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  • JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION, A et al CONTRACT/WARRANTY document preview
  • JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION, A et al CONTRACT/WARRANTY document preview
  • JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION, A et al CONTRACT/WARRANTY document preview
  • JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION, A et al CONTRACT/WARRANTY document preview
  • JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION, A et al CONTRACT/WARRANTY document preview
  • JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION, A et al CONTRACT/WARRANTY document preview
  • JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION, A et al CONTRACT/WARRANTY document preview
  • JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION, A et al CONTRACT/WARRANTY document preview
						
                                

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IEMA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Mar-08-2012 2:56 pm Case Number: CGC-10-501168 Filing Date: Mar-07-2012 2:51 Juke Box: 001 Image: 03526250 MEMORANDUM OF POINTS AND AUTHORITIES JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION, A et 001003526250 Instructions: Please place this sheet on top of the document to be scanned.LAW OFFICES OF PAUL L. KRANZ PAUL L. KRANZ, ESQ., SBN 114999 FILED kranzlaw@sbeglobal.net SUPERIOR COME CISCO 2560 Ninth Street, Suite 213 COUNTY OF SAN FRA Berkeley, California 94710 MAR 07 2012 Telephone: (510) 549-5900 ‘ OQURT Facsimile: (510) 549-5901 CLERKOF THE G act dade By BY: sige Bpuly Ulerk Attorneys for Named Plaintiffs Johna Pecot, et al., “- and all others similarly situated SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO JOHNA PECOT, THOMAS ARATA, RICH OWYANG, STEPHEN TILTON, JOSEPH LEAKE, and OSCAR TAYLOR, Individually and on Behalf of All Others Similarly Situated, CASE NO. CGC-10-501168 NOTICE OF MOTION FOR RECONSIDERATION Date: March 29, 2012 Time: 9:30 a.m. Dept.: 302 Plaintiffs, Vv. SAN FRANCISCO DEPUTY SHERIFF’S ASSOCIATION, a California Nonprofit Corporation, SAN FRANCISCO DEPUTY SHERIFF’S FOUNDATION, a California Corporation, DAVID WONG, an individual, MICHAEL ZEHNER, an individual, BRIAN SAVAGE, an individual, SHEDRICK McDANIELS, an individual, and DOES 1-100, Defendants. SESE TO EACH PARTY AND TO THEIR ATTORNEY OF RECORD: PLEASE TAKE NOTICE that on March 29, 2012 in Department 302 of the above entitled court, located at 400 McAllister Street, San Francisco, California, at the hour of 9:30 a.m., or as soon thereafter as this matter may be heard, Plaintiffs will move the above entitled court for reconsideration in connection with Defendants’ Special Motion To Strike Causes of -l- NOTICE OF MOTION FOR RECONSIDERATIONXQ Action in the Complaint pursuant to Code of Civil Procedure section 2008. The motion will be based on this Notice, the Memorandum of Points and Authorities, the accompanying declaration of Paul L. Kranz, the complete files in this case and the argument of counsel. Dated: March 7, 2012 LAW OFFICES OF PAUL L. KRANZ », Plt bo— * Paul L. Kranz 2- NOTICE OF MOTION FOR RECONSIDERATIONCo Oe ND HW PB Bw NY yen yw YN YN NY NN DY = ee eB He ewe we SB Be ect DA BB NH =F So we KAA HR HH BAS PROOF OF SERVICE SUPERIOR COURT ) STATE OF CALIFORNIA } CASE NO. CCC-10-501168 COUNTY OF SAN FRANCISCO } I, the undersigned, certify and attest as follows: lam over the age of eighteen years and am not a party to the cause within. My business address is 2560 Ninth Street, Suite 213B, Berkeley, California 94710. On March 7, 2012, I caused the within: NOTICE OF MOTION FOR RECONSIDERATION MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR RECONSIDERATION DECLARATION OF PAUL L. KRANZ IN SUPPORT OF MOTION FOR RECONSIDERATION to be served upon Defendants’ attorneys by personal service at the following address(es): Lara C. Smith, Esq. Rains Lucia Stern, PC 2300 Contra Costa Blvd., Suite 500 Pleasant Hill, CA 94523 Lawrence D. Murray, Esq. Murray & Associates 1781 Union Street San Francisco, CA 94123-4426 David R. Ongaro, Esq. Ongaro Burtt & Louderback LLP 650 California Street, Fifth Floor San Francisco, CA 94108 Executed March 7, 2012 at Berkeley, California. I declare under penalty of perjury that the foregoing is true and correct. Abe Gloria ReynoldsLAW OFFICES OF PAUL L. KRANZ PAUL L. KRANZ, ESQ., SBN 114999 kranzlaw@sbcglobal.net 2560 Ninth Street, Suite 213 Berkeley, California 94710 Telephone: (510) 549-5900 Facsimile: (510) 549-5901 Attorneys for Named Plaintiffs Johna Pecot, et al., and all others similarly situated SUPERIOR COURT FOR THE STATE OF CALIFORNIA COUNTY OF SAN FRANCISCO JOHNA PECOT, THOMAS ARATA, RICH OWYANG, STEPHEN TILTON, JOSEPH LEAKE, and OSCAR TAYLOR, Individually and on Behalf of All Others CASE NO. CGC-10-501168 DECLARATION OF PAUL L. KRANZ IN SUPPORT OF MOTION FOR Similarly Situated, RECONSIDERATION Plaintiffs, Date: March 29, 2012 Time: 9:30 a.m. v. Dept.: 302 SAN FRANCISCO DEPUTY SHERIFF’S ASSOCIATION, a California Nonprofit Corporation, SAN FRANCISCO DEPUTY SHERIFF’S FOUNDATION, a California Corporation, DAVID WONG, an individual, MICHAEL ZEHNER, an individual, BRIAN SAVAGE, an individual, SHEDRICK McDANIELS, an individual, and DOES 1-100, Defendants. EES 1, Paul L. Kranz, declare as follows in support of Plaintiffs’ Motion For Reconsideration: 1. Iam an attorney at law duly licensed to practice before all the courts of the State of California and am the principal at the Law Offices of Paul L. Kranz, and am counsel of record for Plaintiffs JOHNA PECOT, THOMAS ARATA, RICH OWYANG, STEPHEN TILTON, JOSEPH LEAKE, and OSCAR TAYLOR. I have personal knowledge of the information set -l- DECLARATION OF PAUL L. KRANZ IN SUPPORT OF MOTION FOR RECONSIDERATIONwn co Oo IN a 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 we forth herein, unless noted on information and belief, all of which is true and correct of my own personal knowledge, and if called upon to testify, I could and would competently testify thereto. 2. This is a motion for reconsideration. Plaintiffs have not been served with a notice of entry of an order for the motion. The motion was heard before the Honorable Loretta Giorgi on July 7, 2011. 