Declaration

Cal. Super. - 6th Dist.March 29, 2021

O©OO\1®U1-b-OJN-A NNNNMNNNNAAAQJAAJAA m‘JODCD-kwN-KOComNQU‘l-hWN-X 21 CV381442 Santa Clara - Civil A. Villanueve ‘ Electronically Filed SPILE, LEFF & 600R, LLP 16501 Ventura Boulevard, Suite 61o C°unty 0f Santa Clara, Encino, California 91436-2072 0" 8/16/2021 3=44 PM Telephone Number: (818) 784-6899 ReVIewed By: A- VIIIanueva Facsimile Number (818) 784-0176 Case #21CV381442 Envelo e: 7071615 Attorneys for Defendants SERENO GROUP, INC. and NICH LAS A. FRENCH SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA BO WANG AND ALICIA WANG, Case N0. 21CV381442 Piaintiffs, [Assigned to the Hon. Peter H. Kirwan, Dept. 19] DECLARATION 0F ANDREW LEFF IN SUPPORT OF DEFENDANTS SERENO GROUP, INC. AND NICHOLAS A. FRENCH’S MOTION TO STRIKE PORTIONS OF PLAINTIFFS’ COMPLAINT DATE: TIME: 9:00 a.m. DEPT: 19 VS. SERENO GROUP, INC.; NICHOLAS A. FRENCH; and DOES 1 THROUGH-SO, inclusive, vvvvvvvvvvvvv Defendants. [Filed concurrently with Motion to Strike] Action filed: March 29, 2021 l, ANDREW L. LEFF, declare as follows: 1. l am an attorney at law, duly authorized to practice law in the State of California. | am a partner with the law firm of Spile, Leff & Goor, LLP, attorneys of record for Defendants SERENO GROUP, INC. and NICHOLAS A. FRENCH (herein collectively “SERENO”). I am personally aware of the facts set forth in this declaration, and if called as a witness, | could and would competently testify thereto. 2. After, I received a copy of the original Complaint, on August 6, 2021, I emailed Plaintiffs’ attorney Eric Hartnett and stated in effect what is set forth in the _ 1 - DECL 0F ANDREW LEFF IN SUPPORT 0F SERENo’s MOTION To STRIKE PORTIONS 0F COMPLAINT QOmNODU‘I-bOJN-A NNNNNNNNNAAAAAAAAAA mNCDO-bQJN-AOQmNCDU'I-hLON-AO Motion to Strike namely the grounds for SERENO’S Motion to Strike. 3. On August 11, 2021, I telephoned Mr. Hartnett and discussed the grounds for the Motion to Strike and he told me he disagreed. I told him we would thus be filing the Motion to Strike. 4. I had the phone call with Plaintiff’s counsel; that is mandated by Code of Civil Procedure § 435.5 (a), but I received no agreement from Mr. Hartnett, so I had to file the Motion to Strike, to not jeopardize SERENO’S interests. I declare under the penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on August 16, 2021, at Encino, California. , EWEFF VANDR _ 2 - DECL 0F ANDREW LEFF IN SUPPORT 0F SERENO'S MOTION To STRIKE PORTIONS 0F COMPLAINT O©®NO>UIAOJN~¥ NNNNNNNNNQAAAAAAAAA m‘dmm-th-‘OCOWNCUWhOON-A PROOF OF SERVICE STATE OF CALIFORNIA ) )§ COUNTY OF LOS ANGELES ) I am employed in the County 0f Los Angeles, State 0f California. 1am over the age 0f 18 and not a party t0 the within action. My present business address is 16501 Ventura Boulevard, Suite 610, Encino, California 91436. On August 16, 2021, I served a true and correct copy of the document described as DECLARATION OF ANDREW LEFF IN SUPPORT OF DEFENDANTS SERENO GROUP, INC. AND NICHOLAS A. FRENCH’S MOTION TO STRIKE PORTIONS OF PLAINTIFFS’ COMPLAINT 0n the interested parties, as follows: Eric T. Hartnett Esq. 563 Murphy Ave. Sunnyvale, CA 94086 Telephone: (408)290-8228 Email: ehartnett@erichartnettlaw.com Attorneyfor Plaintifl BY HAND DELIVERY By Third Party, Ace Messenger and Attorney Service, Inc. BY FACSIMILE TRANSMISSION: By use of facsimile machine telephone number (818) 784-0176, in accordance with Code of Civil Procedure §1013(e) and California Rules 0f Court 20008(e), t0 the within parties at the facsimile number(s) indicated. This transmission was reported as complete and without error, and a copy 0f the transmission report Which was issued by the transmitting facsimile machine is attached t0 the original hereof. E BY UNITED STATES POSTAL SERVICE: Iam “readily familiar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on that same day With postage thereon fully prepaid at Los Angeles, California in the ordinary course 0f business. BY NEXT DAY BUSINESS DELIVERY: 1am “readily familiar” with the firm’s practice 0f collection and processing documents for delivery Via Federal Express Overnight Mail. Under that practice it would be deposited in the Federal Express Service drop-off box on that same day prior to the 5:00 p.111. pick-up time for delivery the next business day in the ordinary course of business. E BY E-MAIL ELECTRONIC: from our firm’s Microsoft Outlook e-mail system for delivery to the above e-mail addresses, read receipt requested. E (STATE) I declare under penalty 0f perjury under the laws of the State 0f California that the above is true and correct. Executed 0n August 16, 2021 at Encino, California.W Ba‘fbara Birlew 1 Proof of Service