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James M. Fraser, Esq. #97555 F I L E D
SCHNEIDER & HOLTZ SUPERIOR COURT 0F CAUFORMA
COUNTY OF SAN BEHNARDINO
4685 MacArthur Court, Suite 200 SAN BERNARDINO DISTRICT
Newport Beach, CA 92660 '
Office: (949) 553-1359 M A
0 3 2022
Direct: (949) 250-5532
Cell: (714) 788-8206 BY
Email: Frasengchationwide.com
Attorneys for Defendants,
DlLIP BHAVNANI and 7-ELEVEN, INC.
Peter P. Brotzen #53230
\OOOQQ
Gregory L. Anderson #129931
DWYER, DALY, BROTZEN & BRUNO, LLP
633 West Fifth Street, Suite 2800
Los Angeles, California 90071
10 Tel. (213) 627-9300
Fax (213) 624—1638
11
Email: ppb@db21aw.com
12 Email: gla@db2law.com
Attorneys for Defendant
13 7-ELEVEN, INC.
14
SUPERIOR COURT OF THE STATE OF CALIFORNIA v:
15
FOR THE COUNTY OF RIVERSIDE — SAN BERNARDINO DISTRICT
16
Ga
17
UMBERTO GOMEZ Case No.2 CIVSB 2109660 Ag
18
[Assigned For A11 Purposes to: Hon. Brian S.
Plaintiff, McCarville, Dept. S30]
19
Complaint Filed: April 28, 2021
vs.
WA
20
DECLARATION OF KEVIN NEW IN SUPPORT OF
KARMA . . .
DEFENDANT 7—ELEVEN, INC.’s MOTION FOR
21 83h“; ggfifl’gjfifilfiggguah
a Delaware
Corporation; 7_ELEVEN, INC” a Texas
, ,
SUMMARY JUDGMENT; MEMORANDUM OF
22 Corporation; and DOES 1 through 507 POINTS AND AUTHORITIES IN SUPPORT
inclusive
23
[Filed and Served Currently with Motion for Summary
Defendants.
24 for Summary Judgement and Separate Statement 0f
ORiGiNAL
Undisputed Material Facts]
25
Date: May 23, 2022
26
Time: 9:00 a.m.
27 Dept: S30
Trial Date: October 23, 2
28
l
DECLARATION OF KEVIN NEWIN SUPPORT OF DEFENDANT 7—ELEVEN, INC.’S
MOTION FOR SUMMARY JUDGMENT
I, KEVIN NEW, declare as follows:
H
1. I am an adult resident of the state of California. If called upon as a witness, I could and
would testify to the facts stated herein based upon my own personal knowledge.
2. 7-Eleven, Inc. is the franchisor of 7-Eleven convenience store businesses. I am 7-Eleven
Inc.‘s Market Manager for the Market that encompasses the franchised 7-Eleven store located at 16701
O©OOQONKII4>UJN
Arrow Boulevard in the City 0f Fontana, California. Ihave been employed by 7-Eleven, Inc. for 16 years
and have been the Market Manager for 3 years. In my job capacity, I have access t0 7-Eleven‘s records and
have identified Dilip Bhavnani as the franchisee owner 0f the franchise convenience store business located
at 16701 Arrow Boulevard, Fontana, California. I have access to the franchise agreement and know the
terms of the franchise agreement between the franchisee Dilip Bhavnani and franchisor 7-Eleven, Inc.
3. Attached hereto as Exhibit "A" is a tme and correct copy 0f the 7-Eleven, Inc. Store
Franchise Agreement between franchisor 7-Eleven, Inc. and franchisee Dilip Bhavnani dated September
30, 2018 (hereinafter "Franchise Agreement"). Collateral agreements such as money order machine
agreement, check acceptance policies etc. have been omitted from Exhibit A and private information has
NNNNNNNNNr—ib—Ip—tt—ip—Ip—tt—tp—nt—‘fl
been redacted. On May 10, 2019 Dilip Bhavnani was the franchisee owner of the franchised 7-Eleven
convenience store business located at 16701 Arrow Boulevard, Fontana, California.
