Preview
[Exempt From Filing Fee
Govern^pl^^l^e § 6103]
1 MONA G. EBRAHIMI, State Bar No. 236550 EMDORSED
mebrahithi@kmtg.com
2 LESLIE Z. WALKER, State Bar No. 249310 2BicDEC2l Fii (2: 39
/wfl/fer@fen/g. com
3 KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD GOSSO COURTHOUSE
A Professional Corporation CUi'ERIOR. COURT
4 400 Capitol Mall; 27*^ Floor OF CALIFOKfilA
SACRAMEHTO COUNTY
Sacramento, Califomia 95814
5 Telephone: (916) 321-4500 .
Facsimile: (916) 321-4555
6
JONATHAN P. HOBBS, State Bar No. 186045
7 City Attomey
jhobbs@elkgrovecity.org
8 JENNIFER A. ALVES, State Bar No. 238723
Assistant City Attomey
9 jalves@elkgrovecity.org
SUZANNE E. KENNEDY, State Bar No. 251339
10 Assistant City Attomey
skenhedy@elkgrovecity.org
11 CITY OF ELK GROVE
Office of the City Attomey
12 8401 Lagima Palms Way
Elk Grove, Califomia 95758
13 Telephone: (916) 683-7111
Facsimile: (916) 627-4100
14
Attomeys for Respondent and Defendant CITY
15 OF ELK GROVE
16 SUPERIOR COURT OF THE STATE OF CALIFORNIA
17 COUNTY OF SACRAMENTO
18
19 STAND UP CALIFORNIA!; PATTY Case No. 34-2016-80002493
JOHNSON; and JOE TEIXEIRA,
20 DECLARATION OF MONA G.
Petitioners and PlaintifTs, EBRAHIMI IN SUPPORT OF
21 OPPOSITION TO EX PARTE
APPLICATION FOR ORDER TO SHOW
22 CAUSE RE PRELIMINARY
CITY OF ELK GROVE, INJUNCTION AND TEMPORARY
23 RESTRAINING ORDER
Respondent and Defendant.
24 Date: December 22,2016
Time: 9:00 a.m.
25 ELK GROVE TOWN CENTER, LP; Dept.: 24
HOWARD HUGHES CORPORATION; and
26 DOES 1-20,
27 Real Parties in Interest and..
befendants.
28
1522536.1 10784-236 1
DECLARATION OF MONA G. EBRAHIMI IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION FOR
ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER
1 I, Mona G. Ebrahimi, hereby declare as follows:
2 1. I am an attomey licensed to practice before all ofthe courts in the State of
3 Califomia. I am a shareholder at the law firm of Kronick, Moskovitz, Tiedemann & Girard,
4 attorneys of record for Respondent and Defendant, the City of Elk Grove ("City"). I have personal
5 knowledge of the following facts and if called upon to testify, I could and would competently do
6 so. , •
7 2. On Friday, December 16,2016, at 2:17 p.m., I informed Brigit Bames, counsel for
8 Petitioners, Stand Up Califomia!, Patty Johnson, and Joe Teixeira (collectively, "Petitioners") that
9 the City recorded a "Notice Re First Amendment to Development Agreement" (the "Notice") with
10 the County of Sacrainento. Since the City did not have a conformed copy yet, I made assurances
11 by an e-mail at 2:44 p.m. that the Notice had been recordied and included a copy of the receipt
12 from the County. (See Exhibit A, attached hereto and incorporated herein.)
13 3. On Monday, December 19,2016, at 4:56 p.m., I provided a conformed copy of the
14 Notice to Ms. Bames. (See Exhibit B, attached hereto and incorporated herein.)
15 4. . On Monday, December 19,2016, between the hours of 7:32 p.m. to 8:11 p.m., I
16 received Petitioners' moving papers in support of the Ex Parte Application for Order to Show
17 C^use re Preliminary Injunction and Temporary Restraining Order from Ms. Bames. (See Exhibit
18 C, attached hereto and incorporated herein.)
19 5. On Monday, December 19,2016, at 10:49 p.m., I e-mailed with Ms. Barnes to
20 confinn that she had received the conformed copy of the Notice. (See Exhibit D, attached hereto
21 and incorporated herein.)
22 6. On Tuesday, December 20,2019, at around 9:18 a.m., I called Ms. Bames to
23 inquire whether she had received the conformed copy of the Notice. She explained to me that,
/ •.
24 while the recorded document was not referenced or included with her moving papers, she had
25 received it. Despite this, Ms. Bames informed me that she intended to proceed with the ex parte
26 ^plication.
27
28 Ill
1522536.1 10784-236 . 0
DECLARATION OF MONA G. EBRAHIMI IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION FOR
ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER
1 I declare under penalty of perjury under the laws of the State of California that the foregoing is
2 tme and correct to the best of my knowledge.
3 Executed on this 21 ^ day of December 2016 at Sacramento, Califomia.
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onaG.
Mona G. Ebrahimi
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1522536.1 10784-236
DECLARATION OF MONA G. EBRAHIMI IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION FOR
ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER
EXHIBIT A
Ebrahimi, Mona G .
From: Ebrahimi, Mona G.
Sent: Friday, Decemberie, 20162:17 PM
To: 'bsbarnes@landlawbybames.com'
Cc: Jonathan Hobbs; Scott M. Pearson
Subject: Recorded Suspension of DA and Ordinance
Attachments: Recorded DA suspension.pdf
Hi Brigit,
Attached is a copy of the document suspending the ordinance and development agreement amendment for Ell< Grove
Town Center, pending disposition of the referendum petition. This was signed by the City and recorded by the County
this morning.
I trust this will moot the need for the ex parte hearing next week. Please confirm.
