Order filed

Cal. Super. - 5th Dist.March 4, 2021

A OOOOVONUI 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 '27 28 ROB BONTA 2. [:3 F; Attorney GeneralofCalifomia F u L 1:: ‘ i _}DARRELL W. SPENCE Supervising Deputy Attorney General W . . BRENDA A. RAY fiUfi 3 U 2021 Deputy Attorney General WESNO SUMJQKM 01mm State Bar No. 164564 1300 I Street, Suite 125 ‘79s? '” P.O. Box 944255 Sacramento, CA 94244-2550 RECEIVED Telephone: (916) 210-7896 8/26/2021 4146 PM Fax: (916) 324-5567 FRESNO COUNTY SUPERIOR COURT E-mail: Brenda.R§y@doj.ca.g0v By; A. Ramos, Deputy Attorneysfor Respondents Department ofState Hospitals, Price, and Hicks ' Exemptfrom Filing Fees Pursuant t0 Government Code § 6103 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO ALLAN FLETCHER, Case No. 21 CECG00672 Petitioner, RESPONDENTS’ EX PARTE APPLICATION FOR ORDER v. AMENDING BRIEFING SCHEDULE; DECLARATION OF BRENDA RAY;[m9] ORDER CALIFORNIA DEPARTMENT OF STATE HOSPITALS; STEPHANIE CLENDENIN, Dept: 404 4 DSH DIRECTOR; BRANDON PRICE, Judge: The Honorable Mark Cullers DSH-COALINGA EXECUTIVE Action Filed: March 4, 2021 DIRECTOR; FRANCES HICKS, DSH- COALINGA CLINICAL ADMINISTRATOR; AND JOHN/JANE DOES 1 - 10, Respondents. Respondents Department of State Hospitals, Brandon Price, and Frances Hicks, through their counsel, respectfully appvly ex parte for an order amending the briefing schedule in this / action, specifically the due date of respondents’ brief in opposition to the writ petition and complaint for declaratory relief. /// /// /// 1 Respondents’ Ex Parte Application For Order Amending Briefing Schedule; Declaration Of Brenda Ray; [Proposed] Order (2 1 CECG00672) #UJN OOOONQUI 11 12 13 14 15 16 17 l8 19 20 21 22 23 24 25 26 27 28 This application is made on the ground that petitioner’s opening brief, due to be filed on July 30, 2021, was apparently delayed in the mail as counsel for respondents did not receive it until August 16, 2021, seventeen days later. Respondents would like to address all of the important issues raised in the writ petition and complaint for declaratory relief, as well as petitioner’s opening brief, but are unable to do so in the time remaining until their opposition brief is due on August 3 1, 2021. Petitioner has agreed that the time for respondents to file their opposition brief, currently due on August 31, 2021, may be extended until September 17, 2021. Petitioner has also agreed that the Court can grant respondents’ ex parte request to amend the briefing schedule on the papers without a hearing. (Ex. A.) LEGAL STANDARD Trial courts have the “inherent authority to control their own calendars and dockets.” (Walker v. Super. Ct. (1991) 53 Cal.3d 257, 267; see also Rutherford v. Owens-Illinois, Inc. (1997) 16 Cal.4th 953, 967 [noting that “courts have fundamental inherent equity, supervisory, and administrative powers, as well as inherent power to control litigation before them”]; Cal. Rules of Court, rule 3.1322, subd. (d) [continuance of trial dates].) The Court may grant a request for extension oftime “upon good cause shown.” (Code Civ. Proc., § 1054, subd. (a).) The extension of time “shall be granted” when all parties agree in writing to the extension. (Code Civ. Proc., § 1054, subd. (b).) LEGAL ARGUMENT This Court should find that good cause exists to grant respondents’ application for an order amending the briefing schedule and extend the time for respondents to file their brief in opposition to the writ petition and complaint for declaratory relief. Respondents met and conferred with petitioner who has agreed to the amended briefing schedule. (Ray Decl., 1m 5-6.) The extension is due to circumstances outside the control of the parties as petitioner mailed his opening brief on June 30, 2021, but it was not received by respondents’ counsel until seventeen days later on August 16, 2021. (Ray Decl., 11 3.) This does not allow respondents adequate time to respond to the allegations in the petition/complaint nor the arguments and evidence in petitioner’s 2 Respondents’ Ex Parte Application For Order Amending Briefing Schedule; Declaration Of Brenda Ray; [Proposed] Order (2]CECGOO672) OCOONONUI-PWNfl NNNNNNNNN-p-Aflflflp-A-Hfl- WQQm-PMNHOOWQQM#WN# opening brief. (Ray Decl., fl 4.) Respondents are not aware of any prejudice that will result to petitioner from granting the ex parte request as he agreed to the proposed briefing schedule. (Ray Decl., 11 7.) In any event, Respondents would have no objection if the Court were to provide petitioner with additional time to file and serve his reply brief. No previous extensions of time have been sought or granted. (Ray Decl., 11 8.) CONCLUSION For all the reasons stated, this Court should grant respondents’ ex parte application for an order amending the briefing schedule and extending the time for respondents to file their brief in opposition to the writ petition and complaint for declaratory relief. Dated: August 26, 2021 3 Respectfully submitted, ROB BONTA Attorney General of California