1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Declaration of Robert L. Meyerhoff ISO Defendants’ Motion (Case No. 2:21-cv-09018) R OB B ONTA Attorney General of California M ARK R. B ECKINGTON Supervising Deputy Attorney General R OBERT L. M EYERHOFF Deputy Attorney General State Bar No. 298196 300 South Spring Street, Suite 1702 Los Angeles, CA 90013-1230 Telephone: (213) 269-6177 Fax: (916) 731-2144 E-mail: Robert.Meyerhoff@doj.ca.gov Attorneys for Defendants Robert A. Bonta, Luis Lopez, and the California Department of Justice IN THE UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF CALIFORNIA ENDIR BRISENO, NEIL OPDAHL- LOPEZ, AND RODNEY WILSON, INDIVIDUALLY AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED , Plaintiffs, v. ROBERT A. BONTA, IN HIS OFFICIAL CAPACITY AS A TTORNEY G ENERAL FOR THE S TATE OF C ALIFORNIA ; LUIS LOPEZ, IN HIS OFFICIAL CAPACITY AS A CTING C HIEF OF THE C ALIFORNIA D EPARTMENT OF J USTICE B UREAU OF F IREARMS ; CALIFORNIA DEPARTMENT OF JUSTICE; AND DOES 1-10, Defendants. 2:21-cv-09018 DECLARATION OF ROBERT L. MEYERHOFF IN SUPPORT OF DEFENDANTS ROBERT A. BONTA, LUIS LOPEZ, AND CALIFORNIA DEPARTMENT OF JUSTICE’S REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF MOTION TO DISMISS, ABSTAIN FROM HEARING, AND/OR STAY PLAINTIFFS’ COMPLAINT Date: February 28, 2022 Time: 1:30 p.m. Judge: Hon. Otis D. Wright II Action Filed: November 17, 2021 Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 1 of 189 Page ID #:122 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 Declaration of Robert L. Meyerhoff ISO Defendants’ Motion (Case No. 2:21-cv-09018) I, Robert L. Meyerhoff, declare as follows: 1. I am a Deputy Attorney General with the California Department of Justice and serve as counsel to Defendants Robert A. Bonta in his official capacity as Attorney General of the State of California, Luis Lopez in his official capacity as Acting Chief of the California Department of Justice Bureau of Firearms, and the California Department of Justice in the above-captioned matter. Except as otherwise stated, I have personal knowledge of the facts set forth in this declaration, and if called upon as a witness I could testify competently as to those facts. I make this declaration in support of Defendant’s Motion to Dismiss, Abstain from Hearing, and/or Stay Plaintiffs’ Complaint. 2. Attached hereto as Exhibit 1 is a true and correct copy of the docket in Franklin Armory, Inc., et al., v. California Department of Justice, et al., Case No. 20STCP01747, currently pending in the Superior Court of the State of California for the County of Los Angeles (the Related Action). 3. Attached hereto as Exhibit 2 is a true and correct copy of the First Amended Complaint filed on August 19, 2020, in the Related Action. 4. Attached hereto as Exhibit 3 is a true and correct copy of the court’s Order on Demurrer to the First Amended Complaint, filed on January 28, 2021, in the Related Action. 5. Attached hereto as Exhibit 4 is a true and correct copy of the Second Amended Complaint filed on February 17, 2021, in the Related Action. 6. Attached hereto as Exhibit 5 is a true and correct copy of the Notice of Motion and Motion to Dismiss the First, Second, and Eighth Causes of Action in the Second Amended Complaint and Petition; Memorandum of Points and Authorities filed on November 29, 2021, in the Related Action. 7. Attached hereto as Exhibit 6 is a true and correct copy of Plaintiffs and Petitioners’ Memorandum of Points and Authorities in Opposition to Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 2 of 189 Page ID #:123 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Declaration of Robert L. Meyerhoff ISO Defendants’ Motion (Case No. 2:21-cv-09018) Respondents’ Motion to Dismiss the First, Second, and Eighth Causes of Action in the Second Amended Complaint, filed on January 13, 2022, in the Related Action. