In the case, the ACLU of Southern California is charging that the Governor and Regents violated the Bagley-Keene Open Meeting Act by making a series of phone calls to lock in yes votes for resolutions to end affirmative action at the University of California prior to a July 1995 public meeting on the matter. Plaintiffs seek nullification of those resolutions.

The Court also granted plaintiffs' motion to depose several of the Regents, including Ward Connerly, and the Governor's Press Secretary Sean Walsh. This ruling means that the Regents and Mr. Walsh will have to testify under oath about their alleged secret lobbying.

Plaintiffs, the Daily Nexus and reporter Tim Molloy, filed suit against the Governor and Regents in February 1996 charging that at least a quorum of the UC Board formed a collective agreement to vote in favor of the anti-affirmative action resolutions prior to the official public meeting and outside of public view. Specifically, plaintiffs charge that Governor Wilson made phone calls to other Regents to lock up the vote ahead of time.

Under the Bagley-Keene Open Meeting Act, the public and press have the right to see, hear, and participate in all deliberations of public bodies like the Regents. The Act specifically prohibits a quorum or more of the Board (i.e., nine Regents) from agreeing to vote a certain way through a series of private phone calls and provides that any action taken in this way should be declared "null and void."

The Governor and Regents' request for a summary judgment motion did not argue that they had complied with the law. Instead, the defendants contended that the plaintiffs' claims were barred by the statute of limitations. Defendants' apparent argument was that the alleged violation of the Open Meeting Act should have been so obvious to plaintiffs, that they were required to file suit months before they did.

Judge Garcia rejected the Governor and Regents' argument, concluding that "the Plaintiffs diligently pursued facts that would support the possible existence of pre-meeting contacts" and that to "accept Defendants' argument would eviscerate the doctrine of equitable tolling in cases where the defendant fraudulently lulled the plaintiff into inaction."

"The order clears the way for the public to finally find out the truth about the Regents' alleged secret deliberations," said plaintiffs' counsel Dan Tokaji. "From the beginning of this litigation, the Governor and Regents have desperately tried to avoid having to tell the truth under oath. The defendants are now out of excuses. Today's ruling means that the Governor's Office and Regents will have to stop stonewalling, and will have to answer for their conduct under oath."

"I am very pleased with today's ruling," said plaintiff Tim Molloy. "It vindicates the purpose of the Open Meeting Act. If public officials can manipulate the vote behind closed doors, and then escape responsibility by hiding their wrongdoing, then they can effectively transform what should be a public meeting into a puppet show."

Added Nick Robertson, editor-in-chief of the Daily Nexus: "This decision marks a great victory for the public's and the press' right to know in matters of this broad scope. Now the Regents can no longer avoid the public eye. The Daily Nexus' goal from the beginning has been to find out the truth, and to get that truth before the public. We believe that the press and the people have a right to see and hear everything that goes on within the Board of Regents. It is an issue of immense importance not only to students in the University of California, but to people throughout the State."

Judge Garcia's order set a status conference for Monday, May 27, 1997 at 2:00 pm in Department 10 of the San Francisco Superior Court, 633 Folsom Street in San Francisco.