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1 ROB BONTA
Attomey General of Califomia
2 RUSSELL B . HILDRETH
Supervising Deputy Attomey General
3 ANDREA M . KENDRICK State Bar No. 225688
COURTNEY S. COVINGTON, State Bar No. 259723
4 Deputy Attomeys General
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
Attorneys for Defendants
8 Exempt fi-om filing fees under
Government 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
BARMAN BRIAN SHAHANGIAN, an
15 individual; CALIFORNIA FIRE DECLARATION OF ANDREA M.
PROTECTION COALITION, a California KENDRICK IN SUPPORT OF
16 Corporation; and JUAN CARLOS DEL DEFENDANTS' AMENDED
TORO TREJO, an individual, OBJECTIONS TO EVIDENCE
1'7
' Plaintiffs, Date: November 1, 2022
18 Time: 1:30 p.m.
Dept.: 53
19 Trial Date: December 18, 2023
20 CALIFORNIA DEPARTMENT OF
FORESTRY AND FIRE PROTECTION; Reservation No.: 2649022
21 CALIFORNIA OFFICE OF THE STATE
FIRE MARSHAL; MIKE RICHWINE, in
22 his official capacity as State Fire Marshal;
JEFFERY SCHWARTZ, in his official
23 capacity as Deputy State Fire Marshal; and
DOES 1 through 10, inclusive.
24
Defendants.
25
26
27
28
1
Declaration of Andrea M. Kendricic In Support of Defendants' Amended Objections to Evidence
(34-2019-00249221 -CU-CR-GDS)
1 I, Andrea M. Kendrick, declare:
2 1. I am an attomey licensed to practice in all of the courts in the State of Califomia and
3 a Deputy Attomey General in the Califomia Attomey General's Office, counsel of record for
4 defendants in this action. I have personal knowledge of all the matters set forth herein and, if
5 called as a w^itness, I could and would competently testify thereto.
6 2. On September 28, 2022, defendants Califomia Department of Forestry and Fire
7 Protection, Califomia Office of the State Fire Marshal, Mike Richwine, and Jeffrey Schwartz
8 (Defendants), filed a motion in this Court (A) to compel plaintiffs Fire Guard Corporation,
9 Bahman Brian Shahangian, and Juan Carlos Del Toro Trejo (collectively. Fire Guard and the
10 Individual Plaintiffs) to provide responses to interrogatories and requests for production (set one)
11 and (B) for an order deeming admitted the requests for admission set (set one) (Motion). A true
12 and correct copy of defendant Office of the State Fire Marshal's Request for Admission (Set One)
13 that was a subject of the Motion is attached as Exhibit 1.
14 3. The hearing on the Motion was set for October 27, 2022. On October 26, 2022, the
15 Court issued its tentative mling on the Motion. Attached as Exhibit 2 is a true and correct copy of
16 the Court's tentative mling on the Motion, in Item 2. As to the requests for admission, the
17 tentative mling granted Defendants' request to deem admitted those matters specified in its
18 requests for admission to Fire Guard and the Individual Plaintiffs. No party requested oral
19 argument, and the tentative mling became final. As of the time this amended objections to
20 evidence was finalized for filing, the Minute Order was not available on the Court's docket.
21
22 I declare under penalty of perjury under the laws of the State of Califomia that the
23 foregoing is true and correct.
