On January 25, 2019 a
Motion,Ex Parte
was filed
involving a dispute between
California Fire Protection Coalition,
Del Toro Trejo, Juan Carlos,
Filed By: Fire Guard Corporation,
Fire Guard Corporation,
Shahangian, Bahman Brian,
and
California Department Of Forestry And Fire Protection,
California Office Of The State Fire Marshal,
Dennis Mathisen In His Official Capacity As State Fire Marshal,
Does 1-10,
Jeffery Schwartz In His Official Capacity As Deputy State Fire Marshall,
Mike Richwine In His Official Capacity As State Fire Marshal,
for (Civil Rights/Discrimination)
in the District Court of Sacramento County.
Preview
1 ROB BONTA
Attomey General of Califomia
2 RUSSELL B. HILDRETH
Supervising Deputy Attomey General FILEO/ENDORSED
3 ANDREA M . KENDRICK State Bar No. 225688
COURTNEY S. COVINGTON, State Bar No. 259723
4 Deputy Attomeys General SEP 2 8 2022
1300 I Street, Suite 125
5 P.O. Box 944255 By:. E. Macdnnairi
Deputy Clerk
Sacramento, CA 94244-2550
6 Telephone: (916)210-7821
Fax: (916)327-2319
7 E-mail: Aiidrea.Kendrick@doj.ca.gov
8 Attorneys for Defendants Exempt from Filing Fees
Pursuant to Gov. Code §6103
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SACRAMENTO
11
12
13 FIRE GUARD CORPORATION;
BAHMAN BRIAN SHAHANGIAN, an Case No. 34-2019-00249221-CU-CR-GDS
14 individual; and CALIFORNIA FIRE
PROTECTION COALITION, a California DEFENDANTS' NOTICE OF MOTION
15 Corporation; and JUAN CARLOS DEL AND MOTION (A) TO COMPEL
TORO TREJO, an individual. PLAINTIFFS FIRE GUARD
16 CORPORATION, BAHMAN BRIAN
Plaintiffs, SHAHANGIAN, AND JUAN CARLOS DEL
17 TORO TREJO TO PROVIDE RESPONSES
v. TO (1) SPECIAL INTERROGATORIES
18 (SET ONE), (2) FORM
INTERROGATORIES (SET ONE), AND (3)
19 CALIFORNIA DEPARTMENT OF REQUESTS FOR PRODUCTION OF
FORESTRY AND FIRE PROTECTION; DOCUMENTS (SET ONE); AND (B) FOR
20 CALIFORNIA OFFICE OF THE STATE AN ORDER DEEMING ADMITTED THE
FIRE MARSHAL; MIKE RICHWINE, in REQUESTS FOR ADMISSION (SET ONE)
21 his official capacity as State Fire Marshal;
JEFFERY SCHWARTZ, in his official Date: October 27, 2022
22 capacity as Deputy State Fire Marshal; and Time: 1:30 p.m.
DOES 1 through 10, inclusive. Dept.: 53
23 Trial Date: December 18, 2023
Defendants. Action Filed: January 25, 2019
24
25 Reservation No.: 2663593
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27
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1
Defendants' Notice of Motion and Motion to Compel (34-2019-00249221)
1 TO PLAINTIFFS FIRE GUARD CORPORATION, BAHMAN BRIAN SHAHANGIAN,
2 AND JUAN CARLOS DEL TORO TREJO AND THEIR ATTORNEYS OF RECORD:
3 PLEASE TAKE NOTICE that on October 27, 2022, at 1:30 p.m. in Department 53 ofthe
4 above-captioned court, located at 813 6"^ Street, Sacramento, Califomia 95814, defendants
5 Califomia Department of Forestry and Fire Protection, Califomia Office of the State Fire
6 Marshal, Mike Richwine, and Jeffrey Schwartz, will and hereby do move to compel plaintiffs Fire
7 Guard Corporation, Bahman Brian Shahangian, and Juan Carlos Del Toro Trejo (collectively,
8 Fire Guard and the Individual Plaintiffs) to respond to the Office of the State Fire Marshal's
9 (OSFM) interrogatories and document requests and move to have the OSFM's request for
10 admission deemed admitted and respectfiilly request that the Court order that Fire Guard and the
11 Individual Plaintiffs have waived any and all objections to the OSFM's discovery requests.
12 This motion is made on the following grounds:
13 (1) Fire Guard and the Individual Plaintiffs should be compelled, pursuant to Code of
14 Civil Procedure section 2030.290, subdivisions (a) and (b) and section 2031.300, subdivisions (a)
15 and (b), to respond to the OSFM's Special Interrogatories (Set One), Form Interrogatories (Set
16 One), and Request for Production of Documents (Set One), and the Court should order that all
17 objections to these discovery requests are waived because the OSFM served the discovery
18 requests on Fire Guard and the Individual Plaintiffs and they did not object to or respond to the
19 requests or seek another extension of time to respond, on or before the statutory deadline to
20 respond, plus an agreed upon extension.
