Preview
1 William L. Adams SBN 166027
WILLIAM L. ADAMS, PC
2 P.O. Box 1050
Windsor, CA 95492-1050
3 Telephone: (707) 236-2176
Email: wbill@wladamspc.com
4
Attorneys for Defendant
5 TWO ROCK VOLUNTEER FIRE DEPARTMENT
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SONOMA
10 FREAR STEPHEN SCHMID AND Case No. SCV-266225 and consolidated
ASTRID SCHMID, actions SCV-266731 and SCV-270339
11
Plaintiffs,
12 DECLARATION OF WILLIAM L.
v. ADAMS IN SUPPORT OF DEFENDANT
13 TWO ROCK VOLUNTEER FIRE
DEPARTMENT’S REPLY IN SUPPORT
14 TWO ROCK VOLUNTEER FIRE OF ITS MOTION TO EXCLUDE THE
DEPARTMENT, TRIAL TESTIMONY OF PLAINTIFF
15 FREAR STEPHEN SCHMID OR TO
Defendant. COMPEL DEPOSTION: AND FOR
16 SANCTIONS
[CCP § 2025.450]
17
Hearing Date: October 14, 2022
18 Time: 1:30 p.m.
Department: 19
19 AND CONSOLIDATED ACTIONS.
Trial Call: November 4, 2022
20 Time: 8:30 a.m.
Department: 19
21
22 I, WILLIAM L. ADAMS, declare:
23 1. I am an attorney duly licensed to practice before all Courts in the State of California
24 and attorney of record for Defendant Two Rock Volunteer Fire Department, also known as Two
25 Rock Fire Department (“Two Rock Fire”) in this consolidated case.
26 2. I make this Declaration in support of the Two Rock Fire’s Reply to its Motion of
27 TRVFD to exclude the trial testimony of Plaintiff FREAR STEPHEN SCHMID (“Plaintiff”), or
28 to compel his deposition, because of Plaintiff’s refusal to attend his duly noticed deposition on
1
DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF TRVFD REPLY IN SUPPORT OF
ITS MOTION TO EXCLUDE TRIAL TESTIMONY OF PLAINTIFF FREAR STEPHEN SCHMID
1 August 26, 2022. I have personal knowledge of the facts set forth herein and if called upon to
2 testify thereto in a court of law, I could and would do so competently. Pursuant to Evidence Code
3 section 452(d), I respectfully request the Court take judicial notice of the entirety of its own files
4 and records in this consolidated matter.
5 3. As shown in the Court’s Order after Hearing entered July 29, 2022, it is the Court,
6 which after granting consolidation over Plaintiff’s objections, designated Two Rock Fire as “Two
7 Rock Volunteer Fire Department” in the caption of the Order. (Attached hereto as Exhibit 1 is a
8 true and correct copy of the Order after Hearing entered on July 29, 2022.)
9 4. Throughout this case, the Court has recognized and interchangeably designated
10 Two Rock Fire as both “Two Rock Volunteer Fire Department” and “Two Rock Fire Department”.
11 For example, the first page of the Sonoma County Superior Court online portal Case Information
12 page identifies Two Rock Fire as “Two Rock Fire Department” as well as erroneously sued as
13 “Two Rock Volunteer Fire Department.” (Attached hereto as Exhibit 2 is a true and correct copy
14 of the first page of Sonoma County Superior Court online portal Case Information page for
15 consolidated case no. SCV-266225.) The essential element is that there is only one fire department
16 that owns and operates the fire station improvements on the subject property that are at issue in
17 this case. There is no confusion or uncertainty here.
18 5. After Two Rock Fire filed its Motion on September 2, 2022, there are two Orders
19 issued by this Court that confirm use of both names. On September 26, 2022, the Court issued its
20 Order to advance the hearing for this Motion – designating Two Rock Fire as “Two Rock
21 Volunteer Fire Department”. (Attached hereto as Exhibit 3 is a true and correct copy of the
22 Court’s Order entered September 26, 2022.) Only a week later, this Court issued its Order
23 regarding Plaintiffs request for additional document production – designating Two Rock Fire as
24 “Two Rock Fire Department”. (Attached hereto as Exhibit 4 is a true and correct copy of the
25 Court’s Order entered October 3, 2022.) Deputy County Counsel Michael King, counsel for
26 Defendant County of Sonoma in this consolidated case, emailed Plaintiff and Two Rock Fire
27 counsel at 1:17 p.m. on October 3, 2022, addressing the Court’s interchangeable use of both names
28 for Two Rock Fire, stating:
2
DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF TRVFD REPLY IN SUPPORT OF
ITS MOTION TO EXCLUDE TRIAL TESTIMONY OF PLAINTIFF FREAR STEPHEN SCHMID
1 “Counsel
2 A review of the pleadings clarifies that Two Rock Volunteer Fire Dept has been
interchanged with Two Rock Fire Dept throughout this litigation. The VFD is the
3 name used by Plaintiffs suing the entity in the very first Complaint- and was later
called Two Rock VFD aka Two Rock Fire Dept. as a Real Party in Interest in Case
4 No. SCV-2667231. These consolidated cases have led to the Court using both
names in its docket. The Court has used both names. No amendment been sought
5 to my knowledge.