24 Executed on October 27, 2022, in Gait, Califomia.
25
26 Andrea M. Kendrick
27 SA2019300028
36674059.docx
28
Declaration of Andrea M. Kendrick In Support of Defendants' Amended Objections to Evidence
, (34-2019-00249221-CU-CR-GDS)
EXHIBIT 1
1 XAVIERBECERRA
Attorney (jeneral of iSalifoMa
2 TRACY L.WIMSOR
Supervising Deputy Attomey General
3 ANDREA M. KENDRICK, State Bar NO. 225688
RUSSELL B. HILDRETH^ Smte Bar No, 166167
4 Deputy Attorney General
State Bar No. 225688
5 13001 Street, Suite 125
P.O. Box 944255
6 Sacramento, CA 94244-2550
telephone: (916) 210-7821
7 Fax: (916)327-2319
E-mail: Andrea.Kendrick(^doj .ca.gov
8 Attomeys for Defendants
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SACRAMENTO
II
12
13 FBRE GUARD CORPORATION; Case No. 34-2019-00249221
BAHMAN BRIAN SHAHANGIAN, an
14 individual; CALIFORNIA F I R E REQUESTS FOR ADMISSION TO
PROTECTION COAUTtbN, a California PLAINTIFFS F I R E GUARD
15 Corporation; and JUAN CARLOS D E L CORPORATION, BAHMAN BRIAN
TORO TREJO, an individual, SHAHANGIAN, AND JUAN (CARLOS
15 D E L TORO TRE JO (SET ONE)
Plaintiffs,
17
18
19 CALIFORNIA DEPARTMENT OF
FORESTRY AND F I R E PROTECTION;
20 CALIFORNIA OFFICE OF THE STATE
F I R E MARSHAL; MOCE RICHWINE, in
21 his official capacity as State Fire Marshal;
JEFFREY SCHWARTZ, in his official
22 capacity as Deputy State Fire Marshal; and
DOES 1 through 10, inclusive,
23
Defendants.
24
25 PROPOUNDING PARTY: Defendant Office of the "State Fire Marshal
26 RESPONDING PARTY: Plaintiffs, Fire Guard Corporation, Bahman Brian Shahangian, and
Juan Carlos Del Toro Trejo
27
SET NO. ONE (1)
28
RequestsforAftmission tn Pfaintiffe fire Gutura Corp., Shahaagifflirand-^eju (Set Otie) (34-2019-00249221)'
1 -Pursuant to Code of Civil Procedure section 2033.010, et seq., you or your legal
2 repfesentatiyeS arfc re<^tiirdd to re$ip6nd to the following requests for^dnussion^^^^
writing Under oath, within 30 days of service upon you.
4 REQUESTS FOR ADMISSION
S' REOUEST FOR ADMlSSIONNO. I t
$ Adinifftat YOtJ (as used herein, "Y()tj" and '*YQUR"Te&r to plaintiffs Fire Guard
7 Coiporation, including any of its ofBcers, Bahman Brian Shahangian, and Juan Carlos Del Toro
a Trejo) have no evidence to support YOUR claim in Paragraph 51 of the FIRST AMENDED
9 COMPLAINT (as used herein, the term "FIRST AMENDED COMPLAINT" means the First
IP Amended Complaint for Declaratory and Injunctive Relief,filedby plaintiffs F jre Guard
11 Corporation, Bahman Brian Shahangian, Cahfomia Fire Priotection Cdalitidn, and Juan Carlos
12 Del Toro Trejo, in Sacramento County Superior Court, case number 34-2019-00249221, on pr
13 about May 2,2019), that "most C-16 fire protection contractors have existing contractual
14 agreements with property owners for commercial fire sprinkler work, which were executed prior
15 to the effective date of theregulatioris and are ongoing."
16
17 Dated: August 28,2020 Re^ctfiilly Subrnitted,
18 XAVIERBECERRA
Attorney General of Caiifomia
19 TRACY L.WlNSOR
Supervising Deputy Attomey General
20
21
22
ANDREA M. KENDRICK
23 Deputy Attomey General
Attorneys for Defendants
24
25 SA20I9300028
34324081.docx
26
27
28
Rftq^iiRsts for A Hmi.«!.sihn tf( Plaintiffs ^iri» ChisirA Cnrp ^! fi^mrsmS^jo (Set Quu) (34-2019-00249221)-
DECLARATION OF SERVICE BY E^MAK. and U.S. MAIL
Case N^e: f irCOUai^d (?Dippi^atj[Qn, et a^ v/CalifbrniaPe^ Forestry and
iFire ProtecticJii, et al.
Case No.: Sacramento County Superior Court Case No. 34-2019-00249221
I declare:
1 amernployed in the Office of the Attomey General, which is the office of a rnembef of the
California State Bar, at which rnember's direction this service is made. I am 18 years of age or
older arid hot a pafty to this matter. I .am familiar withtiiebusiness practice at the Office of the
Attomey General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system at the Office of the Attomey General is deposited with the United States
Postal Service with postage thereon fully prepaid that same day in the ordinary course of
business.
