HomeMy WebLinkAbout20260310_Declaration of Fire Marshal ISO Application- City_City v Smith
DECLARATION OF FIRE MARSHAL JOSH DANIEL
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J. CHRISTINE DIETRICK, SBN 206539
City Attorney, City of San Luis Obispo
MATTHEW R. SILVER, SBN 245528
MSilver@CivicaLaw.com
SEAN E. MORRISSEY, SBN 297371
SMorrissey@CivicaLaw.com
NICHOLAS GARCÉS, SBN 273277
NGarces@CivicaLaw.com
CIVICA LAW GROUP APC
4000 Barranca Parkway, Suite 250, PMB #782
Irvine, California 92604
Phone: 949-592-0165
Fax: 949-335-1701
Attorneys for Plaintiffs
City of San Luis Obispo, and
People of the State of California
Exempt from filing fees pursuant to
Government Code section 6103.
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN LUIS OBISPO
THE PEOPLE OF THE STATE OF
CALIFORNIA, EX REL, J. CHRISTINE
DIETRICK, CITY ATTORNEY OF THE CITY
OF SAN LUIS OBISPO; and,
THE CITY OF SAN LUIS OBISPO, a California
municipal corporation,
Plaintiff,
v.
LAUREL CREEK, LP, a California Limited
Partnership;
LAUREL CREEK, II, L.P., a Delaware limited
partnership;
1160 LAUREL LANE, LLC, a California limited
liability company;
PATRICK N. SMITH a/k/a PATRICK SMITH, an
individual;
SMITH AND COMPANY, A REAL ESTATE
INVESTMENT DEVELOPMENT
CORPORATION, a California corporation;
PATRICK N. SMITH a/k/a PATRICK SMITH, AS
TRUSTEE OF THE PATRICK N SMITH 2004
LIVING TRUST;
Case Number: 25CV-0667
Action Filed: October 16, 2025
Judge: Hon. Judge Tana L. Coates
Dept.: 4
DECLARATION OF FIRE MARSHAL
JOSH DANIEL IN SUPPORT OF
PLAINTIFF CITY OF SAN LUIS OBISPO ’S
EX PARTE APPLICATION FOR
APPOINTMENT OF RECEIVER, OR
ALTERNATIVELY, FOR AN ORDER
SHORTENING TIME
Filed concurrently with:
1. Ex Parte Receivership Application;
2. Memorandum of Points and Authorities;
3. Declaration of Code Enforcement Supervisor
John Mezzapesa;
4. Declaration of Supervising Building Inspector
Trevor Nelson;
5. Declaration of Attorney Sean Morrissey;
6. Declaration of Proposed Receiver Singer;
7. Request for Judicial Notice;
8. Appendix of Exhibits;
9. [Proposed] Receivership Order;
10. Proof of Service.
ELECTRONICALLY FILED
3/10/2026 9:29 AM
DECLARATION OF FIRE MARSHAL JOSH DANIEL
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CPIF CALIFORNIA LLC, a California limited
liability company;
CPIF LAUREL CREEK, LLC, a Washington
limited liability company;
ALL WALL SYSTEMS, INC., a Delaware
corporation;
AMERICAN RIVIERA BANK, a California
corporation;
ARNOLD BUILDERS, INC., a California
corporation;
B & B CONSTRUCTION CLEANUP INC., a
California corporation;
BLUE STEEL CONCRETE, LLC, a California
limited liability company;
COAST ENGINEERING & DESIGN INC., a
California corporation;
CONSOLIDATED ELECTRICAL
DISTRIBUTORS, INC., d/b/a CALIFORNIA
ELECTRICAL SUPPLY, a Delaware corporation;
CULBERT PLUMBING INC., F/K/A CULBERT
CONSTRUCTION AND PLUMBING, INC., a
California stock corporation;
EMPIRE ELECTRICAL SOLUTIONS, INC., a
California corporation;
FAMCON PIPE & SUPPLY, INC., a California
corporation;
G W SURFACES, a California corporation;
HOMER T. HAYWARD LUMBER CO., a
California corporation;
KIRK CONSTRUCTION, a California corporation;
LC LENDERS, LLC, a Delaware limited liability
company;
LW CONSTRUCTION, INC., a California
corporation;
MAHOGANY CONSTRUCTION, INC., a
California corporation;
NOLAN CHURCH DOING BUSINESS AS
COLORTRENDS PAINTING & DECORATING,
a California sole ownership or proprietor business;
SCHINDLER ELEVATOR CORPORATION, a
Delaware corporation;
THE SHERWIN-WILLIAMS COMPANY, an
Ohio corporation;
UNITED RENTALS (NORTH AMERICA) INC.,
a Delaware corporation;
US AIR CONDITIONING DISTRIBUTORS,
LLC, a Delaware limited liability company; and,
DOES 1 through 50, inclusive,
Defendants.
