DeclarationCal. Super. - 6th Dist.May 5, 202110 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 21 CV381463 Santa Clara - Civil JAMES R. WILLIAMS, County Counsel (S.B. #271253) R. Ngu Electronically Filed XAVIER M. BRANDWAJN, Deputy County Counsel (S.B. #ZWEperior Court Of CA, OFFICE OF THE COUNTY COUNSEL 70 West Hedding Street, East Wing, Ninth Floor San Jose, California 95 1 10-1 770 Telephone: (408) 299-5900 Facsimile: (408) 292-7240 Email: Xavier.Brandwain(aDcco.sccgov.org Attorneys for Defendants County of Santa Clara, on 7/29/2021 3:40 PM Reviewed By: R. Nguyen Case #21 CV381463 Envelope: 6953316 SANTA CLARA COUNTY SUPERINTENDENT OF SCHOOLS DR. MARY ANN DEWAN and SANTA CLARA COUNTY OFFICE OF EDUCATION Exemptfrom Filing Fees Pursuant t0 Gov. Code § 6103 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA DAVID KISSNER AND SHAHRYAR ROKNI, Petitioners, V. SANTA CLARA COUNTY SUPERINTENDENT OF SCHOOLS DR. MARY ANN DEWAN; SANTA CLARA COUNTY OFFICE OF EDUCATION; LOMA PRIETA JOINT UNION SCHOOL DISTRICT; SANTA CLARA COUNTY REGISTRAR OF VOTERS SHANNON BUSHEY; SANTA CRUZ COUNTY CLERK TRICIA WEBER; and DOES 1 - 1 0, Respondents. N0. 21CV381463 DECLARATION OF XAVIER M. BRANDWAJN IN SUPPORT OF RESPONDENTS SANTA CLARA COUNTY SUPERINTENDENT OF SCHOOLS DR. MARY ANN DEWAN’S AND SANTA CLARA COUNTY OFFICE OF EDUCATION’S OPPOSITION TO PETITIONERS’ EXPARTE APPLICATION FOR ORDER LIFTING STAY Date: July 30, 2021 Time: 9:00 am. Dept: 6 Judge: Hon. Audra Ibarra Declaration 0f Xavier Brandwajn ISO Opposition to Petitioners’ Ex Parte Application yen 21CV381463 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF XAVIER M. BRANDWAJN I, XAVIER BRANDWAJN, declare: 1. I am an attorney licensed t0 practice law in the State of California and a Deputy County Counsel in Office 0f the County Counsel for the County of Santa Clara, attorneys 0f record herein for Respondents Santa Clara County Superintendent 0f Schools Dr. Mary Ann Dewan (Dr. Dewan) and Santa Clara County Office 0f Education (SCCOE) (collectively referred to herein as “Appellants”). I make this declaration in support 0f Appellants’ Opposition t0 Petitioners’ Ex Parte Application for Order Lifting Stay. I know the facts herein stated 0fmy own personal knowledge and if called upon t0 do so, I could competently testify t0 them under oath. 2. Attached as Exhibit A is a true and correct copy 0f the Court’s June 30, 2021 Order. 3. Attached as Exhibit B is a true and correct copy ofAppellants’ Notice 0f Appeal, filed and served 0n July 2, 2021. 4. Appellants have timely complied With the appellate deadlines triggered by the filing 0f the notice of appeal. For example, on July 12, 2021, Appellants filed and served their Notice Designating Record on Appeal. On July 23, 2021, Appellants filed and served their Civil Case Information Sheet. And 0n August 2, 2021, Appellants will file and serve their Mediation Statement Form. 5. Attached as Exhibit C is an email I received 0n July 16, 2021 from counsel 0f record Petitioners David Kissner and Shahryar Rokni attaching Petitioners’ memorandum 0f costs. I declare under penalty 0f perjury under the laws of the State 0f California that the foregoing is true and correct. Executed on July 29, 2021 at San Jose, California. /s/ XavierM Brandwain XAVIER M. BRANDWAJN 2456423 Declaration 0f Xavier Brandwajn ISO Opposition to 21CV38 1463 Petitioners’ Ex Parte Application Exhibit A sTATE BAR No. 335073ATTORNEY OR PARTY WITHOUT ATTORNEY'AMEJonathan Fisher FIRM NAME The Sutton Law Firm sTREETADDREss. 