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P. RANDOLPH FINCH JR., SBN 185004
EMAIL: pfinch@ftblaw.com Exempt From Filing Fees
1 ANDREA L. PETRAY, SBN 240085 Government Code section 6103
EMAIL: apetray@ftblaw.com
2 THOMAS E. DIAMOND, SBN 323333
EMAIL: tdiamond@ftblaw.com
3 FINCH, THORNTON & BAIRD, LLP
ATTORNEYS AT LAW
4 4747 EXECUTIVE DRIVE – SUITE 700
SAN DIEGO, CALIFORNIA 92121-3107
5 TELEPHONE: (858) 737-3100
FACSIMILE: (858) 737-3101
6
Attorneys for Defendant County of Kern
7
8
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF KERN
11 BAKERSFIELD COURTHOUSE
12 JEAN-PIERRE BIANE, doing business as CASE NO: BCV-22-103359 (TMF)
JP BIANE FARMS,
13 COUNTY OF KERN’S ANSWER TO THE
Plaintiff, PETITION FOR WRIT OF MANDATE AND
14 VERIFIED COMPLAINT OF JEAN-PIERRE
v. BIANE, DBA JP BIANE FARMS
15
COUNTY OF KERN; and Assigned to:
16 DOES 1 through 50, inclusive, Hon. Therese M. Foley, Dept. K
17 Defendants. Complaint Filed: December 13, 2022
Trial Date: Not Set
18
19 ANSWER
20 Pursuant to California Code of Civil Procedure sections 431.30, subdivision (d), and
21 446, subdivision (a), defendant County of Kern (“County”) answers the verified petition for
22 writ of mandate [Code Civ. Proc., § 1085] and complaint for, in like-numbered paragraphs, as
23 follows:
24 INTRODUCTION
25 1. County denies the allegations contained in Paragraph 1.
26 2. County lacks knowledge or information sufficient to form a belief as to the truth
27 of each and every allegation contained in Paragraph 2, and on that basis, denies them.
28 / / / / /
COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED
COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS
1 3. County lacks knowledge or information sufficient to form a belief as to the truth
2 of each and every allegation contained in Paragraph 3, and on that basis, denies them.
3 4. County admits Granite Construction Company submitted an application for a
4 conditional use permit and mining permit in Kern County. The content of the applications is
5 apparent from the face of each document which speaks for itself. As to the remaining
6 allegations contained in Paragraph 4, County lacks knowledge or information sufficient to
7 form a believe as to the truth of the allegations, and on that basis, denies them.
8 5. County lacks knowledge or information sufficient to form a belief as to the truth
9 of each and every allegation contained in Paragraph 5, and on that basis, denies them.
10 6. County denies the allegation contained in Paragraph 6.
11 7. County lacks knowledge or information sufficient to form a belief as to the truth
12 of each and every allegation contained in Paragraph 7, and on that basis, denies them.
13 8. County admits the allegations contained in Paragraph 8.
14 9. County lacks knowledge or information sufficient to form a belief as to the truth
15 of each and every allegation contained in Paragraph 9, and on that basis, denies them.
16 10. County lacks knowledge or information sufficient to form a belief as to the truth
17 of each and every allegation contained in Paragraph 10, and on that basis, denies them.
18 JURISDICTION AND VENUE
19 11. County admits the allegations contained in Paragraph 11.
20 12. County admits the allegations contained in Paragraph 12.
21 GENERAL ALLEGATIONS
22 13. County incorporates by reference as though fully set forth each and every
23 preceding paragraph of this Answer.
24 14. County denies Jean-Pierre Biane owns 1901 Rancho Road, Arvin, California
25 93203 as an individual. County lacks knowledge or information sufficient to form a belief as
26 to the truth of the remaining allegations contained in Paragraph 14, and on that basis, denies
27 them.
28
FINCH, THORNTON & 2
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED
(858) 737-3100
COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS
1 15. County lacks knowledge or information sufficient to form a belief as to the truth
2 of each and every allegation contained in Paragraph 15, and on that basis, denies them.
3 16. County admits a portion of the real property located at 1901 Rancho Road,
4 Arvin, California 93203 is adjacent to Rancho Road. County lacks knowledge or information
5 sufficient to form a believe as to the truth of the remaining allegations contained in Paragraph
6 16, and on that basis denies them.
7 17. County lacks knowledge or information sufficient to form a belief as to the truth
8 of each and every allegation contained in Paragraph 17, and on that basis, denies them.
9 18. County admits Granite submitted an application for a Conditional Use Permit
10 (“CUP”) and a California Surface Mining and Reclamation Act permit (“Mining Application”)
11 (collectively, the “Granite Application”) seeking approval of a sand and gravel mining project
12 in Kern County known as the Solari Sand and Gravel Project (“Project”). The Granite
13 Application is a written document which is the best evidence of its content. County lacks
14 knowledge or information sufficient to form a belief as to the truth as to the remaining
15 allegations contained in Paragraph 18, and on that basis, denies them.
16 19. The Granite Application is a written document which is the best evidence of its
17 content. County lacks knowledge or information sufficient to form a belief as to the truth as to
18 the remaining allegations contained in Paragraph 19, and on that basis, denies them.
19 20. County admits Granite submitted a Mining Application. The application is a
20 written document which is the best evidence of its content. County lacks knowledge or
21 information sufficient to form a belief as to the truth as to the remaining allegations contained
22 in Paragraph 20, and on that basis, denies them.
23 21. County lacks knowledge or information sufficient to form a belief as to the truth
24 of each and every allegation contained in Paragraph 21, and on that basis, denies them.
25 / / / / /
26 / / / / /
27 / / / / /
28
FINCH, THORNTON & 3
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED
(858) 737-3100
COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS
1 22. County admits Granite submitted a Mining Application. The application is a
2 written document which is the best evidence of its content. County lacks knowledge or
3 information sufficient to form a belief as to the truth as to the remaining allegations contained
4 in Paragraph 22, and on that basis, denies them.
