Preview
[Exempt from payment of filing fees
pursuant to Government Code § 6103]
1 LOUIS A. LEONE (SBN 099874)
JIMMIE E. JOHNSON (SBN 223344)
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LEONE ALBERTS & DUUS
3 1390 Willow Pass Road, Suite 700
Concord, CA 94520
4 Telephone: (925) 974-8600
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Facsimile: (925) 974-8601
6 Attorneys for Defendant
POPE VALLEY UNION ELEMENTARY
7 SCHOOL DISTRICT
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9 IN THE SUPERIOR COURT OF CALIFORNIA
10 COUNTY OF NAPA
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CHARLES J. BERRY, an individual, Case No.: 19CV000733
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13 Plaintiff, SECOND DECLARATION OF JIMMIE E.
JOHNSON IN SUPPORT OF
14 v. DEFENDANT POPE VALLEY UNION
ELEMENTARY SCHOOL DISTRICT’S
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POPE VALLEY UNION ELEMENTARY MOTION TO DISMISS WITH
16 SCHOOL DISTRICT, PREJUDICE
NAPA COUNTY OFFICE OF EDUCATION,
17 and DOES 1 to 10, inclusive, Date: July 6, 2022
Time: 8:30 a.m.
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Defendants. Dept: B
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20 Trial: Not yet set.
Complaint Filed: May 15, 2019
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22 I, Jimmie E. Johnson, declare as follows:
23 1. I am an attorney duly licensed to practice law before all courts of the
24 State of California and I am an attorney with Leone & Alberts, attorneys of record for
25 defendant POPE VALLEY UNION ELEMENTARY SCHOOL DISTRICT (“Pope Valley”)
26 in this action. If called as a witness, I can testify to the matters stated herein.
27 2. On June 7, 2022, I personally appeared via video conferencing at the
28 hearing on Pope Valley’s ex parte application to be dismissed from the above-
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SECOND DECLARATION OF JIMMIE E. JOHNSON IN SUPPORT OF DEFENDANT POPE VALLEY
UNION ELEMENTARY SCHOOL DISTRICT’S MOTION TO DISMISS WITH PREJUDICE
1 captioned matter. Plaintiff CHARLES J. BERRY appeared on his own behalf. The ex
2 parte application was heard by Department A of this Court.
3 3. At the hearing, the Court ordered the ex parte application to become a
4 fully-noticed motion to be fully briefed and heard in Department B on July 6, 2022,
5 contemporaneously with Plaintiff’s pending motions (1) to amend the pleadings; (2) for
6 reconsideration of this Court’s order granting the District’s special motion to strike; and
7 (3) clarification of this Court’s order granting that special motion to strike.
8 4. At that same June 7, 2022 hearing, Plaintiff agreed to waive formal notice
9 of said motion to dismiss.
10 I declare under penalty of perjury under the laws of the State of California that
11 the foregoing is true and correct. Executed in Davis, California on June 27, 2022.
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14 JIMMIE E. JOHNSON, ESQ.
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SECOND DECLARATION OF JIMMIE E. JOHNSON IN SUPPORT OF DEFENDANT POPE VALLEY
UNION ELEMENTARY SCHOOL DISTRICT’S MOTION TO DISMISS WITH PREJUDICE
1 Re: Charles J. Berry v. Pope Valley Union Elementary School District
Napa County Superior Court Case No.: 19CV000733
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3 PROOF OF SERVICE
4 I, the undersigned, declare that I am employed in the City of Concord, State of
5 California. I am over the age of 18 years and not a party to the within cause; my
6 business address is 1390 Willow Pass Road, Suite 700, Concord, California.
