Declaration

Cal. Super. - 6th Dist.November 12, 2020

10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 jAaron R. Jackson (SBN 250403) JACKSON LAW GROUP, P.C. 100 Pine Street, Suite 1250 San Francisco, CA 941 11 Telephone: (415) 379.0560 Facsimile: (415) 869.3723 Email: aar0n@jacksonlawgrouppc.com Attorneys for Defendants FIELD & POND, LLC AND DR. PHILLIP RICHARD WATT Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/21/2021 11:57 AM Reviewed By: R. Tien Case #20CV373379 Envelope: 6495213 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA LIMITED JURISDICTION - UNDER $25,000 MEZZETTI FINANCIAL SERVICES, INC., Plaintiffs, V. FIELD & POND, LLC, a California Limited Liability Company, PHILLIP RICHARD WATT; DAHVIE JAMES and DOES 1 through 10, inclusive Defendants. CASE NO. 20CV373379 DECLARATION OF DR. PHILLIP RICHARD WATT, M.D. IN SUPPORT OF MOTION TO QUASH SUBPOENAS AND REQUEST FOR SANCTIONS [Filed Concurrently with Notice ofMotion and Motion T0 Quash Subpoenas; Memorandum 0f Points and Authorities; Separate Statements; Proposed Order] Date: Time: Department 20 Judge: The Hon. Socrates Manoukian I, PHILLIP RICHARD WATT, M.D., declare: 1. I am a Defendant in this action. I make this declaration 0f my own personal knowledge and, if called as a witness, I could testify competently thereto. The following facts are Within my personal knowledge and, if called as a Witness herein, I can and will competently testify thereto. This declaration is being submitted in support of Defendants’ Motion t0 Quash Subpoenas. -1- Mezzetti Financial Services. v. Field & Pond, et al,, Santa Clara County Superior Court Case N0. 20CV373379 Declaration ofPhilip Watt, MD. in Support ofMotion t0 Quash Subpoenas 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. I am the sole member 0f Defendant Field & Pond, LLC, a California limited liability company (“Field & Pond” 0r the “Company”). I am also full-time medical doctor specializing as a mobile animal surgeon at many clinics. Thus, I d0 not handle the day-to-day operations 0f the Company. 3. The instant litigation arises from breach 0f contract allegations from a contract for the rental of a wedding venue under that certain Rental Agreement (the “Agreement”) entered into 0n December 12, 2018 between Field & Pond and Mary Mezzetti. Specifically, Plaintiff seeks to obtain $17,000 for the deposit paid pursuant t0 the Agreement for a wedding 0n April 3-5, 2020. The deposit was provided to Field & Pond in December 2018 contemporaneously With the execution 0f the Agreement. 4. Field & Pond has n0 obligation t0 return the deposit because Ms. Mezzetti failed t0 provide the requisite notice t0 terminate the Agreement 0r continue the wedding before the April 2020 wedding date. Field & Pond is often fully book over a year 0r more in advance; and, thus, the Agreement has a detailed procedure for canceling or continuing wedding dates. Ms. Mezzetti also failed to agree to an alternative wedding date pursuant to the procedures provided in the Agreement, despite several overtures by Field & Pond t0 provided alternative wedding dates. Further, despite the gathering in place restrictions, the wedding could have been held. 5. I have n0 idea Why I am being sued in my individual capacity. 6. I did not sign the Agreement. Rather, the agreement was signed 0n behalf 0f Field & Pond by co-defendant Dahvie James. However, Mr. James is n0 longer a member of Field & Pond. 7. I have never even spoken With Mary Mezzetti nor have I had any interactions with Ms. Mezzetti. The first time I had any contact With anyone associated with the Agreement was in September 2020, long after the initial wedding date of April 2020. At that time, I spoke 0n the telephone With Jose Mezzetti, Whom I believe is the father 0fMary Mezzetti and the Plaintiff. 8. During this phone call, Mr. Mezzetti screamed at me and demanded I return the deposit. I attempted t0 calm him down and sought an amicable resolution. However, he could not be consoled. Mr. Mezzetti then yelled Obscenities at me and threatened me With litigation. -2- Mezzetti Financial Services. v. Field & Pond, et al,, Santa Clara County Superior Court Case N0. 20CV373379 Declaration ofPhilip Watt, MD. in Support ofMotion t0 Quash Subpoenas \DOONJO‘NU'I-h 10 11 12 13 I4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 9. Based on the tenor of the phone call, including, but not limited to the threats and Obscenities made towards me, I believe Plaintiff had his attorney issue the subpoenas solely for harassment and to cause me to incur attomeys’ fees because there are no grounds for obtaining my sensitive personal financial records or the proprietary and sensitive financial records of the Company. 10. Field & Pond is adequately capitalized as it owns the real property where the weeding events are held. Thus, Field & Pond can pay its debts. 11. My personal financial records, and the financial records of Field & Pond, have no bearing on whether Field & Pond must return the $17,000 deposit under the Agreement. I declare under penalty of perjury of the laws in the State of California that the foregoing is true and correct. Executed this Z f day of May, 2021, at San Francisco, California. PHILLIP WATT, MD. -3- Mezzen‘i Financial Services. v. Field& Pond er al., Santa Clara County Superior Court Case No. 20CV373379 Declaration ofPhilip Watt, M. D. in Support anation to Quash Subpoenas