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XAVIBR’BECERRA
Attorney Genelal of California
FHLE-[g
DEBORAH M. SMITH
Supervising Deputy Attorney General MAR 20 2020
CHRISTINA MORKNER BROWN (SBN # 258479) SUPERIOR COURT OF CALIFORNIA
DEPUTY ATTORNEYS GENERAL OUNTYO RESNO
1300 I Street, Suite 125 DEPUTY
P.O. Box 944255
RECEIVED
Sacramento, CA 94244-2550
OOQQLA-hb-JN
Telephone: (916) 210-6201 3/1 AM
8/2020 8:14
anx (916) 327- 2319 FRESN%9.0AJ%%§§J%W COURT
E—mail: Christina. Morkne1@doj. ca. gov
Attorneys for Respondents EXEMPT FROM FILING FEES
Scm Joaquin River Conser vancy [Gov. CODE, § 6103]
SUPERIOR COURT OF THE STATE OF CALIFORNIA
\O
COUNTY OF FRESNO
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UNLIMITED CIVIL JURISDICTION
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12
13 DAVID RODRIGUEZ, SARAH KOLB, Case No. 19CECGOI 138
TIMOTHY TAIRA, SAN JOAQUIN
14 RIVER ACCESS CORPORATION, a JOINT STIPULATION AND
California Non-Profit Corporation APPLICATION FOR ORDER
EXTENDING THE TIME FOR
1
Petitioners and Plaintiffs, DEFENDANTS SAN JOAQUIN RIVER
16 CONSERVANCY, SANTOS GARCIA,
JULIE VANCE, JOHN DONNELLY,
17 AND JENNIFER LUCCHESI TO FILE
RESPONSIVE PLEADINGS;
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SAN JOAQUIN RIVER CONSERVANCY,
a Califprnia State Agency, SANTOS
GARCIA, JULIE VANCE, JOHN
{W}
Judge:
ORDER
Hon. Alan' Simpson
DONNELLY, and JENNIFER LUCCHESI, Dept: 6
20 in their Official Capacity, Hearing Date: TBD
I Time: TBD
21 Respondent and Defendants
Action Filed: March 28, 2019
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(7507/002/00985485. DOCX} l
JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT TO FILFJ
RESPONSIVE PLEADINGS (l9CECGOl 138)
APPLICATION
Pétitioners and Plaintiffs David Rodriguez, Sarah Kolb, Timothy Taira, and the San Joaquin
River Access Corporation (“the SJRAC”) and Respondents and Defendants San Joaquin River
Conservancy, e1 al.,(colléctively, “the Cohservancy”) through their respective attorneys of
(11-th
record, hereby enter into this StipulatiOn and request the Court issue itas an order.
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¢
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STIPULATION
WHEREAS, on March 28, 2019, SJRAC initiated the present lawsuit against the
Conservgncy by filing a “Verified Petition for Writ of Mandate and Complaint for Inverse
Condemnation and Declaratory and Injunctive Relief” (“Petition”);
10 WHEREAS, the SJRAC personally served the Petition on the Conservancy 0n April 9,201 9
11 and served the named Conservancy bdard members betwéen April 9, 2019 and April 11, 201 9;
12 WHEREAS, in the Petition, the SJRAC allege ten separate gauses of action,some of which
13 seek a wfit of mandate and require the preparation of an administrative record;
14 WHEREAS, on April 17, 2019, the Conservancy received from the SJRAC a request
15 concernil‘ng preparation of the record of the administrative proceedings relating to this action;
15 WHEREAS, Code of Civil Procedure section 1089.5 provides that when a petitioner files a
17 petition for writ of mandate and when a record ofthc proceeding has been requested, the respondent
18 must filé responsive pleadings no laterthan 3O days following receipt of a copy of the administrative
I
19 record;
