DeclarationCal. Super. - 6th Dist.November 5, 2020GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 7 CUPERTINO. CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 200V373145 Santa Clara - Civil GRELLAS SHAH LLP DHAIVAT H. SHAH, ESQ. (SBN 196382) (ds@grellas.com) DAVID I. SIEGEL, ESQ. (SBN 264247) (dsiegel@grellas.com) ERIN M. ADRIAN, ESQ. (SBN: 228718) (ema@grellas.com) SURYA KUNDU, ESQ. (SBN: 308099) (sk@grellas.com) 20400 Stevens Creek Blvd, Suite 280 Cupertino, CA 95014 Telephone: (408) 255-63 10 Facsimile: (408) 255-6350 Electronically Filed by Superior Court of CA, County of Santa Clara, on 4/8/2021 3:28 PM Reviewed By: L. Wang Case #20CV373145 Envelope: 6204549 Attorneys for Plaintiffs MAGNOLIADRHOMESLLC, a California limited liability corporation, and YOULIN WANG, an individual SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN SANTA CLARA MAGNOLIADRHOMES LLC, a California limited liability corporation, and YOULIN WANG, an individual Plaintiffs, vs. GUIDANCE LAW, APC, a California professional corporation, DEREK LONGSTAFF, an individual, RICHARD KAHN, an individual, LUIS BULAS-FELIX, an individual, LUIS BULAS-FELIX & ASSOCIATES, LLC, a Florida limited liability corporation, FORENSIC PROFESSIONALS GROUPS, INC., a Florida corporation, and Does 1-50, inclusive Defendants. Case No. 20-CV-373 145 DECLARATION OF DHAIVAT H. SHAH REGARDING INABILITY TO COMPLY WITH MEET AND CONFER REQUIREMENT UNDER CAL. CODE CIV. P. §§ 430.41, 435.5 Dept: 2 Judge: Hon. Drew Takaichi Case Filed: November 5, 2020 Trial Date: TBD DECLARATION OF DHAIVAT H. SHAH REGARDING INABILITY TO COMPLY L . Wang GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 7 CUPERTINO. CA 95014 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I, Dhaivat H. Shah, declare as follows: 1. I am a member in good standing 0f the bar of the State of California and a partner With the law firm 0f Grellas Shah LLP, counsel for Plaintiffs Magnoliadrhomes LLC (“Magnolia”) and Youlin Wang (“Wang”). I have personal knowledge 0f the matters stated herein and if called as a witness, I could and would testify competently thereto. I write this declaration to explain my inability t0 comply With the meet and confer requirement under Cal. Code CiV. P. §§ 430.41, 435.5. 2. Defendant Richard Kahn (“Kahn”) filed an Answer on behalf 0f himself and purportedly 0n behalf of defendant Forensic Professionals Group USA, Inc. (“FPG”) 0n April 1, 2021. 3. Since that time, Ihave made good faith efforts to meet and confer with Kahn. 4. On April 4, 2021, I sent Kahn a detailed email t0 meet and confer with him regarding the deficiencies in the Answer and notified him of my intent t0 file a demurrer and/or motion to strike the Answer ifmy concerns could not be resolved. Among other things, I observed that because Kahn is not an attorney, he cannot represent FPG. I also noted that each 0f the purported affirmative defenses in the Answer did not state an answer and were uncertain. I asked Kahn when he would be available to further meet and confer by phone. 5. Kahn responded that he was available t0 speak 0n April 6 and we agreed 0n a time. 6. Kahn later cancelled our scheduled call, explaining that he was in the process 0f possibly retaining counsel, had an appointment t0 meet With a lawyer, and did not want t0 speak With me directly. 7. Ihave therefore been unable t0 speak with Kahn 0n the phone. 8. On the evening of April 7, Kahn emailed me again and wrote that he would be Willing to talk t0 me 0n April 9 or April 12. /// /// /// 1 DECLARATION OF DHAIVAT H. SHAH REGARDING INABILITY TO COMPLY GRELLAS SHAH LLP 20400 STEVENS CREEK BLVD SUITE 280 CA 95014 CUPERTINO, WOOQQUI-RWN" MN t-nn-tr-tu-as-p-ty-AH gfi§3§$fi~c$§qmmbwwwo 9. Given Kahn’s unavailability, despite my good faith efforts I cannot complete a meet and cunfer process in time t0 file a demurrer 0rmation to strike 5 days before it is due. I declare under penalty of perjury under the }aws of the State of California that the foregoing is true and correct. Executed in San Francisca, California on April 8, 2021. O&WM Dhaivat H. Shah, Esq. 2 -WWWMfl-mmmmm?&W