Thanks,
Mona
OFFICIAL CIT\r BUSINESS
No recording fee
Govemment Code Section 6103
Recording Requested By and When
Recorded, Majl To:
CITY OF ELK GROVE
. Office of the City Clerk
8401 Laguna Palms Way
Elk Grove. CA 95758
SPACE ABOVE THIS UNE RESERVED FOR RECORDER S USE
NOTICE RE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT
(ELEC. CODE S 9237; GOV. CODE § 65868 5)
CrrY CONTROL NUMBER: EG-14-012A - Outlet Collection at Elk Grove
ASSESSOR'S PARCEL NUMBER: 134-1010-001 (portion OO
WHEREAS, on October 26, 2016, the City of Elk Grove CCity') adopted Ordinance No. 23-2016
(the "Ordinance") approving a First Amendment to the Development Agreement, between City of Elk
Grove and Elk Grove Town Center ("Development Agreement Amendment"); and
WHEREAS, on November 9, 2016, the Development Agreement Amendment was recorded with
the Sacramento County Recorder in Book 20161109 at Page 1118, amending the Development
Agreement recorded with the Sacramento County Recorder on November 13, 2014 in Book 20141113 at
Page 0840; and
WHEREAS, on Novemt>er 21, 2016, the City received a referendum petition, submitted pursuant
to Califomia Elections Code sections 9235 et seq., seeking to set aside the Ordinance and the
Development Agreement Amendment, which referendum petition, on its face, appears to contain the
requisite number of signatures of qualified voters for a referendum petitton, but remains sut)ject to
certification by the City.
NOW, THEREFORE, pursuant to Electtons Code section 9237, pending tha disposition of the
referendum petition, the effectiveness of the Ordinance and the Development Agreement Amendment is
suspended.
Date
Laura S. Gill
City Manager
City of Elk Grove
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIC CODE §1189
A notary public or other officer completing this certificate verifies only the identity of the individual who
. signed the document, to which this certificate is at^hed, and not the truthfulness, accuracy, or validity of;
that document
State of Califbmla )
Courity of Sacramento i)
On . • before me, J Notary Public personally
appeared ' who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity(ies), and that by his/herAheir signature(s) on the instrument the person(s), or entity upon behalf
of which the persQn(s) acted, executed the Instrument
I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing
paragraph is true and correct.
WITNESS, my hand and official seal.
Signature_ (Seal)
Ebrahimi, Mona G.
From: Ebrahimi, Mona G.
Sent Friday, December 16.2016 2:44 PM
To: 'bsbarnes@landlawbyt)arnes.com'
Cc Jonathan Hobbs; Scott M. Pearson
Subject: RE: Recorded Suspension of DA and Ordinance
Attachments: 0679_001.pdf
Unfortunately, the clerk did not bring a signed copy back when he took it to the County this morning, but the City is
asking for one. We likely wlll not obtain it until next week. In the meantime, you can rely on this email from me that the
document I provided to you was recorded today. I'm also attaching a copy of the receipt of the recording.
From: bsbames@landlawbvbames.com rmalltoibsbarnesaiandlawbvbames.comi
Sent: Friday, Decemberie, 2016 2:24 PM
To: Ebrahimi, Mona G.
Cc: Jonathan Hobbs; Scott M. Pearson
Subject: RE: Reconjed Suspension of DA and Ordinance
AAona - do you have a signed and recorded copy?
Brigit'Barnes
Brigit S. G(arn8S.&'Assoic^iles, Irte..
'Real-^sMe, Land f j s e i Asset PreservaHqn
3262 Pervyn Road, Sui(e 200
Loo'mis, tiA956S0
(916)66079555
Fax: (916) 660^9554
Email: bstNarnes@1andlawbyt)arnes.com
Far and away the best prize (hat life olfersis
ttie chariceto'wprk hard.at.woik wdnh dong.
Theodpre/RoMseveit; 1903.
n sa
THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE MA Y BE ATTORNEY-CLIENT PRIVILEGED AND CANNO
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 yeu have received this electronic communication in error, you should immediately retum it to us and delete the
message from yoursystem. We would appreciate It Ifyou would telephone us at (916) 660'S5SS, Noreen, to advise of the
misdirected communication. Thank you. '
From: Ebrahimi, Mona G. imailto:mebrahimi(S)kmtg.coml
Sent: Friday, December 16,2016 2:17 PM
To: bsbarnes@landlawbvbarnes.com
Cc: Jonathan Hobbs : Scott M. Pearson ballardsDahr.com>
Subject: Recorded Suspension of DA and Ordinance
Hi Brigit,
Attached is a copy of the document suspending the ordinance and development agreement amendment for Elk Grove
Town Center, pending.disposition ofthe referendum petition. This was signed by the City and recorded by the County
this morning. • •
I trust this wili moot the need for the ex parte hearing next week. Pjease confirm.
Thanks, '
Mona
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EXHIBIT B
Ebrahimi, Mona G.
Ebrahimi, Mona G. .
Sent: Monday, December 19, 2016 4:56 PM
To: 'bsbarnes@landlawbybarnes.com'; Jonathan Hobbs; Scott M. Pearson
Subject: RE: Standup California! et al v. City of Elk Grove
Attachments: Book20161216Page0447.pdf
Brigit,
Please see a copy of the recorded DA suspension, attached. This should moot the ex parte hearing you reserved for
Thursday. •
Thanks,
Mona
From: b$bames@landlawbybames.com [mailto:bsbames@landlawbybarnes.com]
Sent: Monday, December 19, 2016 2:38 PM .
To: Ebrahimi, Mona G.; Jonathan Hobbs; Scott M. Pearson
Subject: RE: Standup Califomia! et al v. City of Elk Grove
Importance; High
Sorry, that second issue got away from we. I am happy to agree to a settlement discussion,
either via phone or in person in late January. I propose that we wait for City Clerk certification
of the referendum and a formal decision by BIA related to City's notice re 1*^ Amendment to
DA before.we meet. We can assume that both of these issues will be determined by mid-
January,
Thanks.
Brigit'Bames
Bri^ S'.Bamtt.& Inc.
Rea/ Eslaie,'Lond.p.sei IfissfitPreservaSon
3262 Plenryn Road, Suiie205
Loomis,CA9S6S0
(916)660^9555
Fax: (91G) 666-9&54
Email: bsbamesSlandlawbybames^com
Far/and:away.the:best prize that life-offers s
lhe.chark«'t6 work hard:ta.work worth doing.
