On May 03, 2021 a
Motion-Secondary
was filed
involving a dispute between
City Of Ontario,
and
Does 1 Through 25,
Mondragon, Carlos Ronces,
Wells Fargo Bank, N.A.,
for Other Real Property Unlimited
in the District Court of San Bernardino County.
Preview
v ORIGiNAL V
CHARISSE L. SMITH, Bar N0. 213646 EXEMPT FROM FILING FEES PURSUANT TC
GOV. CODE § 6103
VENUS G. TRUNNEL, Bar No. 179980
THE LAW OFFICES OF CHARISSE L. SMITH
8301 Utica Avenue, Suite 102
Rancho Cucamonga, California 91730
SUPFR‘ORFCOIUIF?
E
‘
T 0F CALIFORNI
COUNTY 0F SAN BERNARDINO A
._
Telephone: (909) 257-0650
Facsimile: (909) 257-0649 SAN RERNARDINO 025TRICT
csmith@clsmithlaw.com
Fax
vtrunnel@clsmithlaw.com MAY .1 9 2021
By
\OOOQONUI-b
Attorneys for Plaintiff, City of Ontario
RV NJ O 1 ‘
«f
\\/
“a
NICOLE O’DWYER, DEPUTY
k,
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN BERNARDINO
91730
10 SAN BERNARDINO JUSTICE CENTER
130
11 CITY OF ONTARIO, a California Case N0. CIVSBZl 10899
CALIFORNIA
municipal corporation, on behalf of the
SUITE
M. Tomberlin
Judge: Hon. John
OF
SMITH
12 PEOPLE OF THE STATE OF
L.
CALIFORNIA, DECLARATION OF MIGUEL JIMENEZ
OFFICES AVENUE,
13
IN SUPPORT OF MOTION FOR
Plaintiff and Petitioner,
PRELIMINARY INJUNCTION
CHARISSE
14
CUCAMONGA,
LAW
UTICA
V.
[Filed concurrently with:
15
8301 Notice of Motion and Motion;
CARLOS RONCES MONDRAGON, an Memorandum of Points and Authorities;
RANCHO 16 individual;
Request for Judicial Notice;
WELLS FARGO BANK, N.A. #999959!“
Declaration of Salvador AVina;
17 a national association; and DOES 1 through Declaration 0f David Bucholtz;
25, inclusive,
Declaration of Charisse Smith;
18
Exhibit List of Declarations from
Defendants and Respondents. Neighboring Property Owners; and
19
8. [Proposed] Order.]
20
Hearing on Motion for Preliminag
Injunction:
21
Date: June 24, 2021
22
Time: 9:00 am.
Dept: S33
23
24
25
26
27
28
DECLARATION OF MIGUEL JIMENEZ
'V \r
DECLARATION OF MIGUEL JIMENEZ
I, Miguel Jimenez, declare:
1. I am over 18 years 0f age, and I am a Community Improvement Officer, and at all
times pertinent hereto, have been employed by the City of Ontario (“City”). My responsibilities
include inspecting the conditions of residential and commercial properties to determine whether
Violations of the State Housing Law and the City’s adopted codes exist. I am submitting this
declaration in support 0f the City’s Motion for Preliminary Injunction (“Motion”) concerning the
real property located at 2020 S. Magnolia Avenue, in the City of Ontario, California, Assessor’s
Parcel Number 1014-541-10—0000 and 1014-514-1 0-1000 (the “Property”). The Property is owned
730
10 by Carlos Ronces Mondragon.
91
102
11 2. I was assigned t0 the case from approximately November 2017 to approximately
CALIFORNIA
SUITE
OF SMITH 12 January 2020. Before I started working the case, Officer Bucholtz was the Officer (see Declaration
L.
OFFICES AVENUE,
13 of David Bucholtz filed concurrently). The case was transferred t0 Officer Salvador AVina in about
CHARISSE CUCAMONGA,
14 February 2020 (see Declaration of Salvador Avina filed concurrently). The following is true and
LAW
UTICA
15 correct to the best of my knowledge, and if called upon t0 do so, I could and would testify
8301
RANCHO
16 competently thereto in a court 0f law.
17 3. On or about November 21, 2017, I conducted a site inspection and observed that
18 code violations remained despite the Notice and Order that had been issued in 2015 by Officer
19 David Bucholtz. I was unable to enter the Property, but it was obvious the unpermitted structures
20 in question were still in use. The plans had not been resubmitted. Accordingly, on or about
21 November 27, 2017, I issued first level administrative Citation No. C-305001 (‘First Citation”) for
22 failure t0 obey the Notice and Order issued July 13, 2015. The Citation allowed until December
23 11, 201 7 to comply. (True and correct copies of the First Citation and photographs taken from the
public right of way on November 2017 are attached hereto as Exhibit “A” and incorporated
24 21,
25 herein by reference.)
