/
1 Thomas N. Lippe, SBN 104640
LAW OFFICES OF THOMAS N. LIPPE, APC
2
201 Mission Street, 12th Floor
3 San Francisco, California 94105
Tel: (415) 777-5604
4
Fax: (415) 777-5606
5 E-mail: Lippelaw@sonic.net

6

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Attorney for Plaintiff: Save Berkeley' s Neighborhoods

7
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

8

IN AND FOR THE COUNTY OF ALAMEDA

9
10

SAVE BERKELEY' S NEIGHBORHOODS, a
11 California nonprofit public benefit corporation;

12

Plaintiff,

13 vs.
14 THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA; JANET NAPOLITANO, in her
15
capacity as President of the University of
16 California; CAROL T. CHRIST, in her capacity as
Chancellor of the University of California,
17
Berkeley; and DOES 1 through 20,
18
Respondents and Defendants.
19
20
21

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24
25
26
27
28
29
30
Law Offices of
Thomas N. Lippe
!01 IUUl<lff !It 12" ~ n r

I • • • •• •sto c<1. CA IO I ~~

Case No.

1:G1Gc;027~1

PETITION FOR WRIT OF MANDATE AND
COMPLAINT FOR DECLARATORY
RELIEF
[CALIFORNIA ENVIRONMENTAL
QUALITY ACT]

 1
2

Plaintiff Save Berkeley’s Neighborhoods alleges:
1.

Education Code section 67504 provides that “The Legislature further finds and declares that the

3
4

expansion of campus enrollment and facilities may negatively affect the surrounding environment.

5 Consistent with the requirements of the California Environmental Quality Act (CEQA), it is the intent of
6

the Legislature that the University of California sufficiently mitigate significant off-campus impacts

7
8

related to campus growth and development.”

9 2.
10

Public Resources Code section 21080.9 requires that the University of California, Berkeley

(UCB) “consider the environmental impact of academic and enrollment plans” pursuant to CEQA and

11
12

“that any such plans shall become effective for a campus ... only after the environmental effects of those

13 plans have been analyzed” as required by CEQA.
14

3.

In 2005, UCB adopted a Long Range Development Plan (2020 LRDP) to achieve a number of

15
16

objectives through the year 2020, including stabilizing enrollment. In or about 2005, UCB certified a

17 Final Environmental Impact Report for the 2020 LRDP (2005 EIR) pursuant to CEQA. The 2020 LRDP
18

and 2005 EIR projected that by 2020 student enrollment at UCB would increase by 1,650 students above

19
20

the 2001-02 two-semester average. The 2020 LRDP and 2005 EIR also projected that by 2020 UCB

21 would add 2,500 beds for students.
22

4.

On October 30, 2017, UCB responded to the City of Berkeley’s request for information regarding

23
24

enrollment increases. This response shows the actual increase in student enrollment above the 2001-02

25 two-semester average for the most recent two-semester period (i.e., Spring 2017 and Fall 2017) is 8,302
26

students. This increase represents a five-fold increase compared to the 1,650 enrollment increase

27
28

projected in the 2020 LRDP and 2005 EIR. The response also shows UCB has built fewer than 1,000

29 beds.
30

5.

The increase in student enrollment over and above the 1,650 additional students projected by the

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Petition for W rit of Mandate and Complaint for Declaratory Relief (CEQA); Case No. (To be determined)

 1 2020 LRDP and included in the 2005 EIR’s environmental impact analysis (hereinafter the “excess
2

increase in student enrollment”) has caused and continues to cause significant adverse environmental

3
4

impacts that were not analyzed in the 2005 EIR. Plaintiff is informed and believes and on that basis

5 alleges that these impacts include, without limitation, increased use of off-campus housing for and by
6

UCB students, leading to increases in off-campus noise and trash; displacement of tenants resulting in

7
8

more homeless individuals living on public streets and in local parks; increases in the number of UCB

9 students who are homeless; increases in traffic and transportation related congestion and safety risks; and
10

increased burdens on the City of Berkeley’s public safety services, including police, fire, ambulance, and

11
12

Emergency Medical Technician services.

