Preview
1 CURTIS DAVIS (SBN 323353)
CALIFORNIA RURAL LEGAL ASSISTANCE, INC.
2 449 Broadway ELECTRONICALLY
El Centro, CA 92243 F I L E D
23 Telephone: (760) 353-0220
Superior Court of California,
County of San Francisco
Facsimile: (760) 353-8026
4 01/08/2021
cdavis@crla.org Clerk of the Court
BY: EDNALEEN ALEGRE
35 Deputy Clerk
Attorney for Plaintiff/Petitioner
6 (Additional Counsel Listed on the Following Page)
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
59 CITY AND COUNTY OF SAN FRANCISCO
10 MILAGROS AZUCENA WENDZ CASE NUMBER: CPF-20-517067
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6 Plaintiff/Petitioner, PLAINTIFF/PETITIONER’S
12 EVIDENTIARY OBJECTION
vs.
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7 Hearing Date: January 22, 2021
CALIFORNIA DEPARTMENT OF Time: 9:30 a.m.
14 EDUCATION; TONY THURMOND, in his Department: 302
official capacity as STATE Judge: Hon. Ethan P. Schulman
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8 SUPERINDENTDENT OF PUBLIC
INSTRUCTION; DOES 1 THROUGH 30, Petition Filed: March 26, 2020
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inclusive, Trial Date: None set
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Defendants/Respondents.
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Pltff/Pet. Evidentiary Objections Case No.: CPF-20-517067
Additional Counsel
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2 CYNTHIA L. RICE (SBN 87630)
CALIFORNIA RURAL LEGAL ASSISTANCE, INC.
23 1430 Franklin Street, Suite 103
Oakland, CA. 94612
4 Telephone: (510) 267-0762
Facsimile: (510) 267-0763
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crice@crla.org
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DEBORAH ESCOBEDO (SBN 89093)
47 LAWYERS’COMMITTEE FOR CIVIL RIGHTS - SF
31 Steuart Street, Suite 400
8 San Francisco, CA 94105-1243
Telephone: (415) 543-9444
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Facsimile: (415) 543-0296
10 descobedo@lccrsf.org
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6 REBECCA A. BUCKLEY-STEIN (SBN 310366)
CALIFORNIA RURAL LEGAL ASSISTANCE, INC.
12 601 High Street, Suite C
Delano, CA 93215
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Telephone: (661) 725-4350
14 Facsimile: (661) 725-1025
Rbuckleystein@crla.org
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Attorneys for Plaintiff/Petitioner
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Pltff/Pet. Evidentiary Objections Case No.: CPF-20-517067
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Plaintiff/Petitioner submits the following objections to the evidence
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offered by Respondents in support of their opposition to Plaintiff/Petitioner’s
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Motion for Entry of Writ of Mandate.
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1. Plaintiff/Petitioner objects to the DECLARATION OF CELINA
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TORRES IN SUPPORT OF RESPONDENTS’ OPPOSITION TO
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PETITIONER’S MOTION FOR ENTRY OF WRIT OF MANDATE insofar as
47 it is offered to demonstrate that the challenged regulations are necessary or
8 reasonable. This objection is based on the following:
59 - The opinions offered lack foundation (Evid. Code §§ 800(a), 802.)
10 - The opinions and asserted facts are not relevant as they are extra-record
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6 evidence, that was not made available to the public during the public comment
12 period and may not be used to augment the Rulemaking File, after the fact.
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7 (Evid. Code § 351; Gov. Code § 11346.8(d).)
2. Plaintiff/Petitioner objects to Exhibit 1 to RESPONDENTS’
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REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF RESPONDENTS’
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OPPOSITION TO PETITIONER’S MOTION FOR ENTRY OF WRIT OF
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MANDATE insofar as it is offered to demonstrate that the challenged regulations
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are necessary or reasonable. This objection is based on the fact that the document
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is not relevant as it is extra-record evidence, that was not made available to the
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public during the public comment period or in the Rulemaking File and may not
20 be used to augment the administrative record after the fact. (Evid. Code § 351;
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21 Gov. Code § 11346.8(d), California Assn. of Nursing Homes, etc. v. Williams
22 (1970) 4 Cal. App. 3d 800, 811.)
