Preview
FILED
EKOOR&EO
1 TIMOTHY V. KASSOUNI, SBN 142907
KASSOUNI LAW 201^!JAN3i PM 3:02
2 621 Capitol Mall, Suite 2025
• I t Pv 10 n C 0 U K T 0 F C ,\ I, i F 0 n H
3 Sacramento, C A 95814 COUHTY OF SACRAHEHiU
Telephone: (916) 930-0030
4 Facsimile: (916)930-0033
E-Mail: Timothy(^assounilaw.com
5
Attorneys for Plaintiffs Fire Guard Corporation, Bahman Brian Shahangjan, and Califomia Fire
6 Protection Coalition
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 CITY AND COUNTY OF SACRAMENTO
10
^ FIRE GUARD CORPORATION; CaseNo: 34-2019-00249221
o 11
BAHMAN BRIAN SHAHANGIAN, an
(S — VO
individual; and CALIFORNLf^ FIRE
^ s K 5; 12 PROTECTION COALITION, a Califomia DECLARATION OF TIMOTHY V.
< '5 o ^ 13 KASSOUNI IN SUPPORT OF
Corporation,
PLAINTIFFS' EX PARTE APPLICATION
14 Plaintiffs, FOR TEMPORARY RESTRAINING
ORDER AND OSC RE PRELIMINARY
^ (5 Ov 15 INJUNCTION
V.
16
CALIFORNIA DEPARTMENT OF Date: February 1,2019
17 FORESTRY AND FIRE PROTECTION; Time: 9:00 A.M. BY FAX
CALIFORNL\ OFFICE OF THE STATC Dept.: 53 .
18 FIRE MARSHAL; DENNIS MATHISEN, in Judge: Hon. David L Brown
19 his odicial capacity as State Fire Marshal;
JEFFERY SCHWARTZ, in his official
20 capacity as Deputy State Fire Marshall; and
DOES 1-10, inclusive.
21
22 Defendants.
23
24
25
26
27
28
Declaration of Timothy V. Kassouni
I, TIMOTHY V. KASSOUNI, declare:
1. I am counsel of record for Plaintiffs in this action. I have personal knowledge of each
r
fact stated in this declaration.
2. On December 26,2018,1 informed the Chief Counsel for the Department of Forestry
5
and Fire Protection (Department), Bruce Crane, via telephone and e-mail that I was representing
6
C-l 6 license holders and requested a stay ofthe regulations at issue pending a hearing on a
7
preliminary injimction motion. The following day I was informed via e-mailfromMr. Crane that
8
his client was unable to agree to my request. Mr. Crane also informed me that Ms. Kendrick and
9
Ms. Covington ofthe Attomey General's office would be representing the Department.
10
3. On December 31,2018,1 also requested of Mr. Crane via e-mail the "immediate"
O
m
fS 0\ 11
O
IN —• VO
^ access to the mlemakingfilefor the regulations at issue for copying, pursuant to Govemment
^ s 5 12 Code section 11347.3. Attached hereto as Ex. A is a copy of this e-mail. Having received no
< "5 r
13
2; S CJ tu response, on Janxiary 2,2019,1 reiterated the request for access to the rulemakingfile.That same
3 5 o •
O - B S 14
12
< -5 Ov
J t« < 13
I--(3 o
o
m
o>
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15
-I !o
VO 16
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-3-
Declaration of Timothy V. Kassouni
Ex. A
1/29/2019 Webmall:: RE: Legal Issues regarding auto fire extinguishing Iteense certifications
Subject RE: Legal issues regarding auto fire extinguishing license #SS>*1 mt mm
certifications ^ < M P U S e M a i i
From Timothy Kassouni ^^>*
To
Cc ,
Date 12/31/2018 10:07 am
Mr. Crane,
As a follow-up, I intend to copy the rule malcing f i l e for the regulations, pursuant to Gov. Code 11347.3.
Please advise as soon as possible i f the f i l e i s i n the possession of CalFire, or with the State Archives,
and also who the contact person w i l l be for the logistics. I am making arrangements for immediate copying
and need t o inform my service of the location of the f i l e . Thanks for your prompt attention.
Timothy V. Kassouni
Kassouni Law
621 Capitol Mall, Suite 2025
Sacramento, CA 95814
(916) 930-6830
On 12/27/2018 5:10 pm. Crane, BruceOCALFIRE wrote:
Mr. Kassouni,
Thank you for your email and phone c a l l of 12/26/18. I appreciate
your efforts to reach a temporary agreement on the issue of OSFM
enforcement of Title 19, Sections 920 et provisions prior to your
seeking a TRO on this matter. I was able to speak with my clients
today at 3:00 PM about your proposed agreement to temporarily "pause"
enforcement of the Title 19 provisions u n t i l a more thorough hearing
could be held on a preliminary injunction. For a variety of practical
and legal reasons my clients are unable to agree not to enforce
applicable provisions of Title 19 when they take effect on 1/1/19 or
as specified i n Title 19,
As I believe that you w i l l seek a TRO upon receipt of this email I
have requested legal representation from the Attorney General's Office
on this matter. Once a Deputy Attorney General (DAG) has been
assigned to this matter I w i l l provide you with his/her contact
Information so you may coordinating a l l further proceedings with them.