On August 28.2020.1 servedtiieattached Requests for Admission to Plaintiffs Fire Guard
Corporation, Bahman Brian Shahangian, and Juan Carlos Del Toro Trejq (Set One) by
placing a true copy thereof enclosed in a sealed envelope, intiieinternalrnaiisystem of the
Office of the Attomey General, addressed as follows:
Timothy V, Kassouni
Attorney at Law
Kassouni Law
621 Capitol Mall, Suite 2025
Sacramento, CA 95814
tiiTtdthv@.lcassouhilaw.cQm
In addition, on August 28.2020.1 servedtiieattached Requests for Admission to Plaintiffs
Fire Guard Corporation, Bahman Brian Shahangian, and Juan Carlos Del Tore Trejo (Set
One) by transmitting a true copy via electronic mail to:
Margaret Esquiroz, Esq.
4924 Balboa Boulevard, #500
Encino, GA 91316-3402
esquiroz@pm.me
I declare under penalty of perjury undertiielaws oftiieState of California and the United States
of America the foregoing is tme and correct and thattiiisdeclaration was executed on August 28,
2020, at Sacramento, Califomia.
Arm-Marie Doersch
Declarant SigSatufe
3436nd6.doM
EXHIBIT 2
NOTICE:
Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply
with the following procedure:
To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument
Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the
time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves
as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral
argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party
may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made,
the tentative ruling becomes the final order of the Court.
Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video
conference via the Zoom video/audio conference platform with notice to the Court and all other parties in
accordance with Code of Civil Procedure 367.75. Although remote participation is not required, the Court will
presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 53/54 Zoom Link is
https://saccourt-ca-qov.zoomgov.com/mv/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on
Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL
APPEARANCES WILL BE ACCEPTED.
Parties requesting services of a court reporter will need to arrange for private court reporter services at their own
expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for
requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento
Superior Court website at fittDs://www.saccourt. ca. aov/court-reoorters/docs/crtrD-Sa.pdf. Parties may contact Court-
Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore
available at tittDs://vvww.saccourt.ca.aov/court-reDorters/docs/crtrD-13.Pdf
A Stipulation and Appointment of Official Reporter Pro Tempore ('CV/E-206) is required to be signed by each party,
the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court's Approved
Official Reporter Pro Tempore list. Once the form is signed it must be filed with the clerk.
If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court
Reporter by a Party witti a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the
hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be
fonward the form to the Court Reporter's Office and an official reporter will be provided.
Department 53
Superior Court of California
813 Sixth Street, 2nd Floor
Richard K. Sueyoshi, Judge
P. Lopez, Clerk
J . Reilly/N. Alvi, Bailiff
Thursday, October 27, 2022,1:30 PM
Item 1 2018-00246019-CU-WT
Chekwuemeka Okemiri v s . California Energy Commission
Nature of Proceeding: Motion for Summary Judgment and/or Adjudication
Filed By: Spyridakis, Vasilios 8.
This matter is DROPPED from the calendar. The parties reached a Stipulated
Settlement on 10/6/22 (Register of Actions No. 65) and plaintiff filed a Notice of
Settlement on 10/13/2022 (Register of Actions No. 71).
Item 2 2019-00249221-CU-CR
Fire Guard Corp. vs. Ca. Dept. of Forestry and Fire Protecti
Nature of Proceeding: Motion to Compel Responses to Discovery & to Deem Admitted
Filed By: Kendrick, Andrea M.
Defendant Office of the State Fire Marshall's ("OSFM") motion (1) to compel plaintiffs'
discovery responses and (2) to deem admitted the requests for admissions directed to
plaintiffs Is UNOPPOSED and is GRANTED as follows. ^
Defendant OSFM first seeks to compel plaintiffs Fire Guard Corporation, Bahman
Brian Shahanlglan and Juan Carlos Del Toro Trejo's respective responses to form and
special Interrogatories and to requests for production of documents.
Plaintiffs do not oppose the motion to compel but merely ask that their responses
(without objections) to the discovery requests be due at least 25 days after the Court
Issues its ruling on defendants' pending motion for summary adjudication, now set for
hearing on 11/1/2022.
In reply, defendant states that it is willing to accept responses (without objections) to
the Interrogatories and requests for production 25 days after the ruling on the pending
motion for summary adjudication but adds that since no responses to the requests for
admissions have been received, the matters therein should be deemed admitted.
