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1 ROB BONTA \
Attomey General of Califomia j'
2 RUSSELL B . HILDRETH, State Bar No. 166167
Supervising Deputy Attomey General
3 ANDREA M . KENDRICK, State Bar No. 225688
COURTNEY S. COVINGTON, State Bar No. 259723
4 Deputy Attomeys General
13001 Sfreet, Suite 125
5 P.O; Box 944255
Sacramento, CA 94244-2550
6 Telephone: (916)210-7821
Fax: (916)327-2319
7 E-mail: Ajidrea.Kendrick@doj.ca.gov
Attorneys for Defendants Exempt from filing fees under
8 Government Code § 6103
9 SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF SACRAMENTO
11
12
FIRE GUARD CORPORATION; Case No. 34-2019-00249221-CU-CR-GDS
13 BAHMAN BRIAN SHAHANGIAN, an
individual; and CALIFORNIA FIRE STIPULATION AND [PROPOSED]
14 PROTECTION COALITION, a California ORDER TO CONTINUE TRIAL DATE
Corporation; and JUAN CARLOS DEL AND PRETRIAL DEADLINES
15 TORO TREJO, an individual,.
Date: TBD
16 Plaintiffs, Time: TBD
Dept.: 47
17 Judge: Hon. Michael G. Bowman
18 Trial Date: December 5, 2022
CALIFORNIA DEPARTMENT OF Action Filed: January 25, 2019
19 FORESTRY AND FIRE PROTECTION;
CALIFORNIA OFFICE OF THE STATE
20 FIRE MARSHAL; MIKE RICHWINE, in
his official capacity as State Fire Marshal;
21 JEFFERY SCHWARTZ, in his official
capacity as Depiity State Fire Marshal; and
22 DOES 1 through 10, inclusive,
23 Defendants.
24
25
26
27
SEP 1 6 2022 1
14 Stipulation and [Proposed] Order to Continue Trial Date and Pretrial Deadlines (34-2019-00249221-CU-CR-GDS)
1 Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, Califomia Fire Protection
2 Coalition, and Juan Carlos Del Toro Trejo (Plaintiffs) and Defendants Califomia Department of
3 Forestry and Fire Protection, Califomia Office of the State Fire Marshal, Mike Richwine, and
4 Jeffrey Schwartz (Defendants), stipulate as follows:
5 WHEREAS, trial in the above-captioned matter is currently set for December 5, 2022, and
6 the mandatory settlement conference is currently set for October 17, 2022; '
7 WHEREAS, a hearing on Defendants' Motion for Summary Adjudication is currently set
8 for October 11,2022;
9 WHEREAS, a hearing on defendant Office of the State Fire Marshal's Motion to Compel
10 Discovery Responses from plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, and
11 Juan Carlos Del Toro Trejo (Defendants' Motion to Compel Discovery Responses) is currently
12 set for October 27, 2022;
13 WHEREAS, Defendants agree they wdll not oppose a motion by plaintiff Califomia Fire
14 Protection Coalition to add a declaratory relief cause of action to the First Amended Complaint,
15 subject to Defendants' right to file a motion directed to challenging the proposed ameinded or
16 supplemental complaint, including but not limited to, a demurrer;
17 WHEREAS, the disposition of the above-mentioned motions are likely to affect the issues
18 relevant to discovery and trial in this matter; and
19 WHEREAS, the parties agree that in the interests of conserving their respective resources
20 as well as this Court's resources, trial in this matter should be continued in order to allow the
21 parties sufficient time to prepare for trial after the disposition of Defendants' pending Motion for
-22 Summary Adjudication and Motion to Compel Discovery Responses, as well as to address the
23 issues in a proposed amended or supplemental complaint which plaintiff Califomia Fire
24 Protection Coalition intends to seek leave to file.
25 III
26 III •
27 ///
28 ///
" 2 . s
Stipulation and [Proposed] Order to Continue Trial Date and Pretrial Deadlines (34-2019-00249221-CU-CR-GDS)
1 NOW, THEREFORE, THE PARTIES REQUEST THAT THE COURT ORDER AS
2 FOLLOWS:
3 1. Trial and the Mandatory Settlement Conference dates in this matter are vacated.
