Preview
Electranica ll?
by Superlur Cw rt 5f California. (Ia-u nty
San Mateo
I:If
ON
6/30/2022
MARK s. ROSEN ’5’
(SEN 72431) BF
P3331?“
Attorney at Law
23"281 Las Ramblas, Ste. 200
Mission Viejo, California 92691
U1-T-“nL4-3N
Telephone (714) 285-9838
Mobile (714) 319—5029
Email: marksrosen@aol.com
Attorney for Contestant Webster Lincoln
SUPERIOR COURT OF THE STATE OF CALIFORNIA
[0
FOR THE COUNTY OF SAN MATEO
11
12
WEB STER LINCOLN, Case Nan: 20CIV05468
13
(Assigned to Judge Chou, Dept. 22)
Contestant,
14 V'
i DECLARATION OF WEBSTER LINCOLN
IN OPPOSITION TO MOTION FOR
ANTONIO LOPEZ; WALFRED SOLORZANO, 3 ATTORNEYS FEES
East Pale Alto City Clerk; DOES 1—10, inclusive, )
DATE: July 28, 2022
Defendants. g TIME: 10:00 a.m.
J DEPT: 22
)
)
Contestant Webster Lincoln submits this declaration 'm opposition to the motion for attorneys
fees:
DECLARATION 0F WEBSTER LINCOLN
1,Webster Lincoln, deciare as follows:
1. I am the contestant in this case. I have personal knowledge of the facts set forth herein
and, if called as a witness, could testify competently thereto.
2. My name is Webster Lincoln and I was 33 years old at the time I led this election
contest. I am an African-American and I grew up in East Pale Alto. I come from a military family
n 1
_
DECLARATION OF WEBSTER LINCOLN
with deep roots in East Palo Alto. My grandfather is a minister at St John Missionaly Baptist Church.
My grandmother was the general manager at the Palo Alto Park Mutual Water Company for many
years, and currently serves on the board. My mother is the current genera] manager and also serves on
the board. I am a graduate of San Jose State University where I also attended graduate school, and
studied psychology, chemistry and biological science. I currently work as a Data Scientist at
Genentech where I help support articial intelligence and machine learning projects that help
physicians match patients with effective therapies.
3. My wife is from Colombia. We were married in 2019. We do not have children yet,
mostly because I’ve been trying to help my wife get established here in America. She is in
community college taking English as a second language (ESL) courses. I taught her how to drive and
now she is working at a senior assisted-living facility in Palo Alto as a care giver. Her family is very
poor. Her mother passed away l2 years ago in Venezuela and her father passed away from COVID
in June 2020. She only has two younger siblings who I help support in Colombia. I have helped pay
for their education and basic needs since their father passed away. My wife will be getting her
citizenship next year.
4. I do not have a lot of resources. Any award would have devastating consequences for me,
my family, and those who l support.
5. The 2020 election was my rst time running for public ofce. Isaw running for ofce as
a way for me to give back to my community through public service. I was not supported by any
organized group or any financial interests. I have no backers who will pay any judgment against me.
6. My ultimate decision to le the election contest was based on an electioneering complaint
that was received by San Mateo County Elections officials on the election, along with concerns and
complaints from voters in East Palo Alto. I believed it was best to have the courts decide if the will of
East Palo Alto voters had been thwarted by improper campaigning regardless of the intent.
7. I am not opposed to drop boxes or maihin voting or other means of making it easier to
vote. I have been a Democrat my whole life and I believe in expanding access to voting and
increasing voter participation. I thought the tactics that Antonio Lopez used were abusing the changes
that made voting easier and that his tactics would provide an example for people who oppose easier
ts)
m
..
2...
DECLARATION OF WEBSTER LINCOLN
voting. My motivation for ling this petition was to make sure that the concerns I heard from East
Palo Alto voters were addressed.
8. As I mentioned, my wife is from Colombia. I have respect for Latin-American culture.
I’ve spent a lot of time in Latin America learning about Latin-American histoxy. I know from
eXperience what many people go through when people come to America from their native countries. I
was personally disturbed by the efforts of opposing council to paint me as a racist and anti-Latino
during the trial and in subsequent statements made to the media acr the trial, which is far 'om the
truth.
9. l didn’t stand to personally benet in any way 'om the outcome of this petition, as it
would not have resulted in me being elected to city council (the ofce would have been declared
nu
vacant as specied by the Elections Code and the incumbent council could have lled the vacancy).
I declare under penalty ofperjury the foregoing is true and correct. Executed this Z? day
u—nn—a—
of June, 2022, at Bast Palo Alto, California.
gnsren
LIN/0w
_.
3_
DECLARATION 0F WEBSTER LINCOLN
I
I
I
I
PROOF OF SERVICE
OMNGE
I
I
STATE OF CALIFORNIA, COTJNTY OF I
2
At the time ofservice I was over 18 years ofage and not a party to this action. My business address is I
3 27281 Las Ramblas, Suite 200, Mission Viejo CA 92691.