7 On June 27, 2022, I served the following documents:
8 DECLARATION OF JIMMIE E. JOHNSON IN SUPPORT OF DEFENDANT
POPE VALLEY UNION ELEMENTARY SCHOOL DISTRICT’S MOTION TO
9 DISMISS WITH PREJUDICE
10 on the following interested party(s) in said cause:
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PLAINTIFF, IN PRO PER COUNSEL FOR DEFENDANT NAPA
12 Charles J. Berry COUNTY OFFICE OF EDUCATION
P.O. Box 9714 Megan Symonds
13 Berkeley, CA 94709 Jordan Meyer
Tel.: (707) 987-2665 EDRINGTON, SCHRIMER & MURPHY
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Email: bookman@mcn.org 2300 Contra Costa Blvd., Suite 450
15 Pleasant Hill, CA 94523
Tel: (925) 827-3300
16 Fax : (925) 827-3320
Email: msymonds@esmlawfirm.com
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jmeyer@esmlawfirm.com
18 dana@esmlawfirm.com
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VIA MAIL - CCP §§ 1013(a), 2015.5
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By placing a true copy thereof enclosed in a sealed envelope(s), addressed as
21 above and placing each for collection and mailing on that date following ordinary
business practices. I am readily familiar with my firm's business practice of
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collection and processing of correspondence for mailing with the United States
23 Postal Service and correspondence placed for collection and mailing would be
deposited with the United States Postal Service at Concord, California, with
24 postage thereon fully prepaid, that same day in the ordinary course of business.
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VIA ELECTRONIC MAIL TRANSMISSION - CCP §1010.6
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By electronic transmission via email to the authorized electronic service
27 address(es) listed above.
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SECOND DECLARATION OF JIMMIE E. JOHNSON IN SUPPORT OF DEFENDANT POPE VALLEY
UNION ELEMENTARY SCHOOL DISTRICT’S MOTION TO DISMISS WITH PREJUDICE
1 I declare under penalty of perjury under the laws of the State of California that
2 the foregoing is true and correct and that this declaration was executed on June 27,
3 2022, at Concord, California.
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6 SYREETA SHOALS
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SECOND DECLARATION OF JIMMIE E. JOHNSON IN SUPPORT OF DEFENDANT POPE VALLEY
UNION ELEMENTARY SCHOOL DISTRICT’S MOTION TO DISMISS WITH PREJUDICE
Preview
[Exempt from payment of filing fees pursuant to Government Code § 6103] 1 LOUIS A. LEONE (SBN 099874) JIMMIE E. JOHNSON (SBN 223344) 2 LEONE ALBERTS & DUUS 3 1390 Willow Pass Road, Suite 700 Concord, CA 94520 4 Telephone: (925) 974-8600 5 Facsimile: (925) 974-8601 6 Attorneys for Defendant POPE VALLEY UNION ELEMENTARY 7 SCHOOL DISTRICT 8 9 IN THE SUPERIOR COURT OF CALIFORNIA 10 COUNTY OF NAPA 11 CHARLES J. BERRY, an individual, Case No.: 19CV000733 12 13 Plaintiff, SECOND DECLARATION OF JIMMIE E. JOHNSON IN SUPPORT OF 14 v. DEFENDANT POPE VALLEY UNION ELEMENTARY SCHOOL DISTRICT’S 15 POPE VALLEY UNION ELEMENTARY MOTION TO DISMISS WITH 16 SCHOOL DISTRICT, PREJUDICE NAPA COUNTY OFFICE OF EDUCATION, 17 and DOES 1 to 10, inclusive, Date: July 6, 2022 Time: 8:30 a.m. 18 Defendants. Dept: B 19 20 Trial: Not yet set. Complaint Filed: May 15, 2019 21 22 I, Jimmie E. Johnson, declare as follows: 23 1. I am an attorney duly licensed to practice law before all courts of the 24 State of California and I am an attorney with Leone & Alberts, attorneys of record for 25 defendant POPE VALLEY UNION ELEMENTARY SCHOOL DISTRICT (“Pope Valley”) 26 in this action. If called as a witness, I can testify to the matters stated herein. 