On March 14, 2023 a
Motion-Secondary
was filed
involving a dispute between
Lcth Investments, L.P.,
Pacific Communities Builder, Inc,
and
City Of Hesperia,
City Of Hesperia City Council,
Does 1-50,
for Writ of Mandate Unlimited
in the District Court of San Bernardino County.
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V QRIGINAL y FAME
ALESHIRE & WYNDER. LLP
PAM K. LEE. State Bar N0. 246369
plee @awaltorneys. com
F LE D
PAM K. LEE. State Bar No. 246369
l
SUPERIOR COURT 0F CA Lu:
plee @awatmrneys. com
COUNTY or SAN eenmngggm
JOHN W. FOX. State Bar No. 171426
jfk)x@awulmrneys. com AUG 1 O 2023
PRISCILLA B. GEORGE. State Bar No. 30700]
pgeorge@awattorneys. com
ROBERT M. HENSLEY. State Bar No. 309101 BY:
t btétam: Erfifi
Iyara Frontela. Deputy
rhcnsley@awalt0rne)'s. com
3880 Lemon Street. Suite 520
Riverside. California 92501
Telephone: (95]) 24l-7338
Facsimile: (951) 300-0985
Attorneys for Defendants and Respondents. CITY
ll OF HESPERIA. OF HESPERIA CITY
COUNCIL
IZ
l3 SUPERIOR COURT OF THE STATE OF CALIFORNIA
l4 COUNTY 0F SAN BERNARDINO, SAN BERNARDINO DISTRICT
16 LCTH INVESTMENT. L.P.. a California Case No. CIVSBZ303245
limited partnership; and PACIFIC
l7 COMMUNITIES BUILDER. INC. A DECLARATION OF JOHN W. FOX IN
California Corporation SUPPORT OF RESPONDENTS AND
l8 DEFENDANTS, NOTICE OF
Plaintiffs and Respondents
DEMURRER TO THE FIRST CAUSE 0F
l9
v.
ACTION OF PETITIONERS FIRST
20
AMENDED VERIFIED PETITION FOR
CITY OF HESPERIA. a municipal WRIT OF MANDATE AND COMPLAINT
2| corporation: CITY OF HESPERIA CITY FOR DECLARATORY RELIEF AND
COUNCIL; and DOES 1-50. inclusive DENIAL OF EQUAL PROTECTION,
22
Defendants and Respondents
DEMURRER AND MEMORANDUM OF
POINTS AND AUTHORITIES;
23
(PROPOSED) ORDER THEREOF
24
Date: October ll, 2023
25
Time: 8:30 a.m.
Dept.: 828
26
The Hon. Michael S. Sachs; Dept: $28
27
Action Filed: March l4. 2023
28
01071 0058/914364l
DECLARATION OF JOHN W. FOX 1N SUPPORT OF CITY'S DEMURRER
l. John W. Fox. declare as follows:
l. I am an attorney duly admitted to practice before this Court. l am a Partner with
Aleshire & Wynder. LLP. attorneys of record for Respondents and Defendants. City of Hesperia
and City 0f Hesperia City Council. l have personal knowledge of the facts set forth herein. except
as t0 those stated on information and belief and. as t0 those. l am informed and believe them t0 be
true. lfcalled as a witness. l could and would competently testify to the matters stated herein. I
make this declaration in support of Respondents and Defendants City 0f Hesperia and City of
Hesperia City Council's Demurrer t0 the First Cause of Action of Petitioners/Plaintiffs LCTH
Investment L.P. and Pacific Communities Builder. lnc.‘s First Amended Verified Petition for
Peremptory Writ ofMandate and Complaint for Declaratory Relief and Denial of Equal Protection
(“FAP”).
2. ln order to comply with California Code Civil Procedure section 430.4l(a). on July
3|. 2023, my office advised Petitioners‘ counsel via electronically served written correspondence
ofthe City‘s intent t0 file a demurrer in response to the FAC. This meet and confer correspondence
set forth the grounds for this demurrer and requested a meeting to meet and confer further regarding
resolution 0f the same. A true and correct copy of this email exchange and the attached
"."A
correspondence is attached and incorporated herein as Exhibit
3. On August 3. 2023. Petitioners counsel. Jack Rubens. and l, along with other
attorneys from our respective offices. met and conferred via Zoom regarding Respondents‘ legal
concerns and intent to file a demurrer based 0n the stated grounds. Mr. Rubens stated that the
Petitioners timely served the City with the Petition and Summons when accounting for the delays
in the Court issuing and providing to Petitioner’s counsel the summons in this case. However. he
did not provide any written evidence supponing his claim during the meet and confer session.
4. The parties were unable t0 reach a resolution. thus necessitating the filing of this
demurrer.
