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Fi LED/EI^IOOBSEO
Law Offices O f
Roger E . Nagkask
1 Bar NumLer: 181740 JUN 1 3 2016
One Newport Place
2 19900 MacArtkur Boulevard, Suite 1150
Irvine, California 92612-8433
Bv: A. IMALONE
DEPUTY CLERK
3 Telepkone: (949) 955-1000
FacBimile: (949)852-9511 •
4
5 Attomeys for: Plaintiff, Ashley M. Naghash
6
7 SUPERIOR COURT OF THE STATE OF CALIFORNIA
8 IN AND FOR COUNTY OF SACRAMENTO
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10
ASHLEY M. NAGHASH, CASE NO.: 34-2011 -00113923
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Plaintiff,
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10 DECLARATION OF ROGER E .
« 14 BOARD OF TRUSTEES OF THE NAGHASH IN SUPPORT OF MOTION TO
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CALIFORNIA STATE UNIVERSITY, THE STAY ACTION AND TOLL THE FIVE
O 5 o— YEAR STATUTE TO BRING ACTION TO
15. STATE OF CALIFORNIA, THE
TRIAL PENDING APPEAL [CCP §§
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16 CALIFORNIA STATE UNIVERSITY, THE 583.32G(a)(3), 583.340(b)]
CALIFORNIA STATE UNIVERSITY,
J3 8 17 SACRAMENTO, ALEXANDER
a-
GONZALEZ, MICHAEL SPEROS, TERRY
18 JOSEPH RICHARDS Also Known As TERRY
19 RICHARDS, Also Known As TERRY J.
RICHARDS, APRIL PHILIPS, WIN CHEN, Date: July 8,2016
Time: 2:00 p.m.
20 ADAM MENARD, ARIEL CAMPBELL, and Dept.: 53
DOES 1 Through 100, Inclusive,
21
22
23
Defendants. Complaint Filed on November 14, 2011
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25
26
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I, ROGER E. NAGHASH, declare:
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AMN - MOTION To STAY ACTION PENDING APPEAL - DECLARATION OF ROGER E. NAGHASH -1
1 1. I am an attomey at law duly licensed to practice before this honorable court and all
2 the Courts of the State of Califomia, and am the attomey of record for Plaintiff, ASHLEY M.
3 NAGHASH in the above entitled action.
4 2. I have personalfirsthandknowledge of the following facts, and if called and swom
5 as a witness, I could and would competently testify thereto.
6 3. This Declaration is in support of motion to stay action and toll the five year statute to
7 bring action to trial pending appeal, [CCP §§ 583.320(a)(3), 583.340(b)].
8 4. This action arosefroma bmtal rape attack of Plaintiff at dormitory of Califomia
9 State University, Sacramento. Plaintiff filed this instant action against the Board of Tmstees of the
10 Califomia State University and other defendants, seeking damages for breach of contract and tort
o 11 causes of action.
o 12- 5. This action was filed on November 14,2011. Defendants, state actors filed
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13 demurrers to the complaint and its subsequent the state actors were dismissed and appeal was taken.
"If lO
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14 The reminder of defendants were served, however, due to appeal and one judgment rule, there could
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O 3' 15 NOT be a multiple trials for the same set of facts and different defendants.
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O J3 i 16 6. As of present, portion of the case remains on appeal, and the anniversary offive(5)
J o§ - 7«>
17 years prosecution against defendants are fast approaching with uncertain date for mlingfromcourt
18 of appeal. The stay of this action and/or tolling ofthe statute for the five years prosecution is
19 necessary to prepare and bring all defendants to trial at the same time.
20 r
21 SALIENT FACTS
22
23 7. In or about August of 2010, Plaintiff, Ashley M. Naghash, (hereinafter "Plaintiff' or
24 "Naghash") entered mto a residency agreement with Defendants, to reside at the dormitories at
25 Califomia. State University, Sacramento ("Sac. State") Campus, (hereinafter "Residency
26 Agreement" or "Lease Agreement"). In or about November of 2010, Plaintiff became aware that
27 Defendants, and each of them have encouraged, enticed, and facilitated the criminal activities of
28 several sexual predators on the campus of the Califomia State University, Sacramento Campus. On
AMN - MOTION To STAY ACTION PENDING APPEAL - DECLARATION OF ROGER E. NAGHASH - 2
1 November 22,2010, prior to the horrific incident. Plaintiff, prepared a written notice and demand
2 for termination of the Residency Agreement/Lease Agreement, based on Defendants, CSUS action
3 of providing sanctuary to several sexual predators on the campus of the Sac. State. The notice and
4 demand were forwarded to Defendants, Alexander Gonzalez and Michael Speros. On December 6,
5 2010 (4 days prior to the horrific incident), Defendant, Speros, in writing, rejected Plaintiff, Notice
6 and rejected Plaintiffs demand to terminate the Residency Agreement based Defendants, CSUS
7 providing sanctuary to severial sexual predators, and refused to allow Plaintiff, Naghash to move out
8 the dormitories to a more secure and safe residence
9 8. Defendants forced Plauitiff to stay in an unsafe and imsecure residence to be raped
10 by the sexual predators that they were given sanctuary by the Defendants. On December 10,2010,
o 11 due to purposefial and willfiil actions of Defendants, Plaintiff, Naghash was bmtally assaulted and
I-H
i [Q o 12- raped. (Defendants are directly liable to Plaintiff, Naghash and owed a duty of care to Plaintiff as
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ui 13 set forth in the operative Second Amended Complaint based on defective condition ofthe premises
14 that Defendants, CSUS had actively concealed from Plaintiff
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o 15 9. Defendants, CSUS ("State Actors") havefiledseveral demurrers challenging the
§•
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O • -9 16 operative pleadings. Unfortunately, due to congested court calendar, each time, the demurrer takes
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17 approximately six or more months to be adjudicated. Ultimately, the State Actors and defendants
18 were dismissed and appeal was taken in December of 2013. The case is fully briefed, and has yet to
19 be mled upon.