3. The new or different facts upon which this motion is brought are those contained in the Declaration of Robert Treviso, Treasurer of the San Francisco Sheriffs’ Deputy Association, a true and accurate copy of which is attached hereto as Exhibit A and described further below, and the misappropriation of approximately $1.2 million by Defendants, as evidenced by portions of the federal tax returns for the Defendant San Francisco Deputy Sheriffs’ Association and the San Francisco Deputy Sheriffs’ Foundation, true and accurate copies of which are attached hereto as Exhibits B through H and described further below. 4. Attached hereto as Exhibit A is a true and accurate copy of a Declaration of Robert Trevizo, the current Treasurer of the Defendant San Francisco Deputy Sheriffs’ Association (hereinafter “SFDSA”). dated January 12, 2011. Mr. Trevizo, as a representative of an adverse party in this action, was unavailable to me and I was only able to recently obtain the cooperation of the SFDSA’s attorneys in order to ascertain his knowledge and obtain a declaration to that effect. 5. Attached hereto as Exhibit B is a true and accurate copy of portions of the federal tax return of the SFDSA for the year 2008. This copy shows that the SFDSA received contributions in the amount of $$427,746 in 2007 and in the amount of $ $42,286 in 2008. The copy of the tax return was obtained from the website www.guidestar.org. Guidestar is a non- profit organization that supplies information, including tax returns, for on-profit organizations throughout the United States. 6. Attached hereto as Exhibit C is a true and accurate copy of the federal tax return of the SFDSA for the year 2009. This copy shows that the SFDSA received no contributions in 2009. 7. Attached hereto as Exhibit D is a true and accurate copy of the federal tax return -2- DECLARATION OF PAUL L. KRANZ IN SUPPORT OF MOTION FOR RECONSIDERATIONof the SFDSA for the year 2010. This copy shows that the SFDSA received no contributions in 2010. 8. Attached hereto as Exhibit E is a true and accurate copy of the federal tax return of the San Francisco Deputy Sheriffs’ Foundation (“Foundation”) for the year 2007. This copy shows that the Foundation received contributions in the amount of $1 5100 in 2007. 9. Attached hereto as Exhibit F is a true and accurate copy of the federal tax return of the Foundation for the year 2008. This copy shows that the Foundation received contributions in the amount of $409,781 in 2008. 10. Attached hereto as Exhibit G is a true and accurate copy of the federal tax return of the Foundation for the year 2009. This copy shows that the Foundation received contributions in the amount of $437,641 in 2009. 11. Attached hereto as Exhibit H is a true and accurate copy of the federal tax return of the Foundation for the year 2010. This copy shows that the Foundation received contributions in the amount of $424,800 in 2010. 12. The copies of portions of the tax returns for the SFDSA and the Foundation, identified as Exhibits B through H above, were obtained by me from the website www.guidestar.org and is available to the public. I was formerly the director of a non-profit organization. Guidestar is a non-profit organization that supplies information, including tax returns, for non-profit organizations throughout the United States. 13. Attached hereto as Exhibit I is a true and accurate copy of the transcript of the J uly 7, 2011 hearing in this matter on Defendants’ Anti-SLAPP Motion. I declare under penalty of perjury of the laws of the State of California that the foregoing is true and correct and that this declaration was executed at Berkeley, California, on March 7, Poul (4h > Paul L. Kranz 2012. -3- DECLARATION OF PAUL L. KRANZ IN SUPPORT OF MOTION FOR RECONSIDERATIONEXHIBIT “A”DECLARATION OF ROBERT TREVIZO I, Robert Trevizo, declare as follows: 1) Iam currently the Treasurer of the San Francisco Deputy Sheriffs’ Association (SFDSA). 2) I became the Treasurer of the SFDSA after David Wong left the Presidency of the SFDSA in January 2010. 3) As soon as I became Treasurer, I sought to gather and familiarize myself with the SFDSA accounting records. Those SFDSA accounting records reflected various bank accounts where funds were deposited on behalf of the SFDSA. I tried to locate the bank records for all such accounts. There were records missing for certain bank accounts. For these accounts, I was unable to locate any records. 4) After I became SFDSA Treasurer, I asked David Wong for the records of the bank accounts I could not locate. He refused to agree to provide them, and has maintained that position. As of this date, I have been unable to obtain access to arty of these records. I believe these records are still in the possession of or under the control of David Wong or the Foundation. 5) It is my understanding that SFDSA funds were deposited into several! accounts at Wells Fargo and the San Francisco Police Credit Union. However, some accounts were in the name of the SFDSA and some were in the name of the San Francisco Deputy Sheriff's Association Foundation. 6) I requested copies of the account records from the bank for the period before David Wong ceased being President of the SFDSA. _I was told that I was not on the signature cards of the Foundation accounts, no members of the SFDSA board who were not affiliated with Wong were on the cards, and the bank would not provide me with access to information or records forthese accounts for any period of time. 7) I have not been able to track all the funds that came into the SFDSA while Wong was still president because David Wong has not provided me with the records from when he was President and because I cannot get access to all the bank account records where SFDSA funds may have been deposited. 