Preview
[Exempt From Filing Fee
Government Code § 6103]
1 MONA G. EBRAHIMI, State Bar No. 236550
mebrahimi@kmtg. com
2 LESLIE Z. WALKER, State Bar No. 249310
lwalker@kmtg.com
3 KRONICK, MOSKOVITZ, TIEDEMANN"«fe GIRARD
A Professional Corporation
4 400 Capitol Mall, 27* Floor
Sacramento, California 95814
5 Telephone: (916) 321-4500
Facsimile: (916) 321-4555
6
JONATHAN P. HOBBS, State Bar No. 186045
7 City Attorney
jhobbs@elkgrovecity.org
8 JENNIFER A. ALVES, State Bar No. 238723
Assistant City Attorney
9 jalves@elkgrovecity. org
SUZANNE E. KENNEDY, State Bar No. 251339
10 Assistant City Attorney
skennedy@elkgrovecity. org
11 CITY OF ELK GROVE
Office of the City Attorney
12 8401 Laguna Palms Way
Elk Grove, California 95758
13 Telephone: (916) 683-7111
Facsimile: (916)627-4100
14
Attorneys for Respondent and Defendant CITY
15 OF ELK GROVE
16 SUPERIOR COURT OF THE STATE OF CALIFORNIA
17 COUNTY OF SACRAMENTO
18 STAND UP CALIFORNIA!; PATTY Case No. 34-2016-80002493
JOHNSON; and JOE TEIXEIRA,
19 DECLARATION OF MONA G.
Petitioners and Plaintiffs, EBRAHIMI IN SUPPORT OF
20 RESPONDENT AND DEFENDANT CITY
OF E L K GROVE'S DEMURRER TO
21 PETITIONERS AND PLAINTIFFS'
CITY OF ELK GROVE, VERIFIED AMENDED PETITION FOR
22 WRIT OF MANDATE AND COMPLAINT
Respondent and Defendant. FOR DECLARATORY R E L I E F
23
ELK GROVE TOWN CENTER, LP; Judge: Hon. Shellyarme W.L. Chang
24 HOWARD HUGHES CORPORATION; and Date: June 2, 2017
DOES 1-20, Time: 11:00 a.m.
25 Dept.: 24
Real Parties in Interest and
26 Defendants. Petition Filed: November 23, 2016
27
///
28 /// .
1559592.1 10784-236 1
DECLARATION OF MONA G. EBRAHIMI IN SUPPORT OF CITY'S DEMURRER TO PETITIONERS AND
PLAINTIFFS' VERIFIED AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT
1 I, Mona G. Ebrahimi, hereby declare as follows:
2 1. ' I am an attorney licensed to practice before all of the courts in the State of
3 California. I am a shareholder at the law firm of Kronick, Moskovitz, Tiedemann & Girard,
4 attorneys of record for Respondent and Defendant CITY OF ELK GROVE ("City"), in the above-
5 captioned action. I make this Declaration in support of City's Demurrer to Petitioners and
6 Plaintiffs Stand Up California!, Patty Johnson and Joe Teixeira's ("Petitioners") Verified
7 Amended Petition for Writ of Mandate and Complaint ("Amended Petition"). I have personal
8 knowledge of the following facts and if called upon to testify, I could and would competently do
9 so.
10 2. On March 27, 2017, following a settlement meeting for the above-referenced
11 action, I contacted Brigit S. Barnes, counsel for Petitioners, and Scott Pearson, counsel for Elk
12 Grove Town Center, L.P., Howard Hughes Corporation ("Real Parties in Interest"), to schedule a
13 meet and confer teleconference regarding City's objections to the Amended Petition, in
14 accordance with Code of Civil Procedure section 430.41. The meet and confer conference was
15 scheduled for April 12, 2017. A true and correct copy of the March 27, 2017 email is attached
16 hereto, as Exhibit A.
17 3. Resultingfi-omthe settlement meeting, the parties stipulated to a briefing and
18 hearing schedule for the City's Demurrer to the Amended Petition, which stipulation was adopted
19 by the Court on April 7, 2017. A true and correct copy of the March 27, 2017 email is attached
20 hereto, as Exhibit B.
21 4. On April 12, 2017 at approximately 11:10 a.m., I, along with Leslie Z. Walker of
22 my office, Jonathan P. Hobbs, City Attorney for the City of Elk Grove, telephoned Ms. Barnes and
23 Mr. Pearson to meet and confer to determine if we could agree to resolve any of the City's
24 objections to the Amended Petition. During that call, which lasted nearly one hour, I identified all
25 of the specific causes of action that the City believes are subject to demurrer and identified
26 statutes and case citations supporting the basis of the deficiencies in the Amended Petition. A true
27 and correct copy of the April 12, 2017 email confirming the conference call is attached hereto, as
28 Exhibit C.
1559592.1 10784-236 2
DECLARATION OF MONA G. EBRAHIMI IN SUPPORT OF CITY'S DEMURRER TO PETITIONERS AND
PLAINTIFFS' VERIFIED AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT
1 5. During the meet and confer, Ms. Barnes provided no authority for her Amended
2 Petition, but provided an email following the call providing a copy of a letterfi-omCongressman
3 Bishop, a directivefi-omthe Acting Assistant Secretary of Indian Affairs from the Department of
4 Interior, dated April 6, 2017, and a chart prepared by an unidentified source. A true and correct
5 copy of the April 12, 2017 eriiail containing these documents is attached hereto, as Exhibit D.
6 6. During the meet and confer, Ms. Barnes agreed to provide the balance of her legal
7 authority not later than April 19,2017.
8 7. On April 20, 2017, Ms. Barnes sent me an email requesting clarification of the
9 authorities cited during the meet and confer and agreeing that "there is no factual connect between
10 the basis for CEQA challenges in the Petition filed November 23 [no CEQA re Amended DA],
11 and the Amended Petition." I provided this clarification, and did not receive any legal authority to
12 support Petitioners' Amended Complaint. A true and correct copy of the April 20,2017 email is
13 attached hereto, as Exhibit E.
14 8. On April 25, 2017, Ms. Barnes sent me an email which attached an "interoffice
15 memorandum" providing the balance of Petitioners' response to the issues raised by me during the
16 meet and confer, and again attaching a chart depicting Petitioners' authority for the Amended
17 Petition. A true and correct copy of the April 25, 2017 email and attachments is attached hereto,
18 as Exhibit F.
19 9. On April 28,2017,1 responded to Ms. Barnes' April 25, 2017 email by stating that
20 I was not persuaded by the interoffice memorandum provided by Ms. Barnes. Because the parties
21 were unable to reach an agreement to resolve the City's objections to the Amended Petition, the
22 City would proceed with filing the demurrer. A true and correct copy of the April 28, 2017 email
23 is attached hereto, as Exhibit G.
24 I declare under penalty of perjury under the laws of the State of California that the foregoing is
25 true and correct to the best of my knowledge.
26 Executed on this 3rd day of May 2017 at Sacramento, California.
27
28 )na
Subject: RE: Meet and Confer: Demurrer [IWOV-DOCS.FID408353]
At the present time it is open after 9:30 Mona. Also, going over schedule for hearings, please
ensure the demurrer is delivered by 9:00 on IT^*^ of April, not 6:00 p.m. thanks.
Brigit Barnes
Brigit S. Barnes & Associate, Inc.
Real Estate, Land Use & Asset Preservation
3262 Penryn Road, Suite 200
Loomis, CA 95650
(916)660-9555
Fax: (916) 660-9554
Email: bsbarnes@landlawbybarnes.com
Far and away the best prize, that life offers is
the chance to work hard at work worth doing.
Theodore Roosevelt, 1903.
THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE MAY BE ATTORNEY-CLIENT PRIVILEGED AND CANNOT
BE FORWARDED BY THE RECIPIENT TO ANY OTHER PARTY WITHOUT THE PRIOR CONSENT OF THE SENDER. The
information is intended only for the individual(s) to whom this message is addressed. If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that
any dissemination, distribution, or copying of this electronic communication or any attachment thereto is strictly
prohibited. If you have received this electronic communication in error, you should immediately return it to us and delete the
message from your system. We would appreciate it if you would telephone us at (916) 660-9555, Noreen, to advise of the
misdirected communication. Thank you.
From: Ebrahimi, Mona G. [mailto:mebrahimi@kmtg.com]
Sent: Monday, March 27, 2017 11:53 A M
To: bsbarnes@landlawbybarnes.com
Cc: Jonathan Hobbs; May, Elizabeth ; Walker, Leslie ; 'Pearson, Scott M . ' ; Elk Grpve_ City of_Stand Up California_ v_ City
of Elk Grove Emails
Subject: Meet and Confer: Demurrer [IWOV-DOCS.FID408353]
Brigit,
Are you available on April 12"" t o meet and confer regarding the demurrer? If so, what times between 11:00 am -3:00
p.m. work best for you?
Thanks,
Mona
EXHIBIT B
May, Elizabeth
From: Ebrahimi, Mona G.
Sent: Monday, March 27, 2017 1:07 PM
To: 'Pearson, Scott M.'; Jonathan Hobbs; Jennifer Alves
Cc: May, Elizabeth
Subject: Proposed Draft Stipulation
Attachments: 1554060 l.docx
Please let me know if you have any changes to the attached stipulation before I circulate it for signature.
