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1 William L. Adams, Esq. (SBN 166027
JOHNSTON | THOMAS, Attorneys at Law, P.C.
2 1400 N. Dutton Avenue, Suite 21
Santa Rosa, California 95401
3 Phone (707) 545-6542
Facsimile (707) 545-1522
4 E-mail: wadams@johnstonthomas.com
5 Counsel for Defendant
TWO ROCK VOLUNTEER FIRE DEPARTMENT
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Counsel for Defendant
7 THOMPSONGAS, LLC in Case No. SCV-270322
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9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 IN AND FOR THE COUNTY OF SONOMA
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12 FREAR STEPHEN SCHMID AND Case No. SCV-266225 and
ASTRID SCHMID, consolidated action SCV-266731
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Plaintiffs,
14 DECLARATION OF WILLIAM L. ADAMS
vs. IN SUPPORT OF EX PARTE
15 APPLICATION TO ADVANCE HEARING
DATE FOR COUNTY OF SONOMA’S
16 TWO ROCK VOLUNTEER FIRE MOTION TO VACATE TRIAL DATE AND
DEPARTMENT, A California Nonprofit Public TO CONSOLIDATE ACTIONS
17 Benefit Corporation,
Ex Parte Date: June 13, 2022
18 Defendant. Time: 10:30 a.m.
Dept: 19
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Trial Date: November 4, 2022
20 AND CONSOLIDATED ACTION.
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22 I, WILLIAM L. ADAMS, hereby declare:
23 1. I am an attorney duly licensed to practice before all Courts in the State of California.
24 I am the attorney of record for Defendant TWO ROCK VOLUNTEER FIRE DEPARTMENT
25 (“Two Rock VFD”) in this consolidated action. I am also the attorney of record for Defendant
26 THOMPSONGAS, LLC (“Thompsongas”), in the related case of Schmid v. Thompsongas, Sonoma
27 County Superior Court Case No. SCV-270322, filed March 4, 2022, arising out of the same facts
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DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF EX PARTE APPLICATION TO
ADVANCE HEARING DATE FOR COUNTY OF SONOMA’S
MOTION TO VACATE TRIAL DATE AND CONSOLIDATE ACTIONS
1 and circumstances, and involving the same subject property.
2 2. Both Two Rock VFD and Thompsongas has joined in the Defendant County of
3 Sonoma’s Motion to Vacate Trial Date; to Establish Cut-Off Dates and Re-Open Discovery; and to
4 Consolidate Actions (“County’s Motion”) filed and served on May 6, 2022.
5 3. I have personal knowledge of the legal, procedural and factual issues in this matter. I
6 make this Declaration in support of the Ex Parte Application to advance the hearing date for
7 County’s Motion. The information set forth in the County’s Motion; my clients’ Joinder pleadings
8 and supporting declaration in support thereof; and the information set forth in this declaration is
9 true and of my own personal knowledge, and if called as a witness, I would competently testify
10 thereto. Additionally, pursuant to Evidence Code sections 451 et seq., the Court is respectfully
11 requested to take judicial notice of its own files and records, including, but not limited to, the
12 County’s Motion; all four (4) of the ongoing cases at issue in the County’s Motion; and the
13 documentary exhibits submitted in support of this Ex Parte Application.
14 4. On June 3, 2022, the Court notified all parties that the hearing date for the County’s
15 Motion was set for September 21, 2022. The County also served a copy on June 3, 2022.
16 5. As shown by email chain attached as Exhibit 3 to the Declaration of Deputy County
17 Counsel Michael King, on June 7, 2022, Defendants requested Plaintiffs stipulate to an advance of
18 the hearing date for the County’s Motion. On June 8, 2022, Plaintiffs communicated in writing that
19 Plaintiffs declined to stipulate and will likely oppose a change in the hearing date for the County’s
20 Motion. Consequently, this Ex Parte Application is necessary.
21 6. Rather than burden the Court file with a duplicate set of all the documents submitted
22 in support of this Ex Parte Application, I incorporate herein by reference and join in the submittal,
23 authenticate the documents based on my personal knowledge, and request the Court take judicial
24 notice pursuant to Evidence Code 451 et seq. of the following Exhibits 1 through 4 attached to Mr.
25 King’ declaration filed in support of this Ex Parte Application:
26 Exhibit 1: Notice and County’s Motion to Vacate Trial Date and Consolidate Actions.
27 Exhibit 2: Proofs of Service of Motion to Vacate, unfiled and filed.
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DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF EX PARTE APPLICATION TO
ADVANCE HEARING DATE FOR COUNTY OF SONOMA’S
MOTION TO VACATE TRIAL DATE AND CONSOLIDATE ACTIONS
1 Exhibit 3: E-mails re: meet and confer with Two Rock VFD counsel and Frear Stephen
2 Schmid on 6-7-22.
3 Exhibit 4: King e-mail on 6-9-22 reminding Mr. Schmid about the Ex Parte.
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5 I declare under penalty of perjury under the laws of the State of California that the foregoing
6 is true and correct. Executed at Santa Rosa, California, on June 10, 2022.
