Preview
1 ROB BONTA
Attorney General of California
2 RUSSELL B. HILDRETH
Supervising Deputy Attorney General
3 ANDREA M. KENDRICK
Deputy Attorney General
4 State Bar No. 225688
1300 I Street, Suite 125
5 P.O. Box 944255
Sacramento, CA 94244-2550
6 Telephone: (916) 210-7821
Fax: (916) 327-2319
7 E-mail: Andrea.Kendrick@doj.ca.gov
Exempt from Filing Fees
8 Attorneys for Defendants Pursuant to Gov. Code § 6103
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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COUNTY OF SACRAMENTO
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14 FIRE GUARD CORPORATION; Case No. 34-2019-00249221-CU-CR-GDS
BAHMAN BRIAN SHAHANGIAN, an
15 individual; CALIFORNIA FIRE JOINT EX PARTE APPLICATION FOR
PROTECTION COALITION, a California ORDER TO CONTINUE TRIAL DATE;
16 Corporation; and JUAN CARLOS DEL MEMORANDUM OF POINTS AND
TORO TREJO, an individual, AUTHORITIES IN SUPPORT
17 THEREOF; STIPULATION OF
Plaintiffs, COUNSEL; DECLARATION OF
18 ANDREA M. KENDRICK
v.
19 [Proposed] Order Filed Concurrently
20 CALIFORNIA DEPARTMENT OF Date: TBD
FORESTRY AND FIRE PROTECTION; Time: TBD
21 CALIFORNIA OFFICE OF THE STATE Dept: 47
FIRE MARSHAL; MIKE RICHWINE, in Judge: Hon. Bunmi O. Awoniyi
22 his official capacity as State Fire Marshal;
JEFFERY SCHWARTZ, in his official Trial Date: July 30, 2024
23 capacity as Deputy State Fire Marshal; and Action Filed: January 25, 2019
DOES 1 through 10, inclusive,
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Defendants.
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1
Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration
(34-2019-00249221-CU-CR-GDS)
1 TO ALL PLAINTIFFS AND THEIR COUNSEL OF RECORD:
2 PLEASE TAKE NOTICE that on ______________________, 2024, or as soon thereafter
3 as the matter may be heard, in Department 47 of the above-entitled court located at 720 9th Street,
4 6th Floor, Sacramento, California, the parties will and hereby do apply by joint stipulation for the
5 following relief: (1) to vacate the trial date currently set for July 30, 2024, and continue it
6 approximately six months, or as soon thereafter as the Court’s calendar permits; (2) to vacate the
7 mandatory settlement conference, currently set for June 4, 2024, and continue it to a date
8 approximately 8 weeks before the continued trial date; and (3) to reset all pretrial deadlines
9 including all discovery-related, expert-related, trial-related, and motion cut-off deadlines, to be
10 based on the new trial date.
11 EX PARTE APPLICATION
12 The parties apply for this relief under California Rules of Court, rules 3.1200 et seq. and
13 3.1332 on the following grounds: (1) on September 16, 2022 and August 10, 2023, the parties
14 applied by stipulation to continue the trial dates, which the Court granted (Cal. Rules of Court,
15 rule 3.1202(b)); (2) trial is currently scheduled to begin on July 30, 2024, but the parties have
16 made substantial progress in settlement discussions, including during in-person settlement
17 meetings on May 5, 2023 and June 30, 2023, and through ongoing written communications which
18 recently include negotiating draft language for the settlement agreement, and desire to continue to
19 focus time and resources on case resolution; (3) no parties or witnesses will suffer prejudice as a
20 result of the continuance (Cal. Rules of Court, rule 3.1332(d)(5)); and (4) all parties have
21 stipulated to a continuance (Cal. Rules of Court, rule 3.1332(d)(9)).
22 The contact information for the attorneys for the parties is as follows:
23 Timothy V. Kassouni
Kassouni Law
24 455 Capitol Mall, Suite 604
Sacramento, California 95814
25 916-930-0030
Timothy@Kassounilaw.com
26 Attorneys for Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian,
and Juan Carlos del Toro Trejo
27
28
2
Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration
(34-2019-00249221-CU-CR-GDS)
1 Margaret Esquiroz
Esquiroz Law, Inc.
