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Harry I. Price, Esq, Bar No. 077817
Price Law Firm
40 Main Street
Los Altos, CA 94022
Phone: (650) 949-0840
Fax: (650) 949-0844
Email: harry@priceslaw.com
Attorneys for Plaintiffs
/
SUPERIOR COURT OF THE STATE OF CALIFORNIA
81
COUNTY OF SAN MATEO
9|
10| SS and AR, LLC, a California Limited Liability Case No. 22-CIV-01362
Company, and Sudhir Mathur and Shanu Mathur,
Ill individually and dba Safari Kid, Motion to Strike opposition:
DECLARATION OF HARRY I. PRICE RE:
12| Plaintiffs, DISENGENUOUS MEET AND CONFER;
13| andREQUESTFORJUDICIALNOTICE
V.
14| BJJF,LLC, a CaliforniaLimited Liability Date: June 29, 2022
15| Company, and DOES 1 through 10, inclusive, Time: 2:00 p. m.
Dept. : 2
16| Defendants.
Judge: Hon. Marie S. Weiner
17|
18| I, Hany I. Price, declare as follows:
19| 1. I am an attorney admitted to practice in the State of California and a partner with the
20| Price LawFirm, the attorneys ofrecord for Plaintiffs SS and AR, LLC, a CaliforniaLimited
21| Liability Company, and Sudhir Mathur and Shanu Mathur, individually and dba Safari Kid,
221
(hereinafter collectively "SAFARIKID")in the above-entitled case. I am familiarwith the
231 facts contained herein, and if called as a witness, I could testify competently thereto.
24| 2. My clients, as commercial lessees, had received conflicting information from two sets of
251
attorneys for the lessor, Defendant BJJF, LLC, a California Limited Liability Company
26|
("BJJF"). When my client recently received notices to quit, despite the pending action, on
27|
April 25, 2022, prior to said Defendant's counsel filing any appearance, let alone the pending
BH
I LAW FIRM I SAFARI KID v. BJJF, et al ~ Case No. 22-CIV-01362
Motion to Strike Opposition: Declaration of Harry I. Price Re: Disengenuous Meet and Confer
motion to strike, I reached out to both sets of attorneys inquiring as to who would be
representing the Defendant lessor in the above-entitled action. A copy of said email dated
April 25, 2022 is attached as Exhibit 1. Neither attorney responded at that time.
3. I have read the declaration about meet and confer efforts filed by counsel for Defendants.
Note the timing - the email sent on a Friday, May 6, providing an inordinately short response
time; followed by pleadings prepared for filing on May 11, 2022. It is apparent that no follow
up to find out if the undersigned was available to respond that week occurred.
8| 4. I did, however, on Saturday May 14, 2022 before actual receipt of the demurrer and
Q
pending motion to strike (which apparently had been mailed, not emailed, to the undersigned),
10| reach out to counsel, explaining my not being available during the 3 business days that
Ill encompassed his notice to respond. A copy ofthat response, asking for an opportunity to
12| speak to counsel, is attached as Exhibit 2. I have had absolutely no response to date to my
13| efforts at outreach.
14| 5. Since then, employing other counsel (Law Offices of Todd Rothbard), Defendant has
15| separately filed an eviction lawsuit, San Mateo County Superior Court case number 22-UDL-
16| 00387 on June 3, 2022, notwithstanding the pending action in the above-entitled matter
17| (seeking specific performance and declaratory relief over alleged breach of contract actions by
18| the lessor) arising out of the facts and circumstances of the lease dispute between the same
19| parties over the same lease agreement. Plaintiffs hereby request that the court takejudicial
201 notice of saideviction lawsuit Complaint filed in this court.
