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1 ROB BONTA
Attomey General of Califomia
2 RUSSELL B . HILDRETH
3
Supervising Deputy Attomey General
ANDREA M . KENDRICK State Bar No. 225688
FlLED/ENDORSED
COURTNEY S. COVINGTON, State Bar No. 259723
4 Deputy Attomeys General SEP - 1 2021
1300 I Street, Suite 125
5 P.O. Box 944255 By:. H. PEMELTON
Sacramento, CA 94244-2550 Deputy Clark
6 Telephone: (916)210-7821
Fax:(916)327-2319
7 E-mail: Andrea.Kendrick@doj.ca.gov
Exempt from Filing Fees
8 Attorneys for Defendants Pursuant to Gov. Code, §6103
9
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SACRAMENTO
12
13 FIRE GUARD CORPORATION; Case No. 34-2019-00249221
BARMAN BRIAN SHAHANGIAN, an
14 individual; and CALIFORNIA FIRE DEFENDANTS' REQUEST FOR
PROTECTION COALITION, a California JUDICIAL NOTICE IN SUPPORT OF
15 Corporation; and JUAN CARLOS DEL OPPOSITION TO PLAINTIFF
TORO TREJO, an individual,, CALIFORNIA FIRE PROTECTION
16 COALITION'S MOTION FOR
Plainfiffs, SUMMARY JUDGMENT, OR IN THE
17 ALTERNATIVE, SUMMARY
ADJUDICATION
18
Date: September 15, 2021
19 CALIFORNIA DEPARTMENT OF Time: 1:30 p.m.
FORESTRY AND FIRE PROTECTION; Dept: 53
20 CALIFORNIA OFFICE OF THE STATE Trial Date: December 5-9, 2022
FIRE MARSHAL; MIKE RICHWINE, in
21 his official capacity as State Fire Marshal;
JEFFERY SCHWARTZ, in his official
22 capacity as Deputy State Fire Marshal; and
DOES 1 through 10, inclusive.
23
Defendants.
24
25
26
27
28
1
Defendants' Request for Judicial Notice In Support of Opposition to the Coalition's MSJ/MSA (34-2019-00249221)
1 Defendants Califomia Department of Forestry and Fire Protection, Califomia Office of the
2 State Fire Marshal, Mike Richwine, in his official capacity as State Fire Marshal, and Jeffrey
3 Schwartz, in his official capacity as Deputy State Fire Marshal, hereby request that the Court take
4 judicial notice of the following documents, which are attached as Exhibits F through H to
5 Defendants' Exhibits In Support of Opposition to Motion for Summary Judgment, or in the
6 Altemative, Summary Adjudication filed concurrently.
7 1. Exhibit F
8 Exhibit F: Assembly Bill No. 433, Chapter 377. A tme and correct copy of Assembly Bill
9 No. 433, Chapter 377, is attached as Exhibit F to Defendants' Exhibits In Support of Opposition
10 to Motion for Summary Judgment, or in the Altemative, Summary Adjudication.
11 Evidence Code section 451, subdivision (a) provides that a court shall take judicial notice
12 of the public statutory law of this state. Evidence Code section 452, subdivision (a) provides that
13 a court may take judicial notice of the statutory law of the state. (Evid. Code, § 451, subd. (a);
14 Evid. Code, § 452, subd. (a).)
15 2. Exhibit G
16 Exhibit G: Assembly Bill No. 433, as introduced on Febmary 15, 2013. A tme and correct
17 copy of AB 433 as introduced on Febmary 15, 2013, is attached as Exhibit G to Defendants'
18 Exhibits In Support of Opposition to Motion for Summary Judgment, or in the Altemative,
19 Summary Adjudication.
20 Evidence Code section 452, subdivision (c) provides that a court may take judicial notice of
21 the official acts of the legislative, executive, and judicial departments of the state. (Evid. Code, §
22 452, subd. (c).) Different versions of a bill are cognizable legislative history. (Kaufman & Broad
23 Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal.App.4th 26, 31.)