Thanks.
Bruce Crane
Chief Counsel
CAL FIRE
Original Message
From: Timothy Kassouni fmailto:timothviSkassounllaw.com1
Sent: Wednesday, December 26, 2018 2:18 PM
To: Crane, BruceiaCALFIRE
Subject: Legal issues regarding auto f i r e extinguishing license certifications
Dear Mr. Crane,
Thanks very much for taking my call today. As I indicated, I have
recently been asked by several licensed C-16 automatic sprinkler
installers to look into certain California Codes of Regulation adopted
by Cal Fire (specifically T i t l e 19, Div. 1, Ch. 5.5; sections 920 et.
seq.) After i n i t i a l analysis, my intention i s to seek a Court ruling
on the legality and feasibility of certain provisions. I am interested
in working with you and counsel's schedules to agree on a date for a
preliminary injunction hearing, preferably i n mid to late February. As
https7/wm.fusemail.com/?_task=mail&_actkjn=print&_uid=11395&_mbox=INBOX.Sent%20ltems 1/2
1/29/2019 Webmall:: RE: Legal issues regarding auto fire extinguishing license certifications
such, I would hope we can agree to bypass the need for an urgent TRO,
and that we simply agree that Cal Fire w i l l hold off enforcement u n t i l
the the hearing on the preliminary Injunction. My understanding i s
that the regulations were adopted some time ago, and a roughly 45 day
period of non-enforcement would enable us to coordinate matters
without the need for Court involvement and unnecessary attorney and
staff time on the eve of the new year.
Thanks for your attention. Please call my cell at 916-607-8493, which
is the quickest way to reach me today and tomorrow. I look forward to
hearing from you at your earliest possibility.
Timothy V. Kassouni
Kassouni Law
621 Capitol Mall, Suite 2025
Sacramento, CA 95814
(916) 930-0030
https://wm.fusemail.com/7_task-mail&_actlon=print&_uid=11395&_mbox=INBOX.Sent%20ltems 2/2
Ex. B
1/30/2019 Webmail:: Notice of Ex Parte application; Fire Guard v. Cal. Dept Forestry and Fire; Case no. 34-2019-00249221
Subject Notice of Ex Parte application; Fire Guard v. Cai. Dept. Forestry t S ^ y ^ w. mm *|*
and Fire; Case no. 34-2019-00249221 ^ C 3 J rIfiSGlVldll
From Timothy Kassouni ^*««*
To v>
Cc
Date 01/30/2019 12:06 pm
• Fire Guard confonned complaint pdf.pdf (1.8 MB)
Dear Ms. Kendrick,
Bruce Crane, General Counsel for CalFire, infonned me that you and Ms. Covington of the Attorney General's
Office would be representing CalFire regarding l i t i g a t i o n pertaining to the f i r e sprinkler f i t t e r
regulations. As counsel for the Plaintiffs I have scheduled an ex parte application for TRO and OSC Re
Preliminary Injunction for the following date, time, and location:
Friday, February 1, 2019 at 9:00 A.M.
Sacramento County Superior Court
Dept. 53, Hon. David I . Brown
813 6th St.
Sacramento, CA
Plaintiffs seek a TRO and OSC Re: Preliminary Injunction to stay the operation and enforcement of the
regulations.
Ms. Covington's e-mail i s not on f i l e with the State Bar, although I w i l l be calling her to provide this
information.
Also, the Office of the State Fire Marshall, and Dennis Mathisen and Defferey Schwartz their o f f i c i a l
capacities, are named as Defendants. Please c a l l me as soon as you are able, as I would like to confirm
that the AG's office would be representing a l l Defendants. My number Is 916-930-0030. I would also like to
confirm that you are i n a position to accept service of the complaint on a l l Defendants, a copy of which i s
attached.
I was also previously informed by Mr. Crane that CalFire would not be willing to stipulate to a stay of the
regulations pending a hearing on a preliminary injunction, thus the need for a TRO. I am proceeding on the
assumption that this i s s t i l l the case, but I would like to discuss and confirm that when we have our c a l l .
