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1 ROB BONTA EXEMPT
Attorney General of California Gov. Code § 6103
2 PETER D. HALLORAN
Supervising Deputy Attorney General
3 JERRY J. DESCHLER
Deputy Attorney General
4 State Bar No. 215691 8/18/2021
1300 I Street, Suite 125
5 P.O. Box 944255
Sacramento, CA 94244-2550
6 Telephone: (916) 210-7871
Fax: (916) 324-5567
7 E-mail: Jerry.Deschler@doj.ca.gov
Attorneys for Defendants
8 Board of Trustees of the California State University,
which is the State of California acting in its higher
9 education capacity (erroneously sued as “Trustees
of the California State University, State of
10 California”), Cynthia Daley, and Debra Larson
11 SUPERIOR COURT OF THE STATE OF CALIFORNIA
12 COUNTY OF BUTTE
13 CIVIL DIVISION
14
15
TERESA RANDOLPH, Case No. 19CV01226
16
Plaintiff, DEFENDANTS’ NOTICE OF MOTION
17 AND STIPULATED MOTION TO
v. VACATE TRIAL DATE AND RELATED
18 DATES
19 TRUSTEES OF THE CALIFORNIA Date: September 22, 2021
STATE UNIVERSITY, STATE OF Time: 9:00 a.m.
20 CALIFORNIA, AND CYNTHIA DALEY, Dept: 6
AN INDIVIDUAL, AND DEBRA LARSON, Judge: The Honorable Stephen E.
21 AN INDIVIDUAL, Benson
Trial Date: December 6, 2021
22 Defendants. Action Filed: April 24, 2019
23
24 TO PLAINTIFF AND HER ATTORNEY OF RECORD:
25 PLEASE TAKE NOTICE that Defendants Board of Trustees of the California State
26 University, which is the State of California acting in its higher education capacity (erroneously
27 sued as “Trustees of the California State University, State of California”) and Cynthia Daley
28 (collectively “Defendants”) hereby move for an order vacating the existing mandatory settlement
1
Defendants’ Notice of Motion and Stipulated Motion To Vacate Trial Date and Related Dates (19CV01226)
1 conference date (November 1, 2021), trial readiness conference date (December 2, 2021), trial
2 date (December 6, 2021) and all associated dates. The motion is scheduled for hearing on
3 September 22, 2021, at 9:00 a.m., in Dept. 6 at the Superior Court of California in and for the
4 County of Butte, located at 1775 Concord Ave, Chico, California 95928. The parties also request
5 that the Court schedule a status conference in approximately six months to schedule a new trial
6 date and related dates. Plaintiff Teresa Randolph (“Randolph”) stipulates to this motion.
7 Good cause exists for granting this motion because the parties stipulate to vacating the trial
8 date and scheduling it for a status conference in approximately six months, and the factors in
9 California Rule of Court, Rule 3.1332 weigh in favor of a continuance so that the parties have
10 adequate time to narrow the issues for trial and prepare for trial.
11 The motion will be based on this notice of motion and motion, the memorandum of points
12 and authorities in support of the motion, the written stipulation of the parties, declaration of Jerry
13 Deschler, the pleadings and papers on file in this action, and upon any such other evidence as may
14 be presented at the hearing.
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Defendants’ Notice of Motion and Stipulated Motion To Vacate Trial Date and Related Dates (19CV01226)
1 PLEASE ALSO TAKE NOTICE that pursuant to Local Rule 2.9, the court follows the
2 tentative ruling procedure set forth in California Rules of Court, rule 3.1308(a)(1). Tentative
3 rulings on law and motion matters will be available on the Court’s website at
4 www.buttecourt.ca.gov and by telephone at (530) 532-7022 by 3:00 p.m. on the court day
5 preceding the hearing.