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on January 24, 2022, at Los Angeles, California. Robert L. Meyerhoff Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 3 of 189 Page ID #:124 EXHIBIT 1 Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 4 of 189 Page ID #:125 CASE INFORMATION Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held Case Number: 20STCP01747 FRANKLIN ARMORY, INC., ET AL. VS CALIFORNIA DEPARTMENT OF JUSTICE, ET AL. Filing Courthouse: Stanley Mosk Courthouse Filing Date: 05/27/2020 Case Type: Writ - Administrative Mandamus (General Jurisdiction) Status: Pending Click here to access document images for this case If this link fails, you may go to the Case Document Images site and search using the case number displayed on this page FUTURE HEARINGS Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held 01/27/2022 at 09:30 AM in Department 85 at 111 North Hill Street, Los Angeles, CA 90012 Hearing on Motion to Dismiss 03/01/2022 at 1:30 PM in Department 85 at 111 North Hill Street, Los Angeles, CA 90012 Trial Setting Conference PARTY INFORMATION Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held BARNOUW BENJAMIN - Attorney for Defendant BARVIR ANNA MARIE - Attorney for Petitioner BECERRA XAVIER - Defendant CALIFORNIA DEPARTMENT OF JUSTICE - Defendant CALIFORNIA DEPARTMENT OF JUSTICE - Defendant CALIFORNIA RIFLE & PISTOL ASSOCIATION INCORPORATED - Petitioner DAVIS JASON ANDREW - Attorney for Petitioner FRANKLIN ARMORY INC. - Petitioner LAKE KENNETH GREGORY - Attorney for Defendant MOROS KONSTADINOS - Attorney for Petitioner DOCUMENTS FILED Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held Documents Filed (Filing dates listed in descending order) Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 5 of 189 Page ID #:126 Click on any of the below link(s) to see Register of Action Items on or before the date indicated: 01/28/2021 01/13/2022 Declaration (DECLARATION OF ANNA M. BARVIR IN SUPPORT OF PLAINTIFFS AND PETITIONERS? OPPOSITION TO RESPONDENTS? MOTION TO DISMISS THE FIRST, SECOND, AND EIGHTH CAUSES OF ACTION IN THE SECOND AMENDED COMPLAINT) Filed by California Rifle & Pistol Association, Incorporated (Petitioner) 01/13/2022 Opposition (PLAINTIFFS AND PETITIONERS? MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RESPONDENTS? MOTION TO DISMISS THE FIRST, SECOND, AND EIGHTH CAUSES OF ACTION IN THE SECOND AMENDED COMPLAINT) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 11/29/2021 Declaration (of Cheryle Massaro-Florez in Support of Motion to Dismiss) Filed by California Department of Justice (Defendant) 11/29/2021 Declaration (of Maricela Leyva in Support of Motion to Dismiss) Filed by California Department of Justice (Defendant) 11/29/2021 Request for Judicial Notice Filed by California Department of Justice (Defendant) 11/29/2021 Motion to Dismiss Filed by California Department of Justice (Defendant) 11/24/2021 Notice of Appearance (OF KONSTADINOS T. MOROS) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 11/23/2021 Stipulation and Order (Continuing Trial Setting Conference and Discovery Cut-Off) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner); Xavier Becerra (Defendant) et al. 10/26/2021 Decision on (1) demurrer: overruled for verification, sustained as to affirmative defenses; (2) motion to strike: denied as moot except to 43rd affirmative defense, which is granted Filed by Clerk 10/26/2021 Minute Order ( (Hearing on Demurrer with Motion to Strike (CCP 430.10))) Filed by Clerk 10/12/2021 Minute Order ( (Court Order - Continuance of Hearing on Demurrer)) Filed by Clerk 10/06/2021 Reply (to Respondents' Opposition to Demurrer and Motion to Strike Respondents' Answer) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 09/30/2021 Opposition (to Demurrer and Motion to Strike Answer to First, Second and Eighth Causes of Action on the Second Amended Complaint) Filed by Xavier Becerra (Defendant) 08/05/2021 Demurrer - with Motion to Strike (CCP 430.10) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 08/04/2021 Memorandum of Points & Authorities (MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS AND PETITIONERS? DEMURRER TO AND MOTION TO STRIKE RESPONDENTS? ANWER TO THE FIRST, SECOND, AND EIGHTH CAUSES OF ACTION TO THE SECOND AMENDED COMPLAINT) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 08/04/2021 Declaration (DECLARATION OF ANNA M. BARVIR IN SUPPORT OF PLAINTIFFS AND PETITIONERS? DEMURRER TO AND MOTION TO STRIKE RESPONDENTS? ANSWER TO THE FIRST, SECOND, AND EIGHTH CAUSES OF ACTION TO THE SECOND AMENDED COMPLAINT) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 6 of 189 Page ID #:127 07/06/2021 Declaration (of Demurring or Moving Party in Support of Automatic Extension) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 06/29/2021 Request for Judicial Notice Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 06/23/2021 Answer Filed by Xavier Becerra (Defendant) 06/03/2021 Decision on demurrer: overruled Filed by Clerk 06/03/2021 Minute Order ( (Hearing on Demurrer; Trial Setting Conference)) Filed by Clerk 05/27/2021 