4 Trial shall be continued approximately one year, wdth a Mandatory Settlement Conference
5 approximately 8 weeks before;
6 2. Reset all prefrial deadlines, except those applicable to Defendants' Motion for
7 Summary Adjudication currently set for hearing on October 11, 2022, and Defendants' Motion to
8 Compel Discovery Responses currently set for hearing on October 27, 2022, including all
9 discovery-related, expert-related, trial-related, and motion cut-off deadlines, to be based upon the
10 new trial date.
11
Dated: September , 2022 ,
12 MARGARET ESQUIROZ
13 Counsel for Plaintiff California Fire Protection
Coalition
14
15
16 KASSOUNI LAW
1'7
18 Dated: September , 2022
TIMOTHY V. KASSOUNI
19
Counsel for Plaintiffs Fire Guard Corporation,
20 Bahman Brian Shahangian, and Juan Carlos Del
Toro Trejo^
21
22
ROB BONTA
23 Attomey General of Califomia
RUSSELL B . HILDRETH
24
Supervising Deputy Attomey General
25
26 Dated: September 14, 2022
ANDREA M. KENDRICK
27
Deputy Attomey General
28 Attorneys for Defendants
Stipulation and [Proposed] Order to Continue Trial Date and Pretrial Deadlines (34-2019-00249221-CU-CR-GDS)
1 NOW, THEREFORE, THE PARTIES REQUEST THAT THE COURT ORDER AS
2 FOLLOWS:
3 1. Trial and the Mandatory Settlement Conference dates in this matter are vacated.
4 Trial shall be continued approximately one year, with a Mandatory Settlement Conference
5 approximately 8 weeks before;
6 2. Reset all pretrial deadlines, except those applicable to Defendants' Motion for
7 Summary Adjudication currently set for hearing on October 11, 2022, and Defendants' Motion to
8 Compel Discovery Responses currently set for hearing on October 27, 2022, including all
9 discovery-related, expert-related, trial-related, and motion cut-off deadlines, to be based upon the
10 new trial date.
' 11
Dated: September 5, 2022
12
13 . Counsel for Plaintiff California Fire Protection
Coalition
14
15
16 KASSOUNI LAW
17
18 Dated: September _ , 2022
TIMOTHY V. KASSOUNI
19
Counsel for Plaintiffs Fire Guard Corporation,
-^^20 Bahman Brian Shahangian, and Juan Carlos Del
Toro Trejo.
21
22
ROB BONTA
23 Attomey General of Califomia
RUSSELL B . HILDRETH
24
Supervising Deputy Attomey General
25
26 Dated: September , 2022
ANDREA M. KENDRICK
27
Deputy Attomey General '
28 Attorneys for Defendants
Stipulation and [Proposed] Order to Continue Trial Date and Pretrial Deadlines (34-2019-00249221-CU-CR-GDS)
1 NOW, THEREFORE, THEPARTIES REQUEST THAT THE COURT ORDER AS
FOLLOWS:
1. Trial arid the Mandatory Se^^^ this matter w^^^^
4 Trial shdll be cpntiniied apprpxi^ witii ajMaddatpfy Sett^^^^^^
5 approjuinateiy 8 wee^
6 2; Reset all pretrial dea^^^^^ Motipn fo^^
7. Summary Adjudication currently set for hearing pn October 11,21022, and Elefendants' MptiPn to
8: Compel Discpvery RespPnses currently set for hearing on October 27,2022, including all
9 discpyery-related, expert-related, trial-related, and rnptipn cut-pff deadlines, tp be based uppn the
10 newfrialdate.
ii:
Dated: September ,2022 ,„.., ,.' •„ „ ". .,
12 MARGARET ESQUIROZ
13 Counsel for Plaintiff CaUfornia Fire Protection
Coalition
14
is
-16 KASSOUNI LAW
17
is Dated: September {^, 2022 . .
TiMOTif^. I(ASSOUNI
19 Cotins^for Plaintiffs Fire.Ckiard
20 Bahman Brian Shahangian, and Juan Carlos Del
Toro Trejo.
.21
22.
