Preview
E-FILED
9/25/2017 1:46 PM
DOUGLAS T. SLOAN, City Attorney FRESNO COUNTY SUPERIOR COURT
CITY OF FRESNO By: K. Daves, Deputy
By: Stephanie M. Snyder, Deputy City Attorney (#258691)
2600 Fresno Street, Room 2031
Fresno, California 93721-3602
Telephone: (559) 621-7500 Exempt From Filing Fees Pursuant
Facsimile: (559) 488-1084 To Government Code Section 6103
Attorneys for Defendants, CITY OF FRESNO
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF FRESNO
REZA MOHAMMADI (1% MVA) AND Case No.: 16CECG01808
10 FARHAN MOHAMMADI (2 MVA)
DECLARATION OF STEPHANIE M.
1 Plaintiff, SNYDER PURSUANT TO CCP § 430.41
RE GOOD FAITH ATTEMPT TO MEET
12 AND CONFER PRIOR TO DEADLINE
VS.
TO FILE RESPONSIVE PLEADING
13
LARRY MATTSON (1°' MVA) CITY OF
14 FRESNO AND STEVE WALLACE (2%? Action Filed: 06/06/16
MVA), and Does | to 100, inclusive, Trial Date: None Set
15
16 Defendants.
17 1 ! am an attorney at law and admitted to practice before all the courts in the State
18 of California and a Deputy City Attorney with the City Attorney’s Office of Fresno. I am the
19 attorney of record for Defendant, City of Fresno, (the “City”) in the above entitled action. The
20 facts contained in this declaration are based upon my personal knowledge, and the review of the
21 files and records, and if called upon to testify to the facts contained herein, 1 would and could
22 competently do so.
23 2 Plaintiff. who is represented by counsel, Rodney C. Haron, filed his complaint
24 against the City on June 6, 2016.
25 3 A First Amended Complaint was filed on August 2, 2017, which added a second
26 motor vehicle collision, a second Plaintiff, and a third Defendant.
27 4 The First Amended Complaint fails to identify a statutory basis of liability against
28 the City, a government entity, and fails to state that Plaintiff has complied with the claims
1
CITY ATTORNEY Mohammadi v. City of Fresno, et al.
CITY HALL. Case No.: 16CECG01808
FRESNO, CA 93721
Declaration of Stephanie M. Snyder
statute, both of which are grounds for Demurrer. Additionally, the second motor vehicle collision
added to the First Amended Complaint is not reasonably related to the motor vehicle collision at
issue in the initial Complaint, and they are improperly pleaded in the same Complaint, making
the Complaint unintelligible, ambiguous, and confusing.
5 Plaintiff served the City on August 29, 2017.
6 On September 13, 2017, I sent a meet and confer letter to Plaintiffs counsel
regarding the issues in the Complaint that are subject to demurrer, as explained briefly above,
and asked Plaintiffs to amend the Complaint. A true and correct copy of the September 13,
2017, letter is attached hereto as Exhibit “A”.
10 7 On September 22, 2017, at approximately 3:00 p.m., I contacted Mr. Haron’s
ll office by telephone to discuss the Complaint and request again that it be amended. I was advised
12 that Mr. Haron was out of town, but the case manager would get back to me.
2
13 8 On September 25, 2017, at approximately 10:30 a.m., I again telephoned Mr.
14 Haron’s office to discuss the deficiencies in the Complaint and request that it be amended due to
15 those deficiencies. [ was advised Mr. Haron was unavailable, but that the case manager, Sonya,
16 would get back to me.
17 9 The City of Fresno’s responsive pleading is due on September 28, 2017. As set
18 forth above, the City has made three attempts to meet and confer with Mr. Haron prior to the
19 deadline, to request he amend the Complaint, however, the City has been unable to speak with
20 Mr. Haron regarding the deficiencies of the Complaint, or to receive a response as to whether he
21 intends to amend. whether he will grant the City an extension to file a responsive pleading, or to
22 discuss anything related to this action.
