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  • Concerned Citizens for Community & Public Lands vs. County of PlacerCivil-Roseville document preview
  • Concerned Citizens for Community & Public Lands vs. County of PlacerCivil-Roseville document preview
  • Concerned Citizens for Community & Public Lands vs. County of PlacerCivil-Roseville document preview
  • Concerned Citizens for Community & Public Lands vs. County of PlacerCivil-Roseville document preview
  • Concerned Citizens for Community & Public Lands vs. County of PlacerCivil-Roseville document preview
  • Concerned Citizens for Community & Public Lands vs. County of PlacerCivil-Roseville document preview
  • Concerned Citizens for Community & Public Lands vs. County of PlacerCivil-Roseville document preview
  • Concerned Citizens for Community & Public Lands vs. County of PlacerCivil-Roseville document preview
						
                                

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ELECTRONICALLY FILED superior Court of California, OFFICE OF THE PLACER COUNTY COUNSEL County of Placer Clayton T. Cook (SBN 260891) 06/26/2020 NH Eric C. Brumfield (SBN 306642) dy: Manna Olivarez Fuentes, Deputy Clert 175 Fulweiler Avenue Auburn, California 95603 WD Telephone: (530) 889-4044 Facsimile: (530) 889-4069 Be Email: ccook@placer.ca.gov ebrumfield@placer.ca.gov OO Attorney for Respondent COUNTY OF PLACER DN NN Oo SUPERIOR COURT OF THE STATE OF CALIFORNIA So IN AND FOR THE COUNTY OF PLACER ]C] CONCERNED CITIZENS FOR Case No. SCV0043035 KF COMMUNITY AND PUBLIC LANDS, RESPONDENT COUNTY OF PLACER’S HBO Petitioner, ANSWER TO VERIFIED PETITION a FOR WRIT OF MANDATE WW v. a (CEQA; Surplus Land Act) BR COUNTY OF PLACER, WNW eae Respondent. DB DOES 1 to 10, Complaint filed: May 22, 2019 Trial Date: October 16, 2020 I Real Parties in Interest. DO Ri DO Respondent COUNTY OF PLACER (hereinafter “County”) hereby answers the causes of action in the Verified Petition for Writ of Mandate (“Petition”) filed by Petitioner CONCERNED Fe RD CITIZENS FOR COMMUNITY AND PUBLIC LANDS (“Petitioner”) on May 22, 2019 as follows: NH NRO INTRODUCTION DY Ww 1. Answering the first sentence of Paragraph 1, the County admits each and every FF NY allegation therein. Answering the second sentence of Paragraph 1, the County contends that the HA NY allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, DB NH rather than statements of fact and, therefore, do not require a response. To the extent a further response ANA NHN is required, the County denies each and every allegation therein. mH NH 1 ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE 2. Answering Paragraph 2, the County contends that the allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than statements of fact and, therefore, do not require a response. To the extent a further response is required, the County Ww denies each and every allegation therein. aS 3. Answering Paragraph 3, the County contends that the allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than statements of fact NN and, therefore, do not require a response. To the extent a further response is required, the County NN denies each and every allegation therein. ao 4. Answering Paragraph 4, the County contends that the allegations and assumptions \O 10 set forth therein contain argument, speculation, and conclusions of law, rather than statements of 1] fact and, therefore, do not require a response. To the extent a further response is required, the 12 County denies each and every allegation therein. 13 5. Answering the firstsentence of Paragraph 5, the County contends that the California 14 Environmental Quality Act (“CEQA”) speaks for itself and isthe best record of itscontents. To the 15 extent a further response isrequired, the County denies each and every allegation therein. The County 16 also affirmatively asserts, on information and belief, that it fully complied with CEQA in approving 17 the Project. Answering the remainder of Paragraph 5, the County contends that the allegations and 18 assumptions set forth therein contain argument, speculation, and conclusions of law, rather than 19 statements of fact and, therefore, do not require a response. To the extent a further response is 20 required, the County denies each and every allegation therein. 21 6. Answering Paragraph 6, the County contends that the allegations and assumptions 22 set forth therein contain argument, speculation, and conclusions of law, rather than statements of 23 fact and, therefore, do not require a response. To the extent a further response isrequired, the 24 County denies each and every allegation therein. 25 7. Answering Paragraph 7, the County contends that the allegations and assumptions 26 set forth therein contain argument, speculation, and conclusions of law, rather than statements of 27 fact and, therefore, do not require a response. To the extent a further response is required, the 28 County denies each and every allegation therein. 