2 4924 Balboa Blvd. #500
Encino, California 91316
3 818-705-4648
Esquiroz@pm.me
4 Attorneys for Plaintiff California Fire Protection Coalition
5 Andrea M. Kendrick
California Department of Justice
6 1300 I Street, Suite 125
Sacramento, California 95814
7 916-210-7821
Andrea.Kendrick@doj.ca.gov
8 Attorneys for Defendants
9 (Cal. Rules of Court, rule 3.1202(a).)
10 The attorneys for the parties are available for trial January 27, 2025 through March 31,
11 2025. (Local Rules for the Superior Court of California, County of Sacramento, rule 2.11.)
12 On March 20, 2024, the parties mutually agreed by electronic mail, to seek an ex parte
13 order for the continuance to allow additional time to complete settlement discussions.
14 (Declaration of Andrea M. Kendrick, at ¶2.)
15 This Application is based on the application, the memorandum of points and authorities, the
16 stipulation, the declaration of Andrea M. Kendrick, and the records and files in this action.
17 MEMORANDUM OF POINTS AND AUTHORITIES
18 Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, California Fire Protection
19 Coalition, and Juan Carlos del Toro Trejo, and Defendants California Department of Forestry and
20 Fire Protection, California Office of the State Fire Marshal, Mike Richwine, in his official
21 capacity as State Fire Marshal, and Jeffrey Schwartz, in his official capacity as Deputy State Fire
22 Marshal, jointly apply by stipulation for the continuance of the trial to January 27, 2025, or as
23 soon thereafter as the Court’s calendar permits. 1
24 The lawsuit is a challenge to regulations adopted by the Office of the State Fire Marshal.
25 The challenged regulations establish a program for certifying the individuals who install water-
26 based fire protection systems.
27
1
The parties have entered into a separate stipulation pursuant to Code of Civil Procedure
28 section 583.330 to waive the requirement that a matter must be brought to trial within five years.
3
Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration
(34-2019-00249221-CU-CR-GDS)
1 The grounds for a continuance are as follows:
2 (1) On September 16, 2022 and August 10, 2023, the parties applied by stipulation to
3 continue the December 5, 2022 and December 18, 2023 trial dates, which the Court granted (Cal.
4 Rules of Court, rule 3.1202(b)).
5 (2) Trial is currently scheduled to begin on July 30, 2024, but the parties have made
6 substantial progress in settlement discussions, including during in-person settlement meetings on
7 May 5, 2023 and June 30, 2023, and through ongoing written communications. The parties have
8 recently been negotiating draft language for the settlement agreement and desire to continue to
9 focus time and resources on case resolution.
10 (3) No parties or witnesses will suffer prejudice as a result of the continuance (Cal. Rules
11 of Court, rule 3.1332(d)(5)).
12 (4) All parties have stipulated to a continuance (Cal. Rules of Court, rule 3.1332(d)(9)).
13
14 5 2024
Dated: April ___, ROB BONTA
Attorney General of California
15 RUSSELL B. HILDRETH
16 Supervising Deputy Attorney General
17
By: ____________________________________
18 ANDREA M. KENDRICK
Deputy Attorney General
19
Attorneys for Defendants
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Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration
(34-2019-00249221-CU-CR-GDS)
1 STIPULATION
2 Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, California Fire Protection
3 Coalition, and Juan Carlos Del Toro Trejo (Plaintiffs) and Defendants California Department of
4 Forestry and Fire Protection, California Office of the State Fire Marshal, Mike Richwine, and
5 Jeffrey Schwartz (Defendants), stipulate as follows:
6 1. The parties agree that trial in this matter should be continued in order to allow the
7 parties additional time to complete settlement discussions.