The<^ore Roos^vtifti 1903.
THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE MAY BE A TTORNEY-CUENT PRIVILEGED AND CANNO
BE FORWARDED BY THE RECIPIENT TO ANY OTHER PARTY WITHOUT THE PRIOR CONSENT OF THE SENDER. The
Information Is Intended only for the Individuals) 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 Otat
any dissemination, distribution, or copying of this electronic communication or any attachment thereto Is strictly
prohibited. Ifyou have received this electronic communication In error, you should Immediately return It to us and delete the
1
message from your system. We WOL .ppreciaie it if you would telephone US at (^ ^60-9555, Noreen, to advise of the
misdirected communication. Thank you.
From: Ebrahimi, Mona G. fmailto:mebrahimig)kmtE.com1
Sent: Monday, December 19,201610:20 AM
To: Jonathan Hobbs; b5barnes@landlawbvbarnes.com: Scott M. Pearson
Subject: RE: Standup California! et al V. City of Elk Grove
Brigit, . .
I have not heard back from you on yoiir availability for a settlement conference or an agreement to stipulate to toll all
filings until that time. If I don't hear back from you by COB tomorrow, I will prepare the notice of settlement meeting
with a date in late January or February.
Best,
Mona
From: Ebrahimi, Mona G.
Sent: Thursday, Decernber 15, 2016 4:14 PM
To: 'Jonatinan Hobbs'; bsbarnes@landlawbvbarnes.com; Scott M. Pearson
Subject: RE; Standup Califomia! et al v. Oty of Elk Grove
Hi Brigit,
It has been several years since I've seen you, I hope you're well. Please let me know as soon as possible ifyou intend on
moving forward with the ex parte hearing; I vvill make myself available for the morning of December 22"'' if you do.
I am also writing you.to ask about your availability for a settlement conference, and a stipulation to toll other filings until
after the settlement conference. It is my hope that we can agree to a briefing and hearing schedule that works better
for all parties. Please provide at least five dates and time-ranges in January or February that will work for you.
Thanks,
Mona
From: Jonathan Hobbs [mailto:jhobbs@elkQrovecity.orqT
Sent: Thursday, December IS, 2016 4:01 PM
To: bsbarnesOlandlawbybarnes.com; Scott M. Pearson
Cc: Ebrahimi, Mona G.
Subject: RE: Standup Califomial et al v. Oty of Elk Grove
Brigit:
The City has retained Mona Ebrahimi bf Kronick, Moskovitz, Tiedemann & Girard as its counsel for this case. Mona is
copied on this email. Please feel free to contact either Mona or me (or both) going forward in this matter. I ask that all
papers in this case be served on both Mona and me as co-counsel for the City. Mona and I will accept service ofthe ex
parte papers by email, so long as hard copies are also delivered via overnight delivery.
Should you find the need to proceed with the hearing next week, please note that I will be out of town as of the morning
of December 22 on a pre-planned family, holiday vacation, for which we have already purchased airline
tickets. Therefore, I am not available for a hearing the morning of December 22. I will let Mona address her availability
for a hearing that morning.
Thank you.
Jon.
Jonathan P. Hobbs
City Attomey
City of Elk Grove
8401 Laguna Palms Way
Elk Grove, CA 95758
Phone: 916.478.3615
Fax: 916.627.4100
www.elkQrovecitv.orq
The informaiion contained in this E-mail is confidential and may also conlain'privlleged atlomey-cllent tntomiation or work product. The information is Intended only
for the use Of the individual or entity lo whom it is addressed. Ifyou are not ihe intended recipient, or the employee or agent responsible to deliver II tothe intended
recipient, you are hereby notified thai any use, dissemtnalioh. distribution or copying of this communication is strictly prohibited. If you have received this E-mail in
error, please delete this message from your computer and bnmediately notify ihe sender. Thank you.
From: bsbarnes@landlawbybarnes.com fmailto:bsbarnes@landlawbvbarnes.com1
Sent: Thursday, December 15, 2016 12:05 PM
To: Jonathan Hobbs; Scott M. Pearson (PearsonSgiballardspahr.com)
Subject: Standup California! et al v. City of Elk Grove
Importance: High
Dear Mr. Hobbs and Mr. Pearson:
I was informed by Kevin Kemper that litigation counsel for Elk Grove Town Center, LP
[Howard Hughes Corporation], as Real Party in Interest, is Mr. Scott Pearson.
This email is intended to infonn you that this office has reserved a hearing date of
Thursday December 22, 2016 in Sacramento Superior Court Dept. 24 at 8:30 a.m. for
a hearing for OSC re TRO related to the City of Elk Grove's recording of the First
Amendment to the Development Agreement affecting the Elk Grove Mall [Outlet
Center] Phase 2. Mr. Hobbs and I and engaged in negotiations related to alternatives
to the hearing, and I am hopeful that his recent proposal will be acceptable. I provide
this notice to you to ensure that you have the date and time in the event that these
efforts are deemed to be insufficient to protect our clients' interests and those ofthe
voters of the City of Elk Grove.
We will get moving papers to you as soon as possible but in any event no later than
Monday December 19, 2016.
I would appreciate Mr. Peafson and Mr. Hobbs advising n.w whether he will accept
email service ofthe moving papers. Thank you.
Brigit Bames
Brigit S. Bames :&:Assbciales, Inc,
ffca/ £siaie;Uiiid UsieiAssetpreseivation
3262 PenrynRoadj Suilie 200
Loomis.GA 95650
(9t6)666raS$5
Fax: (918) $60i$554
Ema1:'iisbiwnes@landlawbybames.com
ifar'and. away the best prize ^thal life.ofrersis
Xhe'chatiGe'(owdtktiai6:A work wwlh doif>g'.
.TKgMlpre.Woo^ 1903.
THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE MAY BE ATTORNEY-CLIENT PRIVILEGED AND CANN
BE FORWARDED BY THE RECIPIENT TO ANY OTHER f'ARTY 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 no
Intended recipient, or the employee or agent responsible to deliver it to the Intended recipient, you are hereby notified th
any dissemination, distribution, or copying of this electronic communication or any attachment thereto is strictly
prohibited. Ifyou have received this electronic communication In error, you should Immediately retum It to us and delet
message from yoursystem. We would appreciate it Ifyou would telephone us at (916) 660-9555, Noreen, to advise of the
misdirected communication. Thank you.
By sending us an email (electronic mail message) or filling out a web form, you are sending us personal information (i.e.
your name, address, email address or other Information). We store this information in order to respond to or process your
request or othenvise resolve the subject matter- of your submission.
Certain information that you provide us is subject to disclosure under the California Public Records Act or other legal
requirements. This means that if it is specifically requested by a member ofthe public, we are required to provide the
information to the person requesting it. We may share personally identifying information with other City of Elk Grove
departments or agencies in order to respond to your request. In some circumstances we also may be required by law to
disclose information in accordance with the California Public Records Act or other legal requirements.
OFFIOALaiY BUSINESS
No recording fee
Govemment Code Section eid3
i S S ^ ^ i i ^ ^ 0447
Recording Requested By and When
Recorded. Mell To:
JEII/53/1-2
c n v OF ELK GROVE
Office of the City Clerli
B401 Laguna Palms Way
Elk Grove. CA 9S7S8
SPACE ABOVE THIS UNE RESERVED FOR ReCOROER'S USE
NOTICE RE FIRST AMENOMEffT TO DEVELOPMENT AGREEMENT
(ELEC. CODE $ 9237; GOV. CODE § e5888.<)
Cmr CONTROL NUMBER: EG-14412A - Outlet Collection at Elk Grove
ASSESSOR'S PARCEL NumeER: 134-101O4301 (portion oO
WHEREAS, on October 26, 2016. tt» City of Elk Grove rCily*) adopted Ordinance Na 23-2016
(the 'Ordinance') approving a First Amendment to the Development Agreement between City of Elk
Grove and Elk Grove Town Center ('Oevelopment Agreenient Amendment*}; and
WHEREAS, on November B. 2016. the Development Agreement Amendment was recorded with
the SaaamentO'County Recorder in Book 20161108 at Page 1118, amending the Oevelopment
Agreement recorded with the Sacramento County Recorder on November 13, 2014 in Book 20141113 at
Page 0840; and
. . WHEREAS, on November 21. 2016. Ihe City received a referendum petition, submitted pwwianl
to California Elections Code sections 9235 et seq., seeking to set aside the Ordinance and the
Development Agreennent Amendment, wtilch referendum petitioa on Its face, appears to contain the
requisite number of signatures ef qualified voters for a referendum petition, but remains subject to
certirieaUon by the City.'
NOW, THEREFORE, pursuant Io ElectiDns'Code section 9237, pending Ihe disposition of Ihe
referendum petition, the effectiveness of the Ordinance and the bavetopment Agreement Amendment is
suspended.
Oate_
Laura S. Otii
City IManager
Citif of Eik Grove -
'OSE-WCKNOWLfbQM^idti^^
CAUFORNIA /UX-fKlRPbSE ACKNOWlf CODE § 1189
•• . :--,V-.';;--.'5W^'=i-/' '
A notary public or oth^iofflcericbmpicHl^ihis'liier^ the identity of the individual who
signed tha docuniant, tb.'wtiich Vjls^^ tnithfuiness, accuracy, or valklity of
that document v'/i^vAv'-^lij-^-^-Jt^iS^S;' ; ^
Slate of Califomia
County of Sacrameiitb'
I5.telfc.- bafbitfme;^"'t1i^L^ o^auJ. Notary Pubjlc personally
appeared. , who proved to me on the
baaia of satisfactory evidence to be the persw«(^ whose name(^ is/ate subscribed to the within
Instrument and acknowledged lo me that btHiheUA^ executed the same in WsVier/ltieir authorized
capBcity(te8), and that by l«iErtier/lfaei^slgnalure(^''Qn the Indniment the per9on(9), or entity upon behalf
of which the pefBon(9) actedt executed the Instrument.
I certify undar PENALTY OF PERJURY under the l«a« of Ihe State of CaUfomia that the (oregoing
paragraph is true and oorrecL .... !..'.'''.:>.
WTTNESS, my hand and official seal.:
MtON ROLF UNDOREN |
CoanSnleii«}IMI27 |
Signature. (Seal) RotvyPgUe.CiUIURlt {
SKnomtvCsudy I
My Comn. My T
R£CT
' 8 14/ I
DEcesitier 301t. 4:32:3ePH
Sgcrpssiento County Recorijer
Donna-ALlreJj Cleri wrote:
Please find attached service copies of the following:
< Petitioners/Plaintiffs' Ex Parte Application for Order to Show Cause re
Preliminary Injunction and Temporary Restraining Order;
< Memorandum of Points and Authorities in Support of Ex Parte Application for
Order to Show Cause re Preliminary Injunction and Temporary Restraining
Order; and
•< Declaration of Brigit S. Barnes in Support of Ex Parte Application for Order to
Shovy Cause re Preliminary Injunction and Temporary Restraining Order.
Further service copies of supporting pleadings will follow by separate emails, due to the
combined size of the documents.
Thank you.
Noreen Patrignani
Legial Assistant
Brigit S. Bames & Associates, Inc.
Real Estate, Land Use & Asset Preservation
3262 Penryn Road, Suite 200
Loomis, CA 95650
(916)660-9555
Fax:(916)660-9554
Email: noreen@land|awbybarnes.com
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 SENDEfi. The information is intended only for the indlvldual(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 strlctiy prohibited. Ifyou have received this
electronic communication In error, you should Immediately retum It to us and delete the message frorn your
system. We would appreciate it if you would telephone us at (916) 660-9555, Noreen, to advise of the
misdirected comrhunlcation. Thank you.
