Motion-Secondary: COMMONWEALTH LAND TITLE INSURANCE COMPANY VS. FEDEX OFFICE AND PRINT SERVICES, INC et al (PROVIDE ACCESS)

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FIDELITY NATIONAL LAW GROUP
HOWARD P. BRODY (SBN 65307)
915 Wilshire Boulevard, Suite 2100

Los Angeles, California 90017
Telephone: (213) 438-4414

Facsimile: (213) 438-4417

Email: howard.brody@fnf.com

Attorneys for Plaintiff,
COMMONWEALTH LAND TITLE
INSURANCE COMPANY

ELECTRONICALLY
FILED

Superior Court of California,
County of San Francisco

06/02/2017
Clerk of the Court
BY: RONNIE OTERO
Deputy Clerk

SUPERIOR COURT FOR THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN FRANCISCO

COMMONWEALTH LAND TITLE
INSURANCE COMPANY,

Plaintiffs,
v.

FEDEX OFFICE AND PRINT SERVICES,
INC.; WINSTON LUM; KAUSHAL
NIROULA; JAY CHANDRAKANT SHAH;
ELVIA PALOMINO; MORAD AFRAIMI;
MELVIN LEE EMERICH; MARTINI &
CHNOOGLE; GRACHELLE LANGUBAN,
MERCHANTS BONDING COMPANY, and
DOES 1-25, inclusive,

Defendants.

CASE NO. CGC-10-503332

(Consolidated for all purposes with CGC-11-
512102)

DECLARATION OF HOWARD P. BRODY)
IN SUPPORT OF PLAINTIFF
COMMONWEALTH LAND TITLE
INSURANCE COMPANY’S MOTION IN
LIMINE NO. 2 TO EXLUDE EVIDENCE
OF POVERTY OR WEALTH OF THE
PARTIES

Trial Date: June 12, 2017
Time: 9:30 a.m.
Dept.: 206

Mt

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1

PLAINTIFF COMMONWEALTH LAND TITLE INSURANCE COMPANY'S MOTION IN LIMINE NO, 2 TO EXLUDE EVIDENCE
OF POVERTY OR WEALTH OF THE PARTIESL867

DECLARATION OF HOWARD P. BRODY

1, Howard P. Brody, declare under penalty of perjury of the laws of the State of California
that the following statements are true, correct, and based on personal knowledge:

1. Iam an attorney admitted in the State of California. [am a member in good
standing of the California State Bar Association, and my California State Bar Number is 65307. 1
represent Plaintiff Commonwealth Land Title Insurance Company in this action. I know the facts
stated herein to be true based upon my own personal knowledge and experience, I am over the
age of 18 and otherwise of sound capacity to deliver testimony if called upon to testify in this
action.

2. My concern in filing this motion is based upon the fact that a number of the party
defendants have little or no understanding of civil practice and procedure and furthermore, are
convicted felons who have already shown a disregard for the rule of law.

I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct to the best of my knowledge and experience.

Executed on June 1, 2017 at Los Angeles, California.

Howard P. Brody

1

PLAINTIFF COMMONWEALTH LAN (OMPANY’S MOTION IN LIMINE NO. 2 TO EXLUDE EVIDENCE

PALTH OF THE PARTIESDOCUMENT
ONE

ew

5

RED
YCLED PAPER

PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
Iam employed in the County of Los Angeles, State of California. I am over the age of
eighteen years and not a party to the within entitled action; my business address is 915 Wilshire
Blvd., Suite 2100, Los Angeles, California 90017.
On June 2, 2017, I served the foregoing document(s) described as:
PLAINTIFF COMMONWEALTH LAND TITLE INSURANCE COMPANY’S MOTION

IN LIME ).2 TO EXLUDE EVIDENCE OF POVERTY OR WEALTH OF THE
PARTIES; DECLARATION OF HOWARD P, BRODY IN SUPPORT THEREOF

on the interested parties in said action:

[X] By placing the original and/or a true copy thereof enclosed in a sealed envelope
addressed as follows:

SEE ATTACHED SERVICE LIST

[1]. (BY MAIL) I deposited such envelope in an internal collection basket. The envelope was
mailed with postage thereon fully prepaid from Los Angeles, California. 1 am readily familiar
with the firm's practice of collection and processing correspondence for mailing. It is deposited
with the U.S. Postal Service on that same day in the ordinary course of business. | am aware that
on motion of party served, service is presumed invalid if'a postal cancellation date or postage
meter date is more than one day after date of deposit for mailing in affidavit.

[] (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the
offices of the addressee.

[X] (BY GSO OVERNIGHT) | delivered to an authorized driver authorized by GSO
(GOLDEN STATE OVERNIGHT) to receive documents, in an envelope or package designated
by GSO (GOLDEN STATE OVERNIGHT) with delivery fees paid or provided for, addressed to
the person on who it is to be served, at the office address as last given by that person on any
document filed in the cause and served on the party making service; or at that party’s place of
residence.

[] (FACSIMILE) I faxed such document from Los Angeles, California to the facsimile
number(s) shown on the attached service list. The sending facsimile machine number is 213-438- |
4417, The transmission was reported as complete and without error and the transmission report
was properly issued by the transmitting facsimile machine.

[X] | (STATE) I declare under the penalty of perjury under the laws of the State of California,
that the foregoing is true and correct.

Executed on June 2., 2017, at Los Angeles, California.

dul

GRACE OVIATT

PROOF OF SERVICE28

DOCUMENT PREPARED
ON RECYCLED PAPER

Commonwealth Land Title Insurance Company v. FedEx Office and Print Services Inc., et al.

SERVICE LIST

Superior Court of California, County of San Francisco

Attorney for Shirley Hwang
Morgan Lopez, Esq.

Glynn & Finley, LLP

One Walnut Creek Center

100 Pringle Avenue, Suite 500
Walnut Creek, CA 94596

Fax: (925) 945-1975

mlopez@GlynnFinley.com

Attorney for Elvia Palomino
Craig J. Bassett, Esq.

25 W First Street

Morgan Hill CA 95037

cbassett@garlic.com

Attorney Pro Se
Melvin L. Emerich
B10-337
4546 E] Camino Real
Los Altos, CA 94022
mlemerich@yahoo.com

In Pro Per Defendant
Morad Afraimi

912 Edgecliff Drive
Reno, NV 89523

Case No. CGC-10-503332

In Pro Per Defendant

Jay C. Shah

A03101, Rm No. 6-123
California Medical facility
P.O. Box 2000

Vacaville, CA 95696

In Pro Per Defendant
Winston Lum

25 Forest Side Ave.

San Francisco, CA 94127

In Pro Per Defendant
Kaushal Niroula
ANI518

Mule Creek State Prison
P.O. Box 409099

Tone, CA 95640

PROOF OF SERVICE