24 ///
25 ///
26 ///
27 ///
28 ///
Defendants' Request for Judicial Notice In Support of Opposition to the Coalition's MSJ/MSA (34-2019-00249221)
1 3. Exhibit H
2 Exhibit H: Assembly Bill No. 433, Senate Appropriations Committee Fiscal Summary for
3 AB 433 amended August 13,2013, for hearing date of August 26,2013. A true and correct copy
4 of the Senate Appropriations Committee Fiscal Summary for AB 433 amended August 13,2013,
5 is attached as Exhibit H to Defendants' Exhibits In Support of Opposition to Motion for
6 Simmiaiy Judgment, or in the Altemative, Summary Adjudication.
7 Evidence Code section 452, subdivision (c) provides that a court may take judicial notice of
8 the official acts of the legislative, executive, and judicial departments of the state. (Evid. Code, §
9 452, subd. (c).) Legislative committee reports and analyses are cognizable legislative history.
10 (Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal.App.4th
11 26,32.)
12
13 Dated: September 1,2021 Respectfiilly submitted,
14 ROB BONTA
15 Attomey General of Califomia
RUSSELL B . HILDRETH
16 Supervising Deputy Attomey General
17
18
ANDREA M. KENDRICK
19 Deputy Attomey General
Attomeys for Defendants
20
21 SA2019300028
35414011.docx
22
23
24
25
26
27
28
Defendants' RequestforJudicial Notice In Support of Opposition to the Coalition's MSJ/MSA (34-2019-00249221)
DECLARATION OF SERVICE BY E-MAIL and OVERNIGHT COURIER
Case Name: Fire Guard Corporation, et uL v. California Department of Forestry and Fire
Protection, et uL
Case No.: Sacramento County Superior Court Case No. 34-2019-00249221
I declare:
I am employed in the Office of the Attomey General, which is the office of a member of the
Califomia State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter; my business address is: 1300 I Street, Suite 125, P.O. Box
944255, Sacramento, CA 94244-2550. I am familiar with the business practice at the Office of
the Attomey General for collection and processing of correspondence for ovemight mail with
FedEx. In accordance with that practice, correspondence placed in the intemal mail collection
system at the Office of the Attomey General is deposited with the ovemight courier that same
day in the ordinary course of business.
On September 1.2021.1 served the attached DEFENDANTS' REQUEST FOR JUDICIAL
NOTICE IN SUPPORT OF OPPOSITION TO PLAINTIFF CALIFORNIA FIRE
PROTECTION COALITION'S MOTION FOR SUMMARY JUDGMENT, OR IN THE
ALTERNATIVE, SUMMARY ADJUDICATION by transmitting a tme copy via electronic
mail using the CA Department of Justice FILEeXCHAGE link. In addition, I placed a tme copy
thereof enclosed in a sealed envelope, in the intemal mail system of the Office of the Attomey
General, for ovemight delivery, addressed as follows:
SEE ATTACHED SERVICE LIST
I declare under penalty of perjury under the laws of the State of Califomia and the United States
of America the foregoing is tme and correct and that this declaration was executed on
September 1, 2021, at Sacramento, Califomia.
Rochelle Uda-Quillen
Declarant Signature
SA2019300028
35417174.docx
Fire Guard Corporation, et uL v. California Department of Forestry and Fire Protection, et ai
Sacramento County Superior Court Case No. 34-2019-00249221
SERVED VIA EMAIL using CA Dept. of Justice File eXchange
Margaret Esquiroz, Esq.
4924 Balboa Boulevard, #500
Encino, CA 91316-3402
esquiroz@pm.me
Attorneys for California Fire Protection Coalition
William L. Gausewitz, Esq.
GREENBERG TRAURIG, LLP
1201 K Street, Suite 1100
Sacramento, CA 95814-3938
gausewitzb@gtlaw.com
Attorneys for California Fire Protection Coalition
SERVED VIA FEDEX
Timothy V. Kassouni, Esq.
