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1 SANTA BARBARA COUNTY COUNSEL ELECTRONICALLY FILED
RACHEL VAN MULLEM, County Counsel Superior Court of California
2 CALLIE KIM, Deputy (Bar No. 257213) County of Santa Barbara
105 East Anapamu Street, Suite 201 Darrel E. Parker, Executive Officer
3 Santa Barbara, California 93101 6/20/2024 1:23 PM
Telephone (805) 568-2950 / Fax (805) 568-2983 By: Narzralli Baksh , Deputy
4 E-mail: ckim@countyofsb.org
5 Attorneys for Defendant
COUNTY OF SANTA BARBARA,
6 BOARD OF SUPERVISORS OF THE
COUNTY OF SANTA BARBARA,
7 LISA PLOWMAN, ROB HAZARD,
TRAVIS SEAWARDS, and
8 DAS WILLIAMS, FIRST DISTRICT SUPERVISOR
9
Exempt from filing fees [Gov. Code, § 6103]
10
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 FOR THE COUNTY OF SANTA BARBARA
13 (ANACAPA DIVISION)
14
15 JANA ZIMMER, an individual and Case No.: 24CV00199
TRUSTEE OF THE SOLOMON-
16 ZIMMER LIVING TRUST, COUNTY OF SANTA BARBARA'S
AMENDED OBJECTION TO
17 Petitioner, PETITIONER’S SUPPLEMENTAL
REQUEST FOR JUDICIAL NOTICE
18 vs.
19 COUNTY OF SANTA BARBARA, Writ filed: January 16, 2024
BOARD OF SUPERVISORS OF
20 THE COUNTY OF SANTA Judge: Hon. Colleen K. Sterne
BARBARA, LISA PLOWMAN, Dept. SB5
21 DIRECTOR OF PLANNING AND Hearing: July 1, 2024
DEVELOPMENT, ROB HAZARD,
22 FIRE MARSHAL, TRAVIS
SEAWARDS, DEPUTY
23 DIRECTOR OF PLANNING AND
DEVELOPMENT, DAS
24 WILLIAMS, FIRST DISTRICT
SUPERVISOR, DOES 1-25, in their
25 official and individual capacities,
26
Respondents.
27
28
SANTA BARBARA
COUNTY COUNSEL
105 E. Anapamu Street, #201 -1-
Santa Barbara, CA 93101
(805) 568-2950
COUNTY’S AMENDED OBJECTION TO SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE
1 Respondents COUNTY OF SANTA BARBARA, BOARD OF SUPERVISORS OF
2 THE COUNTY OF SANTA BARBARA, LISA PLOWMAN, ROB HAZARD, TRAVIS
3 SEAWARDS, and DAS WILLIAMS (“County Defendants”) object to Petitioner Jana
4 Zimmer’s (“Zimmer”) Supplemental Request for Judicial Notice as follows.
5 The County objects to the manner in which Zimmer has made her request. The
6 request comes after briefing on the County’s demurrer has concluded and only two weeks
7 before the hearing on demurrer. Zimmer has already requested the Court take judicial notice
8 of 31 documents totaling over 400 pages. The additional documents she now asks this Court
9 to judicially notice existed at the time she filed her prior request for judicial notice and
10 opposition to the County’s demurrer. This late request is unnecessary and prejudicial to the
11 County.
12 In addition, although styled as a request for judicial notice, the request and
13 accompanying declaration contains extensive legal arguments. The documents are
14 effectively a reply to the County Defendants’ reply in support of their demurrer. A reply to
15 a reply is not authorized by any statute or court rule, and the County requests that this Court,
16 at the very least, disregard the legal arguments contained in the documents filed by Zimmer.
17 Zimmer has already filed a 35-page opposition to the County’s 14-page demurrer. Requests
18 for judicial notice should not be used to circumvent normal court rules and procedures. (See
19 Mangini v. R. J. Reynolds Tobacco Co. (1994) 7 Cal. 4th 1057, 1064–65, overruled on other
20 grounds by In re Tobacco Cases II (2007) 41 Cal. 4th 1257; People v. Webster (1991) 54
21 Cal.3d 411, 428, fn. 4 [judicial notice may not be used to circumvent the prohibition against
22 citing unpublished opinions].)