5 23. County admits Granite submitted a Mining Application. The application is a
6 written document which is the best evidence of its content. County lacks knowledge or
7 information sufficient to form a belief as to the truth as to the remaining allegations contained
8 in Paragraph 23, and on that basis, denies them.
9 24. County lacks knowledge or information sufficient to form a belief as to the truth
10 of each and every allegation contained in Paragraph 24, and on that basis, denies them.
11 25. County lacks knowledge or information sufficient to form a belief as to the truth
12 of each and every allegation contained in Paragraph 25, and on that basis, denies them.
13 26. County lacks knowledge or information sufficient to form a belief as to the truth
14 of each and every allegation contained in Paragraph 26, and on that basis, denies them.
15 27. County lacks knowledge or information sufficient to form a belief as to the truth
16 of each and every allegation contained in Paragraph 27, and on that basis, denies them.
17 28. County lacks knowledge or information sufficient to form a belief as to the truth
18 of each and every allegation contained in Paragraph 28, and on that basis, denies them.
19 29. County lacks knowledge or information sufficient to form a belief as to the truth
20 of each and every allegation contained in Paragraph 29, and on that basis, denies them.
21 30. County lacks knowledge or information sufficient to form a belief as to the truth
22 of each and every allegation contained in Paragraph 30, and on that basis, denies them.
23 31. County lacks knowledge or information sufficient to form a belief as to the truth
24 of each and every allegation contained in Paragraph 31, and on that basis, denies them.
25 32. County admits it issued an RFP for a consultant to prepare an EIR for the
26 Project. County lacks knowledge or information sufficient to form a believe as to the truth of
27 the remaining allegations contained in Paragraph 32, and on that basis, denies them.
28
FINCH, THORNTON & 4
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED
(858) 737-3100
COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS
1 33. County lacks knowledge or information sufficient to form a belief as to the truth
2 of each and every allegation contained in Paragraph 33, and on that basis, denies them.
3 34. County lacks knowledge or information sufficient to form a belief as to the truth
4 of each and every allegation contained in Paragraph 34, and on that basis, denies them.
5 35. County lacks knowledge or information sufficient to form a belief as to the truth
6 of each and every allegation contained in Paragraph 35, and on that basis, denies them.
7 36. County admits a traffic study was prepared in connection with the EIR for the
8 Project (“Traffic Study”). County lacks knowledge or information sufficient to form a belief as
9 to the truth as to the remaining allegations contained in Paragraph 36, and on that basis, denies
10 them
11 37. The Traffic Study is a written document which is the best evidence of its
12 content. County lacks knowledge or information sufficient to form a belief as to the truth as to
13 the remaining allegations contained in Paragraph 37, and on that basis, denies them.
14 38. The Traffic Study is a written document which is the best evidence of its
15 content. County lacks knowledge or information sufficient to form a belief as to the truth as to
16 the remaining allegations contained in Paragraph 38, and on that basis, denies them.
17 39. The Traffic Study is a written document which is the best evidence of its
18 content. County lacks knowledge or information sufficient to form a belief as to the truth as to
19 the remaining allegations contained in Paragraph 39, and on that basis, denies them.
20 40. County lacks knowledge or information sufficient to form a belief as to the truth
21 of each and every allegation contained in Paragraph 40, and on that basis, denies them.
22 41. County lacks knowledge or information sufficient to form a belief as to the truth
23 of each and every allegation contained in Paragraph 41, and on that basis, denies them.
24 42. County lacks knowledge or information sufficient to form a belief as to the truth
25 of each and every allegation contained in Paragraph 42, and on that basis, denies them.
26 43. County admits on or about September 22, 2016, the Planning Commission held
27 a hearing on the Project and that County Staff provided a written Staff Report. The Staff
28
FINCH, THORNTON & 5
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED
(858) 737-3100
COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS
1 Report is a written document which is the best evidence of its content. County lacks
2 knowledge or information sufficient to form a belief as to the truth as to the remaining
3 allegations contained in Paragraph 43, and on that basis, denies them.
4 44. County lacks knowledge or information sufficient to form a belief as to the truth
5 of each and every allegation contained in Paragraph 44, and on that basis, denies them.
6 45. County admits the planning commission granted Granite’s Mining Application
7 for the Project. County lacks knowledge or information sufficient to form a belief as to the
8 truth of the remaining allegations contained in Paragraph 45, and on that basis, denies them.
9 46. County lacks knowledge or information sufficient to form a belief as to the truth
10 of each and every allegation contained in Paragraph 46, and on that basis, denies them.
11 47. County lacks knowledge or information sufficient to form a belief as to the truth
12 of each and every allegation contained in Paragraph 47, and on that basis, denies them.
13 48. County lacks knowledge or information sufficient to form a belief as to the truth
14 of each and every allegation contained in Paragraph 48, and on that basis, denies them.
15 49. County lacks knowledge or information sufficient to form a belief as to the truth
16 of each and every allegation contained in Paragraph 49, and on that basis, denies them.
17 50. County lacks knowledge or information sufficient to form a belief as to the truth
18 of each and every allegation contained in Paragraph 50, and on that basis, denies them.
19 51. County lacks knowledge or information sufficient to form a belief as to the truth
20 of each and every allegation contained in Paragraph 51, and on that basis, denies them.
21 52. County lacks knowledge or information sufficient to form a belief as to the truth
22 of each and every allegation contained in Paragraph 52, and on that basis, denies them.
23 53. County lacks knowledge or information sufficient to form a belief as to the truth
24 of each and every allegation contained in Paragraph 53, and on that basis, denies them.
25 54. County lacks knowledge or information sufficient to form a belief as to the truth
26 of each and every allegation contained in Paragraph 54, and on that basis, denies them.
27 / / / / /
28
FINCH, THORNTON & 6
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED
(858) 737-3100
COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS
1 55. County lacks knowledge or information sufficient to form a belief as to the truth
2 of each and every allegation contained in Paragraph 55, and on that basis, denies them.
