Free Declaration in Support - District Court of California - California

Case 4:08-cv-02313-WDB

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Filed 06/12/2008

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ZACH COWAN, Acting City Attorney (SBN 96372) LYNNE BOURGAULT, Deputy City Attorney (SBN 180416) 2180 Milvia Street, 4th Floor Berkeley, CA 94704 [email protected] Phone: 510.981.6950 Fax: 510.981.6960 Attorneys for Defendant CITY OF BERKELEY

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA OAKLAND DIVISION U-HAUL CO. OF CALIFORNIA, a California corporation; and AMERCO REAL ESTATE COMPANY, a Nevada corporation; Plaintiffs, v. CITY OF BERKELEY, a municipality; Defendant. Date: August 27, 2008 Time: 1:30 p.m. Ctrm: 400S CASE NO. C08-02313 WDB DECLARATION OF ZACH COWAN IN SUPPORT OF MOTION FOR SANCTIONS PURSUANT TO FED. RULE CIV. PROC. 11

I, Zach Cowan, declare: 1. I am the Acting City Attorney for the City of Berkeley, and have primary responsibility for representing the City in this matter, as well all other matters related to U-Haul's operations at 2100 San Pablo Avenue. In particular, I represented the City with respect to defending the administrative citations described below before both the City's administrative hearing officer and the Alameda County Superior Court, and am familiar with the documents in the record of those proceedings. 2. In mid-2006, the City issued two administrative citations to U-Haul concerning its business at 2100 San Pablo Avenue in Berkeley. 3. It issued citation #0046 for parking 32 trucks on the street, in violation of its use permit and the City's Zoning Ordinance, and it issued citation #2651 for parking more trucks on its property than allowed by its use permit. 1
_______________________________________________________________________________________________ Declaration of Zach Cowan ISO Defendant's Motion for Sanctions Pursuant To Fed. Rule Civ. Proc. 11 Case No. C08-02313 WDB

Case 4:08-cv-02313-WDB

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4. U-Haul sought a hearing before the City's administrative hearing officer, who dismissed citation #2651, but upheld #0046. 5. U-Haul then filed an action in Alameda County Superior Court challenging the hearing officer's decision as to citation #0046. After a preliminary ruling by the court rejecting U-Haul's argument that as a matter of law parking on the public right of way could not constitute a violation of the City's Zoning Ordinance, U-Haul entered into a stipulation with the City to dismiss its challenge to citation #0046. 6. Although U-Haul was cited a number of other times during 2006 for similar violations, it did not contest any of those citations. 7. Attached hereto as Exhibit A is a true and correct copy of Berkeley Municipal Code Chapter 1.26. I declare under penalty of perjury that the foregoing is true and correct. Executed in Berkeley, California, on May 27, 2008. /s/

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Zach Cowan

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_______________________________________________________________________________________________ Declaration of Zach Cowan ISO Defendant's Motion for Sanctions Pursuant To Fed. Rule Civ. Proc. 11 Case No. C08-02313 WDB

Case 4:08-cv-02313-WDB

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Filed 06/12/2008

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