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EDWARD J. RODZEWICH, ESQ. ~ State Bar No. 159466
HARTSUYKER, STRATMAN & WILLIAMS-ABREGO
Mailing Address
P.O. Box 258829
Oklahoma City, OK 73125-8829
Physical Address
505 14th Street, Suite 400
Oakland, CA 94612-1913
Phone: (510) 457-3440
Fax: (510) 238-8968
ELECTRONICALLY
FILED
Superior Court of California,
County of San Francisco
01/24/2018
Clerk of the Court
BY:RONNIE OTERO
Deputy Clerk
Attorney for Defendants,
TREVOR DENG AND MAY DENG
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
ANGELIQUE ROCHELLE, individually and as Case No,: CGC-16-555761
Guardian ad litem of ELLA LAWTON and UNLIMITED JURISDICTION
LEONA PASLAY and BAZ ROCHELLE, :
Declaration of Kdward J. Rodzewich in
individually,
Opposition to Motion for Judgment
Plaintiffs, Notwithstanding the Verdict
Ank Eyhily ts AnD
VS, Date: February 7, 2018
Time: 3:00pm
TREVOR DENG, MAY DENG, YU TAO TAN Dept: 504
and DOES 1 to 10, ,
Defendants.
I, Edward J. Rodzewich declare as follows:
1. Tam the attorney of record for defendants Trevor Deng and May Deng.
2. The parties completed a jury trial in Department 504. The jury verdict was returned on
December 4, 2017. In response to the questions submitted to the jury in the Special Verdict, the jury
found for the defense on all causes of action. A judgment form was signed by the Court and filed on
December 12, 2017. :
3. As to evidence of “good faith intent” at trial, the defense provided direct testimony from
defendant Trevor Deng concerning his reasons for performing an eviction. In addition, both defendant
Declaration of Edward J. Rodzewleh- Opposition to Motion for INOV - 1May Deng and witness Yu Yao ‘Tan testified in Court that Yu Yao Tan (mother) planned to move into
the unit in question and gave reasons why. _
4. Those sections of the trial testimony of May Deng are now attached as Exhibit A. That
is page 888 of the trial testimony, lines 6 through 23 (November 30, 2017). Those sections of the trial
testimony of Yu Yao Tan are now attached as Exhibit B. That is pages 698, line 13 through page 699,
line 26 of the trial testimony. (November 28, 2017).
5 At trial, the defense also put into evidence the actual eviction notice which stated that Yu
Yao Tan intended to move into the unit in question.
6. At trial, plaintiff Angelique Rochelle testified at trial that she lived in an apartment in
Oakland that was so small that it did note even have a living room. Those sections of the trial testimony}
of Ms. Rochelle are now attached as Exhibit C. That is pages 321, line 22 through page 323, line 5 of
the trial testimony. (November 21, 2017),
1 At trial, the son of Angelique Rochelle testified at trial that Ms, Rochelle’s apartment in
Oakland actually did have a normal living room. Those sections of the trial testimony of Baz Rochelle
are now attached as Exhibit D. That is pages 436, line 27 through page 438, line 15 of the trial
testimony, (November 27, 2017).
8. Jury members Lee Blaschak and Christopher Tixrel! (foreperson) have both signed
declarations explaining that the jury took the deliberations seriously and fulfilled their duties in this case,
Those declarations are provided in opposition to the concurrent motion for new trial. When considering
this motion (JNOV), the defense asks that the court also consider those declarations as to the diligence
and hard work of the jury.
9 I declare, under penalty of perjury, under the laws of the State of California, that the
above is true and correct, and from my own personal knowledge. This was signed in Oakland,
California,
‘Declaration of Edward J, Rodzewich-Opposition to Motion for JNOV ~ 227
28
DATED: January 24, 2018
HARTSUYKER;STRATMAN & WILLIAMS-
ABREG
BY:
ERWARDJ. RODZEWICH, ESQ.
Attorney for Defendants,
‘TREVOR DENG AND MAY DENG
Declaration of Bdward J. Rodzewich-Opposition to Motion for INOV -3EXHIBIT ATranscript of Proceedings Volume VIII
November 30, 2017
you, did you ever try to use the garage and share the
tandem parking?
A, We did not try to share.
Q. 80 what would you do with your cars during that
time period?
A. We parked on the street.
Q. Okay. Now, still in April or May of 2014, were
there any discussions within your family about having
your mother move in below?