13 6.
14

Respondents have had and continue to have a legal obligation to analyze the environmental

effects of the excess increase in student enrollment pursuant to CEQA, including, without limitation, by

15
16

preparing and certifying an Environmental Impact Report to assess the significance of impacts caused

17 by the extraordinary increase in enrollment and to identify and adopt mitigation measures to reduce these
18

significant impacts.

19
Parties

20
21 7.
22

Plaintiff SAVE BERKELEY’S NEIGHBORHOODS (Plaintiff) is a California nonprofit public

benefit corporation formed to provide education and advocacy to improve quality of life, protect the

23
24

environment and implement best planning practices. Plaintiff’s founders, members, and directors live in

25 the area affected by the excess increase in student enrollment, have suffered and will continue to suffer
26

injury from adverse environmental impacts caused by the excess increase in student enrollment if the

27
28

legal violations alleged in this Petition and Complaint are not remedied. Plaintiff was formed and

29 brings this action to represent and advocate the beneficial interests of its founders, members, and
30

directors in obtaining relief from these legal violations and to improve quality of life, protect the

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Petition for W rit of Mandate and Complaint for Declaratory Relief (CEQA); Case No. (To be determined)

 1 environment and implement best planning practices in connection UCB’s increases in student
2

enrollment.

3
4

8.

Respondent and Defendant THE REGENTS OF THE UNIVERSITY OF CALIFORNIA

5 (hereinafter “Regents”) is a public trust corporation and state agency established pursuant to the
6

California Constitution vested with administering the University of California including the management

7
8

and disposition of property of the University and the lead agency for the 2020 LRDP under CEQA, and

9 is thus responsible for analyzing, disclosing, and mitigating the environmental impacts of the 2020
10

LRDP and the excess increase in student enrollment.

11
12

9.

Respondent and Defendant JANET NAPOLITANO is the President of the University of

13 California and is named herein solely in this capacity. Regents Policy 8103 delegates to the President of
14

the University the Regents’ authority for budget or design for capital projects consistent with approved

15
16

Long Range Development Plans and minor Long Range Development Plan amendments.

17 10.
18

Respondent and Defendant CAROL T. CHRIST is the Chancellor of the University of California,

Berkeley, and named herein solely in this capacity.

19
20

11.

Respondents and Defendants Regents, Janet Napolitano, and Carol T. Christ are hereinafter

21 collectively referred to as “Respondents.”
22

12.

Plaintiff does not know the true names and capacities of Respondents and Defendants fictitiously

23
24

named herein as DOES 1 through 20, inclusive. Plaintiff is informed and believes, and thereon alleges,

25 that such fictitiously named Respondents and Defendants are responsible in some manner for the acts or
26

omissions complained of or pending herein. Plaintiff will amend this Petition to allege the fictitiously

27
28

named Respondents’ and Defendants’ true names and capacities when ascertained.

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Notice Requirements
13.

In accordance with Public Resources Code section 21167.5, Plaintiff served Respondents with

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Petition for W rit of Mandate and Complaint for Declaratory Relief (CEQA); Case No. (To be determined)

 1 written notice of commencement of this action on April 12, 2018. The Notice of Commencement of
2

Action and Proof of Service are attached hereto as Exhibit 1.

3
4

14.

In accordance with Public Resources Code section 21167.7 and Code of Civil Procedure section

5 388, Plaintiff has provided a copy of this pleading to the Attorney General’s office. (See Exhibit 2.)
6

Jurisdiction and Venue

7
8

15.

Plaintiff brings this action as a Petition for Writ of Mandate pursuant to Code of Civil Procedure

9 sections 1085, 1088.5, and 1094.5, and Public Resources Code sections 21168 and 21168.5; and as a
10

Complaint for Declaratory relief pursuant to Code of Civil Procedure section 1060. The Court has

11
12

jurisdiction over these claims.