21 (2) The OSFM's Requests for Admission (Set One) served on Fire Guard and the
22 Individual Plaintiffs should be deemed admitted, pursuant to Code of Civil Procedure section
23 2033.280, subdivisions (a) and (b), and any objections waived because the OSFM served the
24 request for admission on Fire Guard and the Individual Plaintiffs and they did not object to or
25 respond to the request or seek another extension of time to respond, on or before the statutory
26 deadline to respond, plus an agreed upon extension.
27 (3) As of the date of the filing of this motion, Fire Guard and the Individual Plaintiffs
28 have not responded to the OSFM's discovery requests.
2
Defendants' Notice of Motion and Motion to Compel (34-2019-00249221)
1 This motion is based on this notice of motion and motion, the memorandum of points and
2 authorities in support of the motion, the declaration of Andrea M. Kendrick, all exhibits
3 referenced in the declaration of Andrea M. Kendrick, the pleadings and papers on file in this
4 action, and on any fiirther evidence or matters that may properly come before the Court.
5 PLEASE TAKE FURTHER NOTICE OF THE FOLLOWING: Pursuant to Local Rule
6 1.06 (A), the court will make a tentative mling on the merits of this matter by 2:00 p.m., the court
7 day before the hearing. The complete text of the tentative mlings for the department may be
8 downloaded off the court's website. If the party does not have online access, they may call the
9 dedicated phone number for the department as referenced in the local telephone directory between
10 the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative
11 mling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the
12 hearing, no hearing will be held.
13 Dated: September 28, 2022 Respectfiilly submitted,
14 ROB BONTA
Attomey General of Califomia
15 RUSSELL B . HILDRETH
Supervising Deputy Attomey General
16
17
18
ANDREA M. KENDRICK
19 Deputy Attomey General
Attorneys for Defendants
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21 SA2019300028
36466295.docx
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Defendants' Notice of Motion and Motion to Compel (34-2019-00249221)
Preview
1 ROB BONTA Attomey General of Califomia 2 RUSSELL B. HILDRETH Supervising Deputy Attomey General FILEO/ENDORSED 3 ANDREA M . KENDRICK State Bar No. 225688 COURTNEY S. COVINGTON, State Bar No. 259723 4 Deputy Attomeys General SEP 2 8 2022 1300 I Street, Suite 125 5 P.O. Box 944255 By:. E. Macdnnairi Deputy Clerk Sacramento, CA 94244-2550 6 Telephone: (916)210-7821 Fax: (916)327-2319 7 E-mail: Aiidrea.Kendrick@doj.ca.gov 8 Attorneys for Defendants Exempt from Filing Fees Pursuant to Gov. Code §6103 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 13 FIRE GUARD CORPORATION; BAHMAN BRIAN SHAHANGIAN, an Case No. 34-2019-00249221-CU-CR-GDS 14 individual; and CALIFORNIA FIRE PROTECTION COALITION, a California DEFENDANTS' NOTICE OF MOTION 15 Corporation; and JUAN CARLOS DEL AND MOTION (A) TO COMPEL TORO TREJO, an individual. PLAINTIFFS FIRE GUARD 16 CORPORATION, BAHMAN BRIAN Plaintiffs, SHAHANGIAN, AND JUAN CARLOS DEL 17 TORO TREJO TO PROVIDE RESPONSES v. TO (1) SPECIAL INTERROGATORIES 18 (SET ONE), (2) FORM INTERROGATORIES (SET ONE), AND (3) 19 CALIFORNIA DEPARTMENT OF REQUESTS FOR PRODUCTION OF FORESTRY AND FIRE PROTECTION; DOCUMENTS (SET ONE); AND (B) FOR 20 CALIFORNIA OFFICE OF THE STATE AN ORDER DEEMING ADMITTED THE FIRE MARSHAL; MIKE RICHWINE, in REQUESTS FOR ADMISSION (SET ONE) 21 his official capacity as State Fire Marshal; JEFFERY SCHWARTZ, in his official Date: October 27, 2022 22 capacity as Deputy State Fire Marshal; and Time: 1:30 p.m. DOES 1 through 10, inclusive. Dept.: 53 23 Trial Date: December 18, 2023 Defendants. Action Filed: January 25, 2019 24 25 Reservation No.: 2663593 26 27 28 1 Defendants' Notice of Motion and Motion to Compel (34-2019-00249221) 1 TO