Thanks,
Mona
[Exempt From Filing Fee
Goverument Code § 6103]
1 MONA G. BBRAHMI, State Bar No. 236550
mebrahimi@kmtg. com
2 LESLIE Z. WALKER, State Bai- No. 249310
Jwcdkzr@Jcmtg. com ' Frs.' 'yh '5 r ic n
3 KRONICK, MOSKOVITZ, TIEDEMANN & ODRARD II I
A Professional Coicporadoa
4 400 Capitol MaU, 27"" Floor
Sacramento, Caliibrnla 95814 APR - 7 2017-
5 Telephone: (916) 321-4500
FacsWe: (916) 321-4555
6 By E. Higginbotham, Dopiity Clerk
JONATHAN P. HOBBS, State Bar No. 186045
7 City Attorney
Jhobbs@elkgrovecity. org
8 JENNIFER A. ALVES, State Bai- No. 238723
Assistant City Attorney
9 falves@encgrovecity.org
SUZANNE E. KENNEDY, State Bar No. 251339
10 Assistant City Attorney
sIcennedy@eikgrovecity,org
11 CITY OF ELK GROVE
Ofi&ce of the City Attorney
12 8401 Laguna Palms Way
Ellc Grove, California 95758
13 Telephone: (916) 683-7111
Facsimile: (916)627-4100
14-
Attomeya for Respondent and Defendant CITY
15 OF ELK GROVE
16 SUPERIOR COURT OF THE STATE OF CAUFORNIA
17 COUNTY OF SACRAMENTO
18 STAND UP CALIFORNIAI; PATTY Case No. 34-2016-80002493
JOHNSON; and JOE TEDffiIRA,
19 STIPULATION AND -pftea^^SM)]
Petitioners and Plaintiff, ORDER SETTING BRIEFING AND
20 HEARING SCHEDULE FOR
DEMURRER TO AMENDED
21 PETmON/COMPLAINT FOLLOWING
MANDATORY SETTLEMENT
22 CITY OF ELK GROVE, CONFERENCE PURSUANT TO PUB.
Respondent and Defendant RES. CODE SEC. 2X167.8
23
24 ELK GROVE TOWN CENTER, LP;
25 HOWARD HUGHES CORPORAHON; and
DOES 1-20,
26 Real Parties in Interest and
27 Defendants, •
28
1334060,2 l0784-23(i-
SWPULATrON AND [PROPOSED] ORDER SBTTINO BRIBPrNG AND HEAUmO SCHEDULE FOR DEMURRER TO
AMENDED PETmON/COMPLAINT FOIXOWINQ MANDATORY SETTLEMENT CONFERENCE
1 Pursuant to California Public Resources Code section 21167.8, on March 27,2017 at 10;00
2 a.m. at the at the law offices of Kronick, Moskovitz, Tiedemann and Qirard, located at 400 Capitol
3 Mall, 27th Floor, Sacramento, California, a settlement meetkg was held in tiie above-refereaced
4 action.
5 Resulting fcom the mandatary settlmient conference and subsequent communioatipns, the
6 parties in the above-referenced action, by and through their respective counsel of record, hereby
7 stipulate to set the briefing and hearing schedule on the City of Elk Grove's ("City") and Real
8 Parties in Interest, EUc Grove Town Center, LP, and Howard Hughes Coiporatlon's ("Real
9 Pertie3"),demurcer on Potitloaers and Plaititiffe' Verified Amended Petition for Writ of Mandate
10 and Complaint, ^follows;
11 The City, and Real Parties in Interest, shall file their demurrer;
12 memorandum of points and authorities, and all other documents in support
13 of the demurrer ("demun'er"), no later than May 8 ,2017;
14 / Petitioners, Patty Johnson, Joe Tebceira, Omar Ahmed Jr., Xin Quo; and
15 Carolyn Soares ("Petttipners") shallfiletheir opposition to the demuirer no
16 later than May 18,2017;
.17 The City and Real Parties in Interest shall file thek reply brlefi no later than
18 May.26,2017;
19 y. Tiie hearing on the City's motion for Demurrer has been set byttieCourt '
20 for June 2,2017 at 11:00 am. '
21 AU parties stiptilate that Ihey shall accept sendee of process of all briefs and supporting
22 papers in this case by serving all parties byfecsimileor e-maii on or before 6:00 pjn. on the day
23 of thefilingdeadline, set above. The above-referenced briefing schedule is establishedforthe
24 demurrer and shall befixed,with no additional time allotted for service of brie& and supporting
25 materials for seivice by fkosimile or e-mail.
26 ///
27 ///
28 III
lS340S0.a 10784-236 . 9
STIPULATION AND [PROPOSED] ORDER SETTING BRIBFINQ AND HEARING SCHEDULE FOR DEMURRER TO
AMENDED PETITION/COMPLAINT FOLLOWING MANDATORY SBTTLPN4^NT CONPHRENCB
IT IS SO STIPULATED:
2 Dated: M a r c h ^ . 2017 BRIGIT S, BARNES & ASS0CIATES, INC
3
4
5 /Brigit SJBame
t Attoiadys for Petitioners and Plaintiffs PATTY
6 JOHNSON; JOE TEIXEIRA; OMAR AHMED,
JR.; XIN GUO; AND CAROLYN SOARES
7
Dated: March ,2017 KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD
8 A Professional Coiporation
9
10 By:
Mona G. Ebrahimi
11 Attorneys for Respondent and Defendant CITY
OF ELK GROVE
12
13 BALLARD SPAHR LLP
Dated: March 2017
14
15
By:
16 Scott M, Pearson i
Attorneys for Real Parties In Interest ELK
17 GROVE TOWN CENTER, LP; HOWARD
HUGHES CORPORATION
18
19
20
ORDER
21
Upon review of the Stipulation setting briefing and hearing schedule, the Court hereby
22
the Stipulation, including the briefing and hearing schedule, and other terms set forth
23
above. The hearing on tiie merits for the foregoing demurrer motion is set ^or:SMt^9 '2,2017 at
24
11 ;00 a,m. in Department 24. '
25
26
Dated; _,2017
27 JUDGE OF THE SACRAMENTO SUPERIOR COURT
28
ISS40«0.2 10784-236
STIPULATION AND [PROPOSED] ORDER SBTTINO BRIEFING AND HEARING SCHEDULE FOR DEMURRER TO
AMENDED PBTITION/COMPLAINT FOLLOWING MANDATORY SETTLEMENT CONFERENCE
1 IT IS SO STIPULATED:
2 Dated: March ,2017 BRIGIT S. BARNES & ASSOCIATES, INC.
3
4 By: .
Brigit S. Bai'nes
5
Attorneys for Petitioners and Plaintiffs PATTY
6 JOHNSON; JOE TEIXEIRA; OMAR AHMED,
JR.; XIN GUO; AND CAROLYN SOARES
7
Dated: Mai-ch 3D , 2017 KRONICK, MOSKOVITZ. TIEDEMANN & GIRARD
8 A Professional Corporation
9
10
11
By:
a
oiifa G, Ebrahimi
Attorneys for Respondent and Defendant CITY
OF ELK GROVE
12
13 Dated: March ,2017 BALLARD SPAHR LLP
14
15 By:
16 Scott M, Pearson
Attorneys for Real Paities In Interest ELK
17 GROVE TOWN CENTER, LP; HOWARD
HUGHES CORPORATION
18
19
20
ORDER (
21
Upon review of the Stipulation setting briefing and heaiing schedule, the Couit hereby,
22
adopts the Stipulation, including the briefing and hearing schedule, and other teims set forth
23
above. The heaiing on the merits for the foregoing demuiTer motion is set for June 2,2017 at
24
11:00 a.m, in Depai'tment 24.
25
26
Dated: _, 2017
27 JUDGE OF THE SACRAMENTO SUPERIOR COURT
28
1554060.2 10784-236
STIPULATION AND [PROPOSED] ORDER SETTINQ BRIEFING AND HEARING SCHEDULE FOR DEMURRER TO
AMENDED PETITION/COMPLAINT FOLLOWING MANDATORY SETTLEMENT CONFERENCE
1 IT IS SO STIPULATED:
2 Dated: March ,2017 BRIGIT S. BARNES & ASSOCIATES, INC.
3
4 By: •
Brigit S, Barnes
5 Attorneys for Petitioners and Plaintiffs PATTY
6 JOHNSON; JOB TEIXEIRA; OMAR AHMED,
JR,; XIN QUO; AND CAROLYN SOARES
7
Dated: March 2017 KRONICK, MOSKOVITZ, TIEDEMANN & QIRARD
8 A Professional Corporation
9
10 By:
Mona O, Bbrahlnii
11 Attorneys for Respondent and Defendant CITY
OFELKOROVB
12
13' BALLARD SPAHR LLP
Dated: March ZL,2017
14
15
By:
16 SootyM. I'earson
Attorneys for Real Parties In Interest ELK
17 GROVE TOWN CENTER, LP; HOWARD
HUGHES CORPORATION.
18
19
20
ORDER
21.
Upon review of the Stipulation setting briefing and hearing schedule, the Court hereby
22
adopts the Stipulation, Including the briefing and hearing schedule, and other teiins set forth
23
above. The hearing on tlie merits for the foregoing demumr motion ia set for iTxinB-'Z, 2017 at
24
11:00 a,m. in Department 24,
25
26 SHELLEYANNE W.L. CHANG
Dated: _.20I7
27 JUDGE OF THE SACRAMENTO SUPERIOR COURT
28
lSMOCO.i 10784-231;
STIPULATION AND [PROPOSEDl ORDER SETriNO BRIBFINO AND HEARING SCHEDULE FOR DEMURRER TO
AMENDED PETITION/COMPLAINT FOLLOWING MANDATORY SETTLEMENT CONPERENCE
1 PROOF OF S E R V I C E
2 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO
3 At the time of service, l was over 18 years of age and not a party to this action. I am
employed in the County of Sacramento, State of California, My business address is 400 Capitol
4 Mall, 27th Floor, Sacramento, CA 95814.
5 On April 12, 2017,1 served true copies of the following document(s) described as
STIPULATION AND ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR
6 DEMURRER TO AMENDED PETITION/COMPLAINT FOLLOWING MANDATORY
SETTLEMENT CONFERENCE PURSUANT TO PUB. RES. CODE SEC. 21167.8 on the
7 interested parties in this action as follows:
8 S E E ATTACHED S E R V I C E L I S T
9 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the
document(s) to be sent from e-mail address dclark@lcmtg.com to the persons at the e-mail
10 addres.ses listed in the Sei-vice List. The document(s) were transmitted at or before 5:00 p.m. 1 did
not receive, within a reasonable time after the transmission, any electronic message or other
11 indication that the transmission was unsuccessful.
