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x, ORIGINAL V
FILED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN BERNARDINO
SAN BERNARDINO DISTRICT
David M. Shaby II, Esq. (97871)
dshaby@shabyandassociates.com JUN 2 3 2021
R. Chrlstopher Harshman, Esq. (248214)
charshman@shabyandassociates.com ‘
DAVID M. SHABY II & ASSOCIATES, APC BY ml
11949Jefferson Boulevard, Suite 104 MARIAMA PERRYMA y
DEPUTY
Culver City, California 90230
Telephone: (310) 827-7171
Facsimile: (310) 822-8529
Attorneysfor Defendants and Cross— Complainant
SUPERIOR COURT 0F CALIFORNIA
GE'IH
COUNTY 0F SAN BERNARDINO
10 Ietcruzer International, LLC, Case n0. CIVD31930132
Assigned to the Hon. Tom Garza, Dept. $27
11 Plaintiff $ A8
DECLARATION 0F R. CHRISTOPHER
12 VS.
HARSHMAN REGARDING MEET AND CONFER
13 Sandy Acosta, et a1,
EFFORTS AND “JOINT STIPULATION 3)
XV:|
Date: June 30, 2021
14 Defendants.
Time: 8:30 a.m.
15 And Related Cross—Complaint Department: $27
Complaint filed: October 8, 2019
16
Trial date: February 7, 2022
17
18 1. I am an attorney, duly licensed to practice law before all courts of the State of California,
19 and of counsel for David M. Shaby II & Associates, APC, attorneys of record for defendant and cross-
20 complainant Sandy Acosta (“Acosta”) and defendants Marvin]. Guzman and Ulises A. Zepeda in this
21 action. I have personal knowledge ofthe following facts except to those stated on information and belief,
22 and as to those facts, I believe them to be true. If called upon to testify, I could and would testify
23 competently to the facts set forth in this Declaration.
24 2. The afternoon oprril 23, 2021, I had an approximately 1.5 hour telephone conversation
25 with attorney Grant Reader ofVarner 8c Brandt LLP (“Reader”), counsel for plaintiff and cross-
26 defendantJetCruzer International, LLC (“JetCruzer”) and cross—defendant Farrar Aerospace LLC
27 (“Farrar Aerospace”), during which we spoke at some length about the instant issues.
28
1
DECLARATION 0F R. CHRISTOPHER HARSHMAN RE MEET AND CONFER EFFORTS AND “JOINT STIPULATION”
3. On May 11, 2021, counsel for the parties in this action met in person at the Royal
Falconer in Redlands, California. I attended with David M. Shaby II on behalf of Ms. Acosta and the
other defendants, and attorneys Angelica Samaniego (also of Varner 8c Brandt LLP; “Samaniego”) and
Mr. Reader attended on behalf ofJetCruzer and Farrar Aerospace. At this meeting we discussed many
aspects ofthis case, including Ms. Acosta’s motions to compel further responses to her first set of form
interrogatories (‘the “Form Interrogatofies”), first set of requests for admission (the “RFAs”), and
first set of requests for production (the “RFPs”) (the “Three Motions”).
4. During that May 11, 2021 meeting, the parties agreed to confer further regarding the
Three Motions. I proposed distilling the separate statements into concise documents that set forth the
10 essence ofwhat we saw the disputes were, which I would provide as a basis for further discussion. As I
11 recall, Mr. Reader and Ms. Samaniego agreed with that suggestion.
12 5. On May 28, 2021 at 10:11 a.m. I emailed Ms. Samaniego and Mr. Grant a short (3 page)
13 summary regarding the outstanding issues, from our perspective, concerning the RFPs. A true and
14 correct copy of this email and the short summary are attached hereto as Exhibit A.
15 6. Later on May 28, 2021, at 5:30 pm. Ms. Samaniego responded Via email, stating her
”
16 “next week is jammed pack [sic] but that once all short summaries had been sent, Mr. Reader could
17 “set a telecon” to discuss the issues raised. A true and correct copy ofthis email is attached hereto as
18 Exhibit B.
19 7. On June 1, 2021 at 7:47 p.111. I emailed Ms. Samaniego and Mr. Grant short (1 and 2
20 page) summaries regarding the outstanding issues, from our perspective, concerning the RFAs and
21 Form Interrogatories. In this email I asked Mr. Reader When he was available, and proposed days that
22 week when we could confer. A true and correct copy ofthis email and the short summaries are attached
23 hereto as Exhibit C.
24 8. I heard nothing from anyone at Varner 8c Brandt LLP concerning these issues over the
25 next week.
26 9. On June 8, 2021 at 12:30 p.m. I received an email from Mr. Reader stating he was “just
27 now seeing” the short summaries and requesting clarification on other points, Which I provided. Mr.