Finding no substantive opposition, this motion to compel is GRANTED. Each of the
three plaintiffs Identified above shall provide verified responses, without objections, to
the subject form and special interrogatories and to requests for production of
documents no later than 11/30/2022 (unless defendant OSFM agrees to a later date
memorialized in writing).
Defendant did not request any monetary sanctions In connection with this motion to
compel.
Moving counsel is advised that where discovery responses (as opposed to further
responses) are sought, copies of the discovery need not be Included with the motion.
Proof of service Is all that Is required.
Defendant OSFM also seeks an order deeming admitted those matters specified In its
requests for admissions to plaintiffs Fire Guard Corporation, Bahman Brian
Shahanlglan and Juan Carlos Del Toro Trejo, none of whom have filed any opposition.
Therefore, coupled with plaintiffs' apparent failure thus far to serve "before the hearing
on the motion" proposed responses that are in substantial compliance with Code of
Civil Procedure §2033.220, the motion to deem admitted shall also be GRANTED.
Defendant CDSFM did not request an award of (mandatory) monetary sanctions.
This minute order is effective Immediately. No formal order or other notice Is required.
(Code Civ. Proc. §1019.5; CRC Rule 3.1312.)
item 3 2020-00273081-CU-OR
DECLARATION OF SERVICE BY E-MAIL AND OVERNIGHT COURIER
Case Name: Fire Guard Corporation, et al. v. CaUfornia Department of Forestry and Fire
Protection, et al.
Case No. Sacramento County Superior Court No. 34-2019-00249221-CU-CR-GDS
I declare:
I am employed in the Office of the Attomey General, which is the office of a member of the
Califomia 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 Attomey General for collection and processing of correspondence for overnight mail with the
Federal Express. In accordance with that practice, correspondence placed in the intemal mail
collection system at the Office of the Attomey General is deposited with the overnight courier
that same day in the ordinary course of business.
On October 27. 2022.1 served the attached DECLARATION OF ANDREA M . KENDRICK
IN SUPPORT OF DEFENDANTS' AMENDED OBJECTIONS TO EVIDENCE by
transmitting a tme copy via electronic mail. In addition, I placed a true copy thereof enclosed in
a sealed envelope, in the intemal mail system of the Office of the Attomey General, for
overnight delivery, addressed as follows:
Via Electronic Mail and FedEX Via Electronic Mail
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
timothv@kassounilaw.com
Attorney for Plaintiffs
Fire Guard Corporation, Bahman Brian
Shahangian, and Juan Carlos Del Toro Trejo
I declare under penalty of perjury under the laws of the State of Califomia and the United States
of America the foregoing is tme and correct and that this declaration was executed on
October 27. 2022. at Sacramento, Califomia.
Rochelle UdaQuillen
Declarant Signature
SA2019300028 ~ 36673786.docx
Preview
1 ROB BONTA Attomey General of Califomia 2 RUSSELL B . HILDRETH Supervising Deputy Attomey General 3 ANDREA M . KENDRICK State Bar No. 225688 COURTNEY S. COVINGTON, State Bar No. 259723 4 Deputy Attomeys General 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 Attorneys for Defendants 8 Exempt fi-om filing fees under Government 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 BARMAN BRIAN SHAHANGIAN, an 15 individual; CALIFORNIA FIRE DECLARATION OF ANDREA M. PROTECTION COALITION, a California KENDRICK IN SUPPORT OF 16 Corporation; and JUAN CARLOS DEL DEFENDANTS' AMENDED TORO TREJO, an individual, OBJECTIONS TO EVIDENCE 1'7 ' Plaintiffs, Date: November 1, 2022 18 Time: 1:30 p.m. Dept.: 53 19 Trial Date: December 18, 2023 20 CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION; Reservation No.: 2649022 21 CALIFORNIA OFFICE OF THE STATE FIRE MARSHAL; MIKE RICHWINE, in 22 his official capacity as State Fire Marshal; JEFFERY SCHWARTZ, in his official 23 capacity as Deputy State Fire Marshal; and DOES 1 through 10, inclusive. 24 Defendants. 