HomeMy WebLinkAbout21CV-0734 - Declaration Filed_Daniel Richards1 -
CITY OF SAN LUIS OBISPO’S DECLARATION OF DANIEL RICHARDS IN SUPPORT OF DEMURRER
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BEST BEST &KRIEGER LLPATTORNEYS AT LAW18101VON
KARMAN AVENUE,SUITE
1000IRVINE,CALIFORNIA 92612JEFFREY V. DUNN, Bar
No. 131926 jeffrey.
dunn@bbklaw.com DANIEL L.
RICHARDS, Bar No. 315552
daniel.richards@bbklaw.
com BEST BEST &
KRIEGER LLP 18101 Von
Karman Avenue Suite 1000
Irvine, California 92612 Telephone: (949)
263-2600
Facsimile: (949) 260-0972 CHRISTINE
DIETRICK, Bar No. 206539
cdietrick@slocity.org CITY OF SAN
LUIS OBISPO CITY ATTORNEY’S OFFICE Attorneys for Defendants and Respondents City
of San Luis Obispo and
City Council of and for
the City of San Luis
Obispo EXEMPT FROM FILING FEES PURSUANT TO
GOVERNMENT CODE SECTION 6103 SUPERIOR
COURT OF THE
STATE OF CALIFORNIA
COUNTY
OF SAN LUIS OBISPO NHC SLO,
LLC,Petitioner and Plaintiff, v. CITY OF SAN
LUIS OBISPO; CITY COUNCIL OF AND
FOR
THE CITY
OF
SAN LUIS OBISPO; AND
DOES 1-10,
INCLUSIVE, Defendants and
Respondents. Case No. 21CV-0734 Judge:
Rita Federman DECLARATION OF DANIEL RICHARDS
IN SUPPORT OF
CITY OF SAN
LUIS OBISPO’
S DEMURRER TO FIRST AMENDED PETITION
Filed concurrently with:
1. Demurrer, 2. Request
for Judicial Notice, and 3.
Proposed Order]
Date: December 29, 2022 Time:
9:
00
a.m. Dept.: 2 Action Filed:
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CITY OF SAN LUIS OBISPO’S DECLARATION OF DANIEL RICHARDS IN SUPPORT OF DEMURRER
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BEST BEST &KRIEGER LLPATTORNEYS
AT LAW18101VON KARMAN AVENUE,SUITE 1000IRVINE,
CALIFORNIA 92612DECLARATION OF DANIEL RICHARDS I, Daniel Richards, declare as follows: 1.I am an attorney licensed
to practice before the courts of the State of California. I am an associate
with Best Best & Krieger LLP, attorneys of record for Defendants and Respondents City of San Luis Obispo and City
Council of and for the City of San Luis Obispo. I have personal knowledge of the facts
set forth below
and, if called to do so, could competently testify to them. 2.On January 25, 2022, I was
provided by the City Clerk of the City of San Luis Obispo an electronic version
of a certified copy of San Luis Obispo Municipal Code Chapter 9.10, “Cannabis Regulations.” A hard copy
of this document has been mailed to my office, and it will be kept on file at
my office. Additionally, San Luis Obispo Municipal Code Chapter 9.10, Cannabis Regulations,”
is available online at https://sanluisobispo.municipal.codes/Code/9.10. Attached to the concurrently filed Request
for Judicial Notice as Exhibit 1 is a true and correct certified copy
of San Luis Obispo Municipal Code Chapter 9.10, “Cannabis Regulations.” 3.On January 25, 2022, I was
provided by the City Clerk of the City of San Luis Obispo an electronic version
of a certified copy of San Luis Obispo Municipal Code Section 17.86.080, “Cannabis.” A hard copy of this
document has been mailed to my office, and it will be kept on file at my
office. Additionally, San Luis Obispo Municipal Code Section 17.86.080, Cannabis,” is
available online at https://sanluisobispo.municipal.codes/Code/17.86.070. Attached to the concurrently filed Request
for Judicial Notice as Exhibit 2 is a true and correct certified copy
of San Luis Obispo Municipal Code Section 17.86.080, “Cannabis.” 4.On February 2, 2022, I was
provided by the City Clerk of the City of San Luis Obispo an electronic version
of a certified copy of NHC SLO, LLC’s Commercial Cannabis Business Operators Permit Application submitted
to the City of San Luis Obispo. A hard copy of this document has been mailed to my office, and
it will be kept on file at my office. Attached to the concurrently filed Request for Judicial
Notice as Exhibit 3 is a true and correct certified copy of NHC
SLO, LLC’s Commercial Cannabis Business
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CITY OF SAN LUIS OBISPO’S DECLARATION OF DANIEL RICHARDS IN SUPPORT OF DEMURRER
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BEST BEST &KRIEGER LLPATTORNEYS AT LAW18101VON KARMAN AVENUE,SUITE 1000IRVINE,CALIFORNIA 926125.On February 2, 2022, I was
provided by the City Clerk of the City of San Luis Obispo an electronic version
of a certified copy of NHC SLO, LLC’s digital Commercial Cannabis Business Operators
Permit Application submitted to the City of San Luis Obispo. A hard copy of this document has been mailed to my
office, and it will be kept on file at my office. Attached to the concurrently filed Request
for Judicial Notice as Exhibit 4 is a true and correct certified
copy NHC SLO, LLC’s digital Commercial Cannabis Business
Operators Permit Application submitted to the City of San Luis Obispo. 6.On February 2, 2022, I was
provided by the City Clerk of the City of San Luis Obispo an electronic version of
a certified copy of Helios Dayspring’s executed and filled out Cannabis Background Questionnaire. A
hard copy of this document has been mailed to my office, and it will be kept on file
at my office. Attached to the concurrently filed Request for Judicial Notice as Exhibit 5 is a true