6 The parties have variously used Two Rock Volunteer Fire Dept/TRVFD or Two
Rock Fire Dept/TRFD somewhat interchangeably. (e.g, Plaintiff’s Verified
7 Complaint SCV 270322 v. Thompson Gas).”
8 (Attached hereto as Exhibit 5 is a true and correct copy of Deputy County Counsel Michael King’s
9 email sent to Plaintiff and me at 1:17 p.m. on October 3, 2022.)
10 6. Finally, I have represented Two Rock Fire throughout this consolidated case,: first
11 as its general counsel when the litigation began in 2020; then substituting in as litigation counsel
12 in March 2022 (as documented on the Court’s Case Information docket); then as the recognized
13 counsel for record served with the Court’s Order after Hearing dated July 29, 2022, which
14 consolidated these three cases; and then with the Substitution of Attorney filed September 13,
15 2022, which reflected Mr. Adams change in practice to William L. Adams, PC. (Attached hereto
16 as Exhibit 6 is a true and correct copy of the Substitution of Attorneys filed September 13, 2022.)
17 Despite that fact that Plaintiff has refused to attend and participate deposition, Plaintiff has,
18 since consolidation of these cases, Plaintiff has recognized the standing of Two Rock Fire and its
19 counsel is sufficient for Plaintiff to take the deposition of non-party Paul Martin on August 24,
20 2022, and Two Rock Fire’s valuation expert Bill Groverman on September 26, 2022.
21 Plaintiff continues to refuse to provide any discovery information, answers or documents
22 to Two Rock Fire’s Form Interrogatories, Special Interrogatories, Requests for Admissions and
23 Requests for Production of Documents served August 12, 2022. Without any answers to support
24 the claims being made in this litigation, Plaintiff’s response, identical and repeated 101 times, was
25 only the following objection:
26 “Objection. This [interrogatory/request] is propounded by a non-party to action
#SCV270339, it is objected to as not being propounded by an attorney of record in
27 action SCV-270339, and is objected to on being made on behalf of an entity that
does not legally exist as a corporation or as a fictious entity and has no legal right
28 to appear in court.”
3
DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF TRVFD REPLY IN SUPPORT OF
ITS MOTION TO EXCLUDE TRIAL TESTIMONY OF PLAINTIFF FREAR STEPHEN SCHMID
1 As recently as Monday evening October 3, 2022, after Two Rock Fire duly noticed,
2 pursuant to CCP section 2031.010 et seq, a property inspection of Plaintiff’s property on October
3 4, 2022, to evaluate diminution of value claims, Plaintiff asserted a belated and untimely objection
4 based on lack of standing and representation and refused to allow Two Rock Fire and co-defendant
5 County of Sonoma access to the property.
6 I declare under the penalty of perjury under the laws of the State of California that the
7 foregoing is true and correct. Executed in Windsor, California.
8
9 Dated: October 7, 2022
William L. Adams
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
4
DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF TRVFD REPLY IN SUPPORT OF
ITS MOTION TO EXCLUDE TRIAL TESTIMONY OF PLAINTIFF FREAR STEPHEN SCHMID
EXHIBIT 1
EXHIBIT 2
10/7/22, 3:30 PM Details
Case Information
SCV-266225 | Schmid vs Two Rock Fire Dept
Case Number Court Judicial Officer
SCV-266225 Civil Nadler, Gary
File Date Case Type Case Status
04/15/2020 26: Unlimited Other Real Property Active
Party
Plaintiff Active Attorneys
Schmid, Frear Stephen Lead Attorney
SCHMID, FREAR STEPHEN
Retained
Plaintiff Active Attorneys
Schmid, Astrid Lead Attorney
SCHMID, FREAR STEPHEN
Retained
Defendant Active Attorneys
Two Rock Fire Dept Lead Attorney
Aliases ADAMS, WILLIAM L
Retained
ESA Two Rock Volunteer Fire Department
Defendant Active Attorneys
COUNTY OF SONOMA Lead Attorney
King, Michael Alcock
https://cmsportal.sonomacourt.org/IPortal/Home/WorkspaceMode?p=0#CaseInformation 1/2
10/7/22, 3:30 PM Details
Retained
Defendant Active Attorneys
Two Rock Fire Dept Lead Attorney
ADAMS, WILLIAM L
Retained
Defendant Active Attorneys
Two Rock Fire Dept Lead Attorney
ADAMS, WILLIAM L
Retained
https://cmsportal.sonomacourt.org/IPortal/Home/WorkspaceMode?p=0#CaseInformation 2/2