21| I declare underpenalty ofperjury underthe laws ofthe State of Californiathat the
22| foregoing is true and correct and that this declaration was executed on June 13. 2022 at Los
231 Altos, California. ^
24| By: /^^r^
251 Harry I. Price, Esq.
Attorneys for Plaintiffs
261
27|
s^ SAFARI KID v. BJJF, et al ~ Case No. 22-CIV-01362
I LAW FIRM I
Motion to Strike Opposition: Declaration of Harry I. Price Re: Disengenuous Meet and Confer
EXHBIT 1
Subject: Re: BJJF LLCv. SAFARI KIDS, File: N3616
Date: Monday, April 25, 2022 at 1:15:08PM PacificDaylight Time
From: Harry Price
To: Brian Skarbek
ec: Law Offices ofTodd Rothbard, Michael Johnston
Attachments: imageOOl. png
Thank you, Brian.
Please let meknow whichattorney will befiling responsive pleadings in the action I filed. Of
course, I believe that it is inadvisable to initiate a U. D. action at this time, until a final
disposition of thepending litigation.
Thank you/
Harry I. Price
Price Law Firm
40 Main Street
Los Altos, CA 94022-2902
Tel: 650-949-0840
Fax; 650-949-0844
E-mail: harry@priceslaw. com
Website: www. PricesLaw. com
Directions: httgg;//j^^^go2gle. com/maps/place/40+Main+St. +Los+Altos, +CA+94022/(a). 1718nq8?A-122. 1170642.
data=!3ml!4bl!4m5. '3m4!ls0x808fb0ee8a5c788d:0xc88e68085afbl492!8m2!3d37. 3809826!4d-122. 11487.[5,5
IMP^RIANT^OTIC^ ne mformcltion tmnsmitt<'dis intended only
forthe personorentityto which it is addressed and
may contain
confidentialand!orprivilegedmaterial. Anyreview,retransmission, dissemination orotheruseof,ortakingofanyactioninreliance
uponthisinformationbypersonsorentitiesotherthantheintendedrecipientisprohibited. Ifyoureceived"thisinerror,pleasecontactthe
senderanddeletethematerialfromyoiir computer.
From: Brian Skarbek
Date: Friday, April 15, 2022 at 1:29 PM
To: "Harry@priceslaw. com"
Page 1 of 2
Cc: Law Offices ofTodd Rothbard , Michael Johnston
Subject: BJJF LLCv. SAFARI KIDS, File: N3616
Harry,
Michael Johnston sent me the complaint that you filed in this matter. My firm drafted the
notice oftermination andwill behandling the UDmatter. Michael let me know thatyour
client hasrequested anaccounting. I am attaching thatherefor you.
Please Reply All
Brian Skarbek
Attorney At Law
Law Offices of Todd Rothbard
100 Saratoga Avenue, Suite 200
Santa Clara, California 95051
Tel: 408-244-4200
Fax: 408-244-4267
Email: Brian@ToddRothbardLaw. com
Thisemailisa private communication. Thistransmission andallenclosures area private
communication sentbya lawfirm andmaybeconfidential orprotected byprivilege. Ifyou
arenottheintended recipient/ you areherebynotijfied thatanydisclosure, copying
distribution or useofinformation contained inor included with this email is strictly
prohibited. Pleasenotify the sender ofthe delivery error by replying to this email. Thank you.
Page 2 of 2
EXHBIT 2
Subject: Re:SafariKidv. BJJF,LLC- Meet and Confer- Demurrerand Motion Strike
Date: Saturday, May 14, 2022 at 6:29:05PM PacificDaylightTime
From: Harry Price
To: Michael Johnston
ec: Brian Skarbek, Law Offices ofTodd Rothbard
Priority: High
Attachments: imageOOl.png
Hi Mr. Johnston,
Thank you for your letter, received while I was out of the area.
I shallbereturning to my office onWednesday, and canspeak to you then atyour
convenience; and reply substantively to you thereafter. You provided a very short window
for a reply, butatfirst glance, theissues you raise appear to me to bemore strategic than
substantive.
Additionally, I have heard from another attorney for your client, copied here/ who
claimsthathewillbe"handlingtheUDmatter. " Asyoucantellbymyclients'Complaint, we
wishtoavoidanyseparatefilingofevictionproceedings- andtothatend,I requestthatyour
client refrain from any such separate filing of eviction proceedings pending the resolution of
theabove-entitledmatter. Therentalpaymentsarenotmerelycurrent/ butareoverpaidgiven
the dispute between the pardes.
