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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 Telephone: (707) 545-6542
Facsimile: (707) 545-1522
4 E-mail: wadams@johnstonthomas.com
5 Counsel for Defendant
TWO ROCK VOLUNTEER FIRE DEPARTMENT
6 in consolidated Case No. SCV-266225 and new Case No. SCV-270339
7 Counsel for Defendant 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
11 FREAR STEPHEN SCHMID AND Case No. SCV-266225 and
ASTRID SCHMID, consolidated action SCV-266731
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Plaintiffs, DECLARATION OF WILLIAM L. ADAMS
13 IN SUPPORT OF REPLY IN SUPPORT OF
vs. DEFENDANTS’ JOINT MOTION TO
14 VACATE TRIAL DATE; TO ESTABLISH
CUT-OFF DATES AND RE-OPEN
15 TWO ROCK VOLUNTEER FIRE DISCOVERY; AND TO CONSOLIDATE
DEPARTMENT, A California Nonprofit Public ACTIONS
16 Benefit Corporation,
Hearing Date: July 27, 2022
17 Defendant. Time: 3:00 p.m.
Dept: 19
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AND CONSOLIDATED ACTION. Trial Date: November 4, 2022
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21 I, WILLIAM L. ADAMS, hereby declare:
22 1. I am an attorney duly licensed to practice before all Courts in the State of California.
23 I am the attorney of record for Defendant TWO ROCK VOLUNTEER FIRE DEPARTMENT
24 (“Two Rock VFD”) in this consolidated action filed in 2020; as well as the concurrent subsequent
25 case of Schmid v. Two Rock Volunteer Fire Department, Sonoma County Superior Court Case No.
26 SCV-270339, which was filed in March 2022. I am also the attorney of record for Defendant
27 THOMPSONGAS, LLC (“ThompsonGas”), in the related case of Schmid v. ThompsonGas,
28 Sonoma County Superior Court Case No. SCV-270322, filed March 4, 2022, arising out of the
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DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF DEFENDANTS’ JOINT MOTION
TO VACATE TRIAL DATE AND CONSOLIDATE ACTIONS
1 same facts and circumstances, and involving the same subject fire station project and property.
2 2. Both Two Rock VFD and ThompsonGas has joined with the County of Sonoma in
3 Defendants’ joint Motion to Vacate Trial Date; to Establish Cut-Off Dates and Re-Open Discovery;
4 and to Consolidate Actions (“Defendants’ joint Motion”) filed and served on May 6, 2022.
5 3. On June 13, 2022, the Court granted Defendants’ ex parte request to advance the
6 hearing date on Defendants’ joint Motion to July 27, 2022.
7 4. I have personal knowledge of the legal, procedural, and factual issues in this matter.
8 I make this Declaration in support of Defendant Two Rock VFD and ThompsonGas Reply in
9 support Defendants’ joint Motion. The information set forth herein and in the accompanying Reply
10 is true and of my own personal knowledge, and if called as a witness, I would competently testify
11 thereto. Additionally, pursuant to Evidence Code sections 451 et seq., the Court is respectfully
12 requested to take judicial notice of its own files and records, including, but not limited to, all
13 pleadings filed in connection with Defendants’ joint Motion, including this Reply; the Court’s own
14 files and records in all six (6) of the Plaintiffs’ concurrent cases at issue in the Defendants’ joint
15 Motion (SCV-266225; SCV266731; SCV 270322; SCV-270339; SCV-270568; and SCV-270771);
16 and the documentary exhibits submitted in support thereof.
17 5. At the Case Management Conference on March 24, 2022, Judge Nadler expressly set
18 consolidated case numbers SCV- 266225 and SCV-266731 for a 3-to-5-day jury trial commencing
19 November 4, 2022. Attached hereto as Exhibit A is a true and correct copy of the Minute Order
20 from the March 24, 2022 Case Management Conference, which expressly states: “Case shall be set
21 for jury trial on Friday, 11/4/22 at 8:30 am, in Department 19.”
22 6. In part because the concurrent lawsuits filed by Plaintiffs arise out the same facts and
23 circumstances, and involve the same subject fire station project and property, and could thus
24 potentially result in conflicting and/or dispositive results, on July 12, 2022, in an effort to reach a
25 comprehensive resolution of the inter-related issues and claims; all parties in these lawsuits
26 participated in a half-day mediation through JAMS with retired Napa County Superior Court Judge
27 Scott Snowden. Although no resolution was reached, progress was made. Additional negotiations
28 are underway among the parties for either a holistic or incremental resolution. This is another
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DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF DEFENDANTS’ JOINT MOTION
TO VACATE TRIAL DATE AND CONSOLIDATE ACTIONS
1 reason supporting consolidation of all of these State Court actions.
