Motion,Ex Parte: Fire Guard Corporation vs. California Department of Forestry ...

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                                DocuSign Envelope ID; F2D9BEC4-A554-44C5-B299-5CFC745F4DDF




              1    ROB BONTA
                   Attomey General of Califomia •
              2    RUSSELL B . HILDRETH, State Bar No. 166167
                   Supervising Deputy Attomey General
              3    ANDREA M . KENDRICK, State Bar No. 225688                       FILED/ENDORSED
                   COURTNEY S. COVINGTON, State Bar No. 259723
              4    Deputy Attomeys General
                     1300 I Street, Suite 125                                             JUL 2 5 2022
              5     P.O. Box 944255                                                        H.PFMFIJQiy
                    Sacramento, CA 94244-2550                                      By:
                                                                                            ueputy Clem
              6     Telephone: (916)210-7821
                    Fax: (916)327-2319
              7     E-mail: Ajndrea.Kendrick@doj.ca.gov
                   Attorneys for Defendants
              8                                                                    Exempt from filing fees under
                                                                                   Government Code § 6103
              9
                                         SUPERIOR COURT OF THE STATE OF CALIFORNIA
             10
                                                        COUNTY OF SACRAMENTO
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             13    FIRE GUARD CORPORATION;                                     Case No. 34-2019-00249221-CU-CR-GDS
                   BAHMAN BRIAN SHAHANGIAN, an
            14     individual; and CALIFORNIA FIRE                             DECLARATION OF DIANE K. AREND
                   PROTECTION COALITION, a California                          IN SUPPORT OF DEFENDANTS'
            15     Corporation; and JUAN CARLOS DEL                            MOTION FOR SUMMARY
                   TORO TREJO, an individual,                                  ADJUDICATION
             16
                                                        Plaintiffs, ReservafionNo.: 2649022
             17                                                     Date: October 11,2022
                                                                    Time: 1:30 p.m.
             18                                                     Dept: 53
                                                                    Trial Date: December 5, 2022
            19     CALIFORNIA DEPARTMENT OF
                   FORESTRY AND FIRE PROTECTION;
            20     CALIFORNIA OFFICE OF THE STATE
                   FIRE MARSHAL; MIKE RICHWINE, in
            21     his official capacity as State Fire Marshal;
                   JEFFERY SCHWARTZ, in his official
            22     capacity as Deputy State Fire Marshal; and
                   DOES 1 through 10, inclusive.
            23
                                                             Defendants.
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                              Declaration of Diane K. Arend ISO Defendants' Motion for Summary Adjudication (34-2019-00249221)
DocuSign Envelope ID: F2D9BEC4-A554-44C5-B299-5CFC745F4DDF




              1            I, Diane K. Arend, declare as follows:

              2             1.      1 am currently employed by the Office of the State Fire Marshal (OSFM) in the
              3    position of Deputy State Fire Marshal III Specialist, Retired Annuitant, in the Code Development
              4    and Analysis Division, Title 19 Development Unit.
              5             2.      I was personally involved in the rulemaking proceedings leading to the OSFM's
              6    adoption in 2017, of the Califomia Code of Regulafions, Title 19, Division 1, Chapter 5.5,
              7    Automatic Fire Extinguishing Systems Certification, sections 920 through 948 (hereafter referred
              8    to as the "Regulations") and I am personally familiar with the following documents.
              9             3.      Attached as Exhibit A to Exhibits in Support of Defendants' Mofion for Summary
             10    Adjudication is a tme and correct copy of the Initial Statement of Reasons from the mlemaking
            11     file relating to the Regulafions, bates-numbered AFESC-RF 0056 through AFESC-RF 0075.
            12              4.      Attached as Exhibit B to Exhibits in Support of Defendants' Motion for Summary
            13     Adjudication is a tme and correct copy of the Amended Initial Statement of Reasons from the
            14     mlemaking file relafing to the Regulations, bates-numbered AFESC-RF 1252 through AFESC-
            15     RF 1306.
            16              5.      Attached as Exhibit C to Exhibits in Support of Defendants' Motion for Summary
            17     Adjudication is a tme and correct copy of the Addendum to the Final Statement of Reasons and
            18     the Final Statement of Reasons from the mlemaking file relating to the Regulations, bates-
            19     numbered AFESC-RF 1454 through AFESC-RF 1524.
            20              6.     Attached as Exhibit D to Exhibits in Support of Defendants' Motion for Summary
            21     Adjudication is a tme and correct copy of the Notice Publication/Regulations Submission
            22     received by the Office of Administrative Law, with the Notice of Proposed Action and Notice of
            23     Hearing (45 Day Public Comment Period), bates-numbered AFESC-RF 0046 through AFESC-RF
            24     0054.
            25              7.     Attached as Exhibit E to Exhibits in Support of Defendants' Motion for Summary
            26     Adjudication is a tme and correct copy of a Notice of Withdrawal from the Office of
            27     Administrative Law, bates-numbered AFESC-RF00003, which was attached to the Withdrawn
            28     Rulemaking File.


                                 Declaration of Diane K. Arend ISO Diefendants' Motion for Summary Adjudication (34-2019-00249221)
DocuSign Envelope ID: F2D9BEC4-A554-44C5-B299-5CFG745F4DDF




              1             8.   Attached as Exhibit F to Exhibits in Support of Defendants' Motion for Summary

              2    Adjudication is a tme and correct copy of the Notice Publication/Regulations Resubmittal

              3    received by the Office of Administrative Law and stamped Endorsed - Filed in the Office of the

              4     Secretary of State, bates-numbered AFESC-RF 1133 through AFESC-RF 1158.
              5           I declare under penalty of perjury under the laws of the State of Califomia that the
              6    foregoing is tme and correct.
              7           Executed July 22, 2022 at New Canaan, Connecticut.
              8                                                               -DocuSigned by:


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                                                                                                K;. AREND
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                   SA2019300028
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                             Declaration of Diane K. Arend ISO Defendants' Motion for Summary Adjudication -(34-2019-00249221)