EXHIBIT 3
ELECTRONICALLY FILED
Superior Court of California
1 William L. Adams SBN 166027
County of Sonoma
9/26/2022 2:11 PM
WILLIAM L. ADAMS, PC Robert Oliver, Clerk of the Court
2 P.O. BOX 1050 By: Lorena Deloza, Deputy Clerk
Windsor, CA 95492-1050
3 Telephone: (707) 236-2176
Email: bill@wladamspc.com
4
Attorneys for Defendant
5 TWO ROCK VOLUNTEER FIRE DEPARTMENT
6
7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
8
COUNTY OF SONOMA
9
FREAR STEPHEN SCHMID AND Case No. SCV-266225 and consolidated
10 ASTRID SCHMID, actions SCV-266731 and SCV-270339
11 Plaintiffs, PROPOSED ORDER GRANTING
DEFENDANT TWO ROCK VOLUNTEER
12 v. FIRE DEPARTMENT’S EX PARTE
APPLICATION TO ADVANCE THE
13 HEARING DATE FOR MOTION TO
TWO ROCK VOLUNTEER FIRE EXCLUDE TESTIMONY OR COMPEL
14 DEPARTMENT, DEPOSITION OF PLAINTIFF ASTRID
SCHMID
15 Defendant.
Ex Parte Date: September 26, 2022
16 Hearing Time: 10:30 a.m.
Department: 19
17
AND CONSOLIDATED ACTIONS. Trial Call: November 4, 2022
18 Time: 8:30 a.m.
Department: 19
19
20
21 The Court has reviewed and considered Defendant TWO ROCK VOLUNTEER FIRE
22 DEPARTMENT’S (“Two Rock Fire”) ex parte application. Good cause appearing, the Court
23 grants the request to advance the hearing date for the pending Motion to Exclude Testimony or
24 Compel Deposition of Plaintiff Astrid Schmid (“Two Rock’s Discovery Motion #2”), as set for
25 below:
26 1. The hearing date for Two Rock Discovery Motion #2, currently set in Department
27 19 at 3:00p.m. on February 1, 2023 is advanced to October14 _____, 2022.at 1:30 p.m. in D19.
28
1
[PROPOSED] ORDER GRANTING DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S EX PARTE
APPLICATION TO ADVANCE THE HEARING DATE FOR MOTION TO EXCLUDE TESTIMONY OR COMPEL
DEPOSITION OF PLAINTIFF ASTRID SCHMID
1 2. The deadline for the parties’ filing of Opposition papers and Reply papers related to
2 Two Rock’s Discover Motion #2 shall be calculated pursuant to Code of Civil Procedure section
3 1005(b) in reference to the new hearing date of October 14 ___, 2022
4 3. This Order shall not prejudice or waive any of the parties’ rights, duties, claims,
5 causes of action, defenses or legal contentions, all of which are expressly reserved.
6
7 9/26/22
DATED:
JUDGE OF THE SUPERIOR COURT
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
[PROPOSED] ORDER GRANTING DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S EX PARTE
APPLICATION TO ADVANCE THE HEARING DATE FOR MOTION TO EXCLUDE TESTIMONY OR COMPEL
DEPOSITION OF PLAINTIFF ASTRID SCHMID
EXHIBIT 4
FILED
OCT 03 2022
FREAR STEPHEN SCHMID AND ASTRID SCHMID clerk Of f. z:
7585 VALLEY FORD ROAD,
:-
che {tor Laura of California
,
U! ‘
rn
PETALUMA. CA 94952
TELEPHONE: DepUty Clerk
(415) 788-5957
EMAIL: fiearschmid@aol.com
Plaintifis in pro per
SUPERIOR COURT 0F THE STATE 0F CALIFORNIA
FOR THE COUNTY OF SONOMA
10
FREAK STEPHEN SCHMID AND ASTRID Case No. SCV- 66225 and consolidated
12 SCHMID actions SrC\V/Z/626731 and SCV-270339
13 Plaintifi‘s, (Proposed) ORDER 0N PLAINTIFFS’ EX
PARTE APPLICATION TO COMPEL
l4 V. FURTHER RESPONSE T0
PLAINTIFFS’DOCUMENT REQUESTS
15 TWO ROCK FIRE DEPARTMENT NUMBERS 7 AND 8 AND FOR AN
l6
ORDER COMPELLDIG PRODUCTION
Defendant 0F DOCUMENTS RESPONSIVE
l7
THERETO
[8
Ex Pane Date: October 3, 2022
Time: 10:30 a.m.
