Preview
1 Scott M, Pearson (SBN 173880) ENDORSED
pearsons@ballardspahr.com
2 Taylor Steinbacher (SBN 285335) 2017 M4Y-8 PM#3I
steinbachert@ballardspahr,com
3 BALLARD SPAHR LLP
2029 Centtuy Park East, Suite 800
4 Los Angeles, CA 90067-2909
Telephone: 424.204.4400
5 Facsimile: 424,204.4350
6 Attomeys for Defendants and Real Parties in
Interest
7 ELK GROVE TOWN CENTER, LP AND
THE HOWARD HUGHES CORPORATION
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9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 FOR THE COUNTY OF SACRAMENTO
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PATTY JOHNSON; JOE TEIXEIRA; OMAR Case No. 34-2016-80002493
12 AHMED, JR.; XIN GUO; and CAROLYN
SOARES, DECLARATION OF SCOTT M.
13 PEARSON IN SUPPORT OF REAL
Petitioners and PARTIES IN INTEREST AND
14 Plamtiffs, DEFENDANTS E L K GROVE TOWN
CENTER, LP AND THE HOWARD
15 HUGHES CORPORATION'S
DEMURRER t o VERIFIED AMENDED
16 CITY OF ELK GROVE, PETITION FOR WRIT OF MANDATE
AND COMPLAINT iFOR
17 Respondent and DECLARATORY R E L I E F
Defendant
18 Judge: Hon. Shellyaime W.L. Chang
Date: June 2,2017
19 ELK GROVE TOWN CENTER, LP; THE Time: 11:00 a.m.
HOWARD HUGHES CORPORATION; Dept.: Department 24
20 and DOES 1-20, * •
Real Parties" in Action Filed: November 23, 2016
21 Interest and Trial Date: Not set
Defendants.
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DMWEST #16482691 v2
DECLARATION OF SCOTT M . PEARSON IN SUPPORT OF REAL PARTIES IN INTEREST AND DEFENDANTS'
ELK GROVE TOWN CENTER, LP AND THE HOWARD HUGHES CORPORATION'S DEMURRER TO
AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF
1 I, Scott M. Pearson, declare:
2 1. I am an attorney admitted to practice before this Court and a partner with Ballard
3 Spahr LLP, counsel for real parties in interest and defendants Elk Grove Town Center, LP and The
4 Howard Hughes Corporation (together "EGTC"), in this action. I make this declaration of my
5 own personal knowledge and in support of the Real Parties in Interest and Defendants Elk Grove
6 Town Center, LP and The Howard Hughes Corporation's Notice of Heeiring on Derriurrer and
7 Demurrer to Verified Amended Petition for Writ of Mandate and Complaint for Declaratory
8 ReHef; Memorandum of Points and Authorities in Support Thereof If called upon as a wimess, I
9 could and would testify competently to the matters stated herein.
10 2. This declaration is offered to establish compliance with pre-motion meet and confer
11 obligations. On March 27, 2017,1 spoke telephonically with Mona G. Ebrahimi, counsel for
12 respondent and defendant City of Elk Grove (the "City") and Brigit S. Bames, counsel for
13 Petitioners, about scheduling a meet and confer teleconference regarding the City's and EGTC's
14 objections to the Verified Amended Petition for Writ of Mandate and Complaint for Declaratory
15 Relief ("Complaint"), in accordance with Code of Civil Procedure § 430.41. The meet and confer
16 conference was scheduled for April 12,2017. (Declaration of Mona G. Ebrahimi in Support of
17 Respondent and Defendant City of Elk Grove's Demurrer to Petitioners and Plaintiffs' Verified
18 Amended Petition for Writ of Mandate and Complaint for Declaratory Relief ("Ebrahimi
19 Declaration"), Ex. A, filed May 3,2017.)
20 3. Also resulting from the meeting, the parties stipulated to a briefing and hearing
21 schedule for the City's and/or EGTC's demurrer to the Complaint, which stipulation was adopted
22 bytheCourtonApril7,2017. (Ebrahimi Declaration, Ex. B.)