150 Post Street, Suite 405 GITY. San Francisco TELEPHDNE No: 4157327700 E MAB. AooREss: jpfisher@campaignlawyers.corn ATTQRNEY FQR (name): David Kissner 8 Shahryar Rokni sTATE'A z(PDDDE'4108 Ff,x No.. 4157327701 SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREETADDRESS'91 N 1st St. MAILING ADDRESS 191 N 1st St. c)TYANDEIPcoDE San Jose 95113 BRANCH NAME; PROPOSED ORDER (COVER SHEET) PLAINTIFF/PETITIONEFU David Kissner, Shahryar Rokni DEFENDANT/RESPONDENT: Mary Ann Dewan OTHER: Santa Clara County Superintendent of Schools, et al, FOR COURT IISE DNL V CASE NUMBER. 21CV381463 JUDICIAL OFFICER'udra ibarra DEPT 6 EFS-020 ubmit to the court a proposed order. The proposed order sent tached to this cover sheet. In addition, a version of the proposed court at the same time as this cover sheet and the attached proposed 1. Name of the party submitting the proposed order; Petitioners David Kissner and Shahryar Rokni 2, Title of the proposed order: Proposed Order Granting Writ of Mandate; Sustaining Demurrer 3. The proceeding to which the proposed order relates is: a. Description of proceeding: Petition for Writ of Mandate b. Date and time: 6/17/2021 c. Place: 4. The proposed order was served on the other parties in the case. Jonathan Fisher (TYPE OR PRIM NAME) (SIG)gt URE OF PARTY OR ATTORNEY) Form Adopted for Mandatory Use Judiual Counct of Canfornie EFS.020 IRev February I, 201TI PROPOSED ORDER (COVER SHEET) (Electronic Filing) Page 1 of 2 Crd, Ruuls of Coun, rules 2.252, 3.1312 www courts.ca go v on 6/25/2021 10:52 AM Reviewed By: R. Burciaga Case #21CV381463 Envelope: 6724252 21CV381463 Santa Clara - Civil R. Burciaga CASENAMEI'issner v. Dewan et al. CASE NUMBER: 21 CV381463 EFS4)20 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. I am at least 18 years old and not a party to this action. My residence or business address is (specify): 150 Post Street, Suite 405, San Francisco CA 94108. b. My electronic service address is (specify); j pfisher@campaignlawyers,corn 2, I electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order inan editable word-processing format as follows: a. On (name ofperson served) (lf the person servedis an attorney, the party or parties represented should also be stated): Gabriel Markoff, Xavier Brandwajn, Marcel Quinones, Melissa Kiniyalocts (Marry Ann Dewan & Santa Clara County of Education); Brian Bock (Lorna Prieta Joint Union School District); Mary Hanna-Weir (Santa Clara Registrar); Ruby Marquez(Santa Cruz County Clerk) b. To (electronic service address of person served): See prior proofs of service for full address list. c. On (date): 6/2212021 ~x Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 6/25/2021 Jonathan Fisher (TYPE OR PRINT NAME OF OECLARANTI (SGNATURE OF OECLARANTI EFS-020 (Rev. February 1, 2017( PROPOSED ORDER (COVER SHEET) (Electronic Filing) Pase2012 1 THE SUTTON LAW FIRM, PC James R, Sutton, State Bar No, 135930 2 JP Fisher, State Bar No, 335073 150 Post Street, Suite 405 3 San Francisco, CA 94108 Tel; 415/732-7700 4 Fax: 415/732-7701 6 Attorneys for Petitioners David Kissner and Shahryar Rokni 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA UNLIMITED JURISDICTION 11 David Kissner and Shahryar Rokni, Case No.: 21CV381463 13 14 15 16 17 18 20 21 22 23 Petitioners, Santa Clara County Superintendent of Schools Dr. Mary Ann Dewan; Santa Clara County Office of Education; Lorna Prieta Joint Union School District; Santa Clara County Registrar of Voters Shannon 8ushey; Santa Cruz County Clerk Tricia Webber; and DOES 1-10; Respondents, Assigned for All Purposes to the onorable Judge Audra Ibarra) [PROPOSEDI ORDER GRANTING WRIT