Declaration In Support

Cal. Super. - 6th Dist.May 6, 2019

Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/2/2019 1:36 PM Reviewed By: R. Aragon Case #19AP002514 Envelope: 3081825 19AP002514 Santa Clara - Civil R. Aragon AARON DAWSON (SBN 283990)1 402 W. Broadway, Suite 2100 2 San Diego, CA 92101 3 Telephone: (415) 534-5346 aaron@dawsonandrosenthal.com 4 . 5 Attorneyfor Plaintifi/Respondent 6 ‘ ' , 7 SUPERIOR COURT 0F THE STATE 0F CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA 8 APPELLATE DIVISION 9 . 10 ) Sup Ct. Case No.: 16-CV-297762GEORGE KUO, an individual, ) ' 11 ' ) “Appellate Case No.: 19AP002514 12 Pla‘nt‘ff/Respondent’ g LIMITED JURISDICTION l3 V_ ) 14 ' . ' , ' . ) DECLARATION 0FAARON SMATAICS, LLC., a corporatlon; ) DAWSON IN SUPPORT 0F 15' SMARTI}ICS CORPORATION, a ) RESPONDENT’S BRIEF 16 corporatlon; LESLEY CHISENGA, ) . an individual ‘ ) 17 ) 18 Defendants/Appellants. ) . . ) 19 20 I, Aaron Dawson, declare as follows: 21 1. I am an attorney licensed t0 practice law in the State of California and 22 23 have at all relevant times served as counsel for Plaintiff/Respondent 24 George Kuo. This Declaration is submitted in support of Respondent’s 25 Brief. 26 . ' 27 2. The followmg facts are within my personal knowledge and, if called as a 28 witness herein, I can and will competently testify thereto. DECLARATION OF AARONDAWSON Kuo v. Smataics, LLC, 19AP002514 fl 3. After judgment was entered by the Department 0f Labor and Standards 2 Enforcement (DLSE) in April 0f 2016, Appellant (Mr. Chisenga) 3 explicitly stated his refusal, 0n behalf 0f his companies, t0 honor the : judgment. 6 4. I served Mr. Chisenga with valid subpoenas 0n Septembel; 19, 2016 (Ex. 7 A t0 Respondent’s Request for Judicial Notice), May 16, 2018 (CT 157), Z and October 23, 2018 (Ex. B t0 Respondent’s Request for Judicial 10 Notice). These subpoenas all requested the same 15 categories 0f 11 documents, including bank records for Smataics, LLC and Smartaics i: Corporation for the past three years, a complete inventory 0f all 14 property owned by these corporations, all contracts 0r other documents 15 reflecting the sale 0f any property, and more. 16 5. In response t0 all 0f these subpoenas, Mr. Chisenga has only provided 1; four-lnonths’ worth 0f Smataics, LLC’s bank statements (June~August, 19 2016) and little else. He has repeatedly stated his refusal t0 comply with 20 these document requests. Z 6. Since judgment was entered by the DLSE, I have had n0 point 0f contact 23 at either Smataics, LLC 01° Smartaics Corporation apart from Lesley 24 Chisenga. This, despite countless requests over several years seeking the :2 information for an alternative point 0f contact. 27 7. On November 2, 2018 I served Plaintiff’s Sur-Reply in Support of 28 Renewed Motion t0 Amend Judgment, along with the exhibits attached DECLARATION OF AARON DAWSON Kuo v. Smataics, LLC, 19AP0025 14 thereto (1-23) on Mr. Chisenga. The proof of service is attached as Exhibit E to Respondent’s concurrently filed Request for Judicial Notice. KOOOQQKII-BUJNh-d NNNNNNNNNHHHHHHHHF‘H OOQQUI-BWNh-IOKOOOQQUI-PUJNHO I declare under penalty of perjury under the laws of the State of California that the foregoing Declaration is true and correct. Executed July 2, 2019 at San Diego, California flan SDMer Aaron Dawson Attorney for Plaintiff/Respondent, George Kuo DECLARATION OF AARON DAWSON Kuo v. Smataics, LLC, 19AP002514