This case was last updated from Fresno County Superior Courts on 03/08/2018 at 02:50:15 (UTC).

John R. Lawson Rock vs. California Air/CEQA

Case Summary

On 05/23/2014 John R Lawson Rock filed an Other - Writ Of Mandamus lawsuit against California Air/CEQA. This case was filed in Fresno County Superior Courts, Bf Sisk Courthouse located in Fresno, California. The Judges overseeing this case are Snauffer, Mark and Snauffer, Mark W. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1494

  • Filing Date:

    05/23/2014

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Other - Writ Of Mandamus

  • Court:

    Fresno County Superior Courts

  • Courthouse:

    Bf Sisk Courthouse

  • County, State:

    Fresno, California

Judge Details

Judges

Snauffer, Mark

Snauffer, Mark W

 

Party Details

Plaintiffs

John R. Lawson ROck & Oil, Inc.

California Trucking Association

Defendants

California Air Resources Board

Richard Corey, Executive Officer of California AIr Resources

Attorney/Law Firm Details

Plaintiff Attorney

Jones, Timothy

Wanger Jones Helsley Pc 265 E. River Park Circle Suite 310/P.O. Box 28340

Fresno, CA 93729

Defendant Attorneys

Nguyen, Nhu Q

Hildreth, Russell B.

 

Court Documents

Judgment

Judgment After Court Trial; Judicial Officer: Snauffer, Mark; Judgment Type: Judgment After Court Trial; Judgment - Non-Monetary Award; Awarded To:; John R. Lawson ROck & Oil, Inc.; California Trucking Association; Awarded Against:; California Air Resources Board; Richard Corey, Executive Officer of California AIr Resources

Amended Document Filed

Notice of Appeal; Comment: Amended Notice of Appeal re Appeal No. F074003

Opposition filed

Opposition to Motion for Attorney Fees; Comment: Opposition to Motion for Attorneys' Fees

Request for Judical Notice

Request; Comment: for Judicial Notice In Support of Motion for Attorneys' Fees After Judgment Granting Petition for Writ of Mandate and Adjudicating Complaint for Declaratory and Injunctive Relief

Memorandum of Points and Authorities

Memorandum of Points & Authorities; Comment: In Support of Motion for Attorneys' Fees After Judgment Granting Petition for Writ of Mandate and Adjudicating Complaint for Declaratory and Injunctive Relief

Response filed

Response filed; Comment: to Objections to Proposed Judgment

Objection filed

Objection filed; Comment: Objections to Petitioners Proposed Judgment

Notice Filed

Notice Filed; Comment: Supplemental Compendium of excerpts from the administrative record.

Notice Filed

Notice Filed; Comment: Appendix of non-California authorities in support of petitioners opening brief

Judgment

Judgment After Court Trial; Judicial Officer: Snauffer, Mark; Judgment Type: Judgment After Court Trial; Judgment - Monetary and Non-Monetary Award; Awarded To:; California Trucking Association; Judgment Amount: $11,998.77; Awarded Against:; California Air Resources Board; Richard Corey, Executive Officer of California AIr Resources; Judgment - Monetary and Non-Monetary Award; Awarded To:; John R. Lawson ROck & Oil, Inc.; And Attorney Fees: $68,182.55; Awarded Against:; California Air Resources Board; Richard Corey, Executive Officer of California AIr Resources

Notice of Appeal Filed - Civil

Notice of Appeal; Comment: Cross-Appeal

Appellant Notice Designating Record - Appendix, RTX

Appellant's Notice Designating on Appeal; Comment: Appendix and Reporter's Transcripts

Notice Filed

Notice; Comment: Letter addressed to Honorable Mark W. Snauffer

Proof of Service

Proof of Service

Notice of Entry of Judgment

Notice of Entry of Judgment; Comment: Granting Petition for Writ of mandate and Adjudicating Complaint for Declaratory and Injunctive Relief

Minute Order Attachment

Minute Order Attachment; Comment: Clerk's Certificate of Mailing attached. Tentative Statement of Decision attached.

Minute Order Attachment

Minute Order Attachment

Request for Judical Notice

Request for Judical Notice; Comment: in support of reply brief

63 More Documents Available

 

Docket Entries

  • 12/15/2016
  • View Court Documents
  • Disposition: Judgment- Judgment After Court Trial; Judicial Officer: Snauffer, Mark; Judgment Type: Judgment After Court Trial; Judgment - Monetary and Non-Monetary Award; Awarded To:; California Trucking Association; Judgment Amount: $11,998.77; Awarded Against:; California Air Resources Board; Richard Corey, Executive Officer of California AIr Resources; Judgment - Monetary and Non-Monetary Award; Awarded To:; John R. Lawson ROck & Oil, Inc.; And Attorney Fees: $68,182.55; Awarded Against:; California Air Resources Board; Richard Corey, Executive Officer of California AIr Resources