and correct certified copy
of Helios Dayspring’s executed and filled out Cannabis Background Questionnaire. 7.On February 2, 2022, I was
provided by the City Clerk of the City of San Luis Obispo an electronic version of a
certified copy of a letter from Paul F. Ready of Farmer & Ready, a Law Corporation,
sent on behalf of Valnette Garcia, Helios Dayspring, and NHC SLO, LLC to City of San Luis
Obispo in connection with Helios Dayspring’s transfer of ownership. A hard copy of this document has been mailed to my
office, and it will be kept on file at my office. Attached to the concurrently filed Request
for Judicial Notice as Exhibit 6 is a true and correct certified copy of a letter from
Paul F. Ready of Farmer & Ready, a Law Corporation, sent on behalf of Valnette Garcia, Helios Dayspring,
and NHC SLO, LLC to City of San
Luis Obispo in connection with Helios Dayspring’s transfer of ownership. 8.On February 11, 2022, I was
provided by the City Clerk of the City of San Luis Obispo an electronic version of
a certified copy of San Luis Obispo Resolution No. 11131. A hard copy of this document has been mailed to my
office, and it will be kept on file at my office. Attached to the concurrently filed Request
for Judicial Notice as Exhibit 7 is a true
and correct certified copy of San Luis Obispo Resolution No. 11131. 9.On February 11, 2022, I was
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CITY OF SAN LUIS OBISPO’S DECLARATION OF DANIEL RICHARDS IN SUPPORT OF DEMURRER
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BEST BEST &KRIEGER LLPATTORNEYS AT LAW18101VON KARMAN AVENUE,SUITE 1000IRVINE,CALIFORNIA 92612Obispo an electronic version of
a certified copy of San Luis Obispo Resolution No. 11231. A hard copy of this document has been mailed to my
office, and it will be kept on file at my office. Attached to the concurrently filed Request
for Judicial Notice as Exhibit 8 is a true
and correct certified copy of San Luis Obispo Resolution No. 11231. 10.On February 11, 2022, I was
provided by the City Clerk of the City of San Luis Obispo an electronic version of
a certified copy of San Luis Obispo Resolution No. 11264. A hard copy of this document has been mailed to my
office, and it will be kept on file at my office. Attached to the concurrently filed Request
for Judicial Notice as Exhibit 9 is a true
and correct certified copy of San Luis Obispo Resolution No. 11264. 11.On August 10,
2022, myself and counsel for NHC, John Armstrong, engaged in a lengthy meet and confer call to
discuss the basis for the City’s contemplated demurrer and to determine if any agreement
could be reached that would resolve the basis for the contemplated demurrer. The parties were
unable to reach an agreement that would resolve the objections, but agreed that the primary dispute
was a question of law suitable for resolution through a demurrer. I declare under penalty of
perjury under the laws of the State of California that the forgoing is true and
correct. Executed
this 16th day of
82508.00018\34822950.1
PROOF OF SERVICE
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BEST BEST &KRIEGER
LLPATTORNEYS AT LAW18101VON KARMAN
AVENUE,SUITE 1000IRVINE,CALIFORNIA 92612Proof of Service I, Janice Liu, declare: I am a citizen of the
United States and employed in Orange County, California. I am over the age of eighteen years and not
a party to the within-entitled action. My business address is 18101 Von Karman Avenue,
Suite 1000, Irvine, California 92612. On August
16, 2022, I served a copy of
the within document(s): DECLARATION OF DANIEL RICHARDS IN
SUPPORT OF
CITY OF SAN LUIS OBISPO’S DEMURRER TO FIRST AMENDED PETITION by transmitting via facsimile
the document(s) listed above to the fax number(s)
set forth below on this date before 5:00 p.m. by placing the
document(s) listed above in a sealed envelope with postage thereon fully prepaid,
the
United States mail at Irvine, California addressed as set forth below. by placing
the document(s) listed above in a sealed envelope and affixing a pre-paid air bill,
and
causing the envelope to be delivered to a agent for delivery. by personally delivering
the document(s) listed above
to the person(s) at the address(es) set forth below. by transmitting
via e-mail or electronic transmission the document(s) listed above to the
person(s)
at the e-
mail address(es) set forth
below.John Armstrong Armstrong
Law Group 23232 Peralta
Drive, Suite 102
Laguna Hills, CA
92653 Phone: (949) 942-6069 Email: john@armstronglawgroup.co Attorneys for Petitioner I am readily
familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would
be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid
in the ordinary course of business. I am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is more
82508.00018\34822950.1 -2 -
PROOF OF SERVICE
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BEST BEST &KRIEGER LLPATTORNEYS AT LAW18101VON KARMAN AVENUE,SUITE 1000IRVINE,CALIFORNIA 92612I declare under penalty of perjury
under the laws of
the State of California that the above is
true and