20 WHEREAS, responsive pleadings to allother claims are due within 3O days of service (Cal.
21 Code Civ. 'Proc., § 412.20, subd. (a)(3)), unless the panics stipulate to an extension by coun order
' -
22 (Cal. Rules ofCourt, rule 3.1 10(e).);
23 WHEREAS, the SJRAC and the Conservancy entered into prior stipulations permitting the
‘
24 Conservancy to file its responsive pleadings by February 21, 2020 to engage in good faith settlement
25 discussiQns prior to expending resources litigating the merits of the Petition;
26 WHEREAS, the SJRAC and the Conservancy have engaged in good faith settlement
27 discussigns, panicipating in a full-day mediated session on February 20, 2020, in which specific
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28 settlement terms were exchanged;
{7507/002/00985485DOCX) 2
JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT TO FILE
RESPONSIVE PLEADINGS (I9CECGOI I38)
1‘
I
WHEREAS, given the constraints of the Brown Act, and the requirement of both parties to
have their respective board members approve the proposed settlement terms, the SJRAC and the
Consewa’ncy anticipate needing an additional 30-45 days prior tofiling a Notice of Settlement;
“QMAMN
M&hl?’
Dated: FebmaTy‘27, 2020 Respectfully Submitted,
i
XAVIBR BECERRA
Attorney General of California
‘
DEBORAH M. SMITH
Supervising Deputy Attorney General
10
-
DAVID PM
ll g Deputy Attorney General
.
A ttorneysfor
12 w
‘
San Joaquin River Conservancy and
Santos Garcia, Julie Vance, John
13 Donnelly, and Jennifer Lucchesi in rheir'
Official Capacily
14
15. Respectfully Submitted,
‘
l6 Dated: February 27, 2020 WANGER JONES HELSLEY PC
l7
18
l9
(£0917
KrNSEY
A0orneys for
20 Petitioners and Plaintiffs David Rodriguez
Sarah Kalb, Timothy Taira, and San
2] Joaquin River A ccess Corporation
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(7507/00fl00985485. DOCX} 3
JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDAN'I TO FllE
RESPONSIVE Pl EADINGS (I9CECGOI I38)
?
Good cause appearing, the joint application
z
1.
,
The Conservancy’s responswe pleadmgs
is granted as follows:
_
shall be filed no laterthan
m a”
,
2020.
2. The Conservancy shall be permitted to file an amended answer, as needed, 30--days
VGU'ILLQN
after the administrative 1"'ec01d Is prepared.
IT IS SQ ORDERED.
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{7507/002100985485. DOCK) 4
JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT TO FILE
RESPONSIVE PLEADINGS (l9CECGOI 138)
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DECLARATION OF SERVICE BY U.S. MAIL
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Case Name: quid Rodriguez, Sarah Kalb, Timothy Taira, San Joaquin River Access
Corporation v.San Joaquin River Conservancy, Santos Garcia, Julie Vance, John
Donnelly, and Jennifer Lucchesi, in their Official Capacity
No.: Fresno County Superior Court Case No.: 19CECG01 138
I declare:
I am employed in the Office of the Attorney General, Which is the office of a member of the
California State Bar, at which member's direction this service ismade. Lam 18 years of age or
older and not a party to this matter. I am familiar with the business practice at the Office of the
Attorney Genera] for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system at the Office of the Attorney General is deposited with the United States
Postal Sewice with postage thereon fully prepaid that same day in the ordinary course of
business.
‘
On March l8 2020 I served the attached JOINT STIPULATION AND APPLICATION
.FOR ORDER EXTENDING THE TIME FOR DEFENDANTS SAN JOAQUIN RIVER
CONSERVANCY, SANTOS GARCIA, JULIE VANCE, JOHN DONNELLY, AND
JENNIFER LUCCHESI T0 FILE RESPONSIVE PLEADINGS; [PROPOSED] ORDER
by placing a tme copy thereof enclosed in a sealed envelope in the intemal mail collection
system at the Office of the Attorney General at 15 1 5Clay Street, 20th Floor, Oakland, CA
94612-0550, addressed as follows:
John P. Kinsey
Attorney for Plaintiffs
Wanger Jones Helsley PC
265 E. River‘Park Circle, Suite 3.10
Fresno, California 93720
I declare under penalty ofperjuly under the laws of t_he State of California the foregoing is true
and correct and that this declaration was executed on March 18 2020,, at Oakland, California.