R.0B BONTA
23 Attorney General pf Califpmia
RUSSELL B. HILDRETH
24 Supervising Deputy Attorney General
25
26 Dated: September ,2022 ;
ANDREA M. KENDRICK
27 Deputy Attpmey General
Attorneys for Defendants
28
3
Stipulatioh and [Proposed] Order to Continue frial Date and Pretrial Deadliiies (34-2019-00249221 -CU-CR-GDS)
1 ORDER
2 GOOD CAUSE APPEARING, the Court orders as follows:
3 1. Trial, currently set for December 5, 2022, is vacated and continued approximately
4 one year to
5 2. The mandatory settlement conference, currently set for October 17, 2022, is
6 vacated and continued approximately one year to
7 3. All pretrial deadlines are continued in accordance with the new trial date, except
8 those applicable to Defendants' Motion for Summary Adjudication currently set for hearing on
9 October 11, 2022, and Defendants' Motion to Compel Discovery Responses currently set for
10 hearing on October 27, 2022, including all discovery-related, expert-related, trial-related, and
11 motion cut-off deadlines, to be based upon the new trial date.
12
13 Dated:
14
15
Hon. Michael G. Bowman
16
17
18
19 SA2019300028
36490834.docx
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28
Stipulation arid [Proposed] Order to Continue Trial Date and Pretrial Deadlines (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.: 34-2019-00249221-CU-CR-GDS
1 declare: -
i am efriployed 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. 1 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 .
944255j Sacramento, CA 94244-2550. 1 am familiar with the business practice at the Office of
the Attorney General for collection and processing of correspondence for ovemight 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 September 16, 2022.1 served the following documents by transmitting a true copy via
electronic mail.
• STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE
AND PRETRIAL DEADLINES . = . v
In addition, I placed a true copy thereof enclosed in a sealed envelope, in the internal mail
systeifi of the Office of the Attomey 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
timothv@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 Califomia and the United States
of America the foregoing is true and correct and that this^declaration was executed on September
16, 2022, at Sacramento, Califomia.
Kristi Dykstra
Declarant
SA2019300028
36560402,docx
Preview
i 1 ROB BONTA \ Attomey General of Califomia j' 2 RUSSELL B . HILDRETH, State Bar No. 166167 Supervising Deputy Attomey General 3 ANDREA M . KENDRICK, State Bar No. 225688 COURTNEY S. COVINGTON, State Bar No. 259723 4 Deputy Attomeys General 13001 Sfreet, Suite 125 5 P.O; Box 944255 Sacramento, CA 94244-2550 6 Telephone: (916)210-7821 Fax: (916)327-2319 7 E-mail: Ajidrea.Kendrick@doj.ca.gov Attorneys for Defendants Exempt from filing fees under 8 Government Code § 6103 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SACRAMENTO 11 12 FIRE GUARD CORPORATION; Case No. 34-2019-00249221-CU-CR-GDS 13 BAHMAN BRIAN SHAHANGIAN, an individual; and CALIFORNIA FIRE STIPULATION AND [PROPOSED] 14 PROTECTION COALITION, a California ORDER TO CONTINUE TRIAL DATE Corporation; and JUAN CARLOS DEL AND PRETRIAL DEADLINES 15 TORO TREJO, an individual,. Date: TBD 16 Plaintiffs, Time: TBD Dept.: 47 17 Judge: Hon. Michael G. Bowman 18 Trial Date: December 5, 2022 CALIFORNIA DEPARTMENT OF Action Filed: January 25, 2019 19 FORESTRY AND FIRE PROTECTION; CALIFORNIA OFFICE OF THE STATE 20 FIRE MARSHAL; MIKE RICHWINE, in his official capacity as State Fire Marshal; 21 JEFFERY SCHWARTZ, in his official capacity as Depiity State Fire Marshal; and 22 DOES 1 through 10, inclusive, 23 Defendants. 