13 16.
14

Venue is proper in Alameda County under Code of Civil Procedure section 394, subdivision (a),

because UCB and Respondents are situated therein.

15
Standing

16
17 17.
18

Plaintiff and, to the extent applicable, its members are beneficially interested in Respondents’

full compliance with CEQA. Respondents owed a mandatory duty to comply with CEQA with respect

19
20

to the 2020 LRDP and the excess increase in student enrollment. Plaintiff has the right to enforce the

21 mandatory duties that CEQA imposes on Respondents.
22

Exhaustion of Administrative Remedies

23
24

18.

UCB provides no administrative remedy for the legal claims or grounds of noncompliance with

25 CEQA alleged in this Petition and Complaint and Plaintiff had no opportunity to raise the grounds of
26

noncompliance alleged in this Petition and Complaint in any UCB administrative proceeding.

27
Private Attorney General Doctrine

28
29 19.
30

Plaintiff brings this action as a private attorney general pursuant to Code of Civil Procedure

section 1021.5, and any other applicable legal theory, to enforce important rights affecting the public

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Petition for W rit of Mandate and Complaint for Declaratory Relief (CEQA); Case No. (To be determined)

 1 interest.
2

20.

Issuance of the relief requested in this Petition and Complaint will confer a significant benefit on

3
4

a large class of persons by ensuring that Respondents analyze and disclose the environmental impact of

5 the excess increase in student enrollment.
6

21.

Issuance of the relief requested in this Petition will result in the enforcement of important rights

7
8

affecting the public interest. By compelling Respondents to complete adequate environmental review of

9 the excess increase in student enrollment under CEQA, Plaintiff will vindicate the public’s important
10

CEQA rights to public disclosure regarding and public participation in government decisions that affect

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12

the environment.

13 22.
14

The necessity and financial burden of enforcement are such as to make an award of attorney’s

fees appropriate in this proceeding because the transgressor is the agency whose duty it is to enforce the

15
16

laws at issue in this proceeding.

17

First Cause of Action
(Violation of CEQA: Pub. Resources Code, § 21000 et seq.)

18
19 23.
20

Plaintiff hereby realleges and incorporates the preceding paragraphs of this Petition and

Complaint as though set forth herein in full.

21
22

24.

Respondents prejudicially abused their discretion in violation of CEQA pursuant to Public

23 Resources Code sections 21168 and 21168.5 and Code of Civil Procedure sections 1085 and 1094.5 by
24

failing to analyze the excess increase in student enrollment pursuant to CEQA, including, without

25
26

limitation, by failing to prepare and certify an Environmental Impact Report to assess the significance of

27 impacts caused by the excess increase in student enrollment and to identify and adopt mitigation
28

measures to reduce these significant impacts.

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30

25.

Plaintiff has no other plain, speedy, and adequate remedy in the ordinary course of law and will

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Petition for W rit of Mandate and Complaint for Declaratory Relief (CEQA); Case No. (To be determined)

 1 suffer irreparable injury unless this Court issues the relief requested in this Petition.
2

Second Cause of Action
(Declaratory Relief: Code Civ. Proc., § 1060)

3
4

26.

Plaintiff hereby realleges and incorporates the preceding paragraphs of this Petition and

5
6

Complaint as though set forth herein in full.

7 27.
8

Plaintiff seeks a judicial determination and declaration that Respondents violated CEQA by

failing to analyze the excess increase in student enrollment pursuant to CEQA.

9
10

28.

An actual controversy has arisen and now exists between Plaintiff and Respondents. Plaintiff

11 contends that Respondents violated CEQA by failing to analyze the excess increase in student
12

enrollment pursuant to CEQA. Plaintiff is informed and believes, and based thereon alleges, that

13
14

Respondents dispute these contentions.

15

Prayer for Relief

16

WHEREFORE, Plaintiff prays for the following relief:

17
18

1.