8) During the 2011 tax season, a corporate donor to the SFDSA sent the SFDSA a 1099 tax form. The donor had made two separate contributions to the SFDSA, in May 2010 and in October 2010, by U.S. mail to the SFDSA office. I checked our bank records and I could not find any record of the SFDSA having received the donation. I contacted the donor and asked for and subsequently received a copy of this donor’s two cancelled checks. True and accurate copies of the fronts and backs of the checks are attached hereto as Exhibit A. The copies of the checks showed that although the checks had been made payable to the SFDSA, they had been wrongly deposited into a San Francisco Deputy Sheriff's Foundation account at the San Francisco Police Credit Union. I do not know who deposited the funds. They had been deposited into one of the accounts that I had been unable to obtain records for, as described above. Therefore, I have been unable to determine what other funds due the SFDSA have been deposited into accounts which the SFDSA cannot access and over which it has no control and from which it receives no benefit. 9) After receiving the donor’s checks, I went to San Francisco Police Credit Union. | showed the copies of the checks to the credit union and told the credit union officer that the checks had been improperly endorsed and deposited. After I stated that I was willing to pursue legal action to pursue the credit union for inappropriately depositing the checks into an account to which the credit union continues to deny access for the SFDSA, the credit union refunded the amounts of the checks to the SFDSA and I deposited those amounts into a SFDSA bank account.10) Since David Wong ceased to be President of the SFDSA, the SFDSA has received virtually no checks for charitable contributions for deposit. 11) When I requested the additional bank account information from him, David Wong stated he didn’t have to talk to the new officers of the SFDSA, show us any records, and that if we pursued obtaining the financial information, he would break the union to zero. 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 that this declaration was executed in San Francisco on January 10, 2012. Robert TrevizoCheck Image item Reference: 963 Amount: $500.00 f . 00963 A, al, "SSE : EQUITY RISK PARTNERS, INC. non 101 MONTGOMERY STREET, 4TH FLOOR a = Check # 983 . ‘SAN FRANCISCO, CA 94108. TesaaAzie Reference 15788 Check Date 05/03/2010 TOTHE ‘i AMOUNT OfOER OF San Francisco Deputy Sheriff Assoc. 600.00 say’ FIVEHUNORED AND OOIGQ‘*##¢s+seestseresecsseedsesenessererencaestonessrees v, : der mermminsas ED areca * San Francisco Deputy Sheriff Assoc. 444 Sth Straet San Francisco CA 94103 “000% 3 mh giun3See 40100374 se gonod 43 wgoMuauo ata OL Awa 51772010 ASHLEY - 39739 >321076496< - 0031 Exhibit A to Trevizo Declaration (page 1/2)ws Check Image Amount: $300.00 Item Reference: 1540 grees EQUITY RISK PARTNERS, INC. IT mesmo men 101 MONTGOMERY STREET, 14TH FLOOR olrysé tran Check & 1540 ‘SAN FRANCICO, CA 94104 wid” Retesence 16843 Check Date 10/06/2040 AMOUNT ‘San Francisco Deputy Sherif Assoc. 300.00 TOTHE + QADER OF "pay THREE HUNDRED AND OD/100°+ +++ +04 estes atseneneerteesensdseseedsasrasens: ‘San Francisco Deputy Sherif Assoc. 444 Gth Street 10/8/2010 ASHLEY - 58601 >821076496< - 0031 Exhibit A to Trevizo Declaration (page 2/2).EXHIBIT “B” ws~ ” Return of Organization Exempt From Income Tax Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except black lung benefit trust or private foundation) 6002 9 1 930 GANNYOS label or > Tho organization may have to use a copy of this return to Satisfy state reporting requirements. wes DEPUTY SHERIFF'S ASSOCIATION OF THE CITY [change Cases. 4-28 0 Cones Number and street (or P.O. box if mail 1s not delivered to street address) E Telephone number Cite lite (444 6TH STREET Coins] "= city or town, state or country, and ZIP + 4 Cottgptes SAN FRANCISCO, CA 03 penseo TE Namo and address of principal office. DAVID WONG 444 6TH STREET SAN for affitates? Eves Ex] No H(b) Are all atfates included? __lves [_]No FRANCISCO CA <4 Gnsert no 4947(ay(1) or_[_) 527 If “No,” attach a list (see instructions) S010) (5 FDSA.COM H(c) Group exemption number > on: 195 2] m State of le : [Part] Summary 1. Bnefly describe the organization's mission or most significant activities. LABOR ORGANIZATION PROGRAMS __ 2 > Check this box Cc if the organization discontinued its operations or disposed of more than 25% of its assets 3 Number of voting members of the governing body (Part VI, line 1a) 0 &| 4 Number of independent voting members of the governing body (Part VI, line 1b) 4 0 5 Total number of employees (Part V, line 2a) 5 1 i 6 Total number of volunteers (estimate if/neces: 6 10 3 7a Total gross unrelated business revente from, -ine12, column (C) l7a|_ Ss 256, 627. b_Net unrelated business taxable inco Wher 34 Ib 0. o) Current Year g] 8 Contributions and grants (Part Vill ‘sy fo Vv Ip | 42, 286. é 9 Program service revenue (Part Vill li if 1,217,890. @} 10 Investment ncome (Part Vill, colan ( 36 38! 1,985. 14 Other revenue (Part Vill, column (A), ine’S-8 Ae op ind FYe) 261,340. 12 Total revenue - add lines 8 through 11 (must equal PATIL col fine 12) 1,523,501. 13 Grants and similar amounts paid (Part IX, column (A), lines 1-3) __ 3,941. 14 Benefits paid to or for members (Part IX, column (A), line 4) 959,412. g| 15 Salanes, other compensation, employee benefits (Part IX, column (A), lines 5-10) 0 106,505. @ | 16a Professional fundraising fees (Part IX, column (A), line 116) 8 b Total fundraising expenses (Part IX, column (0), ine 25) > 17 Other expenses (Part IX, column (A), lines 11a-114d, 11f.24f) 556,233. 18 Total expenses. Add lines 13-17 (must equal Part IX, column (A), line 25) 1,626,091. 19__Revenue less expenses. Subtract ine 18 from line 12 -102,590. 3 End of Year BS 20 Total assets (Part X, line 16) 288,135. 