I
4 On lune 30,2022. I served the following documents: DECLARATION OF WEBSTERLINCOLN IN I
oPPOSrrroN TO MOTTON FOR ATTORNEYS FEES I
5 I
I served the documents on the person(s) below as follows:
I
6 I
.,
San Mateo Superior Court, Department 22 |
Email: Dept22@sanmateocourt.org
I
8
Ann Ravel, Esq. Attomey for Defendant
Esq.. Lopez
I
Tyler Atkinson. Antonio
9
Faulkner
I
McManis I
l0 50 W. San Femando Street, 10ft Floor I
San Jose CA 95113 Email: aravel@mcmanislaw.com tatkinson@mcmanislaw.com
ll I
Rafael E. Alvarado, Jr. Attomey for Defendant
City Clerk Solorzano
I
t2 City of East Palo Alto Walfred I
2415 University Avenue,2m Floor I
13
East Palo AIto CA 94303 Email: ralvarado@cityofepa.org
T4 I
Benjamin P. Fay, Esq. Attomey for Defendant
LLP Solozano
I
l5 Jarvis, Fay & Gibson, Walfred I
555 l2s Street, Suite 1630
CA94607 bfay@jarvisfay.com-
|
t6 Oakland, Email: |
I
t7 The documents were served by the following means (specifl):
I
l8 ( ) BY MAIL: I enclosed the documents in a sealed envelope or package addressed to the addressee I
above and (speci! one): ( ) deposited the sealed envelope with the United States Postal Service with postage full5f
l9 prepaid; or ( for collection and mailing, following our ordinary practice for
) placed the envelope business I
20 collection and processing correspondence for mailing. On the same day tlat correspondence is placed for collectiofr
and mailing, it is deposited in the ordinary course ofbusiness with the United States Postal Service, in a sealed I
2l envelope with postage fully prepared. I am a resident or employed in the county where the mailing occuned. Thel
envelope or package was placed in the mail at Mission Vieio, Califomia.
22 I
(X ) BY EMAIL: electronic service: I electronically served t}re documents to the addressee listed above I
23 at the addressee's email address listed above
I
24 I declare under penalty ofperjury under the laws ofthe State of Califomia that the foregoing is true and I
correct. Executed thisJune 30,2022, at Mission Vj&iQ.California.
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26 P.r-tFn
PArrrF, r-rMoN |
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Preview
Electranica ll? by Superlur Cw rt 5f California. (Ia-u nty San Mateo I:If ON 6/30/2022 MARK s. ROSEN ’5’ (SEN 72431) BF P3331?“ Attorney at Law 23"281 Las Ramblas, Ste. 200 Mission Viejo, California 92691 U1-T-“nL4-3N Telephone (714) 285-9838 Mobile (714) 319—5029 Email: marksrosen@aol.com Attorney for Contestant Webster Lincoln SUPERIOR COURT OF THE STATE OF CALIFORNIA [0 FOR THE COUNTY OF SAN MATEO 11 12 WEB STER LINCOLN, Case Nan: 20CIV05468 13 (Assigned to Judge Chou, Dept. 22) Contestant, 14 V' i DECLARATION OF WEBSTER LINCOLN IN OPPOSITION TO MOTION FOR ANTONIO LOPEZ; WALFRED SOLORZANO, 3 ATTORNEYS FEES East Pale Alto City Clerk; DOES 1—10, inclusive, ) DATE: July 28, 2022 Defendants. g TIME: 10:00 a.m. J DEPT: 22 ) ) Contestant Webster Lincoln submits this declaration 'm opposition to the motion for attorneys fees: DECLARATION 0F WEBSTER LINCOLN 1,Webster Lincoln, deciare as follows: 1. I am the contestant in this case. I have personal knowledge of the facts set forth herein and, if called as a witness, could testify competently thereto. 2. My name is Webster Lincoln and I was 33 years old at the time I led this election contest. I am an African-American and I grew up in East Pale Alto. I come from a military family n 1 _ DECLARATION OF WEBSTER LINCOLN with deep roots in East Palo Alto. My grandfather is a minister at St John Missionaly Baptist Church. My grandmother was the general manager at the Palo Alto Park Mutual Water Company for many years, and currently serves on the board. My mother is the current genera] manager and also serves on the board. I am a graduate of San Jose State University where I also attended graduate school, and studied psychology, chemistry and biological science. I currently work as a Data Scientist at Genentech where I help support articial intelligence and machine learning projects that help physicians match patients with effective therapies. 3. My wife is from Colombia. We were married in 2019. We do not have children yet, mostly because I’ve been trying to help my wife get established here in America. She is in community college taking English as a second language (ESL) courses. I taught her how to drive and now she is working at a senior assisted-living facility in Palo Alto as a care giver. Her family is very poor. Her mother passed away l2 years ago in Venezuela and her father passed away from COVID in June 2020. She only has two younger siblings who I help support in Colombia. I have helped pay for their education and basic needs since their father passed away. My wife will be getting her citizenship next year. 4. I do not have a lot of resources. Any award would have devastating consequences for me, my family, and those who l support. 