23 DATED: June 20, 2024 RACHEL VAN MULLEM
SANTA BARBARA COUNTY COUNSEL
24
25 ____________________
26 By: Callie Kim, Deputy County Counsel
Attorneys for Respondents
27
28
SANTA BARBARA
COUNTY COUNSEL
105 E. Anapamu Street, #201 -2-
Santa Barbara, CA 93101
(805) 568-2950
COUNTY’S AMENDED OBJECTION TO SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE
PROOF OF SERVICE
1
STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA
2
I am a citizen of the United States and a resident of the county aforesaid; I am over the age
3 of eighteen years and not a party to the within entitled action; my business address is 105
4 East Anapamu Street, Santa Barbara, California.
5 On June 20, 2024, I served a true copy of the within COUNTY OF SANTA
BARBARA'S AMENDED OBJECTION TO PETITIONER’S SUPPLEMENTAL
6 REQUEST FOR JUDICIAL NOTICE on the Interested Parties in this action by:
7 by mail to the person(s) indicted below. I am familiar with the practice of the Office
8 of Santa Barbara County Counsel for the collection and processing of correspondence for
mailing with the United States Postal Service. In accordance with the ordinary course of
9 business, the above-mentioned document would have been deposited with the United States
Postal Service, after having been deposited and processed for postage with the County of
10
Santa Barbara Central Mail Room.
11
Law Office of Andréa Marcus, APC Richard C. Solomon
12 Andréa Marcus 2640 Las Encinas Lane
13 1482 East Valley Road, Suite 831 Santa Barbara, CA, 93105
Santa Barbara California 93108
14
by e-mail or electronic transmission. I caused the document(s) to be sent from e-mail
15
address aborjas@countyofsb.org to the persons at the e-mail addresses listed in the below. I
16 did not receive, within a reasonable time after the transmission, any electronic message or
other indication that the transmission was unsuccessful..
17
18 Andréa Marcus, andrea@andreamarcuslaw.com, Attorney for Petitioner
Richard C. Solomon, rcsolomon42@gmail.com, Attorney for Petitioner
19
by depositing it in the United States Mail in a sealed envelope with postage thereon
20
fully prepaid to the following to the person(s) indicated below.
21
(State) I declare, under penalty of perjury, that the above is true and correct.
22
23
Executed on June 20, 2024, at Santa Barbara, California.
24
____________________
25
Aaron Borjas
26
27
28
SANTA BARBARA
COUNTY COUNSEL
105 E. Anapamu Street, #201 -3-
Santa Barbara, CA 93101
(805) 568-2950 PROOF OF SERVICE
Preview
1 SANTA BARBARA COUNTY COUNSEL ELECTRONICALLY FILED RACHEL VAN MULLEM, County Counsel Superior Court of California 2 CALLIE KIM, Deputy (Bar No. 257213) County of Santa Barbara 105 East Anapamu Street, Suite 201 Darrel E. Parker, Executive Officer 3 Santa Barbara, California 93101 6/20/2024 1:23 PM Telephone (805) 568-2950 / Fax (805) 568-2983 By: Narzralli Baksh , Deputy 4 E-mail: ckim@countyofsb.org 5 Attorneys for Defendant COUNTY OF SANTA BARBARA, 6 BOARD OF SUPERVISORS OF THE COUNTY OF SANTA BARBARA, 7 LISA PLOWMAN, ROB HAZARD, TRAVIS SEAWARDS, and 8 DAS WILLIAMS, FIRST DISTRICT SUPERVISOR 9 Exempt from filing fees [Gov. Code, § 6103] 10 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 FOR THE COUNTY OF SANTA BARBARA 13 (ANACAPA DIVISION) 14 15 JANA ZIMMER, an individual and Case No.: 24CV00199 TRUSTEE OF THE SOLOMON- 16 ZIMMER LIVING TRUST, COUNTY OF SANTA BARBARA'S AMENDED OBJECTION TO 17 Petitioner, PETITIONER’S SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE 18 vs. 19 COUNTY OF SANTA BARBARA, Writ filed: January 16, 2024 BOARD OF SUPERVISORS OF 20 THE COUNTY OF SANTA Judge: Hon. Colleen K. Sterne BARBARA, LISA PLOWMAN, Dept. SB5 21 DIRECTOR OF PLANNING AND Hearing: July 1, 2024 DEVELOPMENT, ROB HAZARD, 22 FIRE MARSHAL, TRAVIS SEAWARDS, DEPUTY 23 DIRECTOR OF PLANNING AND DEVELOPMENT, DAS 24 WILLIAMS, FIRST DISTRICT SUPERVISOR, DOES 1-25, in their 25 official and individual capacities, 26 Respondents. 