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David M. Shaby II, Esq. (97871) SUPERuoRFcolukTEF cDAuFORMA
dshab @shabyandassociates.com Csofifiggghffig’f'figmmmo
’
'
'STR'CT
R. Chnstopher Harshman, Esq. (248214)
charshman@shabyandassociates.com MAY 2 6 2021
DAVID M. SHABY II 8c ASSOCIATES, APC
11949 Jefferson Boulevard, Suite 104
Culver City, California 90230 By
Telephone: 827-7171 ELISABE H MART,
E310; EPUTY
Facsmile: 310 822—8529
Attorneysfin' Defendant and Cross-Complainant Sandy Acosta
and Defendants Marvin J. Guzman and Ulises A. Zepeda
SUPERIOR COURT 0F CALIFORNIA
COUNTY 0F SAN BERNARDINO
1o Jetcruzer International, LLC, Case no. CIVDSl930132
Assigned to the Hon. Tom Garza, Dept. $27
11 Plaintiff,
DECLARATION 0F R. CHRISTOPHER
12 VS '
HARSHMAN 1N SUPPORT 0F DEMURRER AND
13
MOTION T0 DISMISS
Sandy Acosta, er a1,
Date: July 7, 2021
14 Defendants'
Time: 9:00 a.m.
Fax
1s And Related Cross—Complaint Department: 827
Complaint filed: October 8, 2019
By 16
Trial date: February 7, 2022
17
18 I, R. Christopher Harshman, declare as follows:
19 1. I am an attorney, duly licensed to practice law before all courts of the State of California,
20 and of counsel for David M. Shaby II 8c Associates, APC, attorneys of record for Defendant and Cross-
21 Complainant Sandy Acosta and Defendants Marvin J. Guzman and Ulises A. Zepeda in this action. I
22 have personal knowledge of the following facts except to those stated 0n information and belief, and as
23 to those facts, I believe them to be true. If called upon to testify, I could and would testify competently
24 to the facts set forth in this Declaration.
25 2. According to the documents filed by plaintiffjetcruzer International, LLC (“Jetcruzer”)
26 complaint was amended on or about October '13, 2020 to insert defendant
in this matter, Jctcruzer’s
27 Marvin J. Guzman (“Guzman”) in place of DOE 1, and Mr. Guzman was personally served on March
28 15, 2021.
1
DECLARATION IN SUPPORT OF MOTION TO STRIKE AND DEMURRER
3. According to the documents filed by Jetcruzer in this matter, Jetcruzer’s complaint was
amended on or about October 13, 2020 to insert defendant Ulises A. Zepeda (“Zepeda”) in place of
DOE 2, and Mr. Zepeda was personally served on March 16, 2021.
4. On March 23, 2021, I sent a “meet and confer” letter to attorneys Angelica Samaniego
(“Samaniego”) and Grant Reader (“Reader”) at Varner 8c Brandt LLP (“Jetcruzer’s Counsel”),
raising the issues set forth in the instant Demurrer and Motion to Strike. A true and correct copy ofthat.
correspondence is attached hereto as Exhibit A.
5. On March 24, 2021, I received an email from Samantha Sobarzo, Ms. Samaniego’s
assistant, advising that Jetcruzer would grant Messrs. Guzman and Zepeda ten additional days to
10 respond to the summons and complaint. On April 15, 2021, Ms. Samaniego wrote, in relevant part:
11 “Are you available to discuss tomorrow re Demurrer/Motion to Strike? When is your answer/response
”
12 due? If you need an additional two weeks you can get that. A true and correct copy of the email thread
13 containing that extension is attached hereto as Exhibit B.
Apn'l 26,
14 6. Iconferred telephonically with Ms. Samaniego on April 16, 2021, and again on
15 2021. Although Jetcruzer was willing to concede on certain points (for instance, the lack of sufficient
16 allegations as to Messers. Zepeda and Guzman concerning the first two causes of action for economic
17 interference, and the lack of privity as to these defendants in the breach of contract related causes of
demurrer and motion to strike would be required as to those points on which the parties could
18 action), a
19 not agree.
20 7. On. April 30, 2021, I received correspondence from Ms. Samaniego summarizing our
21 meet and confer efforts and our impasse; a true and correct copy of this correspondence is attached
22 hereto as Exhibit C.
23 8. Also on April 30, 2021, I engaged in an email exchange with Ms. Samaniego regarding
24 that correspondence, a true and correct copy ofwhich is attached hereto as Exhibit D.
On April 16, 2021, as I had discussed with Ms. Samaniego I would do, I filed and served a
25 9.