20 10. Due to difficulties locating the non-state actors, the non-state actors defendants, were
21 served with summons and complaint on or about December 17,2012, following their failure to
22 appear, their defaults were taken, and subsequentiy, it was set aside by the order ofthe court.
23 11. Although, it is not immediate, the anniversary of thefive(5) years statute for
24 prosecuting this action for non-state actors are fast approaching. Diie to factual ckcumstances of
25 this case, the state and non-state actors should be tried at the same time to avoid inconsistent results.
26 Moreover the one judgmentralerequires that all defendants should be tried at the same time in one
27 trial.
28
AMN - MOTION TO STAY ACTION PENDING APPEAL - DECLARATION OF ROGER E. NAGHASH - 3
1 12. For all foraging reasons. Plaintiff respectfully requests this honorable court to grant
2 this motion and issue an order to stay the action or toll the statutorytimeto bring this action to trial
3 within five (5) years, until two years after the Remittur is filed by the court of appeal
4 I declare under penalty of perjury of the laws of the State of Califomia that the foregoing is
5 tme and correct.
6 Executed this 7^ day of June 2013, at Iryiner^diibmk
7
8 Dated: June 7,2016
9 Roger E. Naghash
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AMN - MOTION TO STAY ACTION PENDING APPEAL - DECLARATION OF ROGER E. NAGHASH - 4
Preview
Fi LED/EI^IOOBSEO Law Offices O f Roger E . Nagkask 1 Bar NumLer: 181740 JUN 1 3 2016 One Newport Place 2 19900 MacArtkur Boulevard, Suite 1150 Irvine, California 92612-8433 Bv: A. IMALONE DEPUTY CLERK 3 Telepkone: (949) 955-1000 FacBimile: (949)852-9511 • 4 5 Attomeys for: Plaintiff, Ashley M. Naghash 6 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 IN AND FOR COUNTY OF SACRAMENTO 9 10 ASHLEY M. NAGHASH, CASE NO.: 34-2011 -00113923 o m 11 I-H Plaintiff, J .-2 12- :S o •oa B09 o csi 10 13 vs. 10 DECLARATION OF ROGER E . « 14 BOARD OF TRUSTEES OF THE NAGHASH IN SUPPORT OF MOTION TO *S I-H CALIFORNIA STATE UNIVERSITY, THE STAY ACTION AND TOLL THE FIVE O 5 o— YEAR STATUTE TO BRING ACTION TO 15. STATE OF CALIFORNIA, THE TRIAL PENDING APPEAL [CCP §§ tfl O ^ 16 CALIFORNIA STATE UNIVERSITY, THE 583.32G(a)(3), 583.340(b)] CALIFORNIA STATE UNIVERSITY, J3 8 17 SACRAMENTO, ALEXANDER a- GONZALEZ, MICHAEL SPEROS, TERRY 18 JOSEPH RICHARDS Also Known As TERRY 19 RICHARDS, Also Known As TERRY J. RICHARDS, APRIL PHILIPS, WIN CHEN, Date: July 8,2016 Time: 2:00 p.m. 20 ADAM MENARD, ARIEL CAMPBELL, and Dept.: 53 DOES 1 Through 100, Inclusive, 21 22 23 Defendants. Complaint Filed on November 14, 2011 24 25 26 27 I, ROGER E. NAGHASH, declare: 28 AMN - MOTION To STAY ACTION PENDING APPEAL - DECLARATION OF ROGER E. NAGHASH -1 1 1. I am an attomey at law duly licensed to practice before this honorable court and all 2 the Courts of the State of Califomia, and am the attomey of record for Plaintiff, ASHLEY M. 3 NAGHASH in the above entitled action. 4 2. I have personalfirsthandknowledge of the following facts, and if called and swom 5 as a witness, I could and would competently testify thereto. 6 3. This Declaration is in support of motion to stay action and toll the five year statute to 7 bring action to trial pending appeal, [CCP §§ 583.320(a)(3), 583.340(b)]. 8 4. This action arosefroma bmtal rape attack of Plaintiff at dormitory of Califomia 9 State University, Sacramento. Plaintiff filed this instant action against the Board of Tmstees of the 10 Califomia State University and other defendants, seeking damages for breach of contract and tort o 11 causes of action. o 12- 5. This action was filed on November 14,2011. Defendants, state actors filed o o I-H 1 13 demurrers to the complaint and its subsequent the state actors were dismissed and appeal was taken. "If lO a- 14 The reminder of defendants were served, however, due to appeal and one judgment rule, there could CQ H l-H O 3' 15 NOT be a multiple trials for the same set of facts and different defendants. e tfl -s O J3 i 16 6. As of present, portion of the case remains on appeal, and the anniversary offive(5) J o§ - 7«> 17 years prosecution against defendants