l9 Depamnent: 19
20 Trial Date: November 4, 2022
21
The Court having considered PLAINTIFFS’ EX PARTE APPLICATION T0 COMPEL
23
24 FURTHER RESPbNSES T0 PLAINTIFFVS’DOCUMENT REQUESTS, SET # l, REQUESTS
25 NUMBERS 7AND 8 AND FOR AN ORDER COMPELLWG PRODUCTION OF
26
DOCUMENTS RESPONSIVE THERETO
27
and good cause appearing h muted u follow:
28
(proposed) ORDER ON PLAINTIFPS' BX PARTE TO COMPEL DOCS
Defendant isordered to provide to and e-serve on plaintiffsno later thatOctober 11
further verified written responses to plaintiffs request for documents, set # l.requests numbers
7 and 8 and to provide to and e-serve on plaintiffsno later thatOctober llany responsive
documents
‘/ An order shortening time is granted and the matter is set for hearing on October 14,2022
10
at 1:30 p.m.to be heard concurrently with mower discovery motion pending in this matter.The
ll
plaintiffs’ex pane application istreated as their moving papers. Defendang Two Rock Fire
2:»? Xv 5"“
12
f 'l
Department's opposition, ifany, must be filed and e-served no later than Oct. .2022 and
l3
/ ‘7 o v u mu; /
plaintiffs‘ reply if anymust be filed and e-served no later than Oct. £91402
l4
15
An order shortening time isgamed and the matter is set for hearing on October
l6
l7
_. 2022 at p.m.in Dept 19( a date on or before the motion cutoffdate ofOctober
24.2022- 15 days before trial).The plaintiffs’ex pane application istreated as their moving
18
papers. Defendant Two Rock Fire Department’s opposition, if any, must be filed and e-servcd no
19
laterthan Oct. ,2022 and plaintiffs‘ replyif any must be filed and e-served no later than
20
Oct. .2022
2|
22
Dated: October 3, 2022 ltisso ordered.
23
I _
24 7’»
25 Judge 'orCOW
26
27
28
(proposed) ORDER ON PLAINTIFFS‘ EX PARTE TO COMPEL DOCS
2
EXHIBIT 5
From: Michael King
Sent: Monday, October 3, 2022 1:17 PM
To: Frear Stephen Schmid ; William Adams
Subject: SCV‐266225
Counsel
A review of the pleadings clarifies that Two Rock Volunteer Fire Dept has been interchanged with Two Rock Fire Dept
throughout this litigation. The VFD is the name used by Plaintiffs suing the entity in the very first Complaint‐ and was
later called Two Rock VFD aka Two Rock Fire Dept. as a Real Party in Interest in Case No. SCV‐2667231. These
consolidated cases have led to the Court using both names in its docket. The Court has used both names. No
amendment been sought to my knowledge.
The parties have variously used Two Rock Volunteer Fire Dept/TRVFD or Two Rock Fire Dept/TRFD somewhat
interchangeably. (e.g, Plaintiff’s Verified Complaint SCV 270322 v. Thompson Gas).
Michael A. King
Deputy County Counsel
County of Sonoma
(707) 565-2421
**************Confidentiality Statement *********************
The confidential information in this communication is intended for the use of the addressee only (or by others who have
been authorized to receive it). This communication may contain information that is subject to the attorney/client
privilege, and is exempt from disclosure under applicable law. If you are not the intended recipient, or if you are not the
agent responsible for delivering this transmittal to the intended recipient, you are hereby notfied that any
dissemination, distribution or reproduction of this communication is prohibited. If you have received this
communication in error, please notify the sender immediately by email, by telephone at (707) 565‐2421 or by facsimile
at (707) 565‐2624, and destroy all copies of this communication. Thank you.
********************************************************************
1
EXHIBIT 6
ELECTRONICALLY FILED
Superior Court of California
County of Sonoma
9/13/2022 2:41 PM
By: Amber Henry, Deputy Clerk
MC-050
CASE NAME: CASE NUMBER:
Schmid v. Two Rock Volunteer Fire Dept SCV-266225 and consolidated actions
SCV-266731 and SCV-270339
PROOF OF SERVICE BY MAIL
Substitution of Attorney - Civil
Instructions: After having all parties served by mail with the Substitution of Attorney-Civil, have the person who mailed the document
complete this Proof of Service by Mail. An unsigned copy of the Proof of Service by Mail should be completed and served with the
document. Give the Substitution of Attorney-Civil and the completed Proof of Service by Mail to the clerk for filing. If you are
representing yourself, someone else must mail these papers and sign the Proof of Service by Mail.
1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred. My
residence or business address is (specify): P.O. Box 1050, Windsor, CA 95492
2. I served the Substitution of Attorney-Civil by enclosing a true copy in a sealed envelope addressed to each person whose name
and address is shown below and depositing the envelope in the United States mail with the postage fully prepaid.
(1) Date of mailing: September 12, 2022 (2) Place of mailing (city and state): Windsor, CA
3. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: September 12, 2022
Jacqueline Schaap
(TYPE OR PRINT NAME) (SIGNATURE)
NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED
4. a. Name of person served: Frear Stephen Schmid
b. Address (number, street, city, and ZIP):
7585 Valley Ford Road
Petaluma, CA 94952
c. Name of person served: Astrid Schmid
d. Address (number, street, city, and ZIP):
7585 Valley Ford Road
Petaluma, CA 94952
e. Name of person served: Michael A. King, Deputy County Counsel
f. Address (number, street, city, and ZIP):
County of Sonoma
575 Administration Drive, Room 105-A
Santa Rosa, CA 95403
g. Name of person served:
h. Address (number, street, city, and ZIP):
i. Name of person served:
j. Address (number, street, city, and ZIP):
List of names and addresses continued in attachment.