28 Reader then advised that he was “going to put this on hold until Friday,” but promised his response
2
DECLARATION 0F R. CHRISTOPHER HARSHMAN RE MEET AND CONFER EFFORTS AND “JOINT STIPULATION”
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x, ORIGINAL V FILED SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN BERNARDINO SAN BERNARDINO DISTRICT David M. Shaby II, Esq. (97871) dshaby@shabyandassociates.com JUN 2 3 2021 R. Chrlstopher Harshman, Esq. (248214) charshman@shabyandassociates.com ‘ DAVID M. SHABY II & ASSOCIATES, APC BY ml 11949Jefferson Boulevard, Suite 104 MARIAMA PERRYMA y DEPUTY Culver City, California 90230 Telephone: (310) 827-7171 Facsimile: (310) 822-8529 Attorneysfor Defendants and Cross— Complainant SUPERIOR COURT 0F CALIFORNIA GE'IH COUNTY 0F SAN BERNARDINO 10 Ietcruzer International, LLC, Case n0. CIVD31930132 Assigned to the Hon. Tom Garza, Dept. $27 11 Plaintiff $ A8 DECLARATION 0F R. CHRISTOPHER 12 VS. HARSHMAN REGARDING MEET AND CONFER 13 Sandy Acosta, et a1, EFFORTS AND “JOINT STIPULATION 3) XV:| Date: June 30, 2021 14 Defendants. Time: 8:30 a.m. 15 And Related Cross—Complaint Department: $27 Complaint filed: October 8, 2019 16 Trial date: February 7, 2022 17 18 1. I am an attorney, duly licensed to practice law before all courts of the State of California, 19 and of counsel for David M. Shaby II & Associates, APC, attorneys of record for defendant and cross- 20 complainant Sandy Acosta (“Acosta”) and defendants Marvin]. Guzman and Ulises A. Zepeda in this 21 action. I have personal knowledge ofthe following facts except to those stated on information and belief, 22 and as to those facts, I believe them to be true. If called upon to testify, I could and would testify 23 competently to the facts set forth in this Declaration. 24 2. The afternoon oprril 23, 2021, I had an approximately 1.5 hour telephone conversation 25 with attorney Grant Reader ofVarner 8c Brandt LLP (“Reader”), counsel for plaintiff and cross- 26 defendantJetCruzer International, LLC (“JetCruzer”) and cross—defendant Farrar Aerospace LLC 27 (“Farrar Aerospace”), during which we spoke at some length about the instant issues. 28 1 DECLARATION 0F R. CHRISTOPHER HARSHMAN RE MEET AND CONFER EFFORTS AND “JOINT STIPULATION” 3. On May 11, 2021, counsel for the parties in this action met in person at the Royal Falconer in Redlands, California. I attended with David M. Shaby II on behalf of Ms. Acosta and the other defendants, and attorneys Angelica Samaniego (also of Varner 8c Brandt LLP; “Samaniego”) and Mr. Reader attended on behalf ofJetCruzer and Farrar Aerospace. At this meeting we discussed many aspects ofthis case, including Ms. Acosta’s motions to compel further responses to her first set of form interrogatories (‘the “Form Interrogatofies”), first set of requests for admission (the “RFAs”), and first set of requests for production (the “RFPs”) (the “Three Motions”). 4. During that May 11, 2021 meeting, the parties agreed to confer further regarding the Three Motions. I proposed distilling the separate statements into concise documents that set forth the 10 essence ofwhat we saw the disputes were, which I would provide as a basis for further discussion. As I 11 recall, Mr. Reader and Ms. Samaniego agreed with that suggestion. 12 5. On May 28, 2021 at 10:11 a.m. I emailed Ms. Samaniego and Mr. Grant a short (3 page) 13 summary regarding the outstanding issues, from our perspective, concerning the RFPs. A true and 14 correct copy of this email and the short summary are attached hereto as Exhibit A. 15 6. Later on May 28, 2021, at 5:30 pm. Ms. Samaniego responded Via email, stating her ” 16 “next week is jammed pack [sic] but that once all short summaries had been sent, Mr. Reader could 17 “set a telecon” to discuss the issues raised. A true and correct copy ofthis email is attached hereto as 18 Exhibit B. 19 7. On June 1, 2021 at 7:47 p.111. I emailed Ms. Samaniego and Mr. Grant short (1 and 2 20 page) summaries regarding the outstanding issues, from our perspective, concerning the RFAs and 21 Form Interrogatories. In this email I asked Mr. Reader When he was available, and proposed days that 22 week when we could confer. A true and correct copy ofthis email and the short summaries are attached 23 hereto as Exhibit C. 24 8. I heard nothing from anyone at Varner 8c Brandt LLP concerning these issues over the 25 next week. 26 9. On June 8, 2021 at 12:30 p.m. I received an email from Mr. Reader stating he was “just 27 now seeing” the short summaries and requesting clarification on other points, Which I provided. Mr. 28 Reader then advised that he was “going to put this on hold until Friday,” but promised his response 2 DECLARATION 0F R. CHRISTOPHER HARSHMAN RE MEET AND CONFER EFFORTS AND “JOINT STIPULATION”