6 Dated: August 18, 2021 Respectfully submitted,
7 ROB BONTA
Attorney General of California
8 PETER D. HALLORAN
Supervising Deputy Attorney General
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JERRY J. DESCHLER
12 Deputy Attorney General
Attorneys for Defendants
13 Board of Trustees of the California State
University, which is the State of California
14 acting in its higher education capacity,
Cynthia Daley, and Debra Larson
15 SA2019102196
35379791.docx
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Defendants’ Notice of Motion and Stipulated Motion To Vacate Trial Date and Related Dates (19CV01226)
DECLARATION OF SERVICE BY U.S. MAIL
Case Name: Teresa Randolph v. Trustees of the California State University, et al.
Case No.: l9CV01226
I declare:
I am employed in the Office of the Attorney General, which is the office of a member of the
California State Bar, at which member's direction this service is made. I am 18 years of age or
older and not a party to this matter. I am familiar with the business practice at the Office of the
Attorney General for collection and processing of correspondence for mailing with the United
States Postal Service. In accordance with that practice, correspondence placed in the internal
mail collection system at the Office of the Attorney General is deposited with the United States
Postal Service with postage thereon fully prepaid that same day in the ordinary course of
business.
On August 18, 2021, I served the attached DEFENDANTS' NOTICE OF MOTION AND
STIPULATED MOTION TO VACATE TRIAL DATE AND RELATED DATES by .
placing a true copy thereof enclosed in a sealed envelope in the internal mail collection system at
the Office of the Attorney General at 1300 I Street, Suite 125, P.O. Box 944255, Sacramento,
CA 94244-2550, addressed as follows:
Thomas Dimitre
PO Box 801
Ashland, OR 97520
Attorney for Plaintiff
I declare under penalty of perj ury under the laws of the State of California and the United States
of America the foregoing is true and correct and that this e aration was executed on August 18,
2021, at Sacramento, California.
Sondra R. Bushey
Declarant
SA2019102196
35385602.docx
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1 ROB BONTA EXEMPT Attorney General of California Gov. Code § 6103 2 PETER D. HALLORAN Supervising Deputy Attorney General 3 JERRY J. DESCHLER Deputy Attorney General 4 State Bar No. 215691 8/18/2021 1300 I Street, Suite 125 5 P.O. Box 944255 Sacramento, CA 94244-2550 6 Telephone: (916) 210-7871 Fax: (916) 324-5567 7 E-mail: Jerry.Deschler@doj.ca.gov Attorneys for Defendants 8 Board of Trustees of the California State University, which is the State of California acting in its higher 9 education capacity (erroneously sued as “Trustees of the California State University, State of 10 California”), Cynthia Daley, and Debra Larson 11 SUPERIOR COURT OF THE STATE OF CALIFORNIA 12 COUNTY OF BUTTE 13 CIVIL DIVISION 14 15 TERESA RANDOLPH, Case No. 19CV01226 16 Plaintiff, DEFENDANTS’ NOTICE OF MOTION 17 AND STIPULATED MOTION TO v. VACATE TRIAL DATE AND RELATED 18 DATES 19 TRUSTEES OF THE CALIFORNIA Date: September 22, 2021 STATE UNIVERSITY, STATE OF Time: 9:00 a.m. 20 CALIFORNIA, AND CYNTHIA DALEY, Dept: 6 AN INDIVIDUAL, AND DEBRA LARSON, Judge: The Honorable Stephen E. 21 AN INDIVIDUAL, Benson Trial Date: December 6, 2021 22 Defendants. Action Filed: April 24, 2019 23 24 TO PLAINTIFF AND HER ATTORNEY OF RECORD: 25 PLEASE TAKE NOTICE that Defendants Board of Trustees of the California State 26 University, which is the State of California acting in its higher education capacity (erroneously 27 sued as “Trustees of the California State University, State of California”) and Cynthia Daley 28 (collectively “Defendants”) hereby move for an order vacating the existing mandatory settlement 1 Defendants’ Notice of Motion and Stipulated Motion To Vacate Trial Date and Related Dates (19CV01226) 1 conference date (November 1, 2021), trial readiness conference date (December 2, 2021), trial 2 date (December 6, 2021) and all associated dates. The motion is scheduled for hearing on 3 September 22, 2021, at 9:00 a.m., in Dept. 6 at the Superior Court of California in and for the 4 County of Butte, located at 1775 Concord Ave, Chico, California 95928. The parties also request 5 that the Court schedule a status conference in approximately six months to schedule a new trial 6 date and related dates. Plaintiff Teresa Randolph (“Randolph”) stipulates to this motion. 