KASSOUNI LAW
455 Capitol Mall, Suite 604
Sacramento, CA 95814
Attorney for Fire Guard Corporation and Bahman Brian Shahangian
Preview
1 ROB BONTA Attomey General of Califomia 2 RUSSELL B . HILDRETH 3 Supervising Deputy Attomey General ANDREA M . KENDRICK State Bar No. 225688 FlLED/ENDORSED COURTNEY S. COVINGTON, State Bar No. 259723 4 Deputy Attomeys General SEP - 1 2021 1300 I Street, Suite 125 5 P.O. Box 944255 By:. H. PEMELTON Sacramento, CA 94244-2550 Deputy Clark 6 Telephone: (916)210-7821 Fax:(916)327-2319 7 E-mail: Andrea.Kendrick@doj.ca.gov Exempt from Filing Fees 8 Attorneys for Defendants Pursuant to Gov. Code, §6103 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SACRAMENTO 12 13 FIRE GUARD CORPORATION; Case No. 34-2019-00249221 BARMAN BRIAN SHAHANGIAN, an 14 individual; and CALIFORNIA FIRE DEFENDANTS' REQUEST FOR PROTECTION COALITION, a California JUDICIAL NOTICE IN SUPPORT OF 15 Corporation; and JUAN CARLOS DEL OPPOSITION TO PLAINTIFF TORO TREJO, an individual,, CALIFORNIA FIRE PROTECTION 16 COALITION'S MOTION FOR Plainfiffs, SUMMARY JUDGMENT, OR IN THE 17 ALTERNATIVE, SUMMARY ADJUDICATION 18 Date: September 15, 2021 19 CALIFORNIA DEPARTMENT OF Time: 1:30 p.m. FORESTRY AND FIRE PROTECTION; Dept: 53 20 CALIFORNIA OFFICE OF THE STATE Trial Date: December 5-9, 2022 FIRE MARSHAL; MIKE RICHWINE, in 21 his official capacity as State Fire Marshal; JEFFERY SCHWARTZ, in his official 22 capacity as Deputy State Fire Marshal; and DOES 1 through 10, inclusive. 23 Defendants. 24 25 26 27 28 1 Defendants' Request for Judicial Notice In Support of Opposition to the Coalition's MSJ/MSA (34-2019-00249221) 1 Defendants Califomia Department of Forestry and Fire Protection, Califomia Office of the 2 State Fire Marshal, Mike Richwine, in his official capacity as State Fire Marshal, and Jeffrey 3 Schwartz, in his official capacity as Deputy State Fire Marshal, hereby request that the Court take 4 judicial notice of the following documents, which are attached as Exhibits F through H to 5 Defendants' Exhibits In Support of Opposition to Motion for Summary Judgment, or in the 6 Altemative, Summary Adjudication filed concurrently. 7 1. Exhibit F 8 Exhibit F: Assembly Bill No. 433, Chapter 377. A tme and correct copy of Assembly Bill 9 No. 433, Chapter 377, is attached as Exhibit F to Defendants' Exhibits In Support of Opposition 10 to Motion for Summary Judgment, or in the Altemative, Summary Adjudication. 11 Evidence Code section 451, subdivision (a) provides that a court shall take judicial notice 12 of the public statutory law of this state. Evidence Code section 452, subdivision (a) provides that 13 a court may take judicial notice of the statutory law of the state. (Evid. Code, § 451, subd. (a); 14 Evid. Code, § 452, subd. (a).) 15 2. Exhibit G 16 Exhibit G: Assembly Bill No. 433, as introduced on Febmary 15, 2013. A tme and correct 17 copy of AB 433 as introduced on Febmary 15, 2013, is attached as Exhibit G to Defendants' 18 Exhibits In Support of Opposition to Motion for Summary Judgment, or in the Altemative, 19 Summary Adjudication. 20 Evidence Code section 452, subdivision (c) provides that a court may take judicial notice of 21 the official acts of the legislative, executive, and judicial departments of the state. (Evid. Code, § 22 452, subd. (c).) Different versions of a bill are cognizable legislative history. (Kaufman & Broad 23 Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal.App.4th 26, 31.) 