Timothy V. Kassouni
Kassouni Law
621 Capitol Mall, Suite 2025
Sacramento, CA 95814
(916) 930-0030
https7/wm.fuseniall.com/?_task=mail&_action=print&_uid=11575&_mbox=INBOX.Sent%20ltems 1/1
Preview
FILED EKOOR&EO 1 TIMOTHY V. KASSOUNI, SBN 142907 KASSOUNI LAW 201^!JAN3i PM 3:02 2 621 Capitol Mall, Suite 2025 • I t Pv 10 n C 0 U K T 0 F C ,\ I, i F 0 n H 3 Sacramento, C A 95814 COUHTY OF SACRAHEHiU Telephone: (916) 930-0030 4 Facsimile: (916)930-0033 E-Mail: Timothy(^assounilaw.com 5 Attorneys for Plaintiffs Fire Guard Corporation, Bahman Brian Shahangjan, and Califomia Fire 6 Protection Coalition 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 CITY AND COUNTY OF SACRAMENTO 10 ^ FIRE GUARD CORPORATION; CaseNo: 34-2019-00249221 o 11 BAHMAN BRIAN SHAHANGIAN, an (S — VO individual; and CALIFORNLf^ FIRE ^ s K 5; 12 PROTECTION COALITION, a Califomia DECLARATION OF TIMOTHY V. < '5 o ^ 13 KASSOUNI IN SUPPORT OF Corporation, PLAINTIFFS' EX PARTE APPLICATION 14 Plaintiffs, FOR TEMPORARY RESTRAINING ORDER AND OSC RE PRELIMINARY ^ (5 Ov 15 INJUNCTION V. 16 CALIFORNIA DEPARTMENT OF Date: February 1,2019 17 FORESTRY AND FIRE PROTECTION; Time: 9:00 A.M. BY FAX CALIFORNL\ OFFICE OF THE STATC Dept.: 53 . 18 FIRE MARSHAL; DENNIS MATHISEN, in Judge: Hon. David L Brown 19 his odicial capacity as State Fire Marshal; JEFFERY SCHWARTZ, in his official 20 capacity as Deputy State Fire Marshall; and DOES 1-10, inclusive. 21 22 Defendants. 23 24 25 26 27 28 Declaration of Timothy V. Kassouni I, TIMOTHY V. KASSOUNI, declare: 1. I am counsel of record for Plaintiffs in this action. I have personal knowledge of each r fact stated in this declaration. 2. On December 26,2018,1 informed the Chief Counsel for the Department of Forestry 5 and Fire Protection (Department), Bruce Crane, via telephone and e-mail that I was representing 6 C-l 6 license holders and requested a stay ofthe regulations at issue pending a hearing on a 7 preliminary injimction motion. The following day I was informed via e-mailfromMr. Crane that 8 his client was unable to agree to my request. Mr. Crane also informed me that Ms. Kendrick and 9 Ms. Covington ofthe Attomey General's office would be representing the Department. 10 3. On December 31,2018,1 also requested of Mr. Crane via e-mail the "immediate" O m fS 0\ 11 O IN —• VO ^ access to the mlemakingfilefor the regulations at issue for copying, pursuant to Govemment ^ s 5 12 Code section 11347.3. Attached hereto as Ex. A is a copy of this e-mail. Having received no < "5 r 13 2; S CJ tu response, on Janxiary 2,2019,1 reiterated the request for access to the rulemakingfile.That same 3 5 o • O - B S 14 12 < -5 Ov J t« < 13 I--(3 o o m o> 14 15 -I !o VO 16 17 18 19 20 21 22 23 24 25 26 27 28 -3- Declaration of Timothy V. Kassouni Ex. A 1/29/2019 Webmall:: RE: Legal Issues regarding auto fire extinguishing Iteense certifications Subject RE: Legal issues regarding auto fire extinguishing license #SS>*1 mt mm certifications ^ < M P U S e M a i i From Timothy Kassouni ^^>* To Cc , Date 12/31/2018 10:07 am Mr. Crane, As a follow-up, I intend to copy the rule malcing f i l e for the regulations, pursuant to Gov. Code 11347.3. Please advise as soon as possible i f the f i l e i s i n the possession of CalFire, or with the State Archives, and also who the contact person w i l l be for the logistics. I am making arrangements for immediate copying and need t o inform my service of the location of the f i l e . Thanks for your prompt attention. Timothy V. Kassouni Kassouni Law 621 Capitol Mall, Suite 2025 Sacramento, CA 95814 (916) 930-6830 On 12/27/2018 5:10 pm. Crane, BruceOCALFIRE wrote: Mr. Kassouni, Thank you for your email and phone c a l l of 12/26/18. I appreciate your efforts to reach a temporary agreement on the issue of OSFM enforcement of Title 19, Sections 920 et provisions prior to your seeking a TRO on this matter. I was able to speak with my clients today at 3:00 PM about your proposed agreement to temporarily "pause" enforcement of the Title 19 provisions u n t i l a more thorough hearing could be held on a preliminary injunction. For a variety of practical and legal reasons my clients are unable to agree not to enforce applicable provisions of Title 19 when they take effect on 1/1/19 or as specified i n Title 19, As I believe that you w