Case Number GIC776645

Plaintiffs and Petitioners El Toro Reuse Planning Authority and Paul D. Eckles' Motion for Preliminary Injunction; the Opposition filed thereto; the documents lodged by the Parties; and Court's December 7, 2001 Ruling pertaining to the Preliminary Injunction came regularly on for oral argument on December 20, 2001 and were taken under submission by the Honorable Charles R. Hayes, Judge Presiding.

The Court having read and considered the Motion; the Opposition filed thereto; and the arguments presented by Counsel hereby confirms the Court's December 7, 2001 Ruling and enters the following Order:

1.Judicial Notice taken as requested.

2. The evidentiary objections submitted by the Orange County Defendants were considered by the Court. The Court disregards all those portions of the evidence it considers to be incompetent and inadmissible, and therefore declines to give a written ruling on the evidentiary objections. [See Biljac Associates v. First Interstate Bank (1990) 218 Cal. App.3d 1410]

3. Defendants Orange County Regional Airport Authority, Townsend Raimundo Besler & Usher, and John M. Wagner's joinder in the Orange County Defendants' Opposition is denied as untimely. (1)

4. The Orange County Defendants' Request to Strike the Supplemental Declaration of Paul D. Eckles is denied.

5. The Court after considering the evidence and balancing the Parties' equities hereby grants Petitioner/Plaintiff Paul D. Eckles' Motion for the Issuance of a Preliminary Injunction enjoining the Orange County Defendants from expending public funds to oppose Measure W. The Orange County Defendants shall neither promote nor discourage the use of El Toro for commercial aviation purposes and shall provide open and even handed information devoting equal time and space to all issues both pro and con pertaining to the proposed airport at El Toro. Pending further Order of this Court, the Orange County Defendants are enjoined from expending any further funds until the issue raised in oral argument concerning work performed pre December 7, 2001 has been fully adjudicated.

6. The Preliminary Injunction shall issue conditioned upon the posting of a $10,000.00 undertaking together with a Proposed Preliminary Injunction in conformity with the above Order within 5 Court days of this Ruling. In light of the Court's Decision regarding Plaintiff/Petitioner Eckles', the companion Motion by ETRPA is moot.

Party requesting oral argument must inform the Calendar Clerk no later than 12:00 noon on Tuesday following the Telephonic Ruling by calling (619) 685-6017. Written issues must be served on opposing party and filed with the court by close of business the day oral argument request is made.