MC-050 [Rev. January 1, 2009] Page 2 of 2
SUBSTITUTION OF ATTORNEY - CIVIL
(Without Court Order)
Two Rock VFD
Preview
1 William L. Adams SBN 166027 WILLIAM L. ADAMS, PC 2 P.O. Box 1050 Windsor, CA 95492-1050 3 Telephone: (707) 236-2176 Email: wbill@wladamspc.com 4 Attorneys for Defendant 5 TWO ROCK VOLUNTEER FIRE DEPARTMENT 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SONOMA 10 FREAR STEPHEN SCHMID AND Case No. SCV-266225 and consolidated ASTRID SCHMID, actions SCV-266731 and SCV-270339 11 Plaintiffs, 12 DECLARATION OF WILLIAM L. v. ADAMS IN SUPPORT OF DEFENDANT 13 TWO ROCK VOLUNTEER FIRE DEPARTMENT’S REPLY IN SUPPORT 14 TWO ROCK VOLUNTEER FIRE OF ITS MOTION TO EXCLUDE THE DEPARTMENT, TRIAL TESTIMONY OF PLAINTIFF 15 FREAR STEPHEN SCHMID OR TO Defendant. COMPEL DEPOSTION: AND FOR 16 SANCTIONS [CCP § 2025.450] 17 Hearing Date: October 14, 2022 18 Time: 1:30 p.m. Department: 19 19 AND CONSOLIDATED ACTIONS. Trial Call: November 4, 2022 20 Time: 8:30 a.m. Department: 19 21 22 I, WILLIAM L. ADAMS, declare: 23 1. I am an attorney duly licensed to practice before all Courts in the State of California 24 and attorney of record for Defendant Two Rock Volunteer Fire Department, also known as Two 25 Rock Fire Department (“Two Rock Fire”) in this consolidated case. 26 2. I make this Declaration in support of the Two Rock Fire’s Reply to its Motion of 27 TRVFD to exclude the trial testimony of Plaintiff FREAR STEPHEN SCHMID (“Plaintiff”), or 28 to compel his deposition, because of Plaintiff’s refusal to attend his duly noticed deposition on 1 DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF TRVFD REPLY IN SUPPORT OF ITS MOTION TO EXCLUDE TRIAL TESTIMONY OF PLAINTIFF FREAR STEPHEN SCHMID 1 August 26, 2022. I have personal knowledge of the facts set forth herein and if called upon to 2 testify thereto in a court of law, I could and would do so competently. Pursuant to Evidence Code 3 section 452(d), I respectfully request the Court take judicial notice of the entirety of its own files 4 and records in this consolidated matter. 5 3. As shown in the Court’s Order after Hearing entered July 29, 2022, it is the Court, 6 which after granting consolidation over Plaintiff’s objections, designated Two Rock Fire as “Two 7 Rock Volunteer Fire Department” in the caption of the Order. (Attached hereto as Exhibit 1 is a 8 true and correct copy of the Order after Hearing entered on July 29, 2022.) 9 4. Throughout this case, the Court has recognized and interchangeably designated 10 Two Rock Fire as both “Two Rock Volunteer Fire Department” and “Two Rock Fire Department”. 11 For example, the first page of the Sonoma County Superior Court online portal Case Information 12 page identifies Two Rock Fire as “Two Rock Fire Department” as well as erroneously sued as 13 “Two Rock Volunteer Fire Department.” (Attached hereto as Exhibit 2 is a true and correct copy 14 of the first page of Sonoma County Superior Court online portal Case Information page for 15 consolidated case no. SCV-266225.) The essential element is that there is only one fire department 16 that owns and operates the fire station improvements on the subject property that are at issue in 17 this case. There is no confusion or uncertainty here. 18 5. After Two Rock Fire filed its Motion on September 2, 2022, there are two Orders 19 issued by this Court that confirm use of both names. On September 26, 2022, the Court issued its 20 Order to advance the hearing for this Motion – designating Two Rock Fire as “Two Rock 21 Volunteer Fire Department”. (Attached hereto as Exhibit 3 is a true and correct copy of the 22 Court’s Order entered September 26, 2022.) Only a week later, this Court issued its Order 23 regarding Plaintiffs request for additional document production – designating Two Rock Fire as 24 “Two Rock Fire Department”. (Attached hereto as Exhibit 4 is a true and correct copy of the 25 Court’s Order entered October 3, 2022.) Deputy County Counsel Michael King, counsel for 26 Defendant County of Sonoma in this consolidated case, emailed Plaintiff and Two Rock Fire 27 counsel at 1:17 p.m. on October 3, 2022, addressing the Court’s interchangeable use of both names 28 for Two Rock Fire, stating: 2 DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF TRVFD REPLY IN SUPPORT OF ITS MOTION TO EXCLUDE TRIAL TESTIMONY OF PLAINTIFF FREAR STEPHEN SCHMID 1 “Counsel 2 A review of the pleadings clarifies that Two Rock Volunteer Fire Dept has been interchanged with Two Rock Fire Dept throughout this litigation. The VFD is the 3 name used by Plaintiffs suing the entity in the very first Complaint- and was later called Two Rock VFD aka Two Rock Fire Dept. as a Real Party in Interest in Case 4 No. SCV-2667231. These consolidated cases have led to the Court using both names in its docket. The Court has used both names. No amendment been sought 5 to my knowledge. 