23 10. Pursuant to Code of Civil Procedure section 430.41, I have made a good faith
24 attempt to meet and confer with Plaintiff prior to the date a responsive pleading is due. To date
25 we have been unable to resolve the issues with the Complaint and Plaintiff has not yet filed an
26 Amended Complaint. Accordingly, a 30 day extension to respond to the Complaint should be
27 granted to permit additional time to meet and confer and for Plaintiff to file an Amended
28 Complaint, while protecting the City from Plaintiff filing a request for default.
2
CITY ATTORNEY Mohammadi v. City of Fresno, et al.
CITY HALL. Case No.: 16CECG01808
FRESNO, CA 93721
Declaration of Stephanie M. Snyder
I declare under penalty of perjury, under the laws of the State of California and
the United States of America, that the foregoing is true and correct, and that this declaration was
executed on September 25, 2017, at Fresno, California.
STEPHANIE M. S. DER
SMS;js[76930js/sms|
10
il
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CITY ATTORNEY Mohammadi v. City of Fresno, et al.
CITY HALL Case No.: 16CECG01808
FRESNO, CA 93721
Declaration of Stephanie M. Snyder
EXHIBIT A
Gity of
EDR
re ear ane
Douglas T. Sloan
City Attorney
September 13, 2017
VIA U.S. MAIL
Rodney C. Haron
1617 W. Shaw Avenue, Suite B
Fresno, CA 93711
Re: Mohammadi v. City of Fresno, et al.
Fresno County Superior Court No.: 146CECG01808
CA File No.: 1-10720
Dear Mr. Haron,
This matter has been assigned to me for further handling. | am addressing this letter to
you because it is my understanding you represent Plaintiffs Reza and Farhan
Mohammadi in the above referenced lawsuit. | am quite baffled by the amended
complaint, and do not understand how you can tack on a claim that does not arise from
the same nucleus of facts as the original complaint. In any event, no claim was submitted
by the Plaintiffs for that accident, so | need confirmation from you that the only claim
against the City and Mr. Wallace is for the November 9, 2015 incident, and that you are
not alleging that Larry Mattson is a City of Fresno employee, as he is not.
Additionally, your client's complaint contains deficiencies as it relates to the City. This
letter is the City's meet and confer requesting you amend the complaint to cure the
deficiencies.
All tort causes of action against public entities are based on statute, e.g., Government
Code Section 815. Ail causes of action against a public entity must be pleaded with
particularity, showing every fact essential to the existence of statutory liability. (Lopez v.
Southern California Rapid Transit District (1985) 40 Cal.3d 780, 795.) This includes a
cause of action for negligence. Although negligence may usually be pleaded in general
terms, because governmental tort liability is based on statute, every fact material to its
existence must be pleaded with particularity. (/bid.) Before we file a responsive pleading
to the Complaint, and based on the requirements set forth in C.C.P. section 430.41, this
letter shall serve as my first effort to meet and confer regarding the deficiencies in the
complaint. The general negligence and negligent entrustment causes of action fail to
state a claim, as neither plead nor identify the statutory basis for liability, and neither are
plead with particularity. Accordingly, we ask that you amend your complaint to sufficiently
allege the stated causes of action. We would appreciate receiving any photographs,
witness statements, or damage documents that you are willing to provide to us informally.
Furthermore, if other parties are involved in this lawsuit, or become involved later, we
would appreciate receiving notification from you of the names and addresses of those
City Hall + Fresno, California 93721 + (559) 621-7500 + FAX (559) 488-1084
Rodney Haron, Esq.
September 13, 2016
Page 2 of 2
individuals and their respective attorneys, if any, so that we may keep our proof of service
updated.
Should you have any questions regarding the foregoing, please do not hesitate to contact
me.
