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1 HANSON BRIDGETT LLP
ADAM W. HOFMANN, SBN 238476
2 ahofmann@hansonbridgett.com ELECTRONICALLY
DAVID C. CASARRUBIAS, SBN 321994
3 dcasarrubias@hansonbridgett.com F I L E D
Superior Court of California,
425 Market Street, 26th Floor County of San Francisco
4 San Francisco, California 94105
Telephone: (415) 777-3200 07/15/2019
Clerk of the Court
5 Facsimile: (415) 541-9366 BY: RONNIE OTERO
Deputy Clerk
6 Attorneys for Defendant
ASSOCIATION OF BAY AREA
7 GOVERNMENTS
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SAN FRANCISCO
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NEW LIVABLE CALIFORNIA (d/b/a Case No. CPF-19-516690
12 Livable California), a California public benefit
corporation, and COMMUNITY VENTURE DECLARATION OF ADAM W.
13 PARTNERS, INC., a California public benefit HOFMANN PURSUANT TO CODE OF
corporation, CIVIL PROCEDURE SECTION 430.41 IN
14 SUPPORT OF RESPONDENTS'
Petitioners/Plaintiffs, DEMURRER TO PETITIONERS'
15 VERIFIED PETITION FOR WRIT OF
v. MANDATE AND COMPLAINT FOR
16 INJUNCTIVE AND DECLARATORY
ASSOCIATION OF BAY AREA RELIEF FOR VIOLATIONS OF THE
17 GOVERNMENTS, a California joint powers RALPH M. BROWN ACT
authority, and DOES 1-20,
18 Date: August 12, 2019
Respondent/Defendant. Time: 9:30 a.m.
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Judge: Hon. Ethan P. Schulman
20 Dept.: 302
21 Reservation No.: 07120812-19
Action Filed: May 31, 2019
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[Filed concurrently with Motion to Strike
23 Portions of Petitioners' Verified Petition for
Writ of Mandate and Complaint for Injunctive
24 and Declaratory Relief for Violations of the
Ralph M. Brown Act]
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DECLARATION OF ADAM HOFMANN IN SUPPORT OF RESPONDENTS' DEMURRER TO VERIFIED
15661810.1 PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF
1 I, Adam W. Hofmann, declare as follows:
2 1. I am an attorney duly admitted to practice before this Court. I am a partner with
3 Hanson Bridgett LLP, attorneys of record for Defendant Association of Bay Area Governments. I
4 have personal knowledge of the facts set forth herein. If called as a witness, I could and would
5 competently testify to the matters stated herein.
6 2. On July 5, 2019, I emailed Jason Bezis, counsel of record for petitioners New
7 Livable California d/b/a Livable California and Community Venture Partners, Inc. (“Petitioners”)
8 to request a time to meet and confer regarding respondent Association of Bay Area Governments’
9 (“ABAG”) anticipated demurrer to and motion to strike Petitioners’ Verified Petition for Writ of
10 Mandate and Complaint for Injunctive and Declaratory Relief for Violations of the Ralph M.
11 Brown Act (the “Petition”).
12 3. Following additional emails with Mr. Bezis regarding our schedules, he and I spoke
13 by phone on July 10, 2019, at 2 p.m.
14 4. During our call, I explained ABAG’s view that the Petition improperly combined
15 two, separate causes of action into a single, nominal cause of action, and that each of the claims
16 failed as a matter of law. First, Petitioners’ challenge to the substantive vote by ABAG’s Board of
17 Directors to authorize execution of the so-called CASA Compact failed because, as the Petition
18 acknowledges, that vote was taken by roll call, consistent with the requirements of the Brown Act.
19 Second, Petitioners’ challenge to the failed “substitute motion” to continue consideration of the
20 CASA Compact to a future Board meeting could not survive a pleading motion because
21 Petitioners were not prejudiced by the absence of a roll-call vote, and because ABAG has since
22 publicly committed to taking all future votes by roll call, thus eliminating any dispute to be
23 resolved by judicial order. I also explained that, to the extent that either theory of liability could
24 withstand demurrer, the other could be resolved as a matter of law by a motion to strike, and that
25 ABAG would accordingly file both a demurrer and motion to strike.
26 5. Mr. Bezis stated his view that, while he could not cite case law or other authorities
27 to rebut the points I raised, he believed Petitioners’ claims had merit. As a result, he declined to
28 agree to amend the Petition.
