This update is intended to let the smog community know the status of litigation in the Star Matter.
First and foremost, we’ve had a lot of feedback from the community regarding our efforts on this matter. We appreciate your words of support.
The process was held up considerably because no one wanted to step forward and fight the Bureau. It seems the fear factor in facilities were a detriment to the cause. Retaliatory actions were the chief concern. This delayed this project.
Second, we are doing this case pro bono. We are not seeking damages or taking this case with an eye towards a pot of gold at the end of the rainbow. We are not being compensated, nor are we asking to be compensated. Realistically, our only goal is to stop the star program. We are not bringing this case because of some anticipated financial reward.
As of right now we are scheduled for a Demurrer hearing on January 6, 2013. When we defeat this action, our next step is class certification. Finally, once the class is certified, we will be able to bring an ex parte motion to stop the star program.
What you can do to help.
What we’d like to be able to do when the ex parte hearing comes is show the judge the effect this is having on shops. That is, show numbers depicting the drop in tests performed and or income for shops that did not achieve certification for STAR.
What this will do is show the real life impact of this program – how it will put shops out of business if it continues. This information will be imperative to show to the court.
In the meantime we will keep moving forward, fighting this program.
Any help, thoughts or insight is always appreciated.