3 56. County lacks knowledge or information sufficient to form a belief as to the truth
4 of each and every allegation contained in Paragraph 56, and on that basis, denies them.
5 57. County lacks knowledge or information sufficient to form a belief as to the truth
6 of each and every allegation contained in Paragraph 57, and on that basis, denies them.
7 58. County lacks knowledge or information sufficient to form a belief as to the truth
8 of each and every allegation contained in Paragraph 58, and on that basis, denies them.
9 59. County lacks knowledge or information sufficient to form a belief as to the truth
10 of each and every allegation contained in Paragraph 59, and on that basis, denies them.
11 60. County lacks knowledge or information sufficient to form a belief as to the truth
12 of each and every allegation contained in Paragraph 60, and on that basis, denies them.
13 61. County lacks knowledge or information sufficient to form a belief as to the truth
14 of each and every allegation contained in Paragraph 61, and on that basis, denies them.
15 62. County lacks knowledge or information sufficient to form a belief as to the truth
16 of each and every allegation contained in Paragraph 62, and on that basis, denies them.
17 63. County lacks knowledge or information sufficient to form a belief as to the truth
18 of each and every allegation contained in Paragraph 63, and on that basis, denies them.
19 64. County lacks knowledge or information sufficient to form a belief as to the truth
20 of each and every allegation contained in Paragraph 64, and on that basis, denies them.
21 65. County lacks knowledge or information sufficient to form a belief as to the truth
22 of each and every allegation contained in Paragraph 65, and on that basis, denies them.
23 66. County lacks knowledge or information sufficient to form a belief as to the truth
24 of each and every allegation contained in Paragraph 66, and on that basis, denies them.
25 67. County lacks knowledge or information sufficient to form a belief as to the truth
26 of each and every allegation contained in Paragraph 67, and on that basis, denies them.
27 / / / / /
28
FINCH, THORNTON & 7
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED
(858) 737-3100
COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS
1 68. County lacks knowledge or information sufficient to form a belief as to the truth
2 of each and every allegation contained in Paragraph 68, and on that basis, denies them.
3 69. County lacks knowledge or information sufficient to form a belief as to the truth
4 of each and every allegation contained in Paragraph 69, and on that basis, denies them.
5 70. County lacks knowledge or information sufficient to form a belief as to the truth
6 of each and every allegation contained in Paragraph 70, and on that basis, denies them.
7 71. County lacks knowledge or information sufficient to form a belief as to the truth
8 of each and every allegation contained in Paragraph 71, and on that basis, denies them.
9 72. County lacks knowledge or information sufficient to form a belief as to the truth
10 of each and every allegation contained in Paragraph 72, and on that basis, denies them.
11 73. County lacks knowledge or information sufficient to form a belief as to the truth
12 of each and every allegation contained in Paragraph 73, and on that basis, denies them.
13 74. County lacks knowledge or information sufficient to form a belief as to the truth
14 of each and every allegation contained in Paragraph 74, and on that basis, denies them.
15 75. County lacks knowledge or information sufficient to form a belief as to the truth
16 of each and every allegation contained in Paragraph 75, and on that basis, denies them.
17 76. County lacks knowledge or information sufficient to form a belief as to the truth
18 of each and every allegation contained in Paragraph 76, and on that basis, denies them.
19 77. County lacks knowledge or information sufficient to form a belief as to the truth
20 of each and every allegation contained in Paragraph 77, and on that basis, denies them.
21 78. County lacks knowledge or information sufficient to form a belief as to the truth
22 of each and every allegation contained in Paragraph 78, and on that basis, denies them.
23 79. The CUP and Mining Application are written documents which are the best
24 evidence of their content. County lacks knowledge or information sufficient to form a belief as
25 to the truth as to the remaining allegations contained in Paragraph 79, and on that basis, denies
26 them.
27 / / / / /
28
FINCH, THORNTON & 8
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED
(858) 737-3100
COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS
1 80. County lacks knowledge or information sufficient to form a belief as to the truth
2 of each and every allegation contained in Paragraph 80, and on that basis, denies them.
3 81. County lacks knowledge or information sufficient to form a belief as to the truth
4 of each and every allegation contained in Paragraph 81, and on that basis, denies them.
5 82. County lacks knowledge or information sufficient to form a belief as to the truth
6 of each and every allegation contained in Paragraph 82, and on that basis, denies them.
7 FIRST CAUSE OF ACTION
8 83. County incorporates by reference as though fully set forth each and every
9 preceding paragraph of this Answer.
10 84. County need not respond to the allegations in Paragraph 84 which are legal
11 conclusions and questions of law.
12 85. County denies the allegations.
13 86. County need not respond to the allegations in Paragraph 86 which are legal
14 arguments.
15 87. County lacks knowledge or information sufficient to form a belief as to the truth
16 of each and every allegation contained in Paragraph 87, and on that basis, denies them. County
17 need not respond to the allegations in Paragraph 87 which are legal arguments.
18 88. County lacks knowledge or information sufficient to form a belief as to the truth
19 of each and every allegation contained in Paragraph 88, and on that basis, denies them.
20 89. County lacks knowledge or information sufficient to form a belief as to the truth
21 of each and every allegation contained in Paragraph 89, and on that basis, denies them.
22 90. County need not respond to the allegations in Paragraph 90 which are legal
23 arguments.
24 91. County need not respond to the allegations in Paragraph 91 which are legal
25 arguments.
26 92. County lacks knowledge or information sufficient to form a belief as to the truth
27 of each and every allegation contained in Paragraph 92, and on that basis, denies them.
28
FINCH, THORNTON & 9
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED
(858) 737-3100
COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS
1 93. County denies the allegations contained in Paragraph 93.
2 94. County denies the allegations contained in Paragraph 94.
