Complaint,Petition: The Red Brennan Group -v- Jimenez et al Print

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                                                                              SUPERIOR counT 0F CALIFo
                                                                                                              D
     CD. Michel—SBN     144258                                                 coumv 0F SAN BERNAanIng'A
     Joseph Di Monda—SBN 184640                                                    sm      95mm               ousraccr
     Alexander A. Frank — SBN 31 171 8
     MICHEL & ASSOCIATES,               P.C.                                               NOV 21        2022
     180    Ocean Blvd, Suite 200
           E.
     Long Beach, CA 90802
                                                                                           k.



     Telephone: (562) 216—4444
     Facsimile: (562) 216—4445
     Email: afrankaffimichcllawycrs.com

     Attorneys for Petitioner/Plaintiff THE         RED BRENNAN GROUP

                     IN    THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
                                FOR THE COUNTY OF SAN BERNARDINO
      THE RED BRENNAN GROUP.                                     CASE    No.2 CIVSBZZISS98
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                          Petitioner/Plaintiff,                  Assignedfbr allpurposes             to the   Hon.


                v.                                               DECLARATION OF ALEXANDER A.
12                                                               FRANK 1N SUPPORT OF AMENDED
      MICHAEL JIMENEZ,             in his official capacity       PETITION FOR WRIT OF MANDATE AN] U
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           San Bemardino County Registrar 0f Voters;
                                                                 COMPLAINT FOR DECLARATORY AND
      as
                                                                 INJUNCTIVE RELIEF
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      and   DOES     1   through 10, inclusive,
                                                                 [Filed concurrently with Memorandum of Points
                          Respondents/Defendants.
                                                                 and Authorities; notice 0f writ hearing and writ;
                                                                 [proposed order]]
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                                                                 Date:   December    15,   2022
17                                                               Time: 8:30 a.m.
                                                                 Dept: 33
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                                                                 Action Filed: Sep. 28, 2022
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20     SAN BERNARDINO COUNTY BOARD OF
       SUPERVISORS,
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                            Real Party in   Interest.

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                                    DECLARATION OF ALEXANDER A. FRANK
                                DECLARATION OF ALEXANDER A. FRANK
          I,   Alexander A. Frank, declare as follows:

          l.        I   am   an attorney duly licensed t0 practice law before                                all   courts of the State of

California. This declaration                is   submitted    in   suppofi of Petitioner The Red Brennan Group’s ex

parte application for an order to immediately set the hearing date on Petitioner’s writ petition and

complaint for declaratory and injunctive                      relief.    The following               facts are within       my persona]
knowledge and           if call as a   witness       I   can and will competently                    testify hereto.


          2.        In 2020,     San Bemardino County voters overwhelmingly approved Measure K.

Measure K’s two substantive provisions were limiting the individual supervisors’                                                   salaries t0


$5,000 pcr month inclusive of benefits and a single tenn 0f office limitation. (See true and correct

copy of a screenshot from the Registrar’s website 0f the Measure                                         D   election results attached as


Exhibit A)

          3.            A true and correct copy of Measure K as                            it   appeared in the 2020 Registrar’s voter

information guide, which shows                     its   substantive provisions,                is   attached hereto as Exhibit B.

          4.        The Supervisors filed                  a lawsuit t0 challenge                Measure K’s substantive provisions,

titled   San Bernardino County Board QfSupervisors                              v.   Lynna Monell, San Bemardino County

Superior Court Case No.              ClVSBZOZS3 19.

          5.        In July    0f2022, the California court of appeal issued a tentative opinion                                         partially


reversing the     trial   court ruling and essentially upholding Measure K.                                   (A    true   and correct copy of

the California Court 0f Appeal tentative opinion                          is   attached hereto as Exhibit C).

          6.        Exhibit      D     is   intentionally omitted.


          7.        The Supervisors formally met 0n July                             12,   2022, and their next formal meeting was

on July 26, 2022. (A true and correct copy of the July 26, 2022, meeting agenda                                               is   attached here

as Exhibit E.)

                                                                         9‘“   and formally adopted Measure D. (A true and
          8.        The Supervisors met 0n August

correct partial    copy 0f the August 9 agenda                     is   attached hereto as Exhibit F.)




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                                                   FRANK DECLARATION