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DECLARATION OF ADAM HOFMANN IN SUPPORT OF RESPONDENTS' DEMURRER TO VERIFIED
15661810.1 PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF
1 6. Accordingly, I advised that ABAG would proceed with its motions. (See Code
2 Civ. Proc., § 430.41, subd. (a)(3)(A).)
3 I declare under penalty of perjury under the laws of the State of California that the
4 foregoing is true and correct.
5 Executed on this 15th day of July, 2019, at Sacramento, California.
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Adam W. Hofmann
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DECLARATION OF ADAM HOFMANN IN SUPPORT OF RESPONDENTS' DEMURRER TO VERIFIED
15661810.1 PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF
1 PROOF OF SERVICE
2 New Livable California, et al. v. Association of Bay Area Governments
San Francisco County Superior Court Case No. CPF-19-516690
3
At the time of service, I was over 18 years of age and not a party to this action. I am
4 employed in the County of San Francisco, State of California. My business address is 425 Market
Street, 26th Floor, San Francisco, CA 94105.
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On July 15, 2019, I served true copies of the following document(s) described as:
6
DECLARATION OF ADAM W. HOFMANN PURSUANT TO CODE OF CIVIL
7 PROCEDURE SECTION 430.41 IN SUPPORT OF RESPONDENTS' DEMURRER TO
PETITIONERS' VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT
8 FOR INJUNCTIVE AND DECLARATORY RELIEF
9 on the interested parties in this action as follows:
10 Jason A. Bezis Attorney for Petitioners/Plaintiffs
3661-B Mosswood Drive
11 Lafayette, CA 94549-3509
Telephone: (925) 708- 7073
12 Email: Bezis4Law@gmail.com
13 BY ELECTRONIC SERVICE: I served the document(s) on the person listed in the
Service List by submitting an electronic version of the document(s) to One Legal, LLC, through
14 the user interface at www.onelegal.com.
15 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
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Executed on July 15, 2019, at San Francisco, California.
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19 Grace M. Mohr
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DECLARATION OF ADAM HOFMANN IN SUPPORT OF RESPONDENTS' DEMURRER TO VERIFIED
15661810.1 PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF
Preview
1 HANSON BRIDGETT LLP ADAM W. HOFMANN, SBN 238476 2 ahofmann@hansonbridgett.com ELECTRONICALLY DAVID C. CASARRUBIAS, SBN 321994 3 dcasarrubias@hansonbridgett.com F I L E D Superior Court of California, 425 Market Street, 26th Floor County of San Francisco 4 San Francisco, California 94105 Telephone: (415) 777-3200 07/15/2019 Clerk of the Court 5 Facsimile: (415) 541-9366 BY: RONNIE OTERO Deputy Clerk 6 Attorneys for Defendant ASSOCIATION OF BAY AREA 7 GOVERNMENTS 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN FRANCISCO 10 11 NEW LIVABLE CALIFORNIA (d/b/a Case No. CPF-19-516690 12 Livable California), a California public benefit corporation, and COMMUNITY VENTURE DECLARATION OF ADAM W. 13 PARTNERS, INC., a California public benefit HOFMANN PURSUANT TO CODE OF corporation, CIVIL PROCEDURE SECTION 430.41 IN 14 SUPPORT OF RESPONDENTS' Petitioners/Plaintiffs, DEMURRER TO PETITIONERS' 15 VERIFIED PETITION FOR WRIT OF v. MANDATE AND COMPLAINT FOR 16 INJUNCTIVE AND DECLARATORY ASSOCIATION OF BAY AREA RELIEF FOR VIOLATIONS OF THE 17 GOVERNMENTS, a California joint powers RALPH M. BROWN ACT authority, and DOES 1-20, 18 Date: August 12, 2019 Respondent/Defendant. Time: 9:30 a.m. 19 Judge: Hon. Ethan P. Schulman 20 Dept.: 302 21 Reservation No.: 07120812-19 Action Filed: May 31, 2019 22 [Filed concurrently with Motion to Strike 23 Portions of Petitioners' Verified Petition for Writ of Mandate and Complaint for Injunctive 24 and Declaratory Relief for Violations of the Ralph M. Brown Act] 25 26 27 28 -- DECLARATION OF ADAM HOFMANN IN SUPPORT OF RESPONDENTS' DEMURRER TO VERIFIED 15661810.1 PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF 1 I, Adam W. Hofmann, declare as follows: 2 1. I am an attorney duly admitted to practice before this Court. I am a partner with 3 Hanson Bridgett LLP, attorneys of record for Defendant Association of Bay Area Governments. I 4 have personal knowledge of the facts set forth herein. If called as a witness, I could and would 5 competently testify to the matters stated herein. 