Minute Order ( (Trial Setting Conference)) Filed by Clerk 05/26/2021 Reply (TO OPPOSITION TO THE DEMURRER TO THE FIRST, SECOND AND EIGHTH CAUSES OF ACTION TO THE SECOND AMENDED COMPLAINT AND PETITION) Filed by Xavier Becerra (Defendant) 05/20/2021 Opposition (PLAINTIFFS AND PETITIONERS? MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RESPONDENTS? DEMURRER) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 03/23/2021 Memorandum of Points & Authorities Filed by Xavier Becerra (Defendant) 03/23/2021 Demurrer - without Motion to Strike Filed by Xavier Becerra (Defendant) 02/25/2021 Minute Order ( (Trial Setting Conference)) Filed by Clerk 02/17/2021 Amended Complaint ( (2nd)) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) Click on any of the below link(s) to see Register of Action Items on or before the date indicated: TOP 01/28/2021 01/28/2021 Decision on demurrer: sustained Filed by Clerk 01/28/2021 Minute Order ( (Hearing on Demurrer; Trial Setting Conference)) Filed by Clerk 01/21/2021 Notice (of Continuance of (1) Trial Setting Conference and (2) Hearing on Demurrer to First Amended Complaint and Petition) Filed by California Department of Justice (Defendant); Xavier Becerra (Defendant) 01/21/2021 Minute Order ( (Court Order - Continuance of Demurrer/Trial Setting Conference)) Filed by Clerk 01/19/2021 Reply (Brief in Support of Demurrer by Defendants-Respondents California Department of Justice and Xavier Becerra to First Amended Complaint and Petition) Filed by California Department of Justice (Defendant); Xavier Becerra (Defendant) 01/13/2021 Motion for Leave to Amend (Complaint and Petition for Writ of Mandate) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 01/12/2021 Memorandum of Points & Authorities Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 7 of 189 Page ID #:128 01/12/2021 Declaration (of Anna M. Barvir in Support of Motion for Leave to File Second Amended Verified Complaint) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 01/12/2021 Opposition (PLAINTIFFS AND PETITIONERS? MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RESPONDENTS? DEMURREER) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 01/07/2021 Notice Re: Continuance of Hearing and Order Filed by Clerk 12/30/2020 Notice of Appearance (OF ANNA M. BARVIR) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 10/30/2020 Memorandum of Points & Authorities Filed by California Department of Justice (Defendant) 10/30/2020 Demurrer - without Motion to Strike Filed by California Department of Justice (Defendant) 10/15/2020 Minute Order ( (Trial Setting Conference)) Filed by Clerk 09/29/2020 Minute Order ( (Trial Setting Conference)) Filed by Clerk 09/28/2020 Stipulation and Order (to Continue Trial Setting Conference and [Proposed] Order thereon) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 09/03/2020 Minute Order ( (Trial Setting Conference)) Filed by Clerk 08/19/2020 Amended Complaint ( (1st)) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 07/22/2020 Stipulation and Order (Joint Stipulation to Extend the Time for Respondents-Defendants to File a Responsive Pleading in Response to the Petition-Complaint; Proposed Order on Joint Stipulation) Filed by California Department of Justice (Defendant); Xavier Becerra, , in his official capacity as Attorney General for the State of California (Defendant) 06/25/2020 Declaration (of Demurring or Moving Party In Support Of Automatic Extension) Filed by California Department of Justice (Defendant); Xavier Becerra, , in his official capacity as Attorney General for the State of California (Defendant) 06/22/2020 Notice (Plaintiffs' Notice of Trial Setting Conference) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 06/03/2020 Proof of Service by Substituted Service Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 06/03/2020 Proof of Service by Substituted Service Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 05/27/2020 Notice of Trial Setting Conference and Attached Orders Thereon Filed by Clerk 05/27/2020 Notice of Case Assignment - Unlimited Civil Case Filed by Clerk 05/27/2020 Summons (on Complaint) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 05/27/2020 Verified Complaint for Declaratory and Injunctive Relief; Petition for Writ of Mandate and/or Prohibition or other Appropriate Relief Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 8 of 189 Page ID #:129 Click on any of the below link(s) to see Register of Action Items on or before the date