12 I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. ,
13
Executed on April 12, 2017, at Sacramento, California.
14
15
16 Deborah Clark
17
18
19
20
21
22
23
24
25
26
27
28
1523002.1 • 107R4-23<; 1
PROOF OF SERVICE
SERVICE LIST
Brigit S. Barnes Jonathan P. Hobbs, City Attorney
Annie R. Embree Jennifer A. Alves, Asst. City Attorney
Brigit S. Barnes & Associates, Inc. Suzanne Kermedy, Asst. City Attorney
3262 Penryn Road City of Elk Grove
Loomis, CA 95650 Office of the City Attorney
Telephone: (916)660-9555 8401 Laguna Palms Way
Facsimile: (916)660-9554 Elk Grove, CA 95758
Email: bsbarnes@landlawbybarnes.com Telephone: (916) 683-7111
arembree(allandlawbvbanies.com Facsimile: (916)627-4100
Email: jhobbs@elkgrovecity.org
Attorneys for Petitioners and Plaintiffs j alves@elkgrovecity. org
skennedv@elkgrovecitv.org
Attorneys for Respondent and
Defendant
10
Scott M. Pearson
11 Taylor R. Steinbacher
Ballard Spahr LLP
12 2029 Century Park East, Suite 800
Los Angeles, CA 90067-2909
13 Telephone: (424) 204-4323
Facsimile: (424)204-4350
14 Email: pearsons@ballardspahi'.com
steinbachert@ballardspalTr.com
15
Attorneys for Real Parties in Interest and
16 Defendants
17
I
18
19
20
21
22
23
24
25
26
27
28
1523002.1 10784-236
PROOF OF SERVICE
EXHIBIT C
THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE MAY BE ATTORNEY-CLIENT PRIVILEGED AND CANNOT
BE FORWARDED BY THE RECIPIENT TO ANY OTHER PARTY WITHOUT THE PRIOR CONSENT OF THE SENDER. The
information is intended only for the individual(s) to whom this message is addressed. If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that
any dissemination, distribution, or copying of this electronic communication or any attachment thereto is strictly
prohibited. If you have received this electronic communication in error, you should immediately return it to us and delete the
message from your system. We would appreciate it if you would telephone us at (916) 660-9555, Noreen, to advise of the
misdirected communication. Thank you.
From: Ebrahimi, Mona G. [mailto:mebrahimi@kmtR.com1
Sent: Wednesday, April 12, 2017 11:09 A M
To: bsbarnes@landlawbvbarnes.com
Subject: RE: Meet and Confer re: Demurrer
Participant Code: 8409#
Dial-in no.: (916) 520-2975 '
F r o m : bsbarnes(Silandlawbybarnes.com ["mailto:bsbarnes(g)landlawbybarnes.com1
S e n t : Wednesday, April 12, 2017 11:08 AM
T o : Ebrahimi, Mona G.
S u b j e c t : RE: Meet and Confer re: Demurrer
I m p o r t a n c e : High
It did not come up on calendar sorry I was on another conference call. What number should I
call in
Brigit Barnes
Brigrt S;,BarriiK &/^ociates, Inc.
Real Estate,: tatnd tfse.& Asset Preservation
3282 Periryn Road. SuHe 200
Loomis. GA 95650
(916) 660T9555
Fax (916) 660^9554
Email; bstfflrnes@landlawk>ybarnes.com
Fariand'awayttie best prize that life offers is
the chance to worK hard at .work worth doir>g.
Theodore Roosevelt. 1903;
THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE MAY BE ATTORNEY-CLIENT PRIVILEGED AND CANNOT
BE FORWARDED BY THE RECIPIENT TO ANY OTHER PARTY WITHOUT THE PRIOR CONSENT OF THE SENDER. The
information is intended only for the individual(s) to whom this message is addressed. If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that
any dissemination, distribution, or copying of this electronic communication or any attachment thereto is strictly
prohibited. If you have received this electronic communication in error, you should immediately return it to us and delete the
message from your system. We would appreciate it if you would telephone us at (916) 660-9555, Noreen, to advise of the
misdirected communication. Jhank you.
From: Ebrahimi, Mona G. [mailto:mebrahimi(5)kmtg.coml
Sent: Wednesday, April 12, 2017 11:06 AM
To: bsbarnes@landlawbvbarnes.com
Subject: Meet and Confer re: Demurrer
Importance: High
Hi Brigit,
We are all holding on the line for you. You had accepted the meeting request previously, so I'm assuming you're still
participating.
Mona
EXHIBIT D
Clark. Debbie
To: Ebrahimi, Mona G.
Subject: RE: April 6 Fee to Trust acquisition reviews
From: bsbarnes@landlawbvbarnes.com [mailto:bsbarnes@landlawbvbarnes.com1
Sent: Wednesday, April 12, 2017 12:27 PM
To: Ebrahimi, Mona G. : John Hobbs (ihobbs@elkgrovecitv.org) ;
Scott M. Pearson - Ballard Spahr LLP (PearsonS@ballardspahr.com)
Subject: April 6 Fee to Trust acquisition reviews
Importance: High
The second memorandum is the one I was specifically mentioning to you. The Bishop
letter you may have seen before.
Brigit Barnes
Brigit S. Barnes :& Associates, Inc.
Real Estat^, Land Use & Assiet f^esetvaHon
3262:PeMiryn Road. Suil^^
Loorhfe. G A 9I5650
(916) 660-9555
Fax: (916) 660-9554
Email: bsbafnes@landlawbvbames.com
Far and ayvay the best prize that life offers is
the chance to >Y0rt< hard at .worti wpith doing.
;Thebdpfe Roosevelt. 1903;
THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE MAYBE ATTORNEY-CLIENT PRIVILEGED AND CANNOT
BE FORWARDED BY THE RECIPIENT TO ANY OTHER PARTY WITHOUT THE PRIOR CONSENT OF THE SENDER. The
information is intended only for the individual(s) to whom this message is addressed. If the reader of this message is not the
intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that
any dissemination, distribution, or copying of this electronic communication or any attachment thereto is strictly
prohibited. If you have received this electronic communication in error, you should immediately return it to us and delete the
message from your system. We would appreciate it if you would telephone us at (916) 660-9555, Noreen, to advise of the
misdirected communication. Thank you.
ROB BISHOP OF UTAH "'^'^^JiS^^j^^^^^
CHAimAN RANKING MEMBER
JASON KNOX . DAVID WATKINS ,
C[l0mniittee on HaturallEejsoumH
February 15,2017
The Honorable James E. Cason
Acting Deputy Secretary
U.S. Department of the Interior
Department of the Interior
1849 G Street, N.W,
Washington, DC 20240
Peiar Seeretaty Gason:
I am writing to express my concern regarding a number of determinations and
discretidhary actions made by the Department of the Interior in the last days of the Obaina
Administration and, in the weeks since Prei^ident Donald J. Trump took office, by agency heads
in "acting" roles designated, by President Obama. I respectfully ask that in accordance with
applicable law and regulation you freeze or suspend the effectiveness of such determinations and
actions xintil each has been thoroughly examined and resolved on its merits, unless a
determination or action is inherently related to the protection of public health arid safety. Any
legal opinion in support of any action shoidd be scrutinized as well becavise of the precedent it
may set forfotiireactlor^
While the full range of troubling determinations and actions are not yet known,
Committee staff has identified several exatiiples of last-miriute approvals of Indian casinos
located outside existing reservations. In one case, Acting Assistant Secretary for Indian Affairis
Michael S. Black approved' a feerto-trust application for a casino even though his immediate
predecessor, then-Deputy Assistant Secretary Lawrence Roberts, was a^yare of allegations of
confliets-of-interest involving Bureau of Indian Affairs* (BIA) processing of the application. lii
ainother case, a decision Avas made oyer the objection of ptiier Indian tribes.
In addition, the discretionary approvals of other potentially controversial off-reservation
casinos were made in tlie waning hours of the Obama Adininisti ation. While the last-minute
nature of &ese actions does not necessarily imply wrongdoing, it begs scrutiny, especially as the
decisions were rendered with little or no transparency and with no notification to the Committee
on Natural Resources many of whose Members are on record expressing concerns with off-
resei'vation gambling.
' Letter-fiom Michael S. Block, Acting Assistant Secrotary—Indian Affcirs, to Jennifer MacLcaii, Perkins Cpie,
dated Febtutiry 10,2017.
' httpV/nstu ralresoijrcas.house.gov
Acting Deputy Secretary Cason
February 15,2017
Page 2
If an examination of a Departmental determination, action, or legal opinion reveals it was
or may have been influenced by political or personal consideraitionSi or done without a fair
consideration 6f the affected interests (including but: not limited to taxpayers, state and local
governments, recognized: Indian tribes, private landowners, and those who use of public land in
accordance \yith the law)i then it should be reversed. There is precedent for the reversal of last-
minute actions iTiade by an outgoing administration's personnel following an investigation.^
Thank you for your coiisi deration of this request.
Sinceriely,
Rob Bishop
Chairman
Committee on Natural Resouirces
^ Several positive-recognition decisions were reversed by Secretary Gale Norton after the IJ;S. Department of the
Interior Office of Inspector General discovered miscoadiictby Gliiaton Administration ofScials. See hwestigative
Report: AHagdHons Jn-\>olving Irregularities in the Tribeii Recognition Pi qcess and Concerns Related to Indian
Gaining. Report No. 01-1-00329, Febtuaiy 2002!
United States Department of the Interior
. OFFICli 01^' THE SECRETARY
Wasiiingcon. DC 20240
APR 0 6 2017
'l!b: All Regional Directors
From: Acting Assistant Secretaiy - Indian Aifaj
Subject: Delegated Authority for Off-Reservation Fee to Trust Decisions
Effective immediately, the delegated authority For olT-resei valion land-inlo-liusl acquisitions
under 25 CFR § 151.1! will lie with the Acting Assistant Secretary - Indian Affairs (AS-IA).
hi addition, delegated authority for off-reservation land-into-trusl decisions for gaming
will lie with the Acting Deputy Secrctai-y for the Department of the Interior. Upon I'eceipt
of an application subject to the regulations under part 151.11, Regional Directors are hereby
directed to provide immediate notice to the AS-IA of such application.