8 2. The parties request that the Court order that the July 30, 2024 Trial and June 5, 2024
9 Mandatory Settlement Conference dates in this matter be vacated. The parties request that the
10 Court continue the trial approximately six months, to January 27, 2025, or as soon thereafter as
11 the Court’s calendar permits and vacate and reset the Mandatory Settlement Conference
12 approximately 8 weeks before the continued trial date.
13 3. The parties agree and confirm that if the Court grants this Application and sets a new
14 date for the trial, all pretrial deadlines, including all discovery-related, expert-related, trial-related,
15 and motion cut-off deadlines are reset, to be based on the new trial date.
16 SO STIPULATED.
17 Dated: April ___, 2024 ESQUIROZ LAW, INC.
18
19
By: ____________________________________
20 MARGARET ESQUIROZ
Attorneys for Plaintiff California Fire Protection
21 Coalition
22
23 Dated: April ___, 2024 KASSOUNI LAW
24
25 ____________________________________
TIMOTHY V. KASSOUNI
26 Attorneys for Plaintiffs Fire Guard Corporation,
Bahman Brian Shahangian, and Juan Carlos Del
27
Toro Trejo
28
5
Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration
(34-2019-00249221-CU-CR-GDS)
1 STIPULATION
2 Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, California Fire Protection
3 Coalition, and Juan Carlos Del Toro Trejo (Plaintiffs) and Defendants California Department of
4 Forestry and Fire Protection, California Office of the State Fire Marshal, Mike Richwine, and
5 Jeffrey Schwartz (Defendants), stipulate as follows:
6 1. The parties agree that trial in this matter should be continued in order to allow the
7 parties additional time to complete settlement discussions.
8 2. The parties request that the Court order that the July 30, 2024 Trial and June 5, 2024
9 Mandatory Settlement Conference dates in this matter be vacated. The parties request that the
10 Court continue the trial approximately six months, to January 27, 2025, or as soon thereafter as
11 the Court's calendar permits and vacate and reset the Mandatory Settlement Conference
12 approximately 8 weeks before the continued trial date.
13 3. The parties agree and confirm that if the Court grants this Application and sets a new
14 date for the trial, all pretrial deadlines, including all discovery-related, expert-related, trial-related,
15 and motion cut-off deadlines are reset, to be based on the new trial date.
16 SO STIPULATED.
17 Dated: April _ , 2024 ESQUIROZ LAW, INC.
18
19
By:
20 MARGARET ESQUIROZ
Attorneys for Plaintiff California Fire Protection
21 Coalition
22 ,,,---
23
Dated: April .2_,2024 KASSOUNI LAW
24
25
TIMOTHY V . KASSOUNI
26 Attorneys for Plaintiffs Fire Guard Corporation,
Bahman Brian Shahangian, and Juan Carlos Del
27 Toro Trejo
28
5
Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration
(34-20 l 9-00249221-CU-CR-GDS)
1 Dated: April ___,
5 2024 ROB BONTA
Attorney General of California
2 RUSSELL B. HILDRETH
Supervising Deputy Attorney General
3
4
By: ____________________________________
5 ANDREA M. KENDRICK
Deputy Attorney General
6 Attorneys for Defendants
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Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration
(34-2019-00249221-CU-CR-GDS)
1 DECLARATION OF ANDREA M. KENDRICK
2 I, Andrea M. Kendrick, declare as follows:
3 1. I am an attorney licensed to practice before all courts of the State of California. I
4 am a Deputy Attorney General with the California Office of the Attorney General, counsel for
5 defendants California Department of Forestry and Fire Protection, California Office of the State
6 Fire Marshal, Mike Richwine, in his official capacity as State Fire Marshal, and Jeffrey Schwartz,
7 in his official capacity as Deputy State Fire Marshal. I have personal knowledge of the matters
8 stated herein, and if called as a witness, I could and would competently testify thereto.
9 2. On March 20, 2024, the parties mutually agreed by electronic mail, to seek an ex
10 parte order for a continuance of the trial and mandatory settlement conference dates, to allow
11 additional time for the parties to complete settlement discussions.
12 I declare under penalty of perjury, under the laws of the State of California, that the
13 foregoing is true and correct.