2 ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE 8. Answering Paragraph 8, the County contends that the allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than statements of fact and, therefore, do not require a response. To the extent a further response isrequired, the County denies each and every allegation therein. aaN JURISDICTION WN 9, Answering Paragraph 9, the County contends that the Code of Civil Procedure, and HN particularly sections 1085 and 1094.5; and the Public Resources Code, and particularly sections SI 21168 and 21168.5, speak for themselves and are the best record of their contents. The County further contends that the allegations and assumptions therein contain argument, speculation, and 10 conclusions of law, rather than statements of fact and, therefore, do not require a response. To the 11 extent a further response is required, the County denies each and every allegation therein. 12 PARTIES 13 10. Answering Paragraph 10, the County contends that it lacks information and belief 14 sufficient to enable itto answer, and on that basis denies each and every allegation therein. 15 11. | Answering Paragraph 11, the County admits each and every allegation therein. 16 12. Answering Paragraph 12, the County lacks information and belief sufficient to answer, 17 and on that basis denies each and every allegation therein. 18 STATEMENT OF FACTS 19 Project Site 20 13. Answering Paragraph 13, the County admits each and every allegation therein. 21 14. Answering Paragraph 14, the County admits each and every allegation therein. 22 15. Answering Paragraph 15, the County admits each and every allegation therein. 23 History of DeWitt Center and Planning Background 24 16. Answering Paragraph 16, the County contends that the allegations regarding 25 “permanently designed buildings” are too vague and ambiguous to enable it to answer, and on that 26 basis denies the allegations therein. As to the remainder of the paragraph, the County, on 27 information and belief, admits each and every allegation therein 28 17. Answering Paragraph 17, the County admits each and every allegation therein. 3 ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE 18. | Answering the firstsentence of Paragraph 18, the County admits that the State of California acquired DeWitt General Hospital, and began using the site as a California state mental hospital, but denies the remaining allegations in the sentence. Answering the second sentence of Paragraph 18, the County admits each and every allegation therein. 19. Answering the first sentence of Paragraph 19, the County admits that itrented buildings at the project site for various different purposes, including businesses, churches, schools, “aD non profits and residential uses, but the remaining allegations in the sentence contain argument, speculation, and conclusions of law, rather than statements of fact and, therefore, do not require a Co response. To the extent a further response is required, the County denies each and every allegation 10 therein. Answering the second sentence of Paragraph 19, the County contends that the allegations I] and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than 12 statements of fact and, therefore, do not require a response. To the extent a further response is 13 required, the County denies each and every allegation therein. 14 20. Answering Paragraph 20, the County admits that demolition and construction has 15 occurred on the project siteover the last 30 years, including construction of the Finance and 16 Administration Building in the late 1980s and the Auburn Main Jail and the Juvenile Detention 17 Center in the early and mid-1990s. Answering the remaining allegations in Paragraph 20, the 18 County contends that the allegations and assumptions set forth therein contain argument, 19 speculation, and conclusions of law, rather than statements of fact and, therefore, do not require a 20 response. To the extent a further response is required, the County denies each and every allegation 21 therein. 22 21. Answering Paragraph 21, the County contends that the 1993 Placer County 23 Comprehensive Facilities Master Plan speaks for itselfand is the best record of itscontents. To the 24 extent a further response is required, the County admits each and every allegation therein. 25 22. Answering the first sentence of Paragraph 22, the County admits each and every 26 allegation therein. Answering the remaining sentences of Paragraph 22, the County contends that 27 the 2003 EIR and the County’s approval speaks for itself and are the best record of its contents. To 28 the extent a further response is required, the County denies each and every allegation therein. 