Preview
[Exempt From Filing Fee Govern^pl^^l^e § 6103] 1 MONA G. EBRAHIMI, State Bar No. 236550 EMDORSED mebrahithi@kmtg.com 2 LESLIE Z. WALKER, State Bar No. 249310 2BicDEC2l Fii (2: 39 /wfl/fer@fen/g. com 3 KRONICK, MOSKOVITZ, TIEDEMANN & GIRARD GOSSO COURTHOUSE A Professional Corporation CUi'ERIOR. COURT 4 400 Capitol Mall; 27*^ Floor OF CALIFOKfilA SACRAMEHTO COUNTY Sacramento, Califomia 95814 5 Telephone: (916) 321-4500 . Facsimile: (916) 321-4555 6 JONATHAN P. HOBBS, State Bar No. 186045 7 City Attomey jhobbs@elkgrovecity.org 8 JENNIFER A. ALVES, State Bar No. 238723 Assistant City Attomey 9 jalves@elkgrovecity.org SUZANNE E. KENNEDY, State Bar No. 251339 10 Assistant City Attomey skenhedy@elkgrovecity.org 11 CITY OF ELK GROVE Office of the City Attomey 12 8401 Lagima Palms Way Elk Grove, Califomia 95758 13 Telephone: (916) 683-7111 Facsimile: (916) 627-4100 14 Attomeys for Respondent and Defendant CITY 15 OF ELK GROVE 16 SUPERIOR COURT OF THE STATE OF CALIFORNIA 17 COUNTY OF SACRAMENTO 18 19 STAND UP CALIFORNIA!; PATTY Case No. 34-2016-80002493 JOHNSON; and JOE TEIXEIRA, 20 DECLARATION OF MONA G. Petitioners and PlaintifTs, EBRAHIMI IN SUPPORT OF 21 OPPOSITION TO EX PARTE APPLICATION FOR ORDER TO SHOW 22 CAUSE RE PRELIMINARY CITY OF ELK GROVE, INJUNCTION AND TEMPORARY 23 RESTRAINING ORDER Respondent and Defendant. 24 Date: December 22,2016 Time: 9:00 a.m. 25 ELK GROVE TOWN CENTER, LP; Dept.: 24 HOWARD HUGHES CORPORATION; and 26 DOES 1-20, 27 Real Parties in Interest and.. befendants. 28 1522536.1 10784-236 1 DECLARATION OF MONA G. EBRAHIMI IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER 1 I, Mona G. Ebrahimi, hereby declare as follows: 2 1. I am an attomey licensed to practice before all ofthe courts in the State of 3 Califomia. I am a shareholder at the law firm of Kronick, Moskovitz, Tiedemann & Girard, 4 attorneys of record for Respondent and Defendant, the City of Elk Grove ("City"). I have personal 5 knowledge of the following facts and if called upon to testify, I could and would competently do 6 so. , • 7 2. On Friday, December 16,2016, at 2:17 p.m., I informed Brigit Bames, counsel for 8 Petitioners, Stand Up Califomia!, Patty Johnson, and Joe Teixeira (collectively, "Petitioners") that 9 the City recorded a "Notice Re First Amendment to Development Agreement" (the "Notice") with 10 the County of Sacrainento. Since the City did not have a conformed copy yet, I made assurances 11 by an e-mail at 2:44 p.m. that the Notice had been recordied and included a copy of the receipt 12 from the County. (See Exhibit A, attached hereto and incorporated herein.) 13 3. On Monday, December 19,2016, at 4:56 p.m., I provided a conformed copy of the 14 Notice to Ms. Bames. (See Exhibit B, attached hereto and incorporated herein.) 15 4. . On Monday, December 19,2016, between the hours of 7:32 p.m. to 8:11 p.m., I 16 received Petitioners' moving papers in support of the Ex Parte Application for Order to Show 17 C^use re Preliminary Injunction and Temporary Restraining Order from Ms. Bames. (See Exhibit 18 C, attached hereto and incorporated herein.) 19 5. On Monday, December 19,2016, at 10:49 p.m., I e-mailed with Ms. Barnes to 20 confinn that she had received the conformed copy of the Notice. (See Exhibit D, attached hereto 21 and incorporated herein.) 22 6. On Tuesday, December 20,2019, at around 9:18 a.m., I called Ms. Bames to 23 inquire whether she had received the conformed copy of the Notice. She explained to me that, / •. 24 while the recorded document was not referenced or included with her moving papers, she had 25 received it. Despite this, Ms. Bames informed me that she intended to proceed with the ex parte 26 ^plication. 27 28 Ill 1522536.1 10784-236 . 0 DECLARATION OF MONA G. EBRAHIMI IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER 1 I declare under penalty of perjury under the laws of the State of California that the foregoing is 2 tme and correct to the best of my knowledge. 3 Executed on this 21 ^ day of December 2016 at Sacramento, Califomia. 4 5 onaG. Mona G. Ebrahimi 6 7 8 9 10 U 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1522536.1 10784-236 DECLARATION OF MONA G. EBRAHIMI IN SUPPORT OF OPPOSITION TO EX PARTE APPLICATION FOR ORDER TO SHOW CAUSE RE PRELIMINARY INJUNCTION AND TEMPORARY RESTRAINING ORDER EXHIBIT A Ebrahimi, Mona G . From: Ebrahimi, Mona G. Sent: Friday, Decemberie, 20162:17 PM To: 'bsbarnes@landlawbybames.com' Cc: Jonathan Hobbs; Scott M. Pearson Subject: Recorded Suspension of DA and Ordinance Attachments: Recorded DA suspension.pdf Hi Brigit, Attached is a copy of the document suspending the ordinance and development agreement amendment for Ell< Grove Town Center, pending disposition of the referendum petition. This was signed by the City and recorded by the County this morning. I trust this will moot the need for the ex parte hearing next week. Please confirm. Thanks, Mona OFFICIAL CIT\r BUSINESS No recording fee Govemment Code Section 6103 Recording Requested By and When Recorded, Majl To: CITY OF ELK GROVE . Office of the City Clerk 8401 Laguna Palms Way Elk Grove. CA 95758 SPACE ABOVE THIS UNE RESERVED FOR RECORDER S USE NOTICE RE FIRST AMENDMENT TO DEVELOPMENT AGREEMENT (ELEC. CODE S 9237; GOV. CODE § 65868 5) CrrY CONTROL NUMBER: EG-14-012A - Outlet Collection at Elk Grove ASSESSOR'S PARCEL NUMBER: 134-1010-001 (portion OO WHEREAS, on October 26, 2016, the City of Elk Grove CCity') adopted Ordinance No. 23-2016 (the "Ordinance") approving a First Amendment to the Development Agreement, between City of Elk Grove and Elk Grove Town