A. My mother?
Q. Sorry. Trevor's mother.
A. Yes.
Q. That's Ms. Tan; right?
A. Yes,
Q. And can you describe those conversations as far
as your involvement?
A. We talked about having his: mom move in to help
us so that she could help us with the kids.
Q. Okay. What were your feelings on that issue?
A. I welcomed that because I needed the help.
Qo. Did you get involved at all in the legal
process?
A. Did I get involved with the legal process?
Q. pid you go to a lawyer to help have this
process happen?
A. I did not go a lawyer.
Q. Did you read any legal notices?
A, I did not read my legal notices.
U.S. Legal Support | www.uslegalsupport.comEXHIBIT B27
28
Transcript of Proceedings Volume VI
November 28, 2017
know?
A. Move in where?
Q. Moved to 776 25th Avenue.
A. I think it was around April.
Q. Okay. So when Trevor first moved to 776 25th
Avenue in April, would you ever go and maybe take care
of his children? ,
A. Yes. I helped him baby-sitting.
And how often would you help him baby-sit?
A. Rach week?
Q. Sure. Hach week.
A. Anywhere between three to six days per week.
Q. Okay. And just to put’ a time frame on it, from
April of 2014 until, say, August of 2014, would you
baby-sit every week?
A. Yes.
Q. And what was your schedule like during the day?
Would you only go in the mornings or only go in the
evenings? ;
A. TI went there early in the morning until maybe
6:00 to 7 PM.
Q. So you would go baby~sit all day long?
Yes,
Q. Okay. And during this same time period -- I
just stated from April, 2014, to July of 2014 -- or I'm
| sorry -- August, 2014. Were you ever ill or sick during
that period of time?
A. No.
U.S, Legal Support | www.uslegalsupport.com
6398Traneseript of Proceedings Volume VI
November 28, 2017
Q. And during that same time period, did Trevor
ever ask you to move into the unit below his?
A, Yes.
Q. What did he gay?
A. He said that the children were young and by me
helping there, being there in the morning and leaving in
the evening, and sometimes when the weather was bad, he
felt bad and he was concerned for my safety.
Q. And what did you say to that?
A. I agreed,
Q. And did you ever pick a date when you were
going to move in?
A. I was ready to move there whenever he needed me
to.
Did he ever tell you when he would need you?
A. He said he would let me know when the time came
that he needed me to move in.
Q. And how many times did you talk about you
moving into the unit below his?
A. We had many conversations.
Q. Do you remember the first time you discussed
the possibility of you moving into the unit below?
A. f don't recall the date, One occasion that I
xemember the most was back in May because it was his
birthday, and we were having a meal together, and so we
talked about it.
Q. Was there ever a point where Trevor told you
that he no longer wanted you to move into the unit below
U.S. Legal Support | www,.uslegalsupport.com
699EXHIBIT C27
28
Transcript of Proceedings Volume IV
November 21, 2017
you felt?
A. My children, friends -- or a friend that helped
me move. I don't usually talk about things that are
stressful to many people.
Q. Well, you've talked about stress to your
therapist; right?
A. To a certain degree. To the parenting
counseling person, yes.
Q. And you talked about stress to some of your
fxlends; xight?
A. I guess.
Q. After you moved out, you moved to Oakland, and
your rent went down; is that right?
A. Yes.
Q. Your rent went from 1800 down to 1450; correct?
A. Tt went from 1780 to -- it's 1480 now with
commuting and all kinds of other expenses.
Q. So the notice says it was 1808 at the time that
you were evicted, but you think the last time you paid
it, it was 1780-something?
A. Yeah, Or 17-something, yeah.
Q. When you moved to Oakland, your rent was 1450;
right?
A. Yes.
And that's a three-bedroom apartment; correct?
Q
A. It has three closets, yes.
Q Does it have three bedrooms?
A
I believe, so, yeah. I don't know if that's
U.S. Legal Support | www.uslegalsupport.comTranscript of Proceedings Volume IV
November 21, 2017
legal, but yes.
Q. You live in a building where all the units are
three bedrooms, aren't they?
A, No:
Q. Well, how many units are there in your
building?
A. Nine.
Q. All right. And have you been in some of the
other apartments?
A, Yes.
Q. Okay. So are there three rooms that the
landlord told you are bedrooms when you moved to
Macarthur?
