Preview
TODD YANCEY
PO Box 1410
Menlo Park, CA 94026-1410
Telephone: (650) 365-6100
Facsimile: (650) 365-6200
Email: legal@yancey.com
TODD YANCEY, IN PRO PER
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10 TODD YANCEY, an individual, Case No. 19-CIV-02501
11 Plaintiff, [Assigned for all purposes to Department 28]
12 v DECLARATION OF TODD YANCEY IN
SUPPORT OF PLAINTIFF’S NOTICE OF
13 EDWIN BLUE, an individual, MOTION AND MOTION IN LIMINE NO. 11
FORGE SERVICES, INC., F.K.A. IRA TO EXCLUDE ALL EVIDENCE OFFERED
14 SERVICES, INC., a California corporation, BY FORGE SERVICES, INC. PURSUANT TO
CAROL BLUE HITCHENS as Trustee of the R&T CODE § 23301
15 BLUE FAMILY TRUSTS and subtrusts, and
DOES | through 30,
16 Date: March 18, 2024
Defendants. Time: 9:00 a.m.
17 Judge: Hon. Nicole S. Healy
18
Action Filed: May 6, 2019
19 AND RELATED CROSS-ACTION FAC Filed: October 10, 2023
SAC Filed: January 2, 2024
20 Trial Date: March 18, 2024
21
22
23
24
25
26
27
28
Case No. 19-CIV-02501 1
DECLARATION OF TODD YANCEY ISO PLAINTIFF’S MOTION IN LIMINE NO. 11
TO EXCLUDE ALL EVIDENCE OFFERED BY FORGE SERVICES, INC. PURSUANT TO R&T CODE § 23301
I, Todd Yancey, declare as follows:
1 lam the pro se Plaintiff, who is a non-attorney self-represented litigant in this action
appearing in propria persona. | am also named as a Cross-Defendant in this action. I base this declaration
on facts within my personal knowledge and if called upon to testify, I could and would completely testify
thereto.
2 I submit this declaration in support of Plaintiff's Notice of Motion and Motion Jn Limine
No. 11 to Exclude all evidence offered by Defendant and Cross-Complainant Forge Services, Inc.
(“Forge Services”), formerly known as IRA Services, Inc. (“IRA Services”), pursuant to R&T Code §
23301.
10
3 Since June 29, 2021, Forge Services has been delinquent in filing its required California
11
Statement of Information with the California Secretary of State, a true and correct copy is attached as
12
Exhibit 1.
13
4 Since October 15, 2020, Forge Services has been delinquent in filing its require California
14
Corporate Tax Return.
15
5 On March 11, 2024, at 10:02 a.m., I spoke with Brijal with the California Franchise Tax
16
Board, who confirmed that Forge Services has not filed any California Tax Returns since 2019, a ture
17
and correct copy of my telephone record is attached as Exhibit 2. The original audio recording can be
18
found at https://app.box.com/s/oirbezei29yotk7cb3 f4v06efrckym3q. A true and correct copy of the
19
transcript of the conversation is attached as Exhibit 3.
20
I declare under penalty of perjury under the laws of the State of California that the foregoing is
21
true and correct, and that this declaration was executed in Menlo Park, California on March 17, 2024.
22
23
/s/ Todd Yancey
24
TODD YANCEY
25
26
27
28
Case No. 19-CIV-02501 2
DECLARATION OF TODD YANCEY ISO PLAINTIFF’S MOTION IN LIMINE NO. 11
TO EXCLUDE ALL EVIDENCE OFFERED BY FORGE SERVICES, INC. PURSUANT TO R&T CODE § 23301
EXHIBIT 1
Amendment Type Field Name Changed From Changed To
System Amendment - Penalty Certification - SI
Legacy Comment SOS Certification
Control ID
LBA27276481
Date
10/27/2021
Amendment Type
System Amendment - SI Delinquency for the year of 0
Control ID
LBA27276480
Date
6/29/2021
Amendment Type Field Name Changed From Changed To
Amendment
Legacy Comment Legacy number: A0846735,
Control ID
LBA27276479 Legacy Comment NAME CHANGE FROM: IRA SERVICES, INC.