Very truly yours,
_Atyehian U [1 AryollA
STEPHANIE M. SNYDER
Deputy City Attorney
SMS;js [76801js/sms}
PROOF OF SERVICE
CCP §§ 1011, 1013, 1013a, 2015.5
FRCP 5(b)
STATE OF CALIFORNIA, COUNTY OF FRESNO
Tam employed in the County of Fresno, State of California. I am over the age of 18 and
not a party to the within action; my business address is 2600 Fresno Street, Fresno, CA 93721-
3602.
On September 25, 2017, I served the document described as DECLARATION OF
STEPHANIE M. SNYDER PURSUANT TO CCP § 430.41 RE GOOD FAITH ATTEMPT
TO MEET AND CONFER PRIOR TO DEADLINE TO FILE RESPONSIVE PLEADING
on the interested parties in this action 0 by placing the true copies thereof enclosed in sealed
envelopes addressed as stated on the attached mailing list: l@ by placing O the original la true
9 copy thereof enclosed in sealed envelopes addressed as follows:
10
Rodney C. Haron
1 A Professional Corporation
1617 W. Shaw Avenue, Suite B
12 Fresno, CA 93711
13 (Attorney for Plaintiff)
14 ™BY MAIL (11 deposited such envelope in the mail at Fresno, California. The envelope was
mailed with postage thereon fully prepaid.
15
16 ® As follows: I am “readily familiar” with the firm’s practice of collection and
processing correspondence for mailing. Under that practice it would be deposited
17 with U.S. postal service on that same day with postage thereon fully prepaid at
Fresno, California in the ordinary course of business. I am aware that on motion
18
of the party served, service is presumed invalid if postal cancellation date or
19 postage meter date is more than one day after date of deposit for mailing in
affidavit.
20
O (BY FAX) | caused the above-referenced document to be transmitted by fax to the
21
addressee(s) at the fax number(s) shown.
22
23 Executed on September 25, 2017, at Fresno, California.
24
: @ (State) I declare under penalty of perjury under the laws of the State of California that the
25 above is true and correct.
26
27
Juli Stal rd
28
CITY ATTORNEY Mohammadi v. City of Fresno, et al.
CITY HALL Case No.: 16CECG01808
FRESNO, CA 93721
Preview
E-FILED 9/25/2017 1:46 PM DOUGLAS T. SLOAN, City Attorney FRESNO COUNTY SUPERIOR COURT CITY OF FRESNO By: K. Daves, Deputy By: Stephanie M. Snyder, Deputy City Attorney (#258691) 2600 Fresno Street, Room 2031 Fresno, California 93721-3602 Telephone: (559) 621-7500 Exempt From Filing Fees Pursuant Facsimile: (559) 488-1084 To Government Code Section 6103 Attorneys for Defendants, CITY OF FRESNO IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF FRESNO REZA MOHAMMADI (1% MVA) AND Case No.: 16CECG01808 10 FARHAN MOHAMMADI (2 MVA) DECLARATION OF STEPHANIE M. 1 Plaintiff, SNYDER PURSUANT TO CCP § 430.41 RE GOOD FAITH ATTEMPT TO MEET 12 AND CONFER PRIOR TO DEADLINE VS. TO FILE RESPONSIVE PLEADING 13 LARRY MATTSON (1°' MVA) CITY OF 14 FRESNO AND STEVE WALLACE (2%? Action Filed: 06/06/16 MVA), and Does | to 100, inclusive, Trial Date: None Set 15 16 Defendants. 17 1 ! am an attorney at law and admitted to practice before all the courts in the State 18 of California and a Deputy City Attorney with the City Attorney’s Office of Fresno. I am the 19 attorney of record for Defendant, City of Fresno, (the “City”) in the above entitled action. The 20 facts contained in this declaration are based upon my personal knowledge, and the review of the 21 files and records, and if called upon to testify to the facts contained herein, 1 would and could 22 competently do so. 23 2 Plaintiff. who is represented by counsel, Rodney C. Haron, filed his complaint 24 against the City on June 6, 2016. 25 3 A First Amended Complaint was filed on August 2, 2017, which added a second 26 motor vehicle collision, a second Plaintiff, and a third Defendant. 