Stipulation_and_order_regarding_briefing_schedule_on_demurrers

Demurrer

Cal. Super. - 2nd Dist.December 19, 2019

El ec tr on ic al ly Re ce iv ed 04 /2 9/ 20 20 10 :5 5 AM El ec tr on ic al ly Re ce iv ed 0 4 2 9 / 2 0 2 0 10 :5 5 Ad © 00 39 O N Ln BA W N NN N N N N N N N N m mm e m e m e m e m e m em e d c o NN O N Ln BA A W N D = O O 0 0 N N N R E W I N D = O SHEPPARD, MULLIN, RICHTER & HAMPTON LLP FILED A Limited Liability Partnership simetior Cram of Calferria Including Professional Corporations County of Los Angalas JACK H. RUBENS, Cal. Bar No. 106240 jrubens @sheppardmullin.com 04/29/2020 ZACHARY NORRIS, Cal. Bar No. 268616 Sherri R Carter, Execufive Officer / Ged of Cau znorris @sheppardmullin.com ay: S. Luguana Desuty 333 South Hope Street, 43™ Floor ' Los Angeles, California 90071-1422 Telephone: 213.620.1780 Facsimile: 213.620.1398 Attorneys for C & C Mountaingate Inc. and Castle & Cooke Mountaingate Estates, Inc. SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT Mountaingate Open Space Maintenance Case No. 19STCP05556 Association, mutual benefit corporation, Assigned for all purposes to the Hon. Petitioner, Daniel S. Murphy, Dept. 32 V. STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING City of Los Angeles; Los Angeles Local SCHEDULE ON DEMURRERS Enforcement Authority; Does 1-50, inclusive, Hearing Date: August 7, 2020 Time: 8:30 a.m. Respondents. Department: 32 Monteverdi, LLC; C & C Mountaingate Complaint Filed: ~~ 12/19/2019 Inc.; Castle & Cooke Mountaingate Trial Date: Not Assigned Eatates, Inc; Berggruen Institute and DOES -100, Real Parties in Interest. -1- BRIBES] SHREAI,2 STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE ON DEMURRERS © 00 39 O N Ln BA W N NN N N N N N N N N m mm e m e m e m e m e m em e d c o NN O N Ln BA A W N D = O O 0 0 N N N R E W I N D = O Petitioner MOUNTAINGATE OPEN SPACE MAINTENANCE ASSOCIATION (“MOSMA”); respondent CITY OF LOS ANGELES (“City”); respondent LOS ANGELES LOCAL ENFORCEMENT AGENCY ("LEA"); real parties in interest MONTEVERDI, LLC and BERGGRUEN INSTITUTE (together, the "Berggruen Parties"); and real parties in interest C&C MOUNTAINGATE, INC., and CASTLE & COOKE MOUNTAINGATE ESTATES, INC. (together, "C&C"), collectively referred to herein as the “Parties,” hereby stipulate as follows: WHEREAS, on December 19, 2019, MOSMA filed a Verified Petition for Writ of Mandate (“Petition”) in the above-captioned matter alleging a violation of the California Environmental Quality Act, Public Resources Code sections 21000 ef seq. ("CEQA"); WHEREAS, on March 26, 2020, the Berggruen Parties filed a Demurrer to Petitioner's Verified Petition for Writ of Mandate (the "Berggruen Demurrer") and noticed a hearing on May 11, 2020; WHEREAS on April 9, 2020, the LEA filed a Demurrer to CEQA Petition for Writ of Mandate (the "LEA Demurrer") and noticed a hearing on May 11, 2020; WHEREAS, on April 10, 2020, C&C filed a Demurrer to Verified Petition for Writ of Mandate (the "C&C Demurrer") and noticed a hearing on June 8, 2020; WHEREAS on April 14, 2020, the City filed a Demurrer to Petitioner's Verified Petition for Writ of Mandate (the "City Demurrer," and together with the Berggruen Demurrer, the LEA Demurrer, and the C&C demurrer, the "Demurrers") and noticed a hearing on June 10, 2020; WHEREAS at the time the Demurrers were filed, a Trial Setting