Preview
CM-110
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY
ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP
Andrew A. Wood (SBN 279403); Kelly C. Smith (SBN 308013)
2010 Main Street, 8th Floor
Irvine, CA 92614
(949) 553-1313
TELEPHONE NO.: FAX NO. (Optional): (949) 553-8354
awood@allenmatkins.com; ksmith@allenmatkins.com
E-MAIL ADDRESS:
ATTORNEY FOR (Name): Plaintiff and Petitioner Jean-Pierre Biane, etc.
SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN
STREET ADDRESS: 1215 Truxtun Avenue
MAILING ADDRESS:
Bakersfield, CA 93301
CITY AND ZIP CODE:
Metropolitan Division
BRANCH NAME:
PLAINTIFF/PETITIONER: JEAN-PIERRE BIANE; et al.
DEFENDANT/RESPONDENT: COUNTY OF KERN; et al.
CASE MANAGEMENT STATEMENT CASE NUMBER:
(Check one): UNLIMITED CASE LIMITED CASE
BCV-22-103359
(Amount demanded (Amount demanded is $25,000
exceeds $25,000) or less)
A CASE MANAGEMENT CONFERENCE is scheduled as follows:
Date: February 22, 2024 Time: 8:30 a.m. Dept.: Div.: T-2 Room:
Address of court (if different from the address above):
Courtroom T-2 located at Bakersfield Traffic Court, 3131 Arrow Street, Bakersfield, CA 93308
Notice of Intent to Appear by Telephone, by (name): Andrew A. Wood, Paige Gosney, Rachel Rosenblum
INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided.
1. Party or parties (answer one):
a. This statement is submitted by party (name): Plaintiff and Petitioner Jean-Pierre Biane, individually and d/b/a JP
Biane Farms and in his capacity as Trustee of the J.P. Biane Living Trust dated November 24, 2021
b. This statement is submitted jointly by parties (names):
2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only)
a. The complaint was filed on (date): 12/13/2022
b. The cross-complaint, if any, was filed on (date):
3. Service (to be answered by plaintiffs and cross-complainants only)
a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed.
b. The following parties named in the complaint or cross-complaint
(1) have not been served (specify names and explain why not):
(2) have been served but have not appeared and have not been dismissed (specify names):
(3) have had a default entered against them (specify names):
c. The following additional parties may be added (specify names, nature of involvement in case, and date by which
they may be served):
4. Description of case
a. Type of case in complaint cross-complaint (Describe, including causes of action): Petition for Writ
of Mandate and Complaint for Violation of the Civil Rights Act, Inverse Condemnation, and Declaratory Relief
Page 1 of 5
Form Adopted for Mandatory Use Cal. Rules of Court,
Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730
CM-110 [Rev. September 1, 2021] www.courts.ca.gov
CM-110
PLAINTIFF/PETITIONER: JEAN-PIERRE
BIANE, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: COUNTY OF KERN, et al. BCV-22-103359
4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and
damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost
earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.)
The County refuses to enforce conditions of approval and mitigation measures relating to the Granite Solari project
near Arvin, including the haul route. By failing to do so and allowing project traffic to use Rancho Road, the County
has inversely condemned parts of Mr. Biane's farmland adjacdent to Rancho Road. The County has also violated
Mr. Biane's civil rights by denying his right to fully use his property without due process and by permitting Granite
and its truckers to intimidate him for exercising his constitutional rights.
(If more space is needed, check this box and attach a page designated as Attachment 4b.)
5. Jury or nonjury trial
The party or parties request a jury triaI a nonjury trial. (If more than one party, provide the name of each party
requesting a jury trial):
6. Trial date
a. The trial has been set for (date):
b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if
not, explain):
c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability):
May 3, 2024 (arbitration); May 6-10, 2024 (trial); June 3-5, 2024 (arbitration); September 1, 2024-October 31, 2024
(personal); November 4-11, 2024 (trial)
7. Estimated length of trial
The party or parties estimate that the trial will take (check one):
a. days (specify number): 5-7
b. hours (short causes) (specify):
8. Trial representation (to be answered for each party)
The party or parties will be represented at trial by the attorney or party listed in the caption by the following:
a. Attorney:
b. Firm:
c. Address:
d. Telephone number: f. Fax number:
e. E-mail address: g. Party represented:
Additional representation is described in Attachment 8.