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23 3. Plaintiff/Petitioner objects to Exhibit 2 to RESPONDENTS’
24 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF RESPONDENTS’
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25 OPPOSITION TO PETITIONER’S MOTION FOR ENTRY OF WRIT OF
26 MANDATE insofar as it is offered to demonstrate that the challenged regulations
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are necessary or reasonable. This objection is based on the fact that the document
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Pltff/Pet. Evidentiary Objections Case No.: CPF-20-517067
1 is not relevant as it is extra-record evidence, that was not made available to the
2 public during the public comment period or in the Rulemaking File and may not
23 be used to augment the administrative record after the fact. (Evid. Code § 351;
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Gov. Code § 11346.8(d), California Assn. of Nursing Homes, etc. v. Williams
(1970) 4 Cal. App. 3d 800, 811.)
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Based on the foregoing the opinions and the asserted facts contained in
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this evidence are entitled to no weight in determining whether the regulations in
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question were reasonable or necessary.
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Respectfully submitted,
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10 Dated: January 8, 2021
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6 CALIFORNIA RURAL LEGAL LAWYERS’ COMMITTEE FOR
ASSISTANCE, INC. CIVIL RIGHTS-SF
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By: /s/ CYNTHIA L. RICE By: /s/ DEBORAH ESCOBEDO
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7 CYNTHIA L. RICE DEBORAH ESCOBEDO
CURTIS DAVIS Attorney for Plaintiff/Petitioner
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REBECCA BUCKLEY-STEIN
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8 Attorneys for Plaintiff/Petitioner
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Pltff/Pet. Evidentiary Objections Case No.: CPF-20-517067
1 CURTIS DAVIS (SBN 323353)
CALIFORNIA RURAL LEGAL ASSISTANCE, INC.
2 449 Broadway
El Centro, CA 92243
23 Telephone: (760) 353-0220
4 Facsimile: (760) 353-8026
cdavis@crla.org
35
Attorney for Plaintiff/Petitioner
6 (Additional Counsel Listed on Following Page)
47
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
59 CITY AND COUNTY OF SAN FRANCISCO
10 MILAGROS AZUCENA WENDZ CASE NUMBER: CPF-20-517067
11
6 Plaintiff/Petitioner, PROOF OF SERVICE
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vs. Hearing Date: January 22, 2021
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7 Time: 9:30 a.m.
CALIFORNIA DEPARTMENT OF Department: 302
14 EDUCATION; TONY THURMOND, in his Judge: Hon. Ethan P. Schulman
official capacity as STATE
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8 SUPERINDENTDENT OF PUBLIC Petition Filed: March 26, 2020
INSTRUCTION; DOES 1 THROUGH 30, Trial Date: None set
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inclusive,
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Defendants/Respondents.
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Proof of Service Case No.: CPF-20-517067
Additional Counsel
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2 CYNTHIA L. RICE (SBN 87630)
CALIFORNIA RURAL LEGAL ASSISTANCE, INC.
23 1430 Franklin Street, Suite 103
Oakland, CA. 94612
4 Telephone: (510) 267-0762
Facsimile: (510) 267-0763
35
crice@crla.org
6
DEBORAH ESCOBEDO (SBN 89093)
47 LAWYERS’COMMITTEE FOR CIVIL RIGHTS - SF
31 Steuart Street, Suite 400
8 San Francisco, CA 94105-1243
Telephone: (415) 543-9444
59
Facsimile: (415) 543-0296
10 descobedo@lccrsf.org
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6 REBECCA A. BUCKLEY-STEIN (SBN 310366)
CALIFORNIA RURAL LEGAL ASSISTANCE, INC.
12 601 High Street, Suite C
Delano, CA 93215
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Telephone: (661) 725-4350
14 Facsimile: (661) 725-1025
Rbuckleystein@crla.org
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Attorneys for Plaintiff/Petitioner
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Proof of Service Case No.: CPF-20-517067
1 PROOF OF SERVICE
I, Alannah Kull, declare as follows:
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I am employed with the law offices of CALIFORNIA RURAL LEGAL ASSISTANCE, INC.