14 5th day of April 2024, at Galt, California.
Executed this ____
15
______________________________
16 Andrea M. Kendrick
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Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration
(34-2019-00249221-CU-CR-GDS)
DECLARATION OF SERVICE BY E-MAIL AND OVERNIGHT COURIER
Case Name: Fire Guard Corporation, et al. v. California Department of Forestry and
Fire Protection, et al.
No.: Sacramento Superior Court Case No. 34-2019-00249221-CU-CR-GDS
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar, at which member’s direction this service is made. I am 18 years of age or
older and not a party to this matter; my business address is: 1300 I Street, Suite 125, P.O. Box
944255, Sacramento, CA 94244-2550. I am familiar with the business practice at the Office of
the Attorney General for collection and processing of correspondence for overnight mail with the
Federal Express. In accordance with that practice, correspondence placed in the internal mail
collection system at the Office of the Attorney General is deposited with the overnight courier
that same day in the ordinary course of business.
On April 5, 2024, I served the attached JOINT EX PARTE APPLICATION FOR ORDER
TO CONTINUE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES IN
SUPPORT THEREOF; STIPULATION OF COUNSEL; DECLARATION OF ANDREA
M. KENDRICK by transmitting a true copy via electronic mail. In addition, I placed a true
copy thereof enclosed in a sealed envelope, in the internal mail system of the Office of the
Attorney General, for overnight delivery, addressed as follows:
Timothy V. Kassouni, Esq. Margaret Esquiroz, Esq.
KASSOUNI LAW esquiroz@pm.me
455 Capitol Mall, Suite 604 Attorney for Defendant California Fire
Sacramento, CA 95814 Protection Coalition
timothy@kassounilaw.com Via Electronic Mail only
Attorney for Plaintiffs
Fire Guard Corporation, Bahman Brian
Shahangian, and Juan Carlos Del Toro Trejo
Via Electronic Mail and Federal Express
Overnight
I declare under penalty of perjury under the laws of the State of California and the United States
of America the foregoing is true and correct and that this declaration was executed on April 5,
2024, at Sacramento, California.
Kristi Dykstra
Declarant Signature
SA2019300028
37994596.docx
Preview
1 ROB BONTA Attorney General of California 2 RUSSELL B. HILDRETH Supervising Deputy Attorney General 3 ANDREA M. KENDRICK Deputy Attorney General 4 State Bar No. 225688 1300 I Street, Suite 125 5 P.O. Box 944255 Sacramento, CA 94244-2550 6 Telephone: (916) 210-7821 Fax: (916) 327-2319 7 E-mail: Andrea.Kendrick@doj.ca.gov Exempt from Filing Fees 8 Attorneys for Defendants Pursuant to Gov. Code § 6103 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 13 14 FIRE GUARD CORPORATION; Case No. 34-2019-00249221-CU-CR-GDS BAHMAN BRIAN SHAHANGIAN, an 15 individual; CALIFORNIA FIRE JOINT EX PARTE APPLICATION FOR PROTECTION COALITION, a California ORDER TO CONTINUE TRIAL DATE; 16 Corporation; and JUAN CARLOS DEL MEMORANDUM OF POINTS AND TORO TREJO, an individual, AUTHORITIES IN SUPPORT 17 THEREOF; STIPULATION OF Plaintiffs, COUNSEL; DECLARATION OF 18 ANDREA M. KENDRICK v. 19 [Proposed] Order Filed Concurrently 20 CALIFORNIA DEPARTMENT OF Date: TBD FORESTRY AND FIRE PROTECTION; Time: TBD 21 CALIFORNIA OFFICE OF THE STATE Dept: 47 FIRE MARSHAL; MIKE RICHWINE, in Judge: Hon. Bunmi O. Awoniyi 22 his official capacity as State Fire Marshal; JEFFERY SCHWARTZ, in his official Trial Date: July 30, 2024 23 capacity as Deputy State Fire Marshal; and Action Filed: January 25, 2019 DOES 1 through 10, inclusive, 24 Defendants. 