9. Preference
This case is entitled to preference (specify code section): Public Resources Code section 21167.1
10. Alternative dispute resolution (ADR)
a. ADR information package. Please note that different ADR processes are available in different courts and communities; read
the ADR information package provided by the court under rule 3.221 of the California Rules of Court for information about the
processes available through the court and community programs in this case.
(1) For parties represented by counsel: Counsel has has not provided the ADR information package
identified in rule 3.221 to the client and reviewed ADR options with the client.
(2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221.
b. Referral to judicial arbitration or civil action mediation (if available).
(1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action
mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the
statutory limit.
(2) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of
Civil Procedure section 1141.11.
(3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action
mediation under Code of Civil Procedure section 1775 et seq. (specify exemption):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5
CM-110
PLAINTIFF/PETITIONER: JEAN-PIERRE
BIANE, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: COUNTY OF KERN, et al. BCV-22-103359
10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or
have already participated in (check all that apply and provide the specified information):
The party or parties completing If the party or parties completing this form in the case have agreed to
this form are willing to participate in or have already completed an ADR process or processes,
participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR
processes (check all that apply): stipulation):
Mediation session not yet scheduled
Mediation session scheduled for (date):
(1) Mediation
Agreed to complete mediation by (date):
Mediation completed on (date):
Settlement conference not yet scheduled
(2) Settlement Settlement conference scheduled for (date):
conference Agreed to complete settlement conference by (date):
Settlement conference completed on (date):
Neutral evaluation not yet scheduled
Neutral evaluation scheduled for (date):
(3) Neutral evaluation
Agreed to complete neutral evaluation by (date):
Neutral evaluation completed on (date):
Judicial arbitration not yet scheduled
(4) Nonbinding judicial Judicial arbitration scheduled for (date):
arbitration
Agreed to complete judicial arbitration by (date):
Judicial arbitration completed on (date):
Private arbitration not yet scheduled
(5) Binding private Private arbitration scheduled for (date):
arbitration Agreed to complete private arbitration by (date):
Private arbitration completed on (date):
ADR session not yet scheduled
(6) Other (specify): ADR session scheduled for (date):
Agreed to complete ADR session by (date):
ADR completed on (date):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5
CM-110
PLAINTIFF/PETITIONER: JEAN-PIERRE
BIANE, et al. CASE NUMBER:
DEFENDANT/RESPONDENT: COUNTY OF KERN, et al. BCV-22-103359
11. Insurance
a. Insurance carrier, if any, for party filing this statement (name):
b. Reservation of rights: Yes No
c. Coverage issues will significantly affect resolution of this case (explain):
12. Jurisdiction
Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.
Bankruptcy Other (specify):
Status:
13. Related cases, consolidation, and coordination
a. There are companion, underlying, or related cases.
(1) Name of case: Granite Construction Company v. Jean-Pierre Biane
(2) Name of court: Superior Court of California for the County of Kern
(3) Case number: BCV-23-102060 (consolidated with BCV-23-102113)
(4) Status: Pending
Additional cases are described in Attachment 13a.
b. A motion to consolidate coordinate wiII be filed by (name party):
14. Bifurcation
The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of
action (specify moving party, type of motion, and reasons):
15. Other motions
The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues):
Mr. BIane intends to file discovery motions, if necessary, and may file a dispositive motion.
16. Discovery
a. The party or parties have completed all discovery.
b. The following discovery will be completed by the date specified (describe all anticipated discovery):
Party Description Date
Plaintiff Written Discovery Per Code
Plaintiff Depositions Per Code
Plaintiff Expert Discovery Per Code
c. The following discovery issues, including issues regarding the discovery of electronically stored information, are
anticipated (specify):
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5
CM-110
PLAINTIFF/PETITIONER: JEAN-PIERRE
BIANE CASE NUMBER:
DEFENDANT/RESPONDENT: COUNTY OF KERN BCV-22-103359
17. Economic litigation
a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code
of Civil Procedure sections 90-98 will apply to this case.
b. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional
discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial
should not apply to this case):
18. Other issues
The party or parties request that the following additional matters be considered or determined at the case management
conference (specify):
The County has a pending demurrer, which is scheduled to be heard on February 22, 2024.
19. Meet and confer
a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules
of Court (if not, explain):
b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following
(specify):
20. Total number of pages attached (if any):
I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution,
as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of
the case management conference, including the written authority of the party where required.
Date: February 7, 2024
Andrew A. Wood
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
(TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY)
Additional signatures are attached.
CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5
1 PROOF OF SERVICE
2 I am employed in the County of Orange, State of California. I am over the age of eighteen
(18) and am not a party to this action. My business address is 2010 Main Street, 8th Floor, Irvine,
3 California 92614-7214.
4 On February 7, 2024, I served the within document(s) described as:
5 CASE MANAGEMENT STATEMENT
6 on the interested parties in this action as stated below:
7
P. Randolph Finch Jr., Esq. Attorneys for
8 Andrea L. Petray, Esq. County of Kern
Thomas E. Diamond, Esq.
9 Finch, Thornton & Baird, LLP
4747 Executive Drive, Suite 700
10 San Diego, California 92121-3107
Telephone: (858) 737-3100
11 Facsimile: (858) 737-3101
12 pfinch@ftblaw.com
apetray@ftblaw.com
13 tdiamond@ftblaw.com
14 Natasha L. Horn nhorn@ftblaw.com
Heidi Baeza-Rivas hbaeza-rivas@ftblaw.com
15
BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on and in accordance with
16 a court order or agreement of the parties to accept service by e-mail or electronic
transmission, I caused a true copy of the document to be sent to the persons at the
17 corresponding electronic address as indicated above on the above-mentioned date. My
electronic notification address is kpreston@allenmatkins.com. I am readily familiar with
18 this firm’s Microsoft Outlook electronic mail system and did not receive any electronic
message or other indication that the transmission was unsuccessful.
19
I declare under penalty of perjury under the laws of the State of California that the
20 foregoing is true and correct.
21 Executed on February 7, 2024, at Irvine, California.
22
23 Karrle Preston
(Type or print name) (Signature of Declarant)
24
25
26
27
28
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CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY ALLEN MATKINS LECK GAMBLE MALLORY & NATSIS LLP Andrew A. Wood (SBN 279403); Kelly C. Smith (SBN 308013) 2010 Main Street, 8th Floor Irvine, CA 92614 (949) 553-1313 TELEPHONE NO.: FAX NO. (Optional): (949) 553-8354 awood@allenmatkins.com; ksmith@allenmatkins.com E-MAIL ADDRESS: ATTORNEY FOR (Name): Plaintiff and Petitioner Jean-Pierre Biane, etc. SUPERIOR COURT OF CALIFORNIA, COUNTY OF KERN STREET ADDRESS: 1215 Truxtun Avenue MAILING ADDRESS: Bakersfield, CA 93301 CITY AND ZIP CODE: Metropolitan Division BRANCH NAME: PLAINTIFF/PETITIONER: JEAN-PIERRE BIANE; et al. DEFENDANT/RESPONDENT: COUNTY OF KERN; et al. CASE MANAGEMENT STATEMENT CASE NUMBER: (Check one): UNLIMITED CASE LIMITED CASE BCV-22-103359 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: February 22, 2024 Time: 8:30 a.m. Dept.: Div.: T-2 Room: Address of court (if different from the address above): Courtroom T-2 located at Bakersfield Traffic Court, 3131 Arrow Street, Bakersfield, CA 93308 Notice of Intent to Appear by Telephone, by (name): Andrew A. Wood, Paige Gosney, Rachel Rosenblum INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. This statement is submitted by party (name): Plaintiff and Petitioner Jean-Pierre Biane, individually and d/b/a JP Biane Farms and in his capacity as Trustee of the J.P. Biane Living Trust dated November 24, 2021 b. This statement is submitted jointly by parties (names): 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 12/13/2022 b. The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. All parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. The following parties named in the complaint or cross-complaint (1) have not been served (specify names and explain why not): (2) have been served but have not appeared and have not been dismissed (specify names): (3) have had a default entered against them (specify names): c. The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in complaint cross-complaint (Describe, including causes of action): Petition for Writ of Mandate and Complaint for Violation of the Civil Rights Act, Inverse Condemnation, and Declaratory Relief Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3.720–3.730 CM-110 [Rev. September 1, 2021] www.courts.ca.gov CM-110 PLAINTIFF/PETITIONER: JEAN-PIERRE BIANE, et al. CASE NUMBER: DEFENDANT/RESPONDENT: COUNTY OF KERN, et al. BCV-22-103359 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) The County refuses to enforce conditions of approval and mitigation measures relating to the Granite Solari project near Arvin, including the haul route. By failing to do so and allowing project traffic to use Rancho Road, the County has inversely condemned parts of Mr. Biane's farmland adjacdent to Rancho Road. The County has also violated Mr. Biane's civil rights by denying his right to fully use his property without due process and by permitting Granite and its truckers to intimidate him for exercising his constitutional rights. (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury triaI a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. The trial has been set for (date): b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): May 3, 2024 (arbitration); May 6-10, 2024 (trial); June 3-5, 2024 (arbitration); September 1, 2024-October 31, 2024 (personal); November 4-11, 2024 (trial) 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 5-7 b. hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial by the attorney or party listed in the caption by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): Public Resources Code section 21167.1 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 of the California Rules of Court for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 2 of 5 CM-110 PLAINTIFF/PETITIONER: JEAN-PIERRE BIANE, et al. CASE NUMBER: DEFENDANT/RESPONDENT: COUNTY OF KERN, et al. BCV-22-103359 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing If the party or parties completing this form in the case have agreed to this form are willing to participate in or have already completed an ADR process or processes, participate in the following ADR indicate the status of the processes (attach a copy of the parties' ADR processes (check all that apply): stipulation): Mediation session not yet scheduled Mediation session scheduled for (date): (1) Mediation Agreed to complete mediation by (date): Mediation completed on (date): Settlement conference not yet scheduled (2) Settlement Settlement conference scheduled for (date): conference Agreed to complete settlement conference by (date): Settlement conference completed on (date): Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): (3) Neutral evaluation Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): Judicial arbitration not yet scheduled (4) Nonbinding judicial Judicial arbitration scheduled for (date): arbitration Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): Private arbitration not yet scheduled (5) Binding private Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled (6) Other (specify): ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 3 of 5 CM-110 PLAINTIFF/PETITIONER: JEAN-PIERRE BIANE, et al. CASE NUMBER: DEFENDANT/RESPONDENT: COUNTY OF KERN, et al. BCV-22-103359 11. Insurance a. Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: Yes No c. Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. Bankruptcy Other (specify): Status: 13. Related cases, consolidation, and coordination a. There are companion, underlying, or related cases. (1) Name of case: Granite Construction Company v. Jean-Pierre Biane (2) Name of court: Superior Court of California for the County of Kern (3) Case number: BCV-23-102060 (consolidated with BCV-23-102113) (4) Status: Pending Additional cases are described in Attachment 13a. b. A motion to consolidate coordinate wiII be filed by (name party): 14. Bifurcation The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): Mr. BIane intends to file discovery motions, if necessary, and may file a dispositive motion. 16. Discovery a. The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Plaintiff Written Discovery Per Code Plaintiff Depositions Per Code Plaintiff Expert Discovery Per Code c. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 4 of 5 CM-110 PLAINTIFF/PETITIONER: JEAN-PIERRE BIANE CASE NUMBER: DEFENDANT/RESPONDENT: COUNTY OF KERN BCV-22-103359 17. Economic litigation a. This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b. This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): The County has a pending demurrer, which is scheduled to be heard on February 22, 2024. 19. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: February 7, 2024 Andrew A. Wood (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. September 1, 2021] CASE MANAGEMENT STATEMENT Page 5 of 5 1 PROOF OF SERVICE 2 I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and am not a party to this action. My business address is 2010 Main Street, 8th Floor, Irvine, 3 California 92614-7214. 4 On February 7, 2024, I served the within document(s) described as: 5 CASE MANAGEMENT STATEMENT 6 on the interested parties in this action as stated below: 7 P. Randolph Finch Jr., Esq. Attorneys for 8 Andrea L. Petray, Esq. County of Kern Thomas E. Diamond, Esq. 9 Finch, Thornton & Baird, LLP 4747 Executive Drive, Suite 700 10 San Diego, California 92121-3107 Telephone: (858) 737-3100 11 Facsimile: (858) 737-3101 12 pfinch@ftblaw.com apetray@ftblaw.com 13 tdiamond@ftblaw.com 14 Natasha L. Horn nhorn@ftblaw.com Heidi Baeza-Rivas hbaeza-rivas@ftblaw.com 15 BY E-MAIL OR ELECTRONIC TRANSMISSION: Based on and in accordance with 16 a court order or agreement of the parties to accept service by e-mail or electronic transmission, I caused a true copy of the document to be sent to the persons at the 17 corresponding electronic address as indicated above on the above-mentioned date. My electronic notification address is kpreston@allenmatkins.com. I am readily familiar with 18 this firm’s Microsoft Outlook electronic mail system and did not receive any electronic message or other indication that the transmission was unsuccessful. 19 I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. 21 Executed on February 7, 2024, at Irvine, California. 22 23 Karrle Preston (Type or print name) (Signature of Declarant) 24 25 26 27 28 0.0