185,545. So] 21 Total habiities (Part X, tine 26) | =| 22_Net assets or fund balances. Subtract line 21 from line 20 Signature Block Under penalties of perury, t declare that | have examined ‘and complete Deciarguon of prepagse (other Tha lum, melvan sched 18 bated onal information of wnuch preparer as les and ‘stalomenta, and to the best of my knowledge and belie, 19 Uve, correct, ‘any knowledge Ny ignaturg of officer DAVID WONG, PRESIDE: Date ‘Type oF print name and ttle Perf saae D ek. Lk. a Use Only | yours v@ CROAK & ANY CPA'S Stoese ve }2175 N. CALIFORNIA BLVD., SUITE zp +4 CALIFORNIA 94596-3574 May the IRS discuss this return with the preparer shown above? (see instructio, 92001 12-18-08 LHA For Privacy Act and Paperwork Reduction Act Notice, see the s¢ 775 eparate instructions.EXHIBIT “C”fs SGANNED DEC 4.2 2010 - Return of Organization Exempt From Income Tax Under section 501(c), 527, or 4947(a)(1) of the Internal Revenue Code (except black lung benefit trust or private foundation) at > The organzation may have to use a copy of this return to satisfy state reporting requirements. A For the 2009 calendar year, or tax year beginning 9 to Public D Employer identification number Css. 94-2838370 a asSt¥,,|. Number and street (or P.O. box f mails not delivered to street address) | Roonvsu nee” lnome 444 6TH STREET CJansasea uone City ‘or town, state or country, and ZIP + 4 FRAN ‘H(a) Is this a group return for affihates? Coves EI No H(b) Are al atfhates incuded? Ives [—] No 1f "No," attach a list (see instructions) F Name and address of pnncipal officer: 444 6TH STREET SAN FRANCISCO, CA EXT sore 5 4 Gnsertnoy CJ asa7aytyor [1527 it [_] Other b> Form of organization: (cope Tima BETA [Part 1] Summary 1 Bnefly describe the organwation's mission or most significant activities’ LABOR ORGANIZATION PROGRAMS 2 = Check this box p> Cc the organization discontinued its operations or disposed of more than 25% of its net assets 3 Number of voting members of the governing body (Part Vi, line 1a) 4 Number of independent voting members of the governing body (Part VI, line 1b) 5 Total number of employees (Part V, line 2a) Activities & Governance 6 Total number of volunteers (estimate if necessary) 6 0 7a Total gross unrelated business revenue from Part Vil, M, column mn (Ch line 12 2,331. b_Net unrelated business taxable income from Form; Prior Year (42,286. 1,217,890. 1,116,327. 1,985. _2,331. 8 Contributions and grants (Part Vill, ine 1h) ~9 Program service revenue (Part Vill, line 29) 2 10 Investment income (Part Vill, column (A), lines 3, 4 Gnd 70) 11° Other revenue (Part Vill, column (A), lines 5, 6d, 8c! 261,340. 12_Total revenue - add lines 8 through 41 (must equal Salut 1 223,501. 1,118,658. 13. Grants and similar amounts paid (Part IX, column (A), lines 1-3) 3,941. 1,468. 14 Benefits paid to or for members (Part IX, column (A), ine 4) E 959,412. 866,221. 16 Salanes, other compensation, employee benefits (Part IX, column (A), lines 5-10) 106 5505.) __ 93,230. 16a Professional fundraising fees (Part IX, column (A), line 116) b Total fundraising expenses (Part IX, column (0), ine 25) > 17 Other expenses (Part IX, column (A), lines 114-114, 11f-24f) 556,233. 73,278. 18 Total expenses Add lines 13-17 (must equal Part IX, column (A), line 25) 1,626,091. 1,034,197. 19 _Revenue less expenses. Subtract line 18 from line 12 -102,590. 84,461. \ | Beginning of Current Year End of Year 20° Total assets (Part X, line 16) 185,545. 270,006. 5 3 2 21° Total habihties (Part X, line 26) thal have examined ‘statements, and to the bes! of my knowledge and belief, 1s ue, correct, = oh al miornaton of wc propane has Sy inares ” —=f Mis | ror Titense ce re ‘Type or print name and title Preparer's Paid signature » Prepater’s rms name (or % Use Only | yousit CROR Eonpoya, 2175 N. CA TFORNIA BLVD., SUITE 775 eee WALNUT CREEK, CA 94596 May the IRS discuss this return with the preparer shown above? (see instructio 982001 92-04-10 LHA For Privacy Act and Paperwork Reduction Act Notice, see the separate instructions. Form 990 (2009) 0 5 =EXHIBIT “D”JOMB No 1545-0047 2010 eeTe Ce is bor taitii) Return of Organization Exempt From Income Tax_ Under section 501° 27, of 4947(n)(1) of the Internal Revenue Code (except bung benefit trust or private foundation) * Employer Identification number B Check applicable [© Name of organzation Employer Ident DEPUTY SHERIFF'S ASSOCIATION OF THE CITY TF Address change ‘SAN FRANCISCO 94-2838370 ‘Doing Business As. TF name change € Telephone number F tna return Number and treet (or PO box f mails not delvered to street address) (415) 987-1104 T Terminated 444 6TH STREET TF amended retum ‘City oF town, state or country, and ZIP + 4 G Gross receipts $ 1,632,782 ‘SAN FRANCISCO, CA 94103 F Application pending F Name and address of principal officer ROBERT TREVIZO 444 6TH STREET SAN FRANCISCO,CA 94103 Ha) isthe agoupretuntocatiates?! ves Pte H(b) Are all affilates mchuded? T yes [wo If"No,” attach a list (see instructions) H(e) Group exemption number > 1 Taxcexempt status [~ 501(€)(3) FF 501(c) (5) (insert no) FT 4947(a)(1) or I~ 527 3 Website: WWW SFDSA COM K Form of organzation [ Comoration {Trust [7 Assocation [~ other L Year of formation _1952_| M State of legal domicile CA Summary 1 Briefly describe the organization's mission or most significant activities 3 A UNION REPRESENTING SAN FRANCISCO SHERIFF OEPUTIES z S| 2 Check ems box HT if the organization discontinued its operations or disposed of more than 25% of its net assets 3 Ts number of voting members of the governing body (PartVI,lineta) . . . % | 4 Number of independent voting members ofthe governing body (Part VI, line1b) . . . g 5 Total number of individuals employed in calendar year 2010 (PartV, line 2a)... g 6 Total number of volunteers (estimate ifnecessary) . . . 7aTotal unrelated business revenue from Part VIII, column (C), line 12. b Net unrelated business taxable income from Form 990-T, line 34. Prior Year |_Current Year __ 8 Contributions and grants (Part VIII, lineth) . 2 6. ee ee o) ° & | 9 Programservice revenue (Part VIII, Ime 2g). ss ee we et 1,116,327 1,623,312 § 10 Investment income (Part VIII, column (A), lines 3,4,and7d) . 5 2,334 138 & Jaa other revenue (Part VIII, column (A), lines 5, 6d, 8c, 9¢, 10c, and 116) ° 9,332 12 Total revenueadd ines B through 11 (must equal Part VILL, column (A), 1aie6se 1,632,782 13 Grants and similar amounts paid (Part IX, column (A), lines 1-3). 1,468 0 14 Benefits paid to or for members (Part 1X, column (A),line4) 2. se 866,223 977,489 15 Salaries, other compensation, employee benefits (Part IX, column (A), lines S- g 10) 93,230 35,373 & [16a Professional fundraising fees (Part IX, column (A), line ie)... ol ° 5 b Total fundraising expenses (Part DX, column (D), ine 25) 2. 17 Other expenses (Part IX, column (A), lines L1a-11d,11f-24) . 2. 73,278 619,981 18 Total expenses Add lines 13-17 (must equal Part IX, column (A), line 25) 1,034,197, 1,632,843 39 Revenue lass expenses Subtract line 18 fromiine12 . - . «+ 84,461 -61 33 Beginning of Current End of Year 3 20 Totalassets (PartX,lne16)- . ee ee 270,006! 269,945 BE [22 Total uabitities (Partx,tne 26). 