No Value: County of Sonoma vs THE HANSEN FAMILY TRUST, DATED MARCH 16, 2011

• 
• 
• 
• 
• 
• 

						
                                
Preview
                                Timothy J. Hannan, Esq. (SBN 68977)
576 B Street, Suite 2-A
Santa Rosa, CA 95401
Telephone: (707) 578-0903
Facsimile: (707) 578-0607
Email: tim@timhannanlaw.corn

Attorney for Defendants


                IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

                                             COUNTY OF SONOMA

COUNTY OF SONOMA,                                                 Case No. 23CV02161

                          Plaintiff,                              MEMORANDUM IN OPPOSITION TO
                                                                  COUNTY OF SONOMA'S EX PARTE
v.                                                                APPLICATION FOR A TEMPORARY
                                                                  RESTRAINING ORDER AND ORDER TO
                                                                  SHOW CAUSE FOR A PRELIMINARY
DAVID SCOTT HANSEN AND REGINA                                     INJUNCTION
VICTORIA HANSEN AS TRUSTEES OF
THE HANSEN FAMILY TRUST, DATED                                    Date: January 18, 2024
MARCH 16, 2011, AND THE HANSEN                                    Time: 10:30 a.m.
FAMILY TRUST, DATED MARCH 16, 2011,                               Dept: 18
and DOES 1 through 20, inclusive,                                 Honorable Christopher M. Honigsberg

                          Defendants.


         Defendants DAVID SCOTT HANSEN and REGINA VICTORIA HANSEN as Trustees

of the HANSEN FAMILY TRUST dated March 16, 2011 hereby oppose the COUNTY OF

SONOMA'S Ex Parte Application for a Temporary Restraining Order and Order to Show Cause

for a Preliminary Injunction.


         Said Defendants oppose Plaintiff COUNTY's Application on three grounds:




                                                            -I-
County of Sonoma v. David Scott Hansen and Regina Hansen as Trustees, et al.
MEMORANDUM IN OPPOSITION TO COUNTY OF SONOMA'S EX PARTE APPLICATION FOR A TEMPORARY
RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION
          1. The injunctive relief the County seeks is not necessary.


          2. The imposition of a restraining order and an injunction on Defendants would injure them
 3


 4
     in that they would be prohibited indefinitely from progressing with construction of their water

 5   supply system.

 6

          3. Plaintiff COUNTY has not demonstrated any urgent situation that would justify the

     imposition of an injunction on Defendants.
 9


10                                               Injunction Not Necessary

11

              The Declaration of David Scott Hansen supporting this Opposition notes that Defendants
12


13   are cooperating with Plaintiff County. Defendants have paid the c. $10,000 they owed for

14   abatement costs and penalties. They have applied to Permit Sonoma for the permits appropriate to
15
     their project. Further, with respect to the series of notices and orders issued by County Inspector
16
     Nathan Peacock on January10, Defendants have filed a timely appeal. In the view of the
17

     Defendants, some of the violations Mr. Peacock alleged are errant. But the appeal process to which
18


19   Defendants have a right will resolve the parties' differences. There is no need for a TRO or an

20
     injunction.
21


22                                         Injunction Injurious to Defendants

23


24
              If the Court grants the injunctive relief the Plaintiff County is seeking, the Defendants will

25   be prohibited from completing their water system project indefinitely. As Dr. Hansen's
26
     Declaration notes, Defendants need to continue constructing their water system. Specifically, they
27
     need potable water to drink, cook, and bathe. They also need a volume of pressurized water to
28

                                                                 -2-

     County of Sonoma v. David Scott Hansen and Regina Hansen as Trustees, et al.
     MEMORANDUM IN OPPOSITION TO COUNTY OF SONOMA'S EX PARTE APPLICATION FOR A TEMPORARY
     RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION
     make their fire sprinklers operable. Further, Defendants and their neighbors need raw well water
 1

 2   not only for irrigation but most importantly to fight any wildfires or structural fires that may occur.

 3

                                                     No Urgency Shown


              Plaintiff COUNTY has not shown an urgent situation which would justify shutting down

     Defendants' water system project. Enjoining Defendants from completing their project would be

 8   as drastic as it would be injurious and unnecessary. County Inspector Nathan Peacock declares
 9
     that he observed "hazardous electrical and a dangerous building with buckling support beams."
10
     Defendants contest the verity of those observations. (Afterall, Mr. Peacock cited Defendants for
11
     having an unpermitted basement only to admit later that there was no basement.) In any event, if
12

13   Mr. Peacock's observations are real, it would make much more sense to let Defendants' project go

14   forward instead of shutting it down. That way Defendants would have leave to correct these alleged
15
     deficiencies.
16

17            In light of the foregoing, Defendants pray that Plaintiff COUNTY's Ex Parte Application
18
     for a TRO and OSC for a Preliminary Injunction be denied.
19

20

21
                                                                                TIMOTH J           AN
22                                                                              Attorney for Defendants DAVID
                                                                                SCOTT HANSEN and REGINA
23
                                                                                VICTORIA HANSEN Trustees of
24                                                                              the Hansen Family Trust dated
                                                                                March 16, 2011
25

26

27

28
                                                                 -3-

     County of Sonoma v. David Scott Hansen and Regina Hansen as Trustees, et al.

     MEMORANDUM IN OPPOSITION TO COUNTY OF SONOMA'S EX PARTE APPLICATION FOR A TEMPORARY
     RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR A PRELIMINARY INJUNCTION