Motion-Secondary: FFG RESTAURANT GROUP, INC. ET AL VS. SAYAT OZYILMAZ ET AL

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                                DAVID H. SCHWARTZ (SBN 62693)
                         NANCY CHUNG (SBN 225584)
                         LAW OFFICES OF DAVID H. SCHWARTZ, INC.
                         423 Washington Street, Sixth Floor                                                      ELECTRONICALLY
                         San Francisco, CA 94111
                         Tel: (415) 399-9301
                                                                                                                    F  I  L   E  D
                                                                                                                 Superior Court of California,
                         Fax: (415) 399-9878                                                                      County of San Francisco

                         E-mail: dhs@lodhs.com                                                                       06/10/2020
                         Email:    nchung@lodhs.com                                                              Clerk of the Court
                                                                                                                   BY: SANDRA SCHIRO
                                                                                                                              Deputy Clerk
                         Attorneys for Plaintiff & Cross-Defendant,
                         JOHN LITZ and Cross-Defendant YONGJIA SOLLERS


                                                   SUPERIOR COURT OF THE STATE OF CALIFORNIA
                                                          CITY AND COUNTY OF SAN FRANCISCO
                                                                   UNLIMITED JURISDICTION


                         FFG RESTAURANT GROUP, INC. and                             )   Case No:     CGC-19-581427
                         FORWARD FOOD GROUP, LLC,                                   )
                                                                                    )
                                           Plaintiffs,                              )   DECLARATION OF DAVID H.
                                                                                    )   SCHWARTZ IN SUPPORT OF
                                                                                    )   DEMURRER TO AMENDED CROSS-
                                  vs.                                               )   COMPLAINT BY CROSS-DEFENDANTS
                                                                                    )   JOHN LITZ AND YONGJIA SOLLERS
                         SAYAT OZYILMAZ, LAURA GABRIELA                             )
                         OZYILMAZ and DOES 1-100, inclusive,                        )
                                                                                    )
                                                                                    )
                                           Defendants.                              )
                                                                                    )
                         _______________________________________ )
                                                                                    )
                         LAURA OZYILMAZ and SAYAT                                   )
                                                                                    )
                         OZYILMAZ;                                                  )
                                                                                    )
                                  Cross-Complainants,                               )
                                                                                    )
                                     vs.                                            )
                                                                                    )
                                                                                    )
                         JOHN LITZ, FORWARD FOOD GROUP, LLC, )
                         FFG RESTAURANT GROUP, INC., YONGJIA )
                         SOLLERS, and ROES 1 THROUGH 30;                            )
                                                                                    )
                                  Cross-Defendants.                                 )
                                                                                    )




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                                  David H. Schwartz hereby declares as follows:

                                  1.       I am an attorney licensed to practice law before all the Courts in the State of

                         California. I have offices at 423 Washington Street, Sixth Floor, San Francisco, California. I am lead

                         counsel for Cross-defendants John Litz and Yongjia Sollers in this action.                If called as a witness I

                         could testify to the matters set forth in this Declaration on my personal knowledge, except for such

                         matters as are stated to be based upon my information or belief.

                                  2.       The Amended Cross-complaint was served by mail on April 15, 2020, making the last

                         day to file a responsive pleading May 20, 2020.

                                  3.       On May 13, 2020 my associate, Nancy Chung and I held met and conferred with

                         counsel for Cross-complainants, Lucinda Storm and Kenneth Hollenbeck concerning our intention to

                         demur to the Amended Cross-complaint on behalf of Cross-defendants John Litz and Yongjia Sollers.

                         At the conclusion of that conference Ms. Storm indicated that she would be considering some of the

                         points we had raised as to deficiencies in the Amended Cross-complaint, including, but not limited to,

                         that the claims raised in the Cross-complaint are duplicated in a Cross-complaint and Amended

                         Cross-complaint filed in another action pending in this Court, Litz vs. Sayat Ozyilmaz, et al. CGC-

                         19-580935 were identical to the claims in the Amended Cross-complaint filed in this action, and that

                         one of these actions should be abated. Ms. Storm said she would get back to us on whether she was

                         going to make any further amendments based on our discussions.

                                  4.       On May 20, 2020 Ms. Chung and I had another meet and confer telephonic session
                         with Ms. Storm and Mr. Hollenbeck. In that discussion we again raised outstanding issues regarding

                         the grounds for demurring to the Amended Cross-complaint for which Ms. Storm had not provided a

                         definitive response, including the plea in abatement issue. Ms. Storm said she would get back to us

                         by Friday, May 22, 2020 on those issues and we understood that she was agreeing to extend the date

                         for filing the demurrer until the meet and confer process was completed. Later in the day on May 20,

                         2020 Ms. Storm sent a proposed stipulation to resolve the plea in abatement issue. I responded with a

                         slightly revised version sent to Ms. Storm on May 22, 2020. I have not received any response

                         whether or not Ms. Storm is agreeable to the revised stipulation on the plea in abatement, but she has




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