5. The 2020 election was my rst time running for public ofce. Isaw running for ofce as a way for me to give back to my community through public service. I was not supported by any organized group or any financial interests. I have no backers who will pay any judgment against me. 6. My ultimate decision to le the election contest was based on an electioneering complaint that was received by San Mateo County Elections officials on the election, along with concerns and complaints from voters in East Palo Alto. I believed it was best to have the courts decide if the will of East Palo Alto voters had been thwarted by improper campaigning regardless of the intent. 7. I am not opposed to drop boxes or maihin voting or other means of making it easier to vote. I have been a Democrat my whole life and I believe in expanding access to voting and increasing voter participation. I thought the tactics that Antonio Lopez used were abusing the changes that made voting easier and that his tactics would provide an example for people who oppose easier ts) m .. 2... DECLARATION OF WEBSTER LINCOLN voting. My motivation for ling this petition was to make sure that the concerns I heard from East Palo Alto voters were addressed. 8. As I mentioned, my wife is from Colombia. I have respect for Latin-American culture. I’ve spent a lot of time in Latin America learning about Latin-American histoxy. I know from eXperience what many people go through when people come to America from their native countries. I was personally disturbed by the efforts of opposing council to paint me as a racist and anti-Latino during the trial and in subsequent statements made to the media acr the trial, which is far 'om the truth. 9. l didn’t stand to personally benet in any way 'om the outcome of this petition, as it would not have resulted in me being elected to city council (the ofce would have been declared nu vacant as specied by the Elections Code and the incumbent council could have lled the vacancy). I declare under penalty ofperjury the foregoing is true and correct. Executed this Z? day u—nn—a— of June, 2022, at Bast Palo Alto, California. gnsren LIN/0w _. 3_ DECLARATION 0F WEBSTER LINCOLN I I I I PROOF OF SERVICE OMNGE I I STATE OF CALIFORNIA, COTJNTY OF I 2 At the time ofservice I was over 18 years ofage and not a party to this action. My business address is I 3 27281 Las Ramblas, Suite 200, Mission Viejo CA 92691. I 4 On lune 30,2022. I served the following documents: DECLARATION OF WEBSTERLINCOLN IN I oPPOSrrroN TO MOTTON FOR ATTORNEYS FEES I 5 I I served the documents on the person(s) below as follows: I 6 I ., San Mateo Superior Court, Department 22 | Email: Dept22@sanmateocourt.org I 8 Ann Ravel, Esq. Attomey for Defendant Esq.. Lopez I Tyler Atkinson. Antonio 9 Faulkner I McManis I l0 50 W. San Femando Street, 10ft Floor I San Jose CA 95113 Email: aravel@mcmanislaw.com tatkinson@mcmanislaw.com ll I Rafael E. Alvarado, Jr. Attomey for Defendant City Clerk Solorzano I t2 City of East Palo Alto Walfred I 2415 University Avenue,2m Floor I 13 East Palo AIto CA 94303 Email: ralvarado@cityofepa.org T4 I Benjamin P. Fay, Esq. Attomey for Defendant LLP Solozano I l5 Jarvis, Fay & Gibson, Walfred I 555 l2s Street, Suite 1630 CA94607 bfay@jarvisfay.com- | t6 Oakland, Email: | I t7 The documents were served by the following means (specifl): I l8 ( ) BY MAIL: I enclosed the documents in a sealed envelope or package addressed to the addressee I above and (speci! one): ( ) deposited the sealed envelope with the United States Postal Service with postage full5f l9 prepaid; or ( for collection and mailing, following our ordinary practice for ) placed the envelope business I 20 collection and processing correspondence for mailing. On the same day tlat correspondence is placed for collectiofr and mailing, it is deposited in the ordinary course ofbusiness with the United States Postal Service, in a sealed I 2l envelope with postage fully prepared. I am a resident or employed in the county where the mailing occuned. Thel envelope or package was placed in the mail at Mission Vieio, Califomia. 22 I (X ) BY EMAIL: electronic service: I electronically served t}re documents to the addressee listed above I 23 at the addressee's email address listed above I 24 I declare under penalty ofperjury under the laws ofthe State of Califomia that the foregoing is true and I correct. Executed thisJune 30,2022, at Mission Vj&iQ.California. . n . -- frt,''nus- 25 | 26 P.r-tFn PArrrF, r-rMoN | 27 I I I 28 I I I I I