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My business address is 1430 Franklin Street, Suite 103, Oakland, California 94612. I am over
4 the age of 18 years of age, and not a party to this action.
35 On January 8, 2021 I served the foregoing document entitled:
6 PLAINTIFF/PETITIONER’S EVIDENTIARY OBJECTION
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by serving in the manner and/or manners described below to each of the parties herein listed:
8 Terri M. McFarland, Esq., Counsel for Defendant/Respondent Tony Thurmond,
Superintendent of Public Instruction and Defendant/Respondent, CA Dept. of Edu.
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[] By Mail in accordance with Code of Civil Procedure §1013a(3) as follows:
10 I am readily familiar with this firm’s practice of collection and processing correspondence for
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6 mailing with the United States Postal Service. Under the practice the correspondence would be
deposited with the United States Postal Service on that same day in the ordinary course of
12 business with postage thereon fully prepaid at Oakland, California. Such envelope was sealed
and placed for collection and mailing following ordinary business practices.
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[] OVERNIGHT COURIER I caused the above-referenced envelope(s) to be delivered to
14 an overnight courier service for delivery to the address(es)
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[] BY PERSONAL SERVICE I caused delivery of such envelope(s), by hand, to the
16 office(s) of the above listed addressee(s).
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9 [X] BY ELECTRONIC MAIL, I caused such documents to be scanned into PDF format
and sent via electronic mail to the electronic mail addressee(s) of the addressee(s) designation.
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TMcFarland@cde.ca.gov
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[] BY FACSIMILE by transmitting from my business address a true copy thereof from
20 sending facsimile number (510) 267-0761 addressed to the receiving facsimile numbers on the
attached service list respectively. A true copy thereof was transmitted by facsimile and the
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21 transmission reported complete without error.
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[X] (STATE) I declare under penalty of perjury under the laws of the State of California that
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23 the above is true and correct.
24 Executed on January 8, 2021, Oakland, California
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25 _________________________
ALANNAH KULL
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Proof of Service Case No.: CPF-20-517067
Preview
1 CURTIS DAVIS (SBN 323353) CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 2 449 Broadway ELECTRONICALLY El Centro, CA 92243 F I L E D 23 Telephone: (760) 353-0220 Superior Court of California, County of San Francisco Facsimile: (760) 353-8026 4 01/08/2021 cdavis@crla.org Clerk of the Court BY: EDNALEEN ALEGRE 35 Deputy Clerk Attorney for Plaintiff/Petitioner 6 (Additional Counsel Listed on the Following Page) 47 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 59 CITY AND COUNTY OF SAN FRANCISCO 10 MILAGROS AZUCENA WENDZ CASE NUMBER: CPF-20-517067 11 6 Plaintiff/Petitioner, PLAINTIFF/PETITIONER’S 12 EVIDENTIARY OBJECTION vs. 13 7 Hearing Date: January 22, 2021 CALIFORNIA DEPARTMENT OF Time: 9:30 a.m. 14 EDUCATION; TONY THURMOND, in his Department: 302 official capacity as STATE Judge: Hon. Ethan P. Schulman 15 8 SUPERINDENTDENT OF PUBLIC INSTRUCTION; DOES 1 THROUGH 30, Petition Filed: March 26, 2020 16 inclusive, Trial Date: None set 17 9 Defendants/Respondents. 