Christine Soo
Declarant Signature
SAzox9mI443
912321 16.docx
Preview
J ! i XAVIBR’BECERRA Attorney Genelal of California FHLE-[g DEBORAH M. SMITH Supervising Deputy Attorney General MAR 20 2020 CHRISTINA MORKNER BROWN (SBN # 258479) SUPERIOR COURT OF CALIFORNIA DEPUTY ATTORNEYS GENERAL OUNTYO RESNO 1300 I Street, Suite 125 DEPUTY P.O. Box 944255 RECEIVED Sacramento, CA 94244-2550 OOQQLA-hb-JN Telephone: (916) 210-6201 3/1 AM 8/2020 8:14 anx (916) 327- 2319 FRESN%9.0AJ%%§§J%W COURT E—mail: Christina. Morkne1@doj. ca. gov Attorneys for Respondents EXEMPT FROM FILING FEES Scm Joaquin River Conser vancy [Gov. CODE, § 6103] SUPERIOR COURT OF THE STATE OF CALIFORNIA \O COUNTY OF FRESNO 10 UNLIMITED CIVIL JURISDICTION 11 12 13 DAVID RODRIGUEZ, SARAH KOLB, Case No. 19CECGOI 138 TIMOTHY TAIRA, SAN JOAQUIN 14 RIVER ACCESS CORPORATION, a JOINT STIPULATION AND California Non-Profit Corporation APPLICATION FOR ORDER EXTENDING THE TIME FOR 1 Petitioners and Plaintiffs, DEFENDANTS SAN JOAQUIN RIVER 16 CONSERVANCY, SANTOS GARCIA, JULIE VANCE, JOHN DONNELLY, 17 AND JENNIFER LUCCHESI TO FILE RESPONSIVE PLEADINGS; 18 19 SAN JOAQUIN RIVER CONSERVANCY, a Califprnia State Agency, SANTOS GARCIA, JULIE VANCE, JOHN {W} Judge: ORDER Hon. Alan' Simpson DONNELLY, and JENNIFER LUCCHESI, Dept: 6 20 in their Official Capacity, Hearing Date: TBD I Time: TBD 21 Respondent and Defendants Action Filed: March 28, 2019 22 23 24 25 26 27 1 | 28 l (7507/002/00985485. DOCX} l JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT TO FILFJ RESPONSIVE PLEADINGS (l9CECGOl 138) APPLICATION Pétitioners and Plaintiffs David Rodriguez, Sarah Kolb, Timothy Taira, and the San Joaquin River Access Corporation (“the SJRAC”) and Respondents and Defendants San Joaquin River Conservancy, e1 al.,(colléctively, “the Cohservancy”) through their respective attorneys of (11-th record, hereby enter into this StipulatiOn and request the Court issue itas an order. \ ¢ 1 O\ ‘ STIPULATION WHEREAS, on March 28, 2019, SJRAC initiated the present lawsuit against the Conservgncy by filing a “Verified Petition for Writ of Mandate and Complaint for Inverse Condemnation and Declaratory and Injunctive Relief” (“Petition”); 10 WHEREAS, the SJRAC personally served the Petition on the Conservancy 0n April 9,201 9 11 and served the named Conservancy bdard members betwéen April 9, 2019 and April 11, 201 9; 12 WHEREAS, in the Petition, the SJRAC allege ten separate gauses of action,some of which 13 seek a wfit of mandate and require the preparation of an administrative record; 14 WHEREAS, on April 17, 2019, the Conservancy received from the SJRAC a request 15 concernil‘ng preparation of the record of the administrative proceedings relating to this action; 15 WHEREAS, Code of Civil Procedure section 1089.5 provides that when a petitioner files a 17 petition for writ of mandate and when a record ofthc proceeding has been requested, the respondent 18 must filé responsive pleadings no laterthan 3O days following receipt of a copy of the administrative I 19 record; 20 WHEREAS, responsive pleadings to allother claims are due within 3O days of service (Cal. 21 Code Civ. 