3 SECOND CAUSE OF ACTION
4 95. County incorporates by reference as though fully set forth each and every
5 preceding paragraph of this Answer.
6 96. County need not respond to the allegations in Paragraph 96 which are legal
7 conclusions and questions of law.
8 97. County denies the allegations.
9 98. County need not respond to the allegations in Paragraph 98 which are legal
10 arguments.
11 99. County need not respond to the allegations in Paragraph 99 which are legal
12 arguments. County lacks knowledge or information sufficient to form a belief as to the truth as
13 to the remaining allegations contained in Paragraph 99, and on that basis, denies them.
14 100. County need not respond to the allegations in Paragraph 100 which are legal
15 arguments.
16 101. County denies the allegations contained in Paragraph 101.
17 102. County lacks knowledge or information sufficient to form a belief as to the truth
18 of each and every allegation contained in Paragraph 102, and on that basis, denies them.
19 103. County need not respond to the allegations in Paragraph 103 which are legal
20 arguments.
21 104. County denies the allegations contained in Paragraph 104.
22 105. County denies the allegations contained in Paragraph 105.
23 106. County denies the allegations contained in Paragraph1 106.
24 THIRD CAUSE OF ACTION
25 107. County incorporates by reference as though fully set forth each and every
26 preceding paragraph of this Answer.
27 / / / / /
28
FINCH, THORNTON & 10
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED
(858) 737-3100
COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS
1 108. County lacks knowledge or information sufficient to form a belief as to the truth
2 of each and every allegation contained in Paragraph 108, and on that basis, denies them.
3 109. County need not respond to the allegations in Paragraph 109 which are legal
4 arguments.
5 110. County admits the allegations contained in Paragraph 110.
6 111. County lacks knowledge or information sufficient to form a belief as to the truth
7 of each and every allegation contained in Paragraph 111, and on that basis, denies them.
8 112. County need not respond to the allegations in Paragraph 112 which are legal
9 arguments.
10 PRAYER
11 1. Except as otherwise admitted or denied, County, based on information and
12 belief, denies each and every allegation contained in paragraphs 1 through 112 and the prayer
13 for relief.
14 AFFIRMATIVE DEFENSES
15 1. As a first affirmative defense, the complaint and each and every cause of action
16 fails to state facts sufficient to constate a cause of action against County.
17 2. As a second affirmative defense, plaintiff’s claims are barred by plaintiff’s
18 unclean hands.
19 3. As a third affirmative defense, there is no public nuisance for the County to
20 abate.
21 4. As a fourth affirmative defense, plaintiff is not entitled to attorney fees pursuant
22 to Code of Civil Procedure section 1021.5.
23 5. As a fifth affirmative defense, plaintiff does not have standing because he is not
24 the owner of the real property located at 1901 Rancho Road, Arvin, California. The real
25 property is owned by the J.P. Biane Living Trust Dated November 24, 2021.
26 6. As a sixth affirmative defense, the County cannot limit access to its roads or
27 compel citizen drivers to use other routes.
28
FINCH, THORNTON & 11
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED
(858) 737-3100
COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS
1 7. As a seventh affirmative defense, County cannot compel Granite to perform acts
2 not agreed to in the CUP and Mining Permit.
3 8. As an eighth affirmative defense, County properly issued the CUP and Mining
4 Permit as authorized by the Kern County Code of Ordinances.
5 9. As a ninth affirmative defense, the petition and complaint fail to join necessary
6 or indispensable parties.
7 10. As a tenth affirmative defense, the petition and complaint and each and every
8 cause of actions is barred by the doctrine of latches.
9 11. As an eleventh affirmative defense, the petition and complaint and every cause
10 of action are barred due to a failure to exhaust administrative remedies.
11 12. As a twelfth affirmative defense, the petition and complaint are moot or non-
12 justiciable.
13 13. As a thirteenth affirmative defense, the County is acting in conformance with
14 the CUP, Mining Permit, and Kern County Code of Ordinances.
15 14. As a fourteenth affirmative defense, Granite’s conduct is not in violation of the
16 CUP, Mining Permit or County Code of Ordinances.
17 15. As a fifteenth affirmative defense, the action requested of the County in the
18 Complaint is discretionary, not mandatory, and County conduct was appropriate.
19 16. As a sixteenth affirmative defense, County has insufficient knowledge or
20 information upon which to form a belief as to whether it has additional affirmative defenses
21 available. Therefore, County reserves the right to assert additional affirmative defenses in the
22 event discovery indicates they are applicable.
23 / / / / /
24 / / / / /
25 / / / / /
26 / / / / /
27 / / / / /
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FINCH, THORNTON & 12
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED
(858) 737-3100
COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS
1 PRAYER FOR RELIEF
2 Having fully answered the Petition and Complaint, County prays judgment as follows:
3 (1) The petition for writ of mandate be denied;
4 (2) The petition and complaint be dismissed with prejudice, or judgment be entered
5 in its favor;
6 (3) For costs of suit including attorneys’ fees if allowed by law; and
7 (4) For such other and further relief as the Court deems just.