///
///
///
01071 0058/914364 l
-2-
DECLARATION OF JOHN W. FOX IN SUPPORT OF CITY'S DEMURRER
Document Filed Date
August 10, 2023
Case Filing Date
March 14, 2023
Category
Writ of Mandate Unlimited
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V QRIGINAL y FAME ALESHIRE & WYNDER. LLP PAM K. LEE. State Bar N0. 246369 plee @awaltorneys. com F LE D PAM K. LEE. State Bar No. 246369 l SUPERIOR COURT 0F CA Lu: plee @awatmrneys. com COUNTY or SAN eenmngggm JOHN W. FOX. State Bar No. 171426 jfk)x@awulmrneys. com AUG 1 O 2023 PRISCILLA B. GEORGE. State Bar No. 30700] pgeorge@awattorneys. com ROBERT M. HENSLEY. State Bar No. 309101 BY: t btétam: Erfifi Iyara Frontela. Deputy rhcnsley@awalt0rne)'s. com 3880 Lemon Street. Suite 520 Riverside. California 92501 Telephone: (95]) 24l-7338 Facsimile: (951) 300-0985 Attorneys for Defendants and Respondents. CITY ll OF HESPERIA. OF HESPERIA CITY COUNCIL IZ l3 SUPERIOR COURT OF THE STATE OF CALIFORNIA l4 COUNTY 0F SAN BERNARDINO, SAN BERNARDINO DISTRICT 16 LCTH INVESTMENT. L.P.. a California Case No. CIVSBZ303245 limited partnership; and PACIFIC l7 COMMUNITIES BUILDER. INC. A DECLARATION OF JOHN W. FOX IN California Corporation SUPPORT OF RESPONDENTS AND l8 DEFENDANTS, NOTICE OF Plaintiffs and Respondents DEMURRER TO THE FIRST CAUSE 0F l9 v. ACTION OF PETITIONERS FIRST 20 AMENDED VERIFIED PETITION FOR CITY OF HESPERIA. a municipal WRIT OF MANDATE AND COMPLAINT 2| corporation: CITY OF HESPERIA CITY FOR DECLARATORY RELIEF AND COUNCIL; and DOES 1-50. inclusive DENIAL OF EQUAL PROTECTION, 22 Defendants and Respondents DEMURRER AND MEMORANDUM OF POINTS AND AUTHORITIES; 23 (PROPOSED) ORDER THEREOF 24 Date: October ll, 2023 25 Time: 8:30 a.m. Dept.: 828 26 The Hon. Michael S. Sachs; Dept: $28 27 Action Filed: March l4. 2023 28 01071 0058/914364l DECLARATION OF JOHN W. FOX 1N SUPPORT OF CITY'S DEMURRER l. John W. Fox. declare as follows: l. I am an attorney duly admitted to practice before this Court. l am a Partner with Aleshire & Wynder. LLP. attorneys of record for Respondents and Defendants. City of Hesperia and City 0f Hesperia City Council. l have personal knowledge of the facts set forth herein. except as t0 those stated on information and belief and. as t0 those. l am informed and believe them t0 be true. lfcalled as a witness. l could and would competently testify to the matters stated herein. I make this declaration in support of Respondents and Defendants City 0f Hesperia and City of Hesperia City Council's Demurrer t0 the First Cause of Action of Petitioners/Plaintiffs LCTH Investment L.P. and Pacific Communities Builder. lnc.‘s First Amended Verified Petition for Peremptory Writ ofMandate and Complaint for Declaratory Relief and Denial of Equal Protection (“FAP”). 2. ln order to comply with California Code Civil Procedure section 430.4l(a). on July 3|. 2023, my office advised Petitioners‘ counsel via electronically served written correspondence ofthe City‘s intent t0 file a demurrer in response to the FAC. This meet and confer correspondence set forth the grounds for this demurrer and requested a meeting to meet and confer further regarding resolution 0f the same. A true and correct copy of this email exchange and the attached "."A correspondence is attached and incorporated herein as Exhibit 3. On August 3. 2023. Petitioners counsel. Jack Rubens. and l, along with other attorneys from our respective offices. met and conferred via Zoom regarding Respondents‘ legal concerns and intent to file a demurrer based 0n the stated grounds. Mr. Rubens stated that the Petitioners timely served the City with the Petition and Summons when accounting for the delays in the Court issuing and providing to Petitioner’s counsel the summons in this case. However. he did not provide any written evidence supponing his claim during the meet and confer session. 4. The parties were unable t0 reach a resolution. thus necessitating the filing of this demurrer. /// /// /// 01071 0058/914364 l -2- DECLARATION OF JOHN W. FOX IN SUPPORT OF CITY'S DEMURRER