Preview
1 Timothy J. Halloran - 104498 8/11/2022
THalloran@mpbf.com
2 Tyra M. Mendez - 335522
Tmendez@mpbf.com
3 Adrian P. Sacharski – 325263
asacharski@mpbf.com
4 MURPHY, PEARSON, BRADLEY & FEENEY
580 California Street, Suite 1100
5 San Francisco, CA 94104-1001
Telephone: (415) 788-1900
6 Facsimile: (415) 393-8087
7 Attorneys for Defendant
JAMES S. KNOPF DBA LAW OFFICES OF
8 JAMES S. KNOPF
9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10
COUNTY OF SAN MATEO
11
12 524 UNION STREET, a California General Case No.: 18-CIV-00533
Partnership, and BEVERLY A. SMUCHA, an
13 individual, DECLARATION OF JAMES KNOPF IN
SUPPORT OF DEFENDANT'S
14 Plaintiffs, OPPOSITION TO PLAINTIFFS' MOTIPM
TO COMPEL AND FOR PROTECTIVE
15 v. ORDER
16 JAMES S. KNOPF, individually and dba Law Date: August 24, 2022
Offices of JAMES S. KNOPF, and DOES 1 Time: 2:00 p.m.
17 through 10, inclusive, Dept.: 2
18 Defendants. Judge: Hon. Marie S. Weiner
19
20 I, James Knopf, do hereby declare and state as follows:
21 1. I am a Defendant in this action. I make this Declaration in support of my opposition to
22 Plaintiffs Beverly Smucha and 524 Union Street’s (collectively referred to as “Plaintiffs”) Motion to
23 Compel and for Protective Order. The following facts are known to me to be true of my own personal
24 knowledge and, if called upon to do so, I could testify hereto competently.
25 2. I represented Plaintiffs in a matter wherein Plaintiffs were defendants in a lawsuit filed
26 against them by their former tenants for fraud and breach of contract (the “Underlying Action) wherein,
27 on information and belief, Plaintiffs were initially held liable for over one million dollars in punitive
28 damages.
-1-
DECLARATION OF JAMES KNOPF IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTINO
TO COMPEL
1 3. Prior to trial, the attorney-client relationship between Plaintiffs and myself broke down,
2 and the court granted my request to be relieved as counsel. Plaintiffs were then represented at trial in the
3 Underlying Action by Anne Draper.
4 4. When I was relieved as Plaintiffs’ counsel in the Underlying Action, I transferred my
5 entire client file to Ms. Draper in MBOX form so that she could prepare for trial. After Plaintiffs lost the
6 Underlying Action and their appeal thereof, they, through their attorney Ms. Draper, filed this lawsuit.
7 5. On December 1, 2021, Plaintiffs served Defendant with discovery, including requests for
8 production. In response to the Requests for Production I provided my attorneys with my entire client file
9 for the Underlying Action (over 49,000 pages of documents) in MBOX; the same format which I used
10 to transfer the underlying client file to Ms. Draper, which is the only way, which I am aware of, to
11 directly export large packages of emails from the Apple Mail App.
12 6. Plaintiffs were using Macintosh computers while I represented them in the Underlying
13 Action. Plaintiffs themselves utilized MBOX as a means of providing me with the emails required to
14 respond to discovery and litigate the Underlying Action.
15 I declare under penalty of perjury that the foregoing is true and correct. Executed at Santa Rosa,
16 California on this 11th day of August 2022.
17
18
19
20
21
22
23 APS.4375731.docx
24
25
26
27
28
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DECLARATION OF JAMES KNOPF IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTINO
TO COMPEL
1 CERTIFICATE OF SERVICE
2 I, Joan E. Soares, declare:
3 I am a citizen of the United States, am over the age of eighteen years, and am not a party to or
4 interested in the within entitled cause. My business address is 580 California Street, Suite 1100, San
5 Francisco, California 94104.
6 On August 11, 2022, I served the following document(s) on the parties in the within action:
7 DECLARATION OF JAMES KNOPF IN SUPPORT OF DEFENDANT'S OPPOSITION TO
PLAINTIFFS' MOTIPM TO COMPEL AND FOR PROTECTIVE ORDER
8
9 VIA E-MAIL: I attached the above-described document(s) to an e-mail message to
XX transmit the e-mail message to the person(s) at the e-mail address(es) listed below. My
10 email address is JSoares@mpbf.com.
11
Douglas N. Akay Attorney For Plaintiffs
12 Elsa Berry 524 UNION STREET & BEVERLY A.
Jessie Burgueno SMUCHA
13 Akay Law
90 New Montgomery St., Floor 09
14 San Francisco, CA 94105
E-mail: dnakay@akaylaw.com
15 eberry@akaylaw.com
jburgueno@akaylaw.com
16 Phone: (415) 362-2580
Fax: (415) 434-0882
17
James Knopf, Esq. Cross-Complainant in Pro Per
18 Law Offices of James S. Knopf
2000 Broadway Street
19 Redwood City, CA 94063
E-mail: jsk@knopflaw.com
20 Phone: (650) 627-9500
Fax: (650) 627-9595
21
22 I declare under penalty of perjury under the laws of the State of California that the foregoing is
23 a true and correct statement and that this Certificate was executed on August 11, 2022.