8 DATE: March 17, 2023 Respectfully submitted,
9 FINCH, THORNTON & BAIRD, LLP
10
11 By:__________________________________
P. RANDOLPH FINCH JR.
12 ANDREA L. PETRAY
THOMAS E. DIAMOND
13 Attorneys for Defendant County of Kern
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FINCH, THORNTON & 13
BAIRD, LLP
4747 Executive
Drive - Suite 700
San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED
(858) 737-3100
COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS
Preview
P. RANDOLPH FINCH JR., SBN 185004 EMAIL: pfinch@ftblaw.com Exempt From Filing Fees 1 ANDREA L. PETRAY, SBN 240085 Government Code section 6103 EMAIL: apetray@ftblaw.com 2 THOMAS E. DIAMOND, SBN 323333 EMAIL: tdiamond@ftblaw.com 3 FINCH, THORNTON & BAIRD, LLP ATTORNEYS AT LAW 4 4747 EXECUTIVE DRIVE – SUITE 700 SAN DIEGO, CALIFORNIA 92121-3107 5 TELEPHONE: (858) 737-3100 FACSIMILE: (858) 737-3101 6 Attorneys for Defendant County of Kern 7 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF KERN 11 BAKERSFIELD COURTHOUSE 12 JEAN-PIERRE BIANE, doing business as CASE NO: BCV-22-103359 (TMF) JP BIANE FARMS, 13 COUNTY OF KERN’S ANSWER TO THE Plaintiff, PETITION FOR WRIT OF MANDATE AND 14 VERIFIED COMPLAINT OF JEAN-PIERRE v. BIANE, DBA JP BIANE FARMS 15 COUNTY OF KERN; and Assigned to: 16 DOES 1 through 50, inclusive, Hon. Therese M. Foley, Dept. K 17 Defendants. Complaint Filed: December 13, 2022 Trial Date: Not Set 18 19 ANSWER 20 Pursuant to California Code of Civil Procedure sections 431.30, subdivision (d), and 21 446, subdivision (a), defendant County of Kern (“County”) answers the verified petition for 22 writ of mandate [Code Civ. Proc., § 1085] and complaint for, in like-numbered paragraphs, as 23 follows: 24 INTRODUCTION 25 1. County denies the allegations contained in Paragraph 1. 26 2. County lacks knowledge or information sufficient to form a belief as to the truth 27 of each and every allegation contained in Paragraph 2, and on that basis, denies them. 28 / / / / / COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS 1 3. County lacks knowledge or information sufficient to form a belief as to the truth 2 of each and every allegation contained in Paragraph 3, and on that basis, denies them. 3 4. County admits Granite Construction Company submitted an application for a 4 conditional use permit and mining permit in Kern County. The content of the applications is 5 apparent from the face of each document which speaks for itself. As to the remaining 6 allegations contained in Paragraph 4, County lacks knowledge or information sufficient to 7 form a believe as to the truth of the allegations, and on that basis, denies them. 8 5. County lacks knowledge or information sufficient to form a belief as to the truth 9 of each and every allegation contained in Paragraph 5, and on that basis, denies them. 10 6. County denies the allegation contained in Paragraph 6. 11 7. County lacks knowledge or information sufficient to form a belief as to the truth 12 of each and every allegation contained in Paragraph 7, and on that basis, denies them. 13 8. County admits the allegations contained in Paragraph 8. 14 9. County lacks knowledge or information sufficient to form a belief as to the truth 15 of each and every allegation contained in Paragraph 9, and on that basis, denies them. 16 10. County lacks knowledge or information sufficient to form a belief as to the truth 17 of each and every allegation contained in Paragraph 10, and on that basis, denies them. 18 JURISDICTION AND VENUE 19 11. County admits the allegations contained in Paragraph 11. 20 12. County admits the allegations contained in Paragraph 12. 21 GENERAL ALLEGATIONS 22 13. County incorporates by reference as though fully set forth each and every 23 preceding paragraph of this Answer. 24 14. County denies Jean-Pierre Biane owns 1901 Rancho Road, Arvin, California 25 93203 as an individual. County lacks knowledge or information sufficient to form a belief as 26 to the truth of the remaining allegations contained in Paragraph 14, and on that basis, denies 27 them. 28 FINCH, THORNTON & 2 BAIRD, LLP 4747 Executive Drive - Suite 700 San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED (858) 737-3100 COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS 1 15. County lacks knowledge or information sufficient to form a belief as to the truth 2 of each and every allegation contained in Paragraph 15, and on that basis, denies them. 3 16. County admits a portion of the real property located at 1901 Rancho Road, 4 Arvin, California 93203 is adjacent to Rancho Road. County lacks knowledge or information 5 sufficient to form a believe as to the truth of the remaining allegations contained in Paragraph 6 16, and on that basis denies them. 7 17. County lacks knowledge or information sufficient to form a belief as to the truth 8 of each and every allegation contained in Paragraph 17, and on that basis, denies them. 9 18. County admits Granite submitted an application for a Conditional Use Permit 10 (“CUP”) and a California Surface Mining and Reclamation Act permit (“Mining Application”) 11 (collectively, the “Granite Application”) seeking approval of a sand and gravel mining project 12 in Kern County known as the Solari Sand and Gravel Project (“Project”). The Granite 13 Application is a written document which is the best evidence of its content. County lacks 14 knowledge or information sufficient to form a belief as to the truth as to the remaining 15 allegations contained in Paragraph 18, and on that basis, denies them. 16 19. The Granite Application is a written document which is the best evidence of its 17 content. County lacks knowledge or information sufficient to form a belief as to the truth as to 18 the remaining allegations contained in Paragraph 19, and on that basis, denies them. 19 20. County admits Granite submitted a Mining Application. The application is a 20 written document which is the best evidence of its content. County lacks knowledge or 21 information sufficient to form a belief as to the truth as to the remaining allegations contained 22 in Paragraph 20, and on that basis, denies them. 23 21. County lacks knowledge or information sufficient to form a belief as to the truth 24 of each and every allegation contained in Paragraph 21, and on that basis, denies them. 25 / / / / / 26 / / / / / 27 / / / / / 28 FINCH, THORNTON & 3 BAIRD, LLP 4747 Executive Drive - Suite 700 San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED (858) 737-3100 COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS 1 22. County admits Granite submitted a Mining Application. The application is a 2 written document which is the best evidence of its content. County lacks knowledge or 3 information sufficient to form a belief as to the truth as to the remaining allegations contained 4 in Paragraph 22, and on that basis, denies them. 5 23. County admits Granite submitted a Mining Application. The