Preview
XAVIER BECERRA
Attorney General of California E-FILED
Gary E. TAVETIAN 2/23/2021 1:02 PM
Supervising Deputy Attorney General Superior Court of California
JOHN S. SASAKI (SBN 202161) County of Fresno
Deputy Attorney General By: |. Herrera, Deputy
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
Telephone: (213) 269-6335
Fax: (213) 897-2802
E-mail: John.Sasaki@doj.ca.gov [EXEMPT FROM FILING FEES —
Attorneys for Respondents GOV. CODE, § 6103]
California Air Resources Board and Richard Corey
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF FRESNO
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12 JOHN R. LAWSON ROCK & OIL, INC., Case No. 19CECG00331
13 Petitioner and Plaintiff, ASSIGNED FOR ALL PURPOSES TO:
Hon. Kristi Culver Kapetan, Dept. 403
14
NOTICE OF LODGING OF
15 [PROPOSED] JUDGMENT
CALIFORNIA AIR RESOURCES
16 BOARD; and RICHARD COREY, in his
official capacity as Executive Officer of the
17 California Air Resources Board,
18 Respondents and Defendants.
19
20 TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
21 PLEASE TAKE NOTICE that, concurrently with the filing of this notice, Respondents
22 California Air Resources Board and Richard Corey have lodged with the Court the [Proposed]
23 Judgment attached hereto as Exhibit 1.
24 Dated: February 23, 2021 XAVIER BECERRA
Attorney General of California
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26
Tn ox
J INS. SASAKI
27 Deputy Attorney General
Attorneys for Respondents
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Notice of Lodging of [Proposed] Judgment (19CECG00331)
EXHIBIT 1
XAVIER BECERRA
Attorney General of California
Gary E. TAVETIAN
Supervising Deputy Attorney General
JOHN S. SASAKI (SBN 202161)
Deputy Attorney General
300 South Spring Street, Suite 1702
Los Angeles, CA 90013
Telephone: (213) 269-6335
Fax: (213) 897-2802
E-mail: John.Sasaki@doj.ca.gov [EXEMPT FROM FILING FEES —
Attorneys for Respondents GOV. CODE, § 6103]
California Air Resources Board and Richard Corey
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF FRESNO
11
12 JOHN R. LAWSON ROCK & OIL, INC., Case No. 19CECG00331
13 Petitioner and Plaintiff, ASSIGNED FOR ALL PURPOSES TO:
Hon. Kristi Culver Kapetan
14 Department 403
15
CALIFORNIA AIR RESOURCES
16 [PROPOSED] JUDGMENT
BOARD; and RICHARD COREY, in his
official capacity as Executive Officer of the
17 California Air Resources Board,
18 Respondents and Defendants.
19
20
21 Petitioner John R. Lawson Rock & Oil, Inc. filed its Verified Petition for Writ of Mandate
22 and Complaint for Inverse Condemnation, Declaratory Relief, and Injunctive Relief (hereafter the
23 Petition) herein on January 22, 2019.
24 The Petition alleges six separate causes of action.
25 On May 15, 2019, the Court entered an order sustaining a demurrer by Respondents with
26 regard to the Fourth, Fifth and Sixth Causes of Action alleged in the Petition. The Court
27 overruled the demurrer with regard to the First, Second, and Third Causes of Action.
28
[PROPOSED] JUDGMENT (19CECG00331)
Petitioner’s claims for a writ of mandate, as alleged in the First, Second and Third Causes
of Action of the Petition, came on for hearing on December 4, 2020 at 9:30 a.m. in Department
403 of this Court, the Honorable Kristi Culver Kapetan presiding. Petitioner was represented by
John P. Kinsey, of Wanger Jones Helsley PC, and Respondents were represented by Deputy
Attorney General John S. Sasaki. Following that hearing, on February 9, 2021, the Court issued
its Order After Hearing On Petitioner John R. Lawson Rock & Oil, Inc.’s Petition For Writ Of
Mandate And Complaint For Declaratory And Injunctive Relief, pursuant to which the Court
denied Petitioner’s claims for a writ of mandate.
NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that:
10 1 Petitioner’s Verified Petition for Writ of Mandate and Complaint for Inverse
11 Condemnation, Declaratory Relief, and Injunctive Relief is denied;
12 2. Petitioner shall take nothing by way of the Petition; and
13 3 Judgment is hereby entered in favor of Respondents California Air Resources
14 Board and Richard Corey, and against Petitioner John R. Lawson Rock & Oil, Inc., with regard to
15 the Petition, and all causes of action alleged in the Petition.
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17
Dated: , 2021
18 Honorable Kristi Culver Kapetan
Judge of the Superior Court
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Approved as to form only:
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25 /s/ John P. Kinsey
Dated: February 23, 2021
26 John P. Kinsey
Counsel for Petitioner
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[PROPOSED] JUDGMENT (19CECG00331)
DECLARATION OF SERVICE BY ELECTRONIC MAIL
Case Name: John R. Lawson Rock & Oil, Inc., v. California Air Resources Board et al.
Case No.: 19CECG00331
I declare:
Iam employed in the Office of the Attorney General, and a member of the California State Bar. I
am 18 years of age or older and not a party to this matter; my business address is 300 South
Spring Street, Suite 1702, Los Angeles, CA 90013.
On February 23, 2021, and pursuant to Emergency Rule 12 of the California Rules of Court, I
served the attached NOTICE OF LODGING OF [PROPOSED] JUDGMENT by e-mailing a
true copy thereof to the attorney(s) listed below, addressed as follows
10
11 Timothy Jones
Wanger Jones Helsley PC
12 265 E. River Park Circle, Suite 310
Fresno, CA 93720
13 E-mail: tjones@wijhattorneys.com
John P. Kinsey
14 E-mail: jkinsey@wjhattorneys.com
Christopher Lisieski
15 E-mail: clisieski@wjhattorneys.com
Attorneys for Petitioner/Plaintiff John R. Lawson Rock & Oil, Inc.
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17
I declare under penalty of perjury under the laws of the State of California the foregoing is true
18 and correct and that this declaration was executed on February 23, 2021, at Los Angeles,
California.
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21
John S. Sasaki
Declarant
Abe Signature
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Notice of Lodging of [Proposed] Judgment (19CECG00331)
Preview
XAVIER BECERRA Attorney General of California E-FILED Gary E. TAVETIAN 2/23/2021 1:02 PM Supervising Deputy Attorney General Superior Court of California JOHN S. SASAKI (SBN 202161) County of Fresno Deputy Attorney General By: |. Herrera, Deputy 300 South Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 269-6335 Fax: (213) 897-2802 E-mail: John.Sasaki@doj.ca.gov [EXEMPT FROM FILING FEES — Attorneys for Respondents GOV. CODE, § 6103] California Air Resources Board and Richard Corey SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF FRESNO 11 12 JOHN R. LAWSON ROCK & OIL, INC., Case No. 19CECG00331 13 Petitioner and Plaintiff, ASSIGNED FOR ALL PURPOSES TO: Hon. Kristi Culver Kapetan, Dept. 403 14 NOTICE OF LODGING OF 15 [PROPOSED] JUDGMENT CALIFORNIA AIR RESOURCES 16 BOARD; and RICHARD COREY, in his official capacity as Executive Officer of the 17 California Air Resources Board, 18 Respondents and Defendants. 19 20 TO THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 21 PLEASE TAKE NOTICE that, concurrently with the filing of this notice, Respondents 22 California Air Resources Board and Richard Corey have lodged with the Court the [Proposed] 23 Judgment attached hereto as Exhibit 1. 