OF MANDATE; SUSTAINING DEMURRER 24 25 Petitioners David Kissner and Shahryar Rokni's Petition for Writ of Mandate against Respondents Santa Clara County Superintendent of Schools Dr. Mary Ann Dewan26 27 ("Superintendent Dewan"), Santa Clara County Office of Education (the "Office of Education") 28 [PROPOSED] ORDER 1 XXXXXXXXXX xXXXXXXX Filed June 30, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 21CV381463 By: svera 1 Santa Clara County Registrar ofVoters Shannon Bushey (the "Santa Clara Registrar"), Santa Cruz County Clerk Tricia Webber (the "Santa Cruz Clerk"), and Lorna Prieta Joint Union School 3 District ("School District") came before this Court on June 7, 2021, 4 The Court, having considered all moving and opposing papers and oral arguments finds5 as read in open court on June 17, 2021, as follows: 7 1. Petitioners actually, substantially and reasonably complied with the requirements 8 of Education Code section 5091(fl(1)(A) to compel a special election to fill the vacancy on the 9 Governing Board of the Lorna Prieta Joint Union School District. 10 2, Petitioners'ecision to include on the petition only the August 2021 cost estimate 11 provided by the Santa Clara Registrar and the sole election estimate provided by the Santa Cruz12 13 Clerk was reasonable, for several reasons, Petitioners reasonably believed and concluded that a November 2021 election was not a legal possibility given Superintendent Dewan's 30-day deadline to certify the petition, and the fact that the election must be held within 130 days after the 16 petition's certification, unless an established election date was within 150 days of certification. 17 They accordingly included the cost estimate given to them for the date within the timeframe during 18 which they reasonably believed the election could legally be held, In addition, the Santa Cruz 19 Clerk only provided a single cost estimate to Petitioners, and section 5091 requires the petition20 include a cost "estim te" ina the smgular tense, not plural. Supenntendent Dewan s and the Office of Education's argument that Petitioners should have solely relied on the type of election in the 23 Santa Clara Registrar's cost estimate is unpersuasive because, among other reasons, the title of 24 each estimate started with the election date, The Court also finds Petitioners'orrespondence with 25 the Santa Clara Registrar's Office and Santa Cruz Clerk's Office demonstrates their good faith 26 efforts to comply with the law, 27 28 [PROPOSED] ORDER 2 XXXXXXXX That Petitioners' belief, that a November 2021 election was not a legal possibility, was reasonable is underscored by the fact that both the Santa Clara County Registrar of Voters and the Santa Cruz County Clerk originally indicated that the last day for a special election is September 21, 2021 in their statements of non-opposition even though they later changed their position. I 3. Petitioners actually, substantially and reasonably complied with the requirements ofEducation Code section 5091(f)(I)(D) because Petitioners did not raise $2,000 and therefore do 3 not qualify as a "committee" under Elections Code section 101 and Government Code section4 82013, and therefore were not required to include a Top Funders Disclosure.5 6 The case is not ripe as against the School District because Superintendent Dewan and the Office of Education have sole discretion to determine whether the petition satisfies the 8 requirements of section 5091 and whether to schedule a special election to fill the vacancy, 10 12 13 14 Additionally, the School District's only