4 ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE 23. Answering the first sentence of Paragraph 23, the County admits that each and every allegation therein. Answering the second sentence of Paragraph 23, the County contends that the allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than statements of fact and, therefore, do not require a response. To the extent a further = response is required, the County denies each and every allegation therein. NN 24. Answering Paragraph 24, the County contends that the allegations are too vague as DH to time to enable itto answer, and on that basis denies the allegations therein. Sa 25. | Answering the firstsentence of Paragraph 25, the County contends that the allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than 10 statements of fact and, therefore, do not require a response. To the extent a further response is 1] required, the County denies each and every allegation therein. Answering sentences two and three of 12 Paragraph 25, the County contends that itlacks information and belief sufficient to enable itto answer, 13 and on that basis denies each and every allegation therein. Answering the final two sentences of 14 Paragraph 25, the County contends that the allegations and assumptions set forth therein contain 15 argument, speculation, and conclusions of law, rather than statements of fact and, therefore, do not 16 require a response. To the extent a further response is required, the County denies each and every 17 allegation therein. 18 26. Answering Paragraph 26, the County contends that the allegations and assumptions 19 set forth therein are too vague as to time, and contain argument, speculation, and conclusions of 20 law, rather than statements of fact and, therefore, do not require a response. To the extent a further 21 response is required, the County denies each and every allegation therein. 22 27. Answering Paragraph 27, the County contends that the allegations and assumptions 23 set forth therein contain argument, speculation, and conclusions of law, rather than statements of 24 fact and, therefore, do not require a response. To the extent a further response is required, the 25 County denies each and every allegation therein. 26 28. Answering Paragraph 28, the County contends that the March 22 and July 25, 2011 27 Board of Supervisor meeting minutes speak for themselves and are the best record of their contents. 28 To the extent a further response is required, the County denies each and every allegation therein. 5 ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE 29. Answering Paragraph 29, the County contends that the allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than statements of fact and, therefore, do not require a response. To the extent a further response is required, the County denies each and every allegation therein. 30. Answering Paragraph 30, the County contends that the allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than statements of fact and, therefore, do not require a response. To the extent a further response isrequired, the County denies each and every allegation therein. 31. Answering Paragraph 31, the County contends that the allegations and assumptions 10 set forth therein contain argument, speculation, and conclusions of law, rather than statements of 1] fact and, therefore. do not require a response. To the extent a further response is required, the 12 County denies each and every allegation therein. 13 32. | Answering the firstsentence of Paragraph 32, the County admits that the public 14 commented on the Board action involving Costco in March of 2014, but denies the remaining 15 allegations. Answering the remainder of Paragraph 32, the County lacks information and belief 16 sufficient to answer, and on that basis denies each and every allegation therein. 17 33. Answering the first sentence of Paragraph 33, the County admits it hired an 18 architectural firm to evaluate the DeWitt Theater. Answering the remainder of the first sentence of 19 Paragraph 33 and the remaining sentences of Paragraph 33, the County contends that the allegations 20 and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than 21 statements of fact and, therefore, do not require a response. To the extent a further response 1S 22 required, the County denies each and every allegation therein. 23 34. Answering the first sentence of Paragraph 34, the County admits that itexecuted an 24 option to enter into a ground lease with Costco, and that later Costco withdrew the option. 25 Answering the remaining sentences of Paragraph 34, the County contends that the allegations and 26 assumptions set forth therein contain argument, speculation, and conclusions of law, rather than 27 statements of fact and, therefore, do not require a response. To the extent a further response is 28 required, the County denies each and every allegation therein. 6 ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE 35. Answering the first sentence of Paragraph 35, the County denies the allegations. Answering the second sentence of Paragraph 35, the County contends that the allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than statements of fact and, therefore, do not require a response. To the extent a further response is required, the County denies each and every allegation therein. 36. Answering the first two sentences of Paragraph 36, the County contends that the allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than statements of fact and, therefore, do not require a response. To the extent a further response is required, the County denies each and every allegation therein. Answering the third and 10 fourth sentences of Paragraph 36, the County contends that itlacks information and belief sufficient 1] to enable itto answer, and on that basis denies each and every allegation therein. 