2... ol ° Zil |22___ Netassets orfund balances Subttact line 21 fromine20. . . . 270,006 269,945 Signature Block Under penalties of perjury, I declare that T have examined this return, Including accompanying schedules and statements, and to tha best of my imowledge and belief, It Is true, correct, and complete. Declaration of preparer (other than officer) Is based on all information of which preparer has any owledge. wewee [2011-08-15 ‘Signature of offer Date 0B TREVIZO TREASURER ‘Type or print name and title Pant/Type Preparer's signature ‘Check W set T prin Preparers name __ HENRY C LEW pavers 9 HENRY C LEW Bots-os-1s employed > [~ Paid Furm’s name } HENRY C LEVY & CO CPAS PROF CORP Preparer “= Use Only Fum’s address > 5940 COLLEGE AVENUE Prone no» (510) 652. OAKLAND, CA_94618 1000 May the IRS discuss this return with the preparer shown above? (see instructions)... =.) ee eee Pres [No For Paperwork Reduction Act Notice, see the separate instructions. Cat No 11282 Form 990 (2010)EXHIBIT “E”SCANNED APR 0 8 2009 ~ Short Form Return of Organization Exempt From Income Tax OMB No 1545-1150 990-E Under section §01(c), 527, of 4947(a)(1) of the Internal Revenue Code {except black lung benefit trust or mn EZ D sponsen : 4 ms oat eatin fie Frm 900 Ai tnt organ veal 5 yon Desa of ey Spon goes aca ose a $100,000 and otal eget os ine wendy may neta Intornal Revenue Service of this return to sa! D Employer identification number _30-0287554 415-355-1498 F Group Exemption © Section 3011018) organizations and 4947(a)(1) nonexempt charitable trusts must attach a completed Schedule A (Form 990 or 990-EZ) K Check > it the organization 1s not a section 509(a)(3) supporting organization and its gross receipts are normally not more than $25,000. A return is not required, but the organization chooses to file a return, be sure to fila a complete return. m ts; 11 $106 1 Contributions, gifts, grants, and similar amounts received 2 Program service revenue including government fees and contracts 8 Membership dues and assessments 4° Investment income fa} 35. 5a Gross amount from sale of assets other than inventory | b_ Less: cost or other basis and sales expenses ¢ Gain or (loss) from sale of assets other than inventory. Subtract line 5b from line Sa (at 5c 6 Special events and activities (attach schedule). if any amount is from gaming, check he . i a Gross revenue (not including $ of contributions ez reported on line 1) —_] b Less: direct expenses other than fundraising expenses ¢ Net income or (loss) trom special events and activities. Subtract line 6b from line 6a iC Ta Gross sales of inventory, less returns and allowances Ta b Less: cost of Goods sold biract line 7b from line 7a Te _ pio 1,135. 10 Grants and STMT 2 10 11 : 050. 11 Benefits pai Lat} 3 12 Salaries, ott {12} 13 Professio |_13 | 8 14 Occupancy, re 14 16 Printing, pobheabons, postage, and shipping 45 16 Other expenses (describe D> SEE STATEMENT 1 ) | 16 2,000. 17__ Total expenses. Add lines 10 through 16 p> | 17 13,050. i 18 Excess or (deficit) for the year. Subtract line 17 from line 9 118 | ~11,915. 19 Net assets or fund balances at beginning of year (from line 27, column (A)) i (must agree with end-of-year figure reported on prior year’s return) 19 14,544. 20 Other changes in net assets or fund balances (attach explanation) 21 _Netassets or fund balances at end of year Combine lines 18 through 20 Jance Sheets - {f Total assets on line 26, column (B) are $250,000 or more, file Form 990 instead of Form 990-E2, {See page 60 of the instructions.) (A) Beginning of year (8) End of year 22 Cash, savings, and investments 14,544. 23 Land and buildings 24 Other assets (describe D> ) 25 Total assets Total liabilities (describe D> ) Net assets of fund balances (line 27 of column (B) must agree with line 21) 135s2.o7 LHA For Privacy Act and Paperwork Reduction Act Notice, see the separate Instructions. Form 990-EZ (2007) o 2 17050123 139895 SFDSAFOUND 2007.07050 SAN FRANCISCO DEPUTY SHERIF SFDSAFO1 “|r ~ SAN FRANCISCO DEPUTY SHERIFF'S “ Form 990-€2 (2007) V 40a 501(c)(3) organizations. Enter amount of tax imposed on the organization during the year under: section 4911 p> Q.. ; section 4912 p> O . ; section 4955 p>. 0. 501(c)(3) and (4) organizations Did the organization engage in any section 4958 excess benefit transaction during the year or did it No become aware of an excess benefit transaction from a prior year? If "Yes," attach an explanation 40b_ x Enter amount of tax imposed on organization managers or disqualified persons during the year under sections 4912, 4955, and 4958 » 0. Enter amount of tax on line 40c reimbursed by the organization > Oe All organizations. At any time during the tax year, was the organization a party to a prohibited tax shelter transaction? Me x 41 List the states with which a copy of this returns filed. D> CA 42a. The books are in care of Be DAVID WONG Telephone no. 415-355-1498 locatedat> 444 ~- 6TH STREET, SAN FRANCISCO, CA ZiP+4 94103 At any time during the calendar year, did the organwation have an interest in or a signature or other authority over a financial account in a foreign country (such as a bank account, securities account, or other financial account)? t'Yes," enter the name of the foreign country: > ‘See the instructions for exceptions and filing requirements for Form TD F 90-22. 1. Atany time during the calendar year, did the organization maintain an office outside of the U.S.? if"Yes," enter the name of the foreign country: D> 43 Section 4947(a)(1) nonexempt chantable trusts filing Form 990-EZ in lieu of Form 1041 - Check here and enter the amount of tax-exempt interest zecerved or accrued during the tax year 4 xamiined This relum, cluding accompanying schedules and plalemvents, and to the beat of my stad md Wael te Please comps op of pysparg (other than offcer)ie based on al information of which preparer has any knowledge ° ea Paid Preparer’s Use Only fumisname(oryous » CROA ttsetamployee), 2 17 5 N. address. and ZIP ¢4 Form 990-EZ (2007) 723432 1227-07 4 17050123°139895 SFDSAFOUND 2007.07050 SAN FRANCISCO DEPUTY SHERIF SFDSAFO1EXHIBIT “F”o ~ . a .. Short Form Return of Organization Exempt From Income Tax Under section 501(c), 527, of 4947(a)(1) of ihe Internal Re 1¢ Code (except black lung benefit trust or > Sponsoring organizations of donor adwed funds and contraling organizations as defined 9 section 512013) must fie Form 990 All ther organzaions with gross receipts less than $1,000,000 and total escola tess than $2,500,000 atthe end ot tha your may uso ve form The. wation may have to use a ‘of this retum to sai ort ‘ Form 990-EZ OMB No_ 1545-1150 D Employer identification number ASSOCIATION FOUNDATION 30-0287554 ‘Number and street (or aa if mail ts not delivered to street address) Room/suite | E- Telephone number =_6TH_ STREET 415-355-1498 town, state or country, and ZIP + 4 exempt and 4947(a)(1) non charitable trusts must attach a completed Schedule A (Form 990 of 990-E2). 