08/11/2025 | Press release | Distributed by Public on 08/11/2025 15:33
(CYPRESS, CA) - The California Court of Appeal has affirmed a lower court's ruling in favor of the City of Cypress, rejecting a lawsuit brought by Californians Aware that claimed the City Council violated the state's open meeting law, the Ralph M. Brown Act, by discussing a legal threat during a closed session.
In a unanimous opinion, Presiding Justice Joanna Motoike and Associate Justices Thomas Delaney and Eileen Moore of the Fourth District Court of Appeal upheld a 2023 ruling by Orange County Superior Court Judge Erick L. Larsh, concluding that "the City acted within the scope of the Brown Act's pending litigation exception" and "was allowed to meet in closed session to discuss the legality of its at-large electoral system."
The case originated from the City Council's closed session review of a letter from the Southwest Voter Registration Education Project (SVREP), which threatened litigation unless the City transitioned to district-based elections. Californians Aware initially contended that no legitimate threat of litigation existed. However, after the City demonstrated that the SVREP letter explicitly threatened legal action, the group shifted its argument, claiming that the City Council's decision to reject SVREP's demand was a policy decision that should have been made in open session. The courts have rejected both claims.
This ruling confirms the City of Cypress acted lawfully, aligning with the City's values and respect for the law.
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