23 4. On April 12,2017, at approximately 11:10 a.m., I , along with Ms. Ebrahimi and
24 her associate Leslie Z. Walker, as well as Jonathan P. Hobbs (attomey for the City), telephoned
25 Ms. Bames to meet and confer to determine if we could resolve any of the City's and EGTC's
26 objections to the Complaint. During the call, which lasted nearly one hour, the. City and EGTC's
27 counsel identified all of the specific causes of action that are subject to demurrer and identified
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DMWEST #16482691 v2
DECLARATION OF SCOTT M . PEARSON IN SUPPORT OF REAL PARTIES IN INTEREST AND DEFENDANTS'
ELK GROVE TOWN CENTER, LP AND THE HOWARD HUGHES CORPORATION'S DEMURRER TO
AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF
1 statiites and case citations supporting the grounds for demurrer to the Complaint. (Ebrahimi
2 Declaration, Ex. C.)
3 5. During the meet and confer, Ms. Bames provided no authority for her Complaint,
4 but provided an email following the call providing a copy of a letter from Congressman Bishop, a
5 directive from the Acting Assistant Secretary of Indian Affairs from the Department of Interior,
6 dated April 6, 2017, and a chart prepared by an unidentified source. (Ebrahimi Declaration, Ex.
7 D.)
8 6. During the meet and confer, Ms. Bames agreed to provide the balance of her legal
9 authority no later than April 19, 2017.
10 7. On April 14, 2017,1 received a letter from Ms. Bames responding to EGTC's
11 objection that Elk Grove Town Center, LP and The Howard The Hughes Corporation are not
12 proper parties to the Complaint and are not properly named as the Real Parties in Interest. Ms.
13 Bames disagreed with my objection and claimed that EGTC are properly named as the Real
14 Parties in Interest related to the CEQA and land use claims asserted in the Writ.
15 8. On April 20, 2017, Ms. Bames sent an email requesting clarification of the
16 authorities cited diuing the meet and confer and agreeing that "there is no factual cormect between
17 the basis for CEQA challenges in the Petition filed November 23 [no CEQA re^ 1st Amended DA],
18 and the Amended Petition." Ms. Ebrahimi provided a clarification, but still Ms. Bames did not
19 send legal authority to support Petitioners' Complaint. (Ebrahimi Declaration, Ex. E.)
20 9. On April 25,2017, Ms. Bames sent an email which attached an "interoffice
21 memorandum" providing the balance of Petitioners' response to the issues raised by the City's and
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22 EGTC's coimsel diuing the meet and confer. Ms. Bames again attached a chart depicting
23 Petitioners' authority for the Complaint. (Ebrahimi Declaration, Ex. F.)
24 10. On April 28, 2017, Ms. Ebrahimi responded to Ms. Bames' April 25, 2017 email
25 by stating that she was not persuaded by Ms. Bames' interoffice memorandum. Because the
26 parties were unable to reach an agreement to resolve the City's and EGTC's objections to the
27 Complaint, the parties decided to proceed with filmg a demurrer. (Ebrahimi Declaration, Ex. G.)
28 DMWEST #16482691 v2
DECLARATION OF SCOTT M . PEARSON IN SUPPORT OF REAL PARTIES IN INTEREST AND DEFENDANTS'
ELK GROVE TOWN CENTER, LP AND THE HOWARD HUGHES CORPORATION'S DEMURRER TO
AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF
1 I declare under penalty of perjury under the laws of the State of Califomia that the
2 foregoing is tme and correct to the best of my knowledge.
3 Executed on this 8"^ day of May 2017, at Los Angeles, Califomia.
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Scott M. Pearson
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DMWEST #16482691 v2
DECLARATION OF SCOTT M . PEARSON IN SUPPORT OF REAL PARTIES IN INTEREST AND DEFENDANTS'
ELK GROVE TOWN CENTER, LP AND THE HOWARD HUGHES CORPORATION'S DEMURRER TO
AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF
PROOF OF SERVICE
2 I am a resident of the State of Califomia, over the age of eighteen years, and not a party to
the within action. My business address is BALLARD SPAHR LLP, 2029 Century Park East, Suite
3 800, Los Angeles, CA 90067-2909. On May 8,2017,1 served die witiiin documents:
DECLARATION OF SCOTT M. PEARSON IN SUPPORT OF REAL PARTIES IN
4 INTEREST AND DEFENDANTS ELK GROVE TOWN CENTER, LP AND THE
HOWARD HUGHES CORPORATION'S DEMURRER TO VERIFIED AMENDED
5 PETITION FOR WRIT OF MANDATE AND COIVIPLAINT FOR DECLARATORY
RELIEF
• BY FAX: by transmitting via facsimile the document(s) listed above to the fax
number(s) set forth below on this date before 5:00 p.m.
8 • BY HAND: by personally delivering the document(s) listed above to the person(s)
at the address(es) set forth below.
9
• BY MAIL: by placing the dociiment(s) listed above in a sealed envelope with
10 postage thereon fidly prepaid, in the United States mail at Los Angeles, Califomia
addressed as set fortii below.
