1 Michael J. Aguirre, Esq.

, SBN 060402
Maria C. Severson, Esq., SBN 173967
2 AGUIRRE & SEVERSON, LLP
501 West Broadway, Suite 1050
3 San Diego, CA 92101
Telephone: (619) 876-5364
4 Facsimile: (619) 876-5368

5 Attorneys for Plaintiffs

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA

9 COUNTY OF SAN DIEGO
10

11 CITIZENS OVERSIGHT, INC., et al., Case No. 37-2015-00037137-CU-WM-CTL

Assigned for All Purposes to the Honorable Judith
12 Petitioners and Plaintiffs, F. Hayes, Dept. C-68
13 v. NOTICE OF EX PARTE APPLICATION
AND APPLICATION TO ENTER ORDER ON
14 CALIFORNIA COASTAL COMMISSION, STIPULATION TO CONTINUE FINAL
et al., HEARING ON WRIT OF MANDAMUS
15
Respondents and Defendants. Date: July 5, 2017
16 Time: 8:30 a.m.
Dept.: C-68
17
Petition filed: November 3, 2015
18

19 PLEASE TAKE NOTICE THAT on July 5, 2017 at 8:45 a.m., Plaintiffs/Petitioners will

20 appear ex parte before the Honorable Judith f. Hayes in Department 68 of the San Diego Superior

21 Court, 330 West Broadway, San Diego, California, 92101 to request the Court sign an order on

22 the Stipulation for Order of Continuance on Filing Hearing on Writ of Mandamus filed with the

23 Court today, June 30, 2017. The application will be based on this application, the files in this

24 case, and any other evidence that may be developed at the hearing.

25 Notice of this ex parte was given to counsel on June 30, 2017 by service through One

26 Legal, the Courts electronic filing system.

27 ///

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1
NOTICE OF EX PARTE APPLICATION AND APPLICATION TO CONTINUE FINAL HEARING ON WRIT OF MANDAMUS
 1
APPLICATION
2
The final hearing on Petitioners Writ of Mandamus was previously continued to 14 July
3
2017 pursuant to an order on stipulation submitted by the parties so that settlement negotiations
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could take place. Sufficient progress has been made with respect to settlement such that that the
5
parties, on 30 June 2017, filed a second Stipulation for Continuance of Final Hearing on Petition
6
for Writ of Mandamus asking the Court to continue the final hearing to the first available date
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after 30 August 2017.
8
This application is being filed in an abundance of caution so that the Court, if finding
9
good cause, can take action to continue the hearing and spare the Courts resources and counsel at
10
so that the parties can continue with their progress with respect to settlement. A copy of the
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Stipulation is attached hereto for the Courts convenience.
12
AGUIRRE & SEVERSON LLP
13

14 Dated: June 30, 2017 /s/Maria C. Severson

Maria C. Severson
15 Attorneys for Petitioners/Plaintiffs

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NOTICE OF EX PARTE APPLICATION AND APPLICATION TO CONTINUE FINAL HEARING ON WRIT OF MANDAMUS
 1 EDWARD J. CASEY (SBN 119571)
ANDREAS. WARREN (SBN 287781)
2 ALSTON & BIRD LLP
333 South Hope Street
3 Sixteenth Floor
4 Los Angeles, CA 90071-1410
Telephone: (213) 576-1000
5 Facsimile: (213) 576-1100
Email: ed.casey@alston.com; andrea.warren@alston.com
6

7 LINDA ANABTA WI (SBN 222723)

IAN M. FORREST (SBN 240403)
8 SOUTHERN CALIFORNIA EDISON COMP ANY
2244 Walnut Grove Avenue
9 Rosemead, CA 91770
10 Telephone: (626) 302-6832
Facsimile: (626) 302-1926
11 Email: Linda.Anabtawi@sce.com; Ian.Forrest@sce.com

