Preview
P. RANDOLPH FINCH JR., SBN 185004
EMAIL: pfinch@ftblaw.com
1 ANDREA L. PETRAY, SBN 240085 Exempt from Filing Fees
EMAIL: apetray@ftblaw.com
Government Code section 6103
2 THOMAS E. DIAMOND, SBN 323333
EMAIL: tdiamond@ftblaw.com
3 FINCH, THORNTON & BAIRD, LLP
ATTORNEYS AT LAW
4 4747 EXECUTIVE DRIVE – SUITE 700
SAN DIEGO, CALIFORNIA 92121 -3107
5 TELEPHONE: (858) 737-3100
FACSIMILE: (858) 737-3101
6 Attorneys for Defendant County of Kern
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF KERN
10 BAKERSFIELD COURTHOUSE
11 JEAN-PIERRE BIANE, doing business as CASE NO: BCV-22-103359 (TMS)
JP BIANE FARMS, (Related Case Nos.: BCV-23-102060 (TMS); and
12 BCV-23-102113 (TMS))
13 Plaintiff, STIPULATION AND [PROPOSED] ORDER TO
SET BRIEFING SCHEDULE
14 v.
Assigned to:
15 COUNTY OF KERN; and Hon. T. Mark Smith, Div. T-2
DOES 1 through 50, inclusive,
16 Complaint Filed: December 13, 2022
Defendants. Trial Date: Not Set
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18 This Stipulation is entered into by and between Plaintiff Jean-Pierre Biane (“Biane”) and
19 Defendant County of Kern (“County”), in the above-captioned action (“Action”) (collectively,
20 the “Parties”). By and through their attorneys of record, the Parties stipulate as follows:
21 RECITALS
22 A. On December 13, 2022, Biane filed a Verified Petition for Writ of Mandate and
23 Complaint for Declaratory Relief against the County. The County answered on March 17,
24 2023.
25 B. Pursuant to a stipulation between the Parties, on June 15, 2023, Biane filed a First
26 Amended Verified Petition for Writ of Mandate and Complaint for Declaratory Relief (“First
27 Amended Petition”). On August 14, 2023, the County filed a demurrer to the First Amended
28 Petition, which was overruled in part and sustained in part, with and without leave to amend.
STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE
1 C. On October 20, 2023, Biane filed a Second Amended Verified Petition for Writ
2 of Mandate and Complaint (“Second Amended Petition”). The Parties continue to meet and
3 confer regarding the Second Amended Petition.
4 D. During the Case Management Conference held on November 16, 2023, Judge
5 Smith agreed the Parties would be permitted to stipulate to hearing dates on a potential
6 demurrer to the Second Amended Petition that deviate from the requirements pursuant to Code.
7 The Court also continued the Case Management Conference to February 6, 2024.
8 E. It is the Parties’ understanding the Court is available for a hearing on a demurrer
9 to the Second Amended Petition on February 22, 2024. The Parties wish to reserve February
10 22, 2024, for such a hearing, and continue the Case Management Conference to the same day.
11 STIPULATION
12 Therefore, the Parties stipulate as follows:
13 1. The deadline for the County to file its demurrer and serve by email is January 25,
14 2024;
15 2. The deadline for Biane to file his opposition to the demurrer is February 6,
16 2024;
17 3. The deadline for the County to file a reply to the opposition is February 13, 2024;
18 and
19 4. The hearing on the demurrer and Case Management Conference will be held on
20 February 22, 2024.
21 DATE: December 6, 2023 Respectfully submitted,
22 FINCH, THORNTON & BAIRD, LLP
23
24 By:_/s/ Thomas E. Diamond_________________
P. RANDOLPH FINCH JR.
25 ANDREA L. PETRAY
THOMAS E. DIAMOND
26 Attorneys for Defendant County of Kern
27 / / / / /
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FINCH, THORNTON &
BAIRD, LLP
4747 Executive 2
Drive - Suite 700
San Diego, CA 92121
(858) 737-3100
STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE
1 DATE: December 6, 2023 Respectfully submitted,
2 ALLEN MATKINS LECK GAMBLE
MALLORY & NATSIS LLP
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By: /s/ Andrew A. Wood
5 ANDREW A. WOOD
KELLY C. SMITH
6 RACHEL A. ROSENBLUM
Attorneys for Plaintiff Jean-Pierre Biane, doing
7 business as JP Biane Farms
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FINCH, THORNTON &
BAIRD, LLP
4747 Executive 3
Drive - Suite 700
San Diego, CA 92121
(858) 737-3100
STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE
1 [PROPOSED] ORDER
2 Having read and considered the above stipulation, and for good cause appearing, THE
3 FOLLOWING IS SO ORDERED:
4 1. The deadline for the County to file its demurrer and serve by email is set for
5 January 25, 2024;
6 2. The deadline for Biane to file his opposition to the demurrer is set for February
7 6, 2024;
8 3. The deadline for the County to file a reply to the opposition is set for February