Hearing:
Date: March 12, 2026
Time: 8:30 a.m.
Dept: 4
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DECLARATION OF FIRE MARSHAL JOSH DANIEL
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DECLARATION OF FIRE MARSHAL JOSH DANIEL
I, Josh Daniel, declare:
1. I am a competent adult over the age of 18 and have personal knowledge of the following
facts which I could and would testify to if called as a witness. I make this declaration in support of the
City of San Luis Obispo’s Ex Parte Application for Appointment of Receiver, or Alternatively, for an
Order Shortening Time pursuant to Health and Safety Code Section 17980.7(c).
2. I am currently employed, and at all times relevant to this declaration was employed, as the
Fire Marshal with the City of San Luis Obispo (“City”) Fire Department, Bureau of Fire Prevention. I
have served as the City’s Fire Marshal for over a year. I was also previously employed as a Community
Risk Reduction Officer/Admin Captain for the City of Sanger Fire Department for over 5 years. Prior to
my promotion to Admin Captain, I served as a Firefighter/Paramedic for 4 years, totaling 9 years of
service with the City of Sanger. I hold a Master’s degree in Public Administration: Emergency
Management, and a Bachelor’s degree in Leadership. I hold multiple State of California Certificates in
Firefighter I, Hazmat Technician, Company Officer, Fire Inspector I, and Fire Investigator. Before
joining the fire service, I was a Critical Care Paramedic and Field Supervisor for American Ambulance
for 7 years.
3. My general responsibilities as a Fire Marshal include, but are not limited to: review, research,
and evaluation of fire protection plans and equipment in fire and life safety for the preservation of life
and prevention or protection of structures; recommendation of alternative means and methods and/or
improved fire protection plans and devices; conducting State, County, and City life safety fire inspections
and applying related fire, building, plumbing, electrical, and mechanical codes; studying and evaluating
building and development plans and specifications for conformance with applicable laws, codes and
regulations concerning fire protection and life safety; analyzing community developments for Fire and
Life Safety resiliency and developing improvement programs; determining the resolution of specialized
fire prevention and fire protection deficiencies and/or code violations; reviewing fire suppression
systems and fire detection equipment systems plans; determining water requirements for different types
of fire suppression protection systems; conducting special inspections and investigations of existing
structures as it relates to fire codes; reviewing commercial, industrial, and multi-unit building plans and
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specifications for occupancy and structural requirements as it relates to the California State fire code;
coordinating plan checking with other departments and making recommendations relative to use,
changes and adoption of codes, ordinances and departmental standards; interpreting fire code and
regulations relating to fire protection; conducting and assisting in the evaluation of personnel; and,
reviewing and interpreting department policies, procedures and safety practices with personnel.
4. In carrying out my duties as Fire Marshal, I am often concerned with policies and conditions
to safeguard the public and provide safety and assistance to firefighters and emergency responders during
emergency operations, which are among some of the underlying purposes of the State’s fire safety la ws.
I have conducted numerous inspections of residential and commercial properties for fire code violations
and unsafe conditions. I have received extensive training in and am readily familiar with the California
Fire Code (“CFC”) and other applicable laws and am qualified to identify dangerous fire and safety
hazards and conditions. If called to testify, I could and would competently testify to the facts stated
herein.
5. In my capacity as a Fire Marshal, I am familiar and have been involved with compliance
efforts for and investigation of the parcels of real property identified as 1150 Laurel Lane, San Luis
Obispo, California, 93401, Assessor’s Parcel Numbers 004-962-036, 004-962-037, and 004-962-042
(“Subject Property”). I have reviewed my office’s and other City records regarding the Subject Property,
and I am readily familiar with them and the City’s past enforcement efforts. I make the following
statements and opinions based on my review of the City’s records, my experience with the Subject
Property, and my extensive training and experience with the CFC, fire safety issues, and violations.
6. The Subject Property consists of a large multiple parcel property of approximately 8.6-acres
containing an approximately 200,000 plus square foot development project with a warehouse, storage
units, and incomplete, unpermitted, substandard, unsafe and/or red tagged two-story, mixed-use structure
with approximately twelve (12) separate commercial suites located on the first floor, and partially
constructed apartment/dwelling units on the second floor, and contains violations of state and local laws.
The Subject Property is located in a densely populated residential community within the City near many
businesses, parks, churches, residences, a museum, and schools.