After notification to the AS-IA of an oi^-reservation non-gaming application. Regional Directors
will be responsible for completion of Steps 1 through 9 under section 3.1.2 of the Fee-to-Trust
Handbook as tbilows:
Step 1: Encoding the Fee-to-'I'rust Systein of Record
Step 2: BIA Review of the Written Request or Application
Step 3: Responding to an Incomplete Written Request or Application
Step 4: Conducting Site Inspection and Completing Initial Cei tificale of In.spection
Step 5: Preparing the Preliminary Title Opinion (PTO)
Step 6: Preparing Notice of Apjilication (NOA)
Step 7: Envii'onmental Compliance Review
Step 8: Comments to Notice of Application
Step 9: Clearance of PTO Objections before Notice of Decision (NOD)
Upon completion of Step 9, Regional Director shall submit the application and all work
completed through Step 9 to my Office for completion of Stcp.s 10 thru 13 as follows:
Step 10: Preparing Analysis and Notice of Decision (NOD)
Step 11: Preparing the Publication Notice
Step 12: Preparing Final Certificate of Inspection and Possession (CIP)
Step 13: Acceptance of Conveyance
If the decision is made to approve the request, it will be returned to the Regional Director for
corhpletion of Steps 14 thru 16 as follows:
Step 14: Final Title opinion and Recordation
Step 15: Recording at Land Tities and Records Office
Step 16: Completed Application Package
If the decision is made to deny the request, it vn\l be returned to the Regional Director for
archiving and notification to the applicant tiibe.
STEP ONE: TRUST DECISION
The Secretary's decision to approve or deny a request shall be in writing and state the reasons tor the decision. .
25C.F.R. § 151.12(b).
Non-Final Trust Decisions
Final Trust Decisions
"A decision made by a BIA official ... is not a final agency
'A decision made by the Secretar>', or the Assistant Secretary - action of the Department under 5 U.S.C. 704 until
Indian Affairs ... is a tinal agency action under 5 U.S.C. 704 administrative remedies are exhausted under part 2 of this
upon issuance." . chapter or until the time for filing a notice of appeal has
25 C.F:R. § 151.12(c> expired and no administrative appeal has been filed"
25 C.F.R. § 151.12(c).
sJi%iltdhf©eci§ioWN®^^^^i^^
Notice Required tor Non-Final Decisions
Notice Required for Final Decisions
Promptly provide written notice of decision and the right to
file an administrative appeal ... by mail or personal delivery to:
Promptly publish in the Federal Register a notice of the
decision to acquire land in trust under.this part
Interested parties and state and local governinents having
regulatory jurisdiction
25 C.F.R. § 15I.I2(c)(2)(ii)
Promptly publish a notice in a newspaper of general circulation
and the right to file an administrative appeal
25 C.F.R. § 151.12(d)(2)
Administrative Appeal Process
o a »
Interested parties have 30 days to appeal (usually to IBIA),
beginning on:
The date of receipt of written notice or the date of first
publication of notice for unknown interested parties ,
Any party v^'ho wishes to seekjudicial review of an official's
decision must first exhaust administrative remedies
.Judicial Review
Immediately available for decisions issued by the Secretary or Assistant Secretary
For decisions inade by other BIA officials, only available after administrative remedies are exhausted
2-
STEP TWO: ACQUISITION OF LAND IN TRUST
Title to land cannot be acquired in trust until the decision is final for the Department—i.e., upon issuance when by the Secretary or
the Assistant Secretary or after IBIA resolution when by other BIA officials.
25 C.F.R. § I51.l2(c)(2)(iii). (d)(2)(iv) ^ ^
Title Review
The Tribe must provide title evidence (deed or other conveyance instrument providing evidence of the applicant's title) and either: (1) current
title insurance commitment or policy of title insurance and an abstract of title dating from the time the policy of title insurance was issued to the
applicant or current owner to the present; or (2) title evidence meeting the title standards issued by the U.S. Department of Justice.
The Secretary is required to notify the applicant of any liens, encumbrances, or infirmities he has identified and require their elimination prior to
taking final approval action on the acquisition. If any terms make title to the land unmarketable, the Secretaiy shall require their elimination prior
to such approval.
25C.F R. 5 151.13
Formalization of Acceptance
Formal acceptance of land in trust status shall be accomplished by the issuance or approval of an instrument of conveyance by the
Secretary as is appropriate in the circumstances.
25 C.F.R. § 151.14
Clark, Debbie
To: Ebrahimi, Mona G.
Subject: RE: Meet and Confer re: Demurrer
From: bsbarnes@landlawbvbarnes.com [mailto:bsbarnes@landlawbvbarnes.com]
Sent: Wednesday, April 12, 2017 1:56 PM
To: Ebrahimi, Mona G.
Cc: John Hobbs (ihobbs@elkgrovecitv.org) : Scott M. Pearson - Ballard Spahr LLP
(Pearson$@ballardspahr.com)
Subject: RE: Meet and Confer re: Demurrer
Importance: High
Dear Mona:
Apropos of our discussion regarding the meet and confer hearing we held today, I want to
clarify two points: first of all your multiple references to CC? 430.75 are misplaced. Such
section is not identified in the Code of Civil Procedure. However 430.41 upon which you relied is
on point. The relevant section I should like to discuss with you is (a)(1) and (a)(2).
The sections mandate that demurring parties meet and confer to determine whether
amendments can be resolved voluntarily making the demurrer unnecessary, and makes it
mandatory that the demurring party identified the specific causes of action and the
deficiencies, and the plaintiff respond. These sections do not state that responses are
mandated to be immediate, and explicitly refers to a process, (a)(2) provides that the meet and
confer occur at least five days before the responsive pleading is due, and that if the parties
have not been able to conclude the process the demurring party is entitled to an automatic 30-
day delay in filing. Since I have never suggested that you could not have more time your
assertions today that I must respond to you immediately, or at least by the 17^^ is not
supported by the statute.
As I stated since you began and ended your summary of deficiencies with the idea that the
property has been taken into trust and therefore the City and EGTC have lost any jurisdiction,
and that even if petitioners are correct that the City and EGTC had obligations it failed to
meet, no relief can be obtained from this court because the property has been taken into trust,
I proposed a possible resolution. I proposed that petitioners and city and RPI agree with the
court's approval of a delay in any pleadings on the existing case pending any decisions made by
Interior as to the validity of Black's decision which may affect trust status. You were all to
consider this possibility. Additionally Scott on behalf of RPA asked whether I would consider a
dismissal of this case without prejudice to bring it again, with a tolling agreement. I will look at
this option, however, such an agreement would have to receive concurrence of the court and
confirmation by all parties that all statutes of limitation, including any and all jurisdictional
statutes, would need to be tolled.
r.urge you to understand that there is a timeline which affects petitioners' claims:
(1) Before efforts to transfer the property to the Tribe and Dept. of Interior and
(2) After.
I am including for you a preliminary summary of arguments as to why the Record of Decision re
the Phase 2 property is not final, and therefore the property has not been formally taken into
trust. On February 10] 2017, Grant Deed from Boyd Gaming Corporation and the Wilton
Rancheria to the United States of America in Trust for the Wilton Rancheria for the Phase 2
property. February 10, 2017 The Department of Interior accepted the conveyance of the
Phase 2 property from Boyd Gaming and the Wilton Rancheria, placing the property in Trust. I
recognize that demurring parties are relying on the acceptance referenced above. Petitioners
assert that the acceptance is not final and defective, have separately petitioned for review.
Based on recent notices from the Department it appears that an internal agency review of Mr.
Black's decision is ongoing, but that since Black's decision was issued less than the 30days
required under federal statute, all appeals related to that decision have not run. Thus claims
that the property is now absolutely exempt from regulatory control is premature at best.
We further assert that even if the acceptance is inevitably confirmed. City and RPIs have
breached numerous obligations to the public, as shown by the 12,000 certified referendum
petition, when it took dctions to enable the above referenced transfer.
I will follow up with an outline of arguments supporting this second assertion as well as
responses to the other arguments you made on the phone today.
Brigit Barnes
Brigit S. Barnes:& Associates, Inc.
Rea/ Estate, Land Use & Asset Preservation
3262 Penryn Road, Suite 1200
Loomis. GA 956i5b
(916) 660-9555
Fax: (916) 660^554
Email: bsbame&@landlawijybames.c6m
Far and away the best prtze, that life offers is
the chance to work hafjd;8t.w^
Thebdor^e Roosevelt. 1903:
D
EXHIBIT E
Ebrahimi, Mona G.
From: bsbarnes@landlawbybarnes.com
Sent: Thursday April 20, 2017 2:11 PM
To: Ebrahimi, Mona G.; Scott M. Pearson - Ballard Spahr LLP (PearsonS@ballardspahr.com)
Cc: John Hobbs (jhobbs@elkgrovecity.org); noreen@landlawbybarnes.com
Subject: Follow up on discussions as meet and confer April 12
Importance: High
Dear Mona and Scott:
This email is to follow up on the portions of your issues for demurrer raised April 13
which address strictly procedural matters.