A, I think it was advertised as a two-bedroom. I
never spoke to the landlord.
Q. Do you have a living room?
A. No.
QO. Do you have a kitchen?
A. Yes.
Q. Do you have a bathroom?
“A. Yes.
QO. Is it just one?
A. Yes.
QO. Do you have parking?
A. Yes.
Q. What other rooms do you have on Macarthur that
is not a kitchen or bathroom?
A. The bedrooms.
U.S. Legal Support | www.uslegalsupport .com
322transcript of Proceedings Volume IV
November 21, 2017
Q. And there are no other rooms? No dining room?
No living room?
A. No.
Q. Do you have any pictures of that unit?
A. No. I can, if you need them.
Q. But there are three rooms. You sleep in one of
them; correct?
A. Yes.
Q. And Leona sleeps in another?
A. Yes.
Q. Who occupies the third?
A. Her dad has been staying with us while he's
financially struggling.
, Q. There were times that her dad paid for, like,
$600 of the rent sind¢e you moved to Oakland; right?
A. Yes.
Q. That didn't happen when you were in San
Francisco?
A. In certain years, yes, he did. He contributed
to rent.
Q. How long ago was that?
A. When she was a baby.
Q. So it's been years since that happened?
A. Yes. And I had many contributions in rent in
San Francisco.
Q. The last six months you lived in San Francisco,
you were paying the rent all yourself; correct?
A. Yes.
U.S. Legal Support | www.uslegalsupport .comEXHIBIT D —Transcript of Proceedings Volume V
November 27, 2017
after this incident or if I stayed less?
Mx. Hooshmand says, Well, if you stayed more,
did you ever go back to stay anymore with your
mom? Do you understand what I mean?
THE WITNESS: Yeah. Wo, I don't think so. I'm
pretty sure it's just like it made sense that I
pretty much be at my dad's house mostly, yes,
90 percent, 100 percent of the time now.
Mr. Hooshmand says, "Okay." That's the last
Lime that I was reading from that, your Honor.
My clients bought the home, but there's been
testimony that they didn't move in right away, but there
was a time that they did move in and your mother was
still living there.
Do you remember living downstairs at your
mother's house and there being moving trucks where my
client's family is moving in? Were you there when that
happened?
A. No. I wasn't around.
Qa. They are a family with young kids. Do you have
any memory of a family with young kids living above you?
A. I remember kids being above us, yes.
Q. When?
A. About -- within the same year we're moving out.
Q, Okay. How about -- did you ever talk to those
children?
A. No.
Q. Have you been to your mother's house in
U.S, Legal Support { wow. uslegalsupport.com
436>
Transeript of Proceedings Volume V
November 27, 2017
Oakland?
A. Yes.
Q. And you still visit with her; is that right?
A. Sometimes.
Q. All right. But you now live with your father
and your sister; correct?
A. Yes.
Q. Full time?
A. Yeah.
Q. And your mother's house in Oakland -- do you
know if that's an apartment building?
Yeah, [It's an apartment.
Do you know what floor she's on?
POP
The third floor.
Q. And when you walk into the apartment, what do
you see? Is there a ~- can you describe the apartment?
A. It's a three-bedroom, but it's a small
two-bedroom. The kitchen and living room are close
together.
Q. But it has a kitchen; correct?
A. Yes.
Q. And it has a Living room; is that right?
A. Yes,
Q. Does it have an area that -- you know, some
apartments have the kitchen, living room, and a dining
area all in the same space?
A. Yeah, kind of Like that.
Q. And then that's, like, an area in her house
U.S. Legal Support | www. uslegalsupport.com
43727
28
frangcript of Proceedings Volume V
November 27, 2017
where she might have a table for eating and a couch?
A.
pO Pp OP
Q.
Yeah.
And is that where the TV is?
Yeah, with a couch.
In front of the couch?
Yeah.
So just like a normal house?
Yes.
And then once you're in there, besides the
kitchen and the dining, living area, there's also a
bathroom; is that right?
A.
Q.
Yes.
Okay. And besides the bathroom, are there
three different rooms?
A.
Q.
Yes.
And so now Leona, your younger half-sister, has
her own room; is that right?
A.
Q.
on 25th?
A.
Q.
A.
Q.
Yeah.
Did she ever have her own room when she lived
I can't recall.
