Free Motion for Preliminary Injunction - District Court of California - California

Case 3:08-cv-01406-JM-CAB

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PETER D. LEPISCOPO, ESQ. C.S.B. #139583 Counsel of Record BILL MORROW, ESQ. C.S.B. #140772

LEPISCOPO & MORROW, LLP

2635 Camino del Rio South, Suite 109 San Diego, California 92108 Telephone: (619) 299-5343 Facsimile: (619) 299-4767 Lead Attorneys for Plaintiff, GUATAY CHRISTIAN FELLOWSHIP DEAN R. BROYLES, ESQ. C.S.B. #179535 JAMES M. GRIFFITHS, ESQ. C.S.B. # 228467 THE WESTERN CENTER FOR LAW & POLICY 539 West Grand Avenue Escondido, California 92025 Telephone: (760) 747-4549; Facsimile: (760) 747-4505 Attorneys for Plaintiff, GUATAY CHRISTIAN FELLOWSHIP

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA GUATAY CHRISTIAN FELLOWSHIP, ) ) ) Plaintiff, ) ) ) ) v. ) ) ) ) COUNTY OF SAN DIEGO, ) ) ) Defendant. ) ) ) Case No. 08-CV-01406-JM-CAB DECLARATION OF CARL R. SEUSS IN SUPPORT OF GUATAY CHRISTIAN F L O H PSMO I NF R E L WS I' TO O PRELIMINARY INJUNCTION [F.R.Civ.P. Rule 65] DATE: September 25, 2008 TIME: 3:30 p.m. COURTROOM: 16 COURTROOM: 16 JUDGE: HON. JEFFREY T. MILLER TRIAL DATE: None set

I, CARL R. SEUSS, hereby declare and state as follows:

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DECLARATION OF CARL R. SEUSS IN SUPPORT O G A A C R S I NF L O H PS F U T Y H IT A E L WS I' MOTION FOR PRELIMINARY INJUNCTION

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1.

I am not a party to this action. I am over the age of eighteen and have personal

knowledge of the herein stated matters, and, if called upon as a witness, could and would testify competently and accurately to the herein stated matters. 2. A true and correct copy of my most recent resume is filed as Exhibit 32. My educational background can be summarized as follows: I graduated from El

5 6 7 8 9 10 11 12 13 14 5. 15 16 17 18 19 20 21 electrician, sales and estimator, and materials handler). 22 23 24 25 Exhibit 18: 8/15/08 Letter From County Re: Inspection Results of 8/14/08 Inspection 26 27 28 Exhibit 33: 8/19/08 Notice of Investigation/Inspection--Dept. of Planning & Land Use
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3.

Capitan High School Santee, California, on June of 1969. Thereafter I attended Grossmont College where my major was business administration. In addition, I have taken the following continuing education courses at University of California, San Diego: English/writing classes. 4. I have the following certifications and professional licenses: California Contractors

License No. 327840 (A General Engineering and C10 Electrical Contractor); certifications in the following: (a) AutoCAD Computer Design; and (b) Electrical Engineering and Design. For more than 40-years I have been involved in the electrical contracting business

and have worked with the following companies: (a) 1987--Present: Electrical Division Manager, Hamann Construction Company, El Cajon, California (duties included: electrical engineering, design and produce plans on CAD, estimating, and field supervision); (b) 1976-- 1987: C. Seuss Electric, El Cajon, California (owner of electrical contracting business); (c) 1967--1976: J. Frank Electric, Inc., El Cajon, California (duties included: apprentice

6.

In providing the opinions set forth in this declaration I have reviewed the following

documents, true and correct copies of which are filed as the following exhibit numbers:

DECLARATION OF CARL R. SEUSS IN SUPPORT O G A A C R S I NF L O H PS F U T Y H IT A E L WS I' MOTION FOR PRELIMINARY INJUNCTION

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In addition, in providing the opinions set forth in this declaration I have reviewed, considered, and relied upon the California and San Diego County Building and Zoning Codes. 7. I have had the opportunity to carefully review the 8/15/08 Letter of Violations from

the County (Exh. 18) and the 8/19/08 Notice of Investigation/Inspection (Exh. 33) relative to the alleged electrical violations. Until now, in my more than 40-years of experience in the electrical contracting business I have never seen a building inspection municipality do a random inspection on a building like the one conducted on the Guatay Church. 8. Iim oi o t th e c i lt sie a "e os i aos i t 8 5 8 ts y p i h t l tc im lt s sr u v li "n h / / n n a e e ra e s d i o tn e 10

Letter of Violations (Exh. 18) are nothing more than typical, minor repairs. In the past, when the fire or building authorities required corrections like the ones identified by the County in the 8/15/08 Letter of Violations (Exh. 18) and 8/19/08 Notice of Investigation/Inspection (Exh. 33), business was permitted to continue. For example, in Paragraph 8 of the 8/15/08 Letter of Violations (Exh. 18) is t t tpt tl sm bac c ci a nt rudd T iia tte h "o n ay o e r h i u s r o gone. h s as a e il n r t e " s vague and open-ended statement describing no specificity. During my years of experience, every inspection that I have attended, inspectors have always provided electrical testing equipment to verify that a ground circuit does or does not exist. 9. Based on all of the foregoing and upon review of the evidence, and in light of my

more than 40-years of experience, it is my opinion that all of the alleged electrical violations 22 23 24 25 26 27 28
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alleged by the County in Exhibits 18 and 33 are minor and that the Guatay Church is safe for engaging in religious assembly and religious worship during the time that the repairs are being made. /////

DECLARATION OF CARL R. SEUSS IN SUPPORT O G A A C R S I NF L O H PS F U T Y H IT A E L WS I' MOTION FOR PRELIMINARY INJUNCTION

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I declare under the penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. Executed on this 28th day of August, 2008, at San Diego, California.

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DECLARATION OF CARL R. SEUSS IN SUPPORT O G A A C R S I NF L O H PS F U T Y H IT A E L WS I' MOTION FOR PRELIMINARY INJUNCTION

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CASE NAME: GUATAY CHRISTIAN FELLOWSHIP v. COUNTY OF SAN DIEGO CASE NO.: 08-CV-01406-JM-CAB

CERTIFICATE OF PERSONAL SERVICE

STATE OF CALIFORNIA, COUNTY OF SAN DIEGO: I am over the age of eighteen years, and not party to this action. My business address is 2635 Camino del Rio South, Suite 109, San Diego, California 92108. I, the undersigned, declare under the penalty of perjury that I served the below name person(s) the following documents: 1. DECLARATION OF CARL R. SEUSS IN SUPPORT OF GUATAY CHRISTIAN F L O H PSMO I NF RP E I N R I J N T O E L WS I' T O O R L MI A Y N U C I N in the following manner:

By personal service by delivery to ABC ATTORNEY SERVICES, INC. for personal service on August 29, 2008 to the following person(s):

THOMAS D. BUNTON, ESQ. SENIOR DEPUTY COUNTY COUNSEL County of San Diego County Administration Center 1600 Pacific Highway, Room 355 San Diego, California 92101-2469

Attorneys for County of San Diego

I certify and declare under penalty of perjury under the laws of the United States of America and the State of California that the foregoing is true and correct. Executed on this 29TH day of August, 2008.

__/s/ Peter D. Lepiscopo_______ Peter D. Lepiscopo, Esq.

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DECLARATION OF CARL R. SEUSS IN SUPPORT O G A A C R S I NF L O H PS F U T Y H IT A E L WS I' MOTION FOR PRELIMINARY INJUNCTION

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