indicated: TOP 01/28/2021 PROCEEDINGS HELD Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held Proceedings Held (Proceeding dates listed in descending order) 11/30/2021 at 1:30 PM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Not Held - Continued - Stipulation 10/26/2021 at 1:30 PM in Department 85, James C. Chalfant, Presiding Hearing on Demurrer - with Motion to Strike (CCP 430.10) - Held 10/14/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Hearing on Demurrer - with Motion to Strike (CCP 430.10) - Not Held - Continued - Court's Motion 10/12/2021 at 3:00 PM in Department 85, James C. Chalfant, Presiding Court Order 06/03/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Held - Continued 06/03/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Hearing on Demurrer - without Motion to Strike - Held 05/27/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Held - Continued 03/25/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Hearing on Motion for Leave (to File Second Amended Verified Complaint for Declaratory and Injunctive Relief) - Not Held - Advanced and Vacated 02/25/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Held - Continued 01/28/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Hearing on Demurrer - without Motion to Strike - Held 01/28/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Held - Continued 01/26/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Not Held - Clerical Error 01/26/2021 at 1:30 PM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Not Held - Continued - Court's Motion 01/26/2021 at 1:30 PM in Department 85, James C. Chalfant, Presiding Hearing on Demurrer - without Motion to Strike - Not Held - Continued - Court's Motion 01/21/2021 at 2:00 PM in Department 85, James C. Chalfant, Presiding Court Order 10/15/2020 at 09:30 AM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Held - Continued 09/29/2020 at 1:30 PM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Not Held - Continued - Stipulation 09/03/2020 at 09:30 AM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Held - Continued Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 9 of 189 Page ID #:130 REGISTER OF ACTIONS Case Information | Register Of Actions | FUTURE HEARINGS | PARTY INFORMATION | Documents Filed | Proceedings Held Register of Actions (Listed in descending order) Click on any of the below link(s) to see Register of Action Items on or before the date indicated: 03/23/2021 06/03/2020 01/13/2022 Opposition (PLAINTIFFS AND PETITIONERS? MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RESPONDENTS? MOTION TO DISMISS THE FIRST, SECOND, AND EIGHTH CAUSES OF ACTION IN THE SECOND AMENDED COMPLAINT) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 01/13/2022 Declaration (DECLARATION OF ANNA M. BARVIR IN SUPPORT OF PLAINTIFFS AND PETITIONERS? OPPOSITION TO RESPONDENTS? MOTION TO DISMISS THE FIRST, SECOND, AND EIGHTH CAUSES OF ACTION IN THE SECOND AMENDED COMPLAINT) Filed by California Rifle & Pistol Association, Incorporated (Petitioner) 11/30/2021 at 1:30 PM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Not Held - Continued - Stipulation 11/29/2021 Motion to Dismiss Filed by California Department of Justice (Defendant) 11/29/2021 Declaration (of Maricela Leyva in Support of Motion to Dismiss) Filed by California Department of Justice (Defendant) 11/29/2021 Request for Judicial Notice Filed by California Department of Justice (Defendant) 11/29/2021 Declaration (of Cheryle Massaro-Florez in Support of Motion to Dismiss) Filed by California Department of Justice (Defendant) 11/24/2021 Notice of Appearance (OF KONSTADINOS T. MOROS) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 11/23/2021 Stipulation and Order (Continuing Trial Setting Conference and Discovery Cut-Off) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner); Xavier Becerra (Defendant) et al. 10/26/2021 at 1:30 PM in Department 85, James C. Chalfant, Presiding Hearing on Demurrer - with Motion to Strike (CCP 430.10) - Held 10/26/2021 Decision on (1) demurrer: overruled for verification, sustained as to affirmative defenses; (2) motion to strike: denied as moot except to 43rd affirmative defense, which is granted Filed by Clerk 10/26/2021 Minute Order ( (Hearing on Demurrer with Motion to Strike (CCP 430.10))) Filed by Clerk 10/14/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Hearing on Demurrer - with Motion to Strike (CCP 430.10) - Not Held - Continued - Court's Motion 10/12/2021 at 3:00 PM