For a writ of mandate compelling Respondents to conduct environmental review of the excess

19 increase in student enrollment pursuant to CEQA including, without limitation, by preparing and
20

certifying an Environmental Impact Report to assess the significance of impacts caused by the excess

21
22

increase in student enrollment and to identify and adopt mitigation measures to reduce these significant

23 impacts.
24

2.

For a declaration that Respondents have failed to comply with CEQA because it has failed to

25
26

conduct environmental review of the excess increase in student enrollment, including, without

27 limitation, by failing to prepare and certify an Environmental Impact Report to assess the significance of
28

impacts caused by the excess increase in student enrollment and to identify and adopt mitigation

29
30

measures to reduce these significant impacts.

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Petition for W rit of Mandate and Complaint for Declaratory Relief (CEQA); Case No. (To be determined)

 1 3.
2

For an order retaining the Court’s jurisdiction over this matter until Respondents comply with the

peremptory writ;

3
4

4.

5 5.
6

For an order compelling Respondents to pay Plaintiff’s costs of suit;
For an order compelling Respondents to pay Plaintiff’s reasonable attorneys fees related to these

proceedings pursuant to Code of Civil Procedure section 1021.5; and

7
8

6.

For such other relief as the Court may deem proper.

9 DATED: April 27, 2018

LAW OFFICES OF THOMAS N. LIPPE, APC

10
11
12
13

____________________________________
Thomas N. Lippe
Attorney for Plaintiff Save Berkeley’s Neighborhoods

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Petition for W rit of Mandate and Complaint for Declaratory Relief (CEQA); Case No. (To be determined)

 VERIFICATION

2 Saw: Berkeley 's Neighborho ods v. The Regents of the University ofCalif urnia, Alameda County
3 Superior Court, Case No. (to be determined)
4

l, Phillip Bokovoy, declare that:

5
6

1.

I am a founder and member of the Board of Directors of Plaintiff Save Berkeley's Neighborhoods

7 and its President. I am authorized by Save Berkeley's Neighborhoods to execute this verification.
8

9
10

2.

I have read the foregoing Verified Petition for Writ of Mandate and know the contents thereof;

the factual allegations therein are trne of my own knowledge, except as to those matters which are

11 therein stated upon infonnation or belief, and as to those matters I believe them to be true.
12

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

13

14

true and correct. Executed on April 27, 2018 at San Francisco, California.

15
16

17

Phillip Bokovoy, Pres~, Save Berkeley's Neighborhoods
.·

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..

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T:\TLIUC Enroll\Trial\Pleadings\POOIf Petition and Complaint 0427 18.wpd

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25

26
27

28
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30
LawOlflcuot
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 EXHIBIT 1

Law Offices of

THOMAS N. LIPPE, APC
201 Mission Street
12th Floor
San Francisco, California 94105

Telephone: 415-777-5604
Facsimile: 415-777-5606
Email: Lippelaw@sonic.net
April 12, 2018

By email: chancellor@berkeley.edu
Chancellor Carol T. Christ
University of California, Berkeley
c/o Jenny Hanson
Executive Assistant to the Chancellor
Office of the Chancellor
200 California Hall, #1500
Berkeley, CA 94720-1500
By email: regentsoffice@ucop.edu
Regents of the University of California
c/o Anne Shaw
Office of the Secretary and Chief of Staff to the Regents
1111 Franklin St.,12th floor
Oakland, CA 94607
Re: Notice of Intent to Sue Regarding Inadequate CEQA Review of UC
Berkeley’s 2020 Long Range Development Plan.
Dear Chancellor Christ and Regents of the University of California:
This office represents Save Berkeley’s Neighborhoods with respect to the University of
California at Berkeley’s legal obligations to conduct environmental review of the 2020 Long Range
Development Plan (2020 LRDP) in compliance with the California Environmental Quality Act
(CEQA).
One of the 2020 LRDP’s objectives is to stabilize enrollment. (2020 LRDP, Environmental
Impact Report (2004 EIR), p. 3.1-10.) The 2004 EIR evaluated an increase in enrollment of 1,650
students above the 2001-02 two-semester average. (2004 EIR , p. 3.1-14.) The University’s October
30, 2017, response to the City of Berkeley’s request for information regarding enrollment increases
shows an actual increase of 8.302 enrolled students above the 2001-02 two-semester average for the
most recent two-semester period (i.e., Spring 2017 and Fall 2017). (Exhibit 1.) This represents a
five-fold increase compared to the 2004 EIR’s projection of a 1,650 student increase in enrollment.
This change in the project renders the 2004 EIR informationally defective because the EIR
does not assess the impact of the actual increase in enrollment, which is orders of magnitude higher
than the 1,650-student increase projected in the 2004 EIR. As a result, the University must prepare
a supplemental or subsequent EIR to assess the significance of impacts caused by this extraordinary
increase in enrollment and to identify and adopt mitigation measures to reduce these significant