25 26 27 28 1 Declaration of Andrea M. Kendricic In Support of Defendants' Amended Objections to Evidence (34-2019-00249221 -CU-CR-GDS) 1 I, Andrea M. Kendrick, declare: 2 1. I am an attomey licensed to practice in all of the courts in the State of Califomia and 3 a Deputy Attomey General in the Califomia Attomey General's Office, counsel of record for 4 defendants in this action. I have personal knowledge of all the matters set forth herein and, if 5 called as a w^itness, I could and would competently testify thereto. 6 2. On September 28, 2022, defendants Califomia Department of Forestry and Fire 7 Protection, Califomia Office of the State Fire Marshal, Mike Richwine, and Jeffrey Schwartz 8 (Defendants), filed a motion in this Court (A) to compel plaintiffs Fire Guard Corporation, 9 Bahman Brian Shahangian, and Juan Carlos Del Toro Trejo (collectively. Fire Guard and the 10 Individual Plaintiffs) to provide responses to interrogatories and requests for production (set one) 11 and (B) for an order deeming admitted the requests for admission set (set one) (Motion). A true 12 and correct copy of defendant Office of the State Fire Marshal's Request for Admission (Set One) 13 that was a subject of the Motion is attached as Exhibit 1. 14 3. The hearing on the Motion was set for October 27, 2022. On October 26, 2022, the 15 Court issued its tentative mling on the Motion. Attached as Exhibit 2 is a true and correct copy of 16 the Court's tentative mling on the Motion, in Item 2. As to the requests for admission, the 17 tentative mling granted Defendants' request to deem admitted those matters specified in its 18 requests for admission to Fire Guard and the Individual Plaintiffs. No party requested oral 19 argument, and the tentative mling became final. As of the time this amended objections to 20 evidence was finalized for filing, the Minute Order was not available on the Court's docket. 21 22 I declare under penalty of perjury under the laws of the State of Califomia that the 23 foregoing is true and correct. 24 Executed on October 27, 2022, in Gait, Califomia. 25 26 Andrea M. Kendrick 27 SA2019300028 36674059.docx 28 Declaration of Andrea M. Kendrick In Support of Defendants' Amended Objections to Evidence , (34-2019-00249221-CU-CR-GDS) EXHIBIT 1 1 XAVIERBECERRA Attorney (jeneral of iSalifoMa 2 TRACY L.WIMSOR Supervising Deputy Attomey General 3 ANDREA M. KENDRICK, State Bar NO. 225688 RUSSELL B. HILDRETH^ Smte Bar No, 166167 4 Deputy Attorney General State Bar No. 225688 5 13001 Street, Suite 125 P.O. Box 944255 6 Sacramento, CA 94244-2550 telephone: (916) 210-7821 7 Fax: (916)327-2319 E-mail: Andrea.Kendrick(^doj .ca.gov 8 Attomeys for Defendants 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO II 12 13 FBRE GUARD CORPORATION; Case No. 34-2019-00249221 BAHMAN BRIAN SHAHANGIAN, an 14 individual; CALIFORNIA F I R E REQUESTS FOR ADMISSION TO PROTECTION COAUTtbN, a California PLAINTIFFS F I R E GUARD 15 Corporation; and JUAN CARLOS D E L CORPORATION, BAHMAN BRIAN TORO TREJO, an individual, SHAHANGIAN, AND JUAN (CARLOS 15 D E L TORO TRE JO (SET ONE) Plaintiffs, 17 18 19 CALIFORNIA DEPARTMENT OF FORESTRY AND F I R E PROTECTION; 20 CALIFORNIA OFFICE OF THE STATE F I R E MARSHAL; MOCE RICHWINE, in 21 his official capacity as State Fire Marshal; JEFFREY SCHWARTZ, in his official 22 capacity as Deputy State Fire Marshal; and DOES 1 through 10, inclusive, 23 Defendants. 24 25 PROPOUNDING PARTY: Defendant Office of the "State Fire Marshal 26 RESPONDING PARTY: Plaintiffs, Fire Guard Corporation, Bahman Brian Shahangian, and Juan Carlos Del Toro Trejo 27 SET NO. ONE (1) 28 RequestsforAftmission tn Pfaintiffe fire Gutura Corp., Shahaagifflirand-^eju (Set Otie) (34-2019-00249221)' 1 -Pursuant to Code of Civil Procedure section 2033.010, et seq., you or your legal 2 repfesentatiyeS arfc re<^tiirdd to re$ip6nd to the following requests for^dnussion^^^^ writing Under oath, within 30 days of service upon you. 4 REQUESTS FOR ADMISSION S' REOUEST FOR ADMlSSIONNO. I t $ Adinifftat YOtJ (as used herein, "Y()tj" and '*YQUR"Te&r to plaintiffs Fire Guard 7 Coiporation, including any of its ofBcers, Bahman Brian Shahangian, and Juan Carlos Del Toro a Trejo) have no evidence to support YOUR claim in Paragraph 51 of the FIRST AMENDED 9 COMPLAINT (as used herein, the term "FIRST AMENDED COMPLAINT" means the First IP Amended Complaint for Declaratory and Injunctive Relief,filedby plaintiffs F jre Guard 11 Corporation, Bahman Brian Shahangian, Cahfomia Fire Priotection Cdalitidn, and Juan Carlos 12 Del Toro Trejo, in Sacramento County Superior Court, case number 34-2019-00249221, on pr 13 about May 2,2019), that "most C-16 fire protection contractors have existing contractual 14 agreements with property owners for commercial fire sprinkler work, which were executed prior 15 to the effective date of theregulatioris and are ongoing." 