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William L. Adams
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DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF EX PARTE APPLICATION TO
ADVANCE HEARING DATE FOR COUNTY OF SONOMA’S
MOTION TO VACATE TRIAL DATE AND CONSOLIDATE ACTIONS
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1 William L. Adams, Esq. (SBN 166027 JOHNSTON | THOMAS, Attorneys at Law, P.C. 2 1400 N. Dutton Avenue, Suite 21 Santa Rosa, California 95401 3 Phone (707) 545-6542 Facsimile (707) 545-1522 4 E-mail: wadams@johnstonthomas.com 5 Counsel for Defendant TWO ROCK VOLUNTEER FIRE DEPARTMENT 6 Counsel for Defendant 7 THOMPSONGAS, LLC in Case No. SCV-270322 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF SONOMA 11 12 FREAR STEPHEN SCHMID AND Case No. SCV-266225 and ASTRID SCHMID, consolidated action SCV-266731 13 Plaintiffs, 14 DECLARATION OF WILLIAM L. ADAMS vs. IN SUPPORT OF EX PARTE 15 APPLICATION TO ADVANCE HEARING DATE FOR COUNTY OF SONOMA’S 16 TWO ROCK VOLUNTEER FIRE MOTION TO VACATE TRIAL DATE AND DEPARTMENT, A California Nonprofit Public TO CONSOLIDATE ACTIONS 17 Benefit Corporation, Ex Parte Date: June 13, 2022 18 Defendant. Time: 10:30 a.m. Dept: 19 19 Trial Date: November 4, 2022 20 AND CONSOLIDATED ACTION. 21 22 I, WILLIAM L. ADAMS, hereby declare: 23 1. I am an attorney duly licensed to practice before all Courts in the State of California. 24 I am the attorney of record for Defendant TWO ROCK VOLUNTEER FIRE DEPARTMENT 25 (“Two Rock VFD”) in this consolidated action. I am also the attorney of record for Defendant 26 THOMPSONGAS, LLC (“Thompsongas”), in the related case of Schmid v. Thompsongas, Sonoma 27 County Superior Court Case No. SCV-270322, filed March 4, 2022, arising out of the same facts 28 -1- DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF EX PARTE APPLICATION TO ADVANCE HEARING DATE FOR COUNTY OF SONOMA’S MOTION TO VACATE TRIAL DATE AND CONSOLIDATE ACTIONS 1 and circumstances, and involving the same subject property. 2 2. Both Two Rock VFD and Thompsongas has joined in the Defendant County of 3 Sonoma’s Motion to Vacate Trial Date; to Establish Cut-Off Dates and Re-Open Discovery; and to 4 Consolidate Actions (“County’s Motion”) filed and served on May 6, 2022. 5 3. I have personal knowledge of the legal, procedural and factual issues in this matter. I 6 make this Declaration in support of the Ex Parte Application to advance the hearing date for 7 County’s Motion. The information set forth in the County’s Motion; my clients’ Joinder pleadings 8 and supporting declaration in support thereof; and the information set forth in this declaration is 9 true and of my own personal knowledge, and if called as a witness, I would competently testify 10 thereto. Additionally, pursuant to Evidence Code sections 451 et seq., the Court is respectfully 11 requested to take judicial notice of its own files and records, including, but not limited to, the 12 County’s Motion; all four (4) of the ongoing cases at issue in the County’s Motion; and the 13 documentary exhibits submitted in support of this Ex Parte Application. 14 4. On June 3, 2022, the Court notified all parties that the hearing date for the County’s 15 Motion was set for September 21, 2022. The County also served a copy on June 3, 2022. 16 5. As shown by email chain attached as Exhibit 3 to the Declaration of Deputy County 17 Counsel Michael King, on June 7, 2022, Defendants requested Plaintiffs stipulate to an advance of 18 the hearing date for the County’s Motion. On June 8, 2022, Plaintiffs communicated in writing that 19 Plaintiffs declined to stipulate and will likely oppose a change in the hearing date for the County’s 20 Motion. Consequently, this Ex Parte Application is necessary. 21 6. Rather than burden the Court file with a duplicate set of all the documents submitted 22 in support of this Ex Parte Application, I incorporate herein by reference and join in the submittal, 23 authenticate the documents based on my personal knowledge, and request the Court take judicial 24 notice pursuant to Evidence Code 451 et seq. of the following Exhibits 1 through 4 attached to Mr. 25 King’ declaration filed in support of this Ex Parte Application: 26 Exhibit 1: Notice and County’s Motion to Vacate Trial Date and Consolidate Actions. 27 Exhibit 2: Proofs of Service of Motion to Vacate, unfiled and filed. 28 -2- DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF EX PARTE APPLICATION TO ADVANCE HEARING DATE FOR COUNTY OF SONOMA’S MOTION TO VACATE TRIAL DATE AND CONSOLIDATE ACTIONS 1 Exhibit 3: E-mails re: meet and confer with Two Rock VFD counsel and Frear Stephen 2 Schmid on 6-7-22. 3 Exhibit 4: King e-mail on 6-9-22 reminding Mr. Schmid about the Ex Parte. 4 5 I declare under penalty of perjury under the laws of the State of California that the foregoing 6 is true and correct. Executed at Santa Rosa, California, on June 10, 2022. 7 8 William L. Adams 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF EX PARTE APPLICATION TO ADVANCE HEARING DATE FOR COUNTY OF SONOMA’S MOTION TO VACATE TRIAL DATE AND CONSOLIDATE ACTIONS