6 The parties have variously used Two Rock Volunteer Fire Dept/TRVFD or Two Rock Fire Dept/TRFD somewhat interchangeably. (e.g, Plaintiff’s Verified 7 Complaint SCV 270322 v. Thompson Gas).” 8 (Attached hereto as Exhibit 5 is a true and correct copy of Deputy County Counsel Michael King’s 9 email sent to Plaintiff and me at 1:17 p.m. on October 3, 2022.) 10 6. Finally, I have represented Two Rock Fire throughout this consolidated case,: first 11 as its general counsel when the litigation began in 2020; then substituting in as litigation counsel 12 in March 2022 (as documented on the Court’s Case Information docket); then as the recognized 13 counsel for record served with the Court’s Order after Hearing dated July 29, 2022, which 14 consolidated these three cases; and then with the Substitution of Attorney filed September 13, 15 2022, which reflected Mr. Adams change in practice to William L. Adams, PC. (Attached hereto 16 as Exhibit 6 is a true and correct copy of the Substitution of Attorneys filed September 13, 2022.) 17 Despite that fact that Plaintiff has refused to attend and participate deposition, Plaintiff has, 18 since consolidation of these cases, Plaintiff has recognized the standing of Two Rock Fire and its 19 counsel is sufficient for Plaintiff to take the deposition of non-party Paul Martin on August 24, 20 2022, and Two Rock Fire’s valuation expert Bill Groverman on September 26, 2022. 21 Plaintiff continues to refuse to provide any discovery information, answers or documents 22 to Two Rock Fire’s Form Interrogatories, Special Interrogatories, Requests for Admissions and 23 Requests for Production of Documents served August 12, 2022. Without any answers to support 24 the claims being made in this litigation, Plaintiff’s response, identical and repeated 101 times, was 25 only the following objection: 26 “Objection. This [interrogatory/request] is propounded by a non-party to action #SCV270339, it is objected to as not being propounded by an attorney of record in 27 action SCV-270339, and is objected to on being made on behalf of an entity that does not legally exist as a corporation or as a fictious entity and has no legal right 28 to appear in court.” 3 DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF TRVFD REPLY IN SUPPORT OF ITS MOTION TO EXCLUDE TRIAL TESTIMONY OF PLAINTIFF FREAR STEPHEN SCHMID 1 As recently as Monday evening October 3, 2022, after Two Rock Fire duly noticed, 2 pursuant to CCP section 2031.010 et seq, a property inspection of Plaintiff’s property on October 3 4, 2022, to evaluate diminution of value claims, Plaintiff asserted a belated and untimely objection 4 based on lack of standing and representation and refused to allow Two Rock Fire and co-defendant 5 County of Sonoma access to the property. 6 I declare under the penalty of perjury under the laws of the State of California that the 7 foregoing is true and correct. Executed in Windsor, California. 8 9 Dated: October 7, 2022 William L. Adams 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 4 DECLARATION OF WILLIAM L. ADAMS IN SUPPORT OF TRVFD REPLY IN SUPPORT OF ITS MOTION TO EXCLUDE TRIAL TESTIMONY OF PLAINTIFF FREAR STEPHEN SCHMID EXHIBIT 1 EXHIBIT 2 10/7/22, 3:30 PM Details Case Information SCV-266225 | Schmid vs Two Rock Fire Dept Case Number Court Judicial Officer SCV-266225 Civil Nadler, Gary File Date Case Type Case Status 04/15/2020 26: Unlimited Other Real Property Active Party Plaintiff Active Attorneys Schmid, Frear Stephen Lead Attorney SCHMID, FREAR STEPHEN Retained Plaintiff Active Attorneys Schmid, Astrid Lead Attorney SCHMID, FREAR STEPHEN Retained Defendant Active Attorneys Two Rock Fire Dept Lead Attorney Aliases ADAMS, WILLIAM L Retained ESA Two Rock Volunteer Fire Department Defendant Active Attorneys COUNTY OF SONOMA Lead Attorney King, Michael Alcock https://cmsportal.sonomacourt.org/IPortal/Home/WorkspaceMode?p=0#CaseInformation 1/2 10/7/22, 3:30 PM Details Retained Defendant Active Attorneys Two Rock Fire Dept Lead Attorney ADAMS, WILLIAM L Retained Defendant Active Attorneys Two Rock Fire Dept Lead Attorney ADAMS, WILLIAM L Retained https://cmsportal.sonomacourt.org/IPortal/Home/WorkspaceMode?p=0#CaseInformation 