24 Dated: February 23, 2021 XAVIER BECERRA Attorney General of California 25 26 Tn ox J INS. SASAKI 27 Deputy Attorney General Attorneys for Respondents 28 Notice of Lodging of [Proposed] Judgment (19CECG00331) EXHIBIT 1 XAVIER BECERRA Attorney General of California Gary E. TAVETIAN Supervising Deputy Attorney General JOHN S. SASAKI (SBN 202161) Deputy Attorney General 300 South Spring Street, Suite 1702 Los Angeles, CA 90013 Telephone: (213) 269-6335 Fax: (213) 897-2802 E-mail: John.Sasaki@doj.ca.gov [EXEMPT FROM FILING FEES — Attorneys for Respondents GOV. CODE, § 6103] California Air Resources Board and Richard Corey SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF FRESNO 11 12 JOHN R. LAWSON ROCK & OIL, INC., Case No. 19CECG00331 13 Petitioner and Plaintiff, ASSIGNED FOR ALL PURPOSES TO: Hon. Kristi Culver Kapetan 14 Department 403 15 CALIFORNIA AIR RESOURCES 16 [PROPOSED] JUDGMENT BOARD; and RICHARD COREY, in his official capacity as Executive Officer of the 17 California Air Resources Board, 18 Respondents and Defendants. 19 20 21 Petitioner John R. Lawson Rock & Oil, Inc. filed its Verified Petition for Writ of Mandate 22 and Complaint for Inverse Condemnation, Declaratory Relief, and Injunctive Relief (hereafter the 23 Petition) herein on January 22, 2019. 24 The Petition alleges six separate causes of action. 25 On May 15, 2019, the Court entered an order sustaining a demurrer by Respondents with 26 regard to the Fourth, Fifth and Sixth Causes of Action alleged in the Petition. The Court 27 overruled the demurrer with regard to the First, Second, and Third Causes of Action. 28 [PROPOSED] JUDGMENT (19CECG00331) Petitioner’s claims for a writ of mandate, as alleged in the First, Second and Third Causes of Action of the Petition, came on for hearing on December 4, 2020 at 9:30 a.m. in Department 403 of this Court, the Honorable Kristi Culver Kapetan presiding. Petitioner was represented by John P. Kinsey, of Wanger Jones Helsley PC, and Respondents were represented by Deputy Attorney General John S. Sasaki. Following that hearing, on February 9, 2021, the Court issued its Order After Hearing On Petitioner John R. Lawson Rock & Oil, Inc.’s Petition For Writ Of Mandate And Complaint For Declaratory And Injunctive Relief, pursuant to which the Court denied Petitioner’s claims for a writ of mandate. NOW, THEREFORE, IT IS ORDERED, ADJUDGED AND DECREED that: 10 1 Petitioner’s Verified Petition for Writ of Mandate and Complaint for Inverse 11 Condemnation, Declaratory Relief, and Injunctive Relief is denied; 12 2. Petitioner shall take nothing by way of the Petition; and 13 3 Judgment is hereby entered in favor of Respondents California Air Resources 14 Board and Richard Corey, and against Petitioner John R. Lawson Rock & Oil, Inc., with regard to 15 the Petition, and all causes of action alleged in the Petition. 16 17 Dated: , 2021 18 Honorable Kristi Culver Kapetan Judge of the Superior Court 19 20 21 22 23 Approved as to form only: 24 25 /s/ John P. Kinsey Dated: February 23, 2021 26 John P. Kinsey Counsel for Petitioner 27 28 [PROPOSED] JUDGMENT (19CECG00331) DECLARATION OF SERVICE BY ELECTRONIC MAIL Case Name: John R. Lawson Rock & Oil, Inc., v. California Air Resources Board et al. Case No.: 19CECG00331 I declare: Iam employed in the Office of the Attorney General, and a member of the California State Bar. I am 18 years of age or older and not a party to this matter; my business address is 300 South Spring Street, Suite 1702, Los Angeles, CA 90013. On February 23, 2021, and pursuant to Emergency Rule 12 of the California Rules of Court, I served the attached NOTICE OF LODGING OF [PROPOSED] JUDGMENT by e-mailing a true copy thereof to the attorney(s) listed below, addressed as follows 10 11 Timothy Jones Wanger Jones Helsley PC 12 265 E. River Park Circle, Suite 310 Fresno, CA 93720 13 E-mail: tjones@wijhattorneys.com John P. Kinsey 14 E-mail: jkinsey@wjhattorneys.com Christopher Lisieski 15 E-mail: clisieski@wjhattorneys.com Attorneys for Petitioner/Plaintiff John R. Lawson Rock & Oil, Inc. 16 17 I declare under penalty of perjury under the laws of the State of California the foregoing is true 18 and correct and that this declaration was executed on February 23, 2021, at Los Angeles, California. 19 20 21 John S. Sasaki Declarant Abe Signature 22 23 24 25 26 27 28 Notice of Lodging of [Proposed] Judgment (19CECG00331)