Preview
CHATTEN-BROWN, CARSTENS & MINTEER, LLP
Douglas P. Carstens, SBN 193439, dpc@cbcearthlaw.com
Michelle Black, SBN 261962, mnb@cbcearthlaw.com
Sunjana Supekar, SBN 328663, sss@cbcearthlaw.com
2200 Pacific Coast Hwy, Suite 318
RECEIVED
Hermosa Beach, CA 90254
2/16/2021 8:00 AM
310.798.2400; Fax 310.798.2402
FRESNO COUNTY SUPERIOR COURT
By: |. Herrera, Deputy
Attorneys for Petitioners
Sierra Club, Revive the San Joaquin and League of Women Voters of Fresno
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF FRESNO
10 SIERRA CLUB, REVIVE THE SAN JOAQUIN ) CASE NO.: 11CECG00706;
11
and LEAGUE OF WOMEN VOTERS OF )
FRESNO Consolidated with Case Nos. 11CECG00709 and
12 11CECG00726
Petitioners,
13 Vv.
[PROPOSED] JUDGMENT GRANTING
14
COUNTY OF FRESNO; FRESNO COUNTY PETITION FOR WRIT OF MANDATE
15 BOARD OF SUPERVISORS
Respondents, Judge: Hon. Kristi Culver Kapetan
16 Department: 403
FRIANT RANCH L-P., Petition Filed: March 7, 2011
17
Real Party In Interest
18
19
20
21
22
23
24
25
26
27
28
CASE NO. 11CECG00704
[PROPOSED] JUDGMENT]
Petitioners Sierra Club, Revive the San Joaquin, and League of Women Voters of Fresno filed
the above captioned matter, a Petition for Peremptory Writ of Mandate and Complaint for Declaratory
and Injunctive Relief (“Petition”), against Respondents County of Fresno and Fresno County Board of
Supervisors (“County”) and Real Party in Interest Friant Ranch L.P on March 7, 2011. The matter came
on regularly for hearing on September 21, 2012, at 8:45 a.m. in Department 998 of this Court,
Honorable Judge Rosendo Pena, presiding. The matter was argued and submitted. The Court delivered
its ruling on December 14, 2012. Judgment in conformity with that ruling was entered on December 18,
2012. After the Court rendered judgment, the matter was appealed to the Court of Appeal of the State of
California, Fifth Appellate District. The Court of Appeal reversed and remanded, granting the petition
10 for writ of mandate, issuing its opinion in the matter on May 27, 2014. The Supreme Court of California
11 granted review. The Supreme Court affirmed in part and reversed in part and remanded. This Court,
12 Honorable Kristi Culver Kapetan presiding, subsequently issued a writ on March 19, 2019 in accordance
13 with the Supreme Court’s ruling, granting the petition for writ of mandate. Real Party Interest Friant
14 Ranch LP appealed the matter to the Court of Appeal of the State of California, Fifth Appellate District.
15 The Court of Appeal affirmed this Court’s judgment granting the petition for writ of mandate in an
16 opinion issued November 24, 2020 and modified on December 22, 2020.
17 Pursuant to the opinion entered in the above entitled case on December 24, 2018 by the Supreme
18 Court of California which became final on January 29, 2019, the opinion of the Fifth District Court of
19 Appeal which became final on February 1, 2019, and the opinion of the Fifth District Court of Appeal
20 filed on November 24, 2020 as modified on December 22, 2020, the Court now enters judgment as
21 follows:
22 IN ACCORDANCE WITH THE ABOVE ENTITLED SUPREME COURT OPINION AND
23 COURT OF APPEAL OPINIONS, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED
24 THAT:
25 1 Judgment on the Petition is hereby entered in favor of Petitioners against the County and Real
26 Party in Interest;
27 An amended peremptory writ of mandate directed to the County under seal of this Court shall
28 issue directing Respondent County to vacate and set aside its February 1, 2011 certification of
CASE NO. 11CECG00706
[PROPOSED] JUDGMENT]
the Environmental Impact Report for the Friant Ranch project, to promptly vacate and set aside
the corresponding project approvals, and to prepare a revised EIR that fully complies with all
requirements of CEQA;
This Court shall retain jurisdiction over the proceedings by way ofa return to the writ pursuant
to Public Resources Code section 21168.9, subdivision (b). This Court requires the County to
file an initial return explaining the action it intends to take to satisfy the writ's requirements
within 30 days of issuance of the writ.