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• BY E-MAIL: by attaching an electronic copy of the document(s) listed above to
12 the e-mail address listed below.
13 0 BY OVERNIGHT MAIL: by causing document(s) to be picked up by an
ovemight delivery service company for delivery to the addressee(s) on the next
14 business day.
15 • BY PERSONAL DELIVERY: by causing personal delivery by First Legal
Support Services of the document(s) listed above to the person(s) at the address(es)
16 set forth below.
17 Brigit S. Bames, Esq. Jonathan P. Hobbs, City Attomey
bsbames@landlawbybames.com jhobbs@elkgrovecity.org
18 Annie R. Embree, Esq. Jennifer A. Alves, Asst. City Attomey
arembree@landlawbybarnes.com j alves@elkgrovecity.org
19 Brigit S. Bames & Associates, Inc. Suzanne Kermedy, Asst. City Attomey
3262 Penryn Road skermedy@elkgrovecity.org
20 Loomis, CA 95650 City of Elk Grove
Telephone: 916-660-9555 Office of the City Attomey
21 Facsimile: 916-660-9554 8401 Laguna Palms Way '
Elk Grove, CA 95758
22 Attomeys for Petitioners and Plamtiffs Telephone: 916-683-7111
Facsimile: 916-627-4100
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Attomeys for Respondent and Defendant
24 CITY OF ELK GROVE
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DMWEST #16482691 v2 I
PROOF OF SERVICE
Mona G. Ebrahimi, Esq.
mebrahimi@kmtg.com
Leslie Z. Walker, Esq.
lwalker@kmtg.com
Kronick, Moskovitz, Tiedemann & Girard
400 Capitol Mall, 27"^ Floor
Sacramento, C A 95814
Telephone: 916-321-4500
Facsimile: 916-321-4555
Attomeys for Respondent and Defendant
CITY OF ELK GROVE
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I am readily familiar with the firm's practice of collection and processing correspondence
8 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same
day with postage thereon fully prepaid in the ordineiry course of business. I arn aware that on
9 motion of the party served, service is presumed invalid if postal cancellation date or postage meter
date is more than one day after date of deposit for mailing in affidavit.
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I declare under penalty of perjury under the laws of the State of Califomia that the
11 foregoing is tme and correct.
12 Executed on May 8, 2017, at Los Angeles, Califomia
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' Knstine Nakashima
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DMWEST #16482691 v2
PROOF OF SERVICE
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1 Scott M, Pearson (SBN 173880) ENDORSED pearsons@ballardspahr.com 2 Taylor Steinbacher (SBN 285335) 2017 M4Y-8 PM#3I steinbachert@ballardspahr,com 3 BALLARD SPAHR LLP 2029 Centtuy Park East, Suite 800 4 Los Angeles, CA 90067-2909 Telephone: 424.204.4400 5 Facsimile: 424,204.4350 6 Attomeys for Defendants and Real Parties in Interest 7 ELK GROVE TOWN CENTER, LP AND THE HOWARD HUGHES CORPORATION 8 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 FOR THE COUNTY OF SACRAMENTO 11 PATTY JOHNSON; JOE TEIXEIRA; OMAR Case No. 34-2016-80002493 12 AHMED, JR.; XIN GUO; and CAROLYN SOARES, DECLARATION OF SCOTT M. 13 PEARSON IN SUPPORT OF REAL Petitioners and PARTIES IN INTEREST AND 14 Plamtiffs, DEFENDANTS E L K GROVE TOWN CENTER, LP AND THE HOWARD 15 HUGHES CORPORATION'S DEMURRER t o VERIFIED AMENDED 16 CITY OF ELK GROVE, PETITION FOR WRIT OF MANDATE AND COMPLAINT iFOR 17 Respondent and DECLARATORY R E L I E F Defendant 18 Judge: Hon. Shellyaime W.L. Chang Date: June 2,2017 19 ELK GROVE TOWN CENTER, LP; THE Time: 11:00 a.m. HOWARD HUGHES CORPORATION; Dept.: Department 24 20 and DOES 1-20, * • Real Parties" in Action Filed: November 23, 2016 21 Interest and Trial Date: Not set Defendants. 