2 I declare under penalty of perjury under the laws of the State of California that the foregoing
3 is true and correct. Executed at Santa Rosa, California, on July 19, 2022.
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William L. Adams
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DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF DEFENDANTS’ JOINT MOTION
TO VACATE TRIAL DATE AND CONSOLIDATE ACTIONS
EXHIBIT A
Superior Court of California, County of Sonoma
MINUTE ORDERS
SCV-266225 - SCHMID VS TWO ROCK FIRE DEPT
Date of Hearing: March 24, 2022 Case Management Conference
Time: 3:00 PM Courtroom 19
Judicial Officer: Gary Nadler Courtroom Clerk: Chris Reynoso
Court Reporter: None
Parties Present: remotelv Via zoom
Plaintiff, Frear S. Schmid ispresent on behalf of himself and on behalf of plaintiff, Astrid
Schmid.
Counsel, William L. Adams if present 0n behalf of defendant, Two Rock Volunteer Fire
Department.
Counsel, Michael A. King, is present 0n behalf of defendant, County 0f Sonoma
Hearing:
The Court finds notice to appear has been issued; tentative ruling: appearance required.
Case is called by the Court; appearances are stated on the record.
The Court has discussion with counsel re: possibility of settlement/participating in mediation
and setting trial date.
Jury requested by defendant; jury fees are not posted; time estimate: 3-5 days.
The COURT ORDERS:
Ifjury requested, jury fees shall be posted prior t0 trial date.
Parties shall meet and confer to make a good faith effort to attempt t0 reach an agreement
re: participating in mediation/selection of mediator and scheduling 0f mediation session.
Case shall be set for jury trial 0n Friday, 11/04/22 at 8:30 a.m., in Department 19.
Notice of trial date shall be mailed.
-End of Minute Order-
For moreinformation please contact the Clerk ’s Oflice at (707) 521-6500 during official business hours.
www.sonama‘ courts.ca. gov
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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 Telephone: (707) 545-6542 Facsimile: (707) 545-1522 4 E-mail: wadams@johnstonthomas.com 5 Counsel for Defendant TWO ROCK VOLUNTEER FIRE DEPARTMENT 6 in consolidated Case No. SCV-266225 and new Case No. SCV-270339 7 Counsel for Defendant 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 FREAR STEPHEN SCHMID AND Case No. SCV-266225 and ASTRID SCHMID, consolidated action SCV-266731 12 Plaintiffs, DECLARATION OF WILLIAM L. ADAMS 13 IN SUPPORT OF REPLY IN SUPPORT OF vs. DEFENDANTS’ JOINT MOTION TO 14 VACATE TRIAL DATE; TO ESTABLISH CUT-OFF DATES AND RE-OPEN 15 TWO ROCK VOLUNTEER FIRE DISCOVERY; AND TO CONSOLIDATE DEPARTMENT, A California Nonprofit Public ACTIONS 16 Benefit Corporation, Hearing Date: July 27, 2022 17 Defendant. Time: 3:00 p.m. Dept: 19 18 AND CONSOLIDATED ACTION. Trial Date: November 4, 2022 19 20 21 I, WILLIAM L. ADAMS, hereby declare: 22 1. I am an attorney duly licensed to practice before all Courts in the State of California. 23 I am the attorney of record for Defendant TWO ROCK VOLUNTEER FIRE DEPARTMENT 24 (“Two Rock VFD”) in this consolidated action filed in 2020; as well as the concurrent subsequent 25 case of Schmid v. Two Rock Volunteer Fire Department, Sonoma County Superior Court Case No. 26 SCV-270339, which was filed in March 2022. I am also the attorney of record for Defendant 27 THOMPSONGAS, LLC (“ThompsonGas”), in the related case of Schmid v. ThompsonGas, 28 Sonoma County Superior Court Case No. SCV-270322, filed March 4, 2022, arising out of the -1- DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF DEFENDANTS’ JOINT MOTION TO VACATE TRIAL DATE AND CONSOLIDATE ACTIONS 1 same facts and circumstances, and involving the same subject fire station project and property. 2 2. Both Two Rock VFD and ThompsonGas has joined with the County of Sonoma in 3 Defendants’ joint Motion to Vacate Trial Date; to Establish Cut-Off Dates and Re-Open Discovery; 4 and to Consolidate Actions (“Defendants’ joint Motion”) filed and served on May 6, 2022. 5 3. On June 13, 2022, the Court granted Defendants’ ex parte request to advance the 6 hearing date on Defendants’ joint Motion to July 27, 2022. 