Conference was scheduled in the above-captioned action for May 11, 2020; WHEREAS on April 14, 2020, the Court, on its own motion, issued an Order continuing the hearings on the Demurrers and the Trial Setting Conference to July 17, 2020 and providing that the parties were to file their briefs pursuant to the original hearing dates; and 2. BRIBES] SHREAI,2 STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE ON DEMURRERS Oo o o 93 O N nm As W O N p r p t _— 0 9 —_ — — — — — _ ~] aN t h 4 wo — oe 19 WHEREAS on April 20, 2020, the Court. on its own motion. issued an Order continuing the hearings on the Demurrers and the Trial Setting Conference to August 7, 2020. The Court's April 20 Order was silent as to the briefing schedule for the continued Demurrers. NOW, THEREFORE, the Parties, by and through their attorneys of record. hereby stipulate and agree as follows: l. Notwithstanding the provisions of California Code of Civil Procedure section 1005(c), MOSMA will file and serve its briefs in opposition to the Demurrers by July 20, 2020. 2; The Berggruen Parties. the LEA. C&C and the City will file their respective replies to MOSMA''s opposition briefs by July 31. 2020. consistent California Code of Civil Procedure section 1005(c). 3. This stipulation may be executed in counterpart originals and by facsimile or electronic signature, each of which shall be deemed to be an original. and all of which shall constitute one and the same document. IT IS SO STIPULATED. DATED: April 28, 2020 SHEPPARD, MULLIN, RICHTER & HAMPTON LLP 27 \ By: J A JACK H. RUBENS ZACHARY M. NORRIS Attorney for Real Parties in Interest C&C MOUNTAINGATE. INC.: and CASTLE & COOKE MOUNTAINGATE ESTATES. INC. 3 SMRH:4837-3486-8411.1 STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE ON DEMURRERS wn + w o ro NO c e 9 DATED: April 2¥ , 2020 DATED: April. 2020 DATED: April 2¢ , 2020 DATED: AprilZ¥ 2020 SMRH:4837-3486-8411.1 OFFICE OF THE LOS ANGELES CITY ATTORNEY By: i. ae MICHAEL N. FEUER, City Attorney ADRIENNE S. KHORASANEE. Deputy City Attorney LEONARD P. ASLANIAN. Deputy City Attorney Attorneys for Respondent CITY OF LOS ANGELES GIBSON, DUNN & CRUTCHER LLP By: JAMES P. FOGELMAN SHANNON E. MADER KATARZYNA RYZEWSKA Attorneys for Real Parties in Interest MONTEVERDI. LLC: and BERGGRUEN INSTITUTE OFFICE OF THE LOS ANGELES CITY ATTORNEY By: Bone Hl MICHAEL N. FEUER. City Attorney TIMOTHY MCWILLIAMS, Asst. City Attorney ROBERT M. MAHLOWITZ. Deputy City Attorney Attorneys for Respondent LOS ANGELES LOCAL ENFORCEMENT AGENCY CHATTEN-BROWN CARSTENS & MINTEER, LLP By: DOUGLAS P. CARSTENS MICHELLE BLACK Attorney for Petitioner MOUNTAINGATE OPEN SPACE MAINTENANCE ASSOCIATION 4. STIPULATION AND [PROPOSED| ORDER RE BRIEFING SCHEDULE ON DEMURRERS © 00 J O N wn BA W N = N N N N N N N N N Em e m e m e m e m e m p m e d c o NN O N Ln B R A W N = O 0 0 N D R E W I N D = O DATED: April ___, 2020 DATED: April 2Z& 2020 DATED: April ___, 2020 DATED: April ___, 2020 SMRH:4837-3486-8411.1 OFFICE OF THE LOS ANGELES CITY ATTORNEY By: MICHAEL N. FEUER, City Attorney ADRIENNE S. KHORASANEE, Deputy City Attorney LEONARD P. ASLANIAN, Deputy City Attorney Attorneys for Respondent CITY OF LOS ANGELES GIBSON, DUNN & CRUTCHER LLP By: J JAMES PFOGELMAN SHANNON E. MADER KATARZYNA RYZEWSKA Attorneys for Real Parties in Interest MONTEVERDI, LLC; and BERGGRUEN INSTITUTE OFFICE OF