7 Good cause exists for granting this motion because the parties stipulate to vacating the trial 8 date and scheduling it for a status conference in approximately six months, and the factors in 9 California Rule of Court, Rule 3.1332 weigh in favor of a continuance so that the parties have 10 adequate time to narrow the issues for trial and prepare for trial. 11 The motion will be based on this notice of motion and motion, the memorandum of points 12 and authorities in support of the motion, the written stipulation of the parties, declaration of Jerry 13 Deschler, the pleadings and papers on file in this action, and upon any such other evidence as may 14 be presented at the hearing. 15 /// 16 /// 17 /// 18 /// 19 /// 20 /// 21 /// 22 /// 23 /// 24 /// 25 /// 26 /// 27 /// 28 /// 2 Defendants’ Notice of Motion and Stipulated Motion To Vacate Trial Date and Related Dates (19CV01226) 1 PLEASE ALSO TAKE NOTICE that pursuant to Local Rule 2.9, the court follows the 2 tentative ruling procedure set forth in California Rules of Court, rule 3.1308(a)(1). Tentative 3 rulings on law and motion matters will be available on the Court’s website at 4 www.buttecourt.ca.gov and by telephone at (530) 532-7022 by 3:00 p.m. on the court day 5 preceding the hearing. 6 Dated: August 18, 2021 Respectfully submitted, 7 ROB BONTA Attorney General of California 8 PETER D. HALLORAN Supervising Deputy Attorney General 9 10 11 JERRY J. DESCHLER 12 Deputy Attorney General Attorneys for Defendants 13 Board of Trustees of the California State University, which is the State of California 14 acting in its higher education capacity, Cynthia Daley, and Debra Larson 15 SA2019102196 35379791.docx 16 17 18 19 20 21 22 23 24 25 26 27 28 3 Defendants’ Notice of Motion and Stipulated Motion To Vacate Trial Date and Related Dates (19CV01226) DECLARATION OF SERVICE BY U.S. MAIL Case Name: Teresa Randolph v. Trustees of the California State University, et al. Case No.: l9CV01226 I declare: I am employed in the Office of the Attorney General, which is the office of a member of the California State Bar, at which member's direction this service is made. I am 18 years of age or older and not a party to this matter. I am familiar with the business practice at the Office of the Attorney General for collection and processing of correspondence for mailing with the United States Postal Service. In accordance with that practice, correspondence placed in the internal mail collection system at the Office of the Attorney General is deposited with the United States Postal Service with postage thereon fully prepaid that same day in the ordinary course of business. On August 18, 2021, I served the attached DEFENDANTS' NOTICE OF MOTION AND STIPULATED MOTION TO VACATE TRIAL DATE AND RELATED DATES by . placing a true copy thereof enclosed in a sealed envelope in the internal mail collection system at the Office of the Attorney General at 1300 I Street, Suite 125, P.O. Box 944255, Sacramento, CA 94244-2550, addressed as follows: Thomas Dimitre PO Box 801 Ashland, OR 97520 Attorney for Plaintiff I declare under penalty of perj ury under the laws of the State of California and the United States of America the foregoing is true and correct and that this e aration was executed on August 18, 2021, at Sacramento, California. Sondra R. Bushey Declarant SA2019102196 35385602.docx