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FILED/ENDORSEO
1 BOUTIN JONES INC.
Maralee MacDonald SBN 208699 OCT - 3 2011
2 Kelley M. Lincoln SBN 221467
Gabrielle D. Boutin SBN 267308
3 555 Capitol Mall, Suite 1500 By: J. ROVER
SacramentD, CA 95814-4603 DEPUTYCLERK
4 Tel. (916)321-4444
Fax (916) 441-7597
5
Attorneys for Defendant and Cross-Complainant
6 Alka Jain, Personal Representative of the Estate of Satya Paul Jain
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8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SACRAMENTO
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11 RAVINDER K. JAIN, an individual, Case No.: 34-2009-00043502
12 DECLARATION OF ALKA JAIN IN
Plaintiff, SUPPORT OF MOTION TO DISSOLVE
13 vs. PRELIMINARY IINJUNCTlON
14 Date: October 26, 2011
ALKA JAIN, as Personal Repre.sentative Time: 9:00 a.m.
15 of THE ESTATE OF SATYA PAUL Dept.: 54
JAIN, and S. JAIN & R. JAIN, a Judge: Shelleyanne W.L. Chang
16 partnership,
17 Defendants.
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BY FAX
ALKA JAFN, as Personal Representative Date action filed: May 6, 2009
19 of THE ESTATE OF SATYA PAUL Trial date: December 5, 2011
JAIN,
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Cross-Complainant,
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RAVINDBR K. JAIN, an individual, and
23 ROES 1-50, inclusive,
24 Cross-Defendants.
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26 I, ALKA JAIN, declare as follows:
27 1. I am the Personal Representative of the Estate of Satya Paul Jain, defendant and cross-
28 complainant in the above-entitled action.
DECLARATION OF ALKA JAIN IN SUPPORT OF MOTION TO DISSOLVE
PRELIMINARY INJUNCTION
430810.1
1 2. On December 18, 1975, 1 married Satya Paul Jain ("Paul Jain"). We remained married
2 until his death.
3 3. Plaintiff Ravinder Jain and defendant Paul Jain were brothers and partners in a general
4 partnership called S. Jain & R. Jain ("the Partnership"). The Partnership operated a store under the
5 name Check Max Plus, which provided check cashing and other financial services. Paul Jain also
6 operated other non-partnership Check Max Plus stores as a sole-proprietor.
7 4. Paul Jain passed away on February 10, 2011.
8 5. On or about March 7, 2011,1 was appointed by the Superior Court of California, County of
9 Marin, as special administrator of Paul Jain's estate with the specific authorization to continue
10 operation of Paul Jain's unincorporated non-partnership business dba Check Max Plus, until the
11 appointment of a general personal representative of Paul Jain's estate was appointed, and to
12 incorporate, or form a limited liability company with, the unincorporated non-partnership business
13 Check Max Plus. 1 was appointed personal representative of Paul Jain's estate by the Superior
14 Court of California, County of Marin, on or about April 15, 2011.
15 6. On May 6, 2011, I tendered $29,115 payable, based upon the direction of Ravinder Jain's
16 attorney Ryan Wood, to the Downey Brand Client Trust Account for purposes of Ravinder Jain's
17 marshalling the Partnership's assets during winding up. The $29,115 represented 1/8"' of the
18 average daily balance between May 1, 2010 and July 1, 2010 per the banks' monthly analysis
19 statements of the U.S. Bank and Umpqua Bank accounts used in the Partnership and non-
20 partnership businesses, the second quarter 2010 Partnership net income before taxes, the third
21 quarter 2010 Partnership net income before taxes and the first quarter 2011 Partnership net income
22 before taxes.
23 7. Ravinder Jain closed the Partnership store on or about May 7, 2011 and to date, the
24 Partnership store remains closed.
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26 1 deciare under penalty of perjury under the laws ofthe State of California that the foregoing
27 is true and correct of my own personal knowledge except as to those matters stated under information
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DECLARATION OF ALKA JAIN IN SUPPORT OF MOTION TO DISSOLVE
PRELIMINARY INJUNCTION
130810.1
1 and belief, and as to those matters, I believe them to be true. Executed this day of October3 . 2011,
2 at Novato, CaUfomia.