PLAINTIFFS FIRE GUARD CORPORATION, BAHMAN BRIAN SHAHANGIAN, 2 AND JUAN CARLOS DEL TORO TREJO AND THEIR ATTORNEYS OF RECORD: 3 PLEASE TAKE NOTICE that on October 27, 2022, at 1:30 p.m. in Department 53 ofthe 4 above-captioned court, located at 813 6"^ Street, Sacramento, Califomia 95814, defendants 5 Califomia Department of Forestry and Fire Protection, Califomia Office of the State Fire 6 Marshal, Mike Richwine, and Jeffrey Schwartz, will and hereby do move to compel plaintiffs Fire 7 Guard Corporation, Bahman Brian Shahangian, and Juan Carlos Del Toro Trejo (collectively, 8 Fire Guard and the Individual Plaintiffs) to respond to the Office of the State Fire Marshal's 9 (OSFM) interrogatories and document requests and move to have the OSFM's request for 10 admission deemed admitted and respectfiilly request that the Court order that Fire Guard and the 11 Individual Plaintiffs have waived any and all objections to the OSFM's discovery requests. 12 This motion is made on the following grounds: 13 (1) Fire Guard and the Individual Plaintiffs should be compelled, pursuant to Code of 14 Civil Procedure section 2030.290, subdivisions (a) and (b) and section 2031.300, subdivisions (a) 15 and (b), to respond to the OSFM's Special Interrogatories (Set One), Form Interrogatories (Set 16 One), and Request for Production of Documents (Set One), and the Court should order that all 17 objections to these discovery requests are waived because the OSFM served the discovery 18 requests on Fire Guard and the Individual Plaintiffs and they did not object to or respond to the 19 requests or seek another extension of time to respond, on or before the statutory deadline to 20 respond, plus an agreed upon extension. 21 (2) The OSFM's Requests for Admission (Set One) served on Fire Guard and the 22 Individual Plaintiffs should be deemed admitted, pursuant to Code of Civil Procedure section 23 2033.280, subdivisions (a) and (b), and any objections waived because the OSFM served the 24 request for admission on Fire Guard and the Individual Plaintiffs and they did not object to or 25 respond to the request or seek another extension of time to respond, on or before the statutory 26 deadline to respond, plus an agreed upon extension. 27 (3) As of the date of the filing of this motion, Fire Guard and the Individual Plaintiffs 28 have not responded to the OSFM's discovery requests. 2 Defendants' Notice of Motion and Motion to Compel (34-2019-00249221) 1 This motion is based on this notice of motion and motion, the memorandum of points and 2 authorities in support of the motion, the declaration of Andrea M. Kendrick, all exhibits 3 referenced in the declaration of Andrea M. Kendrick, the pleadings and papers on file in this 4 action, and on any fiirther evidence or matters that may properly come before the Court. 5 PLEASE TAKE FURTHER NOTICE OF THE FOLLOWING: Pursuant to Local Rule 6 1.06 (A), the court will make a tentative mling on the merits of this matter by 2:00 p.m., the court 7 day before the hearing. The complete text of the tentative mlings for the department may be 8 downloaded off the court's website. If the party does not have online access, they may call the 9 dedicated phone number for the department as referenced in the local telephone directory between 10 the hours of 2:00 p.m. and 4:00 p.m. on the court day before the hearing and receive the tentative 11 mling. If you do not call the court and the opposing party by 4:00 p.m. the court day before the 12 hearing, no hearing will be held. 13 Dated: September 28, 2022 Respectfiilly submitted, 14 ROB BONTA Attomey General of Califomia 15 RUSSELL B . HILDRETH Supervising Deputy Attomey General 16 17 18 ANDREA M. KENDRICK 19 Deputy Attomey General Attorneys for Defendants 20 21 SA2019300028 36466295.docx 22 23 24 25 26 27 28 Defendants' Notice of Motion and Motion to Compel (34-2019-00249221)