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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP
A Limited Liability Partnership
Including Professional Corporations
EbIEDETlegg €365: IEEECPALI FORN IA
JACK H. RUBENS, Ca] Bar No. 106240 COUNTY OF SAN BERNARDINO
Jl'ubenS@Sheppardmullm-00m SAN BERNARDINO DISTRICT
PAUL L. SEELEY, Cal Bar No. 2523 1 8
pseeley@sheppardmullin.com 11/14/2023 4:40 PM
TORI D. KUTZNER, Cal Bar No. 334057
tkutzner@sheppardmullin.com By: Sergio Villanueva, DEPUTY
333 South Hope Street, 43rd Floor
Los Angeles, California 9007 1 -1422
Telephone: 213.620.1780
Facsimile: 213.620.1398
Attorneys for Petitioners and Plaintiffs
LCTH INVESTMENT, L.P., and
PACIFIC COMMUNITIES BUILDER, INC.
10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 FOR THE COUNTY OF SAN BERNARDINO
12
13 LCTH INVESTMENT, L.P., et a1., Case N0. CIVSB2303245
14 Petitioners and Plaintiffs, DECLARATION OF PAUL L. SEELEY IN
SUPPORT OF PETITIONERS’ MOTION
15 V. FOR RECONSIDERATION OF
OCTOBER 30, 2023 ORDER
16 CITY OF HESPERIA, et al., SUSTAINING RESPONDENTS’
DEMURRER TO THE FIRST CAUSE OF
17 Respondents and Defendants. ACTION
18 [Notice ofMotion, Motion, Memorandum 0f
Points and Authorities, and Declarations 0f
19 Zachary M Norris and Sandra Felixfiled
concurrently herewith]
20
Date: February 21, 2024
21 Time: 8:30 am.
Dept: $28
22
Judge: Hon. Michael S. Sachs (Dept. $28)
23
Complaint Filed: March 14, 2023
24 Trial Date: Not Set
25
26
27
28
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SMRH:4854—7991-0288.1 DECLARATION OF PAUL L. SEELEY ISO
MOTION FOR RECONSIDERATION
PETITIONERS’
DECLARATION OF PAUL L. SEELEY
I, Paul L. Seeley, declare as follows:
1. I am an attorney duly admitted to practice before this Court. I am a partner
with Sheppard, Mullin, Richter & Hampton LLP (“Sheppard Mullin”), attorneys of record for
petitioners and plaintiffs LCTH Investment, L.P. (“fl”) and Pacific Communities Builder, Inc.
(“PC_B,” and together with LCTH, “Petitioners”). If called as a Witness, I could and would
competently testify t0 all facts within my personal knowledge except where stated upon
information and belief.
2. I serve as counsel for Petitioners and other affiliated entities in various
10 related lawsuits against respondents and defendants City 0f Hesperia and its City Council
11 (together, the “C_ity”), which are pending in the San Bernardino Superior Court, including the
12 above-captioned action. I started working 0n these matters in or around September 2023, after
13 Zachary M. Norris, who previously served as counsel for Petitioners, informed me of his intention
14 t0 end his employment at Sheppard Mullin and began t0 transition his work on these matters to
15 me.
16 3. On August 10, 2023, prior to the time I began working 0n the above-
17 captioned action, the City filed a demurrer (the “Demurrer”) to the First Cause 0f Action (the
18 “m? in Petitioners’ First Amended Verified Petition for Peremptory Writ 0f Mandate and
19 Complaint for Declaratory Relief and Denial of Equal Protection (the “m3. The City’s
20 Demurrer, Which argued that the Claim is time-barred, focused on the fact that the Summons in the
21 above-entitled action bears a stamp showing it was ostensibly “Filed” on May 12, 2023. For the