role in officially calling the election is, after the election is scheduled by Superintendent Dewan and the Office of Education, for its governing board to decide whether to exercise its discretion to authorize the election be conducted as an all-mail election, pursuant to Elections Code section 4004. Therefore, the writ of mandate requirements under Elections Code section 13314 and Code of Civil Procedure section 1085 were not met by Petitioners as against the School District, 16 Because Petitioners have no plain, speedy, or other adequate remedy in the ordinary course 17 of law, the Court grants their Petition for Writ of Mandate in part and denies it in part, 18 IT IS ORDERED that: 19 1. Respondent Lorna Prieta Joint Union School District's Demurrer is SUSTAINED,20 21 2. A peremptory writ of mandate in due form of law be issued ordering Respondents Superintendent Dewan and the Office ofEducation to deem the content of the petition (as opposed 23 to the collected signatures) legally sufficient, to complete the signature verification process, and, 24 if there are enough verified signatures, to then deem the entire petition legally sufficient in total 25 and schedule an election, at which point (but not before) the provisional appointment made by the 26 School District's Governing Board on March 15, 2021 will terminate by operation of law, Any27 28 [PROPOSED] ORDER 3 XXXXXXXX There was no fundraising, no expenses and no committee. For the same reasons, any failure to comply with section * *5091(f)(1)(D) was harmless. I ate chosen for a special election to fill the vacancy on the School District's Governing Board 2 created in January 2021 shall be a date allowed by law within 130 days of this judgment, or an 3 established election date if one falls within 130 to 150 days of this judgment. 4 3, A peremptory writ of mandate in due form of law be issued ordering Respondents5 6 Santa Clara County Registrar of Voter and the Santa Cruz County Clerk to make arrangements and provisions for the election at the date set by Superintendent Dewan and the Office of 8 Education. 9 4. This case shall be stayed for seven (7) days from the date it is ordered. 10 5, Petitioners'equest for attorneys'ees and costs is denied without prejudice, and 11 Petitioners may bring a duly noticed motion for attorneys'ees and costs after the stay ordered by12 this Court has expired, 13 14 15 16 Dated.'7 , 2021 JUDGE AUDRA IBARRA 18 19 20 21 22 23 24 25 26 27 28 [PROPOSEDI ORDER 4 XXXXXXXX XXXXXXXX the petition being deemed legally sufficient in total XXXXXXXX the petition being deemed legally sufficient in total. XXXXXXX this order is filed. Signed: 6/30/2021 01:09 AM June 30 Exhibit B Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/2/2021 3:32 PM Reviewed By: A. Rodriguez Case #21CV381463 Envelope: 6777982 21CV381463 Santa Clara - Civil APP-002 ATrORNEY 0R PARTY WITHOUT ATTORNEY: STATE BAR No.: 271 253 FOR COURT USE ONLY James R. Williams, County Counsel (SBN 271253) Xavier M. Brandwajn, Deputy County Counsel (SBN 246218) FIRM NAME: OFFICE OF THE COUNTY COUNSEL, COUNTY OF SANTA CLARA STREETADDRESS: 70 West Hedding Street, East Wing, 9th Floor CITY: San José STATE: CA ZiP CODE: 951 1 0 TELEPHONE No.2 408-299-5900 FAX N0: 408-292-7240 E-MAILADDRESS: xavier.brandwajn@cco.sccgov.org Respondents Santa Clara County Superintendent of Schools Dr- Mary Ann Dewan and Santa Clara County Office of Education SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 North First Street MAILING ADDRESS: 191 North First Street CITY AND ZIP CODE:San José, Ca 951 1 3 BRANCH