On August 17, 2021 a
Motion-Secondary
was filed
involving a dispute between
Leet, William Carlos,
Ryan, Jeffrey F.,
and
Does 1-10,
Leet, William Carlos,
for (06) Unlimited Breach of Contract/Warranty
in the District Court of San Mateo County.
Preview
1 WILLIAM A. LAPCEVIC (SBN 238893) 11/19/2021
JUSTIN S. DRAA (SBN 253688)
2 DIBENEDETTO LAPCEVIC & DRAA, LLP
1101 Pacific Avenue, Suite 320
3
Santa Cruz, California 95060
4 Tel.: (831) 325-2674
Fax: (831) 477-7617
5 Email: wal@dld-law.com
Email: jdraa@dld-law.com
6
Attorneys for Plaintiff JEFFREY F. RYAN
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SAN MATEO
10
11 JEFFREY F. RYAN, Case No. 21-CIV-04391
12 Plaintiff, DECLARATION OF WILLIAM A.
vs. LAPCEVIC IN SUPPORT OF
13
DEMURRER TO VERIFIED CROSS-
14 WILLIAM CARLOS LEET, an individual; COMPLAINT
and DOES 1-10.
15 (C.C.P. §430.41, subd. (a).)
Defendants.
16 Date: February 8, 2022 02/15/2022
17 Time: 2:00 P.M.
Dept.: 4
18 AND RELATED CROSS ACTION
Assigned for All Purposes to Hon. Nancy L.
19 Fineman, Dept. 4
20 (Notice of Demurrer, Demurrer, and
21 Memorandum of Points and Authorities filed
Separately and Concurrently)
22
23 I, WILLIAM A. LAPCEVIC, declare that I am an attorney duly admitted to practice before
24 the Courts of this State, and that if called as a witness I could, and would, competently testify that:
25 1. I am counsel of record for Plaintiff and Cross-Defendant JEFFREY F. RYAN in the
26 above-entitled action, and I make this declaration in compliance with Code of Civil Procedure
27
28 CASE NO. 21-CIV-04391
DECLARATION OF WILLIAM A. LAPCEVIC IN SUPPORT OF DEMURRER TO VERIFIED CROSS-
COMPLAINT
Page 1 of 2
1 Section 430.41, subdivision (a).
2 2. On October 4, 2021, I sent by way of electronic mail a 5-page letter to Defendant
3 and Cross-Complainant WILLIAM CARLOS LEET, an attorney appearing pro se, and his associate
4 counsel, Peter Del Vecchio, the factual reasons, with supporting legal authority, for the contentions
5 of my client and myself that the Verified Cross-Complaint filed in this action by Mr. Leet was
6 strongly subject to demurrer as to all causes of action, and a motion to strike with respect to his
7 prayer for punitive damages. I received a responsive email advising me that my October 4 letter
8 would be considered.
9 3. On October 12, 2021, I served and filed with the Court my “Declaration of
10 Demurring or Moving Party in Support of Automatic Extension” (Judicial Council from CIV-141),
11 to which was attached as “Exhibit A” a true copy of the October 4, 2021, letter. As noted, that
12 Declaration with Exhibit A was served on Defendant and Cross-Complaint WILLIAM CARLOS
13 LEET and his associate counsel, Peter Del Vecchio.
14 4. On November 18, 2021, I met and conferred with counsel for Defendant and Cross-
15 Complainant regarding this motion to strike punitive damages.
16 Executed this 19th day of November 2021, at Sacramento, California.
17 I certify and declare under penalty of perjury under the laws of the State of California that
18 the foregoing is true and correct.
19
20
WILLIAM A. LAPCEVIC
21
22
23
24
25
26
27
28 CASE NO. 21-CIV-04391
DECLARATION OF WILLIAM A. LAPCEVIC IN SUPPORT OF DEMURRER TO VERIFIED CROSS-
COMPLAINT
Page 2 of 2
Document Filed Date
November 19, 2021
Case Filing Date
August 17, 2021
Category
(06) Unlimited Breach of Contract/Warranty
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1 WILLIAM A. LAPCEVIC (SBN 238893) 11/19/2021 JUSTIN S. DRAA (SBN 253688) 2 DIBENEDETTO LAPCEVIC & DRAA, LLP 1101 Pacific Avenue, Suite 320 3 Santa Cruz, California 95060 4 Tel.: (831) 325-2674 Fax: (831) 477-7617 5 Email: wal@dld-law.com Email: jdraa@dld-law.com 6 Attorneys for Plaintiff JEFFREY F. RYAN 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SAN MATEO 10 11 JEFFREY F. RYAN, Case No. 21-CIV-04391 12 Plaintiff, DECLARATION OF WILLIAM A. vs. LAPCEVIC IN SUPPORT OF 13 DEMURRER TO VERIFIED CROSS- 14 WILLIAM CARLOS LEET, an individual; COMPLAINT and DOES 1-10. 15 (C.C.P. §430.41, subd. (a).) Defendants. 16 Date: February 8, 2022 02/15/2022 17 Time: 2:00 P.M. Dept.: 4 18 AND RELATED CROSS ACTION Assigned for All Purposes to Hon. Nancy L. 19 Fineman, Dept. 4 20 (Notice of Demurrer, Demurrer, and 21 Memorandum of Points and Authorities filed Separately and Concurrently) 22 23 I, WILLIAM A. LAPCEVIC, declare that I am an attorney duly admitted to practice before 24 the Courts of this State, and that if called as a witness I could, and would, competently testify that: 25 1. I am counsel of record for Plaintiff and Cross-Defendant JEFFREY F. RYAN in the 26 above-entitled action, and I make this declaration in compliance with Code of Civil Procedure 27 28 CASE NO. 21-CIV-04391 DECLARATION OF WILLIAM A. LAPCEVIC IN SUPPORT OF DEMURRER TO VERIFIED CROSS- COMPLAINT Page 1 of 2 1 Section 430.41, subdivision (a). 2 2. On October 4, 2021, I sent by way of electronic mail a 5-page letter to Defendant 3 and Cross-Complainant WILLIAM CARLOS LEET, an attorney appearing pro se, and his associate 4 counsel, Peter Del Vecchio, the factual reasons, with supporting legal authority, for the contentions 5 of my client and myself that the Verified Cross-Complaint filed in this action by Mr. Leet was 6 strongly subject to demurrer as to all causes of action, and a motion to strike with respect to his 7 prayer for punitive damages. I received a responsive email advising me that my October 4 letter 8 would be considered. 9 3. On October 12, 2021, I served and filed with the Court my “Declaration of 10 Demurring or Moving Party in Support of Automatic Extension” (Judicial Council from CIV-141), 11 to which was attached as “Exhibit A” a true copy of the October 4, 2021, letter. As noted, that 12 Declaration with Exhibit A was served on Defendant and Cross-Complaint WILLIAM CARLOS 13 LEET and his associate counsel, Peter Del Vecchio. 14 4. On November 18, 2021, I met and conferred with counsel for Defendant and Cross- 15 Complainant regarding this motion to strike punitive damages. 16 Executed this 19th day of November 2021, at Sacramento, California. 17 I certify and declare under penalty of perjury under the laws of the State of California that 18 the foregoing is true and correct. 19 20 WILLIAM A. LAPCEVIC 21 22 23 24 25 26 27 28 CASE NO. 21-CIV-04391 DECLARATION OF WILLIAM A. LAPCEVIC IN SUPPORT OF DEMURRER TO VERIFIED CROSS- COMPLAINT Page 2 of 2