Date
9/8/2020
Image Download
& Download
Amendment Type Field Name Changed From Changed To
Statement of Information
Legacy Comment Legacy number: GE46826
Control ID
LBA27276483
Date
3/30/2020
Image Download
& Download
Amendment Type Field Name Changed From Changed To Vv
Cointame Ren nnnant Pamaline Cantifinntion ec
Amendment Type Field Name Changed From Changed To
System Amendment - Penalty Certification - SI
Legacy Comment SOS Certification
Control ID
LBA27276481
Date
10/27/2021
Amendment Type
System Amendment - SI Delinquency for the year of 0
Control ID
LBA27276480
Date
6/29/2021
Amendment Type Field Name Changed From Changed To
Amendment
Legacy Comment Legacy number: A0846735,
Control ID
LBA27276479 Legacy Comment NAME CHANGE FROM: IRA SERVICES, INC.
Date
9/8/2020
Image Download
& Download
Amendment Type Field Name Changed From Changed To
Statement of Information
Legacy Comment Legacy number: GE46826
Control ID
LBA27276483
Date
3/30/2020
Image Download
& Download
Amendment Type Field Name Changed From Changed To Vv
Cointame Ren nnnant Pamaline Cantifinntion ec
Amendment Type Field Name Changed From Changed To
System Amendment - Penalty Certification - SI
Legacy Comment SOS Certification
Control ID
LBA27276481
Date
10/27/2021
Amendment Type
System Amendment - SI Delinquency for the year of 0
Control ID
LBA27276480
Date
6/29/2021
Amendment Type Field Name Changed From Changed To
Amendment
Legacy Comment Legacy number: A0846735,
Control ID
LBA27276479 Legacy Comment NAME CHANGE FROM: IRA SERVICES, INC.
Date
9/8/2020
Image Download
& Download
Amendment Type Field Name Changed From Changed To
Statement of Information
Legacy Comment Legacy number: GE46826
Control ID
LBA27276483
Date
3/30/2020
Image Download
& Download
Amendment Type Field Name Changed From Changed To Vv
Contain Rennie Pamaline Cantifinntion ec
EXHIBIT 2
O
ST OF CA FTB
eo
Phone
0
Text
Monday
Incoming call 10:02 AM (1 hr 30 mi
To
(650) 572-5000 (Me)
Phone number
yw @ &
(916) 845-1043
EXHIBIT3
TODD YANCEY vs. EDWIN BLUE, et al. Case No. 19CIV02501
Transcript from March 11, 2024
from the Audio File (TAY004397)
California Franchise Tax Board — Brijal
Okay, so I can see that the last Notice we sent back in 2023 Let me go okay.
Todd Yancey
Can you give me the date of that Notice?
California Franchise Tax Board — Brijal
Oh, yeah, so we send the Notice back into 2023 on March 2022.
Todd Yancey
Okay. 2022?
California Franchise Tax Board — Brijal
May 2023
Todd Yancey
Okay. And that Notice was what you're, you're behind in filing your Income Taxes?
California Franchise Tax Board — Brijal
Not regarding the filing, but there was a balance in 2020 for the Secretary of State penalties, and we
sent them that Notice to pay that amount but looks like they haven't responded that yet.
Todd Yancey
Okay. And what address did you send that to?
Case No. 19CIV02501 1
TRANSCRIPT OF CALL WITH THE CALIFORNIA FRANCHISE TAX BOARD
TODD YANCEY vs. EDWIN BLUE, et al. Case No. 19CIV02501
California Franchise Tax Board — Brijal
Actually, you know what, that address you provided me that the address we have it here.
Todd Yancey
1160 Industrial Road, San Carlos, California 94070. Okay. And so they still have a payment
outstanding, how much is outstanding?
California Franchise Tax Board — Brijal
So, I can see that after that Notice is due we also send a Lien of their bank. Let me check how did we
receive this payment? Hold on, sir. So, looks like we have to get payment Lien from the from the
bank, which is $637.39.
Todd Yancey
And was that Wells Fargo Bank?
California Franchise Tax Board — Brijal
Iam not sure I can give you that information.