12 37. | Answering Paragraph 37, the County contends that the allegations and assumptions 13 set forth therein contain argument, speculation, and conclusions of law, rather than statements of 14 fact and, therefore, do not require a response. To the extent a further response is required, the 15 County denies each and every allegation therein. 16 38. | Answering Paragraph 38, the County contends that the letter submitted to the County 17 by the State Office of Historic Preservation speaks for itself and isthe best record of itscontents. The 18 County further contends that the allegations and assumptions therein contain argument, speculation, 19 and conclusions of law, rather than statements of fact, and therefore, do not require a response. To 20 the extent a further response is required, the County denies each and every allegation therein. 21 39. Answering Paragraph 39, the County contends that the allegations and assumptions 22 set forth therein contain argument, speculation, and conclusions of law, rather than statements of 23 fact and, therefore, do not require a response. To the extent a further response is required, the 24 County denies each and every allegation therein. 25 40. | Answering Paragraph 40, the County contends that the allegations and assumptions 26 set forth therein contain argument, speculation, and conclusions of law, rather than statements of 27 fact and, therefore, do not require a response. To the extent a further response is required, the 28 County denies each and every allegation therein. 7 ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE 41. Answering Paragraph 41, the County admits each and every allegation therein. Project Description 42. Answering Paragraph 42, the County admits each and every allegation therein. 43. Answering Paragraph 43, the County admits each and every allegation therein. 44. Answering Paragraph 44, the County admits each and every allegation therein. 45. Answering Paragraph 45, the County admits each and every allegation therein. D 46. | Answering Paragraph 46, the County admits that the PCGC Master Plan Update VN results in demolition of 35 of the contributing features to the Dewitt General Hospital Historic CO District, and that 15 contributing structures would be retained, including buildings 114-118, 301- oO 10 305, 418-420, 423 and 430. Answering the remaining allegations, the County contends that the 1] allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, 12 rather than statements of fact and, therefore, do not require a response. To the extent a further 13 response is required, the County denies each and every allegation therein. 14 47. Answering the first section of Paragraph 47 regarding when demolitions may occur, 15 the County denies the allegations. Answering the second section of Paragraph, the County denies 16 the allegations. 17 Approval of the Project 18 48. Answering Paragraph 48, the County admits each and every allegation therein. 19 49. Answering the first and second sentences of Paragraph 49, the County admits each and 20 every allegation therein. Answering the last sentence of Paragraph 49, the County contends that the 21 public comments are in the record, speak for themselves, and are the best evidence of their contents. 22 The County further contends that the allegations and assumptions therein contain argument, 23 speculation, and conclusions of law, rather than statements of fact, and therefore, do not require a 24 response. To the extent a further response is required, the County denies each and every allegation 25 therein. 26 50. Answering the first sentence of Paragraph 50, the County admits each and every 27 allegation therein. Answering the remainder of Paragraph 50, the County contends that the 28 allegations and assumptions therein contain argument, speculation, and conclusions of law, rather 8 ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE than statements of fact, and therefore, do not require a response. To the extent a further response is required, the County denies each and every allegation therein. S51. Answering Paragraph 51, the County contends that the allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than statements of fact and, therefore, do not require a response. To the extent a further response is required, the County denies each and every allegation therein. BW 52. Answering Paragraph 52, the Count contends that the letter submitted to the Board of ss Supervisors by the Auburn Recreation District speaks for itselfand isthe best record of its contents. CO The County further contends that the allegations and assumptions therein contain argument, Oo 10 speculation, and conclusions of law, rather than statements of fact, and therefore, do not require a 1] response. To the extent a further response is required, the County denies each and every allegation 12 therein. 