application is a 6 written document which is the best evidence of its content. County lacks knowledge or 7 information sufficient to form a belief as to the truth as to the remaining allegations contained 8 in Paragraph 23, and on that basis, denies them. 9 24. County lacks knowledge or information sufficient to form a belief as to the truth 10 of each and every allegation contained in Paragraph 24, and on that basis, denies them. 11 25. County lacks knowledge or information sufficient to form a belief as to the truth 12 of each and every allegation contained in Paragraph 25, and on that basis, denies them. 13 26. County lacks knowledge or information sufficient to form a belief as to the truth 14 of each and every allegation contained in Paragraph 26, and on that basis, denies them. 15 27. County lacks knowledge or information sufficient to form a belief as to the truth 16 of each and every allegation contained in Paragraph 27, and on that basis, denies them. 17 28. County lacks knowledge or information sufficient to form a belief as to the truth 18 of each and every allegation contained in Paragraph 28, and on that basis, denies them. 19 29. County lacks knowledge or information sufficient to form a belief as to the truth 20 of each and every allegation contained in Paragraph 29, and on that basis, denies them. 21 30. County lacks knowledge or information sufficient to form a belief as to the truth 22 of each and every allegation contained in Paragraph 30, and on that basis, denies them. 23 31. County lacks knowledge or information sufficient to form a belief as to the truth 24 of each and every allegation contained in Paragraph 31, and on that basis, denies them. 25 32. County admits it issued an RFP for a consultant to prepare an EIR for the 26 Project. County lacks knowledge or information sufficient to form a believe as to the truth of 27 the remaining allegations contained in Paragraph 32, and on that basis, denies them. 28 FINCH, THORNTON & 4 BAIRD, LLP 4747 Executive Drive - Suite 700 San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED (858) 737-3100 COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS 1 33. County lacks knowledge or information sufficient to form a belief as to the truth 2 of each and every allegation contained in Paragraph 33, and on that basis, denies them. 3 34. County lacks knowledge or information sufficient to form a belief as to the truth 4 of each and every allegation contained in Paragraph 34, and on that basis, denies them. 5 35. County lacks knowledge or information sufficient to form a belief as to the truth 6 of each and every allegation contained in Paragraph 35, and on that basis, denies them. 7 36. County admits a traffic study was prepared in connection with the EIR for the 8 Project (“Traffic Study”). County lacks knowledge or information sufficient to form a belief as 9 to the truth as to the remaining allegations contained in Paragraph 36, and on that basis, denies 10 them 11 37. The Traffic Study is a written document which is the best evidence of its 12 content. County lacks knowledge or information sufficient to form a belief as to the truth as to 13 the remaining allegations contained in Paragraph 37, and on that basis, denies them. 14 38. The Traffic Study is a written document which is the best evidence of its 15 content. County lacks knowledge or information sufficient to form a belief as to the truth as to 16 the remaining allegations contained in Paragraph 38, and on that basis, denies them. 17 39. The Traffic Study is a written document which is the best evidence of its 18 content. County lacks knowledge or information sufficient to form a belief as to the truth as to 19 the remaining allegations contained in Paragraph 39, and on that basis, denies them. 20 40. County lacks knowledge or information sufficient to form a belief as to the truth 21 of each and every allegation contained in Paragraph 40, and on that basis, denies them. 22 41. County lacks knowledge or information sufficient to form a belief as to the truth 23 of each and every allegation contained in Paragraph 41, and on that basis, denies them. 24 42. County lacks knowledge or information sufficient to form a belief as to the truth 25 of each and every allegation contained in Paragraph 42, and on that basis, denies them. 26 43. County admits on or about September 22, 2016, the Planning Commission held 27 a hearing on the Project and that County Staff provided a written Staff Report. The Staff 28 FINCH, THORNTON & 5 BAIRD, LLP 4747 Executive Drive - Suite 700 San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED (858) 737-3100 COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS 1 Report is a written document which is the best evidence of its content. County lacks 2 knowledge or information sufficient to form a belief as to the truth as to the remaining 3 allegations contained in Paragraph 43, and on that basis, denies them. 4 44. County lacks knowledge or information sufficient to form a belief as to the truth 5 of each and every allegation contained in Paragraph 44, and on that basis, denies them. 6 45. County admits the planning commission granted Granite’s Mining Application 7 for the Project. County lacks knowledge or information sufficient to form a belief as to the 8 truth of the remaining allegations contained in Paragraph 45, and on that basis, denies them. 9 46. County lacks knowledge or information sufficient to form a belief as to the truth 10 of each and every allegation contained in Paragraph 46, and on that basis, denies them. 11 47. County lacks knowledge or information sufficient to form a belief as to the truth 12 of each and every allegation contained in Paragraph 47, and on that basis, denies them. 13 48. County lacks knowledge or information sufficient to form a belief as to the truth 14 of each and every allegation contained in Paragraph 48, and on that basis, denies them. 15 49. County lacks knowledge or information sufficient to form a belief as to the truth 16 of each and every allegation contained in Paragraph 49, and on that basis, denies them. 17 50. County lacks knowledge or information sufficient to form a belief as to the truth 18 of each and every allegation contained in Paragraph 50, and on that basis, denies them. 19 51. County lacks knowledge or information sufficient to form a belief as to the truth 20 of each and every allegation contained in Paragraph 51, and on that basis, denies them. 21 52. County lacks knowledge or information sufficient to form a belief as to the truth 22 of each and every allegation contained in Paragraph 52, and on that basis, denies them. 23 53. County lacks knowledge or information sufficient to form a belief as to the truth 24 of each and every allegation contained in Paragraph 53, and on that basis, denies them. 25 54. County lacks knowledge or information sufficient to form a belief as to the truth 26 of each and every