2/2 EXHIBIT 3 ELECTRONICALLY FILED Superior Court of California 1 William L. Adams SBN 166027 County of Sonoma 9/26/2022 2:11 PM WILLIAM L. ADAMS, PC Robert Oliver, Clerk of the Court 2 P.O. BOX 1050 By: Lorena Deloza, Deputy Clerk Windsor, CA 95492-1050 3 Telephone: (707) 236-2176 Email: bill@wladamspc.com 4 Attorneys for Defendant 5 TWO ROCK VOLUNTEER FIRE DEPARTMENT 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 COUNTY OF SONOMA 9 FREAR STEPHEN SCHMID AND Case No. SCV-266225 and consolidated 10 ASTRID SCHMID, actions SCV-266731 and SCV-270339 11 Plaintiffs, PROPOSED ORDER GRANTING DEFENDANT TWO ROCK VOLUNTEER 12 v. FIRE DEPARTMENT’S EX PARTE APPLICATION TO ADVANCE THE 13 HEARING DATE FOR MOTION TO TWO ROCK VOLUNTEER FIRE EXCLUDE TESTIMONY OR COMPEL 14 DEPARTMENT, DEPOSITION OF PLAINTIFF ASTRID SCHMID 15 Defendant. Ex Parte Date: September 26, 2022 16 Hearing Time: 10:30 a.m. Department: 19 17 AND CONSOLIDATED ACTIONS. Trial Call: November 4, 2022 18 Time: 8:30 a.m. Department: 19 19 20 21 The Court has reviewed and considered Defendant TWO ROCK VOLUNTEER FIRE 22 DEPARTMENT’S (“Two Rock Fire”) ex parte application. Good cause appearing, the Court 23 grants the request to advance the hearing date for the pending Motion to Exclude Testimony or 24 Compel Deposition of Plaintiff Astrid Schmid (“Two Rock’s Discovery Motion #2”), as set for 25 below: 26 1. The hearing date for Two Rock Discovery Motion #2, currently set in Department 27 19 at 3:00p.m. on February 1, 2023 is advanced to October14 _____, 2022.at 1:30 p.m. in D19. 28 1 [PROPOSED] ORDER GRANTING DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S EX PARTE APPLICATION TO ADVANCE THE HEARING DATE FOR MOTION TO EXCLUDE TESTIMONY OR COMPEL DEPOSITION OF PLAINTIFF ASTRID SCHMID 1 2. The deadline for the parties’ filing of Opposition papers and Reply papers related to 2 Two Rock’s Discover Motion #2 shall be calculated pursuant to Code of Civil Procedure section 3 1005(b) in reference to the new hearing date of October 14 ___, 2022 4 3. This Order shall not prejudice or waive any of the parties’ rights, duties, claims, 5 causes of action, defenses or legal contentions, all of which are expressly reserved. 6 7 9/26/22 DATED: JUDGE OF THE SUPERIOR COURT 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 [PROPOSED] ORDER GRANTING DEFENDANT TWO ROCK VOLUNTEER FIRE DEPARTMENT’S EX PARTE APPLICATION TO ADVANCE THE HEARING DATE FOR MOTION TO EXCLUDE TESTIMONY OR COMPEL DEPOSITION OF PLAINTIFF ASTRID SCHMID EXHIBIT 4 FILED OCT 03 2022 FREAR STEPHEN SCHMID AND ASTRID SCHMID clerk Of f. z: 7585 VALLEY FORD ROAD, :- che {tor Laura of California , U! ‘ rn PETALUMA. CA 94952 TELEPHONE: DepUty Clerk (415) 788-5957 EMAIL: fiearschmid@aol.com Plaintifis in pro per SUPERIOR COURT 0F THE STATE 0F CALIFORNIA FOR THE COUNTY OF SONOMA 10 FREAK STEPHEN SCHMID AND ASTRID Case No. SCV- 66225 and consolidated 12 SCHMID actions SrC\V/Z/626731 and SCV-270339 13 Plaintifi‘s, (Proposed) ORDER 0N PLAINTIFFS’ EX PARTE APPLICATION TO COMPEL l4 V. FURTHER RESPONSE T0 PLAINTIFFS’DOCUMENT REQUESTS 15 TWO ROCK FIRE DEPARTMENT NUMBERS 7 AND 8 AND FOR AN l6 ORDER COMPELLDIG PRODUCTION Defendant 0F DOCUMENTS RESPONSIVE l7 THERETO [8 Ex Pane Date: October 3, 2022 Time: 10:30 a.m. l9 Depamnent: 19 20 Trial Date: November 4, 2022 21 The Court having considered PLAINTIFFS’ EX PARTE APPLICATION T0 COMPEL 23 24 FURTHER RESPbNSES T0 PLAINTIFFVS’DOCUMENT REQUESTS, SET # l, REQUESTS 25 NUMBERS 7AND 8 AND FOR AN ORDER COMPELLWG PRODUCTION OF 26 DOCUMENTS RESPONSIVE THERETO 27 and good cause appearing h muted u follow: 28 (proposed) ORDER ON PLAINTIFPS' BX PARTE TO COMPEL DOCS Defendant isordered to provide to and e-serve on plaintiffsno later thatOctober 11 further verified written responses to plaintiffs request for documents, set # l.requests numbers 7 and 8 and to provide to and e-serve on plaintiffsno later thatOctober llany responsive documents ‘/ An order shortening time is granted and the matter is set for hearing on October 14,2022 10 at 1:30 p.m.to be heard concurrently with mower discovery motion pending in this matter.The ll plaintiffs’ex pane application istreated as their moving papers. Defendang Two Rock Fire 2:»? Xv 5"“ 12 f 'l Department's opposition, ifany, must be filed and e-served no later than Oct. .2022 and l3 / ‘7 o v u mu; / plaintiffs‘ reply if anymust be filed and e-served no later than Oct. £91402 l4 15 An order shortening time isgamed and the matter is set for hearing on October l6 l7 _. 