12 Attorneys for Real Party in Interest

SOUTHERN CALIFORNIA EDISON COMP ANY
13

14 SUPERIOR COURT OF THE STATE OF CALIFORNIA

15 FOR THE COUNTY OF SAN DIEGO

16
17 CITIZENS OVERSIGHT, INC., a California non- Case No.: 37-2015-00037137-CU-WM-CTL
profit corporation; PATRICIA BORCHMANN, an
18 individual [Assigned to the Honorable Judith F. Hayes -
Department 68]
19 Petitioners and Plaintiffs
STIPULATION FOR CONTINUANCE OF
20 v. FINAL HEARING ON PETITION FOR
WRIT OF MANDAMUS; AND
21 CALIFORNIA COASTAL COMMISSION; [PROPOSED] ORDER THEREON
SOUTHERN CALIFORNIA EDISON
22 COMPANY, Real Pmiy in Interest; and DOES 1
TO 100; Hearing Date: July 14, 2017
23 Time: 2:00 p.m.
Respondents and Defendants. Department: C68
24

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Action Filed: November 3, 2015
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STIPULATION FOR CONTINUANCE OF FINAL HEARING ON PETITION FOR WRIT OF MANDAMUS; AND
[PROPOSED] ORDER THEREON
LEGAL02/37377607v2
 1 Petitioners Citizens Oversight, Inc. and Patricia Borchmann ("Petitioners"), Respondent

2 California Coastal Commission ("Respondent") and Real Party in Interest Southern California Edison

3 Company ("Real Party") enter into the Stipulation For Continuance of Final Hearing on Petition for

4 Writ of Mandamus ("Stipulation") set forth in Section II below. This Stipulation is based on the facts

5 set forth in Section I below.

6 I.
7 RECITALS

8 A. Petitioners filed their Verified Petition for Writ of Administrative Mandate (C.C.P.

9 1094.5) and Complaint for Declaratory Relief ("Petition") on or about November 3, 2015.

10 B. On January 25, 2017, this Court entered an order approving the patiies' Stipulation

11 Concerning Preparation of the Administrative Record, Resolution of Pleading Issues, and Establishing

12 Schedule for Briefing for Final Hearing on Petition for Writ of Mandamus. Pursuant to that Stipulation,

13 the administrative record has been lodged and served, and all paiiies have filed all of their respective

14 briefs.

15 C. Since the parties' submittal of a Stipulation on April 7, 2017 requesting a continuance

16 of the final hearing date, settlement negotiations have proceeded in earnest. Sufficient progress has

17 been made with respect to settlement such that, with additional time, an agreement may be reached,

18 which would resolve this matter. Accordingly, the parties seek a short continuance of the final hearing

19 date on the Petition, which is currently set for July 14, 2017.

20 II.

21 STIPULATION

22 The parties stipulate and agree as follows:

23 A. The final hearing date on the Petition may be continued to the first available hearing

24 date after August 30, 2017.

25 B. If a settlement is not reached and the final hearing on the Petition goes forward, no

26 party shall file, lodge or serve any additional pleading, evidence or legal authorities at or before the

27 continued final hearing. Instead, the final hearing on the Petition will proceed on the briefs, ancillary

28 1
STIPULATION FOR CONTINUANCE OF FINAL HEARING ON PETITION FOR WRIT OF MANDAMUS; AND
[PROPOSED] ORDER THEREON
LEGAL02/37377607v2
 1 pleadings and administrative record filed as of the date of the April 7, 2017 Stipulation, and oral
2 argument by the parties.

3 C. This Stipulation can be signed in counterpart, and this Stipulation can be filed with

4 signatures submitted by PDF.

6 Dated: June, 2017 MICHAEL 3. AGUIRRE

MARIA C. SEVERSON
7
AGUIRRE & SEVERSON, LLP
8

9 By
:Iverson
10 At eys for Petitioners
CITIZENS OVERSIGHT, INC., AND
11 PATRICIA BORCHMANN

12
Dated: June 2017 XAVIER BECERRA
13 ATTORNEY GENERAL OF CALIFORNIA
14 JAMBE JORDAN PATTERSON
SUPERVISING DEPUTY ATTORNEY GENERAL
15

16 By
JAMEE JORDAN PATTERSON
17 Supervising Deputy Attorney General
Attorneys for Defendant and Respondent
18 CALIFORNIA COASTAL COMMISSION.

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Dated: June2-4Y, 2017 EDWARD 3. CASEY
20 ANDREA WARREN
ALSTON & BIRD, LIT
21

22 By
Edward J. Casey
23 Attorneys for Real Party in Interest
SOUTHERN CALIFORNIA EDISON COMPANY
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STIPULATION FOR CONTINUANCE OF FINAL HEARING ON PETITION FOR WRIT OF MANDAMUS; AND
[PROPOSED] ORDER THEREON
LECiAL02/37377607v2
 1 ORDER

2 Having considered the foregoing Stipulation and good cause appearing, IT IS HEREBY

3 ORDERED THAT:

4 1. The Stipulation is approved in full. The final hearing on the Petition is continued to

5 , 2017, at p.m.