13 53. Answering Paragraph 53, the County admits that it placed earthen fillmaterial into 14 the pool in June of 2016, and that in June of 2016, Kay Fegette contacted the County to inquire 15 about when the decision was made to place fillmaterial in the pool, and was told by the County that 16 the material was placed in the pool to minimize the public hazard until the future of the pool could 17 be determined. Answering the remaining allegations in Paragraph 53, the County contends that the 18 allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, 19 rather than statements of fact and, therefore, do not require a response. To the extent a further 20 response is required, the County denies each and every allegation therein. 21 54. Answering Paragraph 54, the County admits each and every allegation therein. 22 55. Answering the firstand third sentence of Paragraph 55, the County admits each and 23 every allegation therein. Answering the second sentence of Paragraph 55, the County contends that 24 the public comments are in the record, speak for themselves, and are the best evidence of their 25 contents. To the extent a further response is required, the County admits that the DEIR was circulated 26 and that agencies, organizations, and individuals submitted comments on the DEIR. 27 56. Answering Paragraph 56, the County contends that the draft EIR isin the record, 28 speaks for itself, and isthe best evidence of its contents. The County further contends that the 9 ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE allegations and assumptions therein contain argument, speculation, and conclusions of law, rather than statements of fact, and therefore, do not require a response. To the extent a further response is required, the County denies each and every allegation therein. 57. Answering Paragraph 57, the County contends that the allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than statements of fact and, therefore, do not require a response. To the extent a further response isrequired, the BD County denies each and every allegation therein. NN 58. Answering Paragraph 58, the County contends that the allegations and assumptions CAO set forth therein contain argument, speculation, and conclusions of law, rather than statements of oO 10 fact and, therefore, do not require a response. To the extent a further response is required, the 11 County denies each and every allegation therein. 12 59. Answering the first sentence of Paragraph 59, the County admits the Planning 13 Commission held a public hearing on December 13, 2018 to receive comments. Answering the 14 remainder of Paragraph 59, the County contends that the allegations and assumptions set forth 15 therein contain argument, speculation, and conclusions of law, rather than statements of fact and, 16 therefore, do not require a response. To the extent a further response is required, the County denies 17 each and every allegation therein. 18 60. Answering Paragraph 60, the County admits each and every allegation therein. 19 61. Answering Paragraph 61, the County contends the Request for Qualifications speaks 20 for itself and is the best record of itscontents. The County further contends that the allegations and 21 assumptions therein contain argument, speculation, and conclusions of law, rather than statements 22 of fact, and therefore, do not require a response. To the extent a further response is required, the 23 County denies each and every allegation therein. 24 62. Answering Paragraph 62, the County contends that the allegations and assumptions 25 set forth therein contain argument, speculation, and conclusions of law, rather than statements of 26 fact and, therefore, do not require a response. To the extent a further response is required, the 27 County denies each and every allegation therein. 28 /[/I 10 ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE 63. Answering the first and third sentences of Paragraph 63, the County admits the allegations. Answering the second sentence of Paragraph 63, the County contends that the public ho comments speak for themselves and are the best records of their contents. ow 64. Answering Paragraph 64, the County lacks information and belief sufficient to KR answer, and on that basis denies each and every allegation therein. GN 65. Answering Paragraph 65, the County admits each and every allegation therein. DW 66. Answering Paragraph 66, the County lacks information and belief sufficient to NN answer, and on that basis denies each and every allegation therein. CO 67. Answering Paragraph 67, the County admits each and every allegation therein. oOo 10 68. Answering Paragraph 68, the County contends that the transcript of the Board 1] hearing on April 23, 2019 speaks for itself,and is the best record of itscontents. 12 69. Answering Paragraph 69, the County contends that the transcript of the Board 13 hearing on April 23, 2019 speaks for itself,and is the best record of itscontents. 14 70. Answering the first sentence of Paragraph 70, the County contends that the transcript 15 of the Board hearing on April 23, 2019 speaks for itself,and is the best record of itscontents. 