7 4. I have personal knowledge of the legal, procedural, and factual issues in this matter. 8 I make this Declaration in support of Defendant Two Rock VFD and ThompsonGas Reply in 9 support Defendants’ joint Motion. The information set forth herein and in the accompanying Reply 10 is true and of my own personal knowledge, and if called as a witness, I would competently testify 11 thereto. Additionally, pursuant to Evidence Code sections 451 et seq., the Court is respectfully 12 requested to take judicial notice of its own files and records, including, but not limited to, all 13 pleadings filed in connection with Defendants’ joint Motion, including this Reply; the Court’s own 14 files and records in all six (6) of the Plaintiffs’ concurrent cases at issue in the Defendants’ joint 15 Motion (SCV-266225; SCV266731; SCV 270322; SCV-270339; SCV-270568; and SCV-270771); 16 and the documentary exhibits submitted in support thereof. 17 5. At the Case Management Conference on March 24, 2022, Judge Nadler expressly set 18 consolidated case numbers SCV- 266225 and SCV-266731 for a 3-to-5-day jury trial commencing 19 November 4, 2022. Attached hereto as Exhibit A is a true and correct copy of the Minute Order 20 from the March 24, 2022 Case Management Conference, which expressly states: “Case shall be set 21 for jury trial on Friday, 11/4/22 at 8:30 am, in Department 19.” 22 6. In part because the concurrent lawsuits filed by Plaintiffs arise out the same facts and 23 circumstances, and involve the same subject fire station project and property, and could thus 24 potentially result in conflicting and/or dispositive results, on July 12, 2022, in an effort to reach a 25 comprehensive resolution of the inter-related issues and claims; all parties in these lawsuits 26 participated in a half-day mediation through JAMS with retired Napa County Superior Court Judge 27 Scott Snowden. Although no resolution was reached, progress was made. Additional negotiations 28 are underway among the parties for either a holistic or incremental resolution. This is another -2- DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF DEFENDANTS’ JOINT MOTION TO VACATE TRIAL DATE AND CONSOLIDATE ACTIONS 1 reason supporting consolidation of all of these State Court actions. 2 I declare under penalty of perjury under the laws of the State of California that the foregoing 3 is true and correct. Executed at Santa Rosa, California, on July 19, 2022. 4 5 William L. Adams 6 7 8 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 DEFENDANTS’ JOINT MOTION TO VACATE TRIAL DATE AND CONSOLIDATE ACTIONS EXHIBIT A Superior Court of California, County of Sonoma MINUTE ORDERS SCV-266225 - SCHMID VS TWO ROCK FIRE DEPT Date of Hearing: March 24, 2022 Case Management Conference Time: 3:00 PM Courtroom 19 Judicial Officer: Gary Nadler Courtroom Clerk: Chris Reynoso Court Reporter: None Parties Present: remotelv Via zoom Plaintiff, Frear S. Schmid ispresent on behalf of himself and on behalf of plaintiff, Astrid Schmid. Counsel, William L. Adams if present 0n behalf of defendant, Two Rock Volunteer Fire Department. Counsel, Michael A. King, is present 0n behalf of defendant, County 0f Sonoma Hearing: The Court finds notice to appear has been issued; tentative ruling: appearance required. Case is called by the Court; appearances are stated on the record. The Court has discussion with counsel re: possibility of settlement/participating in mediation and setting trial date. Jury requested by defendant; jury fees are not posted; time estimate: 3-5 days. The COURT ORDERS: Ifjury requested, jury fees shall be posted prior t0 trial date. Parties shall meet and confer to make a good faith effort to attempt t0 reach an agreement re: participating in mediation/selection of mediator and scheduling 0f mediation session. Case shall be set for jury trial 0n Friday, 11/04/22 at 8:30 a.m., in Department 19. Notice of trial date shall be mailed. -End of Minute Order- For moreinformation please contact the Clerk ’s Oflice at (707) 521-6500 during official business hours. www.sonama‘ courts.ca. gov PM Generated: 4/1/2022 4:41:42 1 | P a g e