7
DATED:
8
Honorable Judith F. Hayes
9 Judge of the Superior Court

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STIPULATION FOR CONTINUANCE OF FINAL HEARING ON PETITION FOR WRIT OF MANDAMUS; AND
[PROPOSED] ORDER THEREON
LEGAL02/37377607v2
 1 PROOF OF SERVICE
I, Yolanda S. Ramos, declare:
2
I am employed in the County of Los Angeles, State of California. I am over the age of 18 and
3 not a party to the within action. My business address is Alston & Bird LLP, 333 South Hope Street,
Sixteenth Floor, Los Angeles, California 90071. I am over the age of eighteen years and not a party
4 to the action in which this service is made.
5 On June 30, 2017, I served the document(s) described as STIPULATION FOR
CONTINUANCE OF FINAL HEARING ON PETITION FOR WRIT OF MANDAMUS; AND
6 [PROPOSED] ORDER THEREON on the interested parties in this action by enclosing the
document(s) in a sealed envelope addressed as follows:
7
SEE ATTACHED SERVICE LIST
8
BY MAIL: I am "readily familiar" with this firm's practice for the collection and the
9 processing of correspondence for mailing with the United States Postal Service. In the
ordinary course of business, the correspondence would be deposited with the United
10 States Postal Service at Alston & Bird LLP, 333 South Hope Street, 16th Floor, Los
Angeles, CA 90071 with postage thereon fully prepaid the same day on which the
11 correspondence was placed for collection and mailing at the firm. Following ordinary
business practices, I placed for collection and mailing with the United States Postal
12 Service such envelope at Alston & Bird LLP, 333 South Hope Street, 16th Floor, Los
Angeles, CA 90071.
13
UPS NEXT DAY AIR I deposited such envelope in a facility regularly maintained by
14 UPS with delivery fees fully provided for or delivered the envelope to a courier or driver
of UPS authorized to receive documents at Alston & Bird LLP, 333 South Hope Street,
15 16th Floor, Los Angeles, CA 90071.
16 BY FACSIMILE: I telecopied a copy of said document(s) to the following addressee(s)
at the following number(s) in accordance with the written confirmation of counsel in this
17 action.
18 0 BY ELECTRONIC MAIL TRANSMISSION WITH ATTACHMENT: On this date, I
transmitted the above-mentioned document by electronic mail transmission with
19 attachment to the parties at the electronic mail transmission address set forth on the
attached service list.
20
0 [State] I declare under penalty of perjury under the laws of the State of California that the
21 above is true and correct.
22 [Federal] I declare under penalty of perjury that the foregoing is true and correct.
23 Executed on June 30, 2017, at Los Angeles, California
24

25 i'''Otatad a S. Ramos
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 Citizens Oversight, Inc., et al., v. California Coastal Commission, et al.
1 San Diego County Superior Court, Case No. 37-2015-00037137-CU-WM-CTL
2

3 SERVICE LIST
4
Michael J. Aguirre, Esq. Attorneys for Petitioners
5 Maria C. Severson, Esq. CITIZENS OVERSIGHT, INC.
Aguirre & Severson, LLP PATRICIA BORCHMANN
6 501 West Broadway, Suite 1050
San Diego, CA 92101 Telephone: (619) 876-5364
7 Facsimile: (619) 876-5368
8 Email: maguirre@amslawyers.com
Email: mseverson@amslawyers.com
9
Xavier Becerra, Attorney General Attorneys for Respondent
10
Jamee Jordan Patterson, CALIFORNIA COASTAL
11 Supervising Deputy Attorney General COMMISSION
Hayley Peterson, Deputy Attorney General
12 600 West Broadway, Suite 1800 Telephone: (619) 645-2023
San Diego, CA 92101 Facsimile: (619) 645-2271
13 P.O. Box 85266 Email: Jamee.Patterson doj.ca.gov
San Diego, CA 92186-5266 Hayley.Peterson@doj .ca. gov
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