18 10 19 20 11 21 22 12 23 24 13 25 26 14 27 28 1 Pltff/Pet. Evidentiary Objections Case No.: CPF-20-517067 Additional Counsel 1 2 CYNTHIA L. RICE (SBN 87630) CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 23 1430 Franklin Street, Suite 103 Oakland, CA. 94612 4 Telephone: (510) 267-0762 Facsimile: (510) 267-0763 35 crice@crla.org 6 DEBORAH ESCOBEDO (SBN 89093) 47 LAWYERS’COMMITTEE FOR CIVIL RIGHTS - SF 31 Steuart Street, Suite 400 8 San Francisco, CA 94105-1243 Telephone: (415) 543-9444 59 Facsimile: (415) 543-0296 10 descobedo@lccrsf.org 11 6 REBECCA A. BUCKLEY-STEIN (SBN 310366) CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 12 601 High Street, Suite C Delano, CA 93215 13 7 Telephone: (661) 725-4350 14 Facsimile: (661) 725-1025 Rbuckleystein@crla.org 15 8 Attorneys for Plaintiff/Petitioner 16 17 9 18 10 19 20 11 21 22 12 23 24 13 25 26 14 27 28 2 Pltff/Pet. Evidentiary Objections Case No.: CPF-20-517067 1 Plaintiff/Petitioner submits the following objections to the evidence 2 offered by Respondents in support of their opposition to Plaintiff/Petitioner’s 23 Motion for Entry of Writ of Mandate. 4 1. Plaintiff/Petitioner objects to the DECLARATION OF CELINA 35 TORRES IN SUPPORT OF RESPONDENTS’ OPPOSITION TO 6 PETITIONER’S MOTION FOR ENTRY OF WRIT OF MANDATE insofar as 47 it is offered to demonstrate that the challenged regulations are necessary or 8 reasonable. This objection is based on the following: 59 - The opinions offered lack foundation (Evid. Code §§ 800(a), 802.) 10 - The opinions and asserted facts are not relevant as they are extra-record 11 6 evidence, that was not made available to the public during the public comment 12 period and may not be used to augment the Rulemaking File, after the fact. 13 7 (Evid. Code § 351; Gov. Code § 11346.8(d).) 2. Plaintiff/Petitioner objects to Exhibit 1 to RESPONDENTS’ 14 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF RESPONDENTS’ 15 8 OPPOSITION TO PETITIONER’S MOTION FOR ENTRY OF WRIT OF 16 MANDATE insofar as it is offered to demonstrate that the challenged regulations 17 9 are necessary or reasonable. This objection is based on the fact that the document 18 is not relevant as it is extra-record evidence, that was not made available to the 10 19 public during the public comment period or in the Rulemaking File and may not 20 be used to augment the administrative record after the fact. (Evid. Code § 351; 11 21 Gov. Code § 11346.8(d), California Assn. of Nursing Homes, etc. v. Williams 22 (1970) 4 Cal. App. 3d 800, 811.) 12 23 3. Plaintiff/Petitioner objects to Exhibit 2 to RESPONDENTS’ 24 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF RESPONDENTS’ 13 25 OPPOSITION TO PETITIONER’S MOTION FOR ENTRY OF WRIT OF 26 MANDATE insofar as it is offered to demonstrate that the challenged regulations 14 27 are necessary or reasonable. This objection is based on the fact that the document 28 3 Pltff/Pet. Evidentiary Objections Case No.: CPF-20-517067 1 is not relevant as it is extra-record evidence, that was not made available to the 2 public during the public comment period or in the Rulemaking File and may not 23 be used to augment the administrative record after the fact. (Evid. Code § 351; 4 Gov. Code § 11346.8(d), California Assn. of Nursing Homes, etc. v. Williams (1970) 4 Cal. App. 3d 800, 811.) 35 Based on the foregoing the opinions and the asserted facts contained in 6 this evidence are entitled to no weight in determining whether the regulations in 47 question were reasonable or necessary. 