 Chancellor Carol T. Christ, University of California, Berkeley
Regents of the University of California
Notice of Intent to Sue Regarding Inadequate CEQA Review of 2020 LRDP
April 12, 2018
Page 2
impacts.
This letter provides notice pursuant to Public Resources Code section 21167.5 that on or
before April 20, 2018, Save Berkeley’s Neighborhoods intends to file a lawsuit challenging the
University’s adoption of the 2020 LRDP on grounds the adoption does not comply with CEQA.
Save Berkeley’s Neighborhoods is willing to discuss settling this dispute without the need
for litigation. At a minimum, any such settlement must include: (1) an enforceable agreement by the
University to prepare and certify a new EIR to assess the impacts of the 2020 LRDP as its project
description has changed to reflect the increases in enrollment shown in the University’s October 30,
2017, response to the City’s request for information; (2) the new EIR must use the same
environmental baseline used in the 2004 EIR; and (3) tolling the statute of limitations so that Save
Berkeley’s Neighborhoods is not forced to file its lawsuit to protect against the statute of limitations.
Thank you for your attention to this matter.
Very Truly Yours,

Thomas N. Lippe
cc:
David M. Robinson, Interim Chief Campus Counsel
By email: dmrobinson@berkeley.edu
T:\TL\UC Enroll\Corr\Counsel\C001b Sett Demand.wpd

 Response to City Request for Information dated May 25, 2017

UNIVERSITY OF CALIFORNIA, BERKELEY
BERKELEY • DAVIS• IRVINE • LOS ANGELES • MERCED • RIVERSIDE • SAN DIEGO • SAN FRANCISCO

SANTA BARBARA• SANTA CRUZ

BERKELEY, CALIFORNIA 94720-1382
CAP IT AL STRATEGIES
PHYSICAL AND ENVIRONMENTAL PLANNING
A&E Bldg. (MC 1382)

30 October 2017

Mayor Jesse Arreguin
City of Berkeley
2180 Milvia Street
Fifth Floor
Berkeley, California 94 704
[Transmitted via email]
Mayor Arreguin:
My office has compiled the attached data in response to your request for information sent
to former Chancellor Dirks' office on May 25, 2017. We have organized responses using
the item numbers indicated in your letter. The data provided in the attachment is the
current available information as of October 2017 and based on our understanding of your
request.
Please contact Ruben Lizardo (rlizardo@berkeley.edu) if you have questions or would
like clarification on the information that has been provided.
Sincerely,

.

-

f:::Jn!}j .,lu,JMM�
Emily Marthinsen
Assistant Vice Chancellor/Campus Architect
Physical & Environmental Planning I Capital Strategies
CC: R Lizardo, R Parikh, S Viducich, A Macha mer, S Wilmot

EXHIBIT 1
1

 Response to City Request for Information dated May 25, 2017

ATTACHMENT 1. UC RESPONSE TO DATA REQUEST
1.