1 Website: > WWW. SFDSA. OR J Organization (check only ong)—. 504(c)( 3__) ifthe organization 1s not a section $09(a)(3) supporting organization and its gross receipts are normally not more than $25,000. A return is not Fequired, but f the organization chooses to file a return, be sure to {ile acomplete return. tS: if Add lines 5b 1 Contributions, gifts, grants, and similar amounts received 2 Program service revenue including government fees and contracts 3 Membership dues and assessments 4 Investment income $a Gross amount from sale of assets other than inventory © Less: cost or other basis and sales expenses 5b © Gain or (loss) from sale of assets other than inventory (Subtract line Sb from line 5a) (attach schedule) po 3 6 Special events and activities (complete applicable parts of Schedule G). ff any amount 1s from gaming, check here >) : @ Gross revenue (not including $ of contributions: « reported on line 1) b Less: direct expenses other than fundraising expenses ¢ Netincome or (loss) from special events and activities (Subtract ine 6b from tine 6a) 3 7a_ Gross sales of mventory, less returns and allowanceg eS b Less: cost of goods sold Stl S™~S™ = ¢ Gross profit or (loss) from sales of inventory (Subtrpet Ite-7b-trommiticZa ED * G2 |g Other revenue (describe D> = ee 0 (| 9 Totat revenue, Add tines 4, 2,3, 4,50, 66, 7c, and px NOV 2 aoag Il Qa 10 Grants and similar amounts paid (attach schedule} a 2 11. Benefits paid to or for members 12 Salaries, other compensation, and employee benelilS 13 Professional fees and other payments to independent contractors 14 Occupancy, rent, utiities, and maintenance 18 Printing, publications, postage, and shipping 16 Other expenses (describe D> 17_Total expenses. Add lines 10 through 16 penses > (must agree with end-of-year figure reported on prior year's return) 20 Other changes in net assets or fund balances {attach explanation) 21__Net assets or fund balances at end of year. Combine lines 18 through 20 jets. _ if Total assets on line 25, column (B) are $2,500,000 or more, file Form 990 instead of Form 990-EZ. (See the instructions for Part il.) (A) Beginning of year (8) End of year 22 Cash, savings, and investments 2,629.22 34,933. 23 Land and buildings 24 Other assets (describe D> ) Total assets Total liabilities (describe D> B32077 v2-17-08 LHA For Privacy Act and Paperwork Reduction Act Notice, see the Instructions for Form 990. Form 990-EZ (2008) 2 op 19591116 139895 SFDSAFOUND 2008.05010 SAN FRANCISCO DEPUTY SHERIF SFDSAF. SAN rran(_co DEPUTY SHERIFF'S a Form 990-2 (2008) $01 NDA 7554 Pages [Part Vi] (c)(3) ATTN FOU only. Al 7. 501(c)(3) organizations must answer questions 4649 and complete the tables for ines 50 and 51 46 Oid the organwation engage in direct or indirect Political campaign activities on behalf of or in opposition to candidates for public t office? if "Yes,* complete Schedule C, Part | 47 Did the organization engage in lobbying activities? If “Yes,* complete Schedule C, Part II + 4B Is the organization operating a school as described in section 170(b)(1)(A\(u)? If "Yes," coniptate Schedule E 49a Did the organization make any transfers to an exempt non-charitable related organization? 2 b If "Yes," was the related organization(s) a section 527 organwation? L490 | 50 Complete this table for the five highest compensated employees (other than officers, directors, trustees and key employees) who, each received more than $100, ‘of compensation from the organization. If there ts none, enter “None.” (D) Contributions} ‘oemployee {E) Expense benefit plans & | account and deterred other allowances compensation (b) Title and average hours | (c) Compensation (a) Name and adress of ach employee paid more per week devoted to ian $100, Position NONE Total number of other employees paid over $100,000 51 Complete this table for the five highest compensated independent contractors who each received more than $100,000 of compensation from the organization. If there ‘s none, enter “None." NONE ee ——_—__—_a) Name and address of each independent contractor paid more than $100,000 {b) Type of service {c) Compensation Total number of other sndeper ndent contactors, each te wing over $100, ‘Under penal I ns SENS SEIT a sistements, and io the best of my Knowledge gad Bole jc te Stfow) ta based on tl mannan whch propees hae coy whomiodge _| 4 (O-PO Date DA’ VID D WONG, PRESIDE NT Fype or print nano and Use Only “CROAK & COMPANY CPA'‘S Fam's name (or yours set-empioyes), 2175 N. CALIFORNIA BLVD., SUITE 775 Mensanduret " CALIFORNIA 94596-3574 fo. __925-295-9800 May the IRS discuss this return with the preparer shown above? See instruction Ye Ms Form 990-€2 (2008) eaaire ioe 5 19591116 139895 SFDSAFOUND 2008.05010 SAN FRANCISCO DEPUTY SHERIF SFDSAFO1EXHIBIT “G”aN "> Noy 194 Poe AAS, Cee § Short Form ° Return of Organization Exempt From Income Tax OMB No 1545-1150 . Form 990-EZ Under section 601(c), 627, or 4947(s)(1) af the aterm nal Revenue Code (except black lung benefit trust or a Srna | Meet seen meet serena oO | — pa intemal Revenue Service The wation ma} ‘inspection 4 For the 2009 Calendar year, or tax year beginning and ending B Chock « applicable | Website: » WWW. SFDS- FOUNDATION. OR J Tax-exempt status (check only one) — 501(c} )_ (insert no. K Check > [J ‘Or town, state Or country, a P+4 pektag SAN FRANCISCO, cA 94107 © Section 501(c)(3) organizations and 4947(a){1) nonexempt charitable trusts must attach a completed ‘Schedule A (Form 990 or 990-€Z). F Group Exemption Number D> Accounting method: LXJ Cash ‘Accrual Other (specity) > Lx] 4947(a)(1) or ¢ 91 990 ifthe organzation