Costs and attorneys’ fees may be claimed pursuant to California Rules of Court Rules 3.1700
and 3.1702.
10 Petitioners, as prevailing party, are entitled to costs in the amount of $ , pursuant
11 to Code of Civil Procedure section 1033.5.
12 Petitioners, as prevailing party, are entitled to apply for attorneys’ fees through an appropriately
13 noticed motion. This Court retains jurisdiction to hear such a motion and determine the amount
14 of such fees, if any. If such a motion is granted, this judgment will be amended to award the
15 attorneys’ fees pursuant to Code of Civil Procedure section 1021.5.
16
IT IS SO ADJUDGED.
17
18 Dated: By
Honorable Kristi Culver Kapetan
19 JUDGE OF THE SUPERIOR COURT
20
21
22
23
24
25
26
27
28
CASE NO. 11CECG00706
[PROPOSED] JUDGMENT]
PROOF OF SERVICE
Tam employed by Chatten-Brown, Carstens & Minteer LLP in the County of Los Angeles, State of
California. I am over the age of 18 and not a party to the within action. My business address is 2200 Pacific
Coast Highway, Ste. 318, Hermosa Beach, CA. On February 12, 2021, I served the within documents:
[PROPOSED] JUDGMENT GRANTING PETITION FOR WRIT OF MANDATE
VIA UNITED STATES MAIL. | am readily familiar with this business’ practice for
collection and processing of correspondence for mailing with the United States Postal Service.
On the same day that correspondence is placed for collection and mailing, it is deposited in
the ordinary course of business with the United States Postal Service in a sealed envelope with
postage fully prepaid. I enclosed the above-referenced document(s) in a sealed envelope or
package addressed to the person(s) at the address(es) as set forth below, and following
ordinary business practices I placed the package for collection and mailing on the date and at
the place of business set forth above.
10 VIA OVERNIGHT DELIVERY. [ enclosed the above-referenced document(s) in an
envelope or package designated by an overnight delivery carrier with delivery fees paid or
ll provided for and addressed to the person(s) at the address(es) listed below. I placed the
envelope or package for collection and overnight delivery at an office or a regularly utilized
12
drop box of the overnight delivery carrier.
13
VIA ONE LEGAL E-SERVICE. By submitting an electronic version of the
14 document(s) to One Legal, LLC, through the user interface at
www.onelegal.com.
15
VIA ELECTRONIC SERVICE. Based on a court order or an agreement of the parties to
16 accept service by electronic transmission, I caused the above-referenced document(s) to be
sent to the person(s) at the electronic address(es) listed below.
17
18
I declare that I am employed in the office of a member of the bar of this court whose direction the
19 service was made. I declare under penalty of perjury under the laws of the State of California that the above is
true and correct. Executed on February 12, 2021, at Hermosa Beach, California.
20
21
(of Cynthia Kellman
22
Cynthia Kellman
23
24
25
26
27
28
SERVICE LIST
Attorneys for Respondents, County of Fresno, et al.
Daniel C. Cederborg
County Counsel
Kyle R. Roberson
Deputy County Counsel
FRESNO COUNTY COUNSEL
2220 Tulare Street, Suite 500
Fresno, CA 93721
kroberson@fresnocountyca.gov
Attorneys for Real Party in Interest, Friant Ranch, L.P.