Todd Yancey
Ican... I can tell you what I think the bank account number is that would be Wells Fargo Bank the
account number 4501079740.
California Franchise Tax Board — Brijal
Check we did not get the record into this system. The United States should have the information, but
I cannot provide you the information. Okay.
Todd Yancey
But, but no tax returns have been filed for 2020, 2021, 2023.
Case No. 19CIV02501 2
TRANSCRIPT OF CALL WITH THE CALIFORNIA FRANCHISE TAX BOARD
TODD YANCEY vs. EDWIN BLUE, et al. Case No. 19CIV02501
California Franchise Tax Board — Brijal
That is correct. Yeah. Maybe they are going to receive the further collection and missing returns too
Todd Yancey
Okay and no employees. No withholding taxes. employment taxes.
California Franchise Tax Board — Brijal
I don’t think so. They did not record data are here because withholding is a different department
which is 592 Form right. 592 and 540, no we do not keep that record here. There is a different unit.
Those are.
Todd Yancey
Okay. But no tax returns since 2019.
California Franchise Tax Board — Brijal
That is correct. Yes.
Todd Yancey
Okay. Thank you. And if you could just give me your name again
California Franchise Tax Board — Brijal
Sure, my name is Brijal.
Todd Yancey
And you're with the California Franchise Tax Board.
California Franchise Tax Board — Brijal
That is correct. Yes.
Case No. 19CIV02501 3
TRANSCRIPT OF CALL WITH THE CALIFORNIA FRANCHISE TAX BOARD
TODD YANCEY vs. EDWIN BLUE, et al. Case No. 19CIV02501
Todd Yancey
Okay, and the company we were discussing is Forge Services Inc with a... Just want to make sure I
have this right, the California Entity ID number is C0587877 and the California Secretary of State
number 0587877.
California Franchise Tax Board — Brijal
That is correct, Yes.
Todd Yancey
And the address you still have listed is 1160 Industrial Road, San Carlos, California 94070.
California Franchise Tax Board — Brijal
That is correct, Yes.
Todd Yancey
Okay, thank you so much, you have been super helpful.
California Franchise Tax Board — Brijal
Have a great day.
Case No. 19CIV02501 4
TRANSCRIPT OF CALL WITH THE CALIFORNIA FRANCHISE TAX BOARD
Preview
TODD YANCEY PO Box 1410 Menlo Park, CA 94026-1410 Telephone: (650) 365-6100 Facsimile: (650) 365-6200 Email: legal@yancey.com TODD YANCEY, IN PRO PER SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 TODD YANCEY, an individual, Case No. 19-CIV-02501 11 Plaintiff, [Assigned for all purposes to Department 28] 12 v DECLARATION OF TODD YANCEY IN SUPPORT OF PLAINTIFF’S NOTICE OF 13 EDWIN BLUE, an individual, MOTION AND MOTION IN LIMINE NO. 11 FORGE SERVICES, INC., F.K.A. IRA TO EXCLUDE ALL EVIDENCE OFFERED 14 SERVICES, INC., a California corporation, BY FORGE SERVICES, INC. PURSUANT TO CAROL BLUE HITCHENS as Trustee of the R&T CODE § 23301 15 BLUE FAMILY TRUSTS and subtrusts, and DOES | through 30, 16 Date: March 18, 2024 Defendants. Time: 9:00 a.m. 17 Judge: Hon. Nicole S. Healy 18 Action Filed: May 6, 2019 19 AND RELATED CROSS-ACTION FAC Filed: October 10, 2023 SAC Filed: January 2, 2024 20 Trial Date: March 18, 2024 21 22 23 24 25 26 27 28 Case No. 19-CIV-02501 1 DECLARATION OF TODD YANCEY ISO PLAINTIFF’S MOTION IN LIMINE NO. 11 TO EXCLUDE ALL EVIDENCE OFFERED BY FORGE SERVICES, INC. PURSUANT TO R&T CODE § 23301 I, Todd Yancey, declare as follows: 1 lam the pro se Plaintiff, who is a non-attorney self-represented litigant in this action appearing in propria persona. | am also named as a Cross-Defendant in this action. I base this declaration on facts within my personal knowledge and if called upon to testify, I could and would completely testify thereto. 2 I submit this declaration in support of Plaintiff's Notice of Motion and Motion Jn Limine No. 11 to Exclude all evidence offered by Defendant and Cross-Complainant Forge Services, Inc. (“Forge Services”), formerly known as IRA Services, Inc. (“IRA Services”), pursuant to R&T Code § 23301. 