Judge Denies Demurrer Plea- Good News in City of Susanville Case Over Closure of CCC


The City of Susanville gets good news following today’s proceeding of The State of California and the Department of Corrections and Rehabilitation demurrer plea. Presiding Judge Moody has denied the request to dismiss the city’s case. Judge Moody stated CDCR paid no attention to the department’s own penal code of prison closure requirements including reporting to a budget committee such as the costs to operate the facility ( Penal code 5003.7 ) for its decision to close the California Correctional Center, considering the prison is one in a few that does operate in the black. Moody also stated the department abused its discretion in selecting CCC with no reliance on its own statute sections A and B of that Penal Code. Against the department’s argument that the Notice of Preparation for CEQA review was in process, Judge Moody several times had to shut down their argument stating the NOP does not establish compliance. Moody even suggests the move was “cheeky”. Next week, a court date has been set to discuss the duties of the Special Master who was determined to help referee the trial. The appointment went to the 3rd court of appeals earlier this month, yet the courts thought the duties were too vague and returned the discussion back to Judge Moody to determine. The court will begin at 9 am in courtroom B of the Lassen Superior Courthouse.