Center ("Development Agreement Amendment"); and WHEREAS, on November 9, 2016, the Development Agreement Amendment was recorded with the Sacramento County Recorder in Book 20161109 at Page 1118, amending the Development Agreement recorded with the Sacramento County Recorder on November 13, 2014 in Book 20141113 at Page 0840; and WHEREAS, on Novemt>er 21, 2016, the City received a referendum petition, submitted pursuant to Califomia Elections Code sections 9235 et seq., seeking to set aside the Ordinance and the Development Agreement Amendment, which referendum petition, on its face, appears to contain the requisite number of signatures of qualified voters for a referendum petitton, but remains sut)ject to certification by the City. NOW, THEREFORE, pursuant to Electtons Code section 9237, pending tha disposition of the referendum petition, the effectiveness of the Ordinance and the Development Agreement Amendment is suspended. Date Laura S. Gill City Manager City of Elk Grove CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIC CODE §1189 A notary public or other officer completing this certificate verifies only the identity of the individual who . signed the document, to which this certificate is at^hed, and not the truthfulness, accuracy, or validity of; that document State of Califbmla ) Courity of Sacramento i) On . • before me, J Notary Public personally appeared ' who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/herAheir signature(s) on the instrument the person(s), or entity upon behalf of which the persQn(s) acted, executed the Instrument I certify under PENALTY OF PERJURY under the laws of the State of Califomia that the foregoing paragraph is true and correct. WITNESS, my hand and official seal. Signature_ (Seal) Ebrahimi, Mona G. From: Ebrahimi, Mona G. Sent Friday, December 16.2016 2:44 PM To: 'bsbarnes@landlawbyt)arnes.com' Cc Jonathan Hobbs; Scott M. Pearson Subject: RE: Recorded Suspension of DA and Ordinance Attachments: 0679_001.pdf Unfortunately, the clerk did not bring a signed copy back when he took it to the County this morning, but the City is asking for one. We likely wlll not obtain it until next week. In the meantime, you can rely on this email from me that the document I provided to you was recorded today. I'm also attaching a copy of the receipt of the recording. From: bsbames@landlawbvbames.com rmalltoibsbarnesaiandlawbvbames.comi Sent: Friday, Decemberie, 2016 2:24 PM To: Ebrahimi, Mona G. Cc: Jonathan Hobbs; Scott M. Pearson Subject: RE: Reconjed Suspension of DA and Ordinance AAona - do you have a signed and recorded copy? Brigit'Barnes Brigit S. G(arn8S.&'Assoic^iles, Irte.. 'Real-^sMe, Land f j s e i Asset PreservaHqn 3262 Pervyn Road, Sui(e 200 Loo'mis, tiA956S0 (916)66079555 Fax: (916) 660^9554 Email: bstNarnes@1andlawbyt)arnes.com Far and away the best prize (hat life olfersis ttie chariceto'wprk hard.at.woik wdnh dong. Theodpre/RoMseveit; 1903. n sa THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE MA Y BE ATTORNEY-CLIENT PRIVILEGED AND CANNO 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 yeu have received this electronic communication in error, you should immediately retum it to us and delete the message from yoursystem. We would appreciate It Ifyou would telephone us at (916) 660'S5SS, Noreen, to advise of the misdirected communication. Thank you. ' From: Ebrahimi, Mona G. imailto:mebrahimi(S)kmtg.coml Sent: Friday, December 16,2016 2:17 PM To: bsbarnes@landlawbvbarnes.com Cc: Jonathan Hobbs : Scott M. Pearson ballardsDahr.com> Subject: Recorded Suspension of DA and Ordinance Hi Brigit, Attached is a copy of the document suspending the ordinance and development agreement amendment for Elk Grove Town Center, pending.disposition ofthe referendum petition. This was signed by the City and recorded by the County this morning. • • I trust this wili moot the need for the ex parte hearing next week. Pjease confirm. Thanks, ' Mona Wx^^K.:iM'': V.•^.^<.:•J:•|^^*^|?;•••^ ...;o. ; : « J . ...4.'-.VV>.- . f.'...i.' ... IV. '....v. EXHIBIT B Ebrahimi, Mona G. Ebrahimi, Mona G. . Sent: Monday, December 19, 2016 4:56 PM To: 'bsbarnes@landlawbybarnes.com'; Jonathan Hobbs; Scott M. Pearson Subject: RE: Standup California! et al v. City of Elk Grove Attachments: Book20161216Page0447.pdf Brigit, Please see a copy of the recorded DA suspension, attached. This should moot the ex parte hearing you reserved for Thursday. • Thanks, Mona From: b$bames@landlawbybames.com [mailto:bsbames@landlawbybarnes.com] Sent: Monday, December 19, 2016 2:38 PM . To: Ebrahimi, Mona G.; Jonathan Hobbs; Scott M. Pearson Subject: RE: Standup Califomia! et al v. City of Elk Grove Importance; High Sorry, that second issue got away from we. I am happy to agree to a settlement discussion, either via phone or in person in late January. I propose that we wait for City Clerk certification of the referendum and a formal decision by BIA related to City's notice re 1*^ Amendment to DA before.we meet. We can assume that both of these issues will be determined by mid- January, Thanks. Brigit'Bames Bri^ S'.Bamtt.