Registered Student Headcount - Source: CalAnswers Student Census, UC Berkeley Office of Planning and Analysis, Accessed
10.04.2017

Academic Term Total Undergraduates Total Graduate Students Off-campus Undergraduates Off-campus Graduate Programs
Fall (F) 05

23,482

10,076

381

668

Spring (S) 06

22,643

9,571

384

674

F06

23,863

10,070

357

713

S07

23,351

9,592

384

732

F07

24,636

10,317

359

752

SOB

24,032

9,809

395

766

FOB

25,151

10,258

325

743

S09

24,448

9,735

405

758

F09

25,530

10,393

331

757

S10

25,061

9,854

421

773

F10

25,540

10,298

369

777

S11

24,969

9,789

498

762

F11

25,885

10,257

342

782

S12

25,277

9,764

529

788

F12

25,774

10,125

334

789

S13

25,181

9,610

463

800

F13

25,951

10,253

327

881

S14

25,473

9,834

426

954

F14

27,126

10,455

296

1111

S15

25,903

10,065

424

1118

F15

27,496

10,708

335

1243

S16

26,094

10,279

466

1252

F16

29,310

10,863

650

1424

S17

27,784

10,510

425

1480

F17

30,574

11,336

560

1536

Note: Columns md1cated total number of students mclude all registered students, mcludmg those enrolled m off-campus programs such as
online graduate degree programs, the Education Abroad Program, Global Edge (European Study Abroad), and Freshman in San Francisco.
The students enrolled in these off-campus programs are tallied in the "off-campus" columns.

2

 1 Thomas N. Lippe, SBN 104640
LAW OFFICES OF THOMAS N. LIPPE, APC
2
201 Mission Street, 12th Floor
3 San Francisco, California 94105
Tel: (415) 777-5604
4
Fax: (415) 777-5606
5 E-mail: Lippelaw@sonic.net
6

Attorney for Plaintiff: Save Berkeley’s Neighborhoods

7
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

8

IN AND FOR THE COUNTY OF ALAMEDA

9
10

SAVE BERKELEY’S NEIGHBORHOODS, a
11 California nonprofit public benefit corporation;
12
13

Plaintiff,
vs.

14 THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA; JANET NAPOLITANO, in her
15
capacity as President of the University of
16 California; CAROL T. CHRIST, in her capacity as
Chancellor of the University of California,
17
Berkeley; and DOES 1 through 20,
18
Respondents and Defendants.
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Case No.
PROOF OF SERVICE
[CALIFORNIA ENVIRONMENTAL
QUALITY ACT]

 1
2

PROOF OF SERVICE
I am a citizen of the United States, employed in the City and County of San Francisco, California.

3 My business address is 201 Mission Street, 12th Floor, San Francisco, CA 94105. I am over the age of 18
4 years and not a party to the above entitled action. On April 12, 2018, I served the following document on
5 the parties below, as designated:
6

!

7

Re: Notice of Intent to Sue Regarding Inadequate CEQA Review of UC Berkeley’s 2020
Long Range Development Plan

8

MANNER OF SERVICE
(check all that apply)

9
10

[ ]

By Mail:

[ ]

By Personal Service: I personally delivered each such envelope to the office of the address
on the date last written below.

[]

By Overnight FedEx: I caused such envelope to be placed in a box or other facility regularly
maintained by the express service carrier or delivered to an authorized
courier or driver authorized by the express service carrier to receive
documents, in an envelope or package designated by the express
service carrier with delivery fees paid or provided for.

[x]

By E-mail:

I caused such document to be served via electronic mail equipment
transmission (E-mail) on the parties as designated on the attached
service list by transmitting a true copy to the following E-mail
addresses listed under each addressee below.

[ ]

By Personal
Delivery by
Courier:

I caused each such envelope to be delivered to an authorized
courier or driver, in an envelope or package addressed to the
addressee below.

