Bainiwal_declaration

Opposition

Cal. Super. - 6th Dist.January 21, 2020

© 00 NN OA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. BRAD JONES (SBN 126650) Email: brad@dbjlawoffices.com Electronically Filed by Superior Court of CA, LAW OFFICES OF D. BRAD JONES County of Santa Clara, 12660 EASTON DRIVE ] SARATOGA, CA 95070 on 7/28;20201;10:25 A] Reviewed By: F. Miller Telephone: ~~ (408) 295-4000 C Facsimile: (408) 342-6873 ase #20CV362159 Envelope: 4669386 Attorneys for Plaintiff BHUPINDAR S. DHILLON and SUKHDEV S. BAINIWAL SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA Case No.: 20CV362159 BHUPINDAR S. DHILLON, an individual, and SUKHDEYV S. BAINIWAL, an DECLARATION OF SUKHDEV S. individual, BAINIWAL IN SUPPORT OF PLAINTIFFS OPPOSITION TO THE ANTI-SLAPP Plaintiffs, MOTION OF DEFENDANT KULWANT SINGH vs Hearing Date: August 13, 2020 re Hearing Time: 9:00 a.m. KULWANT SINGH, an individual and DOES 1-10, inclusive Dept. 21, Hon. Thang N. Barrett Defendants. I, Sukhdev S. Bainiwal, declare that: 1. I am over the age of 18, and I am one of the Plaintiff’s in this case and submit my declaration in support of Plaintiff's opposition to the anti-Slapp motion brought by Defendant, Kulwant Singh, against myself and Bhupindar S. “Bob” Dhillon. I make this declaration based on my own personal knowledge and if called to testify as to the matters stated herein I would do so in an honest and competent manner. 2. I first became associated with the Sikh Gurdwara-San Jose (the “Gurdwara”) in approximately 1985 and since that time I have continuously and regularly worshiped there attending religious services, gatherings, and social activities. I am currently a member of the DECLARATION OF SUKHDEV S. BAINIWAL IN 1 SUPPORT OF PLAINTIFFS OPPOSITION TO THE ANTI-SLAPP MOTION OF DEFENDANT KULWANT SINGH OO © 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Gurdwara’s ruling Parbandhak Committee (the “Committee™) and was first elected to the Committee in 2009. I am also part of the current slate running for re-election. 3. I know Plaintiff Bhupindar S. Dhillon (“Bob”) very well, as he is my mother’s brother. I have known Bob my entire life and ever since joining the Gurdwara, and over the ensuing years, | have worked closely with him on matters involving the Gurdwara, even before becoming a board member of the Committee and continue working with him to this day. I know Bob’s character and consider him to be a mentor to me, because of his devotion to Sikh religious teachings. 4. The Gurdwara is the focal point in my life, as well as for my entire family, socially, educationally, and on a religious basis. The Sikh religious teachings do not tolerate intoxicants of any kind. Ihave never drunk any alcohol and I have not touched or done any drugs in my life. To do so would violate our Sikh code of conduct or religious teachings, which I would never turn my back on or betray. The same goes for my wife and kids, who have never done any drugs or used any alcohol in their life. My entire family faithfully follows and practices our Sikh beliefs. B: Concerning Defendant Kulwant Singh (“Kulwant”), at one time many years ago, his father and my father were good friends and I first met Kulwant at the Gurdwara. Our relationship was only causal and at one time Kulwant actually supported the Parbandhak Committee and its members. I can’t remember when or why, but Kulwant eventually turned against the Committee and its members and began a campaign of spreading lies and false rumors on his Facebook page about me, and others, but I address those about me below. 6. I have seen and read the October 30, 2019 Facebook posting published by Kulwant on his “San Jose Sangat” website, containing the statements made against myself and Bob. These statements are nothing more than outright lies. The information contained in his post is totally false and without any factual basis whatsoever. I have been associated with the Gurdwara for 35 years and on average, I spend approximately 15 to 20 hours a week there. Throughout this entire time, | have never heard a single word or complaint from any congregants at the Gurdwara, or other members of the Committee, about the existence of any drug trade or drug problem there. I DECLARATION OF SUKHDEV S. BAINIWAL IN 2 SUPPORT OF PLAINTIFFS OPPOSITION TO THE ANTI- SLAPP MOTION OF DEFENDANT KULWANT SINGH OO 0 3 A 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 have never heard from any parents who expressed a concern for their children’s well-being, because of being exposed to drugs at the Gurdwara. For the 35 years