22 Court’s reference, a true and correct copy 0f the Demurrer is attached hereto as Exhibit 1.
23 4. On October 16, 2023, Petitioners filed their opposition (the “Opposition”)
24 t0 the City’s Demurrer. Focusing on the arguments made by the City in the Demurrer, Petitioners
25 submitted evidence showing that regardless of the date the Summons may have been stamped,
26 Petitioners did not receive the signed Summons until June 7, 2023, and thus it was impossible t0
27 serve the City With the signed Summons until after June 7, 2023. For the Court’s reference, a true
28
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SMRH34854'7991'0288-1 DECLARATION OF PAUL L. SEELEY ISO
PETITIONERS’ MOTION FOR RECONSIDERATION
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SHEPPARD, MULLIN, RICHTER & HAMPTON LLP A Limited Liability Partnership Including Professional Corporations EbIEDETlegg €365: IEEECPALI FORN IA JACK H. RUBENS, Ca] Bar No. 106240 COUNTY OF SAN BERNARDINO Jl'ubenS@Sheppardmullm-00m SAN BERNARDINO DISTRICT PAUL L. SEELEY, Cal Bar No. 2523 1 8 pseeley@sheppardmullin.com 11/14/2023 4:40 PM TORI D. KUTZNER, Cal Bar No. 334057 tkutzner@sheppardmullin.com By: Sergio Villanueva, DEPUTY 333 South Hope Street, 43rd Floor Los Angeles, California 9007 1 -1422 Telephone: 213.620.1780 Facsimile: 213.620.1398 Attorneys for Petitioners and Plaintiffs LCTH INVESTMENT, L.P., and PACIFIC COMMUNITIES BUILDER, INC. 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF SAN BERNARDINO 12 13 LCTH INVESTMENT, L.P., et a1., Case N0. CIVSB2303245 14 Petitioners and Plaintiffs, DECLARATION OF PAUL L. SEELEY IN SUPPORT OF PETITIONERS’ MOTION 15 V. FOR RECONSIDERATION OF OCTOBER 30, 2023 ORDER 16 CITY OF HESPERIA, et al., SUSTAINING RESPONDENTS’ DEMURRER TO THE FIRST CAUSE OF 17 Respondents and Defendants. ACTION 18 [Notice ofMotion, Motion, Memorandum 0f Points and Authorities, and Declarations 0f 19 Zachary M Norris and Sandra Felixfiled concurrently herewith] 20 Date: February 21, 2024 21 Time: 8:30 am. Dept: $28 22 Judge: Hon. Michael S. Sachs (Dept. $28) 23 Complaint Filed: March 14, 2023 24 Trial Date: Not Set 25 26 27 28 _1_ SMRH:4854—7991-0288.1 DECLARATION OF PAUL L. SEELEY ISO MOTION FOR RECONSIDERATION PETITIONERS’ DECLARATION OF PAUL L. SEELEY I, Paul L. Seeley, declare as follows: 1. I am an attorney duly admitted to practice before this Court. I am a partner with Sheppard, Mullin, Richter & Hampton LLP (“Sheppard Mullin”), attorneys of record for petitioners and plaintiffs LCTH Investment, L.P. (“fl”) and Pacific Communities Builder, Inc. (“PC_B,” and together with LCTH, “Petitioners”). If called as a Witness, I could and would competently testify t0 all facts within my personal knowledge except where stated upon information and belief. 2. I serve as counsel for Petitioners and other affiliated entities in various 10 related lawsuits against respondents and defendants City 0f Hesperia and its City Council 11 (together, the “C_ity”), which are pending in the San Bernardino Superior Court, including the 12 above-captioned action. I started working 0n these matters in or around September 2023, after 13 Zachary M. Norris, who previously served as counsel for Petitioners, informed me of his intention 14 t0 end his employment at Sheppard Mullin and began t0 transition his work on these matters to 15 me. 16 3. On August 10, 2023, prior to the time I began working 0n the above- 17 captioned action, the City filed a demurrer (the “Demurrer”) to the First Cause 0f Action (the 18 “m? in Petitioners’ First Amended Verified Petition for Peremptory Writ 0f Mandate and 19 Complaint for Declaratory Relief and Denial of Equal Protection (the “m3. The City’s 20 Demurrer, Which argued that the Claim is time-barred, focused on the fact that the Summons in the 21 above-entitled action bears a stamp showing it was ostensibly “Filed” on May 12, 2023. For the 22 Court’s reference, a true and correct copy 0f the Demurrer is attached hereto as Exhibit 1. 23 4. On October 16, 2023, Petitioners filed their opposition (the “Opposition”) 24 t0 the City’s Demurrer. Focusing on the arguments made by the City in the Demurrer, Petitioners 25 submitted evidence showing that regardless of the date the Summons may have been stamped, 26 Petitioners did not receive the signed Summons until June 7, 2023, and thus it was impossible t0 27 serve the City With the signed Summons until after June 7, 2023. For the Court’s reference, a true 28 -2- SMRH34854'7991'0288-1 DECLARATION OF PAUL L. SEELEY ISO PETITIONERS’ MOTION FOR RECONSIDERATION