24
By
25 Joan E. Soares
26
27
28
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DECLARATION OF JAMES KNOPF IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTINO
TO COMPEL
Preview
1 Timothy J. Halloran - 104498 8/11/2022 THalloran@mpbf.com 2 Tyra M. Mendez - 335522 Tmendez@mpbf.com 3 Adrian P. Sacharski – 325263 asacharski@mpbf.com 4 MURPHY, PEARSON, BRADLEY & FEENEY 580 California Street, Suite 1100 5 San Francisco, CA 94104-1001 Telephone: (415) 788-1900 6 Facsimile: (415) 393-8087 7 Attorneys for Defendant JAMES S. KNOPF DBA LAW OFFICES OF 8 JAMES S. KNOPF 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN MATEO 11 12 524 UNION STREET, a California General Case No.: 18-CIV-00533 Partnership, and BEVERLY A. SMUCHA, an 13 individual, DECLARATION OF JAMES KNOPF IN SUPPORT OF DEFENDANT'S 14 Plaintiffs, OPPOSITION TO PLAINTIFFS' MOTIPM TO COMPEL AND FOR PROTECTIVE 15 v. ORDER 16 JAMES S. KNOPF, individually and dba Law Date: August 24, 2022 Offices of JAMES S. KNOPF, and DOES 1 Time: 2:00 p.m. 17 through 10, inclusive, Dept.: 2 18 Defendants. Judge: Hon. Marie S. Weiner 19 20 I, James Knopf, do hereby declare and state as follows: 21 1. I am a Defendant in this action. I make this Declaration in support of my opposition to 22 Plaintiffs Beverly Smucha and 524 Union Street’s (collectively referred to as “Plaintiffs”) Motion to 23 Compel and for Protective Order. The following facts are known to me to be true of my own personal 24 knowledge and, if called upon to do so, I could testify hereto competently. 25 2. I represented Plaintiffs in a matter wherein Plaintiffs were defendants in a lawsuit filed 26 against them by their former tenants for fraud and breach of contract (the “Underlying Action) wherein, 27 on information and belief, Plaintiffs were initially held liable for over one million dollars in punitive 28 damages. -1- DECLARATION OF JAMES KNOPF IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTINO TO COMPEL 1 3. Prior to trial, the attorney-client relationship between Plaintiffs and myself broke down, 2 and the court granted my request to be relieved as counsel. Plaintiffs were then represented at trial in the 3 Underlying Action by Anne Draper. 4 4. When I was relieved as Plaintiffs’ counsel in the Underlying Action, I transferred my 5 entire client file to Ms. Draper in MBOX form so that she could prepare for trial. After Plaintiffs lost the 6 Underlying Action and their appeal thereof, they, through their attorney Ms. Draper, filed this lawsuit. 7 5. On December 1, 2021, Plaintiffs served Defendant with discovery, including requests for 8 production. In response to the Requests for Production I provided my attorneys with my entire client file 9 for the Underlying Action (over 49,000 pages of documents) in MBOX; the same format which I used 10 to transfer the underlying client file to Ms. Draper, which is the only way, which I am aware of, to 11 directly export large packages of emails from the Apple Mail App. 12 6. Plaintiffs were using Macintosh computers while I represented them in the Underlying 13 Action. Plaintiffs themselves utilized MBOX as a means of providing me with the emails required to 14 respond to discovery and litigate the Underlying Action. 15 I declare under penalty of perjury that the foregoing is true and correct. Executed at Santa Rosa, 16 California on this 11th day of August 2022. 17 18 19 20 21 22 23 APS.4375731.docx 24 25 26 27 28 -2- DECLARATION OF JAMES KNOPF IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTINO TO COMPEL 1 CERTIFICATE OF SERVICE 2 I, Joan E. Soares, declare: 3 I am a citizen of the United States, am over the age of eighteen years, and am not a party to or 4 interested in the within entitled cause. My business address is 580 California Street, Suite 1100, San 5 Francisco, California 94104. 6 On August 11, 2022, I served the following document(s) on the parties in the within action: 7 DECLARATION OF JAMES KNOPF IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTIPM TO COMPEL AND FOR PROTECTIVE ORDER 8 9 VIA E-MAIL: I attached the above-described document(s) to an e-mail message to XX transmit the e-mail message to the person(s) at the e-mail address(es) listed below. My 10 email address is JSoares@mpbf.com. 11 Douglas N. Akay Attorney For Plaintiffs 12 Elsa Berry 524 UNION STREET & BEVERLY A. Jessie Burgueno SMUCHA 13 Akay Law 90 New Montgomery St., Floor 09 14 San Francisco, CA 94105 E-mail: dnakay@akaylaw.com 15 eberry@akaylaw.com jburgueno@akaylaw.com 16 Phone: (415) 362-2580 Fax: (415) 434-0882 17 James Knopf, Esq. Cross-Complainant in Pro Per 18 Law Offices of James S. Knopf 2000 Broadway Street 19 Redwood City, CA 94063 E-mail: jsk@knopflaw.com 20 Phone: (650) 627-9500 Fax: (650) 627-9595 21 22 I declare under penalty of perjury under the laws of the State of California that the foregoing is 23 a true and correct statement and that this Certificate was executed on August 11, 2022. 24 By 25 Joan E. Soares 26 27 28 -3- DECLARATION OF JAMES KNOPF IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFFS' MOTINO TO COMPEL