that I have freely given of myself, my time, and my services to the Gurdwara and to the entirety of the Sikh community, I have never heard about or personally observed the conditions that Kulwant lies about. Because of my religious faith and commitment to the Sikh code of conduct, which I would never betray, I could not, nor would I, ever condone or allow such behavior to occur at the Gurdwara. Most importantly, and based on my religious beliefs, I could never participate in or condone the sale and/or the use of drugs at the Gurdwara or anywhere else for that matter. Ts Because of my involvement, time commitment to the Gurdwara, and as member of the Committee, if this blatantly false information contained even a speck of truth, it would have been brought to my immediate attention. My children, along with approximately 700 other children, attend the Sunday school provided at the Gurdwara. If there was any basis, or truth, to Kulwant’s lies about drug sales or drug use to which my children were exposed, as a father I would do everything in my power to investigate and rid the Gurdwara of such activity in order to protect not only my children, but all of the children who attend there. 8. I know both Gurmukh Sohal and Gurbaksh Sohal, who are related to me as they are my mother’s sister’s grandsons. I know their character, and both are men of integrity. Kulwant’s Facebook post states, as fact, that my relatives, who work for the San Jose Police Department and the District Attorney’s Office extend help to shield me from “prevailing big crimes at the Sikh Gurdwara”. Gurmukh and Gurbaksh are the only relatives I have working for either law enforcement agency. First and foremost, this statement is a lie, plain and simple. I have never spoken to either about a “drug trade running full swing at the Sikh Gurdwara.. J’ under my “clout” or have I ever attempted to use my influence over them to betray their morals and integrity to shield either me or Bob, from a situation that only exists in the mind of Kulwant. 9. Over the years I have come to know Kulwant as person with a reputation within the Gurdwara community as a dishonest person, a conniving person, and a person who would readily spread false rumors and lies to discredit anyone with whom he disagrees or who crosses him. Over the years, Kulwant has repeatedly targeted me with false lies on his “San Jose Sangat” DECLARATION OF SUKHDEV S. BAINIWAL IN 3 SUPPORT OF PLAINTIFFS OPPOSITION TO THE ANTI- SLAPP MOTION OF DEFENDANT KULWANT SINGH © © 9 10 11 12 13 14 15 16 17 18 19 20 2] 2 23 24 25 26 27 28 Facebook page, and as recently as June 27™, even as this case is ongoing, posted the following on another website he maintains called the “San Jose Gurdwara Sangat”. I have translated his post from Punjabi to English for the Court: “A man says that he is a Sikh, Ok, he could not tell the names of Sikh Guru’s as he is thinking he can just memorize the names by repetition. Who's at fault, the Gurdwara committees. Lets look at the committees; San Jose Gurdwara controllers, the bastard gangsters could not recognize their father in court. Sukhdev Bainiwal says that he has 3 fathers, he still does not know who his father is. Ask Bob and Gurinder; the names of Devi’s, they probably could tell some names because they celebrate Lohri at the Gurdwara. Rest of the members, can tell the details of liquor and other drugs.” [emphasis added] I have attached to my declaration, as Exhibit “A”, a true and correct copy of the June 27th post. 10. I find this post to be morally reprehensible, hateful, and simply cruel. I know exactly who my father is and would never, ever, say that I have three. Most striking however, is that Kulwant knows exactly who my father is. Setting aside Kulwant’s personal knowledge, and truth, of my father’s identity, he nonetheless posts and spreads this hateful information... that I am a bastard child from one of 3 potential fathers. This post is also deeply troubling and offensive to me, as it implicates my mother’s morals and her reputation as well. Kulwant lies without regard for the truth. Kulwant lies without empathy about how such hurtful statements impact the lives of those he writes about. 