27 4 The First Amended Complaint fails to identify a statutory basis of liability against 28 the City, a government entity, and fails to state that Plaintiff has complied with the claims 1 CITY ATTORNEY Mohammadi v. City of Fresno, et al. CITY HALL. Case No.: 16CECG01808 FRESNO, CA 93721 Declaration of Stephanie M. Snyder statute, both of which are grounds for Demurrer. Additionally, the second motor vehicle collision added to the First Amended Complaint is not reasonably related to the motor vehicle collision at issue in the initial Complaint, and they are improperly pleaded in the same Complaint, making the Complaint unintelligible, ambiguous, and confusing. 5 Plaintiff served the City on August 29, 2017. 6 On September 13, 2017, I sent a meet and confer letter to Plaintiffs counsel regarding the issues in the Complaint that are subject to demurrer, as explained briefly above, and asked Plaintiffs to amend the Complaint. A true and correct copy of the September 13, 2017, letter is attached hereto as Exhibit “A”. 10 7 On September 22, 2017, at approximately 3:00 p.m., I contacted Mr. Haron’s ll office by telephone to discuss the Complaint and request again that it be amended. I was advised 12 that Mr. Haron was out of town, but the case manager would get back to me. 2 13 8 On September 25, 2017, at approximately 10:30 a.m., I again telephoned Mr. 14 Haron’s office to discuss the deficiencies in the Complaint and request that it be amended due to 15 those deficiencies. [ was advised Mr. Haron was unavailable, but that the case manager, Sonya, 16 would get back to me. 17 9 The City of Fresno’s responsive pleading is due on September 28, 2017. As set 18 forth above, the City has made three attempts to meet and confer with Mr. Haron prior to the 19 deadline, to request he amend the Complaint, however, the City has been unable to speak with 20 Mr. Haron regarding the deficiencies of the Complaint, or to receive a response as to whether he 21 intends to amend. whether he will grant the City an extension to file a responsive pleading, or to 22 discuss anything related to this action. 23 10. Pursuant to Code of Civil Procedure section 430.41, I have made a good faith 24 attempt to meet and confer with Plaintiff prior to the date a responsive pleading is due. To date 25 we have been unable to resolve the issues with the Complaint and Plaintiff has not yet filed an 26 Amended Complaint. Accordingly, a 30 day extension to respond to the Complaint should be 27 granted to permit additional time to meet and confer and for Plaintiff to file an Amended 28 Complaint, while protecting the City from Plaintiff filing a request for default. 2 CITY ATTORNEY Mohammadi v. City of Fresno, et al. CITY HALL. Case No.: 16CECG01808 FRESNO, CA 93721 Declaration of Stephanie M. Snyder I declare under penalty of perjury, under the laws of the State of California and the United States of America, that the foregoing is true and correct, and that this declaration was executed on September 25, 2017, at Fresno, California. STEPHANIE M. S. DER SMS;js[76930js/sms| 10 il 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY ATTORNEY Mohammadi v. City of Fresno, et al. CITY HALL Case No.: 16CECG01808 FRESNO, CA 93721 Declaration of Stephanie M. Snyder EXHIBIT A Gity of EDR re ear ane Douglas T. Sloan City Attorney September 13, 2017 VIA U.S. MAIL Rodney C. Haron 1617 W. Shaw Avenue, Suite B Fresno, CA 93711 Re: Mohammadi v. City of Fresno, et al. Fresno County Superior Court No.: 146CECG01808 CA File No.: 1-10720 Dear Mr. Haron, This matter has been assigned to me for further handling. | am addressing this letter to you because it is my understanding you represent Plaintiffs Reza and Farhan Mohammadi in the above referenced lawsuit. | am quite baffled by the amended complaint, and do not understand how you can tack on a claim that does not arise from the same nucleus of facts as the original complaint. In any event, no claim was submitted by the Plaintiffs for that accident, so | need confirmation from you that the only claim against the City and Mr. Wallace is for the November 9, 2015 incident, and that you