1. You assert that my failure under the original petition to request a hearing within
90 days entitles you to an absolute dismissal. I disagree with you for the
following summarized reasons:
a. The petition asserted the City's failure to review the 1^* amended DA under
CEQA as its second cause of action. The first cause of action challenged
the City's attempt to apply the 1 ^* Amended DA before the 30 day
requirement, in light of the filed referendum petition.
b. As you know, the court determined that because of the pending referendum
any effort on our part to seek an injunction was at least premature, and
probably moot.
c. As you know, the petition was certified by the City Clerk in early January
about 50 days after we filed the petition. The City repealed the ordinance
on February 9, about 70 days after we filed the petition. At this point the
CEQA claim in the petition then extant was functionally
inadequate. Therefore seeking a hearing on a CEQA claim which was
based on the adopted of the 1 amended DA made no sense.
d. After reviewing the series of actions by which the City facilitated the
transfer of property in violation of the 2014 DA, and City's manifest decision
to abnegate its enforcement obligations under the Lent Ranch SPA zoning,
general plan and SPA EIR I decided that the best procedure was to amend
the existing Petition. No responsive pleading by any Respondent or
Defendant had been filed. The environmental claims asserted in the
amended complaint arise from
i. City's failure to hold hearings to amend the SPA and SPA's affected
environmental impacts so as to allow the changes in use anticipated
by Boyd and the Tribe; and
ii. City's
Preview
[Exempt From Filing Fee Government Code § 6103] 1 MONA G. EBRAHIMI, State Bar No. 236550 mebrahimi@kmtg. com 2 LESLIE Z. WALKER, State Bar No. 249310 lwalker@kmtg.com 3 KRONICK, MOSKOVITZ, TIEDEMANN"«fe GIRARD A Professional Corporation 4 400 Capitol Mall, 27* Floor Sacramento, California 95814 5 Telephone: (916) 321-4500 Facsimile: (916) 321-4555 6 JONATHAN P. HOBBS, State Bar No. 186045 7 City Attorney jhobbs@elkgrovecity.org 8 JENNIFER A. ALVES, State Bar No. 238723 Assistant City Attorney 9 jalves@elkgrovecity. org SUZANNE E. KENNEDY, State Bar No. 251339 10 Assistant City Attorney skennedy@elkgrovecity. org 11 CITY OF ELK GROVE Office of the City Attorney 12 8401 Laguna Palms Way Elk Grove, California 95758 13 Telephone: (916) 683-7111 Facsimile: (916)627-4100 14 Attorneys for Respondent and Defendant CITY 15 OF ELK GROVE 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 17 COUNTY OF SACRAMENTO 18 STAND UP CALIFORNIA!; PATTY Case No. 34-2016-80002493 JOHNSON; and JOE TEIXEIRA, 19 DECLARATION OF MONA G. Petitioners and Plaintiffs, EBRAHIMI IN SUPPORT OF 20 RESPONDENT AND DEFENDANT CITY OF E L K GROVE'S DEMURRER TO 21 PETITIONERS AND PLAINTIFFS' CITY OF ELK GROVE, VERIFIED AMENDED PETITION FOR 22 WRIT OF MANDATE AND COMPLAINT Respondent and Defendant. FOR DECLARATORY R E L I E F 23 ELK GROVE TOWN CENTER, LP; Judge: Hon. Shellyarme W.L. Chang 24 HOWARD HUGHES CORPORATION; and Date: June 2, 2017 DOES 1-20, Time: 11:00 a.m. 25 Dept.: 24 Real Parties in Interest and 26 Defendants. Petition Filed: November 23, 2016 27 /// 28 /// . 1559592.1 10784-236 1 DECLARATION OF MONA G. EBRAHIMI IN SUPPORT OF CITY'S DEMURRER TO PETITIONERS AND PLAINTIFFS' VERIFIED AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT 1 I, Mona G. Ebrahimi, hereby declare as follows: 2 1. ' I am an attorney licensed to practice before all of the courts in the State of 3 California. I am a shareholder at the law firm of Kronick, Moskovitz, Tiedemann & Girard, 4 attorneys of record for Respondent and Defendant CITY OF ELK GROVE ("City"), in the above- 5 captioned action. I make this Declaration in support of City's Demurrer to Petitioners and 6 Plaintiffs Stand Up California!, Patty Johnson and Joe Teixeira's ("Petitioners") Verified 7 Amended Petition for Writ of Mandate and Complaint ("Amended Petition"). I have personal 8 knowledge of the following facts and if called upon to testify, I could and would competently do 9 so. 10 2. On March 27, 2017, following a settlement meeting for the above-referenced 11 action, I contacted Brigit S. Barnes, counsel for Petitioners, and Scott Pearson, counsel for Elk 12 Grove Town Center, L.P., Howard Hughes Corporation ("Real Parties in Interest"), to schedule a 13 meet and confer teleconference regarding City's objections to the Amended Petition, in 14 accordance with Code of Civil Procedure section 430.41. The meet and confer conference was 15 scheduled for April 12, 2017. A true and correct copy of the March 27, 2017 email is attached 16 hereto, as Exhibit A. 17 3. Resultingfi-omthe settlement meeting, the parties stipulated to a briefing and 18 hearing schedule for the City's Demurrer to the Amended Petition, which stipulation was adopted 19 by the Court on April 7, 2017. A true and correct copy of the March 27, 2017 email is attached 20 hereto, as Exhibit B. 21 4. On April 12, 2017 at approximately 11:10 a.m., I, along with Leslie Z. Walker of 22 my office, Jonathan P. Hobbs, City Attorney for the City of Elk Grove, telephoned Ms. Barnes and 23 Mr. Pearson to meet and confer to determine if we could agree to resolve any of the City's 24 objections to the Amended Petition. During that call, which lasted nearly one hour, I identified all 25 of the specific causes of action that the City believes are subject to demurrer and identified 26 statutes and case citations supporting the basis of the deficiencies in the Amended Petition. A true 27 and correct copy of the April 12, 2017 email confirming the conference call is attached hereto, as 28 Exhibit C. 1559592.1 10784-236 2 DECLARATION OF MONA G. EBRAHIMI IN SUPPORT OF CITY'S DEMURRER TO PETITIONERS AND PLAINTIFFS' VERIFIED AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT 1 5. During the meet and confer, Ms. Barnes provided no authority for her Amended 2 Petition, but provided an email following the call providing a copy of a letterfi-omCongressman 3 Bishop, a directivefi-omthe Acting Assistant Secretary of Indian Affairs from the Department of 4 Interior, dated April 6, 2017, and a chart prepared by an unidentified source. A true and correct 5 copy of the April 12, 2017 eriiail containing these documents is attached hereto, as Exhibit D. 6 6. During the meet and confer, Ms. Barnes agreed to provide the balance of her legal 7 authority not later than April 19,2017. 8 7. On April 20, 2017, Ms. Barnes sent me an email requesting clarification of the 9 authorities cited during the meet and confer and agreeing that "there is no factual connect between 10 the basis for CEQA challenges in the Petition filed November 23 [no CEQA re Amended DA], 11 and the Amended Petition." I provided this clarification, and did not receive any legal authority to 12 support Petitioners' Amended Complaint. A true and correct copy of the April 20,2017 email is 13 attached hereto, as Exhibit E. 14 8. On April 25, 2017, Ms. Barnes sent me an email which attached an "interoffice 15 memorandum" providing the balance of Petitioners' response to the issues raised by me during the 16 meet and confer, and again attaching a chart depicting Petitioners' authority for the Amended 17 Petition. A true and correct copy of the April 25, 2017 email and attachments is attached hereto, 18 as Exhibit F. 19 9. On April 28,2017,1 responded to Ms. Barnes' April 25, 2017 email by stating that 20 I was not persuaded by the interoffice memorandum provided by Ms. Barnes. Because the parties 21 were unable to reach an agreement to resolve the City's objections to the Amended Petition, the 22 City would proceed with filing the demurrer. A true and correct copy of the April 28, 2017 email 23 is attached hereto, as Exhibit G. 24 I declare under penalty of perjury under the laws of the State of California that the foregoing is 25 true and correct to the best of my knowledge. 26 Executed on this 3rd day of May 2017 at Sacramento, California. 27 28 )na Subject: RE: Meet and Confer: Demurrer [IWOV-DOCS.FID408353] At the present time it is open after 9:30 Mona. Also, going over schedule for hearings, please ensure the demurrer is delivered by 9:00 on IT^*^ of April, not 6:00 p.m. thanks. Brigit Barnes Brigit S. Barnes & Associate, Inc. Real Estate, Land Use & Asset Preservation 3262 Penryn Road, Suite 200 Loomis, CA 95650 (916)660-9555 Fax: (916) 660-9554 Email: bsbarnes@landlawbybarnes.com Far and away the best prize, that life offers is the chance to work hard at work worth doing. Theodore Roosevelt, 1903. THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE MAY BE ATTORNEY-CLIENT PRIVILEGED AND CANNOT BE FORWARDED BY THE RECIPIENT TO ANY OTHER PARTY WITHOUT THE PRIOR CONSENT OF THE SENDER. The information is intended only for the individual(s) to whom this message is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this electronic communication or any attachment thereto is strictly prohibited. If you have received this electronic communication in error, you should immediately return it to us and delete the message from your system. We would appreciate it if you would telephone us at (916) 660-9555, Noreen, to advise of the misdirected communication. Thank you. From: Ebrahimi, Mona G. [mailto:mebrahimi@kmtg.com] Sent: Monday, March 27, 2017 11:53 A M To: bsbarnes@landlawbybarnes.com Cc: Jonathan Hobbs; May, Elizabeth ; Walker, Leslie ; 'Pearson, Scott M . ' ; Elk Grpve_ City of_Stand Up California_ v_ City of Elk Grove Emails Subject: Meet and Confer: Demurrer [IWOV-DOCS.FID408353] Brigit, Are you available on April 12"" t o meet and confer regarding the demurrer? If so, what times between 11:00 am -3:00 p.m. work best for you? Thanks, Mona EXHIBIT B May, Elizabeth From: Ebrahimi, Mona G. Sent: Monday, March 27, 2017 1:07 PM To: 'Pearson, Scott M.'; Jonathan Hobbs; Jennifer Alves Cc: May, Elizabeth Subject: Proposed Draft Stipulation Attachments: 1554060 l.docx Please let me know if you have any changes to the attached stipulation before I circulate it for signature. Thanks, Mona [Exempt From Filing Fee Goverument Code § 6103] 1 MONA G. BBRAHMI, State Bar No. 236550 mebrahimi@kmtg. com 2 LESLIE Z. WALKER, State Bai- No. 249310 Jwcdkzr@Jcmtg. com ' Frs.' 