6 2. On July 5, 2019, I emailed Jason Bezis, counsel of record for petitioners New 7 Livable California d/b/a Livable California and Community Venture Partners, Inc. (“Petitioners”) 8 to request a time to meet and confer regarding respondent Association of Bay Area Governments’ 9 (“ABAG”) anticipated demurrer to and motion to strike Petitioners’ Verified Petition for Writ of 10 Mandate and Complaint for Injunctive and Declaratory Relief for Violations of the Ralph M. 11 Brown Act (the “Petition”). 12 3. Following additional emails with Mr. Bezis regarding our schedules, he and I spoke 13 by phone on July 10, 2019, at 2 p.m. 14 4. During our call, I explained ABAG’s view that the Petition improperly combined 15 two, separate causes of action into a single, nominal cause of action, and that each of the claims 16 failed as a matter of law. First, Petitioners’ challenge to the substantive vote by ABAG’s Board of 17 Directors to authorize execution of the so-called CASA Compact failed because, as the Petition 18 acknowledges, that vote was taken by roll call, consistent with the requirements of the Brown Act. 19 Second, Petitioners’ challenge to the failed “substitute motion” to continue consideration of the 20 CASA Compact to a future Board meeting could not survive a pleading motion because 21 Petitioners were not prejudiced by the absence of a roll-call vote, and because ABAG has since 22 publicly committed to taking all future votes by roll call, thus eliminating any dispute to be 23 resolved by judicial order. I also explained that, to the extent that either theory of liability could 24 withstand demurrer, the other could be resolved as a matter of law by a motion to strike, and that 25 ABAG would accordingly file both a demurrer and motion to strike. 26 5. Mr. Bezis stated his view that, while he could not cite case law or other authorities 27 to rebut the points I raised, he believed Petitioners’ claims had merit. As a result, he declined to 28 agree to amend the Petition. -1- DECLARATION OF ADAM HOFMANN IN SUPPORT OF RESPONDENTS' DEMURRER TO VERIFIED 15661810.1 PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF 1 6. Accordingly, I advised that ABAG would proceed with its motions. (See Code 2 Civ. Proc., § 430.41, subd. (a)(3)(A).) 3 I declare under penalty of perjury under the laws of the State of California that the 4 foregoing is true and correct. 5 Executed on this 15th day of July, 2019, at Sacramento, California. 6 7 Adam W. Hofmann 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- DECLARATION OF ADAM HOFMANN IN SUPPORT OF RESPONDENTS' DEMURRER TO VERIFIED 15661810.1 PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF 1 PROOF OF SERVICE 2 New Livable California, et al. v. Association of Bay Area Governments San Francisco County Superior Court Case No. CPF-19-516690 3 At the time of service, I was over 18 years of age and not a party to this action. I am 4 employed in the County of San Francisco, State of California. My business address is 425 Market Street, 26th Floor, San Francisco, CA 94105. 5 On July 15, 2019, I served true copies of the following document(s) described as: 6 DECLARATION OF ADAM W. HOFMANN PURSUANT TO CODE OF CIVIL 7 PROCEDURE SECTION 430.41 IN SUPPORT OF RESPONDENTS' DEMURRER TO PETITIONERS' VERIFIED PETITION FOR WRIT OF MANDATE AND COMPLAINT 8 FOR INJUNCTIVE AND DECLARATORY RELIEF 9 on the interested parties in this action as follows: 10 Jason A. Bezis Attorney for Petitioners/Plaintiffs 3661-B Mosswood Drive 11 Lafayette, CA 94549-3509 Telephone: (925) 708- 7073 12 Email: Bezis4Law@gmail.com 13 BY ELECTRONIC SERVICE: I served the document(s) on the person listed in the Service List by submitting an electronic version of the document(s) to One Legal, LLC, through 14 the user interface at www.onelegal.com. 15 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 16 Executed on July 15, 2019, at San Francisco, California. 17 18 19 Grace M. Mohr 20 21 22 23 24 25 26 27 28 -3- DECLARATION OF ADAM HOFMANN IN SUPPORT OF RESPONDENTS' DEMURRER TO VERIFIED 15661810.1 PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF