Motion to Approve Stipulation in SAVE OUR HIGHLANDS, an Unincorporated Association vs. THE COUNTY OF SAN MATEO, a public entity, et al| Trellis.Law

On March 07, 2023 a Stip re Cont was filed involving a dispute between Save Our Highlands, An Unincorporated Association, and The County Of San Mateo, A Public Entity, The County Of San Mateo Planning Commission, A Public Entity, The Planning Building Department Of The County Of San Mateo, for (02) Unlimited Writ of Mandate in the District Court of San Mateo County.

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NEWMEYER & DILLION LLP
CHARLES S. KROLIKOWSKI, CBN 185177
Charles.Krolikowski@ndlf.com
JACK M. RUBIN, CBN 278011
ack. Rubi mdlf.com
895 Dove Street, Second Floor
Ne rt Beach, Califomia 92660
(949) 854-7000; (949) 854-7099 (Fax)

Attomeys for Petitioner/Plaintiff Save Our
Highlands

SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SAN MATEO

11
Xm
Wy 12 SAVE OUR HIGHLANDS, an Case No. 23-CIV-01024
wz Unincorporated Association, [Consolidated with Case No. 22-CIV-05125]
so 13
Plaintiff and Petitioner, STIPULATION TO EXTEND
w= 14 SCHEDULE, BRIEFING,AND HEARING;
za Vv. [PROPOSED] ORDER
15
THE COUNTY OF SAN MATEO, a public Assigned for All Purposes to:
16 entity, THE COUNTY OF SAN MATEO Hon. Nicole S. Healy
PLANNING COMMISSION, apublic entity Department28
17 THE PLANNING/BUILDING
DEPARTMENT OF THE COUNTY OF SAN Actions Filed: December 7, 2022 &
18 MATEO, a division/ of a public March 7, 2023
entity, and DOES 1 to 10, inclusive, Hearing on Petitions: June 27, 2024
19
Defendant and Respondent.
20

21 THE CHAMBERLAIN GROUP, an unknown
business entity, TICONDEROGA.
22 PARTNERS, LLC, a Califomia limited
liability company,
23
Real Party in Interest.
24.

4836.101 / 15632245.1 1
STIP. TO EXTEND BRIEFING SCHEDULE AND CONTINUE HEARING ON WRIT PETITIONS
Plaintiff/Petitioner SAVE OUR HIGHLANDS (“Petitioner”), Defendant/Respondent

COUNTY OF SAN MATEO (“Defendant”), and Real Parties in Interest THE CHAMBERLAIN

GROUP and TICONDEROGA PARTNERS, LLC (“Real Parties”) hereby stipulate and

respectfully request that the Court extend various deadlines related to these consolidated actions

and to continue the hearing on Petitioner’ s Writ Petitions.

The parties
to this action, through their respective
counsel, hereby stipulate
and agree to

the following:

WHEREAS, Petitioner filed its Verified Petition for Wnt of Mandate/Administrative

Mandamus (CCP §§ 1085, 1094.5) and Complaint for Declaratory and Injunctive Relief and

10 Inverse Condemnation on December 7, 2022, in Case No. 22-CIV-05125 (“non-CEQA Petition”)

11 WHEREAS, Petitioner filed its Verified CEQA Petition for Peremptory Writ of
Xm
Wy 12 Mandate/Mandamus and Complaint for Declaratory Relief on March 7, 2023, in Case No. 23-
wz
so 13 CIV-01024 (“CEQA Petition”).
w= 14 WHEREAS, on December4, 2023, the Hon. V. Raymond Swope issuedan Order
za
15 approving the Parties’ Stipulation Regarding Schedule for Record Preparation, Briefing, and.

16 Hearing.

17 WHEREAS, the Parties participated in a settlement meeting on January 26, 2024;

18 WHEREAS, on February 27, 2024, the consolidated actions were transferred to Hon.

19 Nioole S. Healy in Department 28.

20 WHEREAS, on February 28, 2024, the Court entered an order generally consistent with

21 the stipulation
filed by the parties to extend certain dates and deadlines related
to the

22 administrative record, briefing, and the hearing on Petitioner's Writ Petitions. In the signed order,

23 the Court continued the hearing on Petitioner’ s Writ Petitions to June 26, 2024, and it set a case

24. management and trial setting conference for June 12, 2024.

25 WHEREAS, the Parties continue to actively explore settlement and engage in negotiations

26 related
to the same, and under the current Order the Petitioner shall file an Opening
Brief

27 supporting both Petitions not later than March 11, 2024.

28 WHEREAS, all other subsections of the December4, 2023 Order not reproduced
below

4836.101 / 15632245.1 -2-
STIP. TO EXTEND BRIEFING SCHEDULE AND CONTINUE HEARING ON WRIT PETITIONS
shall remain
in effect.

The parties hereby STIPULATE and respectfully
request that the Court amend the

following subsections of the Schedule for Record Preparation, Briefing, and Hearing as follows:

2 PRODUCTION
AND CERTIFICATION OF RECORD DOCUMENTS

f. Petitioner shall lodge the Record with the Court by March 25, 2024. The Court’s

copy of the Record shall be electronic
and will be placed
on a USB flash drive or similar device.

3 MOTIONS TO AUGMENT RECORD/STRIKE RECORD DOCUMENTS

b. Any motion to augment the Record or to strike any documents in the Record by

Petitioner shall be filed
by April 1, 2024, and any motionto augment the Record
or to strike any
10 documents
in the Record by County Respondents or Real Parties shall be filed by May 28, 2024.

11 Cc. Any opposition to Petitioner’ s motion to augment the Record orto strike any
Xm
Wy 12 documents
in the Record by County Respondents or Real Parties shall be filed by May 28, 2024,
wz
so 13 and any oppositionto County Respondents’ or Real Parties’ motionto augment
the Record or to
w= 14 strike any documents
in the Record by Petitioner shall be filed
by June 17, 2024.
za
15 6 BRIEFING AND RESPONSE TO WRIT PETITIONS

16 a Petitioner shall file and serve a single Opening Brief supporting both Petitions not

17 later than Apmil 1, 2024. The Opening Brief shall not exceed 7,500 words in length.

18 b. County Respondents
and Real Parties shall each file and serve a single
19 Respondents’ Opposition Brief, and a single Real Parties Opposition Brief to both Petitions, not

20 later than May 28, 2024. Each Opposition Brief shall not exceed 7,500 words in length.

21 Cc. Petitioner shall file and serve its Reply Brief(s) to County Respondents and Real

22 Parties’ Opposition Briefs not later than June 17, 2024. Each Reply Brief shall not exceed 5,000

23 words in length.

24. d County Respondents
and Real Parties shall each file and serve an Answer or

25 Response to each Petition/Complaint not later than May 28, 2024.

26 9. HEARING
AND CMC/TSC

27 a This matter shall be heard
on July 24, 2024, at 2:00 p.m, or on the next available

28 hearing date convenient
for the Court. The case management
and trial setting conference shall also

4836.101 / 15632245.1 3
STIP. TO EXTEND BRIEFING SCHEDULE AND CONTINUE HEARING ON WRIT PETITIONS
be continued from June 12, 2024, at 9:00 am., to July 24, 2024, at 2:00 p.m.

Dated: March 22, 2024 JOHN D. NIBBELIN, COUNTY COUNSEL

By:
Kimberly Marlo’ , Deputy
Kelsey D lollura, Deputy

Attomeys for Defendant/Respondent
COUNTY OF SAN MATEO

Dated: March 22, 2024 NEWMEYER & DILLION

10
By: lack
Jack M. Rubin, Esq.
Charles S. Krolikowski, Esq.
11
Xm Attomeys for Petitioner/Plaintiff
Wy 12
wz SAVE OUR HIGHLANDS
so 13
w=
za
14 Dated: March_, 2024 COHEN AND JACOBSON, LLP

15 By:
Lamy Jacobson, Esq.
16

17 Attomeys for Real Parties
THE CHAMBERLAIN GROUP and
18 TICONDEROGA PARTNERS, LLC
19 [PROPOSED] ORDER.
20 Having read and approved this Joint Stipulation, and good cause having been shown, each
21 and every recommendation and provision herein is approved and made the Orderof this Court.
22 IT ISSO ORDERED.
23

24. Dated:
25 Judge of the Superior Court
26 Hon. Nicole S. Healy
27

4836.101 / 15632245.1 -4-
STIP. TO EXTEND BRIEFING SCHEDULE AND CONTINUE HEARING ON WRIT PETITIONS
be continued from June 12, 2024, at 9:00 a.m., to July 24, 2024, at 2:00 p.m.

Dated: March 2024 JOHN D. NIBBELIN, COUNTY COUNSEL

By
Kimberly A. Marlow, Deputy
Kelsey D. Mollura, Deputy

Attorneys for Defendant/Respondent
COUNTY OF SAN MATEO

Dated: March 22, 2024 NEWMEYER & DILLION
9
By
10 Jack M. Rubin, Esq
CharlesS. Krolikowski, Esq.
11
cn
wy 12 Attorneys for Petitioner/Plaintiff
wz SAVE OUR HIGHLANDS
2° 13
a2 14 Dated: March 2024 COHEN AND J, OBSO KLP
20
15 Pkgeg Ze 5
BSon, Esq.
16

17 Attorne{s for Real Part
THE CHAMB RLAIN GROUP and
18 TICONDEROGA PARTNERS, LLC
19 [PROPOSED] ORDER
1
20 Having read and approved this Joint Stipulation, and good cause having been shown, each
21 and every recommendation and provision herein is approved and made the Order of this Court.
22 IT IS SO ORDERED.
23
24 Dated:

25 Judge of the Superior Court
26 Hon. Nicole S. Healy
27
28

4836.101
/ 15632245.1 -4-
STIP. TO EXTEND BRIEFING SCHEDULE AND CONTINUE HEARING ON WRIT PETITIONS
PROOF OF SERVICE

Save Our Highlands v. The County of San Mateo, et al.
San Mateo Superior Court Case No.: 22-CIV-01024

STATE OF CALIFORNIA, COUNTY OF ORANGE

I, ChelseaA. Snow, declare:

Tamacitizen of the United States and employed in Orange County, Califomia. I am over
the age ofeighteenyears and not a to the within-entitled action. My business address is 895
Dove Street, Second Floor, Newport Beach, CA 92660. business email address is
Chelsea. Snow@ndlf.com. On March 22, 2024, I served true copies of the within document(s):

STIPULATION TO EXTEND SCHEDULE, BRIEFING, AND HEARING;
[PROPOSED] ORDER
BY ELECTRONIC SERVICE: I electronically transmitted the above document(s) to the
10 person(s) at the e-mail address(es) listed in the Service List below via a court-approved electronic
service provider.
11
Xm Please see atfached
service list.
Wy 12
wz I declare under penalty of perjury
under the laws of the State of Califomia
that the
so 13 foregoing is true and correct.
w= 14 Executed on March 22, 2024, at Newport Beach, Califomia.
za
15

16
ChelseaA. Snow
17

18
19

24.

28
SERVICE LIST
Save Our His v. The of San Mateo, et al.
San Mateo ior Court Case No.: 22-CIV-01024
(Consolidated with Case No. 22-CIV-06125)

John D. Nibbelin, County Counsel Te: (650) 363-4754
Kimberly A. Marlow, Deputy Fax: (650) 363-4034
Kelsey D. Mollura, kmarior
Hall of Justice of Records kmolh
400 County Center, 6° Floor mooffey@smogov.org
Redwood City, CA 94063 jsalas@smogov.ory
[ATTORNEYS FOR RESPONDENTS
COUNTY OF SAN MATEO; THE
PLANNING/BUILDING DEPARTMENT
OF THE COUNTY OF SAN MATEO; and
THE COUNTY OF SAN MATEO
10 PLANNING COMMISSION]

11 LawrenceA. Jacobson Tel: (650) 261-6280
COHEN AND JACOBSON, LLP Fax: (650) 642-4906
Xm 66 Bovet Road, Suite 285 laj@cohenandjacobson.com.
Wy 12
wz San Mateo, CA 94402 sean@cohenandjacobson.com
so mewman@resolutionstrategiesinc.com
13
w= 14 [ATTORNEYS FOR REAL PARTY IN
za INTEREST TICONDEROGA P,
15 LLC; and THE CHAMBERLAIN GROUP]

16 Hon. Nicole S. Healy - Dept. 28 Tel: (650) 261-5128
San Mateo Superior Court sanmateocourt.o1
17 400 Co Center complexcivil@sanmateocourt.org
Redwood City, CA 94063
18 [E-FILING MANDATORY COURTESY
COPY]
19

24.

-2-

Case Info

Judge

Healy, Nicole S. Track Judge’s New Case

Case No.

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Document Filed Date

March 26, 2024

Case Filing Date

March 07, 2023

County

Parties

RUBIN, JACK Attorney
SAVE OUR HIGHLANDS, an Unincorporated Association Petitioner
THE CHAMBERLAIN GROUP, an unknown business entity Real Party In Interest (participant)
THE COUNTY OF SAN MATEO, a public entity Respondent
THE COUNTY OF SAN MATEO PLANNING COMMISSION, a public entity Respondent
THE PLANNING/BUILDING DEPARTMENT OF THE COUNTY OF SAN MATEO Respondent
TICONDEROGA PARTNERS, LLC, a California limited liability company Real Party In Interest (participant)
Kimberly Marlow Attorneys for Defendants
Kelsey Mollura Attorneys for Defendants
Charles Krolikowski Attorneys for Plaintiffs
Linda Jacobson Attorney
Nicolas Saenz Attorneys for Defendants
Lawrence Jacobson Attorney
Laura Jacobson Attorney

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