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10 J U N - 2 Pn 2: 18
OI6) 4-42-7757
FAX Oie) 442-7759 I c f M prsorrcc •'-•'
CHARLES H BELL J R TSZ\ S E V E N T H S T R E E T , S U I T E aos
COLLEEN C MCANDREWS SANTA M O N I C A , CA 9 0 4 0 I
THOMAS W HILTACHK OIO) 4SS-I40S
BRIAN T HILDRETH FAX I3IO) 260-2666
A S H L E E N TITUS > VITWW bmhIaW COITl
PAUL GOUGH
OF C O U N S E L
June 2, 2010
BY HAND DELIVERY
SPECIAL APPEARANCE
Should the Court hear the Application on the merits, Mr. Dunn wishes the Court to
consider the following opposition.
However, Plaintiffhas failed to satisfy the most basic (and most critical)
requirements for seeking exparte relief. Most notably Plaintiffhas failed to establish
"good cause" for this Court to grant exparte relief shortening time:
2068 01
The Honorable Shelleyanne W.L. Chang
Judge of the Superior Court of California
County of Sacramento
June 2, 2010
Page 2 of4
Judges are usually more cautious about shortening time for notice
than about extending time. An application for an order shortening
time must be supported by a declaration showing "good cause" for
the order.
***
The applicant must additionally show by declaration that the lack
oftime IS due to causes beyond the applicant's control, or other
good reasons for shortening time.
(R Weil & I. Brown, Caiifomia Practice Guide, Civil Procedure Before Trial (The
Rutter Group 2005), § 9:364.)
Weil & Brown also define what "good cause" means in the context of exparte
relief:
{Id at § 9:358.)
Plaintiffhas failed to meet this basic "good cause" standard. Plaintiff apparently
intentionally delayed until the 11"^ hour to bring her underlying action and the present Ex
Parte Application. Defendant Dunn filed his candidate Intention Statement (Form 501) on
November 5, 2009 (some seven months ago). (See Exhibit A hereto.) Mr. Dunn
subsequently filed his Declaration of Candidacy on March 10, 2010. (See Exhibit B
hereto.) Yet while the clock ticked, Plaintiff apparently dawdled ~ for months ~ finally
filing her lawsuit on May 10, 2010 (less than 30 days before the Statewide Direct Primary
Election). Plaintiff then waited another week before actually serving her Complaint on Mr.
Dunn.
Notably, in between the time Plaintiff filer her lawsuit and her noticing ofthe
present Ex Parte Application, Plaintiffnever informed Mr. Dunn that she would seek an
expedited hearing on the merits. Plaintiff also never reached out to opposing counsel
seeking to meet-and-confer regarding a stipulated briefing schedule to have the matter
heard before the June 8, 2010 election. Nor did she ever apparently notify the Court that
(in her opinion) a shortened briefing schedule was necessary in this matter. Now with just
days remaining before the election, Plaintiffseeks to have Mr. Dunn thrown off the ballot -
- and wants to give Mr. Dunn two days to prepare an opposition to Plaintiffs 18-page
Complaint alleging five separate causes ofaction.
2068 01
The Honorable Shelleyanne W.L. Chang
Judge ofthe Superior Court ofCalifomia
County of Sacramento
June 2, 2010
Page 3 of4
There is patently no basis for exparte relief here. Whatever time problems she now
claims. Plaintiff created them by her own multiple (and compounding) delays
Substantial prejudice will result against Defendant Dunn ifhe is forced to defend
Piamtiffs lawsuit in just two-day's time. He is a candidate for statewide office in the fmal
days ofa contested election campaign for the office of Secretary of State. To force him to
devote campaign funds and resources, and his own personal time, to defend Plaintiffs
lawsuit in the waning days ofthe election this lawsuit is likely an infnngement ofhis First
Amendment rights by Plaintiff.
Here, Plaintiffs papers are clearly inadequate, and Piaintiffs Application should be
denied without oral argument. Quite simply, Plaintiffdid not provide this Court with a
declaration stating whether opposing party is represented by counsel, or whether that party
has been contacted and has agreed to the requested order.