in Department 85, James C. Chalfant, Presiding Court Order 10/12/2021 Minute Order ( (Court Order - Continuance of Hearing on Demurrer)) Filed by Clerk Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 10 of 189 Page ID #:131 10/06/2021 Reply (to Respondents' Opposition to Demurrer and Motion to Strike Respondents' Answer) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 09/30/2021 Opposition (to Demurrer and Motion to Strike Answer to First, Second and Eighth Causes of Action on the Second Amended Complaint) Filed by Xavier Becerra (Defendant) 08/05/2021 Demurrer - with Motion to Strike (CCP 430.10) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 08/04/2021 Memorandum of Points & Authorities (MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF PLAINTIFFS AND PETITIONERS? DEMURRER TO AND MOTION TO STRIKE RESPONDENTS? ANWER TO THE FIRST, SECOND, AND EIGHTH CAUSES OF ACTION TO THE SECOND AMENDED COMPLAINT) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 08/04/2021 Declaration (DECLARATION OF ANNA M. BARVIR IN SUPPORT OF PLAINTIFFS AND PETITIONERS? DEMURRER TO AND MOTION TO STRIKE RESPONDENTS? ANSWER TO THE FIRST, SECOND, AND EIGHTH CAUSES OF ACTION TO THE SECOND AMENDED COMPLAINT) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 07/06/2021 Declaration (of Demurring or Moving Party in Support of Automatic Extension) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 06/29/2021 Request for Judicial Notice Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 06/23/2021 Answer Filed by Xavier Becerra (Defendant) 06/03/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Hearing on Demurrer - without Motion to Strike - Held 06/03/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Held - Continued 06/03/2021 Decision on demurrer: overruled Filed by Clerk 06/03/2021 Minute Order ( (Hearing on Demurrer; Trial Setting Conference)) Filed by Clerk 05/27/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Held - Continued 05/27/2021 Minute Order ( (Trial Setting Conference)) Filed by Clerk 05/26/2021 Reply (TO OPPOSITION TO THE DEMURRER TO THE FIRST, SECOND AND EIGHTH CAUSES OF ACTION TO THE SECOND AMENDED COMPLAINT AND PETITION) Filed by Xavier Becerra (Defendant) 05/20/2021 Opposition (PLAINTIFFS AND PETITIONERS? MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RESPONDENTS? DEMURRER) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 03/25/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Hearing on Motion for Leave (to File Second Amended Verified Complaint for Declaratory and Injunctive Relief) - Not Held - Advanced and Vacated Click on any of the below link(s) to see Register of Action Items on or before the date indicated: TOP 03/23/2021 06/03/2020 03/23/2021 Memorandum of Points & Authorities Filed by Xavier Becerra (Defendant) Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 11 of 189 Page ID #:132 03/23/2021 Demurrer - without Motion to Strike Filed by Xavier Becerra (Defendant) 02/25/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Held - Continued 02/25/2021 Minute Order ( (Trial Setting Conference)) Filed by Clerk 02/17/2021 Amended Complaint ( (2nd)) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 01/28/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Held - Continued 01/28/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Hearing on Demurrer - without Motion to Strike - Held 01/28/2021 Minute Order ( (Hearing on Demurrer; Trial Setting Conference)) Filed by Clerk 01/28/2021 Decision on demurrer: sustained Filed by Clerk 01/26/2021 at 09:30 AM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Not Held - Clerical Error 01/26/2021 at 1:30 PM in Department 85, James C. Chalfant, Presiding Hearing on Demurrer - without Motion to Strike - Not Held - Continued - Court's Motion 01/26/2021 at 1:30 PM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Not Held - Continued - Court's Motion 01/21/2021 at 2:00 PM in Department 85, James C. Chalfant, Presiding Court Order 01/21/2021 Notice (of Continuance of (1) Trial Setting Conference and (2) Hearing on Demurrer to First Amended Complaint and Petition) Filed by California Department of Justice (Defendant); Xavier Becerra (Defendant) 01/21/2021 Minute Order ( (Court Order - Continuance of Demurrer/Trial Setting Conference)) Filed by Clerk 01/19/2021 Reply (Brief in Support of Demurrer by Defendants-Respondents California Department of Justice and Xavier Becerra to First Amended Complaint and Petition) Filed by California