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In the ordinary course of business, I caused each such envelope to be
placed in the custody of the United States Postal Service, with
postage thereon fully prepaid in a sealed envelope.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct. Executed on April 12, 2018, in the City and County of San Francisco, California

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_________________________________
Kelly Marie Perry

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Proof of Service (CEQA); Case No. (To be determined)

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SERVICE LIST

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By email: chancellor@berkeley.edu
Chancellor Carol T. Christ
University of California, Berkeley
c/o Jenny Hanson
Executive Assistant to the Chancellor
Office of the Chancellor
200 California Hall, #1500
Berkeley, CA 94720-1500

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By email: regentsoffice@ucop.edu
10 Regents of the University of California
c/o Anne Shaw
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Office of the Secretary and Chief of Staff to the Regents
12 1111 Franklin St.,12th floor
Oakland, CA 94607
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By email: dmrobinson@berkeley.edu
David M. Robinson, Interim Chief Campus Counsel

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T:\TL\UC Enroll\Trial\Pleadings\P005 POS Notice Commence 041218.wpd

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Proof of Service (CEQA); Case No. (To be determined)

 EXHIBIT 2

1 Thomas N. Lippe, SBN 104640
LAW OFFICES OF THOMAS N. LIPPE, APC
2
201 Mission Street, 12th Floor
3 San Francisco, California 94105
Tel: (415) 777-5604
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Fax: (415) 777-5606
5 E-mail: Lippelaw@sonic.net
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Attorney for Plaintiff: Save Berkeley’s Neighborhoods

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IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA

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IN AND FOR THE COUNTY OF ALAMEDA

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SAVE BERKELEY’S NEIGHBORHOODS, a
11 California nonprofit public benefit corporation;
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Plaintiff,
vs.

14 THE REGENTS OF THE UNIVERSITY OF
CALIFORNIA; JANET NAPOLITANO, in her
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capacity as President of the University of
16 California; CAROL T. CHRIST, in her capacity as
Chancellor of the University of California,
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Berkeley; and DOES 1 through 20,
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Respondents and Defendants.
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Case No.
PROOF OF SERVICE
[CALIFORNIA ENVIRONMENTAL
QUALITY ACT]

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2

PROOF OF SERVICE
I am a citizen of the United States, employed in the City and County of San Francisco, California.

3 My business address is 201 Mission Street, 12th Floor, San Francisco, CA 94105. I am over the age of 18
4 years and not a party to the above entitled action. On April 27, 2018, I served the following document on
5 the parties below, as designated:
6

!

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PETITION FOR WRIT OF MANDATE AND COMPLAINT FOR DECLARATORY
RELIEF

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MANNER OF SERVICE
(check all that apply)

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[x]

By Mail:

[ ]

By Personal Service: I personally delivered each such envelope to the office of the address
on the date last written below.

[]

By Overnight FedEx: I caused such envelope to be placed in a box or other facility regularly
maintained by the express service carrier or delivered to an authorized
courier or driver authorized by the express service carrier to receive
documents, in an envelope or package designated by the express
service carrier with delivery fees paid or provided for.

[ ]

By E-mail:

I caused such document to be served via electronic mail equipment
transmission (E-mail) on the parties as designated on the attached
service list by transmitting a true copy to the following E-mail
addresses listed under each addressee below.

[ ]

By Personal
Delivery by
Courier:

I caused each such envelope to be delivered to an authorized
courier or driver, in an envelope or package addressed to the
addressee below.

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In the ordinary course of business, I caused each such envelope to be
placed in the custody of the United States Postal Service, with
postage thereon fully prepaid in a sealed envelope.

I declare under penalty of perjury under the laws of the State of California that the foregoing is true
and correct. Executed on April 27, 2018, in the City and County of San Francisco, California

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_________________________________
Kelly Marie Perry

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Proof of Service (CEQA); Case No. (To be determined)

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SERVICE LIST

2
Hon. Xavier Becerra
Attorney General
4 State of California
Office of the Attorney General
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1300 I Street
6 Sacramento, CA 95814
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Proof of Service (CEQA); Case No. (To be determined)