11. I believe that Kulwant’s defamatory October 30™ Facebook post about me, as well as all the others he has posted over the years, is/are motivated out of hate and ill and that he is seeking revenge against me for a lawsuit he filed in Santa Clara Superior Court, under Case Number: 112CH004513, in September of 2012, which he lost. In his lawsuit for civil harassment, Kulwant falsely accused me of physically attacking and injuring both he and his son, and that I used or threatened to use a gun to kill both him and his wife. On October 20% 31%; November 6th 7th 19% and the 26", of 2012, he tried his case before the Hon. Mary J. Greenwood. Following trial, Judge Greenwood ruled that Kulwant failed prove his case, in all respects, and on January 18, 2013 Judge Greenwood awarded me my attorney fees and costs. For the Court’s convenience I have attached as Exhibit “B” a true and correct copy of Judge Greenwoods’ DECLARATION OF SUKHDEV S. BAINIWAL IN 4 SUPPORT OF PLAINTIFFS OPPOSITION TO THE ANTI- SLAPP MOTION OF DEFENDANT KULWANT SINGH r y 0 Attorney Fee Award Order. 12. Alter receiving the attorney fee award, | recorded an Abstract of Judgment with the County of Santa Clara Recorder's Office. 13. Everything that Kulwant alleged in his civil harassment suit against me was untrue. Consciously made up completely lies. Everything contained in his October 30" Facebook posting are lies he consciously made up. His most recent posting on June the 27" is no different. Other than what | have stated above. [ don’t know and [ can’t tell the Court what motivates his hateful conduct. but one thing I do know...is that unless and until he is stopped, he will continue hiding behind his computer screen. posting his made up lies, and spreading false rumors 10 discredit anyone who crosses him or with whom he disagrees. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that if sworn as a witness could testify competently thereto and that this declaration was executed on July 23. 2020 at San Jose, California. Sukhdev S. Bainiwal SIGNED VIA FAX TDUCLARATION OF SURTIDEY S. BAINIWAL IN 3 SUPPORT OF PLAINTIFFS OPPOSITION TO THE ANTI STARE MOTION OF DEFENDANT KULWANT SINGH Scanned with CamScanner Exhibit “A” ces ban, ctr beet ae Fo Ig AfoEs © aH © 32 4 us Jv for © age fame gaeea TACPHT | SA TF WRIT IH 75 90 JIT 3 Ted god iS 3 dae wwe ug Sufous wh Hwa RR To Seg side § Ex ful wr 98 33 wind © uz wd Siam | Be 3 gfded § Sh @ 5 ur 58 Go 9 Bud wg vn ee fabfe Bad Taq 58a fro gaveion 8 vase wi | TE HG HIE WE 08 Bien © 5e8 Hgd ©R ved See Translation QO 2 3 Comments 1 Share i Like J) Comment & Share June 27, 2020 — Facebook post by Kulwant Singh on group “San Jose Gurdwara Sangat” A man says that he is a Sikh, Ok, he could not tell the names of Sikh Guru’s as he is thinking he can just memorize the names by repetition. Who's at fault, the Gurdwara committees. Lets look at the committees; San Jose Gurdwara controllers, the bastard gangsters could not recognize their father in court. Sukhdev Bainiwal says that he has 3 fathers, he still does not know who his father is. Ask Bob and Gurinder; the names of Devi’s, they probably could tell some names because they celebrate Lohri at the Gurdwara. Rest of the members, can tell the details of liquor and other drugs. Exhibit "B” 10 11 12 i3 14 15 16 17 18 19 20 21 22 23 24 25 26 [ISUKHDEV'S. BAINIWAL i: £ { Bam fmm Sey D. BRAD JONES (BAR NO.126650) B18 1 LAW OFFICES OF D. BRAD JONES we 440 N. First Street, Suite 100 Bevan San Jose, CA 95112 ea Phone: (408) 295-4000 B__ ye. Fax: (408) 342-6873 4 nl brad@dbilawoffices.com - "ORG, “VA 1 Attorney for Respondent SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA KULWANT SINGH, No. 1-12-CH-004513 Petitioner, ORDER ON MOTION FOR ATTORNEYS VS. FEES AND COSTS SUKHDEV S. BAINIWAL, Hearing Date: January 7, 2012 Time: 9:00 A.M. Respondent, . Dept: 13 1 : Judge: Hon. Mary Greenwood, Presiding i Trial; October 29, 2012 Respondent, SUKHDEV 8. BAINIWAL Motion for Attorney's Fees and Costs, having come before the court for hearing on January 7, 2013, and the court having considered the papers and arguments submitted in support of, and in opposition thereto, and good cause appearing, IT IS ORDERED THAT; Pursuant to CCP § 527 and CCP § 1032, JASIR SINGH PAUR is the prevailing party in this action, and in accordance with CCP § 527.6, and paragraph 527.6 subdivision (r), is entitled to recover his reasonable attorney’s fees from Petitioner, KULWANT SINGH, in the amount of $1,714.29. ORDER RE: MOTION FOR ATTORNEY FEES AND COSTS 16 il 12 13 14 15 16 17 18 22 23 24 25 2e 42 IT IS FURTHER ORDERED THAT, In accordance with CCP § 1033 5(a){10)(B), SUKHDEY S. BAINIWAL shall recover from KULWANT SINGH, his costs In the amount of $741.35. 7 Dated: January 7 . 2013 JUDGE OF THE SU jini OURT Judge Mary J. Green APPROVED AS TO FORM Fol # Lyle Johnson, Esq, BED! & JOHNSON 152 North Third Street, Suite 510 San Jose, CA 85512 ORDER RE: #4QTION FOR ATTORMEY FEES AND COSTS