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 WILLIAM HOWSE 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, WILLIAM HOWSE, hereby declare and state as follows:

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DECLARATION OF WILLIAM HOWSE IN SUPPORT OFG A A C R S I NF L O H PS 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 36. My educational background can be summarized as follows: I graduated San Diego

5 6 7 8 9 10 11 12 13 14 summarized as follows: (a) September 2007--Present: Industry Expert, California Contractors 15 16 17 18 19 20 21 swimming pool construction and remodels, landscape/hardscape construction and remodels, 22 23 24 25 26 27 28 over 300 construction projects completed, supervise modifications to various existing commercial buildings to suit new tenants such as churches, non-profit organizations, etc.); (c) September 1990 to February 2002: Engineering and Facilities Manager, Compass Plastics and Technologies (ground-up construction of 80,000 square-foot factory) and Mulay Plastics and Technologies (ground-up construction of 25,000 square-foot factory expansion).
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3.

State University, where I received a Bachelor of Science Degree in Industrial Technology and Engineering. 4. I hold a California Contractor License No. 818317 (B, C27, and C53) from the

State of California. 5. For more than 18-years I have been in continuous practice as a building contractor

and building contract manager in the building industry. My professional career can be

State License Board ( L B ) " S " (duties include: working with CSLB claims officers; inspect C consumer claims for faulty workmanship; compile inspection reports citing workmanship issues as compared to industry standard and municipal code requirements; and compile estimated cost to repair issues out of compliance); (b) August 2002 to Present: Owner, A Slice of Paradise, Inc. (experience and work: residential and commercial building construction and remodels,

DECLARATION OF WILLIAM HOWSE IN SUPPORT OFG A A C R S I NF L O H PS U T Y H IT A E L WS I' MOTION FOR PRELIMINARY INJUNCTION

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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: Exhibit 1: 11/30/88 Letter from County of San Diego Exhibit 18: 8/15/08 Letter From County Re: Inspection Results of 8/14/08 Inspection Exhibit 21: 8/12/08 Affidavit In Support of an Inspection Warrant Exhibit 27: Plot Plan for MUP No. P71-104 (Approved: September 20, 1978) Exhibit 28: Plot Map for MUP No. P71-104 (Approved: September 20, 1978) Exhibit 29: Plot Plan for MUP No. P71-104 (Approved: February 2, 1979) Exhibit 30: Plot Map for MUP No. P71-104 (Approved: February 2, 1979) Exhibit 33: 8/19/08 Notice of Investigation/Inspection--Dept. of Planning & Land Use

14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. In addition, I have reviewed the Affidavit in Support of an Inspection Warrant the County (Exh. 18) and the 8/19/08 Notice of Investigation/Inspection (Exh. 33). 8. It is my opinion that the item lt a "e os i aos i t 8 5 8 ee o sie s sr u v li "n h / / L tr f sd i o tn e 10 t 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

Violations (Exh. 18) are actually items requiring minor repairs.

(Exh. 21). It is unequivocally clear that the triggering event in the mind of County Inspector Jorge Self was his conclusion that the CHURCH was NOT a proper use (see Exh. 21, ¶5). Based on this assumption, County Inspector Self applies California Building Code Section 3406 as the sole basis for the request for a warrant for inspection (see Exh. 21, ¶6). However, review of the
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DECLARATION OF WILLIAM HOWSE IN SUPPORT OFG A A C R S I NF L O H PS U T Y H IT A E L WS I' MOTION FOR PRELIMINARY INJUNCTION

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County approved 1978 and 1979 Plot Plans and Property Maps clearly identify the Recreation Center as an Existing Building Church (see Exhs. 27-30). In addition, on November 30, 1988, the County issued a letter wherein it acknowledged and approved the use of the Recreation C n ra a"0 m m e cuc"( eE h 1. osqet , on Iset Sl fs et s 20 e br hr e h s x. ) C neun y C ut npc r e it e l y o f r asserted a change in use, and then used this unsupported conclusion to justify seeking and obtaining a warrant for inspection. It is my opinion that there was no factual basis to obtain an inspection warrant in the first place, let alone order the Church to terminate all religious assemblies and worship. 10. Based on all of the foregoing and upon review of the evidence, and in light of my

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more than 18-years of experience, it is my opinion that all of the alleged violations 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 WILLIAM HOWSE IN SUPPORT OFG A A C R S I NF L O H PS 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 WILLIAM HOWSE IN SUPPORT OFG A A C R S I NF L O H PS 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 WILLIAM HOWSE IN SUPPORT OF GUATAY C R S I NF L O H PSMO I NF RP E I N R I J N T O H IT A 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 WILLIAM HOWSE IN SUPPORT OFG A A C R S I NF L O H PS U T Y H IT A E L WS I' MOTION FOR PRELIMINARY INJUNCTION

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