OrderCal. Super. - 6th Dist.May 5, 2021sTATE BAR No. 335073ATTORNEY OR PARTY WtTHOUT ATTORNEY NAME. Jonathan Fisher FIRM NAME. The Sutton Law Firm s~REE~ AoDREss 150 Post Street, Suite 405 cn Y San Francisco 1 ELEPHDNE No.. 41 57327700 E.MAS.AooREss jpfisher@campaigniawyers.corn ATTORNEY FOR(nsmet: DaVid KiSSner & Shahryar ROkni sTATE. CA zIP coDE. 94108 Fax No. 4157327701 PROPOSED ORDER (COVER SHEET) SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara sTREETADDREss: 191 N 1st St. MAILINGADDRESS'91 N 1st SL clTY AND zip coDE'an Jose 951 1 3 BRANCH NAME pLAINTIFF/pETITIONER: David Kissner, Shahryar Rokni DEFENDANT/REsPQNDENT: Mary Ann Dewan OTHER: Santa Clara County Superintendent of Schools, et al, FOR COURT USE ONLY CASE NUMBER: 21CV381463 JUDICIAL OFFICER; Audra Ibarra DEPT' EFS-020 NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed oelectronicaily to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of thorder in an editable word-processing format must be sent to the court at the same time as this cover sheet and the aorder in PDF format are filed. 1. Name of the party submitting the proposed order: Petitioners David Kissner and Shahryar Rokni 2 Title of the proposed order: Proposed Peremptory Writ of Mandate 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 PRINT NAME) Form Adopted for Mandatory Use Judrdei Coundl of Cairlomia EFS-020 IRev Fanruary 1, 201 yi PROPOSED ORDER (COVER SHEET) (Electronic Filing) Pagelof2 Cai. Rules of Coun, miss 2.202, 0 1312 www.courts ca gov on 6/25/2021 10:52 AM Reviewed By: R. Burciaga Case #21CV381463 Envelope: 6724252 21CV381463 Santa Clara - Civil R. Burciaga CASE NUMBER: 21CV381463 EFS-020 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. I am at least 18 years old and nota 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): jpfisher@campaignlawyers.corn 2 I electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order inan editabie word-processing format as follows: a. On (neme ofperson served) (if the person servedis an attorney, the party or parties represented should a/so be s/afed): Gabriel Markoff, Xavier Brandwajn, Marcel Quinones, Melissa Kiniyalocts (Marry Ann Dewan 8 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 (e/ec/ronic service address ofperson served): See prior proofs of service for full address list, c. On (dafe): 6/22/2021 ~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 DECLAIIANT) (EJGNATU RE QF DEGLARANT) EFS.020 (Rav. Fabfoan I, 2017) PROPOSED ORDER (COVER SHEET) (Electronic Filing) Page 2 of 2 1 THE SUTTON LAW FIRM, PC James R, Sutton, 'State Bar No, 1359302- 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 David Kissner and Shahryar Rokni,11 Case No.: 21CV381463 12 13 14 15 16 17 18 19 20 21 Petitioners, v, Santa Clara County Superintendent of Schools Dr. Mary Ann Dewan; Santa Clara County Office of Education; LornaPrieta Joint Union School District; SantaClara County Registrar of Voters Shannon Bushey; Santa Cruz County Clerk Tricia Webber; and DOES 1-10; Respondents. (Assigned for All Purposes to the Honorable Judge Audra Ibarra) [PROPOSEDl PEREMPTORY WRIT OFMANDATE 23 24 25 IT IS ORDERED that: '1. Respondents Superintendent Mary Ann Dewan and the Santa Clara County Office 27 ofEducation shall deem the content of the petition (as opposed to the collected signatures) legally 28, [PROPOSED] PEREMPTORY WRIT OF MANDATE 1 XXXXXXXXXX XXXXXXXX Filed June 30, 2021 County of Santa Clara Superior Court of CA Clerk of the Court 21CV381463 By: svera I sufficient, complete the signature verification process, and, if there are enough verified signatures, 2 then deem the entire petition legally sufficient in total and schedule an election, at which point (but 3 not before) the provisional appointment made by the School District's Governing Board on March4 15, 2021 will terminate by operation of law, Any date chosen for a special election to fill the5 6 vacancy on the School District's Governing Board created in January 2021 shall be a date allowed 7 by law within 130 days of this judgment, or an established election date if one falls within 130 to 8 150 days of this judgment, Respondents Santa Clara County Registrar of Voters and the Santa Cruz County 10 Clerk shall make arrangements and provisions for the election at the date set by Superintendent 11 Mary Ann Dewan and the Santa Clara County Office of Education. 12 3. This case shall be stayed for seven (7) days from the date it is ordered.13 14 15 16 18 19 20 21 22 Dated.' 2021 JUDGE AUDRA IBARRA 23 24 25 27 [PROPOSED] PEREMPTORY WRIT OF MANDATE 2 XXXXXXXX XXXXXXXXX after the petition is deemed legally sufficient in total XXXXXXXXXX after the petition is deemed legal sufficient in total. XXXXXXXthis order is filed. Signed: 6/29/2021 11:50 PM June 29 ly
