in a “desegregation” class action. This action, known as the Carlin case, was brought by a plaintiff-class (CARLIN CLASS) against the Board of Education (BOARD) in 1967 in San Diego Superior Court to “integrate” the San Diego Unified School District.

Next, I related the background of INTERVENORS’ motions to terminate court jurisdiction (1) by an order finally approving BOARD’s integration plan, modified by elimination of mandatory racial balancing, and (2) by discharge of the writ of mandate, which motions were ultimately rejected by the trial court.

I further argued it was also appropriate to review whether the Court of Appeal should have mandated the Superior Court to give meaning to Section 7(a) as invoked in this case:

On October 4, 1996, petitioners filed a verified petition for peremptory writ from the August 16 SUPERIOR COURT judgment, which was denied by the annexed November 18, 1996 Court of Appeal order, “as there is an adequate remedy by appeal.” Awaiting perfection of an appeal in this complex case, pending now for almost twenty-nine years, would assure a lengthy period before modifications in the BOARD’s integration plan could be considered.

There is thus presented for the first time whether this order thwarts the right of petitioners to apply the provisions of Section 7(a) relating to the modification of the integration plan in this case, under its expediting provision:

... In all actions or proceedings arising under or seeking application of the amendments to this subdivision proposed by the Legislature at its 1979-80 Regular Session, all courts, wherein such actions or proceedings are or may hereafter be pending, shall give such actions or proceedings first precedence over all other civil actions therein.

As to the Interest of Petitioners, I reasserted their interest previously presented to the Court of Appeal (1) in discontinuing racial discrimination of non-class persons in the school district; and (2) in restoring the exercise of democratic rights of non-class citizens in the district, especially noting