THE LOS ANGELES CITY ATTORNEY By: MICHAEL N. FEUER, City Attorney TIMOTHY MCWILLIAMS, Asst. City Attorney ROBERT M. MAHLOWITZ, Deputy City Attorney Attorneys for Respondent LOS ANGELES LOCAL ENFORCEMENT AGENCY CHATTEN-BROWN CARSTENS & MINTEER, LLP By: DOUGLAS P. CARSTENS MICHELLE BLACK Attorney for Petitioner MOUNTAINGATE OPEN SPACE MAINTENANCE ASSOCIATION 4 STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE ON DEMURRERS © 00 39 O N Ln BA W N NN N N N N N N N N m mm e m e m e m e m e m em e d c o NN O N Ln BA A W N D = O O 0 0 N N N R E W I N D = O Pursuant to the above Stipulation executed by the Parties, IT IS SO ORDERED. DATED: April 29 , 2020 SMRH:4837-3486-8411.2 “TPROPESED] ORDER Daniel 5. Murphy f Judge HON. DANIEL S. MURPHY Judge of the Superior Court _5. STIPULATION AND [PROPOSED] ORDER RE BRIEFING SCHEDULE ON DEMURRERS © 00 39 O N Ln BA W N NN N N N N N N N N m mm e m e m e m e m e m em e d c o NN O N Ln BA A W N D = O O 0 0 N N N R E W I N D = O PROOF OF SERVICE Mountaingate Open Space Maintenance Association v. City of Los Angeles, et al. Case No. 19STCP05556 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES At the time of service, I was over 18 years of age and not a party to this action. | am employed in the County of Los Angeles, State of California. My business address is 333 South Hope Street, 43rd Floor, Los Angeles, CA 90071-1422. On April 28, 2020, I served true copies of the following document(s) described as STIPULATION AND [PROPOSED] ORDER REGARDING BRIEFING SCHEDULE ON DEMURRERS on the interested parties in this action as follows: SEE ATTACHED SERVICE LIST BY ELECTRONIC SERVICE: I served the document(s) on the person listed in the Service List by submitting an electronic version of the document(s) to One Legal, LLC, through the user interface at www.onelegal.com. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on April 28, 2020, at Los Angeles, California. /s/ Regina Gordon Regina Gordon SMRH:4844-6871-0329.1 PROOF OF SERVICE © 00 39 O N Ln BA W N NN N N N N N N N N m mm e m e m e m e m e m em e d c o NN O N Ln BA A W N D = O O 0 0 N N N R E W I N D = O SERVICE LIST Douglas P. Carstens, Esq. Michelle Black, Esq. CHATTEN-BROWN, CARSTENS & MINTEER LLP 2200 Pacific Coast Highway, Suite 318 Hermosa Beach, California 90254 Email: dpc@cbcearthlaw.com Email: mnb@cbcearthlaw.com Robert M. Mahlowitz Deputy City Attorney Los Angeles City Attorney’s Office 200 N. Main Street, CHE Room 701 Los Angeles, California 90012 Email: Robert.Mahlowitz@]lacitv.org Michael N. Feuer City Attorney Terry P. Kaufmann Macias Sr. Asst. City Attorney Adrienne S. Khorasanee Deputy City Attorney Leonard P. Aslanian Deputy City Attorney 200 N. Main Street, 701 City Hall East Los Angeles, California 90012 Email: adrienne.khorasanee @lacity.org Email: aslanian @lacity.org James P. Fogelman, Esq. Shannon E. Mader, Esq. Katarzyna Ryzewska, Esq. GIBSON, DUNN & CRUTCHER LLP 2029 Century Park East Los Angeles, California 90067 Email: jfogelman @ gibsondunn.com Email: smader@ gibsondunn.com Email: kryzewska@ gibsondunn.com SMRH:4844-6871-0329.1 Counsel for Petitioner Mountaingate Open Space Maintenance Association Counsel for Respondent Los Angeles Local Enforcement Agency Counsel for Respondent City of Los Angeles Counsel for Real Parties in Interest Mounteverdi, LLC and Berggruen Institute PROOF OF SERVICE