2022 at p.m.in Dept 19( a date on or before the motion cutoffdate ofOctober 24.2022- 15 days before trial).The plaintiffs’ex pane application istreated as their moving 18 papers. Defendant Two Rock Fire Department’s opposition, if any, must be filed and e-servcd no 19 laterthan Oct. ,2022 and plaintiffs‘ replyif any must be filed and e-served no later than 20 Oct. .2022 2| 22 Dated: October 3, 2022 ltisso ordered. 23 I _ 24 7’» 25 Judge 'orCOW 26 27 28 (proposed) ORDER ON PLAINTIFFS‘ EX PARTE TO COMPEL DOCS 2 EXHIBIT 5 From: Michael King Sent: Monday, October 3, 2022 1:17 PM To: Frear Stephen Schmid ; William Adams Subject: SCV‐266225 Counsel A review of the pleadings clarifies that Two Rock Volunteer Fire Dept has been interchanged with Two Rock Fire Dept throughout this litigation. The VFD is the name used by Plaintiffs suing the entity in the very first Complaint‐ and was later called Two Rock VFD aka Two Rock Fire Dept. as a Real Party in Interest in Case No. SCV‐2667231. These consolidated cases have led to the Court using both names in its docket. The Court has used both names. No amendment been sought to my knowledge. The parties have variously used Two Rock Volunteer Fire Dept/TRVFD or Two Rock Fire Dept/TRFD somewhat interchangeably. (e.g, Plaintiff’s Verified Complaint SCV 270322 v. Thompson Gas). Michael A. King Deputy County Counsel County of Sonoma (707) 565-2421 **************Confidentiality Statement ********************* The confidential information in this communication is intended for the use of the addressee only (or by others who have been authorized to receive it). This communication may contain information that is subject to the attorney/client privilege, and is exempt from disclosure under applicable law. If you are not the intended recipient, or if you are not the agent responsible for delivering this transmittal to the intended recipient, you are hereby notfied that any dissemination, distribution or reproduction of this communication is prohibited. If you have received this communication in error, please notify the sender immediately by email, by telephone at (707) 565‐2421 or by facsimile at (707) 565‐2624, and destroy all copies of this communication. Thank you. ******************************************************************** 1 EXHIBIT 6 ELECTRONICALLY FILED Superior Court of California County of Sonoma 9/13/2022 2:41 PM By: Amber Henry, Deputy Clerk MC-050 CASE NAME: CASE NUMBER: Schmid v. Two Rock Volunteer Fire Dept SCV-266225 and consolidated actions SCV-266731 and SCV-270339 PROOF OF SERVICE BY MAIL Substitution of Attorney - Civil Instructions: After having all parties served by mail with the Substitution of Attorney-Civil, have the person who mailed the document complete this Proof of Service by Mail. An unsigned copy of the Proof of Service by Mail should be completed and served with the document. Give the Substitution of Attorney-Civil and the completed Proof of Service by Mail to the clerk for filing. If you are representing yourself, someone else must mail these papers and sign the Proof of Service by Mail. 1. I am over the age of 18 and not a party to this cause. I am a resident of or employed in the county where the mailing occurred. My residence or business address is (specify): P.O. Box 1050, Windsor, CA 95492 2. I served the Substitution of Attorney-Civil by enclosing a true copy in a sealed envelope addressed to each person whose name and address is shown below and depositing the envelope in the United States mail with the postage fully prepaid. (1) Date of mailing: September 12, 2022 (2) Place of mailing (city and state): Windsor, CA 3. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: September 12, 2022 Jacqueline Schaap (TYPE OR PRINT NAME) (SIGNATURE) NAME AND ADDRESS OF EACH PERSON TO WHOM NOTICE WAS MAILED 4. a. Name of person served: Frear Stephen Schmid b. Address (number, street, city, and ZIP): 7585 Valley Ford Road Petaluma, CA 94952 c. Name of person served: Astrid Schmid d. Address (number, street, city, and ZIP): 7585 Valley Ford Road Petaluma, CA 94952 e. Name of person served: Michael A. King, Deputy County Counsel f. Address (number, street, city, and ZIP): County of Sonoma 575 Administration Drive, Room 105-A Santa Rosa, CA 95403 g. Name of person served: h. Address (number, street, city, and ZIP): i. Name of person served: j. Address (number, street, city, and ZIP): List of names and addresses continued in attachment. MC-050 [Rev. January 1, 2009] Page 2 of 2 SUBSTITUTION OF ATTORNEY - CIVIL (Without Court Order) Two Rock VFD