On May 25, 2021 a Complaint,Petition was filed involving a dispute between Nguyen, Phuong T. P.O. Box, and Azam, Abdul, Azam, Zameer Riaz, Berger, Chaska, Borovina, Michael, Breed, London, Choi, Jennifer Eunjin, City And County Of San Francisco, City Of San Francisco, Coaker, William J., Crashpadz Inc, Dc Crashpad, Llc, Does 1 Through 100, Excalibur Trading Llc, Guaiumi, Jim, Guy, Kevin, Jain, Sharad, Masry, Omar M, Mayor Of San Francisco, Miyamoto, Paul M., Pacific Gas And Electric Company, Pg & E Corporation, Rahaim, John, Recology East Bay, Recology Sunset Scavenger, Ruiz, Juan S., San Francisco Public Utilities Commission, Sfc Crashpad Llc, Sf Crashpadz Llc, Sfo Crashpad Llc, Tam, Tina T., Teague, Corey, Teague, Cory A., The San Francisco Public Utilities Commission, Voelker, Jason Paul, Patterson, Ryan James, for FRAUD in the District Court of San Francisco County.
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1 DAVID CHIU, State Bar #189542 City Attorney 2 MEREDITH B. OSBORN, State Bar #250467 ELECTRONICALLY Chief Trial Deputy FILED 3 NATASSIA KWAN, State Bar #294322 Superior Court of California, County of San Francisco Deputy City Attorney 4 Fox Plaza 03/08/2023 1390 Market Street, Sixth Floor Clerk of the Court 5 San Francisco, California 94102-5408 BY: EDNALEEN ALEGRE Deputy Clerk Telephone: (415) 554-4272 6 Facsimile: (415) 554-3837 E-Mail: natassia.kwan@sfcityatty.org 7 Attorneys for Specially Appearing Defendants1 8 Jennifer Choi and Corey Teague 9 SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 COUNTY OF SAN FRANCISCO 11 UNLIMITED JURISDICTION 12 PHUONG T. NGUYEN, Case No. CGC-21-591803 13 Plaintiff, DECLARATION OF NATASSIA KWAN IN 14 SUPPORT OF DEMURRER TO FIRST vs. AMENDED COMPLAINT ON BEHALF OF 15 SPECIALLY APPEARING DEFENDANTS LONDON BREED; JENNIFER CHOI AND COREY TEAGUE 16 MAYOR OF SAN FRANCISCO; CITY OF SAN FRANCISCO; Hearing Date: March 30, 2023 17 PG & E Corporation; Pacific Gas Hearing Dept.: 302 and Electric Company, a Corporation; Time: 9:30 a.m. 18 RECOLOGY EAST BAY, a Corporation; Recology Sunset Scavenger, a business 19 form unknown; SAN FRANCISCO PUBLIC Date Action Filed: May 25, 2021 UTITLITIES COMMISSION; PAUL M. Trial Date: Not Set 20 MIYAMOTO aka San Francisco County Sheriff; Zameer Riaz Azam; Abdul Azam; Attached Documents: Notice of Demurrer to First 21 Jason Paul Voelker; Juan S. Ruiz aka Juan Amended Complaint; Memorandum of Points and Salvador Ruiz; SHARAD JAIN; CRASHPAD Authorities in support of Demurrer; [Proposed] 22 LLC; CRASHPADZ INC; EXCALIBUR Order Sustaining Demurrer; Declaration of B. TRADING LLC; SF CRASHPAD LLC; SF Cauley in support of Demurrer; Request for Judicial 23 CRASHPADZ LLC; SFC CRASHPAD LLC; Notice SFO CRASHPAD LLC; DC CRASHPAD, 24 LLC; COREY A. TEAGUE; RYAN JAMES PATTERSON; 25 JENNIFER EUNJIN CHOI; TINA T. TAM; WILLIAM J. COAKER; 26 MICHAEL J. BOROVINA JR.; and DOES 1 through 100, 27 Defendants. 28 1 KWAN DECL ISO DEMURRER TO FAC; Case No. CGC-21-591803 n:\lit\li2021\210916\01661272.docx 1 I, Natassia Kwan, declare as follows: 2 1. I am an attorney admitted to practice law in the State of California and before this 3 Court. I am employed as a Deputy City Attorney with the Office of the City Attorney for the City and 4 County of San Francisco (“CCSF”). I was assigned to represent the Defendants in the above- 5 captioned litigation: Specially Appearing Defendants1 Jennifer Choi and Corey Teague. 6 2. The information contained in this declaration is true of my own personal knowledge, 7 unless stated otherwise, and if called upon to do so, I could and would competently testify thereto. 8 3. On Friday, June 18, 2021, I spoke by telephone with Plaintiff Faith Nguyen. I informed 9 her that the CCSF planned to move to demur to Plaintiffs’ complaint because Plaintiff had not filed a 10 Government Claim as required by the Government Claims Act; Plaintiff’s claim for Conspiracy was 11 fatally uncertain and does not state a cause of action; and her claim for a Temporary Restraining Order 12 was improper as it is filed in the wrong department. On the telephone call, we did not reach an 13 agreement regarding the City’s objections to be raised in the demurrer. I told Plaintiff Ms. Nguyen it 14 was her decision if she wanted to amend her Complaint. 15 4. On February 21, 2023 (given the weekend and Presidents Day holiday on February 20, 16 2023), I called Plaintiff to provide notice that the City would be filing a demurrer to her First 17 Amended Complaint, and left a voicemail regarding the legal grounds in the City Defendants’ 18 demurrer. In that voicemail, I referenced the prior meet and confer efforts completed in June 2021 19 with Plaintiff, and also outlined the City Defendants’ legal defenses to Plaintiffs’ demurrer. 20 /// 21 /// 22 /// 23 /// 24 /// 25 26 1 As set forth in the Memorandum of Points & Authorities in Support of the Demurrer to the First Amended Complaint, Specially Appearing Defendants Jennifer Choi and Corey Teague contest the 27 improper attempted service of the Summons and First Amended Complaint, and reserve all objections and waive none, based in part on the fact that they were not personally served and/or were not served 28 at the proper location, and thus request dismissal based on improper service. 2 KWAN DECL ISO DEMURRER TO FAC; Case No. CGC-21-591803 n:\lit\li2021\210916\01661272.docx 1 5. To date, Plaintiff has not amended the claims in the First Amended Complaint based on 2 the legal defenses explained by counsel for the City Defendants in the June 2021 and February 2023 3 calls. Thus, this demurrer is timely and appropriate. 4 6. I declare under penalty of perjury under the laws of the State of California that the 5 foregoing is true and correct of my own personal knowledge, except where indicated otherwise, and 6 that this declaration was executed on March 8, 2023, at San Francisco, California. 7 8 _____________________________________ NATASSIA KWAN 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 KWAN DECL ISO DEMURRER TO FAC; Case No. CGC-21-591803 n:\lit\li2021\210916\01661272.docx