Motion-Secondary: The Red Brennan Group -v- Jimenez et al Print

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                                THE SUTTON LAW FIRM, PC
     Bradley W. Hertz, State Bar No. 138564
                                                                      SUPER!
     bhertz@campaignlawyers.com                                        COUN’
                                                                                               CALIFORNIE
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     22815 Ventura Boulevard, #405
     Los Angeles, CA 91364
     Tel: (818) 593-2949 * Fax: (415) 732-7701                                 BEC @ ganz?
     SANDERS POLITICAL LAW                                       BY                  yf   A,
     Nicholas L. Sanders, State Bar No. 307402                                 LAURA a             DEPUTY
      icholas@sanderspoliticallaw.com
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     Sacramento, CA 95814
     Tel: (916) 242-7414 * Fax: (916) 242-8824

     Attorneys for Real Party in Interest                       [NO FILING FEE DUE PER
     SAN BERNARDINO COUNTY                                      CALIFORNIA GOVERNMENT
     BOARD OF SUPERVISORS                                       CODE SECTION 6103]
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                    IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
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                                FOR THE COUNTY OF SAN BERNARDINO
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      THE RED BRENNAN GROUP,                         Case No: CIV SB 2218598
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              Petitioner/Plaintiff,                  (Assigned for All Purposes to the Hon.
15                                                   Judge Winston Keh - Department S33)
              Vv.
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                                                     REAL PARTY IN INTEREST SAN
17    MICHAEL JIMENEZ, in his official               BERNARDINO COUNTY BOARD OF
      capacity as San Bernardino County              SUPERVISORS’ EVIDENTIARY
18    Registrar of Voters; and DOES 1 through 10,    OBJECTIONS TO DECLARATION OF
      inclusive,                                     ALEXANDER A. FRANK AND TO
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                                                     EXHIBITS THERETO
20            Respondents/Defendants.
                                                     Date: December 15, 2022
21                                                   Time: 8:30 a.m.
                                                     Dept: $33
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      SAN BERNARDINO COUNTY BOARD
23    OF SUPERVISORS,                                Initial Pleading Filed:
                                                     September 28, 2022
24            Real Party in Interest.
                                                     First Amended Pleading Filed:
25                                                   October 25, 2022
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28           REAL PARTY IN INTEREST BOARD OF SUPERVISORS’   EVIDENTIARY OBJECTIONS
Real Party in Interest the SAN BERNARDINO COUNTY BOARD OF

     SUPERVISORS (the “Board”) hereby objects to Petitioner/Plaintiff THE RED
     BRENNAN GROUP’s (“Petitioner”) evidence provided in support of its Amended
     Petition for Writ of Mandate and Complaint for Injunctive and Declaratory Relief, and
     particularly the Declaration of Alexander A. Frank and exhibits thereto, as follows:



             Material Objected to              Evidentiary Objection          Ruling on Objectio

      1. “In July of 2022, the California     1) Relevance (Evidence        Sustained:

10    court of appeal issued a tentative      Code section 350).

ll    opinion partially reversing the trial   2) Its probative value is     Overruled:

12    court ruling and essentially            substantially outweighed

      upholding Measure K. (A true and        by the probability that its
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      correct copy of the California Court    admission will create
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      of Appeal tentative opinion is          substantial danger of
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      attached hereto as Exhibit C).”         undue prejudice and of
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      (Declaration of Alexander A.            confusing the issues.
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      Frank, 2:18-20)                         (Evidence Code section
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                                              352).
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28           REAL PARTY IN INTEREST BOARD OF SUPERVISORS’       EVIDENTIARY OBJECTIONS