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Alka Jain
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DECLARATION OF ALKA JAIN IN SUPPORT OF MOTION TO DISSOLVE
PRELIMINARY INJUNCTION
430810.1
PROOF OF SERVICE
[CCP §1013,1013a]
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Ravinder Jain v. Satya Paul Jain, et al.
3 Sacramento County Superior Court Case No. 34-2009-00043502
4 The undersigned declares:
5 I am employed in the County of Sacramento, State of Califomia. I am over the age of 18
years and not a party to the within action; I am employed by Boutin Jones Inc., 555 Capitol Mall,
6 Suite 1500, Sacramento, California 95814-4603.
7 On this date I served the foregoing document described as:
8 DECLARATION OF ALKA JAIN IN SUPPORT OF MOTION TO DISSOLVE
PRELIMINARY INJUNCTION
9
on all parties in said action by causing a true copy thereof to be
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[ ] Transmitted Via Facsimile to the fax nuniber set forth below before 5:00 p.m. on this
11 date
[ ] Placed in a sealed envelope with postage thereon fully prepaid in the designated area
12 for outgoing mail, as indicated below.
pCj Personally delivered by COURIER to the address set foith below.
13 [ ] Delivered personally to the address set forth below
•[ ] Sent Via Ovemight Delivery by depositing in/at the appropriate facility for said
14 service
15 addressed to the person(s) on whom it is to be served, whose name(s) and address(es) are listed
below:
16
Ryan Wood Kevin M. Seibert
17 Downey Brand LLP Dov/ney Brand LLP
621 Capitol Mall, 18th Floor 3425 Brookside Road, Ste A,
18 Sacramento, CA 95814 Stockton, CA 95219-1757
19 I declare under penalty of perjury under the laws of the State of California that the foregoing
is tme and correct.
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EXECUTED on October 3,2011, at Sacramento, Califomia.
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DECLARATION OF ALKA JAIN IN SUPPORT OF MOTION TO DISSOLVE
PRELIMINARY INJUNCTION
430810.1
Preview
FILED/ENDORSEO 1 BOUTIN JONES INC. Maralee MacDonald SBN 208699 OCT - 3 2011 2 Kelley M. Lincoln SBN 221467 Gabrielle D. Boutin SBN 267308 3 555 Capitol Mall, Suite 1500 By: J. ROVER SacramentD, CA 95814-4603 DEPUTYCLERK 4 Tel. (916)321-4444 Fax (916) 441-7597 5 Attorneys for Defendant and Cross-Complainant 6 Alka Jain, Personal Representative of the Estate of Satya Paul Jain 7 8 SUPERIOR COURT OF CALIFORNIA 9 COUNTY OF SACRAMENTO 10 11 RAVINDER K. JAIN, an individual, Case No.: 34-2009-00043502 12 DECLARATION OF ALKA JAIN IN Plaintiff, SUPPORT OF MOTION TO DISSOLVE 13 vs. PRELIMINARY IINJUNCTlON 14 Date: October 26, 2011 ALKA JAIN, as Personal Repre.sentative Time: 9:00 a.m. 15 of THE ESTATE OF SATYA PAUL Dept.: 54 JAIN, and S. JAIN & R. JAIN, a Judge: Shelleyanne W.L. Chang 16 partnership, 17 Defendants. 18 BY FAX ALKA JAFN, as Personal Representative Date action filed: May 6, 2009 19 of THE ESTATE OF SATYA PAUL Trial date: December 5, 2011 JAIN, 20 Cross-Complainant, 21 22 RAVINDBR K. JAIN, an individual, and 23 ROES 1-50, inclusive, 24 Cross-Defendants. 25 26 I, ALKA JAIN, declare as follows: 27 1. I am the Personal Representative of the Estate of Satya Paul Jain, defendant and cross- 28 complainant in the above-entitled action. DECLARATION OF ALKA JAIN IN SUPPORT OF MOTION TO DISSOLVE PRELIMINARY INJUNCTION 430810.1 1 2. On December 18, 1975, 1 married Satya Paul Jain ("Paul Jain"). We remained married 2 until his death. 3 3. Plaintiff Ravinder Jain and defendant Paul Jain were brothers and partners in a general 4 partnership called S. Jain & R. Jain ("the Partnership"). The Partnership operated a store under the 5 name Check Max Plus, which provided check cashing and other financial services. Paul Jain also 6 operated other non-partnership Check Max Plus stores as a sole-proprietor. 