Your mother has her own room; is that right?
Yes.
And then Leona has a father that's not your
father; right?
A.
Q.
A.
Yes.
What's his name?
Tom.
U.S. Legal Support | www.uslegalsupport.com
438Re: Rochelle v. Deng, et al.
Case Number: CGC-16-555761
PROOF OF SERVICE
Code of Civil Procedure §§ 1013a, 2015.5
lam a resident of the State of California and over the age of eighteen years, and not a party to the]
within action. My business address is 505 14th Street, Suite 400, Oakland, CA 94612-1913, On
January 3) & , 2018, I served the following document(s):
DECLARATION OF EDWARD J. RODZEWICH IN OPPOSITION TO
MOTION FOR JUDGMENT NOT WITHSTANDING THE VERDICT AND
EXHIBITS A-D
By placing the document(s) listed above in a sealed envelope, addressed as set forth
below, and placing the envelope for collection and mailing in the place designated for
such in our offices, following ordinary business practices,
“ By transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m.
By causing a true copy thereof to be personally delivered to the person(s) at the
address(es) set forth below.
By electronically serving the document(s) described above via a Court approved File
& Serve vendor on those recipients designated on the Transaction Receipt located on
“the vendor’s Website.
By electronically serving the document(s) to the electronic mail address set forth
below on this date before 5:00 p.m. pursuant to the signed stipulation of the parties
and consistent with Code of Civil Procedure section 1010,6(a){2).
SEE ATTACHED SERVICE LIST
I am readily familiar with the firm’s practice of collection and processing correspondence for
mailing with the United States Postal Service. Under that practice, it would be deposited with U.S.
Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I
am aware that on motion of the party served, service is presumed invalid if postal cancellation date or
postage meter date is more than one day after date of deposit for mailing in affidavit.
I declare under penalty of perjury under the laws of the State of California that the above is true
and correct.
Executed on January g ; 2018, at Oakland, sii
_-7 (UESHIE A. ENGELMIBIER
XNRe: Rochelle v. Deng, et al.
Case Number:. CGC-16-555761
SERVICE LIST
Mark Hooshmand, Esq.
Hooshmand Law Group - San Francisco
22 Battery Street, Suite 610
San Francisco, CA 94111
Attorney for Plaintiffs, ANGELIQUE ROCHELLE, individually and as Guardian ad litem of ELLA
LAWTON and LEONA PASLAY and BAZ ROCHELLE, individually
Phone: (415) 318-5709
Fax: (415) 376-5897
mark@lawmmh.com
Daniel Piccinini, Esq.
Law Office of Daniel Piccinini
714 Van Ness Avenue
San Francisco, CA 94102
Attomey for Defendant, YU TAO TAN
Phone: (415) 345-8610
Fax: (415) 345-8612
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EDWARD J. RODZEWICH, ESQ. ~ State Bar No. 159466 HARTSUYKER, STRATMAN & WILLIAMS-ABREGO Mailing Address P.O. Box 258829 Oklahoma City, OK 73125-8829 Physical Address 505 14th Street, Suite 400 Oakland, CA 94612-1913 Phone: (510) 457-3440 Fax: (510) 238-8968 ELECTRONICALLY FILED Superior Court of California, County of San Francisco 01/24/2018 Clerk of the Court BY:RONNIE OTERO Deputy Clerk Attorney for Defendants, TREVOR DENG AND MAY DENG SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO ANGELIQUE ROCHELLE, individually and as Case No,: CGC-16-555761 Guardian ad litem of ELLA LAWTON and UNLIMITED JURISDICTION LEONA PASLAY and BAZ ROCHELLE, : Declaration of Kdward J. Rodzewich in individually, Opposition to Motion for Judgment Plaintiffs, Notwithstanding the Verdict Ank Eyhily ts AnD VS, Date: February 7, 2018 Time: 3:00pm TREVOR DENG, MAY DENG, YU TAO TAN Dept: 504 and DOES 1 to 10, , Defendants. I, Edward J. Rodzewich declare as follows: 1. Tam the attorney of record for defendants Trevor Deng and May Deng. 2. The parties completed a jury trial in Department 504. The jury verdict was returned on December 4, 2017. In response to the questions submitted to the jury in the Special Verdict, the jury found for the defense on all causes of action. A judgment form was signed by the Court and filed on December 12, 2017. : 3. As to evidence of “good faith intent” at trial, the defense provided direct testimony from defendant Trevor Deng concerning his reasons for performing an eviction. In addition, both defendant Declaration of Edward J. Rodzewleh- Opposition to Motion for INOV - 1May Deng and witness Yu Yao ‘Tan testified in Court that Yu Yao Tan (mother) planned to move into the unit in question and gave reasons why. _ 4. Those sections of the trial testimony of May Deng are now attached as Exhibit A. That is page 888 of the trial testimony, lines 6 through 23 (November 30, 2017). Those sections of the trial testimony of Yu Yao Tan are now attached as Exhibit B. That is pages 698, line 13 through page 699, line 26 of the trial testimony. (November 28, 2017). 