10 3 Since June 29, 2021, Forge Services has been delinquent in filing its required California 11 Statement of Information with the California Secretary of State, a true and correct copy is attached as 12 Exhibit 1. 13 4 Since October 15, 2020, Forge Services has been delinquent in filing its require California 14 Corporate Tax Return. 15 5 On March 11, 2024, at 10:02 a.m., I spoke with Brijal with the California Franchise Tax 16 Board, who confirmed that Forge Services has not filed any California Tax Returns since 2019, a ture 17 and correct copy of my telephone record is attached as Exhibit 2. The original audio recording can be 18 found at https://app.box.com/s/oirbezei29yotk7cb3 f4v06efrckym3q. A true and correct copy of the 19 transcript of the conversation is attached as Exhibit 3. 20 I declare under penalty of perjury under the laws of the State of California that the foregoing is 21 true and correct, and that this declaration was executed in Menlo Park, California on March 17, 2024. 22 23 /s/ Todd Yancey 24 TODD YANCEY 25 26 27 28 Case No. 19-CIV-02501 2 DECLARATION OF TODD YANCEY ISO PLAINTIFF’S MOTION IN LIMINE NO. 11 TO EXCLUDE ALL EVIDENCE OFFERED BY FORGE SERVICES, INC. PURSUANT TO R&T CODE § 23301 EXHIBIT 1 Amendment Type Field Name Changed From Changed To System Amendment - Penalty Certification - SI Legacy Comment SOS Certification Control ID LBA27276481 Date 10/27/2021 Amendment Type System Amendment - SI Delinquency for the year of 0 Control ID LBA27276480 Date 6/29/2021 Amendment Type Field Name Changed From Changed To Amendment Legacy Comment Legacy number: A0846735, Control ID LBA27276479 Legacy Comment NAME CHANGE FROM: IRA SERVICES, INC. Date 9/8/2020 Image Download & Download Amendment Type Field Name Changed From Changed To Statement of Information Legacy Comment Legacy number: GE46826 Control ID LBA27276483 Date 3/30/2020 Image Download & Download Amendment Type Field Name Changed From Changed To Vv Cointame Ren nnnant Pamaline Cantifinntion ec Amendment Type Field Name Changed From Changed To System Amendment - Penalty Certification - SI Legacy Comment SOS Certification Control ID LBA27276481 Date 10/27/2021 Amendment Type System Amendment - SI Delinquency for the year of 0 Control ID LBA27276480 Date 6/29/2021 Amendment Type Field Name Changed From Changed To Amendment Legacy Comment Legacy number: A0846735, Control ID LBA27276479 Legacy Comment NAME CHANGE FROM: IRA SERVICES, INC. Date 9/8/2020 Image Download & Download Amendment Type Field Name Changed From Changed To Statement of Information Legacy Comment Legacy number: GE46826 Control ID LBA27276483 Date 3/30/2020 Image Download & Download Amendment Type Field Name Changed From Changed To Vv Cointame Ren nnnant Pamaline Cantifinntion ec Amendment Type Field Name Changed From Changed To System Amendment - Penalty Certification - SI Legacy Comment SOS Certification Control ID LBA27276481 Date 10/27/2021 Amendment Type System Amendment - SI Delinquency for the year of 0 Control ID LBA27276480 Date 6/29/2021 Amendment Type Field Name Changed From Changed To Amendment Legacy Comment Legacy number: A0846735, Control ID LBA27276479 Legacy Comment NAME CHANGE FROM: IRA SERVICES, INC. Date 9/8/2020 Image Download & Download Amendment Type Field Name Changed From Changed To Statement of Information Legacy Comment Legacy number: GE46826 Control ID LBA27276483 Date 3/30/2020 Image Download & Download Amendment Type Field Name Changed From Changed To Vv Contain Rennie Pamaline Cantifinntion ec EXHIBIT 2 O ST OF CA FTB eo Phone 0 Text Monday Incoming call 10:02 AM (1 hr 30 mi To (650) 572-5000 (Me) Phone number yw @ & (916) 845-1043 EXHIBIT3 