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1 Edward L. Chun, SBN 147403
Khrystsina Kisel, SBN 317748
2 Penrose Chun & Gorman LLP
1200 Pacific Avenue, Suite 260
3 Santa Cruz, CA 95060
Telephone: (831) 515-3344
4 Facsimile: (831) 515-3308
echun@pcg-llp.com
5 kkisel@pcg-llp.com
6 Attorneys for Defendant Dawn Roach
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 IN AND FOR THE COUNTY OF SANTA CRUZ
10 HEATHER BARLIN, ) Case No. 24CV00098
)
11 Plaintiff, )
) DECLARATION OF EDWARD L.
12 vs. ) CHUN PURSUANT TO CODE OF
) CIVIL PROCEDURE § 430.41
13 DAWN ROACH AND DOES 1 -10, ) REGARDING MEET AND CONFER
) PROCESS TO FILE DEMURRER TO
14 INCLUSIVE, ) FIRST AMENDED COMPLAINT
)
15 Defendants. )
)
16 )
)
17 )
18 I, Edward L. Chun, declare:
19 1. I am a member of Penrose Chun & Gorman LLP, attorneys of record for
20 Defendant Dawn Roach. I am licensed to practice law before all the courts of this state. The
21 facts and matters stated in this declaration are true of my own personal knowledge and if called
22 as a witness in this matter to testify I could and would testify competently thereto.
23 2. On or about February 23, 2024, Plaintiff Heather Barlin filed a First Amended
24 Complaint alleging violations of Santa Cruz County Code section 8.43.030, breach of contract,
25 breach of implied warranty of habitability, unjust enrichment, unlawful business practices under
26 Business and Professions Code section 17200 et seq., negligence, breach of covenant of quiet
27 enjoyment, intentional misrepresentation, intentional infliction of emotional distress, and
28 violation of Penal Code section 496(a).
Barlin v. Roach, et al. 1
SCCSC Case No. 24CV00098
Declaration of Edward L. Chun Pursuant to
Code of Civil Procedure § 430.41 Regarding
Meet and Confer Process to File Demurrer to
First Amended Complaint
1 3. On Marh 25, 2024, I accepted service of the First Amended Complaint on behalf
2 Defendant.
3 4. Based on my review of the First Amended Complaint, I believe the Ninth Cause of
4 Action does not state a cause of action against the Defendant. The Ninth Cause of Action
5 alleges a cause of action based on receiving stolen money under Penal Code § 496. The facts
6 alleged in the complaint do not support the elements of a violation of Penal Code § 496.
7 5. On April 22, 2024, I attempted to call Jack Hain, attorney for Plaintiff. I left a
8 voicemail stating that I did not believe the Ninth Cause of Action stated a cause of action against
9 Defendant. Thereafter, I sent an email to follow-up on this telephone message. Later in the day
10 I received an email from Mr. Hain stating that he would meet and confer and could call me on
11 April 24, 2024. On April 23, 2024, I emailed Mr. Hain to let him know that, due to my
12 schedule, I was unavailable to meet and confer until April 25, 2024, or later.
13 6. As of the filing of this declaration, Mr. Hain and I have not been able to meet and
14 confer by telephone or in person as required by Code of Civil Procedure § 430.41. The time to
15 file a demurrer to the First Amended Complaint is April 25, 2024.
16 7. Accordingly, pursuant to Code of Civil Procedure § 430.41, I am filing this
17 declaration to provide the parties with an automatic extension of 30 days to meet and confer and
18 to file a demurrer if the parties are unsuccessful in resolving the pleading issues.
19 I declare under penalty of perjury under the laws of the State of California that the
20 foregoing is true and correct.
21 Executed on April 24, 2024 at Santa Cruz, California.
22
23 ___________________________
Edward L. Chun
24
25
26
27
28
Barlin v. Roach, et al. 2
SCCSC Case No. 24CV00098
Declaration of Edward L. Chun Pursuant to
Code of Civil Procedure § 430.41 Regarding
Meet and Confer Process to File Demurrer to
First Amended Complaint
1 PROOF OF SERVICE
2 I declare as follows:
3 I am employed in the County of Santa Cruz, California; I am over the age of 18 years,
4 and not a party to the within action; my business address is 1200 Pacific Avenue, Suite 260,
5 Santa Cruz, California 95060.
6 On the date set forth below, I caused the following document(s) entitled:
7 DECLARATION OF EDWARD L. CHUN PURSUANT TO CODE OF CIVIL
PROCEDURE § 430.41 REGARDING MEET AND CONFER PROCESS TO FILE
8
DEMURRER TO FIRST AMENDED COMPLAINT
9
to be served on the party(ies) or its (their) attorney(s) of record in this action listed below by the
10
following means, as indicated:
11
X BY MAIL. By following ordinary business practice, I caused to be placed a true
12 copy thereof enclosed in a sealed envelope, for collection and mailing with the
13 United States Postal Service where it would be deposited for first class delivery,
postage fully prepaid, in the United States Postal Service that same day in the
14 ordinary course of business.
X BY ELECTRONIC MAIL. By transmitting a true copy thereof by electronic
15 mail from e-mail address hdickson@pcg-llp.com to the interested party(ies) or
16
their attorney(s) of record to said action at the electronic mail address(es) shown
below
17
Addressed to:
18
JACK HAIN, ESQ.
19 55 RIVER STREET, SUITE 150
SANTA CRUZ, CA 95060
20 JACKHAIN3721@GMAIL.COM
21 ATTORNEYS FOR PLAINTIFF
HEATHER BARLIN
22
23 I declare under penalty of perjury under the laws of the State of California that the
24 foregoing is true and correct.