Department of Justice (Defendant); Xavier Becerra (Defendant) 01/13/2021 Motion for Leave to Amend (Complaint and Petition for Writ of Mandate) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 01/12/2021 Opposition (PLAINTIFFS AND PETITIONERS? MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO RESPONDENTS? DEMURREER) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 01/12/2021 Memorandum of Points & Authorities Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 01/12/2021 Declaration (of Anna M. Barvir in Support of Motion for Leave to File Second Amended Verified Complaint) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 01/07/2021 Notice Re: Continuance of Hearing and Order Filed by Clerk 12/30/2020 Notice of Appearance (OF ANNA M. BARVIR) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 12 of 189 Page ID #:133 10/30/2020 Memorandum of Points & Authorities Filed by California Department of Justice (Defendant) 10/30/2020 Demurrer - without Motion to Strike Filed by California Department of Justice (Defendant) 10/15/2020 at 09:30 AM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Held - Continued 10/15/2020 Minute Order ( (Trial Setting Conference)) Filed by Clerk 09/29/2020 at 1:30 PM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Not Held - Continued - Stipulation 09/29/2020 Minute Order ( (Trial Setting Conference)) Filed by Clerk 09/28/2020 Stipulation and Order (to Continue Trial Setting Conference and [Proposed] Order thereon) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 09/03/2020 at 09:30 AM in Department 85, James C. Chalfant, Presiding Trial Setting Conference - Held - Continued 09/03/2020 Minute Order ( (Trial Setting Conference)) Filed by Clerk 08/19/2020 Amended Complaint ( (1st)) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 07/22/2020 Stipulation and Order (Joint Stipulation to Extend the Time for Respondents-Defendants to File a Responsive Pleading in Response to the Petition-Complaint; Proposed Order on Joint Stipulation) Filed by California Department of Justice (Defendant); Xavier Becerra, , in his official capacity as Attorney General for the State of California (Defendant) 06/25/2020 Declaration (of Demurring or Moving Party In Support Of Automatic Extension) Filed by California Department of Justice (Defendant); Xavier Becerra, , in his official capacity as Attorney General for the State of California (Defendant) 06/22/2020 Notice (Plaintiffs' Notice of Trial Setting Conference) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) Click on any of the below link(s) to see Register of Action Items on or before the date indicated: TOP 03/23/2021 06/03/2020 06/03/2020 Proof of Service by Substituted Service Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 06/03/2020 Proof of Service by Substituted Service Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 05/27/2020 Notice of Case Assignment - Unlimited Civil Case Filed by Clerk 05/27/2020 Summons (on Complaint) Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 05/27/2020 Verified Complaint for Declaratory and Injunctive Relief; Petition for Writ of Mandate and/or Prohibition or other Appropriate Relief Filed by Franklin Armory, Inc. (Petitioner); California Rifle & Pistol Association, Incorporated (Petitioner) 05/27/2020 Notice of Trial Setting Conference and Attached Orders Thereon Filed by Clerk Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 13 of 189 Page ID #:134 Click on any of the below link(s) to see Register of Action Items on or before the date indicated: TOP 03/23/2021 06/03/2020 Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 14 of 189 Page ID #:135 EXHIBIT 2 Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 15 of 189 Page ID #:136 Electronically Received 08/19/2020 03:03 PM C.D. Mf CHEL- SBN 144258 Ja on A. Davis - B 224250 2 MICHEL & A OCIAT S, P.C. 3 180 . Ocean Blvd, Suite 200 Long Beach, CA 90802 4 Telephone: (562) 216-4444 Facsimile: (562) 216-4445 Email: CMichel@michellawyers.com 6 Attorn ys for Petitioner - Plaintiffs 7 FILED SupEll'iot Court of Oalil'u-niia C.04.lflty o- f Los Angeles 08/11 9, 12 020 ~!l!liri R Caic!t, Exm.illM!l O I <Ii!!l · of Ccu1 By: L. Oasfilkjo • y 8 9 10 UPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES FRA KLIN ARMORY, l C. and I I CALIFOR IA RlFL & PT TOL 12 A OClATIO , I CORPORATED 13 14 15 P .titioners-Plaintiff: CALIFORNIA DEPARTME T OF JUSTI 16 18 AVIER BECERRA, both hi p r anal capacity and official capa ity as Attorney 17 Genera I