allegation contained in Paragraph 54, and on that basis, denies them. 27 / / / / / 28 FINCH, THORNTON & 6 BAIRD, LLP 4747 Executive Drive - Suite 700 San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED (858) 737-3100 COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS 1 55. County lacks knowledge or information sufficient to form a belief as to the truth 2 of each and every allegation contained in Paragraph 55, and on that basis, denies them. 3 56. County lacks knowledge or information sufficient to form a belief as to the truth 4 of each and every allegation contained in Paragraph 56, and on that basis, denies them. 5 57. County lacks knowledge or information sufficient to form a belief as to the truth 6 of each and every allegation contained in Paragraph 57, and on that basis, denies them. 7 58. County lacks knowledge or information sufficient to form a belief as to the truth 8 of each and every allegation contained in Paragraph 58, and on that basis, denies them. 9 59. County lacks knowledge or information sufficient to form a belief as to the truth 10 of each and every allegation contained in Paragraph 59, and on that basis, denies them. 11 60. County lacks knowledge or information sufficient to form a belief as to the truth 12 of each and every allegation contained in Paragraph 60, and on that basis, denies them. 13 61. County lacks knowledge or information sufficient to form a belief as to the truth 14 of each and every allegation contained in Paragraph 61, and on that basis, denies them. 15 62. County lacks knowledge or information sufficient to form a belief as to the truth 16 of each and every allegation contained in Paragraph 62, and on that basis, denies them. 17 63. County lacks knowledge or information sufficient to form a belief as to the truth 18 of each and every allegation contained in Paragraph 63, and on that basis, denies them. 19 64. County lacks knowledge or information sufficient to form a belief as to the truth 20 of each and every allegation contained in Paragraph 64, and on that basis, denies them. 21 65. County lacks knowledge or information sufficient to form a belief as to the truth 22 of each and every allegation contained in Paragraph 65, and on that basis, denies them. 23 66. County lacks knowledge or information sufficient to form a belief as to the truth 24 of each and every allegation contained in Paragraph 66, and on that basis, denies them. 25 67. County lacks knowledge or information sufficient to form a belief as to the truth 26 of each and every allegation contained in Paragraph 67, and on that basis, denies them. 27 / / / / / 28 FINCH, THORNTON & 7 BAIRD, LLP 4747 Executive Drive - Suite 700 San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED (858) 737-3100 COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS 1 68. County lacks knowledge or information sufficient to form a belief as to the truth 2 of each and every allegation contained in Paragraph 68, and on that basis, denies them. 3 69. County lacks knowledge or information sufficient to form a belief as to the truth 4 of each and every allegation contained in Paragraph 69, and on that basis, denies them. 5 70. County lacks knowledge or information sufficient to form a belief as to the truth 6 of each and every allegation contained in Paragraph 70, and on that basis, denies them. 7 71. County lacks knowledge or information sufficient to form a belief as to the truth 8 of each and every allegation contained in Paragraph 71, and on that basis, denies them. 9 72. County lacks knowledge or information sufficient to form a belief as to the truth 10 of each and every allegation contained in Paragraph 72, and on that basis, denies them. 11 73. County lacks knowledge or information sufficient to form a belief as to the truth 12 of each and every allegation contained in Paragraph 73, and on that basis, denies them. 13 74. County lacks knowledge or information sufficient to form a belief as to the truth 14 of each and every allegation contained in Paragraph 74, and on that basis, denies them. 15 75. County lacks knowledge or information sufficient to form a belief as to the truth 16 of each and every allegation contained in Paragraph 75, and on that basis, denies them. 17 76. County lacks knowledge or information sufficient to form a belief as to the truth 18 of each and every allegation contained in Paragraph 76, and on that basis, denies them. 19 77. County lacks knowledge or information sufficient to form a belief as to the truth 20 of each and every allegation contained in Paragraph 77, and on that basis, denies them. 21 78. County lacks knowledge or information sufficient to form a belief as to the truth 22 of each and every allegation contained in Paragraph 78, and on that basis, denies them. 23 79. The CUP and Mining Application are written documents which are the best 24 evidence of their content. County lacks knowledge or information sufficient to form a belief as 25 to the truth as to the remaining allegations contained in Paragraph 79, and on that basis, denies 26 them. 27 / / / / / 28 FINCH, THORNTON & 8 BAIRD, LLP 4747 Executive Drive - Suite 700 San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED (858) 737-3100 COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS 1 80. County lacks knowledge or information sufficient to form a belief as to the truth 2 of each and every allegation contained in Paragraph 80, and on that basis, denies them. 3 81. County lacks knowledge or information sufficient to form a belief as to the truth 4 of each and every allegation contained in Paragraph 81, and on that basis, denies them. 5 82. County lacks knowledge or information sufficient to form a belief as to the truth 6 of each and every allegation contained in Paragraph 82, and on that basis, denies them. 7 FIRST CAUSE OF ACTION 8 83. County incorporates by reference as though fully set forth each and every 9 preceding paragraph of this Answer. 10 84. County need not respond to the allegations in Paragraph 84 which are legal 11 conclusions and questions of law. 12 85. County denies the allegations. 13 86. County need not respond to the allegations in Paragraph 86 which are legal 14 arguments. 15 87. County lacks knowledge or information sufficient to form a belief as to the truth 16 of each and every allegation contained in Paragraph 87, and on that basis, denies them. County 17 need not respond to the allegations in Paragraph 87 which are legal arguments. 18 88. County lacks knowledge or information sufficient to form a belief as to the truth 19 of each and every allegation contained in Paragraph 88, and on that basis, denies them. 20 89. County lacks knowledge or information sufficient to form a belief as to the truth 21 of each and every allegation contained in Paragraph 89, and on that basis, denies them. 22 90. County need not respond to the allegations in Paragraph 90 which are legal 23 arguments. 