25 Executed on April 24, 2024, at Santa Cruz, California.
26
27 _________________________________
28 Hillary Dickson
Preview
1 Edward L. Chun, SBN 147403 Khrystsina Kisel, SBN 317748 2 Penrose Chun & Gorman LLP 1200 Pacific Avenue, Suite 260 3 Santa Cruz, CA 95060 Telephone: (831) 515-3344 4 Facsimile: (831) 515-3308 echun@pcg-llp.com 5 kkisel@pcg-llp.com 6 Attorneys for Defendant Dawn Roach 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 IN AND FOR THE COUNTY OF SANTA CRUZ 10 HEATHER BARLIN, ) Case No. 24CV00098 ) 11 Plaintiff, ) ) DECLARATION OF EDWARD L. 12 vs. ) CHUN PURSUANT TO CODE OF ) CIVIL PROCEDURE § 430.41 13 DAWN ROACH AND DOES 1 -10, ) REGARDING MEET AND CONFER ) PROCESS TO FILE DEMURRER TO 14 INCLUSIVE, ) FIRST AMENDED COMPLAINT ) 15 Defendants. ) ) 16 ) ) 17 ) 18 I, Edward L. Chun, declare: 19 1. I am a member of Penrose Chun & Gorman LLP, attorneys of record for 20 Defendant Dawn Roach. I am licensed to practice law before all the courts of this state. The 21 facts and matters stated in this declaration are true of my own personal knowledge and if called 22 as a witness in this matter to testify I could and would testify competently thereto. 23 2. On or about February 23, 2024, Plaintiff Heather Barlin filed a First Amended 24 Complaint alleging violations of Santa Cruz County Code section 8.43.030, breach of contract, 25 breach of implied warranty of habitability, unjust enrichment, unlawful business practices under 26 Business and Professions Code section 17200 et seq., negligence, breach of covenant of quiet 27 enjoyment, intentional misrepresentation, intentional infliction of emotional distress, and 28 violation of Penal Code section 496(a). Barlin v. Roach, et al. 1 SCCSC Case No. 24CV00098 Declaration of Edward L. Chun Pursuant to Code of Civil Procedure § 430.41 Regarding Meet and Confer Process to File Demurrer to First Amended Complaint 1 3. On Marh 25, 2024, I accepted service of the First Amended Complaint on behalf 2 Defendant. 3 4. Based on my review of the First Amended Complaint, I believe the Ninth Cause of 4 Action does not state a cause of action against the Defendant. The Ninth Cause of Action 5 alleges a cause of action based on receiving stolen money under Penal Code § 496. The facts 6 alleged in the complaint do not support the elements of a violation of Penal Code § 496. 7 5. On April 22, 2024, I attempted to call Jack Hain, attorney for Plaintiff. I left a 8 voicemail stating that I did not believe the Ninth Cause of Action stated a cause of action against 9 Defendant. Thereafter, I sent an email to follow-up on this telephone message. Later in the day 10 I received an email from Mr. Hain stating that he would meet and confer and could call me on 11 April 24, 2024. On April 23, 2024, I emailed Mr. Hain to let him know that, due to my 12 schedule, I was unavailable to meet and confer until April 25, 2024, or later. 13 6. As of the filing of this declaration, Mr. Hain and I have not been able to meet and 14 confer by telephone or in person as required by Code of Civil Procedure § 430.41. The time to 15 file a demurrer to the First Amended Complaint is April 25, 2024. 16 7. Accordingly, pursuant to Code of Civil Procedure § 430.41, I am filing this 17 declaration to provide the parties with an automatic extension of 30 days to meet and confer and 18 to file a demurrer if the parties are unsuccessful in resolving the pleading issues. 19 I declare under penalty of perjury under the laws of the State of California that the 20 foregoing is true and correct. 21 Executed on April 24, 2024 at Santa Cruz, California. 22 23 ___________________________ Edward L. Chun 24 25 26 27 28 Barlin v. Roach, et al. 2 SCCSC Case No. 24CV00098 Declaration of Edward L. Chun Pursuant to Code of Civil Procedure § 430.41 Regarding Meet and Confer Process to File Demurrer to First Amended Complaint 1 PROOF OF SERVICE 2 I declare as follows: 3 I am employed in the County of Santa Cruz, California; I am over the age of 18 years, 4 and not a party to the within action; my business address is 1200 Pacific Avenue, Suite 260, 5 Santa Cruz, California 95060. 6 On the date set forth below, I caused the following document(s) entitled: 7 DECLARATION OF EDWARD L. CHUN PURSUANT TO CODE OF CIVIL PROCEDURE § 430.41 REGARDING MEET AND CONFER PROCESS TO FILE 8 DEMURRER TO FIRST AMENDED COMPLAINT 9 to be served on the party(ies) or its (their) attorney(s) of record in this action listed below by the 10 following means, as indicated: 11 X BY MAIL. By following ordinary business practice, I caused to be placed a true 12 copy thereof enclosed in a sealed envelope, for collection and mailing with the 13 United States Postal Service where it would be deposited for first class delivery, postage fully prepaid, in the United States Postal Service that same day in the 14 ordinary course of business. X BY ELECTRONIC MAIL. By transmitting a true copy thereof by electronic 15 mail from e-mail address hdickson@pcg-llp.com to the interested party(ies) or 16 their attorney(s) of record to said action at the electronic mail address(es) shown below 17 Addressed to: 18 JACK HAIN, ESQ. 19 55 RIVER STREET, SUITE 150 SANTA CRUZ, CA 95060 20 JACKHAIN3721@GMAIL.COM 21 ATTORNEYS FOR PLAINTIFF HEATHER BARLIN 22 23 I declare under penalty of perjury under the laws of the State of California that the 24 foregoing is true and correct. 25 Executed on April 24, 2024, at Santa Cruz, California. 26 27 _________________________________ 28 Hillary Dickson