for the State of California, and DO 1-10, 19 20 _J 22 23 24 25 26 27 28 Respondents-Defi ndants. ) Case No.: 20STCP01747 ) ) VERIFIED FIRST AMENDED ) COMPLAINT FOR DECLARATORY AND ) INJUNCTIVE RELIEF; PETITION FOR ) WRIT OF MANDATE AND/OR ) PROHIBITION OR OTHER ) APPROPRIATE RELIEF E ) ) U LIMITED JURISDICTIO ) s ) ) ) Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 16 of 189 Page ID #:137 2 FRA KLJ ARMORY fNC. and CALIFORN I RJFLE & Pl TOLA O IATION, ORPORATED petition thi cou1t for de laratory relief injuncti relief and a writ of mandat 3 relating to CALI · OR IA D P RTME T OF JU TICE, XAVlER B CERRA and DO E 1- 10 4 (collectively ·'DE E DA TS"') implementation of unlawful technological barriers preventing the lawful transfer of firearms and failure and/or refusal to timely perform th duties relating to the sale. 6 loan, transfer, purcha e and pr ces ing f firearm that are neither ·'handguns,' nor --shotgun · nor 7 "rifle , ' including the R KL ARMORY, fNC. fir arm designated with the model name "Title I.'' PARTIES 8 9 I. Plaintiff FRA KLI ARMORY I C. (" AI") i a federally licen d firearms manufacturer IO incorporated und r th la of evada wi th its principaJ plac of bu iness in Minden N vada and a 11 manufacturing facility in Minden, evada. FA! pecializes in manufacturing firearms for civilian 12 sporting and re creation, military and law enforcement appli ation . 13 2. Pertinent here, FA! manufacture a erie of firearms which are neither "rifles,' nor' pistols ,' nor 14 'shotguns' und r California law and which are designated with the model name "Title 1 ·· b FAI. 15 3. he FA! Title I firearms, a de igned and Id by FAI, ar lawful to po e ell, transfer. 16 purcha e, loan, or otherwi e be di stributed ithin California through lie ns d alifornia fir arm deal r 17 to persons ho are not otherv i e prohibited from po sessing firearms. 18 4. Plaintiff alifornia Rifle & Pistol As ociation, Incorporated (' RPA '') is a nonprofit, 19 member hip and donor-supported organization qualified as tax-exempt under26 .S.C. § 50l{c)(4) with 20 it h adquarters in the City of ullerton in Orange County, California. Founded in 1875 , RPA seeks to 21 defend the ci vil rights of all law-abiding individuals including the fundamental right to acquire and -2 possess FAI Title 1 firearms. 23 5. CRPA regularly provide guidance to California gun own r regarding their legal right and 24 respo11 ibilitie . In addition. CRPA i d dicated to pr moting the shooting p rts and providing 25 education, training and organized competition for adult and junior sho ter . CRPA memb r include la 26 enforcement officers, prosecutor prote sionals firearm e p rt and th publi . 27 6. In this uit CRP repre ents the int rests of its many citizen and taxpayer members and 28 members of RPA wh reside in California and ho wish to sell. purchase acquire, transfer and possess - 2 - VERiFJED FIRST AM ENDED COMPLAINT FOR DECLARATORY A Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 17 of 189 Page ID #:138 lawful fil'earm , including the Title l , but are prohibited from doing so by the technologi al limitation 2 implem nted by DEF EN DANT . CRP brings thi acti non behalf of itself and its tens of thou ands of 3 supporters in California including FA I. who have been. are being, and will in th future be subjected to 4 DEFE DA TS' refu al and/or delay in removing the technological barrier design d, implemented and 5 maintained by DEF DANT that pr hibits the lawful sale. loan, transfer and purchase of certain 6 lawful firearm , including but not limited to the FAI Title I. 7 7. D fondant CALIFORNIA DEPARTMENT OF JUSTICE " DOJ"') is a lawfully constitut d 8 ex cutive agenc charged with implem nting. enforcing and administering the tate of California"s 9 fir arm laws and ystem for proce sing firearm transfer and loan . The DOJ i under th direction and 10 control of the Attorney General. (Gov'. Code§ 15000.) Th DOJ i compo ed ofthe Office ofth 11 rtorne Gen ral and those other divi i n bureau . branch s, sections or other units as the Attorney 12 G neral may create v ithin the depa11ment pursuant to Section 15002.5. (Go . Code § 1500 I.) The 13 Bureau of Firearms (''BOF") was created by the Attorne General within the Division of Law 14 Enforcement for the purpose of de igning, implementing and enforcing California's fir arm laws, rule , 15 regulation and uppott systems. The DOJ is re pon ible for the de ign. development maintenance and 16 enforc ment of the Dealer Record of ale D al