26 4. On or about January 4, 2018, the Owner came to the Community Improvement
27 Department to talk about the active case on his Property. The Owner advised me that he had
28 endured personal matters and designer issues during the past year which caused the delay with the
-2-
DECLARATION OF MIGUEL JIMENEZ
Document Filed Date
May 19, 2021
Case Filing Date
May 03, 2021
Category
Other Real Property Unlimited
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v ORIGiNAL V CHARISSE L. SMITH, Bar N0. 213646 EXEMPT FROM FILING FEES PURSUANT TC GOV. CODE § 6103 VENUS G. TRUNNEL, Bar No. 179980 THE LAW OFFICES OF CHARISSE L. SMITH 8301 Utica Avenue, Suite 102 Rancho Cucamonga, California 91730 SUPFR‘ORFCOIUIF? E ‘ T 0F CALIFORNI COUNTY 0F SAN BERNARDINO A ._ Telephone: (909) 257-0650 Facsimile: (909) 257-0649 SAN RERNARDINO 025TRICT csmith@clsmithlaw.com Fax vtrunnel@clsmithlaw.com MAY .1 9 2021 By \OOOQONUI-b Attorneys for Plaintiff, City of Ontario RV NJ O 1 ‘ «f \\/ “a NICOLE O’DWYER, DEPUTY k, SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN BERNARDINO 91730 10 SAN BERNARDINO JUSTICE CENTER 130 11 CITY OF ONTARIO, a California Case N0. CIVSBZl 10899 CALIFORNIA municipal corporation, on behalf of the SUITE M. Tomberlin Judge: Hon. John OF SMITH 12 PEOPLE OF THE STATE OF L. CALIFORNIA, DECLARATION OF MIGUEL JIMENEZ OFFICES AVENUE, 13 IN SUPPORT OF MOTION FOR Plaintiff and Petitioner, PRELIMINARY INJUNCTION CHARISSE 14 CUCAMONGA, LAW UTICA V. [Filed concurrently with: 15 8301 Notice of Motion and Motion; CARLOS RONCES MONDRAGON, an Memorandum of Points and Authorities; RANCHO 16 individual; Request for Judicial Notice; WELLS FARGO BANK, N.A. #999959!“ Declaration of Salvador AVina; 17 a national association; and DOES 1 through Declaration 0f David Bucholtz; 25, inclusive, Declaration of Charisse Smith; 18 Exhibit List of Declarations from Defendants and Respondents. Neighboring Property Owners; and 19 8. [Proposed] Order.] 20 Hearing on Motion for Preliminag Injunction: 21 Date: June 24, 2021 22 Time: 9:00 am. Dept: S33 23 24 25 26 27 28 DECLARATION OF MIGUEL JIMENEZ 'V \r DECLARATION OF MIGUEL JIMENEZ I, Miguel Jimenez, declare: 1. I am over 18 years 0f age, and I am a Community Improvement Officer, and at all times pertinent hereto, have been employed by the City of Ontario (“City”). My responsibilities include inspecting the conditions of residential and commercial properties to determine whether Violations of the State Housing Law and the City’s adopted codes exist. I am submitting this declaration in support 0f the City’s Motion for Preliminary Injunction (“Motion”) concerning the real property located at 2020 S. Magnolia Avenue, in the City of Ontario, California, Assessor’s Parcel Number 1014-541-10—0000 and 1014-514-1 0-1000 (the “Property”). The Property is owned 730 10 by Carlos Ronces Mondragon. 91 102 11 2. I was assigned t0 the case from approximately November 2017 to approximately CALIFORNIA SUITE OF SMITH 12 January 2020. Before I started working the case, Officer Bucholtz was the Officer (see Declaration L. OFFICES AVENUE, 13 of David Bucholtz filed concurrently). The case was transferred t0 Officer Salvador AVina in about CHARISSE CUCAMONGA, 14 February 2020 (see Declaration of Salvador Avina filed concurrently). The following is true and LAW UTICA 15 correct to the best of my knowledge, and if called upon t0 do so, I could and would testify 8301 RANCHO 16 competently thereto in a court 0f law. 17 3. On or about November 21, 2017, I conducted a site inspection and observed that 18 code violations remained despite the Notice and Order that had been issued in 2015 by Officer 19 David Bucholtz. I was unable to enter the Property, but it was obvious the unpermitted structures 20 in question were still in use. The plans had not been resubmitted. Accordingly, on or about 21 November 27, 2017, I issued first level administrative Citation No. C-305001 (‘First Citation”) for 22 failure t0 obey the Notice and Order issued July 13, 2015. The Citation allowed until December 23 11, 201 7 to comply. (True and correct copies of the First Citation and photographs taken from the public right of way on November 2017 are attached hereto as Exhibit “A” and incorporated 24 21, 25 herein by reference.) 26 4. On or about January 4, 2018, the Owner came to the Community Improvement 27 Department to talk about the active case on his Property. The Owner advised me that he had 28 endured personal matters and designer issues during the past year which caused the delay with the -2- DECLARATION OF MIGUEL JIMENEZ