IRVINE, Calif.–LAWFUEL – Legal Newswire – Last week, the Superior Court in Orange County entered a dismissal with prejudice confirming a settlement for The Yocca Law Firm client The KOCE TV Foundation in the long-running battle over the future of Orange County’s only PBS affiliated television station. “All I can tell you is that it’s over and we’re thrilled and happy,” said Mel Rogers, station general manager and president.
The settlement represented a surprising turn of events. In 2003, The KOCE TV Foundation acquired the station in a public sale from the Coast Community College District (“CCCD”). A Dallas-based televangelist church known as Daystar filed a legal challenge to the sale claiming that CCCD had violated public contract law requirements. On May 25, 2006, California’s Fourth District Court of Appeal issued a final ruling in favor of Daystar and decided that CCCD and The KOCE TV Foundation should be ordered to unwind the sale. All hope for The KOCE TV Foundation appeared to be lost when the California Supreme Court declined to review the appellate court’s decision.
In October 2006, The KOCE TV Foundation retained Mark W. Yocca of the Yocca Law Firm. On November 22, 2006, January 12, 2007, and again on March 29, 2007, Daystar and the CCCD requested an immediate order from the Orange County Superior Court requiring the KOCE TV Foundation to submit a license transfer application with the Federal Communications Commission. At each court hearing, however, the court agreed with Yocca and The KOCE TV Foundation that practical realities prevented an immediate transfer, that unwinding the sale would be a financial disaster for all parties, and that the parties should explore a mediated resolution.
Following months of negotiations, The KOCE TV Foundation and Daystar reached a mutually agreeable settlement. While the terms are confidential, it has been announced that KOCE TV will continue to serve Southern California as a PBS affiliate. Partner Mark Yocca stated, “When we were hired, many doubted that anything could be done to save KOCE. We are extremely pleased that we could help.”
The Yocca Law Firm LLP specializes in both complex litigation and business transaction, and heavily drew upon both skill sets in this case.