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  • 12/15/2016
  • Disposition: Judgment- Judicial Officer: Snauffer, Mark; Judgment Type: Judgment After Court Trial; Judgment - Monetary and Non-Monetary Award; Awarded To:; John R. Lawson ROck & Oil, Inc.; And Attorney Fees: $68,182.55; Awarded Against:; California Air Resources Board; Richard Corey, Executive Officer of California AIr Resources

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  • 06/07/2016
  • View Court Documents
  • Disposition: Judgment- Judgment After Court Trial; Judicial Officer: Snauffer, Mark; Judgment Type: Judgment After Court Trial; Judgment - Non-Monetary Award; Awarded To:; John R. Lawson ROck & Oil, Inc.; California Trucking Association; Awarded Against:; California Air Resources Board; Richard Corey, Executive Officer of California AIr Resources

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  • 01/31/2018
  • Opinion from the 5th DCA Filed- Comment: 5TH DCA, Case Number: F074003

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  • 08/16/2017
  • View Court Documents
  • Notice of Change of Address Filed- Notice of Change of Address; Comment: Notice of Change of Address or Other Contact Info

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  • 08/15/2017
  • Order from the 5th DCA Filed - Civil- Comment: F074003

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  • 05/31/2017
  • Refund disbursed and sent to department for approval

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  • 04/03/2017
  • Appeals Receipt Filed- Comment: From: Atty Nhu Q. Nguyen

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  • 03/27/2017
  • Appeals Receipt Filed- Comment: Recipient: John P. Kinsey

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  • 03/23/2017
  • Refund disbursed and sent to department for approval

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182 More Docket Entries
  • 07/29/2016
  • Financial: California Air Resources Board; Total Financial Assessment $200.00; Total Payments and Credits $200.00

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  • 02/03/2017
  • Financial info for John R. Lawson ROck & Oil, Inc.: Counter Payment Receipt # APP-2017-00015 Wanger Jones Helsley PC 265 El River Park Cir, Ste 310 Fresno, CA 93720 $50.00

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  • 02/03/2017
  • Financial info for John R. Lawson ROck & Oil, Inc.: Transaction Assessment $50.00

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  • 12/20/2016
  • Financial info for John R. Lawson ROck & Oil, Inc.: EFile Payment Receipt # WEB-2016-58086 John R. Lawson ROck & Oil, Inc. $100.00

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  • 12/20/2016
  • Financial info for John R. Lawson ROck & Oil, Inc.: Transaction Assessment $100.00

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  • 07/29/2016
  • Financial info for John R. Lawson ROck & Oil, Inc.: EFile Payment Receipt # WEB-2016-32298 John R. Lawson ROck & Oil, Inc. $60.00

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  • 07/29/2016
  • Financial info for John R. Lawson ROck & Oil, Inc.: Transaction Assessment $60.00

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  • 05/23/2014
  • Financial info for John R. Lawson ROck & Oil, Inc.: Counter Payment Receipt # 190657 John R. Lawson ROck & Oil, Inc. $435.00

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  • 05/23/2014
  • Financial info for John R. Lawson ROck & Oil, Inc.: Transaction Assessment $435.00

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  • 05/23/2014
  • Financial: John R. Lawson ROck & Oil, Inc.; Total Financial Assessment $645.00; Total Payments and Credits $645.00

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Complaint Information

E-FILED | 7/29/2016 1 || WANGER JONES HELSLEY PC FRESNO COUNTY SUPERIOR COURT

265 East River Park Circle, Suite 310 By: C. Balleza, DepUty 2 || Fresno, California 93720 Telephone: (559) 233-4800 3 || Facsimile: (559) 233-9330 4 || Timothy Jones #119841 John P. Kinsey #215916 3 Dylan J. Crosby #299536 6 7 || Attorneys for: Petitioners and Plaintiffs John R. Lawson Rock & Oil, Inc., and California 3 ‘ Trucking Association 9 \ SUPERIOR COURT OF CALIFORNIA, COUNTY OF FRESNO

10 | CENTRAL DIVISION

I1 || JOHN R. LAWSON ROCK & OIL, INC; Case No. 14 CE CG 01494 MWS

CALIFORNIA TRUCKING

12 || ASSOCIATION, DECLARATION OF JOHN P. KINSEY

IN SUPPORT OF MOTION FOR

13 Petitioners and Plaintiffs, ATTORNEYS’ FEES AFTER , JUDGMENT GRANTING PETITION 14 V. FOR WRIT OF MANDATE AND

| ADJUDICATING COMPLAINT FOR 15 || CALIFORNIA AIR RESOURCES DECLARATORY AND INJUNCTIVE

BOARD and RICHARD COREY, in his RELIEF 16 j official capacity as Executive Officer of 17 the California Air Resources Board, (CCP § 1021.5) J Respondents and Defendants. Date: August 23,2016 18 Time: 3:30 p.m. | Dept.: 501 19 | Judge: Hon. Mark Snauffer 20 .I 21 ! I, John P. Kinsey, declare as follows: 22 | = I am a shareholder with the law firm of Wanger Jones Helsley PC,

24 | Association (collectively “Petitioners™). [ have personal knowledge of the following matters, 25 | except those stated on information and belief, and as to those matters [ believe them to be true, 26 l and if called as a witness in this proceeding, after being duly sworn, [ could and would 27 || competently testify thereto.