22 23 24 25 26 27 28 DMWEST #16482691 v2 DECLARATION OF SCOTT M . PEARSON IN SUPPORT OF REAL PARTIES IN INTEREST AND DEFENDANTS' ELK GROVE TOWN CENTER, LP AND THE HOWARD HUGHES CORPORATION'S DEMURRER TO AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF 1 I, Scott M. Pearson, declare: 2 1. I am an attorney admitted to practice before this Court and a partner with Ballard 3 Spahr LLP, counsel for real parties in interest and defendants Elk Grove Town Center, LP and The 4 Howard Hughes Corporation (together "EGTC"), in this action. I make this declaration of my 5 own personal knowledge and in support of the Real Parties in Interest and Defendants Elk Grove 6 Town Center, LP and The Howard Hughes Corporation's Notice of Heeiring on Derriurrer and 7 Demurrer to Verified Amended Petition for Writ of Mandate and Complaint for Declaratory 8 ReHef; Memorandum of Points and Authorities in Support Thereof If called upon as a wimess, I 9 could and would testify competently to the matters stated herein. 10 2. This declaration is offered to establish compliance with pre-motion meet and confer 11 obligations. On March 27, 2017,1 spoke telephonically with Mona G. Ebrahimi, counsel for 12 respondent and defendant City of Elk Grove (the "City") and Brigit S. Bames, counsel for 13 Petitioners, about scheduling a meet and confer teleconference regarding the City's and EGTC's 14 objections to the Verified Amended Petition for Writ of Mandate and Complaint for Declaratory 15 Relief ("Complaint"), in accordance with Code of Civil Procedure § 430.41. The meet and confer 16 conference was scheduled for April 12,2017. (Declaration of Mona G. Ebrahimi in Support of 17 Respondent and Defendant City of Elk Grove's Demurrer to Petitioners and Plaintiffs' Verified 18 Amended Petition for Writ of Mandate and Complaint for Declaratory Relief ("Ebrahimi 19 Declaration"), Ex. A, filed May 3,2017.) 20 3. Also resulting from the meeting, the parties stipulated to a briefing and hearing 21 schedule for the City's and/or EGTC's demurrer to the Complaint, which stipulation was adopted 22 bytheCourtonApril7,2017. (Ebrahimi Declaration, Ex. B.) 23 4. On April 12,2017, at approximately 11:10 a.m., I , along with Ms. Ebrahimi and 24 her associate Leslie Z. Walker, as well as Jonathan P. Hobbs (attomey for the City), telephoned 25 Ms. Bames to meet and confer to determine if we could resolve any of the City's and EGTC's 26 objections to the Complaint. During the call, which lasted nearly one hour, the. City and EGTC's 27 counsel identified all of the specific causes of action that are subject to demurrer and identified 28 1 DMWEST #16482691 v2 DECLARATION OF SCOTT M . PEARSON IN SUPPORT OF REAL PARTIES IN INTEREST AND DEFENDANTS' ELK GROVE TOWN CENTER, LP AND THE HOWARD HUGHES CORPORATION'S DEMURRER TO AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF 1 statiites and case citations supporting the grounds for demurrer to the Complaint. (Ebrahimi 2 Declaration, Ex. C.) 3 5. During the meet and confer, Ms. Bames provided no authority for her Complaint, 4 but provided an email following the call providing a copy of a letter from Congressman Bishop, a 5 directive from the Acting Assistant Secretary of Indian Affairs from the Department of Interior, 6 dated April 6, 2017, and a chart prepared by an unidentified source. (Ebrahimi Declaration, Ex. 7 D.) 8 6. During the meet and confer, Ms. Bames agreed to provide the balance of her legal 9 authority no later than April 19, 2017. 10 7. On April 14, 2017,1 received a letter from Ms. Bames responding to EGTC's 11 objection that Elk Grove Town Center, LP and The Howard The Hughes Corporation are not 12 proper parties to the Complaint and are not properly named as the Real Parties in Interest. Ms. 13 Bames disagreed with my objection and claimed that EGTC are properly named as the Real 14 Parties in Interest related to the CEQA and land use claims asserted in the Writ. 15 8. On April 20, 2017, Ms. Bames sent an email requesting clarification of the 16 authorities cited diuing the meet and confer and agreeing that "there is no factual cormect between 17 the basis for CEQA challenges in the Petition filed November 23 [no CEQA re^ 1st Amended DA], 18 and the Amended Petition." Ms. Ebrahimi provided a clarification, but still Ms. Bames did not 19 send legal authority to support Petitioners' Complaint. (Ebrahimi Declaration, Ex. E.) 20 9. On April 25,2017, Ms. Bames sent an email which attached an "interoffice 21 memorandum" providing the balance of Petitioners' response to the issues raised by the City's and i 22 EGTC's coimsel