NAME: Downtown PLAINTIFF/PETITIONER: David Kissner and Shahryar Rokni Santa Clara County Superintendent of Schools Dr. Mary Ann Dewan and Santa Clara County Office of Education g NOTICE 0F APPEAL D CRoss-APPEAL CASENUMBER: (UNLIMITED CIVIL CASE) 21CV381463 Exempt from Filing Fees Pursuant to Government Code Section 6103 NAME A‘I‘I'ORNEY FOR (name): DEFENDANT/RESPONDENT Notice: Please read Information on Appeal Procedures for Unlimited Civil Cases (Judicial Council form APP-001) before completing this form. This form must be filed in the superior court, not in the Court of Appeal. A copy of this form must also be served on the other party or parties to this appeal. You may use an applicable Judicial Council form (such as APP-009 or APP-009E) for the proof of service. When this document has been completed and a copy served, the original may then be filed with the court with proof of service. Santa Clara County Superintendent of Schools Dr. Mary Ann Dewan and Santa Clara 1. NOTICE IS HEREBY GIVEN that (name): County Office of Education appeals from the following judgment or order in this case. which was entered on (date): June 30, 2021 Judgment afterjury trial Judgment after court trial Default judgment Judgment after an order granting a summary judgment motion Judgment of dismissal under Code of Civil Procedure, §§ 581d, 583.250, 583.360, or 583.430 Judgment of dismissal after an order sustaining a demurrer An order afterjudgment under Code of Civil Procedure, § 904.1(a)(2) An order orjudgment under Code of Civil Procedure, § 904.1(a)(3)-(13) Other (describe and specify code section that authorizes this appeal): Order Granting Writ 0f Mandate -- appealable as stated in Code of Civil Procedure sections 1094.5(9), 1110b KDEDDDDDD 2. For cross-appeals only: a. Date notice of appeal was filed in original appeal: b. Date superior court clerk mailed notice of original appeal: c. Court of Appeal case number (if known): Date: July 2, 2021 ' 'x Xavier M. Brandwajn, Deputy County Counsel > (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) gage 1 of1 Form Approvedforomional Use NOTICE OF APPEAL/CROSS-APPEAL (UNLIMITED CIVIL CASE) Judicial Council of California Cal. Rules of Court, rule 8.100 APP-002 [Rev. January 1. 2017] (Appellate) www.courrs.ca.gov American Legalth. Inc. \nm'fonnsWorkI-‘low com 10 11 12 13 14 16 1 7 1 8 l 9 20 2 1 22 23 24 2'5 26 27 28 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PROOF OF SERVICE BY ELECTRONIC MAIL Kissner, et al. v. Santa Clara County Superintendent 0f No. 21CV381463 Schools Dr. Marv Arm Dewan. et al. I, Anna Marie B. Espiritu, declare: I am now and at all times herein mentioned have been over the age of eighteen years, employed in Santa Clara County, California, and not a party to the Within action or cause; that my business address is 70 West Hedding Street, 9th Floor, San Jose, California 951 10-1770. My electronic service address is anna.espiritu@cco.sccgovnrg. On July 2, 2021, I electronically served a copy 0f the NOTICE OF APPEAL t0 the persons listed below at the following electronic service addresses: The Sutton Law Firm Office of the County Counsel - Santa Cruz Jameis R. Sutton, Esq. ' Ruby Marquez Emafl:M Email: ruby. .marquez@santacruzcountmus }§%ifigfn Law Flrm Prgactive Legal - The Bock Law Group, PC Email: jQfishergcgmmpaiglaflcmcom Brlan D- BOCk Email: brian@proactiveBLG.com Office of County Counsel - Santa Clara Mary Hanna-Weir Email: mary.hanna-weir@cco.scc20v.org I declare under penalty of perjury under the laws 0f the State 0f California that the foregoing is true