25 26 27 28 1 Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration (34-2019-00249221-CU-CR-GDS) 1 TO ALL PLAINTIFFS AND THEIR COUNSEL OF RECORD: 2 PLEASE TAKE NOTICE that on ______________________, 2024, or as soon thereafter 3 as the matter may be heard, in Department 47 of the above-entitled court located at 720 9th Street, 4 6th Floor, Sacramento, California, the parties will and hereby do apply by joint stipulation for the 5 following relief: (1) to vacate the trial date currently set for July 30, 2024, and continue it 6 approximately six months, or as soon thereafter as the Court’s calendar permits; (2) to vacate the 7 mandatory settlement conference, currently set for June 4, 2024, and continue it to a date 8 approximately 8 weeks before the continued trial date; and (3) to reset all pretrial deadlines 9 including all discovery-related, expert-related, trial-related, and motion cut-off deadlines, to be 10 based on the new trial date. 11 EX PARTE APPLICATION 12 The parties apply for this relief under California Rules of Court, rules 3.1200 et seq. and 13 3.1332 on the following grounds: (1) on September 16, 2022 and August 10, 2023, the parties 14 applied by stipulation to continue the trial dates, which the Court granted (Cal. Rules of Court, 15 rule 3.1202(b)); (2) trial is currently scheduled to begin on July 30, 2024, but the parties have 16 made substantial progress in settlement discussions, including during in-person settlement 17 meetings on May 5, 2023 and June 30, 2023, and through ongoing written communications which 18 recently include negotiating draft language for the settlement agreement, and desire to continue to 19 focus time and resources on case resolution; (3) no parties or witnesses will suffer prejudice as a 20 result of the continuance (Cal. Rules of Court, rule 3.1332(d)(5)); and (4) all parties have 21 stipulated to a continuance (Cal. Rules of Court, rule 3.1332(d)(9)). 22 The contact information for the attorneys for the parties is as follows: 23 Timothy V. Kassouni Kassouni Law 24 455 Capitol Mall, Suite 604 Sacramento, California 95814 25 916-930-0030 Timothy@Kassounilaw.com 26 Attorneys for Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, and Juan Carlos del Toro Trejo 27 28 2 Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration (34-2019-00249221-CU-CR-GDS) 1 Margaret Esquiroz Esquiroz Law, Inc. 2 4924 Balboa Blvd. #500 Encino, California 91316 3 818-705-4648 Esquiroz@pm.me 4 Attorneys for Plaintiff California Fire Protection Coalition 5 Andrea M. Kendrick California Department of Justice 6 1300 I Street, Suite 125 Sacramento, California 95814 7 916-210-7821 Andrea.Kendrick@doj.ca.gov 8 Attorneys for Defendants 9 (Cal. Rules of Court, rule 3.1202(a).) 10 The attorneys for the parties are available for trial January 27, 2025 through March 31, 11 2025. (Local Rules for the Superior Court of California, County of Sacramento, rule 2.11.) 12 On March 20, 2024, the parties mutually agreed by electronic mail, to seek an ex parte 13 order for the continuance to allow additional time to complete settlement discussions. 14 (Declaration of Andrea M. Kendrick, at ¶2.) 15 This Application is based on the application, the memorandum of points and authorities, the 16 stipulation, the declaration of Andrea M. Kendrick, and the records and files in this action. 17 MEMORANDUM OF POINTS AND AUTHORITIES 18 Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, California Fire Protection 19 Coalition, and Juan Carlos del Toro Trejo, and Defendants California Department of Forestry and 20 Fire Protection, California Office of the State Fire Marshal, Mike Richwine, in his official 21 capacity as State Fire Marshal, and Jeffrey Schwartz, in his official capacity as Deputy State Fire 22 Marshal, jointly apply by stipulation for the continuance of the trial to January 27, 2025, or as 23 soon thereafter as the Court’s calendar permits. 1 24 The lawsuit is a challenge to regulations adopted by the Office of the State Fire Marshal. 25 The challenged regulations establish a program for certifying the individuals who install water- 26 based fire protection systems. 27 1 The parties have entered into a separate stipulation pursuant to Code of Civil Procedure 28 section 583.330 to waive the requirement that a matter must be brought to trial within five years. 