& Inc. Rea/ Eslaie,'Lond.p.sei IfissfitPreservaSon 3262 Plenryn Road, Suiie205 Loomis,CA9S6S0 (916)660^9555 Fax: (91G) 666-9&54 Email: bsbamesSlandlawbybames^com Far/and:away.the:best prize that life-offers s lhe.chark«'t6 work hard:ta.work worth doing. The<^ore Roos^vtifti 1903. THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE MAY BE A TTORNEY-CUENT PRIVILEGED AND CANNO BE FORWARDED BY THE RECIPIENT TO ANY OTHER PARTY WITHOUT THE PRIOR CONSENT OF THE SENDER. The Information Is Intended only for the Individuals) 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 Otat any dissemination, distribution, or copying of this electronic communication or any attachment thereto Is strictly prohibited. Ifyou have received this electronic communication In error, you should Immediately return It to us and delete the 1 message from your system. We WOL .ppreciaie it if you would telephone US at (^ ^60-9555, Noreen, to advise of the misdirected communication. Thank you. From: Ebrahimi, Mona G. fmailto:mebrahimig)kmtE.com1 Sent: Monday, December 19,201610:20 AM To: Jonathan Hobbs; b5barnes@landlawbvbarnes.com: Scott M. Pearson Subject: RE: Standup California! et al V. City of Elk Grove Brigit, . . I have not heard back from you on yoiir availability for a settlement conference or an agreement to stipulate to toll all filings until that time. If I don't hear back from you by COB tomorrow, I will prepare the notice of settlement meeting with a date in late January or February. Best, Mona From: Ebrahimi, Mona G. Sent: Thursday, Decernber 15, 2016 4:14 PM To: 'Jonatinan Hobbs'; bsbarnes@landlawbvbarnes.com; Scott M. Pearson Subject: RE; Standup Califomia! et al v. Oty of Elk Grove Hi Brigit, It has been several years since I've seen you, I hope you're well. Please let me know as soon as possible ifyou intend on moving forward with the ex parte hearing; I vvill make myself available for the morning of December 22"'' if you do. I am also writing you.to ask about your availability for a settlement conference, and a stipulation to toll other filings until after the settlement conference. It is my hope that we can agree to a briefing and hearing schedule that works better for all parties. Please provide at least five dates and time-ranges in January or February that will work for you. Thanks, Mona From: Jonathan Hobbs [mailto:jhobbs@elkQrovecity.orqT Sent: Thursday, December IS, 2016 4:01 PM To: bsbarnesOlandlawbybarnes.com; Scott M. Pearson Cc: Ebrahimi, Mona G. Subject: RE: Standup Califomial et al v. Oty of Elk Grove Brigit: The City has retained Mona Ebrahimi bf Kronick, Moskovitz, Tiedemann & Girard as its counsel for this case. Mona is copied on this email. Please feel free to contact either Mona or me (or both) going forward in this matter. I ask that all papers in this case be served on both Mona and me as co-counsel for the City. Mona and I will accept service ofthe ex parte papers by email, so long as hard copies are also delivered via overnight delivery. Should you find the need to proceed with the hearing next week, please note that I will be out of town as of the morning of December 22 on a pre-planned family, holiday vacation, for which we have already purchased airline tickets. Therefore, I am not available for a hearing the morning of December 22. I will let Mona address her availability for a hearing that morning. Thank you. Jon. Jonathan P. Hobbs City Attomey City of Elk Grove 8401 Laguna Palms Way Elk Grove, CA 95758 Phone: 916.478.3615 Fax: 916.627.4100 www.elkQrovecitv.orq The informaiion contained in this E-mail is confidential and may also conlain'privlleged atlomey-cllent tntomiation or work product. The information is Intended only for the use Of the individual or entity lo whom it is addressed. Ifyou are not ihe intended recipient, or the employee or agent responsible to deliver II tothe intended recipient, you are hereby notified thai any use, dissemtnalioh. distribution or copying of this communication is strictly prohibited. If you have received this E-mail in error, please delete this message from your computer and bnmediately notify ihe sender. Thank you. From: bsbarnes@landlawbybarnes.com fmailto:bsbarnes@landlawbvbarnes.com1 Sent: Thursday, December 15, 2016 12:05 PM To: Jonathan Hobbs; Scott M. Pearson (PearsonSgiballardspahr.com) Subject: Standup California! et al v. City of Elk Grove Importance: High Dear Mr. Hobbs and Mr. Pearson: I was informed by Kevin Kemper that litigation counsel for Elk Grove Town Center, LP [Howard Hughes Corporation], as Real Party in Interest, is Mr. Scott Pearson. This email is intended to infonn you that this office has reserved a hearing date of Thursday December 22, 2016 in Sacramento Superior Court Dept. 24 at 8:30 a.m. for a hearing for OSC re TRO related to the City of Elk Grove's recording of the First Amendment to the Development Agreement affecting the Elk Grove Mall [Outlet Center] Phase 2. Mr. Hobbs and I and engaged in negotiations related to alternatives to the hearing, and I am hopeful that his recent proposal will be acceptable. I provide this notice to you to ensure that you have the date and time in the event that these efforts are deemed to be insufficient to protect our clients' interests and those ofthe voters of the City of Elk Grove. We will get moving papers to you as soon as possible but in any event no later than Monday December 19, 2016. I would appreciate Mr. Peafson and Mr. Hobbs advising n.w whether he will accept email service ofthe moving papers. Thank you. Brigit Bames Brigit S. Bames :&:Assbciales, Inc, ffca/ £siaie;Uiiid UsieiAssetpreseivation 3262 PenrynRoadj Suilie 200 Loomis.GA 95650 (9t6)666raS$5 Fax: (918) $60i$554 Ema1:'iisbiwnes@landlawbybames.com ifar'and. away the best prize ^thal life.ofrersis Xhe'chatiGe'(owdtktiai6:A work wwlh doif>g'. .TKgMlpre.Woo^ 1903. THE INFORMATION CONTAINED IN THIS ELECTRONIC MESSAGE MAY BE ATTORNEY-CLIENT PRIVILEGED AND CANN BE FORWARDED BY THE RECIPIENT TO ANY OTHER f'ARTY 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 no Intended recipient, or