Judge Sets Trial Date for UCLA Japanese Garden

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Hannah Carter in the Japanese Garden with her son Jim and his wife Philipa in 1970. (Photo courtesy of Caldwell family)

By RYOKO OHNISHI, Rafu Shimpo

On Friday, the third hearing was held at Santa Monica Courthouse in regard to UCLA’s controversial sale of the Hannah Carter Japanese Garden.

Los Angeles Superior Court Judge Lisa Hart Cole overruled the defendant’s challenge and ordered the UC Board of Regents to answer in 20 days.

On July 27, Cole granted the donor family’s preliminary injunction and issued a temporary ruling to stop the sale of the garden. Bids were scheduled to be opened Aug. 15.

During the 10-minute hearing, the regents stated their objection to the earlier decision, but Cole repeated that UCLA has an obligation to maintain the garden in perpetuity. The judge also told both parties to have a private mediator resolve the issues and set the trial date for May 6, 2013.

The plaintiffs posted the $110,000 undertaking, so the preliminary injunction is now in effect. The regents cannot sell the garden, and must maintain it at least through the end of trial or unless a court of competent jurisdiction rules otherwise.

After the hearing, the attorney for the late Hannah Carter’s family, Walter W. Moore of the Law Office of John R. Walton in Pasadena, told The Rafu Shimpo, “The Hannah Carter Garden is beautiful, unique and important. It reminds me of Claude Monet’s garden in Giverny, France. The French government never destroys the garden and the UC Regents are a branch of the government. They should protect the garden.”

For more details, see The Rafu Shimpo’s previous report here.

 

 

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