9 13, 2024; and
10 4. The hearing on the demurrer and Case Management Conference is set for
11 February 22, 2024, at ________ a.m./p.m., in Division T-2.
12 IT IS SO ORDERED.
13 DATE: __________________, 2023 ____________________________________
JUDGE OF THE SUPERIOR COURT
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28 2206.055/3QD3081.hbr
FINCH, THORNTON &
BAIRD, LLP
4747 Executive 4
Drive - Suite 700
San Diego, CA 92121
(858) 737-3100
STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE
Preview
P. RANDOLPH FINCH JR., SBN 185004 EMAIL: pfinch@ftblaw.com 1 ANDREA L. PETRAY, SBN 240085 Exempt from Filing Fees EMAIL: apetray@ftblaw.com Government Code section 6103 2 THOMAS E. DIAMOND, SBN 323333 EMAIL: tdiamond@ftblaw.com 3 FINCH, THORNTON & BAIRD, LLP ATTORNEYS AT LAW 4 4747 EXECUTIVE DRIVE – SUITE 700 SAN DIEGO, CALIFORNIA 92121 -3107 5 TELEPHONE: (858) 737-3100 FACSIMILE: (858) 737-3101 6 Attorneys for Defendant County of Kern 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF KERN 10 BAKERSFIELD COURTHOUSE 11 JEAN-PIERRE BIANE, doing business as CASE NO: BCV-22-103359 (TMS) JP BIANE FARMS, (Related Case Nos.: BCV-23-102060 (TMS); and 12 BCV-23-102113 (TMS)) 13 Plaintiff, STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE 14 v. Assigned to: 15 COUNTY OF KERN; and Hon. T. Mark Smith, Div. T-2 DOES 1 through 50, inclusive, 16 Complaint Filed: December 13, 2022 Defendants. Trial Date: Not Set 17 18 This Stipulation is entered into by and between Plaintiff Jean-Pierre Biane (“Biane”) and 19 Defendant County of Kern (“County”), in the above-captioned action (“Action”) (collectively, 20 the “Parties”). By and through their attorneys of record, the Parties stipulate as follows: 21 RECITALS 22 A. On December 13, 2022, Biane filed a Verified Petition for Writ of Mandate and 23 Complaint for Declaratory Relief against the County. The County answered on March 17, 24 2023. 25 B. Pursuant to a stipulation between the Parties, on June 15, 2023, Biane filed a First 26 Amended Verified Petition for Writ of Mandate and Complaint for Declaratory Relief (“First 27 Amended Petition”). On August 14, 2023, the County filed a demurrer to the First Amended 28 Petition, which was overruled in part and sustained in part, with and without leave to amend. STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE 1 C. On October 20, 2023, Biane filed a Second Amended Verified Petition for Writ 2 of Mandate and Complaint (“Second Amended Petition”). The Parties continue to meet and 3 confer regarding the Second Amended Petition. 4 D. During the Case Management Conference held on November 16, 2023, Judge 5 Smith agreed the Parties would be permitted to stipulate to hearing dates on a potential 6 demurrer to the Second Amended Petition that deviate from the requirements pursuant to Code. 7 The Court also continued the Case Management Conference to February 6, 2024. 8 E. It is the Parties’ understanding the Court is available for a hearing on a demurrer 9 to the Second Amended Petition on February 22, 2024. The Parties wish to reserve February 10 22, 2024, for such a hearing, and continue the Case Management Conference to the same day. 11 STIPULATION 12 Therefore, the Parties stipulate as follows: 13 1. The deadline for the County to file its demurrer and serve by email is January 25, 14 2024; 15 2. The deadline for Biane to file his opposition to the demurrer is February 6, 16 2024; 17 3. The deadline for the County to file a reply to the opposition is February 13, 2024; 18 and 19 4. The hearing on the demurrer and Case Management Conference will be held on 20 February 22, 2024. 21 DATE: December 6, 2023 Respectfully submitted, 22 FINCH, THORNTON & BAIRD, LLP 23 24 By:_/s/ Thomas E. Diamond_________________ P. RANDOLPH FINCH JR. 25 ANDREA L. PETRAY THOMAS E. DIAMOND 26 Attorneys for Defendant County of Kern 27 / / / / / 28 / / / / / FINCH, THORNTON & BAIRD, LLP 4747 Executive 2 Drive - Suite 700 San Diego, CA 92121 (858) 737-3100 STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE 1 DATE: December 6, 2023 Respectfully submitted, 2 ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP 3 4 By: /s/ Andrew A. Wood 5 ANDREW A. WOOD KELLY C. SMITH 6 RACHEL A. ROSENBLUM Attorneys for Plaintiff Jean-Pierre Biane, doing 7 business as JP Biane Farms 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 FINCH, THORNTON & BAIRD, LLP 4747 Executive 3 Drive - Suite 700 San Diego, CA 92121 (858) 737-3100 STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE 1 [PROPOSED] ORDER 2 Having read and considered the above stipulation, and for good cause appearing, THE 3 FOLLOWING IS SO ORDERED: 4 1. The deadline for the County to file its demurrer and serve by email is set for 5 January 25, 2024; 6 2. The deadline for Biane to file his opposition to the demurrer is set for February 7 6, 2024; 8 3. The deadline for the County to file a reply to the opposition is set for February 9 13, 2024; and 10 4. The hearing on the demurrer and Case Management Conference is set for 11 February 22, 2024, at ________ a.m./p.m., in Division T-2. 12 IT IS SO ORDERED. 13 DATE: __________________, 2023 ____________________________________ JUDGE OF THE SUPERIOR COURT 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2206.055/3QD3081.hbr FINCH, THORNTON & BAIRD, LLP 4747 Executive 4 Drive - Suite 700 San Diego, CA 92121 (858) 737-3100 STIPULATION AND [PROPOSED] ORDER TO SET BRIEFING SCHEDULE