16 Answering the remainder of Paragraph 70, the County contends that the allegations and 17 assumptions set forth therein contain argument, speculation, and conclusions of law, rather than 18 statements of fact and, therefore, do not require a response. To the extent a further response is 19 required, the County denies each and every allegation therein. 20 71. Answering Paragraph 71, the County contends that the transcript of the Board 21 hearing on April 23, 2019 speaks for itself and isthe best record of its contents. 22 72. Answering Paragraph 72, the County admits each and every allegation therein. 23 73. Answering Paragraph 73, the County contends that the transcript of the Board 24 hearing on April 23, 2019 speaks for itself,and isthe best record of its contents. 25 74, Answering Paragraph 74, the County contends the Placer County newsletter speaks 26 for itself and is the best record of its contents. The County further contends that the allegations and 27 assumptions therein contain argument, speculation, and conclusions of law, rather than statements of 28 1] ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE fact, and therefore, do not require a response. To the extent a further response is required, the County denies each and every allegation therein. 75. Answering Paragraph 75, the County contends that the allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than statements of fact and, therefore, do not require a response. To the extent a further response isrequired, the County denies each and every allegation therein. 76. Answering Paragraph 76, the County admits each and every allegation therein. EXHAUSTION OF ADMINISTRATIVE REMEDIES AND INADEQUATE REMEDIES AT LAW 77. Answering Paragraph 77, the County lacks information and belief sufficient to answer, 10 and on that basis denies each and every allegation therein. I] 78. Answering Paragraph 78, the County denies each and every allegation therein. 12 79. Answering Paragraph 79, the County lacks information and belief sufficient to answer, 13 and on that basis denies each and every allegation therein. 14 80. Answering Paragraph 80, the County, on information and belief, admits that itreceived 15 a written notice of intent to commence the action. To the extent a further response is required, the 16 County lacks information and belief sufficient to answer, and on that basis denies each and every 17 allegation therein. 18 81. Answering Paragraph $1, the County admits that Petitioner elected to prepare the 19 administrative record. 20 21 FIRST CAUSE OF ACTION (ALLEGED VIOLATION OF CEQA) 22 82. | The County incorporates all previous paragraphs as if fully set forth herein. 23 [Alleged] Improper Rejection of Feasible Alternatives and Mitigation Measures 24 83. Answering Paragraph 83, the County contends that CEQA speaks for itself and is the 25 best record of itspurpose. To the extent a further response is required, the County contends that the 26 allegations therein contain misstatements of the law, and on that basis denies each and every 27 allegation therein. 28 [1 12 ANSWER TO VERIFIED PETITION FOR WRIT OF MANDATE 84. Answering Paragraph 84, the County contends that CEQA speaks for itself and isthe best record of its purpose. To the extent a further response isrequired, the County contends that the allegations therein contain misstatements of the law, and on that basis denies each and every allegation therein. 85. Answering Paragraph 85, the County contends that the allegations and assumptions set forth therein contain argument, speculation, and conclusions of law, rather than statements of fact and, therefore, do not require a response. To the extent a further response is required, the County denies each and every allegation therein. 86. Answering Paragraph 86, the County contends that the EIR for the project speaks for 10 itself and is the best record of its contents. The County also affirmatively asserts, on information 11 and belief, that itfully complied with CEQA and the CEQA Guidelines in approving the Project. 12 87. Answering Paragraph 87, the County contends that the allegations and assumptions 13 set forth therein contain argument, speculation, and conclusions of law, rather than statements of 14 fact and, therefore, do not require a response. To the extent a further response is required, the 15 County denies each and every allegation therein. 16 88. Answering Paragraph 88, the County contends that the allegations and assumptions 17 set forth therein contain argument, speculation, and conclusions of law, rather than statements of 18 fact and, therefore, do not require a response. To the extent a further response is required, the 19 County denies each and every allegation therein. 20 89. Answering Paragraph 89, the County contends that the allegations and assumptions 21 set forth therein contain argument, speculation, and conclusions of law, rather than statements of 22 fact and, therefore, do not require a response. To the extent a further response is required, the 23 County denies each and every allegation therein. 24 90. Answering Paragraph 90, the County co