James G. Moose
10 Tiffany K. Wright
Laura M. Harris
ll
REMY MOOSE MANLEY, LLP
12 555 Capitol Mall, Suite 800
Sacramento, CA 95814
13
jmoose@rmmenvirolaw.com
14 twright@rmmenvirolaw.com
lharris@rmmenvirolaw.com
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Preview
CHATTEN-BROWN, CARSTENS & MINTEER, LLP Douglas P. Carstens, SBN 193439, dpc@cbcearthlaw.com Michelle Black, SBN 261962, mnb@cbcearthlaw.com Sunjana Supekar, SBN 328663, sss@cbcearthlaw.com 2200 Pacific Coast Hwy, Suite 318 RECEIVED Hermosa Beach, CA 90254 2/16/2021 8:00 AM 310.798.2400; Fax 310.798.2402 FRESNO COUNTY SUPERIOR COURT By: |. Herrera, Deputy Attorneys for Petitioners Sierra Club, Revive the San Joaquin and League of Women Voters of Fresno SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF FRESNO 10 SIERRA CLUB, REVIVE THE SAN JOAQUIN ) CASE NO.: 11CECG00706; 11 and LEAGUE OF WOMEN VOTERS OF ) FRESNO Consolidated with Case Nos. 11CECG00709 and 12 11CECG00726 Petitioners, 13 Vv. [PROPOSED] JUDGMENT GRANTING 14 COUNTY OF FRESNO; FRESNO COUNTY PETITION FOR WRIT OF MANDATE 15 BOARD OF SUPERVISORS Respondents, Judge: Hon. Kristi Culver Kapetan 16 Department: 403 FRIANT RANCH L-P., Petition Filed: March 7, 2011 17 Real Party In Interest 18 19 20 21 22 23 24 25 26 27 28 CASE NO. 11CECG00704 [PROPOSED] JUDGMENT] Petitioners Sierra Club, Revive the San Joaquin, and League of Women Voters of Fresno filed the above captioned matter, a Petition for Peremptory Writ of Mandate and Complaint for Declaratory and Injunctive Relief (“Petition”), against Respondents County of Fresno and Fresno County Board of Supervisors (“County”) and Real Party in Interest Friant Ranch L.P on March 7, 2011. The matter came on regularly for hearing on September 21, 2012, at 8:45 a.m. in Department 998 of this Court, Honorable Judge Rosendo Pena, presiding. The matter was argued and submitted. The Court delivered its ruling on December 14, 2012. Judgment in conformity with that ruling was entered on December 18, 2012. After the Court rendered judgment, the matter was appealed to the Court of Appeal of the State of California, Fifth Appellate District. The Court of Appeal reversed and remanded, granting the petition 10 for writ of mandate, issuing its opinion in the matter on May 27, 2014. The Supreme Court of California 11 granted review. The Supreme Court affirmed in part and reversed in part and remanded. This Court, 12 Honorable Kristi Culver Kapetan presiding, subsequently issued a writ on March 19, 2019 in accordance 13 with the Supreme Court’s ruling, granting the petition for writ of mandate. Real Party Interest Friant 14 Ranch LP appealed the matter to the Court of Appeal of the State of California, Fifth Appellate District. 15 The Court of Appeal affirmed this Court’s judgment granting the petition for writ of mandate in an 16 opinion issued November 24, 2020 and modified on December 22, 2020. 17 Pursuant to the opinion entered in the above entitled case on December 24, 2018 by the Supreme 18 Court of California which became final on January 29, 2019, the opinion of the Fifth District Court of 19 Appeal which became final on February 1, 2019, and the opinion of the Fifth District Court of Appeal 20 filed on November 24, 2020 as modified on December 22, 2020, the Court now enters judgment as 21 follows: 22 IN ACCORDANCE WITH THE ABOVE ENTITLED SUPREME COURT OPINION AND 23 COURT OF APPEAL OPINIONS, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED 24 THAT: 25 1 Judgment on the Petition is hereby entered in favor of Petitioners against the County and Real 26 Party in Interest; 27 An amended peremptory writ of mandate directed to the County under seal of this Court shall 28 issue directing Respondent County to vacate and set aside its February 1, 2011 certification of CASE NO. 11CECG00706 [PROPOSED] JUDGMENT] the