ts not a section 509(a)(3) supporting organization and its gross receipts are normally not more than $25,000. A Form 990-EZ or Form 990 return is not required, but # the organization chooses to fle a return, be sure to fle a complete return. L_Add lines Sb, 6b, and 7b, to ine 9 to determine gross receipts; if $500,000 or more, fle Form 990 instead of Form 980-EZ $ T3787. [Part 1 | Revenue, Expenses, and Changes in Net Assets or Fund Ba Jances (See the instructions for Part |.) Revenue Expenses Net Assets > aa Balance SI jects. a Total assets on line 25, column (B) are $1,250,000 or more, tle Form 990 instead of Form 90-EZ. 1 Contributions, gifts, grants, and simular amounts received 2 Program service revenue including government fees and contracts 3 Membership dues and assessments 4 Investment income 5a_ Gross amount {rom sale of assets other than inventory » Less: cost or other basis and sales expenses © Gain or (loss) from sale of assets other than inventory (Subtract line Sb from lme Sa) & Special events and activities (complete applicable parts of Schedule G). If any amount is from gaming, check here P| C4 a Gross revenue (not including $ of contributions Teported on tine 1) + b Less; direct expenses other than fundraising expenses ¢ Net income or (loss) from special events and activities (Subtract line 6b from tine 6a) 7a Gross sales of inventory, less returns and allowances b Less: cost of goods sold © Gross profit or (loss) from sales of inventory (Subtract line 7b from tine 7a) 8 Other revenue (describe D> 9__ Total revenue. Add lines 1, 2, 3, 4, 5c, 6c, 7c, and 8 > 10 Grants and similar amounts paid (attach schedule) ‘11 Benefits paid to or tor members 12 Salaries, other compensation, and employee 13 Professional fees and other payments to ind 14 Occupancy, rent, utilities, and maintenance 15 Printing, publications, postage, and shipping 16 Other expenses (describe D> QSEE STATEMENT 1 ) | 16 | 17 __ Total expenses. Add lines 10 through 16 fy ry 18 Excess or (defictt for the year (Subtract line {7 tromanes} 19 Net assets or fund balances at beginning of year (from ine 27, column (A) (must agree with end-of-year figure reported on prior year's return) a Other changes in net assets or fund balances (attach explanation) Net assets or fund balances at end of year. Combine lines 18 through 20 2 | | ° ale = ¥ the instructions for Part 1] (A) Beginning of year (B) End of year 22 Cash, savings, and investments . [3D , 194.22 w4T2. 23° Land and buildings po 2 24 Other assets (describe OTHER DEPRECIABLE ASSETS ) O | 24 1362. 25 Total assets 35, 194/25 22,834, 26 Total liabilities (describe p> SEE STATEMENT 2 ) 80 26] | T,333- ZY 27 _ Net assets or fund balances (line 27 of column (B) mustagree with ine 21 P32, 389. 27| ,ol. 6i 10 LHA For Privacy Act and Paperwork Reduction Act Notice, see the separate Instructions. Form 990-EZ (2009) 1 21411028 139895 SFDSAFOUND 2009.04011 SAN FRANCISCO DEPUTY SHERIF SFDSAFO1 \SAN FRAN@ CO DEPUTY SHERIFF'S ™ Form 990-£Z(2008)___ FOUNDATION ot 87554 Pages [Part VI] Section 501(c)(3) organizations and section 4947(a)(1) nonexempt charitable trusts only. All section 501(0)(3) * organmations and section 4947(a)(1) nonexempt chantable trusts must answer questions 46-49b and complete the tables for lines 50 ~ and 51. 46 Did the organwation engage in direct or indirect political campaign activities on behalf of or in ‘opposition to candidates for public office? If "Yes," complete Schedule C, Part | 47 Did the organization engage in lobbying activities? If “Yes,” complete Schedule C, Part It 48 Is the organization a school as described in section 170(b)(1)(A)(il)? If "Yes," complete Schedule E 49a_ Did the organization make any transfers to an exempt non-charitable related organization? b If"Yes," was the related organization a section 527 organwation? [ase [| 50 Complete this table for the organization's five highest compensated employees (other than officers, directors, trustees and key employees) who each received more than $100,000 of compensation from the organization. If there is none, enter ‘None.* (4) Contributions} toemployee | (6) Expense benefit plans & | account and deferred other allowances compensation (b) Title and average hours | (c) Compensation (a) Name and address of each employee paid more per week devoted to than $100,000 postion |__| ___ { Total number of other employees paid over $100,000 > __ 51 Complete this table for the organization's five highest compensated independent contractors who each received more than $100,000 of compensation from the organization. If there is none, enter “None.” NONE __{a) Name and address of each independent contractor paid more than $100,000 {b) Type of service (c) Compensation 4 Total number of other independent contractors each receiving over $100,000 >» nified this notice wb , ay, Crna hos L x DAVID WONG, PRESIDENTA ) @ OF print name and ti Preparer's signature >> ‘acluding accompanying schedules and statements, and to the Beat of my Knowledge and pall, Ws tie, ona nformnaion of wruch preparer has any Knowedge Laas Atte, (7 [ter Z Fen'stame (yous » CROR OMPANY CPA'S A sobempoyed), p2175 N. CALIFORNIA BLVD., SUITE 775 ists gz" CALIFORNIA 94596-3574 May the IRS discuss this return with the preparer shown above? See instructi Use Only Ni Form 990-€2 (2009) 32174 02-08-10 5 14241028 139895 SFDSAFOUND 2009.04011 SAN FRANCISCO DEPUTY SHERIF SFDSAFO1EXHIBIT “H”Ar Revenue ~ é OMB No_1545-0047 Return of Organization Exempt From Income Tax Under section 501(c), 527, or 4947(a){1) of the Internal Revenue Code (except black lung benefit trust or private foundation) > The organization may have to use a copy of this return to satisfy state reporting requirements rom 990 Oepartment of the Treasury Open to Public I ction Name of organization SAN FRANCISCO DEPUTY SHERIFF'S Jenange |_ FOUNDATION Cones. (Jit, | Number and street (or P.O. box if mails not delivered to street address) E Telephone number Cis" |_460 BRENNAN STREET 7650 41 [_JArers*s1 city or town, state or country, and ZIP + 4 C_Tiepic AN FRAN QO, CA 94107 H(a) Is this a group retum 444 - 6TH STREET, SAN FRANCISCO, CA 9410: H(b) Are all affiates included? [les No [xT sates) T_T] s01¢ )s4 (insert no.) 4947(a)(1) or L_] 527 If "No," attach a list (see