Please let me know a convenient time to speak on Wednesday.
Thank you,
Harry I. Price
Price Law Firm
40 Main Street
Los Altos, CA 94022-2902
Tel: 650-949-0840
Fax: 650-949-0844
E-mail: harry@priceslaw. com
Website: www. PricesLaw. com
Directions: htt^//^vww_google^com/maps/_]2la£e/40+Main+St, +Los+Altos, +CA+94022/@37. 3809826, -122. 1170642, lZz/_
Page 1 of 2
data=!3ml!4bl!4m5!3m4!]sOx808fbOee8a5c788d:Oxc88e68085afbl492!8m2!3d37. 380982A!4ri-177 1148755
IMPORTANTNOTICE: Theinformationtransmittedisintendedonlyforthepersonorentitytowhichitisaddressedandmaycontain
confidentialand/orprivilegedmaterial. Anyreview,retransmission, disseminationorotheruseof.or takingofanyactioninreliance
uponthisinformationbypersonsorentitiesotherthantheintendedrecipientisprohibited. Ifyoureceivedthisinerror,pleasecontactthe
sender and delete the material from yoiir computer.
From: Michael Johnston
Date: Friday, May 6, 2022 at 1:02 PM
To: "harry@priceslaw.com"
Subject: Safari Kid v. BJJF, LLC- Meet and Confer - Demurrer and Motion Strike
Attn: Harry Price
Price Law Firm
40 Main Street
Los Altos, CA 94022
T: 650-949-0840
E: harrv(5)priceslaw. com
Safari Kid. et al. vs. BJJF. LLC
San Mateo County Superior Case No. 22-CIV-01362
Dear Mr. Price,
Attached please find a copy of my demurrer and motion to strike "meet & confer, " letter (3 pages) to you dated
today.
Please contact me if you have any questions.
Sincerely,
Michael C. Johnston
Law Offices of Michael C. Johnston
P. O. Box 450
San Mateo, CA 94401
T: 650-343-5050
E: JohnstonLaw@OutLook. com
Page 2 of 2
Preview
Harry I. Price, Esq, Bar No. 077817 Price Law Firm 40 Main Street Los Altos, CA 94022 Phone: (650) 949-0840 Fax: (650) 949-0844 Email: harry@priceslaw.com Attorneys for Plaintiffs / SUPERIOR COURT OF THE STATE OF CALIFORNIA 81 COUNTY OF SAN MATEO 9| 10| SS and AR, LLC, a California Limited Liability Case No. 22-CIV-01362 Company, and Sudhir Mathur and Shanu Mathur, Ill individually and dba Safari Kid, Motion to Strike opposition: DECLARATION OF HARRY I. PRICE RE: 12| Plaintiffs, DISENGENUOUS MEET AND CONFER; 13| andREQUESTFORJUDICIALNOTICE V. 14| BJJF,LLC, a CaliforniaLimited Liability Date: June 29, 2022 15| Company, and DOES 1 through 10, inclusive, Time: 2:00 p. m. Dept. : 2 16| Defendants. Judge: Hon. Marie S. Weiner 17| 18| I, Hany I. Price, declare as follows: 19| 1. I am an attorney admitted to practice in the State of California and a partner with the 20| Price LawFirm, the attorneys ofrecord for Plaintiffs SS and AR, LLC, a CaliforniaLimited 21| Liability Company, and Sudhir Mathur and Shanu Mathur, individually and dba Safari Kid, 221 (hereinafter collectively "SAFARIKID")in the above-entitled case. I am familiarwith the 231 facts contained herein, and if called as a witness, I could testify competently thereto. 24| 2. My clients, as commercial lessees, had received conflicting information from two sets of 251 attorneys for the lessor, Defendant BJJF, LLC, a California Limited Liability Company 26| ("BJJF"). When my client recently received notices to quit, despite the pending action, on 27| April 25, 2022, prior to said Defendant's counsel filing any appearance, let alone the pending BH I LAW FIRM I SAFARI KID v. BJJF, et al ~ Case No. 22-CIV-01362 Motion to Strike Opposition: Declaration of Harry I. Price Re: Disengenuous Meet and Confer motion to strike, I reached out to both sets of attorneys inquiring as to who would be representing the Defendant lessor in the above-entitled action. A copy of said email dated April 25, 2022 is attached as Exhibit 1. Neither attorney responded at that time. 3. I have read the declaration about meet and confer efforts filed by counsel for Defendants. Note the timing - the email sent on a Friday, May 6, providing an inordinately short response time; followed by pleadings prepared for filing on May 11, 2022. It is apparent that no follow up to find out if the undersigned was available to respond that week occurred. 