27 2. On June 7, 2022, I personally appeared via video conferencing at the 28 hearing on Pope Valley’s ex parte application to be dismissed from the above- 1 _________________________________________________________________________________________________________ SECOND DECLARATION OF JIMMIE E. JOHNSON IN SUPPORT OF DEFENDANT POPE VALLEY UNION ELEMENTARY SCHOOL DISTRICT’S MOTION TO DISMISS WITH PREJUDICE 1 captioned matter. Plaintiff CHARLES J. BERRY appeared on his own behalf. The ex 2 parte application was heard by Department A of this Court. 3 3. At the hearing, the Court ordered the ex parte application to become a 4 fully-noticed motion to be fully briefed and heard in Department B on July 6, 2022, 5 contemporaneously with Plaintiff’s pending motions (1) to amend the pleadings; (2) for 6 reconsideration of this Court’s order granting the District’s special motion to strike; and 7 (3) clarification of this Court’s order granting that special motion to strike. 8 4. At that same June 7, 2022 hearing, Plaintiff agreed to waive formal notice 9 of said motion to dismiss. 10 I declare under penalty of perjury under the laws of the State of California that 11 the foregoing is true and correct. Executed in Davis, California on June 27, 2022. 12 13 __________________________________ 14 JIMMIE E. JOHNSON, ESQ. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 _________________________________________________________________________________________________________ SECOND DECLARATION OF JIMMIE E. JOHNSON IN SUPPORT OF DEFENDANT POPE VALLEY UNION ELEMENTARY SCHOOL DISTRICT’S MOTION TO DISMISS WITH PREJUDICE 1 Re: Charles J. Berry v. Pope Valley Union Elementary School District Napa County Superior Court Case No.: 19CV000733 2 3 PROOF OF SERVICE 4 I, the undersigned, declare that I am employed in the City of Concord, State of 5 California. I am over the age of 18 years and not a party to the within cause; my 6 business address is 1390 Willow Pass Road, Suite 700, Concord, California. 7 On June 27, 2022, I served the following documents: 8 DECLARATION OF JIMMIE E. JOHNSON IN SUPPORT OF DEFENDANT POPE VALLEY UNION ELEMENTARY SCHOOL DISTRICT’S MOTION TO 9 DISMISS WITH PREJUDICE 10 on the following interested party(s) in said cause: 11 PLAINTIFF, IN PRO PER COUNSEL FOR DEFENDANT NAPA 12 Charles J. Berry COUNTY OFFICE OF EDUCATION P.O. Box 9714 Megan Symonds 13 Berkeley, CA 94709 Jordan Meyer Tel.: (707) 987-2665 EDRINGTON, SCHRIMER & MURPHY 14 Email: bookman@mcn.org 2300 Contra Costa Blvd., Suite 450 15 Pleasant Hill, CA 94523 Tel: (925) 827-3300 16 Fax : (925) 827-3320 Email: msymonds@esmlawfirm.com 17 jmeyer@esmlawfirm.com 18 dana@esmlawfirm.com 19 VIA MAIL - CCP §§ 1013(a), 2015.5 20 By placing a true copy thereof enclosed in a sealed envelope(s), addressed as 21 above and placing each for collection and mailing on that date following ordinary business practices. I am readily familiar with my firm's business practice of 22 collection and processing of correspondence for mailing with the United States 23 Postal Service and correspondence placed for collection and mailing would be deposited with the United States Postal Service at Concord, California, with 24 postage thereon fully prepaid, that same day in the ordinary course of business. 25 VIA ELECTRONIC MAIL TRANSMISSION - CCP §1010.6 26 By electronic transmission via email to the authorized electronic service 27 address(es) listed above. 28 3 _________________________________________________________________________________________________________ SECOND DECLARATION OF JIMMIE E. JOHNSON IN SUPPORT OF DEFENDANT POPE VALLEY UNION ELEMENTARY SCHOOL DISTRICT’S MOTION TO DISMISS WITH PREJUDICE 1 I declare under penalty of perjury under the laws of the State of California that 2 the foregoing is true and correct and that this declaration was executed on June 27, 3 2022, at Concord, California. 4 5 _________________________________ 6 SYREETA SHOALS 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 _________________________________________________________________________________________________________ SECOND DECLARATION OF JIMMIE E. JOHNSON IN SUPPORT OF DEFENDANT POPE VALLEY UNION ELEMENTARY SCHOOL DISTRICT’S MOTION TO DISMISS WITH PREJUDICE