are not alleging that Larry Mattson is a City of Fresno employee, as he is not. Additionally, your client's complaint contains deficiencies as it relates to the City. This letter is the City's meet and confer requesting you amend the complaint to cure the deficiencies. All tort causes of action against public entities are based on statute, e.g., Government Code Section 815. Ail causes of action against a public entity must be pleaded with particularity, showing every fact essential to the existence of statutory liability. (Lopez v. Southern California Rapid Transit District (1985) 40 Cal.3d 780, 795.) This includes a cause of action for negligence. Although negligence may usually be pleaded in general terms, because governmental tort liability is based on statute, every fact material to its existence must be pleaded with particularity. (/bid.) Before we file a responsive pleading to the Complaint, and based on the requirements set forth in C.C.P. section 430.41, this letter shall serve as my first effort to meet and confer regarding the deficiencies in the complaint. The general negligence and negligent entrustment causes of action fail to state a claim, as neither plead nor identify the statutory basis for liability, and neither are plead with particularity. Accordingly, we ask that you amend your complaint to sufficiently allege the stated causes of action. We would appreciate receiving any photographs, witness statements, or damage documents that you are willing to provide to us informally. Furthermore, if other parties are involved in this lawsuit, or become involved later, we would appreciate receiving notification from you of the names and addresses of those City Hall + Fresno, California 93721 + (559) 621-7500 + FAX (559) 488-1084 Rodney Haron, Esq. September 13, 2016 Page 2 of 2 individuals and their respective attorneys, if any, so that we may keep our proof of service updated. Should you have any questions regarding the foregoing, please do not hesitate to contact me. Very truly yours, _Atyehian U [1 AryollA STEPHANIE M. SNYDER Deputy City Attorney SMS;js [76801js/sms} PROOF OF SERVICE CCP §§ 1011, 1013, 1013a, 2015.5 FRCP 5(b) STATE OF CALIFORNIA, COUNTY OF FRESNO Tam employed in the County of Fresno, State of California. I am over the age of 18 and not a party to the within action; my business address is 2600 Fresno Street, Fresno, CA 93721- 3602. On September 25, 2017, I served the document described as DECLARATION OF STEPHANIE M. SNYDER PURSUANT TO CCP § 430.41 RE GOOD FAITH ATTEMPT TO MEET AND CONFER PRIOR TO DEADLINE TO FILE RESPONSIVE PLEADING on the interested parties in this action 0 by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list: l@ by placing O the original la true 9 copy thereof enclosed in sealed envelopes addressed as follows: 10 Rodney C. Haron 1 A Professional Corporation 1617 W. Shaw Avenue, Suite B 12 Fresno, CA 93711 13 (Attorney for Plaintiff) 14 ™BY MAIL (11 deposited such envelope in the mail at Fresno, California. The envelope was mailed with postage thereon fully prepaid. 15 16 ® As follows: I am “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited 17 with U.S. postal service on that same day with postage thereon fully prepaid at Fresno, California in the ordinary course of business. I am aware that on motion 18 of the party served, service is presumed invalid if postal cancellation date or 19 postage meter date is more than one day after date of deposit for mailing in affidavit. 20 O (BY FAX) | caused the above-referenced document to be transmitted by fax to the 21 addressee(s) at the fax number(s) shown. 22 23 Executed on September 25, 2017, at Fresno, California. 24 : @ (State) I declare under penalty of perjury under the laws of the State of California that the 25 above is true and correct. 26 27 Juli Stal rd 28 CITY ATTORNEY Mohammadi v. City of Fresno, et al. CITY HALL Case No.: 16CECG01808 FRESNO, CA 93721