and correct, and that this declaration was executed on July 2, 2021. Mmjém Anna Marie B. Espiritu Proof of Service by Electronic Mail Case Number: 21CV38 1463 Exhibit C Ramos, Linda From: Bradley Hertz Sent: Friday, July 16, 2021 6:53 PM To: Ramos, Linda; James Sutton; ruby.marquez@santacruzcounty.us; JP Fisher; brian@proactiveBLG.com; Hanna-Weir, Mary Cc: Brandwajn, Xavier; Quinones, Marcelo; Markoff, Gabriel Subject: [EXTERNAL] Kissner, et al. v. Santa Clara County Registrar of Voters Shannon Bushey, et al., Case No. 21CV381463 - Petitioners' Memorandum of Costs Attachments: Kissner and Rokni Memorandum of Costs 7-16-21 .pdf Counsel - Attached please find Petitioners David Kissner’s and Shahryar Rokni’s Memorandum of Costs (Summary and Worksheet) in connection with the above-referenced matter. As indicated in the documents, in addition to the court filing fee, Petitioners Will be seeking attorney fees and non-CCP section 1033.5 costs Via a CCP section 1021 .5 motion. Bradley W. Hertz Partner | The Sutton Law Firm 22815 Ventura B1Vd., # 405 | Los Angeles, CA 91364 Direct: 818/593-2949 | Fax: 415/732-7701 bhefiz@campaignlawyers.com | www.campaignlawvers.com THIS EMAIL IS CONFIDENTIAL AND MAY BE LEGALLY PRIVILEGED. IF YOU HAVE RECEIVED IT IN ERROR, PLEASE NOTIFY US IMMEDIATELY AND THEN DELETE IT. ANY TAX ADVICE IS NOT INTENDED TO AND CANNOT BE USED FOR AVOIDING IRS PENALTIES OR FOR RECOMMENDING ANY TAX-RELATED TRANSACTION OR MATTER TO A THIRD PARTY. MC-010 ATrORNEY 0R PARTY WITHOUT ATrORNEY STATE BAR NUMBER 138564 NAME: Bradley W. Hem. Esq. FIRM NAME: The Sutton Law Firm STREEr ADDRESS: 150 Post Street, Suite 405 cn-y; San Francisco STATE: CA ZIP CODE: 941 08 TELEPHONE N0.: (41 5) 732-7700 FAX No.: (415) 732-7701 EMAIL ADDRESS: bheru@campaignlawyers.com ATrORNEY FOR (name): Petitioners DAVID KISSNER and SHAHRYAR ROKNI SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA STREET ADDRESS: 191 North 1st Street MAILING ADDRESS: 191 North 1st Street cmr ANDm CODE: San Jose, CA 951 13 BRANCH NAME: PLAINTIFF: DAVID KISSNER and SHAHRYAR ROKNI DEFENDANT: SANTA CLARA COUNTY SUPERINTENDENT OF SCHOOLS, ET AL. FOR COURT USE ONLY CASE NUMBER: MEMORANDUM OF COSTS (SUMMARY) 21CV3B1463 The following costs are requested: TOTALS 1. Filing and motion fees 435.00 2. Jury fees Jury food and lodging Deposition costs Service of process Surety bond premiums 3 4 5 6. Attachmentexpenses 7 8 Vthess fees 9 Court-ordered transcripts mfififiméfifiwww 10. Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court determination; otheMise a noticed motion is required) *** ATTORNEY FEES AND NON-CCP SECTION 1033 . 5 COSTS TO BE SOUGHT VIA CCP 11. Court reporter fees as established by statute SECTION 102 1 I 5 MOTION _ H9 12. Models. enlargements. and photocopies of exhibits 13. Interpreter fees 14. Fees for electronic filing or service 15. Fees for hosting electronic documents 16. Other $$$W$ m ATTORNEY FEES AND Hom-CCPSECHW-« . Ts T0 BE Tom- COSTS SOUGHT VIA CCP SECTION 1021.5 MOTION. $ 435.00” l am the attorney. agent, or party who claims these costs. To the best of my knowledge and belief this memorandum of costs is correct and these costs were necessarily incurred in this wse. Date: 7/1 6/2021 Bradley W. Hertz. Esq. g . . {51wmp5 0R PRINT NAME) _ -_ E 0F a 'ann Page 1 jmggm; grgfiiggfigfigm MEMORANDUM 0F COSTS (SUMMARY) Codeofcwi' §§ 1032, mas[Rem September 1, 2017] MC-011 SHORT TITLE CASE NUMBER: DAVID KISSNER. et aI. v. SANTA CLARA COUNTY SUPERINTENDENT, e1 al. 21CV331463 MEMORANDUM OF COSTS (WORKSHEET) Filing and motion fees a. Petition for Wn‘t of Mandate $ 435.00 b $ c $ d $ e. $ f. $ 9- a lnfonnation about additional filing and motion fees is contained in Attachment 1g. TOTAL 1-m Jury fees _Date _ mm a $ b $ c. $ d. $ e. D Information about additional jury fees is contained in Attachment 2e. TOTAL 2-E Juror food: $ andlodging: $ TOTAL 3. Deposition costs N or en mg 1mm m 35mm male a $ $ $ $ $ b $ $ $ $ $ c. $ $ $ $ $ d. $ $ $ $ $ 5" E lnfonnation about additional deposition costs is contained in Attachment 4e. TOTAL 4-E: Page 10f 3 Form Approved for Opliunal Use Judicial Council of California MC-011 [Rsv. Seplembar 1, 2017] MEMORANDUM OF COSTS (WORKSHEET) cm “CW" Pm‘fidm- §§ 1032 1033.5 MC-011 SHORT TITLE CASE NUMBER: DAVID KISSNER, et a1. v. SANTA CLARA COUNTY SUPERINTENDENT, et aI. 21CV381463 5. Service of processmm 2mm Bang Bum mm a. $ $ $ $ b. $ $ $ $ c. $ $ $ $ d. D Information about additional costs for service of process is contained in Attachment 5d. Toms-E 6. Attachmentexpenses (specify): 6. 7. Surety bond premiums (itemize bonds and amounts): 7.E 8. a. Ordinary witness fees Name of witness Daily fee Mileage Total (1) days at $lday miles at _¢Imile: Q (2) days at $lday miles at _¢/mi|e: E (3) days at $lday miles at ¢ImiIe: E: (4) days at $lday miles at __¢/mile: [5: (5) days at $lday miles at __¢Imile: E: (6) E Information about additional ordinary witness fees is contained in Attachment 8a(6). SUBTOTAL83E (Continued on next page) MW“ [RBV‘SEP‘embEM-mm MEMORANDUM OF COSTS (WORKSHEET) Page 2 0f 3 MC-011 SHORT TITLE CASE NUMBER: DAVID KISSNER, et a1. v. SANTA CLARA COUNTY SUPERINTENDENT. et aI. 21 CV381463 8. b. Expert fees (per Code of Civil Procedure section 998) Name of wiiness Fee (1) hours at $ lhr (2) hours at $ lhr (3) ' hours at $ Ihr (4) hours at $ lhr (5) E Information about additional expert fees is contained in Attachment 8b(5). SUBTOTALabom c. Court-ordered expert fees Name of witness Fee m hoursat$ mr E <2) hoursats mr D (3) E Information about additional oourt-ordered expert fees is contained in Attachment 80(3). SUBTOTAL80E TOTAL (ea. 8b: & 8c>8E: 9. Court-ordered transcripts (specify): 9. 10. Attorney fees (enter here if contractual or statutory fees are fixed without necessity of a court 10.m detennination; otherwise a noticed motion is required): *** ATTORNEY FEES AND NON-CCP SECTION 1033.5 COSTS TO BE SOUGHT VIA CCP SECTION 1021 .5 MOTION. 11. Models, enlargements, and photocopies of exhibits (specify): 11.E 12. Court reporter fees (as established by statute) a. (Name of reporter): Fees: $ b_ (Name of reporter): Fees: $ TOTAL 12'E c_ E Information about additional court-reporter fees is contained in Attachment 12c. 13. Interpreter fees a. Fees of a certified or registered interpreter for the deposition of a party or witness (Name of interpreter): Fees: $ (Name ofinterpreter): Fees: $ b. Fees for a qualified court interpreter authorized by the court for an indigent person represented by a qualified legal services project or a pro bono attorney (Name of interpreter): Fees: $ (Name orinterpreter): Fees: s TOTAL 13.E c. E Information abou1 additional court-reporter fees is contained in Attachment 13c. 14. Fees for electronic filing or service of documents through an electronic filing service provider (enter here if required or ordered by the court): 14-E 15. Fees for hosting electronic documents through an electronic filing service provider (enter here if required or ordered by the court): 15. 16. Other (specify): 16.EWW-UCP bELLLUN LUJJ . J bums Tu BE L COSTS SOUGHT VIA CCP SECTION 1021 . 