the employee or agent responsible to deliver it to the Intended recipient, you are hereby notified th any dissemination, distribution, or copying of this electronic communication or any attachment thereto is strictly prohibited. Ifyou have received this electronic communication In error, you should Immediately retum It to us and delet message from yoursystem. We would appreciate it Ifyou would telephone us at (916) 660-9555, Noreen, to advise of the misdirected communication. Thank you. By sending us an email (electronic mail message) or filling out a web form, you are sending us personal information (i.e. your name, address, email address or other Information). We store this information in order to respond to or process your request or othenvise resolve the subject matter- of your submission. Certain information that you provide us is subject to disclosure under the California Public Records Act or other legal requirements. This means that if it is specifically requested by a member ofthe public, we are required to provide the information to the person requesting it. We may share personally identifying information with other City of Elk Grove departments or agencies in order to respond to your request. In some circumstances we also may be required by law to disclose information in accordance with the California Public Records Act or other legal requirements. OFFIOALaiY BUSINESS No recording fee Govemment Code Section eid3 i S S ^ ^ i i ^ ^ 0447 Recording Requested By and When Recorded. Mell To: JEII/53/1-2 c n v OF ELK GROVE Office of the City Clerli B401 Laguna Palms Way Elk Grove. CA 9S7S8 SPACE ABOVE THIS UNE RESERVED FOR ReCOROER'S USE NOTICE RE FIRST AMENOMEffT TO DEVELOPMENT AGREEMENT (ELEC. CODE $ 9237; GOV. CODE § e5888.<) Cmr CONTROL NUMBER: EG-14412A - Outlet Collection at Elk Grove ASSESSOR'S PARCEL NumeER: 134-101O4301 (portion oO WHEREAS, on October 26, 2016. tt» City of Elk Grove rCily*) adopted Ordinance Na 23-2016 (the 'Ordinance') approving a First Amendment to the Development Agreement between City of Elk Grove and Elk Grove Town Center ('Oevelopment Agreenient Amendment*}; and WHEREAS, on November B. 2016. the Development Agreement Amendment was recorded with the SaaamentO'County Recorder in Book 20161108 at Page 1118, amending the Oevelopment Agreement recorded with the Sacramento County Recorder on November 13, 2014 in Book 20141113 at Page 0840; and . . WHEREAS, on November 21. 2016. Ihe City received a referendum petition, submitted pwwianl to California Elections Code sections 9235 et seq., seeking to set aside the Ordinance and the Development Agreennent Amendment, wtilch referendum petitioa on Its face, appears to contain the requisite number of signatures ef qualified voters for a referendum petition, but remains subject to certirieaUon by the City.' NOW, THEREFORE, pursuant Io ElectiDns'Code section 9237, pending Ihe disposition of Ihe referendum petition, the effectiveness of the Ordinance and the bavetopment Agreement Amendment is suspended. Oate_ Laura S. Otii City IManager Citif of Eik Grove - 'OSE-WCKNOWLfbQM^idti^^ CAUFORNIA /UX-fKlRPbSE ACKNOWlf CODE § 1189 •• . :--,V-.';;--.'5W^'=i-/' ' A notary public or oth^iofflcericbmpicHl^ihis'liier^ the identity of the individual who signed tha docuniant, tb.'wtiich Vjls^^ tnithfuiness, accuracy, or valklity of that document v'/i^vAv'-^lij-^-^-Jt^iS^S;' ; ^ Slate of Califomia County of Sacrameiitb' I5.telfc.- bafbitfme;^"'t1i^L^ o^auJ. Notary Pubjlc personally appeared. , who proved to me on the baaia of satisfactory evidence to be the persw«(^ whose name(^ is/ate subscribed to the within Instrument and acknowledged lo me that btHiheUA^ executed the same in WsVier/ltieir authorized capBcity(te8), and that by l«iErtier/lfaei^slgnalure(^''Qn the Indniment the per9on(9), or entity upon behalf of which the pefBon(9) actedt executed the Instrument. I certify undar PENALTY OF PERJURY under the l«a« of Ihe State of CaUfomia that the (oregoing paragraph is true and oorrecL .... !..'.'''.:>. WTTNESS, my hand and official seal.: MtON ROLF UNDOREN | CoanSnleii«}IMI27 | Signature. (Seal) RotvyPgUe.CiUIURlt { SKnomtvCsudy I My Comn. My T R£CT ' 8 14/ I DEcesitier 301t. 4:32:3ePH Sgcrpssiento County Recorijer Donna-ALlreJj Cleri wrote: Please find attached service copies of the following: < Petitioners/Plaintiffs' Ex Parte Application for Order to Show Cause re Preliminary Injunction and Temporary Restraining Order; < Memorandum of Points and Authorities in Support of Ex Parte Application for Order to Show Cause re Preliminary Injunction and Temporary Restraining Order; and •< Declaration of Brigit S. Barnes in Support of Ex Parte Application for Order to Shovy Cause re Preliminary Injunction and Temporary Restraining Order. Further service copies of supporting pleadings will follow by separate emails, due to the combined size of the documents. Thank you. Noreen Patrignani Legial Assistant Brigit S. Bames & Associates, Inc. Real Estate, Land Use & Asset Preservation 3262 Penryn Road, Suite 200 Loomis, CA 95650 (916)660-9555 Fax:(916)660-9554 Email: noreen@land|awbybarnes.com 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 SENDEfi. The information is intended only for the indlvldual(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 strlctiy prohibited. Ifyou have received this electronic communication In error, you should Immediately retum It to us and delete the message frorn your system. We would appreciate it if you would telephone us at (916) 660-9555, Noreen, to advise of the misdirected comrhunlcation. Thank you.