5 At trial, the defense also put into evidence the actual eviction notice which stated that Yu Yao Tan intended to move into the unit in question. 6. At trial, plaintiff Angelique Rochelle testified at trial that she lived in an apartment in Oakland that was so small that it did note even have a living room. Those sections of the trial testimony} of Ms. Rochelle are now attached as Exhibit C. That is pages 321, line 22 through page 323, line 5 of the trial testimony. (November 21, 2017), 1 At trial, the son of Angelique Rochelle testified at trial that Ms, Rochelle’s apartment in Oakland actually did have a normal living room. Those sections of the trial testimony of Baz Rochelle are now attached as Exhibit D. That is pages 436, line 27 through page 438, line 15 of the trial testimony, (November 27, 2017). 8. Jury members Lee Blaschak and Christopher Tixrel! (foreperson) have both signed declarations explaining that the jury took the deliberations seriously and fulfilled their duties in this case, Those declarations are provided in opposition to the concurrent motion for new trial. When considering this motion (JNOV), the defense asks that the court also consider those declarations as to the diligence and hard work of the jury. 9 I declare, under penalty of perjury, under the laws of the State of California, that the above is true and correct, and from my own personal knowledge. This was signed in Oakland, California, ‘Declaration of Edward J, Rodzewich-Opposition to Motion for JNOV ~ 227 28 DATED: January 24, 2018 HARTSUYKER;STRATMAN & WILLIAMS- ABREG BY: ERWARDJ. RODZEWICH, ESQ. Attorney for Defendants, ‘TREVOR DENG AND MAY DENG Declaration of Bdward J. Rodzewich-Opposition to Motion for INOV -3EXHIBIT ATranscript of Proceedings Volume VIII November 30, 2017 you, did you ever try to use the garage and share the tandem parking? A, We did not try to share. Q. 80 what would you do with your cars during that time period? A. We parked on the street. Q. Okay. Now, still in April or May of 2014, were there any discussions within your family about having your mother move in below? A. My mother? Q. Sorry. Trevor's mother. A. Yes. Q. That's Ms. Tan; right? A. Yes, Q. And can you describe those conversations as far as your involvement? A. We talked about having his: mom move in to help us so that she could help us with the kids. Q. Okay. What were your feelings on that issue? A. I welcomed that because I needed the help. Qo. Did you get involved at all in the legal process? A. Did I get involved with the legal process? Q. pid you go to a lawyer to help have this process happen? A. I did not go a lawyer. Q. Did you read any legal notices? A, I did not read my legal notices. U.S. Legal Support | www.uslegalsupport.comEXHIBIT B27 28 Transcript of Proceedings Volume VI November 28, 2017 know? A. Move in where? Q. Moved to 776 25th Avenue. A. I think it was around April. Q. Okay. So when Trevor first moved to 776 25th Avenue in April, would you ever go and maybe take care of his children? , A. Yes. I helped him baby-sitting. And how often would you help him baby-sit? A. Rach week? Q. Sure. Hach week. A. Anywhere between three to six days per week. Q. Okay. And just to put’ a time frame on it, from April of 2014 until, say, August of 2014, would you baby-sit every week? A. Yes. Q. And what was your schedule like during the day? Would you only go in the mornings or only go in the evenings? ; A. TI went there early in the morning until maybe 6:00 to 7 PM. Q. So you would go baby~sit all day long? Yes, Q. Okay. And during this same time period -- I just stated from April, 2014, to July of 2014 -- or I'm | sorry -- August, 2014. Were you ever ill or sick during that period of time? A. No. U.S, Legal Support | www.uslegalsupport.com 6398Traneseript of Proceedings Volume VI November 28, 2017 Q. And during that same time period, did Trevor ever ask you to move into the unit below his? A, Yes. Q. What did he gay? A. He said that the children were young and by me helping there, being there in the morning and leaving