5 MOTION. m (Additional information may be supplied on the reverse) “co“ [Rev-septemW1-2m71 MEMORANDUM OF COSTS (WORKSHEET) P396 3 0f 3 WNONUI$UJN KO 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I am employed at the Sutton Law Firm in the City and County of San Francisco, California. On July 16, 2021, I served the foregoing documents entitled: PETITIONERS DAVID KISSNER’S and SHAHRYAR ROKNI’s MEMORANDUM 0F COSTS (SUMMARY) and MEMORANDUM 0F COSTS (WORKSHEET) The above-refercnced documents were served on: Marcelo Quinones, Esq. Ruby Marquez, Esq. Gabriel Markoff, Esq. ' Counsel for Respondent Santa Cruz Dr. Mary Ann Dewan County Clerk Tricia Webber County Superintendent of Schools Santa Cruz County Counsel’s Office County Office ofEducation 701 Ocean St, Rm. 505 1290 Ridder Park Dr. Santa Cruz, CA 95060 San Jose, CA 95 131 ruby.marguez@:santacruzcoun§y .us marcelo.quinones@cco.sccgov.or2 gabrieI.markot'f@cco.sccgov.org Brian Bock, Esq. Mary Hanna-Weir, Esq. Counsel for Respondent Lisa Fraser Counsel for Respondent Santa Clara Superintendent, Loma Prieta Joint Union County Registrar ofVoters Shannon School District Bushey The Bock Law Group, PC Santa Clara County Counsel's Office 3 1610 Railroad Canyon Road, Suite 2 70 W. Hedding SL, Flr. 9 Canyon Lake, CA 92587 San Jose, CA 95 1 10-1705 bdm@proactiveblg.com marv.hanna-weir@cco.sccgov.org (408) 299-5945 g BY E-MAIL: I caused such document to be e-mailed as pdf attachments to the addressees shown above. g (State) I declare under penalty ofpeljury under the laws ofthe State of California that the above is true and correct. Executed on July l6, 2021, at Los Angeles, C °fomia. Bradley W. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SANTA CLARA PROOF OF SERVICE BY ELECTRONIC MAIL Kissner, et al. v. Santa Clara County Superintendent 0f Schools Dr. Marv Arm Dewan. et al. I, Linda Ramos, declare: Case No.1 21CV38 1463 I am now and at all times herein mentioned have been over the age of eighteen years, employed in Santa Clara County, California, and not a party t0 the Within action 0r cause; that my business address is 70 West Hedding Street, 9th Floor, San Jose, California 951 10-1770. My electronic service address is: linda.ramos@cco.sccgov.org. On July 29, 2021, I electronically served copies of the following: DECLARATION OF XAVIER M. BRANDWAJN IN SUPPORT OF RESPONDENTS SANTA CLARA COUNTY SUPERINTENDENT 0F SCHOOLS DR. MARY ANN DEWAN’S AND SANTA CLARA COUNTY OFFICE OF EDUCATION’S OPPOSITION TO PETITIONERS’ EXPARTE APPLICATION FOR ORDER LIFTING STAY to the people listed below at the following electronic service address: The Sutton Law Firm James R. Sutton, Esq. Email: jsuttonchampaignlamers.com Attorneysfor Petitioners David Kissner and Shahryar Rokni Office 0f County Counsel - Santa Clara Mary Hanna-Weir Email: magyhanna-weirchco.sccgov.org Attorneyfor Respondent Santa Clara County Registrar 0f Voters Shannon Bushey County of Santa Cruz Office of the County Counsel Ruby Marquez Email: rubv.marquez@santacruzcountv.us Attorneyfor Respondent Santa Cruz County Clerk Tricia Webber The Sutton Law Firm JP Fisher Email: jpfisher@campaignlawyers.com Attorneysfor Petitioners David Kissner and Shahryar Rokni Proactive Legal - The Bock Law Group, PC Brian D. Bock Email: brian@proactiveBLG.com Attorneyfor Respondent Lisa Fraser Superintendent, Loma Prieta Joint Union School District I declare under penalty 0f perjury under the laws of the State of California that the foregoing is true and correct, and that this declaration was executed 0n July 29, 2021. /s/ Linda Ramos Linda Ramos Proof of Service by Electronic Mail Case Number: 21CV381463