instructions) H(c) Group exemption number Other 8 1 Briefly describe the organization's mission or most significant activities’ PROVIDE FINANCIAL PPORT AND. § PREVENTION PROGRAMS THAT SERVE THE POOR AND VULNERABLE CHILDREN AND € | 2 Check this box D> CI if the organization discontinued its operations or disposed of more than 25% of its net assets. s 3 3 Number of voting members of the governing body (Part Vi, line 1a) | 3 | 5 © ‘9 | 4 Number of independent voting members of the governing body (Part VI, line 1b) 4 5 @a B| 5 Totalnumber of individuals employed in calendar year 2010 (Part V, line 2a) 5 0 © | 6 Total number of volunteers (estimate if nacessary) 6 50 ts 3 7a Total unrelated business revenue from Part Vili, column (C), line 12 ta 47. XE * |__b Net unrelated business taxable mcome from Form 990-7, line 34 7b QO. 8 Contnbutions and grants (Part Vill, ine 1h) 9 Program service revenue (Part VIll, ine 2g) 40. Investment income (Part Vill, column (A), lines 3, 4, and 7d) 3 _ | 11. Other revenue (Part Vill, column (A), lines 5, 6d, Bc, Qc, 10c, and 116) __|12__ Total revenue - add lines 8 through 11 (must equal Part Vill, column (A), line 1: 437,687. 424,847. 43 Grants and similar amounts paid (Part IX, column (A), lines 1-3) 103,014. 165,070. 14 Benefits paid to or for members (Part IX, column (A), line 4) Qo. | 15 Salanes, other compensation, employee benefits. Be Oo. 3 16a Professional fundraising fees (P: 111,530. g b Total fundraising expenses (Party 17 Other expenses (Part IX, column, 85,514. Total expenses. Add lines 13-17 (hs Revenue less expenses Subtract Beginning of Current Ye End of Year BS| 20 Total assets (Part X, line 16) 21,469. 85,115. 21 Total abilities (Part X, line 26) 3. 1,583. Net assets or fund balances Subtract line 21 from line 20 v ‘ AY oc (fal t) iméture of officer Sign () Here DAVID WONG, PRESIDENT ‘Type or print name and title Print/Type preparer’s name Preparer’s signature Date oe Cy Pw Paid KEVIN J. CROAK L/15 / 11 | setemoone Preparer | Firm's name CROAK & COMPANY CPA'S Use Only | Firm'saddressy 2175 N. CALIFORNIA BLVD., SUITE 775 WALNUT CREEK, CA 94596 discuss this return with the preparer shown above? (see instructions) 092001 02-22-11 LHA For Paperwork Reduction Act Notice, see the separate instructions. Form 990 (2010) SEE SCHEDULE O FOR ORGANIZATION MISSION STATEMENT CONTINUATION wREXHIBIT “T”’r ~ JOHNA PECOTS. . SAN FRANCISCO DEPUTY SHERIFF'S 4 MOCIATION, et al 1 of 27 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN THE CITY AND COUNTY OF SAN FRANCISCO BEFORE THE HONORABLE LORETTA M. GIORGI, JUDGE LAW & MOTION DEPARTMENT 302 ---000--- JOHNA PECOT, PLAINTIFF, vs. CASE NO. CGC-10-501168 SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION, et al, DEFENDANT. REPORTER'S TRANSCRIPT OF PROCEEDINGS THURSDAY, JULY 7, 2011 CALIFORNIA GOVERNMENT CODE SECTION 69955 (a): "Any court, party, or person who has purchased a transcript may, without paying a further fee to the reporter, reproduce a copy or portion thereof as an exhibit pursuant to court order or rule, or for internal use, but SHALL NOT OTHERWISE PROVIDE OR SELL A COPY OR COPIES TO ANY OTHER PARTY OR PERSON." COURT REPORTER: KARLA K. ELLIS-DAVIS, CSR NO. 12998w nN uw ™~ JOHNA PECOT“ . SAN FRANCISCO DEPUTY SHERIFF'S AL SOCLATLON, et al 2 of 27 APPEARANCES: FOR PLAINTIFF: LAW OFFICES OF PAUL L. KRANZ BY: PAUL L. KRANZ 2560 NINTH STREET, STE 213 BERKELEY, CA 94710 FOR DEFENDANT: MURRAY & ASSOCIATES BY: MURRAY LAWRENCE D 1781 UNION STREET SAN FRANCISCO, CA 94123 ONGARO BURTT & LOUDERBACK LLP BY: ANDREW J. MAILHOT 595 MARKET ST, STE 610 SAN FRANCISCO, CA 94105 COURT REPORTER: KARLA K. ELLIS-DAVIS, CSR NO. 12998fe ™ JOHNA PECOT*.. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION, et al 3 of 27 PROCEEDINGS FOR THURSDAY, JULY 7, 2011 ---000--- THE COURT: Line 14. Johna Pecot versus San Francisco Deputy Sheriff's Association. MR. MURRAY: Good morning, your Honor. Lawrence Murray on behalf of the individual defendants who filed the SLAPP motion. THE COURT: All right. MR. KRANZ: Good morning, your Honor. Paul Kranz on behalf of plaintiffs and Johna Pecot, et al. MR. MAILHOT: Good morning, your Honor. Andrew Mailhot. THE COURT: Good morning everyone. This is on for defendant's special motion to strike under the anti-SLAPP statutes. The Court's tentative ruling was to deny that motion. The gravamen of the complaint is not based on protected free speech or petitioning activities. While I understand this arises from disputes between the Union members and members of the Board, the actual activities that are complained of are more in line with misappropriation of funds, things of that nature, and not the actual either forming of the Union or furtherance of actual Union activities. And so in light of that I'm going to allow defendant's counsel to argue first. MR. MURRAY: Your Honor, if I might, we did submit a statement of several objections. I believe in -- THE COURT: You did. And I am going to tell you this: They were not in proper form. And so on that basis I'm not going to rule on them. COURT REPORTER: KARLA K. ELLIS-DAVIS, CSR NO. 12998an wo JOHNA PECOT. SAN FRANCISCO DEPUTY SHERIFF'S A #OCIATION, et al 4 of 27 MR. MURRAY: Can I ask... THE COURT: Yeah. When you submit them, you need to submit the actual portions of the statements or the statements themselves. Much as were done frankly in the earlier ones -- which I did. I did take care of these. MR. MURRAY: Okay. THE COURT: And I am happy to give you my rulings on those. But then there was one; there was another set that was filed late. I got it late last night. But those weren't in correct form, so I'm not. But those I'm going to rule on. MR. MURRAY: The ones on June 3rd. THE COURT: Yes. So I will go ahead -- MR. MURRAY: Those are ours. THE COURT: I apologize. I will rule on those right now. Objection 1: Regarding the declaration of Richard Owyang in support at Paragraph 4, that is sustained. Number 2: The declaration of Mr. Owyang, Paragraph 5, it is sustained in part. I am sustaining as to the portion that starts with "detailing multiple irregularities, omissions as well as problems with the minutes of Board of Directors." Objection 3: Declaration of Mr. Owyang, Paragraph 6, is overruled. Number 4: Declaration of Richard Owyang, Paragraph 7, is