24 25 26 27 SEP 1 6 2022 1 14 Stipulation and [Proposed] Order to Continue Trial Date and Pretrial Deadlines (34-2019-00249221-CU-CR-GDS) 1 Plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, Califomia Fire Protection 2 Coalition, and Juan Carlos Del Toro Trejo (Plaintiffs) and Defendants Califomia Department of 3 Forestry and Fire Protection, Califomia Office of the State Fire Marshal, Mike Richwine, and 4 Jeffrey Schwartz (Defendants), stipulate as follows: 5 WHEREAS, trial in the above-captioned matter is currently set for December 5, 2022, and 6 the mandatory settlement conference is currently set for October 17, 2022; ' 7 WHEREAS, a hearing on Defendants' Motion for Summary Adjudication is currently set 8 for October 11,2022; 9 WHEREAS, a hearing on defendant Office of the State Fire Marshal's Motion to Compel 10 Discovery Responses from plaintiffs Fire Guard Corporation, Bahman Brian Shahangian, and 11 Juan Carlos Del Toro Trejo (Defendants' Motion to Compel Discovery Responses) is currently 12 set for October 27, 2022; 13 WHEREAS, Defendants agree they wdll not oppose a motion by plaintiff Califomia Fire 14 Protection Coalition to add a declaratory relief cause of action to the First Amended Complaint, 15 subject to Defendants' right to file a motion directed to challenging the proposed ameinded or 16 supplemental complaint, including but not limited to, a demurrer; 17 WHEREAS, the disposition of the above-mentioned motions are likely to affect the issues 18 relevant to discovery and trial in this matter; and 19 WHEREAS, the parties agree that in the interests of conserving their respective resources 20 as well as this Court's resources, trial in this matter should be continued in order to allow the 21 parties sufficient time to prepare for trial after the disposition of Defendants' pending Motion for -22 Summary Adjudication and Motion to Compel Discovery Responses, as well as to address the 23 issues in a proposed amended or supplemental complaint which plaintiff Califomia Fire 24 Protection Coalition intends to seek leave to file. 25 III 26 III • 27 /// 28 /// " 2 . s Stipulation and [Proposed] Order to Continue Trial Date and Pretrial Deadlines (34-2019-00249221-CU-CR-GDS) 1 NOW, THEREFORE, THE PARTIES REQUEST THAT THE COURT ORDER AS 2 FOLLOWS: 3 1. Trial and the Mandatory Settlement Conference dates in this matter are vacated. 4 Trial shall be continued approximately one year, wdth a Mandatory Settlement Conference 5 approximately 8 weeks before; 6 2. Reset all prefrial deadlines, except those applicable to Defendants' Motion for 7 Summary Adjudication currently set for hearing on October 11, 2022, and Defendants' Motion to 8 Compel Discovery Responses currently set for hearing on October 27, 2022, including all 9 discovery-related, expert-related, trial-related, and motion cut-off deadlines, to be based upon the 10 new trial date. 11 Dated: September , 2022 , 12 MARGARET ESQUIROZ 13 Counsel for Plaintiff California Fire Protection Coalition 14 15 16 KASSOUNI LAW 1'7 18 Dated: September , 2022 TIMOTHY V. KASSOUNI 19 Counsel for Plaintiffs Fire Guard Corporation, 20 Bahman Brian Shahangian, and Juan Carlos Del Toro Trejo^ 21 22 ROB BONTA 23 Attomey General of Califomia RUSSELL B . HILDRETH 24 Supervising Deputy Attomey General 25 26 Dated: September 14, 2022 ANDREA M. KENDRICK 27 Deputy Attomey General 28 Attorneys for Defendants Stipulation and [Proposed] Order to Continue Trial Date and Pretrial Deadlines (34-2019-00249221-CU-CR-GDS) 1 NOW, THEREFORE, THE PARTIES REQUEST THAT THE COURT ORDER AS 2 FOLLOWS: 3 1. Trial and the Mandatory Settlement Conference dates in this matter are vacated. 4 Trial shall be continued approximately one year, with a Mandatory Settlement Conference 5 approximately 8 weeks before; 6 2. Reset all pretrial deadlines, except those applicable to Defendants' Motion for 7 Summary Adjudication currently set for hearing on October 11, 2022, and Defendants' Motion to 8 Compel Discovery Responses currently set for hearing on October 27, 2022, including all 9 discovery-related, expert-related, trial-related, and motion cut-off deadlines, to be based upon the 10 new trial date. ' 11 Dated: September 5, 2022 12 13 . Counsel for Plaintiff California Fire Protection Coalition 14 15 16 KASSOUNI LAW 17 18 Dated: September _ , 2022 TIMOTHY V. KASSOUNI 19 Counsel for Plaintiffs Fire Guard Corporation, -^^20 Bahman Brian Shahangian, and Juan Carlos Del Toro Trejo. 