'yh '5 r ic n 3 KRONICK, MOSKOVITZ, TIEDEMANN & ODRARD II I A Professional Coicporadoa 4 400 Capitol MaU, 27"" Floor Sacramento, Caliibrnla 95814 APR - 7 2017- 5 Telephone: (916) 321-4500 FacsWe: (916) 321-4555 6 By E. Higginbotham, Dopiity Clerk JONATHAN P. HOBBS, State Bar No. 186045 7 City Attorney Jhobbs@elkgrovecity. org 8 JENNIFER A. ALVES, State Bai- No. 238723 Assistant City Attorney 9 falves@encgrovecity.org SUZANNE E. KENNEDY, State Bar No. 251339 10 Assistant City Attorney sIcennedy@eikgrovecity,org 11 CITY OF ELK GROVE Ofi&ce of the City Attorney 12 8401 Laguna Palms Way Ellc Grove, California 95758 13 Telephone: (916) 683-7111 Facsimile: (916)627-4100 14- Attomeya for Respondent and Defendant CITY 15 OF ELK GROVE 16 SUPERIOR COURT OF THE STATE OF CAUFORNIA 17 COUNTY OF SACRAMENTO 18 STAND UP CALIFORNIAI; PATTY Case No. 34-2016-80002493 JOHNSON; and JOE TEDffiIRA, 19 STIPULATION AND -pftea^^SM)] Petitioners and Plaintiff, ORDER SETTING BRIEFING AND 20 HEARING SCHEDULE FOR DEMURRER TO AMENDED 21 PETmON/COMPLAINT FOLLOWING MANDATORY SETTLEMENT 22 CITY OF ELK GROVE, CONFERENCE PURSUANT TO PUB. Respondent and Defendant RES. CODE SEC. 2X167.8 23 24 ELK GROVE TOWN CENTER, LP; 25 HOWARD HUGHES CORPORAHON; and DOES 1-20, 26 Real Parties in Interest and 27 Defendants, • 28 1334060,2 l0784-23(i- SWPULATrON AND [PROPOSED] ORDER SBTTINO BRIBPrNG AND HEAUmO SCHEDULE FOR DEMURRER TO AMENDED PETmON/COMPLAINT FOIXOWINQ MANDATORY SETTLEMENT CONFERENCE 1 Pursuant to California Public Resources Code section 21167.8, on March 27,2017 at 10;00 2 a.m. at the at the law offices of Kronick, Moskovitz, Tiedemann and Qirard, located at 400 Capitol 3 Mall, 27th Floor, Sacramento, California, a settlement meetkg was held in tiie above-refereaced 4 action. 5 Resulting fcom the mandatary settlmient conference and subsequent communioatipns, the 6 parties in the above-referenced action, by and through their respective counsel of record, hereby 7 stipulate to set the briefing and hearing schedule on the City of Elk Grove's ("City") and Real 8 Parties in Interest, EUc Grove Town Center, LP, and Howard Hughes Coiporatlon's ("Real 9 Pertie3"),demurcer on Potitloaers and Plaititiffe' Verified Amended Petition for Writ of Mandate 10 and Complaint, ^follows; 11 The City, and Real Parties in Interest, shall file their demurrer; 12 memorandum of points and authorities, and all other documents in support 13 of the demurrer ("demun'er"), no later than May 8 ,2017; 14 / Petitioners, Patty Johnson, Joe Tebceira, Omar Ahmed Jr., Xin Quo; and 15 Carolyn Soares ("Petttipners") shallfiletheir opposition to the demuirer no 16 later than May 18,2017; .17 The City and Real Parties in Interest shall file thek reply brlefi no later than 18 May.26,2017; 19 y. Tiie hearing on the City's motion for Demurrer has been set byttieCourt ' 20 for June 2,2017 at 11:00 am. ' 21 AU parties stiptilate that Ihey shall accept sendee of process of all briefs and supporting 22 papers in this case by serving all parties byfecsimileor e-maii on or before 6:00 pjn. on the day 23 of thefilingdeadline, set above. The above-referenced briefing schedule is establishedforthe 24 demurrer and shall befixed,with no additional time allotted for service of brie& and supporting 25 materials for seivice by fkosimile or e-mail. 26 /// 27 /// 28 III lS340S0.a 10784-236 . 9 STIPULATION AND [PROPOSED] ORDER SETTING BRIBFINQ AND HEARING SCHEDULE FOR DEMURRER TO AMENDED PETITION/COMPLAINT FOLLOWING MANDATORY SBTTLPN4^NT CONPHRENCB IT IS SO STIPULATED: 2 Dated: M a r c h ^ . 2017 BRIGIT S, BARNES & ASS0CIATES, INC 3 4 5 /Brigit SJBame t Attoiadys for Petitioners and Plaintiffs PATTY 6 JOHNSON; JOE TEIXEIRA; OMAR AHMED, JR.; XIN GUO; AND CAROLYN SOARES 7 Dated: March ,2017 KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD 8 A Professional Coiporation 9 10 By: Mona G. Ebrahimi 11 Attorneys for Respondent and Defendant CITY OF ELK GROVE 12 13 BALLARD SPAHR LLP Dated: March 2017 14 15 By: 16 Scott M, Pearson i Attorneys for Real Parties In Interest ELK 17 GROVE TOWN CENTER, LP; HOWARD HUGHES CORPORATION 18 19 20 ORDER 21 Upon review of the Stipulation setting briefing and hearing schedule, the Court hereby 22 the Stipulation, including the briefing and hearing schedule, and other terms set forth 23 above. The hearing on tiie merits for the foregoing demurrer motion is set ^or:SMt^9 '2,2017 at 24 11 ;00 a,m. in Department 24. ' 25 26 Dated; _,2017 27 JUDGE OF THE SACRAMENTO SUPERIOR COURT 28 ISS40«0.2 10784-236 STIPULATION AND [PROPOSED] ORDER SBTTINO BRIEFING AND HEARING SCHEDULE FOR DEMURRER TO AMENDED PBTITION/COMPLAINT FOLLOWING MANDATORY SETTLEMENT CONFERENCE 1 IT IS SO STIPULATED: 2 Dated: March ,2017 BRIGIT S. BARNES & ASSOCIATES, INC. 3 4 By: . Brigit S. Bai'nes 5 Attorneys for Petitioners and Plaintiffs PATTY 6 JOHNSON; JOE TEIXEIRA; OMAR AHMED, JR.; XIN GUO; AND CAROLYN SOARES 7 Dated: Mai-ch 3D , 2017 KRONICK, MOSKOVITZ. TIEDEMANN & GIRARD 8 A Professional Corporation 9 10 11 By: a oiifa G, Ebrahimi Attorneys for Respondent and Defendant CITY OF ELK GROVE 12 13 Dated: March ,2017 BALLARD SPAHR LLP 14 15 By: 16 Scott M, Pearson Attorneys for Real Paities In Interest ELK 17 GROVE TOWN CENTER, LP; HOWARD HUGHES CORPORATION 18 19 20 ORDER ( 21 Upon review of the Stipulation setting briefing and heaiing schedule, the Couit hereby, 22 adopts the Stipulation, including the briefing and hearing schedule, and other teims set forth 23 above. The heaiing on the merits for the foregoing demuiTer motion is set for June 2,2017 at 24 11:00 a.m, in Depai'tment 24. 25 26 Dated: _, 2017 27 JUDGE OF THE SACRAMENTO SUPERIOR COURT 28 1554060.2 10784-236 STIPULATION AND [PROPOSED] ORDER SETTINQ BRIEFING AND HEARING SCHEDULE FOR DEMURRER TO AMENDED PETITION/COMPLAINT FOLLOWING MANDATORY SETTLEMENT CONFERENCE 1 IT IS SO STIPULATED: 2 Dated: March ,2017 BRIGIT S. BARNES & ASSOCIATES, INC. 3 4 By: • Brigit S, Barnes 5 Attorneys for Petitioners and Plaintiffs PATTY 6 JOHNSON; JOB TEIXEIRA; OMAR AHMED, JR,; XIN QUO; AND CAROLYN SOARES 7 Dated: March 2017 KRONICK, MOSKOVITZ, TIEDEMANN & QIRARD 8 A Professional Corporation 9 10 By: Mona O, Bbrahlnii 11 Attorneys for Respondent and Defendant CITY OFELKOROVB 12 13' BALLARD SPAHR LLP Dated: March ZL,2017 14 15 By: 16 SootyM. I'earson Attorneys for Real Parties In Interest ELK 17 GROVE TOWN CENTER, LP; HOWARD HUGHES CORPORATION. 18 19 20 ORDER 21. Upon review of the Stipulation setting briefing and hearing schedule, the Court hereby 22 adopts the Stipulation, Including the briefing and hearing schedule, and other teiins set forth 23 above. The hearing on tlie merits for the foregoing demumr motion ia set for iTxinB-'Z, 2017 at 24 11:00 a,m. in Department 24, 25 26 SHELLEYANNE W.L. CHANG Dated: _.20I7 27 JUDGE OF THE SACRAMENTO SUPERIOR COURT 28 lSMOCO.i 10784-231; STIPULATION AND [PROPOSEDl ORDER SETriNO BRIBFINO AND HEARING SCHEDULE FOR DEMURRER TO AMENDED PETITION/COMPLAINT FOLLOWING MANDATORY SETTLEMENT CONPERENCE 1 PROOF OF S E R V I C E 2 STATE OF CALIFORNIA, COUNTY OF SACRAMENTO 3 At the time of service, l was over 18 years of age and not a party to this action. I am employed in the County of Sacramento, State of California, My business address is 400 Capitol 4 Mall, 27th Floor, Sacramento, CA 95814. 5 On April 12, 2017,1 served true copies of the following document(s) described as STIPULATION AND ORDER SETTING BRIEFING AND HEARING SCHEDULE FOR 6 DEMURRER TO AMENDED PETITION/COMPLAINT FOLLOWING MANDATORY SETTLEMENT CONFERENCE PURSUANT TO PUB. RES. CODE SEC. 21167.8 on the 7 interested parties in this action as follows: 8 S E E ATTACHED S E R V I C E L I S T 9 BY E-MAIL OR ELECTRONIC TRANSMISSION: I caused a copy of the document(s) to be sent from e-mail address dclark@lcmtg.com to the persons at the e-mail 10 addres.ses listed in the Sei-vice List. The document(s) were transmitted at or before 5:00 p.m. 1 did not receive, within a reasonable time after the transmission, any electronic message or other 11 indication that the transmission was unsuccessful. 12 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. , 13 Executed on April 12, 2017, at Sacramento, California. 14 15 16 Deborah Clark 17 18 19 20 21 22 23 24 25 26 27 28 1523002.1 • 107R4-23<; 1 PROOF OF SERVICE SERVICE LIST Brigit S. Barnes Jonathan P. Hobbs, City Attorney Annie R. Embree Jennifer A. Alves, Asst. City Attorney Brigit S. Barnes & Associates, Inc. Suzanne Kermedy, Asst. City Attorney 3262 Penryn Road City of Elk Grove Loomis, CA 95650 Office of the City Attorney Telephone: (916)660-9555 8401 Laguna Palms Way Facsimile: (916)660-9554 Elk Grove, CA 95758 Email: bsbarnes@landlawbybarnes.com Telephone: (916) 683-7111 arembree(allandlawbvbanies.com Facsimile: (916)627-4100 Email: jhobbs@elkgrovecity.org Attorneys for Petitioners and Plaintiffs j alves@elkgrovecity. org skennedv@elkgrovecitv.org Attorneys for Respondent and Defendant 10 Scott M. Pearson 11 Taylor R. Steinbacher Ballard Spahr LLP 12 2029 Century Park East, Suite 800 Los Angeles, CA 90067-2909 13 Telephone: (424) 204-4323 Facsimile: (424)204-4350 14 Email: pearsons@ballardspahi'.com steinbachert@ballardspalTr.com 15 Attorneys for Real Parties in Interest and 16 Defendants 17 I 18 19 20 21 22 23 24 25 26 27 28 1523002.1 10784-236 PROOF OF SERVICE EXHIBIT C THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE MAY BE ATTORNEY-CLIENT PRIVILEGED AND CANNOT BE FORWARDED BY THE RECIPIENT TO ANY OTHER PARTY WITHOUT THE PRIOR CONSENT OF THE SENDER. The information is intended only for the individual(s) to whom this message is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this electronic communication or any attachment thereto is strictly prohibited. If you have received this electronic communication in error, you should immediately return it to us and delete the message from your system. We would appreciate it if you would telephone us at (916) 660-9555, Noreen, to advise of the misdirected communication. Thank you. From: Ebrahimi, Mona G. [mailto:mebrahimi@kmtR.com1 Sent: Wednesday, April 12, 2017 11:09 A M To: bsbarnes@landlawbvbarnes.com Subject: RE: Meet and Confer re: Demurrer Participant Code: 8409# Dial-in no.: (916) 520-2975 ' F r o m : bsbarnes(Silandlawbybarnes.com ["mailto:bsbarnes(g)landlawbybarnes.com1 S e n t : Wednesday, April 12, 2017 11:08 AM T o : Ebrahimi, Mona G. S u b j e c t : RE: Meet and Confer re: Demurrer I m p o r t a n c e : High It did not come up on calendar sorry I was on another conference call. What number should I call in Brigit Barnes Brigrt S;,BarriiK &/^ociates, Inc. Real Estate,: tatnd tfse.