16 17 Dated: August 28,2020 Re^ctfiilly Subrnitted, 18 XAVIERBECERRA Attorney General of Caiifomia 19 TRACY L.WlNSOR Supervising Deputy Attomey General 20 21 22 ANDREA M. KENDRICK 23 Deputy Attomey General Attorneys for Defendants 24 25 SA20I9300028 34324081.docx 26 27 28 Rftq^iiRsts for A Hmi.«!.sihn tf( Plaintiffs ^iri» ChisirA Cnrp ^! fi^mrsmS^jo (Set Quu) (34-2019-00249221)- DECLARATION OF SERVICE BY E^MAK. and U.S. MAIL Case N^e: f irCOUai^d (?Dippi^atj[Qn, et a^ v/CalifbrniaPe^ Forestry and iFire ProtecticJii, et al. Case No.: Sacramento County Superior Court Case No. 34-2019-00249221 I declare: 1 amernployed in the Office of the Attomey General, which is the office of a rnembef of the California State Bar, at which rnember's direction this service is made. I am 18 years of age or older arid hot a pafty to this matter. I .am familiar withtiiebusiness practice at the Office of the Attomey General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attomey General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. On August 28.2020.1 servedtiieattached Requests for Admission to Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, and Juan Carlos Del Toro Trejq (Set One) by placing a true copy thereof enclosed in a sealed envelope, intiieinternalrnaiisystem of the Office of the Attomey General, addressed as follows: Timothy V, Kassouni Attorney at Law Kassouni Law 621 Capitol Mall, Suite 2025 Sacramento, CA 95814 tiiTtdthv@.lcassouhilaw.cQm In addition, on August 28.2020.1 servedtiieattached Requests for Admission to Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, and Juan Carlos Del Tore Trejo (Set One) by transmitting a true copy via electronic mail to: Margaret Esquiroz, Esq. 4924 Balboa Boulevard, #500 Encino, GA 91316-3402 esquiroz@pm.me I declare under penalty of perjury undertiielaws oftiieState of California and the United States of America the foregoing is tme and correct and thattiiisdeclaration was executed on August 28, 2020, at Sacramento, Califomia. Arm-Marie Doersch Declarant SigSatufe 3436nd6.doM EXHIBIT 2 NOTICE: Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure: To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court. Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure 367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 53/54 Zoom Link is https://saccourt-ca-qov.zoomgov.com/mv/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED. Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at fittDs://www.saccourt. ca. aov/court-reoorters/docs/crtrD-Sa.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at tittDs://vvww.saccourt.ca.aov/court-reDorters/docs/crtrD-13.Pdf A Stipulation and Appointment of Official Reporter Pro Tempore ('CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court's Approved Official Reporter Pro Tempore list. Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party witti a Fee Waiver (CV/E-211) and it must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be fonward the form to the Court Reporter's Office and an official reporter will be provided. Department 53 Superior Court of California 813 Sixth Street, 2nd Floor Richard K. Sueyoshi, Judge P. Lopez, Clerk J . Reilly/N. Alvi, Bailiff Thursday, October 27, 2022,1:30 PM Item 1 2018-00246019-CU-WT Chekwuemeka Okemiri v s . California Energy Commission Nature of Proceeding: Motion for Summary Judgment and/or Adjudication Filed By: Spyridakis, Vasilios 8. This matter is DROPPED from the calendar. The parties reached a Stipulated Settlement on 10/6/22 (Register of Actions No. 65) and plaintiff filed a Notice of Settlement on 10/13/2022 (Register of Actions No. 71). Item 2 2019-00249221-CU-CR Fire Guard Corp. vs. Ca. Dept. of