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Féb.25.‘2021 11:54AM v y No.6277 P. 16/18
David M. Shaby II, Esq. (97871)
dshaby@shabyandassociates.com
H
Q
R. Chrlstopher Harshman, Esq.
S%%%m$5ggg%§ (33E CALIFORN A
(248214) SAN BERNARDINO
Rfiserrfifio
charshman@shabyandassociates.com H ‘
DAVID M. SHABY II 8c ASSOCIATES, APC {-753 L;
11949Jefferson Boulevard, Suite 104 9 2021
Culver City, California 90230
Telephpne: 827-7171 BY
E310; .
Fac31mlle: 310 822-8529
UL ANA MARIS
Attomglsfar Defendant and Cross— Complainant Sandy Acosta AL DEPUW
SUPERIOR COURT 0F CALIFORNIA
COUNTY 0F SAN BERNARDINO
10 Jetcruzer International, LLC, Case no. CIVDSI930132
11
Plaintiff) Assigned to the Hon. Tom Garza, Dept. 827
12
vs '
FURTHER DECLARATION 0F R. CHRISTOPHER
HARSHMAN IN SUPPORT 0F MOTIONS T0
13 Sandy Acosta, et a1, COMPEL FURTHER RESPONSES
'
14 Date: March 3, 2021
Defendants‘
Time: 9:00 am.
15 And Related Cross-Complaint Department: 827
16 Complaint filed: October 8, 2019
Trial date: February 7, 2022
17
18 1. I am an attorney, duly licensed to practice law before all courts of the State ofCalifornia,
19 and of counsel for David M. Shaby II 8c Associates, APC, attorneys of record for Defendant and Cross-
20 Complainant Sandy Acosta (“Acosta”) in this action. Ihave personal knowledge of the following facts
21 except to those stated on information and belief, and as t0 those facts, Ibelieve them to be true. If called
22 fipon to testify, I could and would testify competently to the facts set
forth in this Declaration.
23 2. On January 6, 2021, I was temporarily in Chesterfield, Missouri visiting family. While
24 there I executed my Declaration of R. Christopher Harshman in Support of Motions to Compel Further
25 Responses (the “Jan. 6 Declaration "). Although Iinadvertently
did not include the words “under the
26 laws of the State of California, ” as an ofl'lcer of this Court
and as an attorney licensed in the State of
'
27 California since 2007, I knew at all relevant times that “the act [of executing that
Jan. 6 Declaration]
28 triggers Califronia law” (Kulshrextha v. First Union Commercial Cam (2004) 33 Ca1.4th 601, 611) and by
1
Fu RTHER DECLARATION 0F R. CHRISTOPHER HARSHMAN
Féb.25.éo21 11:55AM x, x, No.6277 P. 17/18
identifying myself as an attorney licensed in California, filing a declaration in a lawsuit in which I was of
counsel for the law firm attorneys of record for defendant and cross—complainant (Jan. 6 Declaration,
Q] 1), I was invoking such law. (Id.)
3. Lest there be any remaining ambiguity, I state here for the record that myJan. 6
Declaration was executed under the laws of the State ofCalifornia, and, to the extent necessary, hereby
incorporate by reference thatJan. 6 Declaration, all of the statements of fact therein and exhibits
attached thereto, into this document, executed within the State of California, as if fully set forth herein.
4. Ibelieve this Further Declaration to be supplemental to my Jan. 6 Declaration; intend for
it to simply clarify that declaration, and to “fill[] gaps in the evidence created by the [plaintiff’ s]
”
10 opposition, as contemplated by, e.g., RGC Gaslamp, LLC v. Ehmc/ee SheetMetal Co.) Inc. (2020) 56
11 Ca1.App.5th 413, 431-432 [quoting Jay v. Mahafiry (2013) 218 Cal.App.4th 1522, 1537:1538].
12 I declare under penalty of perjury that the foregoing is true and correct. Executed this 24th day
13 ofFebruary, 2021, in Culver City, California, under the laws of the State of California.
14 Ir”
”w u w...
Mristopher Harshman, Esq.
