OrderCal. Super. - 6th Dist.November 19, 2021\OOONONUILUJNH NNNNNNNNNr-Hr-Hh-r-Ah-kr-AHH OONONm-PWNHOCOONONUI-PUJNHO SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA APPELLATE DIVISION SHAWN MCGRADY, No. 21AP002’757 Petitioner, Trial Ct No. C2113110 V. SUPERIOR COURT, COUNTY ORDER MODIFYING OF SANTA CLARA, (Limited Jurisdiction), TEMPORARY STAY OF INTERIM ORDER TO Respondent, SURRENDER OR TRANSFER FIREARMS PEOPLE OF THE STATE OF CALIFORNIA, Real Party in Interest. Filed December 13, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 21AP002757 By: raragon 21AP002757 \OOONONUILUJNH NNNNNNNNNr-Hr-Hh-r-Ah-kr-AHH OONONm-PWNHOCOONONUI-PUJNHO On November 19, 2021, at petitioner’s request, we issued a temporary stay 0f the trial court’s interim order t0 petitioner t0 surrender 0r transfer firearms t0 a licensed dealer or law enforcement agency. Concurrently With the petitioner’s filing 0f the petition, he also filed a motion before the trial court to reconsider its interim order that is the subject 0f our stay order. That motion was heard 0n November 19, 2021, in D. 44, but the court properly declined t0 change its interim ruling 0n account 0f the stay order. But, according t0 petitioner, the court also apparently indicated at that hearing that it was “prepared t0 grant the motion and rescind its previous order regarding the transfer 0f firearms” absent the stay. Petitioner then requested that we modify our stay order t0 expressly allow the trial court to reconsider and rescind its prior order, Which would moot the petition. Petitioner provided a reporter’s transcript of the November 19, 2021 hearing along With his request t0 modify the stay order, Which supports this request. A reading of that transcript also reveals a potential discrepancy between the eight guns for which petitioner already provided proof 0f transfer t0 his mother and three guns that the People claimed still remain registered t0 him as shown 0n a state registry. The parties expressed their intention at the hearing to cross-reference the serial numbers 0f the guns to ascertain any discrepancy. We accordingly modify our temporary stay order 0f November 19, 2021, as follows: 1. Despite the stay order, the trial court may proceed to reconsider and rescind 0r vacate its prior order directing petitioner t0 surrender 0r transfer firearms, which have already been shown to have been transferred t0 his mother, t0 a licensed dealer 0r law enforcement agency. 2. The stay order applies only t0 firearms as to which petitioner has provided proof 0f transfer. The trial court remains free to order transfer or surrender of any firearms owned or possessed by petitioner as t0 Which he has not shown proof 0f transfer. 21AP002757 \OOOQONUILUJNv-t NNNNNNNNNHHHHHHHHHH OOQONUl-bUJNb-‘OOOOQONUI-bwwb-‘O 3. This modified stay in n0 way affects the jury trial now currently set t0 begin 0n January 31, 2022, 0r settlement discussions ordered for January 25, 2022. McGrady must inform the Appellate Division Within 10 days 0f any developments in the trial court that may affect this writ petition, including but not limited t0, the mooting 0f the petition by the trial court’s rescission or vacation 0f its prior order, any further change in the trial start date, any decision he makes to enter a plea, and/or the outcome of the trial. McGrady must also arrange to provide a reporter’s transcript of any relevant proceeding as soon as reasonably possible. The Appellate Division clerk must immediately notify the parties and the clerk 0f the respondent court 0f this modification t0 the stay order by telephone or email. The clerk of the respondent court must then immediately notify the Honorable Johnny Gogo (in D. 44) of this modified stay order. (Cal. Rules 0f Court, rule 8.934(b)(1).) It is so ordered. Dated:W021 Hon. Helen E. Williams Presiding Judge, Appellate Division Dated; December 13, 2021 Q Hon. Carrie A.{Zef)eda Judge, Appellate Division Dated; December 13, 2021 WM Hon. Frederick S. Chung Judge, Appellate Division 21AP002757 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE 191 NORTH FIRST STREET SAN JOSE, CALIFORNIA 951 13 CIVIL DIVISION FILE COPY RE: Shawn McGrady vs Santa Clara County Superior Court Case Number: 21AP002757 I C2113110 PROOF OF SERVICE Order Modifying Temporary Stay of Interim Order to Surrender or Transfer Firearms was delivered to the parties listed below the above entitled case as set forth in the sworn declaration below. If you, a party represented by you, or a witness to be called on behalf of that party need an accommodation under the American with Disabilities Act, please contact the Court Administrator's office at (408) 882-2700, or use the Court’s TDD line (408) 882-2690 or the Voice/TDD California Relay Service (800) 735-2922. DECLARATION OF SERVICE BY MAIL: | declare that | served this notice by enclosing a true copy in a sealed envelope, addressed to each person whose name is shown below, and by depositing the envelope with postage fully prepaid, in the United States Mail at San Jose, CA on December 13, 2021. CLERK OF THE COURT, by Rachel Aragon, Deputy. cc: Honorable Johnny Gogo Santa Clara County Superior Court 191 N First Street San Jose CA 951 13 San Jose Facility - Criminal Santa Clara County Superior Court 191 N First Street San Jose CA 951 13 Bruce C Funk Law Office of Bruce C Funk 46 West Santa Clara Street San Jose CA 95113 Lisa G Herrick Santa Clara County Superior Court 191 N First ST San Jose CA 951 13 Kaci R Lopez District Attorneys Office 7O W Hedding St West Wing 6th Floor San Jose CA 951 10 cw-9027 REV 12/08/16 PROOF OF SERVICE Filed December 13, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 21AP002757 By: raragon