7 4. Paul Jain passed away on February 10, 2011. 8 5. On or about March 7, 2011,1 was appointed by the Superior Court of California, County of 9 Marin, as special administrator of Paul Jain's estate with the specific authorization to continue 10 operation of Paul Jain's unincorporated non-partnership business dba Check Max Plus, until the 11 appointment of a general personal representative of Paul Jain's estate was appointed, and to 12 incorporate, or form a limited liability company with, the unincorporated non-partnership business 13 Check Max Plus. 1 was appointed personal representative of Paul Jain's estate by the Superior 14 Court of California, County of Marin, on or about April 15, 2011. 15 6. On May 6, 2011, I tendered $29,115 payable, based upon the direction of Ravinder Jain's 16 attorney Ryan Wood, to the Downey Brand Client Trust Account for purposes of Ravinder Jain's 17 marshalling the Partnership's assets during winding up. The $29,115 represented 1/8"' of the 18 average daily balance between May 1, 2010 and July 1, 2010 per the banks' monthly analysis 19 statements of the U.S. Bank and Umpqua Bank accounts used in the Partnership and non- 20 partnership businesses, the second quarter 2010 Partnership net income before taxes, the third 21 quarter 2010 Partnership net income before taxes and the first quarter 2011 Partnership net income 22 before taxes. 23 7. Ravinder Jain closed the Partnership store on or about May 7, 2011 and to date, the 24 Partnership store remains closed. 25 26 1 deciare under penalty of perjury under the laws ofthe State of California that the foregoing 27 is true and correct of my own personal knowledge except as to those matters stated under information 28 -2- DECLARATION OF ALKA JAIN IN SUPPORT OF MOTION TO DISSOLVE PRELIMINARY INJUNCTION 130810.1 1 and belief, and as to those matters, I believe them to be true. Executed this day of October3 . 2011, 2 at Novato, CaUfomia. 3 4 Alka Jain 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF ALKA JAIN IN SUPPORT OF MOTION TO DISSOLVE PRELIMINARY INJUNCTION 430810.1 PROOF OF SERVICE [CCP §1013,1013a] 2 Ravinder Jain v. Satya Paul Jain, et al. 3 Sacramento County Superior Court Case No. 34-2009-00043502 4 The undersigned declares: 5 I am employed in the County of Sacramento, State of Califomia. I am over the age of 18 years and not a party to the within action; I am employed by Boutin Jones Inc., 555 Capitol Mall, 6 Suite 1500, Sacramento, California 95814-4603. 7 On this date I served the foregoing document described as: 8 DECLARATION OF ALKA JAIN IN SUPPORT OF MOTION TO DISSOLVE PRELIMINARY INJUNCTION 9 on all parties in said action by causing a true copy thereof to be 10 [ ] Transmitted Via Facsimile to the fax nuniber set forth below before 5:00 p.m. on this 11 date [ ] Placed in a sealed envelope with postage thereon fully prepaid in the designated area 12 for outgoing mail, as indicated below. pCj Personally delivered by COURIER to the address set foith below. 13 [ ] Delivered personally to the address set forth below •[ ] Sent Via Ovemight Delivery by depositing in/at the appropriate facility for said 14 service 15 addressed to the person(s) on whom it is to be served, whose name(s) and address(es) are listed below: 16 Ryan Wood Kevin M. Seibert 17 Downey Brand LLP Dov/ney Brand LLP 621 Capitol Mall, 18th Floor 3425 Brookside Road, Ste A, 18 Sacramento, CA 95814 Stockton, CA 95219-1757 19 I declare under penalty of perjury under the laws of the State of California that the foregoing is tme and correct. 20 EXECUTED on October 3,2011, at Sacramento, Califomia. 21 22 23 24 25 26 27 28 -4- DECLARATION OF ALKA JAIN IN SUPPORT OF MOTION TO DISSOLVE PRELIMINARY INJUNCTION 430810.1