r ~ntry yst m th y tern by which licen ed California 17 fir arm dealer submit purchaser and firearm information to the California Department of Ju tice for 18 pr ce ing in accordance with Cal ifomia 's firearm tran · fer law and regu la ti on 19 8. Defendant AVIER BE ERRA ("BE E RRA ') i the Attorney General of California. He is the 20 chief la en for em nt offic r of Ca lifornia. Defendant Becerra is charged by article V section 13 of the 21 California Constitution with the dut to ee that the laws of California are uniformly and adequately _2 enforc d. BEC RRA also has direct supervision over every district attorney and sheriff in all matters 23 pertaining to the duti of their re pective officer . Defendant BECERRA duties also include informing 24 th public. lo al pro ecutor and la e.nfor ement regarding the meaning of th law of Ca lifornia, 25 including re triction on the transfer of firearm at issue herein. He is sued in both hi per onal capacity 26 and his official capacity. 27 9. Plaintiff CRPA and FAI (collectively, ··PLAlNTlFF ") do not know the true name and 28 capacities of Defendants DOE 1 through I 0. inclusive. who are therefore sued by such fictitiou names. - 3 - VE RJFTED FIRST AMENDED COMPLAINT FOR DECLARATORY A D INJUNCTIVE RELlEF Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 18 of 189 Page ID #:139 PLAf TIFF allege on information and belief that ach per nor entity de ignated as DO I through 2 IO is r pon ible in some capacit or manner fi r the adoption or enforcement of the unlawful 3 regulations a alleged in this Complaint and Petition. PLAl TIF pra for leave to amend this 4 omplaint and Petition to sho the true names capa ities and/or liabilities of DOE Defendants l 5 through IO if and when they are determined. 6 JURISDICTION AND VENUE 7 I 0. This Court has jurisdiction und r article l, ection 3 and articl YI , s ction IO of the Cal ifornia 8 Con titution, and Code of ivil Procedure sections 525, 526 I 060, I 085 and I 087. This Court also ha 9 juri di tion because PLAI TIFF lack a "plain. sp edy, and adequate remedy, in the ordinary cour of IO law.· (Co de Civ. Proc. § 1086.) 11 11. Venue is proper in this Court under Government Code section 6258 and ode of Civil Procedure 12 secti on 393, subdivi ion (b) and 394, ubdivi ion (a). Al o venue proper! lie within this Court 13 because the ttorney General maintain an office in the County of Los Angeles. Code Civ. Proc., § 14 401.) 15 A UTHE TI CITY OF EXHIBITS 16 1-. All exhibits accompanying this om plaint and Petition are true and correct copie of the original 17 documents. h exhibits are incorporated herein by reference as though fully set forth in this Complaint 18 and Petition . 19 GENERALALLEGATIONS 20 [THE DEFE DA T GE ERAL DUTIES] 21 13. The California Constitution vests the office of the Attorney General currently held by 22 BECERRA, with enormous power ov r the lives of the citizen of the state. • ubjecc to the powers and 23 duti of th Go ernor. the Attorney Gen ral hall be the hief la offic r of the tate. It hall b the 24 duty or the ttorney Gen ral to ee that the laws of the state are uniformly and adequate I enforced." 25 (Cal. Con t., art V, ~ 13.) 2 14. In addition to being the "chief law officer" and the state's chief attorney, the Attorney General is 27 al o th head of th Department of Justic . (Go . de § l2510.) 28 15 . The Attorney General ·s proper perfonnance of hi or her dutie en ure that the state' firearm -4- VERlFlED FlRST AMENDED COMPLAINT FOR DECLARATORY A Case 2:21-cv-09018-ODW-PD Document 18 Filed 01/24/22 Page 19 of 189 Page ID #:140 laws are administered fairly, enforced vig r usly and under toad uniformly throughout California. 2 16. The Attorney General is required to pro ide o er ight enforcement, education and regulation of 3 many facets of California's firearms laws. And the Attorney General performs these I gislative dutie 4 through their La Enforcem nt Divi ion 's BOF. 5 17. The BO F's mission tatement reiterates their obligation to ducate and promote legitimate 7 8 9 10 11 firearm ales and education, and is as follows : The Bureau of Firearm erves the people of California through education. regulation and enforcement actions regarding the manufacture, ales, ownership, safety training and transfer of firearm Bureau of Firearms taff are leader in providing firearm · e, perti and information to law enforcement legi lators, and the general 12 public io a comprehensi e program to promote legitimate and 13 responsible fir