8 Respectfully submitted, 59 10 Dated: January 8, 2021 11 6 CALIFORNIA RURAL LEGAL LAWYERS’ COMMITTEE FOR ASSISTANCE, INC. CIVIL RIGHTS-SF 12 By: /s/ CYNTHIA L. RICE By: /s/ DEBORAH ESCOBEDO 13 7 CYNTHIA L. RICE DEBORAH ESCOBEDO CURTIS DAVIS Attorney for Plaintiff/Petitioner 14 REBECCA BUCKLEY-STEIN 15 8 Attorneys for Plaintiff/Petitioner 16 17 9 18 10 19 20 11 21 22 12 23 24 13 25 26 14 27 28 4 Pltff/Pet. Evidentiary Objections Case No.: CPF-20-517067 1 CURTIS DAVIS (SBN 323353) CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 2 449 Broadway El Centro, CA 92243 23 Telephone: (760) 353-0220 4 Facsimile: (760) 353-8026 cdavis@crla.org 35 Attorney for Plaintiff/Petitioner 6 (Additional Counsel Listed on Following Page) 47 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 59 CITY AND COUNTY OF SAN FRANCISCO 10 MILAGROS AZUCENA WENDZ CASE NUMBER: CPF-20-517067 11 6 Plaintiff/Petitioner, PROOF OF SERVICE 12 vs. Hearing Date: January 22, 2021 13 7 Time: 9:30 a.m. CALIFORNIA DEPARTMENT OF Department: 302 14 EDUCATION; TONY THURMOND, in his Judge: Hon. Ethan P. Schulman official capacity as STATE 15 8 SUPERINDENTDENT OF PUBLIC Petition Filed: March 26, 2020 INSTRUCTION; DOES 1 THROUGH 30, Trial Date: None set 16 inclusive, 17 9 Defendants/Respondents. 18 10 19 20 11 21 22 12 23 24 13 25 26 14 27 28 15 1 Proof of Service Case No.: CPF-20-517067 Additional Counsel 1 2 CYNTHIA L. RICE (SBN 87630) CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 23 1430 Franklin Street, Suite 103 Oakland, CA. 94612 4 Telephone: (510) 267-0762 Facsimile: (510) 267-0763 35 crice@crla.org 6 DEBORAH ESCOBEDO (SBN 89093) 47 LAWYERS’COMMITTEE FOR CIVIL RIGHTS - SF 31 Steuart Street, Suite 400 8 San Francisco, CA 94105-1243 Telephone: (415) 543-9444 59 Facsimile: (415) 543-0296 10 descobedo@lccrsf.org 11 6 REBECCA A. BUCKLEY-STEIN (SBN 310366) CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 12 601 High Street, Suite C Delano, CA 93215 13 7 Telephone: (661) 725-4350 14 Facsimile: (661) 725-1025 Rbuckleystein@crla.org 15 8 Attorneys for Plaintiff/Petitioner 16 17 9 18 10 19 20 11 21 22 12 23 24 13 25 26 14 27 28 15 2 Proof of Service Case No.: CPF-20-517067 1 PROOF OF SERVICE I, Alannah Kull, declare as follows: 2 I am employed with the law offices of CALIFORNIA RURAL LEGAL ASSISTANCE, INC. 23 My business address is 1430 Franklin Street, Suite 103, Oakland, California 94612. I am over 4 the age of 18 years of age, and not a party to this action. 35 On January 8, 2021 I served the foregoing document entitled: 6 PLAINTIFF/PETITIONER’S EVIDENTIARY OBJECTION 47 by serving in the manner and/or manners described below to each of the parties herein listed: 8 Terri M. McFarland, Esq., Counsel for Defendant/Respondent Tony Thurmond, Superintendent of Public Instruction and Defendant/Respondent, CA Dept. of Edu. 59 [] By Mail in accordance with Code of Civil Procedure §1013a(3) as follows: 10 I am readily familiar with this firm’s practice of collection and processing correspondence for 11 6 mailing with the United States Postal Service. Under the practice the correspondence would be deposited with the United States Postal Service on that same day in the ordinary course of 12 business with postage thereon fully prepaid at Oakland, California. Such envelope was sealed and placed for collection and mailing following ordinary business practices. 13 7 [] OVERNIGHT COURIER I caused the above-referenced envelope(s) to be delivered to 14 an overnight courier service for delivery to the address(es) 15 8 [] BY PERSONAL SERVICE I caused delivery of such envelope(s), by hand, to the 16 office(s) of the above listed addressee(s). 17 9 [X] BY ELECTRONIC MAIL, I caused such documents to be scanned into PDF format and sent via electronic mail to the electronic mail addressee(s) of the addressee(s) designation. 18 TMcFarland@cde.ca.gov 10 19 [] BY FACSIMILE by transmitting from my business address a true copy thereof from 20 sending facsimile number (510) 267-0761 addressed to the receiving facsimile numbers on the attached service list respectively. A true copy thereof was transmitted by facsimile and the 11 21 transmission reported complete without error. 22 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that 12 23 the above is true and correct. 24 Executed on January 8, 2021, Oakland, California 13 25 _________________________ ALANNAH KULL 26 14 27 28 15 3 Proof of Service Case No.: CPF-20-517067