in the evening, and sometimes when the weather was bad, he felt bad and he was concerned for my safety. Q. And what did you say to that? A. I agreed, Q. And did you ever pick a date when you were going to move in? A. I was ready to move there whenever he needed me to. Did he ever tell you when he would need you? A. He said he would let me know when the time came that he needed me to move in. Q. And how many times did you talk about you moving into the unit below his? A. We had many conversations. Q. Do you remember the first time you discussed the possibility of you moving into the unit below? A. f don't recall the date, One occasion that I xemember the most was back in May because it was his birthday, and we were having a meal together, and so we talked about it. Q. Was there ever a point where Trevor told you that he no longer wanted you to move into the unit below U.S. Legal Support | www,.uslegalsupport.com 699EXHIBIT C27 28 Transcript of Proceedings Volume IV November 21, 2017 you felt? A. My children, friends -- or a friend that helped me move. I don't usually talk about things that are stressful to many people. Q. Well, you've talked about stress to your therapist; right? A. To a certain degree. To the parenting counseling person, yes. Q. And you talked about stress to some of your fxlends; xight? A. I guess. Q. After you moved out, you moved to Oakland, and your rent went down; is that right? A. Yes. Q. Your rent went from 1800 down to 1450; correct? A. Tt went from 1780 to -- it's 1480 now with commuting and all kinds of other expenses. Q. So the notice says it was 1808 at the time that you were evicted, but you think the last time you paid it, it was 1780-something? A. Yeah, Or 17-something, yeah. Q. When you moved to Oakland, your rent was 1450; right? A. Yes. And that's a three-bedroom apartment; correct? Q A. It has three closets, yes. Q Does it have three bedrooms? A I believe, so, yeah. I don't know if that's U.S. Legal Support | www.uslegalsupport.comTranscript of Proceedings Volume IV November 21, 2017 legal, but yes. Q. You live in a building where all the units are three bedrooms, aren't they? A, No: Q. Well, how many units are there in your building? A. Nine. Q. All right. And have you been in some of the other apartments? A, Yes. Q. Okay. So are there three rooms that the landlord told you are bedrooms when you moved to Macarthur? A, I think it was advertised as a two-bedroom. I never spoke to the landlord. Q. Do you have a living room? A. No. QO. Do you have a kitchen? A. Yes. Q. Do you have a bathroom? “A. Yes. QO. Is it just one? A. Yes. QO. Do you have parking? A. Yes. Q. What other rooms do you have on Macarthur that is not a kitchen or bathroom? A. The bedrooms. U.S. Legal Support | www.uslegalsupport .com 322transcript of Proceedings Volume IV November 21, 2017 Q. And there are no other rooms? No dining room? No living room? A. No. Q. Do you have any pictures of that unit? A. No. I can, if you need them. Q. But there are three rooms. You sleep in one of them; correct? A. Yes. Q. And Leona sleeps in another? A. Yes. Q. Who occupies the third? A. Her dad has been staying with us while he's financially struggling. , Q. There were times that her dad paid for, like, $600 of the rent sind¢e you moved to Oakland; right? A. Yes. Q. That didn't happen when you were in San Francisco? A. In certain years, yes, he did. He contributed to rent. Q. How long ago was that? A. When she was a baby. Q. So it's been years since that happened? A. Yes. And I had many contributions in rent in San Francisco. Q. The last six months you lived in San Francisco, you were paying the rent all yourself; correct? A. Yes. U.S. Legal Support | www.uslegalsupport .comEXHIBIT D —Transcript of Proceedings Volume V November 27, 2017 after this incident or if I stayed less? Mx. Hooshmand says, Well, if you stayed more, did you ever go back to stay anymore with your mom? Do you understand what I mean? THE WITNESS: Yeah. Wo, I don't think so. I'm pretty sure it's just like it made sense that I pretty much be at my dad's house mostly, yes, 90 percent, 100 percent of the time now. Mr. Hooshmand says, "Okay." That's the last Lime that I was reading from that, your Honor. My clients bought the home, but there's been testimony that they didn't move in right away, but there was a time that they did move in and your mother was still living there. Do you remember living downstairs at your mother's house and there