'Proc., § 412.20, subd. (a)(3)), unless the panics stipulate to an extension by coun order ' - 22 (Cal. Rules ofCourt, rule 3.1 10(e).); 23 WHEREAS, the SJRAC and the Conservancy entered into prior stipulations permitting the ‘ 24 Conservancy to file its responsive pleadings by February 21, 2020 to engage in good faith settlement 25 discussiQns prior to expending resources litigating the merits of the Petition; 26 WHEREAS, the SJRAC and the Conservancy have engaged in good faith settlement 27 discussigns, panicipating in a full-day mediated session on February 20, 2020, in which specific \ 28 settlement terms were exchanged; {7507/002/00985485DOCX) 2 JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT TO FILE RESPONSIVE PLEADINGS (I9CECGOI I38) 1‘ I WHEREAS, given the constraints of the Brown Act, and the requirement of both parties to have their respective board members approve the proposed settlement terms, the SJRAC and the Consewa’ncy anticipate needing an additional 30-45 days prior tofiling a Notice of Settlement; “QMAMN M&hl?’ Dated: FebmaTy‘27, 2020 Respectfully Submitted, i XAVIBR BECERRA Attorney General of California ‘ DEBORAH M. SMITH Supervising Deputy Attorney General 10 - DAVID PM ll g Deputy Attorney General . A ttorneysfor 12 w ‘ San Joaquin River Conservancy and Santos Garcia, Julie Vance, John 13 Donnelly, and Jennifer Lucchesi in rheir' Official Capacily 14 15. Respectfully Submitted, ‘ l6 Dated: February 27, 2020 WANGER JONES HELSLEY PC l7 18 l9 (£0917 KrNSEY A0orneys for 20 Petitioners and Plaintiffs David Rodriguez Sarah Kalb, Timothy Taira, and San 2] Joaquin River A ccess Corporation 22 23 24 25 26 27 28 § (7507/00fl00985485. DOCX} 3 JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDAN'I TO FllE RESPONSIVE Pl EADINGS (I9CECGOI I38) ? Good cause appearing, the joint application z 1. , The Conservancy’s responswe pleadmgs is granted as follows: _ shall be filed no laterthan m a” , 2020. 2. The Conservancy shall be permitted to file an amended answer, as needed, 30--days VGU'ILLQN after the administrative 1"'ec01d Is prepared. IT IS SQ ORDERED. 00 mm \ Wag 20w 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I \ {7507/002100985485. DOCK) 4 JOINT STIPULATION AND [PROPOSED] ORDER EXTENDING TIME FOR DEFENDANT TO FILE RESPONSIVE PLEADINGS (l9CECGOI 138) r x DECLARATION OF SERVICE BY U.S. MAIL l | Case Name: quid Rodriguez, Sarah Kalb, Timothy Taira, San Joaquin River Access Corporation v.San Joaquin River Conservancy, Santos Garcia, Julie Vance, John Donnelly, and Jennifer Lucchesi, in their Official Capacity No.: Fresno County Superior Court Case No.: 19CECG01 138 I declare: I am employed in the Office of the Attorney General, Which is the office of a member of the California State Bar, at which member's direction this service ismade. Lam 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney Genera] for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Sewice with postage thereon fully prepaid that same day in the ordinary course of business. ‘ On March l8 2020 I served the attached JOINT STIPULATION AND APPLICATION .FOR ORDER EXTENDING THE TIME FOR DEFENDANTS SAN JOAQUIN RIVER CONSERVANCY, SANTOS GARCIA, JULIE VANCE, JOHN DONNELLY, AND JENNIFER LUCCHESI T0 FILE RESPONSIVE PLEADINGS; [PROPOSED] ORDER by placing a tme copy thereof enclosed in a sealed envelope in the intemal mail collection system at the Office of the Attorney General at 15 1 5Clay Street, 20th Floor, Oakland, CA 94612-0550, addressed as follows: John P. Kinsey Attorney for Plaintiffs Wanger Jones Helsley PC 265 E. River‘Park Circle, Suite 3.10 Fresno, California 93720 I declare under penalty ofperjuly under the laws of t_he State of California the foregoing is true and correct and that this declaration was executed on March 18 2020,, at Oakland, California. Christine Soo Declarant Signature SAzox9mI443 912321 16.docx