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7. From 2020 to 2023, as the Subject Property underwent significant development projects and
construction, various permits were sought or issued involving fire related construction and fire safety
issues. Development projects at the Subject Property included adding residential units and other changes
to various offices. Since many of the projects impact spaces people may live in and regularly used by
the public, completion of work under the fire related permits and compliance is critical to keep the
entrants, building users, occupants, and the public safe from fire dangers, as well as emergency
responders in the event of an emergency.
8. Over time, the City, the Bureau of Fire Prevention, and I became more closely involved with
compliance at the Subject Property. The City’s enforcement efforts increased as inspections revealed
serious fire safety hazards and dangerous conditions amid a pattern of unpermitted construction,
unauthorized occupancy, and building activity that compromises public safety, including incomplete and
non-compliant work under the fire permits, and serious fire safety hazards at the Subject Property, among
other violations. When these kinds of violations occur, not only is public safety compromised, but also
the City’s emergency personnel, including fire staff, are put at risk. Based on my training and experience,
I know that construction work without permits or work that fails to comply with fire safety laws and
regulations compromises fire safety compliance and can and has resulted in firefighter deaths.
9. On or about November 21, 2024, during a visit to the Subject Property, other City fire
inspectors and I identified a number of fire safety related violations including but not limited to
incomplete fire sprinkler system with unprotected areas without sprinklers; temporary fire pump greatly
exceeding number of allowable days and lack of permanent fire pump; obstructed and unsafe paths of
egress; inactive backflow without signage that it is was out of order; blocked fire hydrant to the back of
property and lack of adequate clearance in front of onsite fire hydrants; unsecured combustible/wood
stored from public access on the exterior and in improperly maintained stacks; exposed electrical wiring
in occupied spaces; and, noncompliant combustible hangings/curtains in event space, among other
violations
10. On April 25, 2025, other City fire staff and I participated in a multidisciplinary inspection
of the Subject Property involving multiple City Departments, including Building, Code Enforcement,
and Fire. Each City Department inspected the Subject Property based on their areas of expertise. During
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this inspection, the other City Fire staff and I discovered a number of violations of State law, including
the CFC, the California Health and Safety Code (“HSC”), and the San Luis Obispo Municipal Code
Municipal Code (“SLOMC”). True and correct copies of selected April 25, 2025, photographs are
attached as Exhibit 7 to the Appendix of Exhibits and are incorporated herein.
11. By September 2025, the permits for the various projects and construction involving the fire
related work expired, amidst incomplete work on fire sprinkler systems and fire alarms, and remain
expired, and fire permit for an underground fire line and a hydrant failed inspection.
12. As detailed in the declarations of Code Enforcement Supervisor John Mezzapesa and
Supervising Building Inspector Trevor Nelson, they and I have observed and/or identified no less than
274 substandard and extremely dangerous building violations and other illegal conditions that posed,
and continue to pose, an immediate and serious risk to the health and safety of occupants, entrants,
neighbors, and the community. The Subject Property is in violation of numerous State and local laws,
including but not limited to, the HSC, CBC, CEC, CFC, CMC, CPC, IPMC, UCADB, and the SLOMC,
and other applicable laws.
13. Among the 274 violations are many fire hazards and fire code violations in the Subject
Property’s office suites, apartments/dwelling units, and found on the building’s exterior, which are
substantially dangerous to entrants, occupants, neighbors, and the community and include but are
not limited to: rooms and areas in a state of partial construction with missing unfinished, and dilapidated
walls, floors, ceilings, and mechanical, plumbing and electrical components; unsealed fire wall
penetrations; unfinished ceilings; incomplete fire walls; inadequate and incomplete fire protection
system and equipment; exposed and dangerous electrical wiring, outlets and components; improper use
of extension cords; damaged electrical subpanel; obstructed and blocked ingress and egress routes;
missing or inadequate exit signs; improper hold open device on fire door; lack of, unfinished, or
inadequate fire rated doors; unsecure and inoperable fire alarm(s); expired fire extinguishers; missing
smoke detectors; improper, unfinished, or missing fire sprinklers; incomplete or missing fire alarm
monitoring system; lack of automatic fire alarm notification plans; exposed and unfinished and corroded
and damaged gas lines, and other gas line dangers; open and exposed gas meter; standpipe connection
improperly blocked; open and unsecured utility vault; obstructed and locked exit doors; obstructed exit
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stairway; damaged and unsecured electrical components for a fire protection system; obstructed,
inadequately maintained, abandoned, and/or unfinished fire hydrants; unpermitted temporary fire pump;
inaccessible emergency fire and electrical equipment in the event of an emergency; inadequate fire pump
vehicle impact protection; various unlawful fire protection system conditions, including damaged,
cracked, nonfunctional, obstructed, abandoned, buried, disconnected, inoperable and/or improperly
identified post valve indicators, faulty and/or inoperable pressure gauges; and, unsupervised and
unsecured fire pump room with inadequate flow alarms.