being moving trucks where my client's family is moving in? Were you there when that happened? A. No. I wasn't around. Qa. They are a family with young kids. Do you have any memory of a family with young kids living above you? A. I remember kids being above us, yes. Q. When? A. About -- within the same year we're moving out. Q, Okay. How about -- did you ever talk to those children? A. No. Q. Have you been to your mother's house in U.S, Legal Support { wow. uslegalsupport.com 436> Transeript of Proceedings Volume V November 27, 2017 Oakland? A. Yes. Q. And you still visit with her; is that right? A. Sometimes. Q. All right. But you now live with your father and your sister; correct? A. Yes. Q. Full time? A. Yeah. Q. And your mother's house in Oakland -- do you know if that's an apartment building? Yeah, [It's an apartment. Do you know what floor she's on? POP The third floor. Q. And when you walk into the apartment, what do you see? Is there a ~- can you describe the apartment? A. It's a three-bedroom, but it's a small two-bedroom. The kitchen and living room are close together. Q. But it has a kitchen; correct? A. Yes. Q. And it has a Living room; is that right? A. Yes, Q. Does it have an area that -- you know, some apartments have the kitchen, living room, and a dining area all in the same space? A. Yeah, kind of Like that. Q. And then that's, like, an area in her house U.S. Legal Support | www. uslegalsupport.com 43727 28 frangcript of Proceedings Volume V November 27, 2017 where she might have a table for eating and a couch? A. pO Pp OP Q. Yeah. And is that where the TV is? Yeah, with a couch. In front of the couch? Yeah. So just like a normal house? Yes. And then once you're in there, besides the kitchen and the dining, living area, there's also a bathroom; is that right? A. Q. Yes. Okay. And besides the bathroom, are there three different rooms? A. Q. Yes. And so now Leona, your younger half-sister, has her own room; is that right? A. Q. on 25th? A. Q. A. Q. Yeah. Did she ever have her own room when she lived I can't recall. Your mother has her own room; is that right? Yes. And then Leona has a father that's not your father; right? A. Q. A. Yes. What's his name? Tom. U.S. Legal Support | www.uslegalsupport.com 438Re: Rochelle v. Deng, et al. Case Number: CGC-16-555761 PROOF OF SERVICE Code of Civil Procedure §§ 1013a, 2015.5 lam a resident of the State of California and over the age of eighteen years, and not a party to the] within action. My business address is 505 14th Street, Suite 400, Oakland, CA 94612-1913, On January 3) & , 2018, I served the following document(s): DECLARATION OF EDWARD J. RODZEWICH IN OPPOSITION TO MOTION FOR JUDGMENT NOT WITHSTANDING THE VERDICT AND EXHIBITS A-D By placing the document(s) listed above in a sealed envelope, addressed as set forth below, and placing the envelope for collection and mailing in the place designated for such in our offices, following ordinary business practices, “ By transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. By causing a true copy thereof to be personally delivered to the person(s) at the address(es) set forth below. By electronically serving the document(s) described above via a Court approved File & Serve vendor on those recipients designated on the Transaction Receipt located on “the vendor’s Website. By electronically serving the document(s) to the electronic mail address set forth below on this date before 5:00 p.m. pursuant to the signed stipulation of the parties and consistent with Code of Civil Procedure section 1010,6(a){2). SEE ATTACHED SERVICE LIST I am readily familiar with the firm’s practice of collection and processing correspondence for mailing with the United States Postal Service. Under that practice, it would be deposited with U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on January g ; 2018, at Oakland, sii _-7 (UESHIE A. ENGELMIBIER XNRe: Rochelle v. Deng, et al. Case Number:. CGC-16-555761 SERVICE LIST Mark Hooshmand, Esq. Hooshmand Law Group - San Francisco 22 Battery Street, Suite 610 San Francisco, CA 94111 Attorney for Plaintiffs, ANGELIQUE ROCHELLE, individually and as Guardian ad litem of ELLA LAWTON and LEONA PASLAY and BAZ ROCHELLE, individually Phone: (415) 318-5709 Fax: (415) 376-5897 mark@lawmmh.com Daniel Piccinini, Esq. Law Office of Daniel Piccinini 714 Van Ness Avenue San Francisco, CA 94102 Attomey for Defendant, YU TAO TAN Phone: (415) 345-8610 Fax: (415) 345-8612