15 Electronically signed pursuant to Civ. Code § 1633.7(d)
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FURTHER DECLARATION 0F R. CHRISTOPHER HARSHMAN
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Féb.25.‘2021 11:54AM v y No.6277 P. 16/18 David M. Shaby II, Esq. (97871) dshaby@shabyandassociates.com H Q R. Chrlstopher Harshman, Esq. S%%%m$5ggg%§ (33E CALIFORN A (248214) SAN BERNARDINO Rfiserrfifio charshman@shabyandassociates.com H ‘ DAVID M. SHABY II 8c ASSOCIATES, APC {-753 L; 11949Jefferson Boulevard, Suite 104 9 2021 Culver City, California 90230 Telephpne: 827-7171 BY E310; . Fac31mlle: 310 822-8529 UL ANA MARIS Attomglsfar Defendant and Cross— Complainant Sandy Acosta AL DEPUW SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SAN BERNARDINO 10 Jetcruzer International, LLC, Case no. CIVDSI930132 11 Plaintiff) Assigned to the Hon. Tom Garza, Dept. 827 12 vs ' FURTHER DECLARATION 0F R. CHRISTOPHER HARSHMAN IN SUPPORT 0F MOTIONS T0 13 Sandy Acosta, et a1, COMPEL FURTHER RESPONSES ' 14 Date: March 3, 2021 Defendants‘ Time: 9:00 am. 15 And Related Cross-Complaint Department: 827 16 Complaint filed: October 8, 2019 Trial date: February 7, 2022 17 18 1. I am an attorney, duly licensed to practice law before all courts of the State ofCalifornia, 19 and of counsel for David M. Shaby II 8c Associates, APC, attorneys of record for Defendant and Cross- 20 Complainant Sandy Acosta (“Acosta”) in this action. Ihave personal knowledge of the following facts 21 except to those stated on information and belief, and as t0 those facts, Ibelieve them to be true. If called 22 fipon to testify, I could and would testify competently to the facts set forth in this Declaration. 23 2. On January 6, 2021, I was temporarily in Chesterfield, Missouri visiting family. While 24 there I executed my Declaration of R. Christopher Harshman in Support of Motions to Compel Further 25 Responses (the “Jan. 6 Declaration "). Although Iinadvertently did not include the words “under the 26 laws of the State of California, ” as an ofl'lcer of this Court and as an attorney licensed in the State of ' 27 California since 2007, I knew at all relevant times that “the act [of executing that Jan. 6 Declaration] 28 triggers Califronia law” (Kulshrextha v. First Union Commercial Cam (2004) 33 Ca1.4th 601, 611) and by 1 Fu RTHER DECLARATION 0F R. CHRISTOPHER HARSHMAN Féb.25.éo21 11:55AM x, x, No.6277 P. 17/18 identifying myself as an attorney licensed in California, filing a declaration in a lawsuit in which I was of counsel for the law firm attorneys of record for defendant and cross—complainant (Jan. 6 Declaration, Q] 1), I was invoking such law. (Id.) 3. Lest there be any remaining ambiguity, I state here for the record that myJan. 6 Declaration was executed under the laws of the State ofCalifornia, and, to the extent necessary, hereby incorporate by reference thatJan. 6 Declaration, all of the statements of fact therein and exhibits attached thereto, into this document, executed within the State of California, as if fully set forth herein. 4. Ibelieve this Further Declaration to be supplemental to my Jan. 6 Declaration; intend for it to simply clarify that declaration, and to “fill[] gaps in the evidence created by the [plaintiff’ s] ” 10 opposition, as contemplated by, e.g., RGC Gaslamp, LLC v. Ehmc/ee SheetMetal Co.) Inc. (2020) 56 11 Ca1.App.5th 413, 431-432 [quoting Jay v. Mahafiry (2013) 218 Cal.App.4th 1522, 1537:1538]. 12 I declare under penalty of perjury that the foregoing is true and correct. Executed this 24th day 13 ofFebruary, 2021, in Culver City, California, under the laws of the State of California. 14 Ir” ”w u w... Mristopher Harshman, Esq. 15 Electronically signed pursuant to Civ. Code § 1633.7(d) 16 17 18 19 20 21 22 23 24 25 26 27 28 2 FURTHER DECLARATION 0F R. CHRISTOPHER HARSHMAN