TODD YANCEY vs. EDWIN BLUE, et al. Case No. 19CIV02501 Transcript from March 11, 2024 from the Audio File (TAY004397) California Franchise Tax Board — Brijal Okay, so I can see that the last Notice we sent back in 2023 Let me go okay. Todd Yancey Can you give me the date of that Notice? California Franchise Tax Board — Brijal Oh, yeah, so we send the Notice back into 2023 on March 2022. Todd Yancey Okay. 2022? California Franchise Tax Board — Brijal May 2023 Todd Yancey Okay. And that Notice was what you're, you're behind in filing your Income Taxes? California Franchise Tax Board — Brijal Not regarding the filing, but there was a balance in 2020 for the Secretary of State penalties, and we sent them that Notice to pay that amount but looks like they haven't responded that yet. Todd Yancey Okay. And what address did you send that to? Case No. 19CIV02501 1 TRANSCRIPT OF CALL WITH THE CALIFORNIA FRANCHISE TAX BOARD TODD YANCEY vs. EDWIN BLUE, et al. Case No. 19CIV02501 California Franchise Tax Board — Brijal Actually, you know what, that address you provided me that the address we have it here. Todd Yancey 1160 Industrial Road, San Carlos, California 94070. Okay. And so they still have a payment outstanding, how much is outstanding? California Franchise Tax Board — Brijal So, I can see that after that Notice is due we also send a Lien of their bank. Let me check how did we receive this payment? Hold on, sir. So, looks like we have to get payment Lien from the from the bank, which is $637.39. Todd Yancey And was that Wells Fargo Bank? California Franchise Tax Board — Brijal Iam not sure I can give you that information. Todd Yancey Ican... I can tell you what I think the bank account number is that would be Wells Fargo Bank the account number 4501079740. California Franchise Tax Board — Brijal Check we did not get the record into this system. The United States should have the information, but I cannot provide you the information. Okay. Todd Yancey But, but no tax returns have been filed for 2020, 2021, 2023. Case No. 19CIV02501 2 TRANSCRIPT OF CALL WITH THE CALIFORNIA FRANCHISE TAX BOARD TODD YANCEY vs. EDWIN BLUE, et al. Case No. 19CIV02501 California Franchise Tax Board — Brijal That is correct. Yeah. Maybe they are going to receive the further collection and missing returns too Todd Yancey Okay and no employees. No withholding taxes. employment taxes. California Franchise Tax Board — Brijal I don’t think so. They did not record data are here because withholding is a different department which is 592 Form right. 592 and 540, no we do not keep that record here. There is a different unit. Those are. Todd Yancey Okay. But no tax returns since 2019. California Franchise Tax Board — Brijal That is correct. Yes. Todd Yancey Okay. Thank you. And if you could just give me your name again California Franchise Tax Board — Brijal Sure, my name is Brijal. Todd Yancey And you're with the California Franchise Tax Board. California Franchise Tax Board — Brijal That is correct. Yes. Case No. 19CIV02501 3 TRANSCRIPT OF CALL WITH THE CALIFORNIA FRANCHISE TAX BOARD TODD YANCEY vs. EDWIN BLUE, et al. Case No. 19CIV02501 Todd Yancey Okay, and the company we were discussing is Forge Services Inc with a... Just want to make sure I have this right, the California Entity ID number is C0587877 and the California Secretary of State number 0587877. California Franchise Tax Board — Brijal That is correct, Yes. Todd Yancey And the address you still have listed is 1160 Industrial Road, San Carlos, California 94070. California Franchise Tax Board — Brijal That is correct, Yes. Todd Yancey Okay, thank you so much, you have been super helpful. California Franchise Tax Board — Brijal Have a great day. Case No. 19CIV02501 4 TRANSCRIPT OF CALL WITH THE CALIFORNIA FRANCHISE TAX BOARD