& Asset Preservation 3282 Periryn Road. SuHe 200 Loomis. GA 95650 (916) 660T9555 Fax (916) 660^9554 Email; bstfflrnes@landlawk>ybarnes.com Fariand'awayttie best prize that life offers is the chance to worK hard at .work worth doir>g. Theodore Roosevelt. 1903; THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE MAY BE ATTORNEY-CLIENT PRIVILEGED AND CANNOT BE FORWARDED BY THE RECIPIENT TO ANY OTHER PARTY WITHOUT THE PRIOR CONSENT OF THE SENDER. The information is intended only for the individual(s) to whom this message is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this electronic communication or any attachment thereto is strictly prohibited. If you have received this electronic communication in error, you should immediately return it to us and delete the message from your system. We would appreciate it if you would telephone us at (916) 660-9555, Noreen, to advise of the misdirected communication. Jhank you. From: Ebrahimi, Mona G. [mailto:mebrahimi(5)kmtg.coml Sent: Wednesday, April 12, 2017 11:06 AM To: bsbarnes@landlawbvbarnes.com Subject: Meet and Confer re: Demurrer Importance: High Hi Brigit, We are all holding on the line for you. You had accepted the meeting request previously, so I'm assuming you're still participating. Mona EXHIBIT D Clark. Debbie To: Ebrahimi, Mona G. Subject: RE: April 6 Fee to Trust acquisition reviews From: bsbarnes@landlawbvbarnes.com [mailto:bsbarnes@landlawbvbarnes.com1 Sent: Wednesday, April 12, 2017 12:27 PM To: Ebrahimi, Mona G. : John Hobbs (ihobbs@elkgrovecitv.org) ; Scott M. Pearson - Ballard Spahr LLP (PearsonS@ballardspahr.com) Subject: April 6 Fee to Trust acquisition reviews Importance: High The second memorandum is the one I was specifically mentioning to you. The Bishop letter you may have seen before. Brigit Barnes Brigit S. Barnes :& Associates, Inc. Real Estat^, Land Use & Assiet f^esetvaHon 3262:PeMiryn Road. Suil^^ Loorhfe. G A 9I5650 (916) 660-9555 Fax: (916) 660-9554 Email: bsbafnes@landlawbvbames.com Far and ayvay the best prize that life offers is the chance to >Y0rt< hard at .worti wpith doing. ;Thebdpfe Roosevelt. 1903; THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE MAYBE ATTORNEY-CLIENT PRIVILEGED AND CANNOT BE FORWARDED BY THE RECIPIENT TO ANY OTHER PARTY WITHOUT THE PRIOR CONSENT OF THE SENDER. The information is intended only for the individual(s) to whom this message is addressed. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this electronic communication or any attachment thereto is strictly prohibited. If you have received this electronic communication in error, you should immediately return it to us and delete the message from your system. We would appreciate it if you would telephone us at (916) 660-9555, Noreen, to advise of the misdirected communication. Thank you. ROB BISHOP OF UTAH "'^'^^JiS^^j^^^^^ CHAimAN RANKING MEMBER JASON KNOX . DAVID WATKINS , C[l0mniittee on HaturallEejsoumH February 15,2017 The Honorable James E. Cason Acting Deputy Secretary U.S. Department of the Interior Department of the Interior 1849 G Street, N.W, Washington, DC 20240 Peiar Seeretaty Gason: I am writing to express my concern regarding a number of determinations and discretidhary actions made by the Department of the Interior in the last days of the Obaina Administration and, in the weeks since Prei^ident Donald J. Trump took office, by agency heads in "acting" roles designated, by President Obama. I respectfully ask that in accordance with applicable law and regulation you freeze or suspend the effectiveness of such determinations and actions xintil each has been thoroughly examined and resolved on its merits, unless a determination or action is inherently related to the protection of public health arid safety. Any legal opinion in support of any action shoidd be scrutinized as well becavise of the precedent it may set forfotiireactlor^ While the full range of troubling determinations and actions are not yet known, Committee staff has identified several exatiiples of last-miriute approvals of Indian casinos located outside existing reservations. In one case, Acting Assistant Secretary for Indian Affairis Michael S. Black approved' a feerto-trust application for a casino even though his immediate predecessor, then-Deputy Assistant Secretary Lawrence Roberts, was a^yare of allegations of confliets-of-interest involving Bureau of Indian Affairs* (BIA) processing of the application. lii ainother case, a decision Avas made oyer the objection of ptiier Indian tribes. In addition, the discretionary approvals of other potentially controversial off-reservation casinos were made in tlie waning hours of the Obama Adininisti ation. While the last-minute nature of &ese actions does not necessarily imply wrongdoing, it begs scrutiny, especially as the decisions were rendered with little or no transparency and with no notification to the Committee on Natural Resources many of whose Members are on record expressing concerns with off- resei'vation gambling. ' Letter-fiom Michael S. Block, Acting Assistant Secrotary—Indian Affcirs, to Jennifer MacLcaii, Perkins Cpie, dated Febtutiry 10,2017. ' httpV/nstu ralresoijrcas.house.gov Acting Deputy Secretary Cason February 15,2017 Page 2 If an examination of a Departmental determination, action, or legal opinion reveals it was or may have been influenced by political or personal consideraitionSi or done without a fair consideration 6f the affected interests (including but: not limited to taxpayers, state and local governments, recognized: Indian tribes, private landowners, and those who use of public land in accordance \yith the law)i then it should be reversed. There is precedent for the reversal of last- minute actions iTiade by an outgoing administration's personnel following an investigation.^ Thank you for your coiisi deration of this request. Sinceriely, Rob Bishop Chairman Committee on Natural Resouirces ^ Several positive-recognition decisions were reversed by Secretary Gale Norton after the IJ;S. Department of the Interior Office of Inspector General discovered miscoadiictby Gliiaton Administration ofScials. See hwestigative Report: AHagdHons Jn-\>olving Irregularities in the Tribeii Recognition Pi qcess and Concerns Related to Indian Gaining. Report No. 01-1-00329, Febtuaiy 2002! United States Department of the Interior . OFFICli 01^' THE SECRETARY Wasiiingcon. DC 20240 APR 0 6 2017 'l!b: All Regional Directors From: Acting Assistant Secretaiy - Indian Aifaj Subject: Delegated Authority for Off-Reservation Fee to Trust Decisions Effective immediately, the delegated authority For olT-resei valion land-inlo-liusl acquisitions under 25 CFR § 151.1! will lie with the Acting Assistant Secretary - Indian Affairs (AS-IA). hi addition, delegated authority for off-reservation land-into-trusl decisions for gaming will lie with the Acting Deputy Secrctai-y for the Department of the Interior. Upon I'eceipt of an application subject to the regulations under part 151.11, Regional Directors are hereby directed to provide immediate notice to the AS-IA of such application. After notification to the AS-IA of an oi^-reservation non-gaming application. Regional Directors will be responsible for completion of Steps 1 through 9 under section 3.1.2 of the Fee-to-Trust Handbook as tbilows: Step 1: Encoding the Fee-to-'I'rust Systein of Record Step 2: BIA Review of the Written Request or Application Step 3: Responding to an Incomplete Written Request or Application Step 4: Conducting Site Inspection and Completing Initial Cei tificale of In.spection Step 5: Preparing the Preliminary Title Opinion (PTO) Step 6: Preparing Notice of Apjilication (NOA) Step 7: Envii'onmental Compliance Review Step 8: Comments to Notice of Application Step 9: Clearance of PTO Objections before Notice of Decision (NOD) Upon completion of Step 9, Regional Director shall submit the application and all work completed through Step 9 to my Office for completion of Stcp.s 10 thru 13 as follows: Step 10: Preparing Analysis and Notice of Decision (NOD) Step 11: Preparing the Publication Notice Step 12: Preparing Final Certificate of Inspection and Possession (CIP) Step 13: Acceptance of Conveyance If the decision is made to approve the request, it will be returned to the Regional Director for corhpletion of Steps 14 thru 16 as follows: Step 14: Final Title opinion and Recordation Step 15: Recording at Land Tities and Records Office Step 16: Completed Application Package If the decision is made to deny the request, it vn\l be returned to the Regional Director for archiving and notification to the applicant tiibe. STEP ONE: TRUST DECISION The Secretary's decision to approve or deny a request shall be in writing and state the reasons tor the decision. . 