®fl0\Lh-PUJN’—‘O\OOOQO\LII#WN’—‘
4. The 7-Eleven franchise is comprised 0f a number of well-established relationships -— a
trademark license, an equipment and real property lease, and a contractual relationship whereby a wide
range of optional services (such as financing) are offered t0 the franchisee. By example, the Franchise
Agreement sets forth the following terms and conditions:
The Trademark License
5. The trademark license consists 0f the right to use the trade and service marks owned by
7-Eleven, Inc. See, Exhibit "A", Franchise Agreement, Section 7(a), (bates# SEI 0010), Section 23,
2
DECLARATION OF KEVIN NEW IN SUPPORT OF DEFENDANT 7-ELEVEN, INC.’S
MOTION FOR SUMMARY JUDGMENT
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James M. Fraser, Esq. #97555 F I L E D SCHNEIDER & HOLTZ SUPERIOR COURT 0F CAUFORMA COUNTY OF SAN BEHNARDINO 4685 MacArthur Court, Suite 200 SAN BERNARDINO DISTRICT Newport Beach, CA 92660 ' Office: (949) 553-1359 M A 0 3 2022 Direct: (949) 250-5532 Cell: (714) 788-8206 BY Email: Frasengchationwide.com Attorneys for Defendants, DlLIP BHAVNANI and 7-ELEVEN, INC. Peter P. Brotzen #53230 \OOOQQ Gregory L. Anderson #129931 DWYER, DALY, BROTZEN & BRUNO, LLP 633 West Fifth Street, Suite 2800 Los Angeles, California 90071 10 Tel. (213) 627-9300 Fax (213) 624—1638 11 Email: ppb@db21aw.com 12 Email: gla@db2law.com Attorneys for Defendant 13 7-ELEVEN, INC. 14 SUPERIOR COURT OF THE STATE OF CALIFORNIA v: 15 FOR THE COUNTY OF RIVERSIDE — SAN BERNARDINO DISTRICT 16 Ga 17 UMBERTO GOMEZ Case No.2 CIVSB 2109660 Ag 18 [Assigned For A11 Purposes to: Hon. Brian S. Plaintiff, McCarville, Dept. S30] 19 Complaint Filed: April 28, 2021 vs. WA 20 DECLARATION OF KEVIN NEW IN SUPPORT OF KARMA . . . DEFENDANT 7—ELEVEN, INC.’s MOTION FOR 21 83h“; ggfifl’gjfifilfiggguah a Delaware Corporation; 7_ELEVEN, INC” a Texas , , SUMMARY JUDGMENT; MEMORANDUM OF 22 Corporation; and DOES 1 through 507 POINTS AND AUTHORITIES IN SUPPORT inclusive 23 [Filed and Served Currently with Motion for Summary Defendants. 24 for Summary Judgement and Separate Statement 0f ORiGiNAL Undisputed Material Facts] 25 Date: May 23, 2022 26 Time: 9:00 a.m. 27 Dept: S30 Trial Date: October 23, 2 28 l DECLARATION OF KEVIN NEWIN SUPPORT OF DEFENDANT 7—ELEVEN, INC.’S MOTION FOR SUMMARY JUDGMENT I, KEVIN NEW, declare as follows: H 1. I am an adult resident of the state of California. If called upon as a witness, I could and would testify to the facts stated herein based upon my own personal knowledge. 2. 7-Eleven, Inc. is the franchisor of 7-Eleven convenience store businesses. I am 7-Eleven Inc.‘s Market Manager for the Market that encompasses the franchised 7-Eleven store located at 16701 O©OOQONKII4>UJN Arrow Boulevard in the City 0f Fontana, California. Ihave been employed by 7-Eleven, Inc. for 16 years and have been the Market Manager for 3 years. In my job capacity, I have access t0 7-Eleven‘s records and have identified Dilip Bhavnani as the franchisee owner 0f the franchise convenience store business located at 16701 Arrow Boulevard, Fontana, California. I have access to the franchise agreement and know the terms of the franchise agreement between the franchisee Dilip Bhavnani and franchisor 7-Eleven, Inc. 3. Attached hereto as Exhibit "A" is a tme and correct copy 0f the 7-Eleven, Inc. Store Franchise Agreement between franchisor 7-Eleven, Inc. and franchisee Dilip Bhavnani dated September 30, 2018 (hereinafter "Franchise Agreement"). Collateral agreements such as money order machine agreement, check acceptance policies etc. have been omitted from Exhibit A and private information has NNNNNNNNNr—ib—Ip—tt—ip—Ip—tt—tp—nt—‘fl been redacted. On May 10, 2019 Dilip Bhavnani was the franchisee owner of the franchised 7-Eleven convenience store business located at 16701 Arrow Boulevard, Fontana, California. ®fl0\Lh-PUJN’—‘O\OOOQO\LII#WN’—‘ 4. The 7-Eleven franchise is comprised 0f a number of well-established relationships -— a trademark license, an equipment and real property lease, and a contractual relationship whereby a wide range of optional services (such as financing) are offered t0 the franchisee. By example, the Franchise Agreement sets forth the following terms and conditions: The Trademark License 5. The trademark license consists 0f the right to use the trade and service marks owned by 7-Eleven, Inc. See, Exhibit "A", Franchise Agreement, Section 7(a), (bates# SEI 0010), Section 23, 2 DECLARATION OF KEVIN NEW IN SUPPORT OF DEFENDANT 7-ELEVEN, INC.’S MOTION FOR SUMMARY JUDGMENT