21 22 ROB BONTA 23 Attomey General of Califomia RUSSELL B . HILDRETH 24 Supervising Deputy Attomey General 25 26 Dated: September , 2022 ANDREA M. KENDRICK 27 Deputy Attomey General ' 28 Attorneys for Defendants Stipulation and [Proposed] Order to Continue Trial Date and Pretrial Deadlines (34-2019-00249221-CU-CR-GDS) 1 NOW, THEREFORE, THEPARTIES REQUEST THAT THE COURT ORDER AS FOLLOWS: 1. Trial arid the Mandatory Se^^^ this matter w^^^^ 4 Trial shdll be cpntiniied apprpxi^ witii ajMaddatpfy Sett^^^^^^ 5 approjuinateiy 8 wee^ 6 2; Reset all pretrial dea^^^^^ Motipn fo^^ 7. Summary Adjudication currently set for hearing pn October 11,21022, and Elefendants' MptiPn to 8: Compel Discpvery RespPnses currently set for hearing on October 27,2022, including all 9 discpyery-related, expert-related, trial-related, and rnptipn cut-pff deadlines, tp be based uppn the 10 newfrialdate. ii: Dated: September ,2022 ,„.., ,.' •„ „ ". ., 12 MARGARET ESQUIROZ 13 Counsel for Plaintiff CaUfornia Fire Protection Coalition 14 is -16 KASSOUNI LAW 17 is Dated: September {^, 2022 . . TiMOTif^. I(ASSOUNI 19 Cotins^for Plaintiffs Fire.Ckiard 20 Bahman Brian Shahangian, and Juan Carlos Del Toro Trejo. .21 22. R.0B BONTA 23 Attorney General pf Califpmia RUSSELL B. HILDRETH 24 Supervising Deputy Attorney General 25 26 Dated: September ,2022 ; ANDREA M. KENDRICK 27 Deputy Attpmey General Attorneys for Defendants 28 3 Stipulatioh and [Proposed] Order to Continue frial Date and Pretrial Deadliiies (34-2019-00249221 -CU-CR-GDS) 1 ORDER 2 GOOD CAUSE APPEARING, the Court orders as follows: 3 1. Trial, currently set for December 5, 2022, is vacated and continued approximately 4 one year to 5 2. The mandatory settlement conference, currently set for October 17, 2022, is 6 vacated and continued approximately one year to 7 3. All pretrial deadlines are continued in accordance with the new trial date, except 8 those applicable to Defendants' Motion for Summary Adjudication currently set for hearing on 9 October 11, 2022, and Defendants' Motion to Compel Discovery Responses currently set for 10 hearing on October 27, 2022, including all discovery-related, expert-related, trial-related, and 11 motion cut-off deadlines, to be based upon the new trial date. 12 13 Dated: 14 15 Hon. Michael G. Bowman 16 17 18 19 SA2019300028 36490834.docx 20 21 22 23 24 25 26 27 28 Stipulation arid [Proposed] Order to Continue Trial Date and Pretrial Deadlines (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.: 34-2019-00249221-CU-CR-GDS 1 declare: - i am efriployed 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. 1 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 . 944255j Sacramento, CA 94244-2550. 1 am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for ovemight 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 September 16, 2022.1 served the following documents by transmitting a true copy via electronic mail. • STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL DATE AND PRETRIAL DEADLINES . = . v In addition, I placed a true copy thereof enclosed in a sealed envelope, in the internal mail systeifi of the Office of the Attomey 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 timothv@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 Califomia and the United States of America the foregoing is true and correct and that this^declaration was executed on September 16, 2022, at Sacramento, Califomia. Kristi Dykstra Declarant SA2019300028 36560402,docx