25C.F.R. § 151.12(b). Non-Final Trust Decisions Final Trust Decisions "A decision made by a BIA official ... is not a final agency 'A decision made by the Secretar>', or the Assistant Secretary - action of the Department under 5 U.S.C. 704 until Indian Affairs ... is a tinal agency action under 5 U.S.C. 704 administrative remedies are exhausted under part 2 of this upon issuance." . chapter or until the time for filing a notice of appeal has 25 C.F:R. § 151.12(c> expired and no administrative appeal has been filed" 25 C.F.R. § 151.12(c). sJi%iltdhf©eci§ioWN®^^^^i^^ Notice Required tor Non-Final Decisions Notice Required for Final Decisions Promptly provide written notice of decision and the right to file an administrative appeal ... by mail or personal delivery to: Promptly publish in the Federal Register a notice of the decision to acquire land in trust under.this part Interested parties and state and local governinents having regulatory jurisdiction 25 C.F.R. § 15I.I2(c)(2)(ii) Promptly publish a notice in a newspaper of general circulation and the right to file an administrative appeal 25 C.F.R. § 151.12(d)(2) Administrative Appeal Process o a » Interested parties have 30 days to appeal (usually to IBIA), beginning on: The date of receipt of written notice or the date of first publication of notice for unknown interested parties , Any party v^'ho wishes to seekjudicial review of an official's decision must first exhaust administrative remedies .Judicial Review Immediately available for decisions issued by the Secretary or Assistant Secretary For decisions inade by other BIA officials, only available after administrative remedies are exhausted 2- STEP TWO: ACQUISITION OF LAND IN TRUST Title to land cannot be acquired in trust until the decision is final for the Department—i.e., upon issuance when by the Secretary or the Assistant Secretary or after IBIA resolution when by other BIA officials. 25 C.F.R. § I51.l2(c)(2)(iii). (d)(2)(iv) ^ ^ Title Review The Tribe must provide title evidence (deed or other conveyance instrument providing evidence of the applicant's title) and either: (1) current title insurance commitment or policy of title insurance and an abstract of title dating from the time the policy of title insurance was issued to the applicant or current owner to the present; or (2) title evidence meeting the title standards issued by the U.S. Department of Justice. The Secretary is required to notify the applicant of any liens, encumbrances, or infirmities he has identified and require their elimination prior to taking final approval action on the acquisition. If any terms make title to the land unmarketable, the Secretaiy shall require their elimination prior to such approval. 25C.F R. 5 151.13 Formalization of Acceptance Formal acceptance of land in trust status shall be accomplished by the issuance or approval of an instrument of conveyance by the Secretary as is appropriate in the circumstances. 25 C.F.R. § 151.14 Clark, Debbie To: Ebrahimi, Mona G. Subject: RE: Meet and Confer re: Demurrer From: bsbarnes@landlawbvbarnes.com [mailto:bsbarnes@landlawbvbarnes.com] Sent: Wednesday, April 12, 2017 1:56 PM To: Ebrahimi, Mona G. Cc: John Hobbs (ihobbs@elkgrovecitv.org) : Scott M. Pearson - Ballard Spahr LLP (Pearson$@ballardspahr.com) Subject: RE: Meet and Confer re: Demurrer Importance: High Dear Mona: Apropos of our discussion regarding the meet and confer hearing we held today, I want to clarify two points: first of all your multiple references to CC? 430.75 are misplaced. Such section is not identified in the Code of Civil Procedure. However 430.41 upon which you relied is on point. The relevant section I should like to discuss with you is (a)(1) and (a)(2). The sections mandate that demurring parties meet and confer to determine whether amendments can be resolved voluntarily making the demurrer unnecessary, and makes it mandatory that the demurring party identified the specific causes of action and the deficiencies, and the plaintiff respond. These sections do not state that responses are mandated to be immediate, and explicitly refers to a process, (a)(2) provides that the meet and confer occur at least five days before the responsive pleading is due, and that if the parties have not been able to conclude the process the demurring party is entitled to an automatic 30- day delay in filing. Since I have never suggested that you could not have more time your assertions today that I must respond to you immediately, or at least by the 17^^ is not supported by the statute. As I stated since you began and ended your summary of deficiencies with the idea that the property has been taken into trust and therefore the City and EGTC have lost any jurisdiction, and that even if petitioners are correct that the City and EGTC had obligations it failed to meet, no relief can be obtained from this court because the property has been taken into trust, I proposed a possible resolution. I proposed that petitioners and city and RPI agree with the court's approval of a delay in any pleadings on the existing case pending any decisions made by Interior as to the validity of Black's decision which may affect trust status. You were all to consider this possibility. Additionally Scott on behalf of RPA asked whether I would consider a dismissal of this case without prejudice to bring it again, with a tolling agreement. I will look at this option, however, such an agreement would have to receive concurrence of the court and confirmation by all parties that all statutes of limitation, including any and all jurisdictional statutes, would need to be tolled. r.urge you to understand that there is a timeline which affects petitioners' claims: (1) Before efforts to transfer the property to the Tribe and Dept. of Interior and (2) After. I am including for you a preliminary summary of arguments as to why the Record of Decision re the Phase 2 property is not final, and therefore the property has not been formally taken into trust. On February 10] 2017, Grant Deed from Boyd Gaming Corporation and the Wilton Rancheria to the United States of America in Trust for the Wilton Rancheria for the Phase 2 property. February 10, 2017 The Department of Interior accepted the conveyance of the Phase 2 property from Boyd Gaming and the Wilton Rancheria, placing the property in Trust. I recognize that demurring parties are relying on the acceptance referenced above. Petitioners assert that the acceptance is not final and defective, have separately petitioned for review. Based on recent notices from the Department it appears that an internal agency review of Mr. Black's decision is ongoing, but that since Black's decision was issued less than the 30days required under federal statute, all appeals related to that decision have not run. Thus claims that the property is now absolutely exempt from regulatory control is premature at best. We further assert that even if the acceptance is inevitably confirmed. City and RPIs have breached numerous obligations to the public, as shown by the 12,000 certified referendum petition, when it took dctions to enable the above referenced transfer. I will follow up with an outline of arguments supporting this second assertion as well as responses to the other arguments you made on the phone today. Brigit Barnes Brigit S. Barnes:& Associates, Inc. Rea/ Estate, Land Use & Asset Preservation 3262 Penryn Road, Suite 1200 Loomis. GA 956i5b (916) 660-9555 Fax: (916) 660^554 Email: bsbame&@landlawijybames.c6m Far and away the best prtze, that life offers is the chance to work hafjd;8t.w^ Thebdor^e Roosevelt. 1903: D EXHIBIT E Ebrahimi, Mona G. From: bsbarnes@landlawbybarnes.com Sent: Thursday April 20, 2017 2:11 PM To: Ebrahimi, Mona G.; Scott M. Pearson - Ballard Spahr LLP (PearsonS@ballardspahr.com) Cc: John Hobbs (jhobbs@elkgrovecity.org); noreen@landlawbybarnes.com Subject: Follow up on discussions as meet and confer April 12 Importance: High Dear Mona and Scott: This email is to follow up on the portions of your issues for demurrer raised April 13 which address strictly procedural matters. 1. You assert that my failure under the original petition to request a hearing within 90 days entitles you to an absolute dismissal. I disagree with you for the following summarized reasons: a. The petition asserted the City's failure to review the 1^* amended DA under CEQA as its second cause of action. The first cause of action challenged the City's attempt to apply the 1 ^* Amended DA before the 30 day requirement, in light of the filed referendum petition. b. As you know, the court determined that because of the pending referendum any effort on our part to seek an injunction was at least premature, and probably moot. c. As you know, the petition was certified by the City Clerk in early January about 50 days after we filed the petition. The City repealed the ordinance on February 9, about 70 days after we filed the petition. At this point the CEQA claim in the petition then extant was functionally inadequate. Therefore seeking a hearing on a CEQA claim which was based on the adopted of the 1 amended DA made no sense. d. After reviewing the series of actions by which the City facilitated the transfer of property in violation of the 2014 DA, and City's manifest decision to abnegate its enforcement obligations under the Lent Ranch SPA zoning, general plan and SPA EIR I decided that the best procedure was to amend the existing Petition. No responsive pleading by any Respondent or Defendant had been filed. The environmental claims asserted in the amended complaint arise from i. City's failure to hold hearings to amend the SPA and SPA's affected environmental impacts so as to allow the changes in use anticipated by Boyd and the Tribe; and ii. City's