8| 4. I did, however, on Saturday May 14, 2022 before actual receipt of the demurrer and Q pending motion to strike (which apparently had been mailed, not emailed, to the undersigned), 10| reach out to counsel, explaining my not being available during the 3 business days that Ill encompassed his notice to respond. A copy ofthat response, asking for an opportunity to 12| speak to counsel, is attached as Exhibit 2. I have had absolutely no response to date to my 13| efforts at outreach. 14| 5. Since then, employing other counsel (Law Offices of Todd Rothbard), Defendant has 15| separately filed an eviction lawsuit, San Mateo County Superior Court case number 22-UDL- 16| 00387 on June 3, 2022, notwithstanding the pending action in the above-entitled matter 17| (seeking specific performance and declaratory relief over alleged breach of contract actions by 18| the lessor) arising out of the facts and circumstances of the lease dispute between the same 19| parties over the same lease agreement. Plaintiffs hereby request that the court takejudicial 201 notice of saideviction lawsuit Complaint filed in this court. 21| I declare underpenalty ofperjury underthe laws ofthe State of Californiathat the 22| foregoing is true and correct and that this declaration was executed on June 13. 2022 at Los 231 Altos, California. ^ 24| By: /^^r^ 251 Harry I. Price, Esq. Attorneys for Plaintiffs 261 27| s^ SAFARI KID v. BJJF, et al ~ Case No. 22-CIV-01362 I LAW FIRM I Motion to Strike Opposition: Declaration of Harry I. Price Re: Disengenuous Meet and Confer EXHBIT 1 Subject: Re: BJJF LLCv. SAFARI KIDS, File: N3616 Date: Monday, April 25, 2022 at 1:15:08PM PacificDaylight Time From: Harry Price To: Brian Skarbek ec: Law Offices ofTodd Rothbard, Michael Johnston Attachments: imageOOl. png Thank you, Brian. Please let meknow whichattorney will befiling responsive pleadings in the action I filed. Of course, I believe that it is inadvisable to initiate a U. D. action at this time, until a final disposition of thepending litigation. Thank you/ Harry I. Price Price Law Firm 40 Main Street Los Altos, CA 94022-2902 Tel: 650-949-0840 Fax; 650-949-0844 E-mail: harry@priceslaw. com Website: www. PricesLaw. com Directions: httgg;//j^^^go2gle. com/maps/place/40+Main+St. +Los+Altos, +CA+94022/(a). 1718nq8?A-122. 1170642. data=!3ml!4bl!4m5. '3m4!ls0x808fb0ee8a5c788d:0xc88e68085afbl492!8m2!3d37. 3809826!4d-122. 11487.[5,5 IMP^RIANT^OTIC^ ne mformcltion tmnsmitt<'dis intended only forthe personorentityto which it is addressed and may contain confidentialand!orprivilegedmaterial. Anyreview,retransmission, dissemination orotheruseof,ortakingofanyactioninreliance uponthisinformationbypersonsorentitiesotherthantheintendedrecipientisprohibited. Ifyoureceived"thisinerror,pleasecontactthe senderanddeletethematerialfromyoiir computer. From: Brian Skarbek Date: Friday, April 15, 2022 at 1:29 PM To: "Harry@priceslaw. com" Page 1 of 2 Cc: Law Offices ofTodd Rothbard , Michael Johnston Subject: BJJF LLCv. SAFARI KIDS, File: N3616 Harry, Michael