are fast approaching with uncertain date for mlingfromcourt 18 of appeal. The stay of this action and/or tolling ofthe statute for the five years prosecution is 19 necessary to prepare and bring all defendants to trial at the same time. 20 r 21 SALIENT FACTS 22 23 7. In or about August of 2010, Plaintiff, Ashley M. Naghash, (hereinafter "Plaintiff' or 24 "Naghash") entered mto a residency agreement with Defendants, to reside at the dormitories at 25 Califomia. State University, Sacramento ("Sac. State") Campus, (hereinafter "Residency 26 Agreement" or "Lease Agreement"). In or about November of 2010, Plaintiff became aware that 27 Defendants, and each of them have encouraged, enticed, and facilitated the criminal activities of 28 several sexual predators on the campus of the Califomia State University, Sacramento Campus. On AMN - MOTION To STAY ACTION PENDING APPEAL - DECLARATION OF ROGER E. NAGHASH - 2 1 November 22,2010, prior to the horrific incident. Plaintiff, prepared a written notice and demand 2 for termination of the Residency Agreement/Lease Agreement, based on Defendants, CSUS action 3 of providing sanctuary to several sexual predators on the campus of the Sac. State. The notice and 4 demand were forwarded to Defendants, Alexander Gonzalez and Michael Speros. On December 6, 5 2010 (4 days prior to the horrific incident), Defendant, Speros, in writing, rejected Plaintiff, Notice 6 and rejected Plaintiffs demand to terminate the Residency Agreement based Defendants, CSUS 7 providing sanctuary to severial sexual predators, and refused to allow Plaintiff, Naghash to move out 8 the dormitories to a more secure and safe residence 9 8. Defendants forced Plauitiff to stay in an unsafe and imsecure residence to be raped 10 by the sexual predators that they were given sanctuary by the Defendants. On December 10,2010, o 11 due to purposefial and willfiil actions of Defendants, Plaintiff, Naghash was bmtally assaulted and I-H i [Q o 12- raped. (Defendants are directly liable to Plaintiff, Naghash and owed a duty of care to Plaintiff as mB ui 13 set forth in the operative Second Amended Complaint based on defective condition ofthe premises 14 that Defendants, CSUS had actively concealed from Plaintiff QQ o 15 9. Defendants, CSUS ("State Actors") havefiledseveral demurrers challenging the §• !£fl j . CU O • -9 16 operative pleadings. Unfortunately, due to congested court calendar, each time, the demurrer takes l-J o 17 approximately six or more months to be adjudicated. Ultimately, the State Actors and defendants 18 were dismissed and appeal was taken in December of 2013. The case is fully briefed, and has yet to 19 be mled upon. 20 10. Due to difficulties locating the non-state actors, the non-state actors defendants, were 21 served with summons and complaint on or about December 17,2012, following their failure to 22 appear, their defaults were taken, and subsequentiy, it was set aside by the order ofthe court. 23 11. Although, it is not immediate, the anniversary of thefive(5) years statute for 24 prosecuting this action for non-state actors are fast approaching. Diie to factual ckcumstances of 25 this case, the state and non-state actors should be tried at the same time to avoid inconsistent results. 26 Moreover the one judgmentralerequires that all defendants should be tried at the same time in one 27 trial. 28 AMN - MOTION TO STAY ACTION PENDING APPEAL - DECLARATION OF ROGER E. NAGHASH - 3 1 12. For all foraging reasons. Plaintiff respectfully requests this honorable court to grant 2 this motion and issue an order to stay the action or toll the statutorytimeto bring this action to trial 3 within five (5) years, until two years after the Remittur is filed by the court of appeal 4 I declare under penalty of perjury of the laws of the State of Califomia that the foregoing is 5 tme and correct. 6 Executed this 7^ day of June 2013, at Iryiner^diibmk 7 8 Dated: June 7,2016 9 Roger E. Naghash 10 o 11 I-H -XI JI m O o 12- o o i-H CSI 1 13 (u S MO °S rt •<}< 14 1-4.1 CQ o s 15 o^ 16 J8 17 o 18 19 20 21 22 23 24 25 26 27 28 AMN - MOTION TO STAY ACTION PENDING APPEAL - DECLARATION OF ROGER E. NAGHASH - 4