26 Declaration of Demurring or Moving Party in Support of Automatic Extension, extending the deadline
27 for Messers. Guzman and Zepeda to respond to the complaint to May 28, 2021. A true and correct copy
28 ofthis declaration (less the documents attachments thereto, which are attached hereto
as Exhibits A and
2
DECLARATION IN SUPPORT 0F MOTION To STRIKE AND DEMURRER
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David M. Shaby II, Esq. (97871) SUPERuoRFcolukTEF cDAuFORMA dshab @shabyandassociates.com Csofifiggghffig’f'figmmmo ’ ' 'STR'CT R. Chnstopher Harshman, Esq. (248214) charshman@shabyandassociates.com MAY 2 6 2021 DAVID M. SHABY II 8c ASSOCIATES, APC 11949 Jefferson Boulevard, Suite 104 Culver City, California 90230 By Telephone: 827-7171 ELISABE H MART, E310; EPUTY Facsmile: 310 822—8529 Attorneysfin' Defendant and Cross-Complainant Sandy Acosta and Defendants Marvin J. Guzman and Ulises A. Zepeda SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SAN BERNARDINO 1o Jetcruzer International, LLC, Case no. CIVDSl930132 Assigned to the Hon. Tom Garza, Dept. $27 11 Plaintiff, DECLARATION 0F R. CHRISTOPHER 12 VS ' HARSHMAN 1N SUPPORT 0F DEMURRER AND 13 MOTION T0 DISMISS Sandy Acosta, er a1, Date: July 7, 2021 14 Defendants' Time: 9:00 a.m. Fax 1s And Related Cross—Complaint Department: 827 Complaint filed: October 8, 2019 By 16 Trial date: February 7, 2022 17 18 I, R. Christopher Harshman, declare as follows: 19 1. I am an attorney, duly licensed to practice law before all courts of the State of California, 20 and of counsel for David M. Shaby II 8c Associates, APC, attorneys of record for Defendant and Cross- 21 Complainant Sandy Acosta and Defendants Marvin J. Guzman and Ulises A. Zepeda in this action. I 22 have personal knowledge of the following facts except to those stated 0n information and belief, and as 23 to those facts, I believe them to be true. If called upon to testify, I could and would testify competently 24 to the facts set forth in this Declaration. 25 2. According to the documents filed by plaintiffjetcruzer International, LLC (“Jetcruzer”) 26 complaint was amended on or about October '13, 2020 to insert defendant in this matter, Jctcruzer’s 27 Marvin J. Guzman (“Guzman”) in place of DOE 1, and Mr. Guzman was personally served on March 28 15, 2021. 1 DECLARATION IN SUPPORT OF MOTION TO STRIKE AND DEMURRER 3. According to the documents filed by Jetcruzer in this matter, Jetcruzer’s complaint was amended on or about October 13, 2020 to insert defendant Ulises A. Zepeda (“Zepeda”) in place of DOE 2, and Mr. Zepeda was personally served on March 16, 2021. 4. On March 23, 2021, I sent a “meet and confer” letter to attorneys Angelica Samaniego (“Samaniego”) and Grant Reader (“Reader”) at Varner 8c Brandt LLP (“Jetcruzer’s Counsel”), raising the issues set forth in the instant Demurrer and Motion to Strike. A true and correct copy ofthat. correspondence is attached hereto as Exhibit A. 5. On March 24, 2021, I received an email from Samantha Sobarzo, Ms. Samaniego’s assistant, advising that Jetcruzer would grant Messrs. Guzman and Zepeda ten additional days to 10 respond to the summons and complaint. On April 15, 2021, Ms. Samaniego wrote, in relevant part: 11 “Are you available to discuss tomorrow re Demurrer/Motion to Strike? When is your answer/response ” 12 due? If you need an additional two weeks you can get that. A true and correct copy of the email thread 13 containing that extension is attached hereto as Exhibit B. Apn'l 26, 14 6. Iconferred telephonically with Ms. Samaniego on April 16, 2021, and again on 15 2021. Although Jetcruzer was willing to concede on certain points (for instance, the lack of sufficient 16 allegations as to Messers. Zepeda and Guzman concerning the first two causes of action for economic 17 interference, and the lack of privity as to these defendants in the breach of contract related causes of demurrer and motion to strike would be required as to those points on which the parties could 18 action), a 19 not agree. 20 7. On. April 30, 2021, I received correspondence from Ms. Samaniego summarizing our 21 meet and confer efforts and our impasse; a true and correct copy of this correspondence is attached 22 hereto as Exhibit C. 23 8. Also on April 30, 2021, I engaged in an email exchange with Ms. Samaniego regarding 24 that correspondence, a true and correct copy ofwhich is attached hereto as Exhibit D. On April 16, 2021, as I had discussed with Ms. Samaniego I would do, I filed and served a 25 9. 26 Declaration of Demurring or Moving Party in Support of Automatic Extension, extending the deadline 27 for Messers. Guzman and Zepeda to respond to the complaint to May 28, 2021. A true and correct copy 28 ofthis declaration (less the documents attachments thereto, which are attached hereto as Exhibits A and 2 DECLARATION IN SUPPORT 0F MOTION To STRIKE AND DEMURRER