S O & N A

C. The Fees Incurred by Petitioners Are Reasonable preparing and litigating the fee application. I have exercised billing judgment to delete entries

' and not record entries where the time was not reasonably incurred, or where the time did not

Ji 12 | directly relate to this action. (A true and correct copy of the billing entries prepared I contemporaneously with the work performed, which were modified in non-substantive ways to

omit the disclosure of privileged information, are attached hereto as Exhibit “A”.)

15 I 21. The Administrative Record of Proceedings is extensive, consisting of 28 16 J volumes and 8,381 pages.

17 22 Petitioners engaged in lengthy and extensive briefing. During the course of this 18 || proceeding, Petitioners were required to respond to an unsuccessful demurrer filed by 19 || Respondents. On the merits, Petitioners were required to prepare an Opening Brief discussing 20 || numerous issues with a length of 37 pages, prepare a 20-page Reply Brief, and supplemental 21 || briefing following the hearing on the merits. Petitioners also spent considerable time 22 || reviewing Respondents’ briefs which consisted of a 33-page Opposition Brief and 10-page | 23 || Closing Brief.

24 5. Petitioners also engaged in lengthy preparation for the hearing on the Petition, 25 ’ which took place on September 18 and October 16, 2015.

26 24. Petitioners were also tasked with drafting the [Proposed] Statement of Decision, 5 I Judgment, and Writ of Mandate. The [Proposed] Statement of Decision was 39 pages in length. 28 |l ///

(6063/038/00633560 DOC) 6

DECLARATION OF JOHN P. KINSEY IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES AFTER JUDGMENT GRANTING

DECLARATION OF JOHN P. KINSEY IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES AFTER JUDGMENT GRANTING J 29, In this motion, Petitioners are not seeking approximately 16 hours of time spent 2 | by associate attorneys and shareholders, with a value of $9,000.00, as that was time I wrote off. 3 | 26. Petitioners are also not seeking in this motion $8,472.00 for 52.90 hours of | paralegal time spent preparing the Administrative Record of Proceedings in this matter, which

J 29, In this motion, Petitioners are not seeking approximately 16 hours of time spent 2 | by associate attorneys and shareholders, with a value of $9,000.00, as that was time I wrote off. 3 | 26. Petitioners are also not seeking in this motion $8,472.00 for 52.90 hours of | paralegal time spent preparing the Administrative Record of Proceedings in this matter, which

f were included in Petitioners’ Memorandum of Costs. Respondents did not file a motion to tax

|‘ costs.

i ' D. 8 l 27. I understand from personal experience that CEQA and APA cases can be 9 || complex from a technical standpoint, particularly in the context of state rulemakings where the 10 | decision oftentimes involves expert opinion, and technical and scientific data.

11 28. Petitioners successfully argued Respondents failed to prepare an adequate 12 ' (“SRIA”). As a relatively new requirement under the APA, however, there is little to no case 13 r law interpreting the adequacy of a public agency’s [Standardized Regulatory Impact 14 lIAssessment SRIA] or its assessment of the economic impacts of a proposed regulation on 15 j California business and individuals.

16 J 29. This matter also concerned issues regarding the appropriate baseline for 17 J environmental review, an area of rapidly evolving case law. (See Communities For A Better 18 j Environment v. South Coast Air Quality Management Dist. (2010) 48 Cal.4th 310; Neighbors 19 | for Smart Rail v. Exposition Metro Line Const. Authority (2013) 57 Cal.4th 439; People for 20 J Proper Planning v. City of Palm Springs (2016) 247 Cal.App.4th 640.) Petitioners were also 21 || able to condense several legally and scientifically complex issues concerning CARB'’s 22 I rulemaking into easily understood arguments.

23 § 30. Petitioners’ skill in successfully presenting these issues to the Court is an 24 'l indication of their counsels’ extensive experience litigating CEQA and APA matters, as

| explained above.

26 I /1 27 | /1

28 l /1 | {6063/038/00633560. DOC} 7

e s L DECI.LARATION OF JOHN P. KINSEY IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES AFTER JUDGMENT GRANTING

e s L DECI.LARATION OF JOHN P. KINSEY IN SUPPORT OF MOTION FOR ATTORNEYS’ FEES AFTER JUDGMENT GRANTING j E. Other Issues

j E. Other Issues

31. On December 24, 2014, I provided notice to the Attorney General of the State

of California of the filing of the Second Amended Verified Petition for Writ of Mandate and

Complaint for Declaratory and Injunctive Relief, pursuant to Section 21167.7 of the Public Resources Code and Section 388 of the Code of Civil Procedure, a true and correct copy of

’ which is attached as Exhibit “C.”

f I declare under penalty of perjury, under the laws of the State of California, that

J the foregoing is true and correct and that this declaration was executed on July €8, 2016, in

John P. Kinsey

, Fresno, California.