Forestry and Fire Protecti Nature of Proceeding: Motion to Compel Responses to Discovery & to Deem Admitted Filed By: Kendrick, Andrea M. Defendant Office of the State Fire Marshall's ("OSFM") motion (1) to compel plaintiffs' discovery responses and (2) to deem admitted the requests for admissions directed to plaintiffs Is UNOPPOSED and is GRANTED as follows. ^ Defendant OSFM first seeks to compel plaintiffs Fire Guard Corporation, Bahman Brian Shahanlglan and Juan Carlos Del Toro Trejo's respective responses to form and special Interrogatories and to requests for production of documents. Plaintiffs do not oppose the motion to compel but merely ask that their responses (without objections) to the discovery requests be due at least 25 days after the Court Issues its ruling on defendants' pending motion for summary adjudication, now set for hearing on 11/1/2022. In reply, defendant states that it is willing to accept responses (without objections) to the Interrogatories and requests for production 25 days after the ruling on the pending motion for summary adjudication but adds that since no responses to the requests for admissions have been received, the matters therein should be deemed admitted. Finding no substantive opposition, this motion to compel is GRANTED. Each of the three plaintiffs Identified above shall provide verified responses, without objections, to the subject form and special interrogatories and to requests for production of documents no later than 11/30/2022 (unless defendant OSFM agrees to a later date memorialized in writing). Defendant did not request any monetary sanctions In connection with this motion to compel. Moving counsel is advised that where discovery responses (as opposed to further responses) are sought, copies of the discovery need not be Included with the motion. Proof of service Is all that Is required. Defendant OSFM also seeks an order deeming admitted those matters specified In its requests for admissions to plaintiffs Fire Guard Corporation, Bahman Brian Shahanlglan and Juan Carlos Del Toro Trejo, none of whom have filed any opposition. Therefore, coupled with plaintiffs' apparent failure thus far to serve "before the hearing on the motion" proposed responses that are in substantial compliance with Code of Civil Procedure §2033.220, the motion to deem admitted shall also be GRANTED. Defendant CDSFM did not request an award of (mandatory) monetary sanctions. This minute order is effective Immediately. No formal order or other notice Is required. (Code Civ. Proc. §1019.5; CRC Rule 3.1312.) item 3 2020-00273081-CU-OR DECLARATION OF SERVICE BY E-MAIL AND OVERNIGHT COURIER Case Name: Fire Guard Corporation, et al. v. CaUfornia Department of Forestry and Fire Protection, et al. Case No. Sacramento County Superior Court No. 34-2019-00249221-CU-CR-GDS I declare: I am employed in the Office of the Attomey General, which is the office of a member of the Califomia 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 Attomey General for collection and processing of correspondence for overnight mail with the Federal Express. In accordance with that practice, correspondence placed in the intemal mail collection system at the Office of the Attomey General is deposited with the overnight courier that same day in the ordinary course of business. On October 27. 2022.1 served the attached DECLARATION OF ANDREA M . KENDRICK IN SUPPORT OF DEFENDANTS' AMENDED OBJECTIONS TO EVIDENCE by transmitting a tme copy via electronic mail. In addition, I placed a true copy thereof enclosed in a sealed envelope, in the intemal mail system of the Office of the Attomey General, for overnight delivery, addressed as follows: Via Electronic Mail and FedEX Via Electronic Mail 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 timothv@kassounilaw.com Attorney for Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, and Juan Carlos Del Toro Trejo I declare under penalty of perjury under the laws of the State of Califomia and the United States of America the foregoing is tme and correct and that this declaration was executed on October 27. 2022. at Sacramento, Califomia. Rochelle UdaQuillen Declarant Signature SA2019300028 ~ 36673786.docx