Alameda News that the Northern California version of the journal is published Monday to Friday, and is distributed by mail and hand delivery, to attorneys, courts and legal libraries that subscribe.
She said that there are about two dozen subscriptions within the boundaries of the city of Alameda, and 3,002 subscribers across Northern California, including the Alameda County Law Library and Alameda County Superior Court.
California Code of Civil Procedure Section 861 reads, “Jurisdiction of all interested parties may be had by publication of summons pursuant to Section 6063 of the Government Code in a newspaper of general circulation designated by the court, published in the county where the action is pending and whenever possible within the boundaries of the public agency, and in such other counties as may be ordered by the court, and if there be no such newspaper in any such county or counties then in some adjoining county.”
The lawsuit alleges that the cap on the tax in Measure B1 creates a separate classification of parcels, which is in violation of state law.