3 Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration (34-2019-00249221-CU-CR-GDS) 1 The grounds for a continuance are as follows: 2 (1) On September 16, 2022 and August 10, 2023, the parties applied by stipulation to 3 continue the December 5, 2022 and December 18, 2023 trial dates, which the Court granted (Cal. 4 Rules of Court, rule 3.1202(b)). 5 (2) Trial is currently scheduled to begin on July 30, 2024, but the parties have made 6 substantial progress in settlement discussions, including during in-person settlement meetings on 7 May 5, 2023 and June 30, 2023, and through ongoing written communications. The parties have 8 recently been negotiating draft language for the settlement agreement and desire to continue to 9 focus time and resources on case resolution. 10 (3) No parties or witnesses will suffer prejudice as a result of the continuance (Cal. Rules 11 of Court, rule 3.1332(d)(5)). 12 (4) All parties have stipulated to a continuance (Cal. Rules of Court, rule 3.1332(d)(9)). 13 14 5 2024 Dated: April ___, ROB BONTA Attorney General of California 15 RUSSELL B. HILDRETH 16 Supervising Deputy Attorney General 17 By: ____________________________________ 18 ANDREA M. KENDRICK Deputy Attorney General 19 Attorneys for Defendants 20 21 /// 22 /// 23 /// 24 25 26 27 28 4 Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration (34-2019-00249221-CU-CR-GDS) 1 STIPULATION 2 Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, California Fire Protection 3 Coalition, and Juan Carlos Del Toro Trejo (Plaintiffs) and Defendants California Department of 4 Forestry and Fire Protection, California Office of the State Fire Marshal, Mike Richwine, and 5 Jeffrey Schwartz (Defendants), stipulate as follows: 6 1. The parties agree that trial in this matter should be continued in order to allow the 7 parties additional time to complete settlement discussions. 8 2. The parties request that the Court order that the July 30, 2024 Trial and June 5, 2024 9 Mandatory Settlement Conference dates in this matter be vacated. The parties request that the 10 Court continue the trial approximately six months, to January 27, 2025, or as soon thereafter as 11 the Court’s calendar permits and vacate and reset the Mandatory Settlement Conference 12 approximately 8 weeks before the continued trial date. 13 3. The parties agree and confirm that if the Court grants this Application and sets a new 14 date for the trial, all pretrial deadlines, including all discovery-related, expert-related, trial-related, 15 and motion cut-off deadlines are reset, to be based on the new trial date. 16 SO STIPULATED. 17 Dated: April ___, 2024 ESQUIROZ LAW, INC. 18 19 By: ____________________________________ 20 MARGARET ESQUIROZ Attorneys for Plaintiff California Fire Protection 21 Coalition 22 23 Dated: April ___, 2024 KASSOUNI LAW 24 25 ____________________________________ TIMOTHY V. KASSOUNI 26 Attorneys for Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, and Juan Carlos Del 27 Toro Trejo 28 5 Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration (34-2019-00249221-CU-CR-GDS) 1 STIPULATION 2 Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, California Fire Protection 3 Coalition, and Juan Carlos Del Toro Trejo (Plaintiffs) and Defendants California Department of 4 Forestry and Fire Protection, California Office of the State Fire Marshal, Mike Richwine, and 5 Jeffrey Schwartz (Defendants), stipulate as follows: 6 1. The parties agree that trial in this matter should be continued in order to allow the 7 parties additional time to complete settlement discussions. 8 2. The parties request that the Court order that the July 30, 2024 Trial and June 5, 2024 9 Mandatory Settlement Conference dates in this matter be vacated. The parties request that the 10 Court continue the trial approximately six months, to January 27, 2025, or as soon thereafter as 11 the Court's calendar permits and vacate and reset the Mandatory Settlement Conference 12 approximately 8 weeks before the continued trial date. 13 3. The parties agree and confirm that if the Court grants this Application and sets a new 14 date for the trial, all pretrial deadlines, including all discovery-related, expert-related, trial-related, 15 and motion cut-off deadlines are reset, to be based on the new trial date. 16 SO STIPULATED. 