i l l seek a TRO upon receipt of this email I have requested legal representation from the Attorney General's Office on this matter. Once a Deputy Attorney General (DAG) has been assigned to this matter I w i l l provide you with his/her contact Information so you may coordinating a l l further proceedings with them. Thanks. Bruce Crane Chief Counsel CAL FIRE Original Message From: Timothy Kassouni fmailto:timothviSkassounllaw.com1 Sent: Wednesday, December 26, 2018 2:18 PM To: Crane, BruceiaCALFIRE Subject: Legal issues regarding auto f i r e extinguishing license certifications Dear Mr. Crane, Thanks very much for taking my call today. As I indicated, I have recently been asked by several licensed C-16 automatic sprinkler installers to look into certain California Codes of Regulation adopted by Cal Fire (specifically T i t l e 19, Div. 1, Ch. 5.5; sections 920 et. seq.) After i n i t i a l analysis, my intention i s to seek a Court ruling on the legality and feasibility of certain provisions. I am interested in working with you and counsel's schedules to agree on a date for a preliminary injunction hearing, preferably i n mid to late February. As https7/wm.fusemail.com/?_task=mail&_actkjn=print&_uid=11395&_mbox=INBOX.Sent%20ltems 1/2 1/29/2019 Webmall:: RE: Legal issues regarding auto fire extinguishing license certifications such, I would hope we can agree to bypass the need for an urgent TRO, and that we simply agree that Cal Fire w i l l hold off enforcement u n t i l the the hearing on the preliminary Injunction. My understanding i s that the regulations were adopted some time ago, and a roughly 45 day period of non-enforcement would enable us to coordinate matters without the need for Court involvement and unnecessary attorney and staff time on the eve of the new year. Thanks for your attention. Please call my cell at 916-607-8493, which is the quickest way to reach me today and tomorrow. I look forward to hearing from you at your earliest possibility. Timothy V. Kassouni Kassouni Law 621 Capitol Mall, Suite 2025 Sacramento, CA 95814 (916) 930-0030 https://wm.fusemail.com/7_task-mail&_actlon=print&_uid=11395&_mbox=INBOX.Sent%20ltems 2/2 Ex. B 1/30/2019 Webmail:: Notice of Ex Parte application; Fire Guard v. Cal. Dept Forestry and Fire; Case no. 34-2019-00249221 Subject Notice of Ex Parte application; Fire Guard v. Cai. Dept. Forestry t S ^ y ^ w. mm *|* and Fire; Case no. 34-2019-00249221 ^ C 3 J rIfiSGlVldll From Timothy Kassouni ^*««* To v> Cc Date 01/30/2019 12:06 pm • Fire Guard confonned complaint pdf.pdf (1.8 MB) Dear Ms. Kendrick, Bruce Crane, General Counsel for CalFire, infonned me that you and Ms. Covington of the Attorney General's Office would be representing CalFire regarding l i t i g a t i o n pertaining to the f i r e sprinkler f i t t e r regulations. As counsel for the Plaintiffs I have scheduled an ex parte application for TRO and OSC Re Preliminary Injunction for the following date, time, and location: Friday, February 1, 2019 at 9:00 A.M. Sacramento County Superior Court Dept. 53, Hon. David I . Brown 813 6th St. Sacramento, CA Plaintiffs seek a TRO and OSC Re: Preliminary Injunction to stay the operation and enforcement of the regulations. Ms. Covington's e-mail i s not on f i l e with the State Bar, although I w i l l be calling her to provide this information. Also, the Office of the State Fire Marshall, and Dennis Mathisen and Defferey Schwartz their o f f i c i a l capacities, are named as Defendants. Please c a l l me as soon as you are able, as I would like to confirm that the AG's office would be representing a l l Defendants. My number Is 916-930-0030. I would also like to confirm that you are i n a position to accept service of the complaint on a l l Defendants, a copy of which i s attached. I was also previously informed by Mr. Crane that CalFire would not be willing to stipulate to a stay of the regulations pending a hearing on a preliminary injunction, thus the need for a TRO. I am proceeding on the assumption that this i s s t i l l the case, but I would like to discuss and confirm that when we have our c a l l . Timothy V. Kassouni Kassouni Law 621 Capitol Mall, Suite 2025 Sacramento, CA 95814 (916) 930-0030 https7/wm.fuseniall.com/?_task=mail&_action=print&_uid=11575&_mbox=INBOX.Sent%20ltems 1/1