27 28 SANTA BARBARA COUNTY COUNSEL 105 E. Anapamu Street, #201 -1- Santa Barbara, CA 93101 (805) 568-2950 COUNTY’S AMENDED OBJECTION TO SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE 1 Respondents COUNTY OF SANTA BARBARA, BOARD OF SUPERVISORS OF 2 THE COUNTY OF SANTA BARBARA, LISA PLOWMAN, ROB HAZARD, TRAVIS 3 SEAWARDS, and DAS WILLIAMS (“County Defendants”) object to Petitioner Jana 4 Zimmer’s (“Zimmer”) Supplemental Request for Judicial Notice as follows. 5 The County objects to the manner in which Zimmer has made her request. The 6 request comes after briefing on the County’s demurrer has concluded and only two weeks 7 before the hearing on demurrer. Zimmer has already requested the Court take judicial notice 8 of 31 documents totaling over 400 pages. The additional documents she now asks this Court 9 to judicially notice existed at the time she filed her prior request for judicial notice and 10 opposition to the County’s demurrer. This late request is unnecessary and prejudicial to the 11 County. 12 In addition, although styled as a request for judicial notice, the request and 13 accompanying declaration contains extensive legal arguments. The documents are 14 effectively a reply to the County Defendants’ reply in support of their demurrer. A reply to 15 a reply is not authorized by any statute or court rule, and the County requests that this Court, 16 at the very least, disregard the legal arguments contained in the documents filed by Zimmer. 17 Zimmer has already filed a 35-page opposition to the County’s 14-page demurrer. Requests 18 for judicial notice should not be used to circumvent normal court rules and procedures. (See 19 Mangini v. R. J. Reynolds Tobacco Co. (1994) 7 Cal. 4th 1057, 1064–65, overruled on other 20 grounds by In re Tobacco Cases II (2007) 41 Cal. 4th 1257; People v. Webster (1991) 54 21 Cal.3d 411, 428, fn. 4 [judicial notice may not be used to circumvent the prohibition against 22 citing unpublished opinions].) 23 DATED: June 20, 2024 RACHEL VAN MULLEM SANTA BARBARA COUNTY COUNSEL 24 25 ____________________ 26 By: Callie Kim, Deputy County Counsel Attorneys for Respondents 27 28 SANTA BARBARA COUNTY COUNSEL 105 E. Anapamu Street, #201 -2- Santa Barbara, CA 93101 (805) 568-2950 COUNTY’S AMENDED OBJECTION TO SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE PROOF OF SERVICE 1 STATE OF CALIFORNIA, COUNTY OF SANTA BARBARA 2 I am a citizen of the United States and a resident of the county aforesaid; I am over the age 3 of eighteen years and not a party to the within entitled action; my business address is 105 4 East Anapamu Street, Santa Barbara, California. 5 On June 20, 2024, I served a true copy of the within COUNTY OF SANTA BARBARA'S AMENDED OBJECTION TO PETITIONER’S SUPPLEMENTAL 6 REQUEST FOR JUDICIAL NOTICE on the Interested Parties in this action by: 7 by mail to the person(s) indicted below. I am familiar with the practice of the Office 8 of Santa Barbara County Counsel for the collection and processing of correspondence for mailing with the United States Postal Service. In accordance with the ordinary course of 9 business, the above-mentioned document would have been deposited with the United States Postal Service, after having been deposited and processed for postage with the County of 10 Santa Barbara Central Mail Room. 11 Law Office of Andréa Marcus, APC Richard C. Solomon 12 Andréa Marcus 2640 Las Encinas Lane 13 1482 East Valley Road, Suite 831 Santa Barbara, CA, 93105 Santa Barbara California 93108 14 by e-mail or electronic transmission. I caused the document(s) to be sent from e-mail 15 address aborjas@countyofsb.org to the persons at the e-mail addresses listed in the below. I 16 did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful.. 17 18 Andréa Marcus, andrea@andreamarcuslaw.com, Attorney for Petitioner Richard C. Solomon, rcsolomon42@gmail.com, Attorney for Petitioner 19 by depositing it in the United States Mail in a sealed envelope with postage thereon 20 fully prepaid to the following to the person(s) indicated below. 21 (State) I declare, under penalty of perjury, that the above is true and correct. 22 23 Executed on June 20, 2024, at Santa Barbara, California. 24 ____________________ 25 Aaron Borjas 26 27 28 SANTA BARBARA COUNTY COUNSEL 105 E. Anapamu Street, #201 -3- Santa Barbara, CA 93101 (805) 568-2950 PROOF OF SERVICE