17 Dated: April _ , 2024 ESQUIROZ LAW, INC. 18 19 By: 20 MARGARET ESQUIROZ Attorneys for Plaintiff California Fire Protection 21 Coalition 22 ,,,--- 23 Dated: April .2_,2024 KASSOUNI LAW 24 25 TIMOTHY V . KASSOUNI 26 Attorneys for Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, and Juan Carlos Del 27 Toro Trejo 28 5 Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration (34-20 l 9-00249221-CU-CR-GDS) 1 Dated: April ___, 5 2024 ROB BONTA Attorney General of California 2 RUSSELL B. HILDRETH Supervising Deputy Attorney General 3 4 By: ____________________________________ 5 ANDREA M. KENDRICK Deputy Attorney General 6 Attorneys for Defendants 7 8 /// 9 /// 10 /// 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 6 Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration (34-2019-00249221-CU-CR-GDS) 1 DECLARATION OF ANDREA M. KENDRICK 2 I, Andrea M. Kendrick, declare as follows: 3 1. I am an attorney licensed to practice before all courts of the State of California. I 4 am a Deputy Attorney General with the California Office of the Attorney General, counsel for 5 defendants California Department of Forestry and Fire Protection, California Office of the State 6 Fire Marshal, Mike Richwine, in his official capacity as State Fire Marshal, and Jeffrey Schwartz, 7 in his official capacity as Deputy State Fire Marshal. I have personal knowledge of the matters 8 stated herein, and if called as a witness, I could and would competently testify thereto. 9 2. On March 20, 2024, the parties mutually agreed by electronic mail, to seek an ex 10 parte order for a continuance of the trial and mandatory settlement conference dates, to allow 11 additional time for the parties to complete settlement discussions. 12 I declare under penalty of perjury, under the laws of the State of California, that the 13 foregoing is true and correct. 14 5th day of April 2024, at Galt, California. Executed this ____ 15 ______________________________ 16 Andrea M. Kendrick 17 18 19 20 21 22 23 24 25 26 27 28 7 Joint Ex Parte Application to Continue Trial Date; Stipulation; Memorandum; Kendrick Declaration (34-2019-00249221-CU-CR-GDS) DECLARATION OF SERVICE BY E-MAIL AND OVERNIGHT COURIER Case Name: Fire Guard Corporation, et al. v. California Department of Forestry and Fire Protection, et al. No.: Sacramento Superior Court Case No. 34-2019-00249221-CU-CR-GDS I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member’s direction this service is made. I am 18 years of age or older and not a party to this matter; my business address is: 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for overnight mail with the Federal Express. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the overnight courier that same day in the ordinary course of business. On April 5, 2024, I served the attached JOINT EX PARTE APPLICATION FOR ORDER TO CONTINUE TRIAL DATE; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; STIPULATION OF COUNSEL; DECLARATION OF ANDREA M. KENDRICK by transmitting a true copy via electronic mail. In addition, I placed a true copy thereof enclosed in a sealed envelope, in the internal mail system of the Office of the Attorney General, for overnight delivery, addressed as follows: Timothy V. Kassouni, Esq. Margaret Esquiroz, Esq. KASSOUNI LAW esquiroz@pm.me 455 Capitol Mall, Suite 604 Attorney for Defendant California Fire Sacramento, CA 95814 Protection Coalition timothy@kassounilaw.com Via Electronic Mail only Attorney for Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, and Juan Carlos Del Toro Trejo Via Electronic Mail and Federal Express Overnight I declare under penalty of perjury under the laws of the State of California and the United States of America the foregoing is true and correct and that this declaration was executed on April 5, 2024, at Sacramento, California. Kristi Dykstra Declarant Signature SA2019300028 37994596.docx