24 91. County need not respond to the allegations in Paragraph 91 which are legal 25 arguments. 26 92. County lacks knowledge or information sufficient to form a belief as to the truth 27 of each and every allegation contained in Paragraph 92, and on that basis, denies them. 28 FINCH, THORNTON & 9 BAIRD, LLP 4747 Executive Drive - Suite 700 San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED (858) 737-3100 COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS 1 93. County denies the allegations contained in Paragraph 93. 2 94. County denies the allegations contained in Paragraph 94. 3 SECOND CAUSE OF ACTION 4 95. County incorporates by reference as though fully set forth each and every 5 preceding paragraph of this Answer. 6 96. County need not respond to the allegations in Paragraph 96 which are legal 7 conclusions and questions of law. 8 97. County denies the allegations. 9 98. County need not respond to the allegations in Paragraph 98 which are legal 10 arguments. 11 99. County need not respond to the allegations in Paragraph 99 which are legal 12 arguments. County lacks knowledge or information sufficient to form a belief as to the truth as 13 to the remaining allegations contained in Paragraph 99, and on that basis, denies them. 14 100. County need not respond to the allegations in Paragraph 100 which are legal 15 arguments. 16 101. County denies the allegations contained in Paragraph 101. 17 102. County lacks knowledge or information sufficient to form a belief as to the truth 18 of each and every allegation contained in Paragraph 102, and on that basis, denies them. 19 103. County need not respond to the allegations in Paragraph 103 which are legal 20 arguments. 21 104. County denies the allegations contained in Paragraph 104. 22 105. County denies the allegations contained in Paragraph 105. 23 106. County denies the allegations contained in Paragraph1 106. 24 THIRD CAUSE OF ACTION 25 107. County incorporates by reference as though fully set forth each and every 26 preceding paragraph of this Answer. 27 / / / / / 28 FINCH, THORNTON & 10 BAIRD, LLP 4747 Executive Drive - Suite 700 San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED (858) 737-3100 COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS 1 108. County lacks knowledge or information sufficient to form a belief as to the truth 2 of each and every allegation contained in Paragraph 108, and on that basis, denies them. 3 109. County need not respond to the allegations in Paragraph 109 which are legal 4 arguments. 5 110. County admits the allegations contained in Paragraph 110. 6 111. County lacks knowledge or information sufficient to form a belief as to the truth 7 of each and every allegation contained in Paragraph 111, and on that basis, denies them. 8 112. County need not respond to the allegations in Paragraph 112 which are legal 9 arguments. 10 PRAYER 11 1. Except as otherwise admitted or denied, County, based on information and 12 belief, denies each and every allegation contained in paragraphs 1 through 112 and the prayer 13 for relief. 14 AFFIRMATIVE DEFENSES 15 1. As a first affirmative defense, the complaint and each and every cause of action 16 fails to state facts sufficient to constate a cause of action against County. 17 2. As a second affirmative defense, plaintiff’s claims are barred by plaintiff’s 18 unclean hands. 19 3. As a third affirmative defense, there is no public nuisance for the County to 20 abate. 21 4. As a fourth affirmative defense, plaintiff is not entitled to attorney fees pursuant 22 to Code of Civil Procedure section 1021.5. 23 5. As a fifth affirmative defense, plaintiff does not have standing because he is not 24 the owner of the real property located at 1901 Rancho Road, Arvin, California. The real 25 property is owned by the J.P. Biane Living Trust Dated November 24, 2021. 26 6. As a sixth affirmative defense, the County cannot limit access to its roads or 27 compel citizen drivers to use other routes. 28 FINCH, THORNTON & 11 BAIRD, LLP 4747 Executive Drive - Suite 700 San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED (858) 737-3100 COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS 1 7. As a seventh affirmative defense, County cannot compel Granite to perform acts 2 not agreed to in the CUP and Mining Permit. 3 8. As an eighth affirmative defense, County properly issued the CUP and Mining 4 Permit as authorized by the Kern County Code of Ordinances. 5 9. As a ninth affirmative defense, the petition and complaint fail to join necessary 6 or indispensable parties. 7 10. As a tenth affirmative defense, the petition and complaint and each and every 8 cause of actions is barred by the doctrine of latches. 9 11. As an eleventh affirmative defense, the petition and complaint and every cause 10 of action are barred due to a failure to exhaust administrative remedies. 11 12. As a twelfth affirmative defense, the petition and complaint are moot or non- 12 justiciable. 13 13. As a thirteenth affirmative defense, the County is acting in conformance with 14 the CUP, Mining Permit, and Kern County Code of Ordinances. 15 14. As a fourteenth affirmative defense, Granite’s conduct is not in violation of the 16 CUP, Mining Permit or County Code of Ordinances. 17 15. As a fifteenth affirmative defense, the action requested of the County in the 18 Complaint is discretionary, not mandatory, and County conduct was appropriate. 19 16. As a sixteenth affirmative defense, County has insufficient knowledge or 20 information upon which to form a belief as to whether it has additional affirmative defenses 21 available. Therefore, County reserves the right to assert additional affirmative defenses in the 22 event discovery indicates they are applicable. 23 / / / / / 24 / / / / / 25 / / / / / 26 / / / / / 27 / / / / / 28 FINCH, THORNTON & 12 BAIRD, LLP 4747 Executive Drive - Suite 700 San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED (858) 737-3100 COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS 1 PRAYER FOR RELIEF 2 Having fully answered the Petition and Complaint, County prays judgment as follows: 3 (1) The petition for writ of mandate be denied; 4 (2) The petition and complaint be dismissed with prejudice, or judgment be entered 5 in its favor; 6 (3) For costs of suit including attorneys’ fees if allowed by law; and 7 (4) For such other and further relief as the Court deems just. 8 DATE: March 17, 2023 Respectfully submitted, 9 FINCH, THORNTON & BAIRD, LLP 10 11 By:__________________________________ P. RANDOLPH FINCH JR. 12 ANDREA L. PETRAY THOMAS E. DIAMOND 13 Attorneys for Defendant County of Kern 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2206.055/3P24350.nlh 28 FINCH, THORNTON & 13 BAIRD, LLP 4747 Executive Drive - Suite 700 San Diego, CA 92121 COUNTY OF KERN’S ANSWER TO THE PETITION FOR WRIT OF MANDATE AND VERIFIED (858) 737-3100 COMPLAINT OF JEAN-PIERRE BIANE, DBA JP BIANE FARMS