24 /// 25 /// 26 /// 27 /// 28 /// Defendants' Request for Judicial Notice In Support of Opposition to the Coalition's MSJ/MSA (34-2019-00249221) 1 3. Exhibit H 2 Exhibit H: Assembly Bill No. 433, Senate Appropriations Committee Fiscal Summary for 3 AB 433 amended August 13,2013, for hearing date of August 26,2013. A true and correct copy 4 of the Senate Appropriations Committee Fiscal Summary for AB 433 amended August 13,2013, 5 is attached as Exhibit H to Defendants' Exhibits In Support of Opposition to Motion for 6 Simmiaiy Judgment, or in the Altemative, Summary Adjudication. 7 Evidence Code section 452, subdivision (c) provides that a court may take judicial notice of 8 the official acts of the legislative, executive, and judicial departments of the state. (Evid. Code, § 9 452, subd. (c).) Legislative committee reports and analyses are cognizable legislative history. 10 (Kaufman & Broad Communities, Inc. v. Performance Plastering, Inc. (2005) 133 Cal.App.4th 11 26,32.) 12 13 Dated: September 1,2021 Respectfiilly submitted, 14 ROB BONTA 15 Attomey General of Califomia RUSSELL B . HILDRETH 16 Supervising Deputy Attomey General 17 18 ANDREA M. KENDRICK 19 Deputy Attomey General Attomeys for Defendants 20 21 SA2019300028 35414011.docx 22 23 24 25 26 27 28 Defendants' RequestforJudicial Notice In Support of Opposition to the Coalition's MSJ/MSA (34-2019-00249221) DECLARATION OF SERVICE BY E-MAIL and OVERNIGHT COURIER Case Name: Fire Guard Corporation, et uL v. California Department of Forestry and Fire Protection, et uL Case No.: Sacramento County Superior Court Case No. 34-2019-00249221 I declare: I am employed in the Office of the Attomey General, which is the office of a member of the Califomia State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter; my business address is: 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550. I am familiar with the business practice at the Office of the Attomey General for collection and processing of correspondence for ovemight mail with FedEx. In accordance with that practice, correspondence placed in the intemal mail collection system at the Office of the Attomey General is deposited with the ovemight courier that same day in the ordinary course of business. On September 1.2021.1 served the attached DEFENDANTS' REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO PLAINTIFF CALIFORNIA FIRE PROTECTION COALITION'S MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION by transmitting a tme copy via electronic mail using the CA Department of Justice FILEeXCHAGE link. In addition, I placed a tme copy thereof enclosed in a sealed envelope, in the intemal mail system of the Office of the Attomey General, for ovemight delivery, addressed as follows: SEE ATTACHED SERVICE LIST I declare under penalty of perjury under the laws of the State of Califomia and the United States of America the foregoing is tme and correct and that this declaration was executed on September 1, 2021, at Sacramento, Califomia. Rochelle Uda-Quillen Declarant Signature SA2019300028 35417174.docx Fire Guard Corporation, et uL v. California Department of Forestry and Fire Protection, et ai Sacramento County Superior Court Case No. 34-2019-00249221 SERVED VIA EMAIL using CA Dept. of Justice File eXchange Margaret Esquiroz, Esq. 4924 Balboa Boulevard, #500 Encino, CA 91316-3402 esquiroz@pm.me Attorneys for California Fire Protection Coalition William L. Gausewitz, Esq. GREENBERG TRAURIG, LLP 1201 K Street, Suite 1100 Sacramento, CA 95814-3938 gausewitzb@gtlaw.com Attorneys for California Fire Protection Coalition SERVED VIA FEDEX Timothy V. Kassouni, Esq. KASSOUNI LAW 455 Capitol Mall, Suite 604 Sacramento, CA 95814 Attorney for Fire Guard Corporation and Bahman Brian Shahangian