DARRELL W. SPENCE Supervising Deputy Attorney General BRENDA A. RAY Deputy Attorney General Attorneysfor Respondents Department 0f State Hospitals, Price, and Hicks Respondents’ Ex Parte Application For Order Amending Briefing Schedule; Declaration Of Brenda Ray; [Proposed] Order (21CECG00672) N N N N N N N N N N -‘ - '-‘ r-t - - H r-A -- fl I W Q O\ U! A DJ N -' O O W fl ON UI -P b) N -‘ O NO 00 fl ON kl! h U) DECLARATION OF BRENDA RAY IN SUPPORT 0F EX PARTE APPLICATION I, Brenda A. Ray, declare as follows: l. I am a Deputy Attorney General for the State of California, duly admitted to practice before all courts of the State of California, and am attorney for respondents Department of State Hospitals, Price, and Hicks in this action. I have personal knowledge of the facts stated herein and would competently testify thereto if called upon to do so. 2. The Court’s June 30, 2021 , Minute Order specifies that petitioner’s opening brief is to be filed and served on or before July 30, 2021, respondents’ opposition brief is to be filed and served on or before August 3 1 , 2021, and petitioner’s reply brief is to be filed and served on or before September 30, 2021, with a hearing to occur on October 27, 2021. 3. On August 16, 2021, I received petitioner’s opening brief, accompanied by a proof 0f service dated July 30, 2021. The postage on the envelope was dated August 5, 2021. 4. Given my other deadlines and court hearings, I do not have adequate time prior to August 31, 2021, to address all of the importantjssues raised in the writ petition and complaint for declaratory relief and opening brief. 5. On August 25, 2021, I caused a letter to be sewed on petitioner explaining the delay in receipt of his opening brief and asking if petitioner would agree to an extension of time for respondents to file their brief in response to the writ petition and complaint for declaratory relief to September 17, 2021. In that letter, I also asked whether petitioner would agree that the Court may hear the request for extension of time without a hearing (i.e., on the ex parte papers). (Ex. A.) 6. On August 25, 2021, petitioner agreed to the proposed amendment to the briefing schedule such that respondents could file their brief in response to the writ petition and complaint for declaratory relief by September 17, 2021. Petitioner also agreed that the Court may hear the request for extension of time on the ex parte papers without a hearing. (Ex. A.) 7. This amendment to the briefing schedule will allow petitioner thirteen days to prepare, file, and serve his reply brief. Respondents would have no objection if the Court were to provide petitioner with additional time to file and serve his reply brief. 4 Respondents’ Ex Parte Application For Order Amending Briefing Schedule; Declaration Of Brenda Ray; [Proposed] Order (21CECGOO672) UI-PWN \OOOQQ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8. No previous extensions of time have been requested or granted. I declare under penalty of perjury of the laws of California that I am competent to testify as a witness, I have read the foregoing statement and know its contents, the foregoing is true and correct and based on my personal knowledge, and, if called as a witness, I would so testify. Executed on August 26, 2021, at Sacramento, California. WL/ BRENDA A. RAY 5 Respondents’ Ex Parte Application For Order Amending Briefing Schedule; Declaration Of Brenda Ray; [Proposed] Order (21CEC600672) OOONON 10 11 12 13 14 15 16 17- 18 19 20 21 22 23 24 25 26 27 28 WEB] ORDER Having read and considered the foregoing application requesting an amendment to the briefing schedule and good cause appearing therefor: r IT IS SO ORDERED that the application is granted. Respondents are to file and serve their brief in opposition to the writ petition and complaint for declaratory relief on or before September 17,2021. Dated: X/Qé/Z/ #M.. T E HONORABLE MARK CULLERS Judge ofthe Superior Court SA2021301534 35409122.docx 6 Respondents’ Ex Parte Application For Order Amending Briefing Schedule; Declaration Of Brenda Ray; [Proposed] Order (21CECG00672) DECLARATION OF SERVICE BY U.S. MAIL Case Name: Allan Fletcher v. Stephanie Clendenin, et al. Case No.: 21CECG00672 I declare: I am employed in the Office of the Attorney General, which is the office of a member 0f 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 0f business. On August 26, 2021, I served the attached RESPONDENTS’ EX PARTE APPLICATION FOR ORDER AMENDING BRIEFING SCHEDULE; DECLARATION 0F BRENDA RAY; AND [PROPOSED] ORDER 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: Allan Fletcher, #1460-5 Coalinga State Hospital 245 11 W. Jayne Avenue Coalinga, CA 93210 I declare under penalty of perjury under the laws of the State of California and the United States of America the foregoing is true and correct and that this declaratio was executed on AUgust 26, 2021 , at Sacramento, California. 2 2Sondra R. Bushey mm Declarant 0 Sign r ture SAzozlso I 534 35410809.docx