2068 01
The Honorable Shelleyanne W.L. Chang
Judge ofthe Superior Court ofCalifomia
County of Sacramento
June 2, 2010
Page 4 of4
In addition, under the Cahfomia Rules ofCourt, no application for exparte relief
may be granted unless the applicant provides a declaration showing compliance with the
notice requirements of CRC 3 1204(b), which states:
(1) The notice given, includmg the date, time, manner, and name
ofthe party informed, the relief sought, any response, and whether
opposition IS expected and that, within the applicable time under
mle 3.1203, the applicant informed the opposing party where and
when the application would be made;
Plaintiffs Ex Parte application fails to comply with the Rules ofCourt and, thus.
This Court must deny her Application.
^ ^
Bnan T. Hildreth
Altorneyfor Defendant,
DAMON DUNN
BTH: sd
2068 01
EXHIBIT A
RPCESVED A^8D F*ir|5e
r ^ f a ^ J r ' - Q ~ ^ a SeCfBtaryCTow>t° CANDIDATE INTE>ITION STATEMENT
Candidate intention Statement Type^Prinl^inJnk. ' " ^ ^ o W s t e ^ obCpSMP'« CALIFORNIA
FORM
^OV 1 3 2009 For Official Use Only
13 I accept the voluntary expenditure ceiling for the election stated above
n I do not accept the voluntary expenditure ceiling for the election stated above
h^"
Amendment
O I did not exceed the expenditure ceiling in the primary or special election held on- / / and 1 accept the voluntary expenditure ceiling for the
general or speciai run-off election
(Klark ll applicable)
ti
U On L J. _ I contributed personal funds in excess of the expenditure ceiling for the election stated above.
3. Verification:
I certify under penalty of perjury under the laws of the State of California gregoing is'lRigjgnd con-ect.
Candidate inibals
•^ _ i ^ ry \A/^rtsA, j;ov W v^
Print Your Name for Use on the Ballot
if preferring no
designaton-
N01^i33^f«2Sepretary of State will publish one of the above addresses in the certified list of candidates
and on the SOS'website. Please cbeck the appropriate box above to indicate which address you wish
to use for this purpose, if no box is selected, the maiiing address will be used.
I meet the statutory and constitutional qualifications for this office (including but not limited to
cibzenship, residency and party affiliation, if required). I am at present an incumbent of the following
public office (if any):
I deciare under penalty of perjUQyjnder the laws j ^ e State of California that the foregoing is true and correct.
3 f lOfzo
Dafe
te Signature of Candidate
OATH OF OFFICE ~^ ~ ~
I, DAMON DUNN, do solemnly swear (or affirm) that I will support and defend the Constitution of the United States and
the Constitution of the State of Califomia against alt enemies, foreign and domestic; ftiat I witl bear true faith and
allegiance to the Constitution ofthe United State$ and the Constitution of the State of Califbmia; that I tal<e this obligation
freely, vflfhout any mental reservation or purpose ot.eyasion, and thaL' will well and faithfully discharge the duties upon
which I am about to enter
State of Calrfomia }
County of Orange } ss.
I hereby certify that (1) at the time of presentation of this declaration and continuously for
nof iess than three months immediately prior thereto, or for as long as he/she has been
eligible to vote in the state, the above-named candidate is shown by his/her affidavit of
registration, executed on j - l l - f d ' ^ . to be affiliated with the political party the
nomination of which he/she seel^s, and (2) the candidate has not been registered as
affiliated with any other political party for the twelve-month penod immediately preceding
the filing of this declaration **»»»»i!«B*iiW i d l n o b n t
Dated this IQ^ day of Ms^^L ,2010.
Pnor Registration NEAL KELLEY,
Party Affiliation Dates Registrar of Voters 3s;:;.,
By. ., Deputy
DerJarstion of Candidacy - Partisan 20io
A'l code sectior' refe'enrea are to the California Elections Code unless stated otherwise