diuing the meet and confer. Ms. Bames again attached a chart depicting 23 Petitioners' authority for the Complaint. (Ebrahimi Declaration, Ex. F.) 24 10. On April 28, 2017, Ms. Ebrahimi responded to Ms. Bames' April 25, 2017 email 25 by stating that she was not persuaded by Ms. Bames' interoffice memorandum. Because the 26 parties were unable to reach an agreement to resolve the City's and EGTC's objections to the 27 Complaint, the parties decided to proceed with filmg a demurrer. (Ebrahimi Declaration, Ex. G.) 28 DMWEST #16482691 v2 DECLARATION OF SCOTT M . PEARSON IN SUPPORT OF REAL PARTIES IN INTEREST AND DEFENDANTS' ELK GROVE TOWN CENTER, LP AND THE HOWARD HUGHES CORPORATION'S DEMURRER TO AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF 1 I declare under penalty of perjury under the laws of the State of Califomia that the 2 foregoing is tme and correct to the best of my knowledge. 3 Executed on this 8"^ day of May 2017, at Los Angeles, Califomia. 4 5 Scott M. Pearson 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DMWEST #16482691 v2 DECLARATION OF SCOTT M . PEARSON IN SUPPORT OF REAL PARTIES IN INTEREST AND DEFENDANTS' ELK GROVE TOWN CENTER, LP AND THE HOWARD HUGHES CORPORATION'S DEMURRER TO AMENDED PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY RELIEF PROOF OF SERVICE 2 I am a resident of the State of Califomia, over the age of eighteen years, and not a party to the within action. My business address is BALLARD SPAHR LLP, 2029 Century Park East, Suite 3 800, Los Angeles, CA 90067-2909. On May 8,2017,1 served die witiiin documents: DECLARATION OF SCOTT M. PEARSON IN SUPPORT OF REAL PARTIES IN 4 INTEREST AND DEFENDANTS ELK GROVE TOWN CENTER, LP AND THE HOWARD HUGHES CORPORATION'S DEMURRER TO VERIFIED AMENDED 5 PETITION FOR WRIT OF MANDATE AND COIVIPLAINT FOR DECLARATORY RELIEF • BY FAX: by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. 8 • BY HAND: by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. 9 • BY MAIL: by placing the dociiment(s) listed above in a sealed envelope with 10 postage thereon fidly prepaid, in the United States mail at Los Angeles, Califomia addressed as set fortii below. 11 • BY E-MAIL: by attaching an electronic copy of the document(s) listed above to 12 the e-mail address listed below. 13 0 BY OVERNIGHT MAIL: by causing document(s) to be picked up by an ovemight delivery service company for delivery to the addressee(s) on the next 14 business day. 15 • BY PERSONAL DELIVERY: by causing personal delivery by First Legal Support Services of the document(s) listed above to the person(s) at the address(es) 16 set forth below. 17 Brigit S. Bames, Esq. Jonathan P. Hobbs, City Attomey bsbames@landlawbybames.com jhobbs@elkgrovecity.org 18 Annie R. Embree, Esq. Jennifer A. Alves, Asst. City Attomey arembree@landlawbybarnes.com j alves@elkgrovecity.org 19 Brigit S. Bames & Associates, Inc. Suzanne Kermedy, Asst. City Attomey 3262 Penryn Road skermedy@elkgrovecity.org 20 Loomis, CA 95650 City of Elk Grove Telephone: 916-660-9555 Office of the City Attomey 21 Facsimile: 916-660-9554 8401 Laguna Palms Way ' Elk Grove, CA 95758 22 Attomeys for Petitioners and Plamtiffs Telephone: 916-683-7111 Facsimile: 916-627-4100 23 Attomeys for Respondent and Defendant 24 CITY OF ELK GROVE 25 26 27 28 DMWEST #16482691 v2 I PROOF OF SERVICE Mona G. Ebrahimi, Esq. mebrahimi@kmtg.com Leslie Z. Walker, Esq. lwalker@kmtg.com Kronick, Moskovitz, Tiedemann & Girard 400 Capitol Mall, 27"^ Floor Sacramento, C A 95814 Telephone: 916-321-4500 Facsimile: 916-321-4555 Attomeys for Respondent and Defendant CITY OF ELK GROVE 7 I am readily familiar with the firm's practice of collection and processing correspondence 8 for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordineiry course of business. I arn aware that on 9 motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. 10 I declare under penalty of perjury under the laws of the State of Califomia that the 11 foregoing is tme and correct. 12 Executed on May 8, 2017, at Los Angeles, Califomia 13 14 ' Knstine Nakashima 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DMWEST #16482691 v2 PROOF OF SERVICE