Johnston sent me the complaint that you filed in this matter. My firm drafted the notice oftermination andwill behandling the UDmatter. Michael let me know thatyour client hasrequested anaccounting. I am attaching thatherefor you. Please Reply All Brian Skarbek Attorney At Law Law Offices of Todd Rothbard 100 Saratoga Avenue, Suite 200 Santa Clara, California 95051 Tel: 408-244-4200 Fax: 408-244-4267 Email: Brian@ToddRothbardLaw. com Thisemailisa private communication. Thistransmission andallenclosures area private communication sentbya lawfirm andmaybeconfidential orprotected byprivilege. Ifyou arenottheintended recipient/ you areherebynotijfied thatanydisclosure, copying distribution or useofinformation contained inor included with this email is strictly prohibited. Pleasenotify the sender ofthe delivery error by replying to this email. Thank you. Page 2 of 2 EXHBIT 2 Subject: Re:SafariKidv. BJJF,LLC- Meet and Confer- Demurrerand Motion Strike Date: Saturday, May 14, 2022 at 6:29:05PM PacificDaylightTime From: Harry Price To: Michael Johnston ec: Brian Skarbek, Law Offices ofTodd Rothbard Priority: High Attachments: imageOOl.png Hi Mr. Johnston, Thank you for your letter, received while I was out of the area. I shallbereturning to my office onWednesday, and canspeak to you then atyour convenience; and reply substantively to you thereafter. You provided a very short window for a reply, butatfirst glance, theissues you raise appear to me to bemore strategic than substantive. Additionally, I have heard from another attorney for your client, copied here/ who claimsthathewillbe"handlingtheUDmatter. " Asyoucantellbymyclients'Complaint, we wishtoavoidanyseparatefilingofevictionproceedings- andtothatend,I requestthatyour client refrain from any such separate filing of eviction proceedings pending the resolution of theabove-entitledmatter. Therentalpaymentsarenotmerelycurrent/ butareoverpaidgiven the dispute between the pardes. Please let me know a convenient time to speak on Wednesday. Thank you, Harry I. Price Price Law Firm 40 Main Street Los Altos, CA 94022-2902 Tel: 650-949-0840 Fax: 650-949-0844 E-mail: harry@priceslaw. com Website: www. PricesLaw. com Directions: htt^//^vww_google^com/maps/_]2la£e/40+Main+St, +Los+Altos, +CA+94022/@37. 3809826, -122. 1170642, lZz/_ Page 1 of 2 data=!3ml!4bl!4m5!3m4!]sOx808fbOee8a5c788d:Oxc88e68085afbl492!8m2!3d37. 380982A!4ri-177 1148755 IMPORTANTNOTICE: Theinformationtransmittedisintendedonlyforthepersonorentitytowhichitisaddressedandmaycontain confidentialand/orprivilegedmaterial. Anyreview,retransmission, disseminationorotheruseof.or takingofanyactioninreliance uponthisinformationbypersonsorentitiesotherthantheintendedrecipientisprohibited. Ifyoureceivedthisinerror,pleasecontactthe sender and delete the material from yoiir computer. From: Michael Johnston Date: Friday, May 6, 2022 at 1:02 PM To: "harry@priceslaw.com" Subject: Safari Kid v. BJJF, LLC- Meet and Confer - Demurrer and Motion Strike Attn: Harry Price Price Law Firm 40 Main Street Los Altos, CA 94022 T: 650-949-0840 E: harrv(5)priceslaw. com Safari Kid. et al. vs. BJJF. LLC San Mateo County Superior Case No. 22-CIV-01362 Dear Mr. Price, Attached please find a copy of my demurrer and motion to strike "meet & confer, " letter (3 pages) to you dated today. Please contact me if you have any questions. Sincerely, Michael C. Johnston Law Offices of Michael C. Johnston P. O. Box 450 San Mateo, CA 94401 T: 650-343-5050 E: JohnstonLaw@OutLook. com Page 2 of 2