14. On September 2, 2025, the City issued a Notice and Order to Repair or Abate (“N&O”),
pursuant to HSC sections 17980.6 and 17980, et seq., to Defendant Laurel Creek L.P., Defendant Laurel
Creek II, L.P. (collectively, “Defendant Owners”), and all interested parties of the Subject Property. The
N&O cited the 274 violations of law, including the fire hazards and fire code violations, on the Subject
Property and ordered rehabilitation of the Subject Property to begin within 15 days and to be completed
within 30 days, by October 2, 2025 (“Compliance Deadline”).
15. The N&O detailed all identified violations, described the dangers attendant to each violation,
and indicated what steps needed to be taken to correct each identified violation. The N&O also noted
that failure to comply would potentially result in further legal action, including the appointment of a
court receiver. A true and correct copy of the N&O is attached to a Notice of Pendency of Nuisance
Abatement Action (“NoP”) the City recorded on the Subject Property, which is attached as Exhibit 11
to the Appendix of Exhibits and are incorporated herein.
16. To date, the Subject Property remains in violation of law with a majority, if not all, of the
same fire hazards and fire code violations. Defendant Owners and/or other interested parties have failed
to, are unable or unwilling to address or resolve the various and serious fire hazards and fire code
violations identified in the N&O.
17. Based on my professional opinion, the fire and electrical threats and other dangerous
nuisance conditions on the Subject Property pose an immediate and substantial danger to any
entrants, occupants, nearby residents, emergency responders in the event of an emergency, and
the community. The volume and type of violations on the Subject Property also indicate potentially
serious latent defects, which may pose additional unknown fire dangers. The on-going fire and health
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and safety hazards on the Subject Property and the danger and harm they bring to the community
diminish the livability, enjoyment, use, and property values of neighboring properties and require
immediate attention. The danger to first responders is also increased due to the substandard conditions
at the Subject Property. In order to protect the health and safety of any occupants, neighbors, and the
public, all of these dangerous and unlawful conditions must be abated immediately.
18. The Subject Property poses a serious fire hazard. The Subject Property lacks operable smoke
detectors, fire rated construction, adequate fire sprinklers, fire alarm and safety systems, and other
necessary fire safety requirements, as described above and in the N&O, contributing to the risk of a fire
spreading and endangering the life of anyone present, as well as delaying emergency response time. The
accumulation of combustible debris around potential sources of ignition, storage of items in a manner
that promotes the spread of a fire, and inaccessible, inoperable, broken, or inadequate fire safety systems
and equipment, all serve as means by which a dangerous, destructive, and deadly fire can spread and
intensify, not just at the Subject Property but also to neighboring parcels.
19. In my professional opinion, based on my training, experience and observations, the
appointment of a court receiver and other relief is warranted in this case to address the substantially
dangerous and persistent fire safety hazards and fire code-related violations on the Subject Property.
My staff has observed the same or similar violations continuing or recurring on the Subject Property
since 2024, and I have personally observed the same or similar violations since my time of employment
starting in January 2025. I am aware the City has re-inspected and monitored the Subject Property
several times since the N&O was issued, and since this action was filed to confirm that the violations
still persist.
20. Moreover, all the fire permits which had expired by September 2025, except for one that
was renewed, remain expired. The permit for an underground fire line and a hydrant has never passed
inspection and remains unresolved. The Subject Property is no closer to being brought into a fire safe
condition free from the extensive fire hazards and fire code violations.
21. With the Subject Property in such an extremely unsafe condition, the appointment of a court
receiver and other relief is the only way to ensure that the Subject Property is fully rehabilitated as
needed, and rehabilitated timely, to ensure the protection of occupants and the public. After more than
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years of other code enforcement efforts, 180 days’ notice from the City and Fire Department in the N&O
of the fire-related violations on site, and over five months since the present nuisance abatement action
was filed, it is clear that those responsible for the Subject Property are unable or unwilling to take the
measures necessary to fully remediate the dangers. A professional receiver with the expertise in
remediation is needed to finally and fully make the Subject Property safe and up to code.
22. As such, we respectfully ask this Court to protect our community and neighborhood from a
potentially fatal disaster which may occur if the Subject Property is not rehabilitated through the
appointment of a receiver and other relief that can immediately bring the Subject Property into
compliance with the law.
I declare under penalty of perjury under the laws of the State of California that the foregoing is
true and correct. Executed in the County of San Luis Obispo, California.
Dated: March __6__, 2026
By: _________________________
JOSH DANIEL
Fire Marshal
CITY OF SAN LUIS OBISPO