Environmental Impact Report for the Friant Ranch project, to promptly vacate and set aside the corresponding project approvals, and to prepare a revised EIR that fully complies with all requirements of CEQA; This Court shall retain jurisdiction over the proceedings by way ofa return to the writ pursuant to Public Resources Code section 21168.9, subdivision (b). This Court requires the County to file an initial return explaining the action it intends to take to satisfy the writ's requirements within 30 days of issuance of the writ. Costs and attorneys’ fees may be claimed pursuant to California Rules of Court Rules 3.1700 and 3.1702. 10 Petitioners, as prevailing party, are entitled to costs in the amount of $ , pursuant 11 to Code of Civil Procedure section 1033.5. 12 Petitioners, as prevailing party, are entitled to apply for attorneys’ fees through an appropriately 13 noticed motion. This Court retains jurisdiction to hear such a motion and determine the amount 14 of such fees, if any. If such a motion is granted, this judgment will be amended to award the 15 attorneys’ fees pursuant to Code of Civil Procedure section 1021.5. 16 IT IS SO ADJUDGED. 17 18 Dated: By Honorable Kristi Culver Kapetan 19 JUDGE OF THE SUPERIOR COURT 20 21 22 23 24 25 26 27 28 CASE NO. 11CECG00706 [PROPOSED] JUDGMENT] PROOF OF SERVICE Tam employed by Chatten-Brown, Carstens & Minteer LLP in the County of Los Angeles, State of California. I am over the age of 18 and not a party to the within action. My business address is 2200 Pacific Coast Highway, Ste. 318, Hermosa Beach, CA. On February 12, 2021, I served the within documents: [PROPOSED] JUDGMENT GRANTING PETITION FOR WRIT OF MANDATE VIA UNITED STATES MAIL. | am readily familiar with this business’ practice for collection and processing of correspondence for mailing with the United States Postal Service. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service in a sealed envelope with postage fully prepaid. I enclosed the above-referenced document(s) in a sealed envelope or package addressed to the person(s) at the address(es) as set forth below, and following ordinary business practices I placed the package for collection and mailing on the date and at the place of business set forth above. 10 VIA OVERNIGHT DELIVERY. [ enclosed the above-referenced document(s) in an envelope or package designated by an overnight delivery carrier with delivery fees paid or ll provided for and addressed to the person(s) at the address(es) listed below. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized 12 drop box of the overnight delivery carrier. 13 VIA ONE LEGAL E-SERVICE. By submitting an electronic version of the 14 document(s) to One Legal, LLC, through the user interface at www.onelegal.com. 15 VIA ELECTRONIC SERVICE. Based on a court order or an agreement of the parties to 16 accept service by electronic transmission, I caused the above-referenced document(s) to be sent to the person(s) at the electronic address(es) listed below. 17 18 I declare that I am employed in the office of a member of the bar of this court whose direction the 19 service was made. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on February 12, 2021, at Hermosa Beach, California. 20 21 (of Cynthia Kellman 22 Cynthia Kellman 23 24 25 26 27 28 SERVICE LIST Attorneys for Respondents, County of Fresno, et al. Daniel C. Cederborg County Counsel Kyle R. Roberson Deputy County Counsel FRESNO COUNTY COUNSEL 2220 Tulare Street, Suite 500 Fresno, CA 93721 kroberson@fresnocountyca.gov Attorneys for Real Party in Interest, Friant Ranch, L.P. James G. Moose 10 Tiffany K. Wright Laura M. Harris ll REMY MOOSE MANLEY, LLP 12 555 Capitol Mall, Suite 800 Sacramento, CA 95814 13 jmoose@rmmenvirolaw.com 14 twright@rmmenvirolaw.com lharris@rmmenvirolaw.com 15 16 17 18 19 20 21 22 23 24 25 26 27 28