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STEVEN A. BOOSKA SBN 107899
ATTORNEY AT LAW
PO BOX 2169
CAKLAND, CA 94621 ELECTRONICA
Telephone: (415) 397-4345 FILE
Facsimile: (415) 982-3440 Superior Court of |
Attorney for Plaintiff County of San
File No: 20140473 98/21/29
BY:KIMBERLY CLA\
Deputy
IN THE SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL DIVISION
HDM FURNITURE INDUSTRIES, INC., ) Case No.: CGC-15-544243
HERITGAGE HOME GROUP LLC,
DECLARATION OF STEVEN A. BOOSKA
IN SUPPORT OF MOTION FOR DEEMED
Plaintiff, ADMISSIONS
er Date: October 7, 2015
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VICTORIA L. CARD; VICTORIA L. : Peer e aaa
CARD INDIVIDUALLY AND DBA )
PACIFIC HEIGHTS PLACE, et al., )
Defendant :
Dept: 302
Reservation No: 08201007-07
I, STEVEN A. BOOSKA, declare as follows;
1. I am an attorney at law licensed to practice in all
courts of the State of California.
2. I am the attorney for plaintiff in the above-captioned
matter.
are My office under my supervision served on defendant,
VICTORIA L. CARD; VICTORIA L. CARD INDIVIDUALLY AND DBA PACIFIC
HEIGHTS PLACE, a set of Request for Admissions on April 20, 2015
Copies of these Request for Admissions are attached hereto as
Exhibit “A” and incorporated herein.4, On or about August 4, 2015, with no response to the
Request for Admissions in my receipt, I sent correspondence to
defendant requesting that she forward the responses to me within
ten days. A copy of this correspondence is attached as Exhibit
“BY” and incorporated herein. As of the date of this Declaration,
I have not received any responses to the discovery and I have
not heard from defendant to discuss this matter.
5. My office bills at a rate of $300.00 per hour. My
office has expended two and a half hours in the preparation of
this motion. In additions, there is a $60.00 filing fee for the
hearing of this matter which brings the total costs associated
with this motion to $810.00.
I declare under penalty of perjury under the laws of the
State of California that the foregoing is within my personal
knowledge and is true and correct and if called upon to testify
T could competently do so.
(Ne
STEVEN A. poe
Attorney at Law
Dated: August 21, 2015EXHIBIT ASTEVEN A. BOOSKA
Attorney at Law
P.O, Box 194650
San Francisco, CA 94119
Telephone: (415) 397-4345
State Bar #107899
Attorney for Plaintiff
IN THE SUPERTOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN FRANCISCO
UNLIMITED CIVIL JURISDICTION
HDM FURNITURE INDUSTRIES, INC. NO. CGC15544243
HERITAGE HOME GROUP LLC,
REQUEST FOR ADMISSIONS
Plaintiff,
ve.
VICTORIA L. CARD; VICTORIA L. CARD
INDIVIDUALLY AND DBA PACI
FIC HEIGHTS PLACE; DOES 1-10,
Defendants.
Requesting Party: Plaintiff - HDM FURNITURE INDUSTRIES, INC.
HERITAGE HOME GROUP LLC,
Set Number: One
Responding Party: Defendant - VICTORIA L. CARD; VICTORIA L.
CARD INDIVIDUALLY AND DBA PACT
FIC HEIGHTS PLACE; DOES 1-10,
To defendant, VICTORIA L. CARD; VICTORIA L. CARD
INDIVIDUALLY AND DBA PACI
FIC HEIGHTS PLACE; DOES 1-10, , and to its attorney of
record:You are requested to admit the following items within thirty
days after service of this Request for Admissions:
You are requested to admit that each of the following facts
is true:
1. That within the last four years you became indebted to
plaintiff in the agreed sum of $31,323.50.
2. That within the last four years you agreed to pay the
amount of $31,323.50 to plaintiff.
3. That no part cf the $31,323.50 owed plaintiff by you
has been paid, although demand therefor has been made.
4. That there is now due, owing and unpaid the sum of
$31,323.50, together with interest thereon at the rate of 7% per
year from September 12, 2014.
5. That within the last four years you became indebted to
plaintiff on a book account for a balance due in the amount of
$31,323.50.
6. That within the last four years there was an account
stated in writing by and between plaintiff and you, whereby it
was agreed that you were indebted to plaintiff in the sum of
$31,323.50.
7. That the signature over the name “Victoria Card” on page
2 of the attached is a copy of a signature criginally made by
you.
Dated: April 20, 2015
STEVEN A. BOOSKA
Attorney for PlaintiffPROMISSORY NOTE
$62,726.56 ST, LOUIS, MO
DECEMBER 16, 2009
The undersigned maker promises to pay to the order of FURNITURE BRANDS
INTERNATIONAL, INC., a Delaware corporation, the sum of Sixty-Two Thousand Seven Hundred
Twenty-Six Dollars and Fifty-Six Cents ($62,726.56).
Principal shall be repaid in equa] monthly installments as follows: One Thousand Five Hundred
Dollars ($1,500.00) commencing on the 3ist day of January 2010, and One Thousand Five Hundred
Dollars ($1,500.00) on the last business day of each month thereafter until this Note is fully paid,
Any iastallments and/or the entire amount of principal remaining unpaid, upon the failure to pay
when due any installment of principal, shall, at the option of the holder become immediately due and
payabie, Failure at any time or from time to time to exercise such option shall not constitute a waiver of
the right to exercise it at any later time. After any default in the payment of principal hereunder, interest
on the entire unpaid principal balance shall then accrue at the rate of eighizen percent (18%) per annum,
payable as otherwise provided herein or upon demand by the holder.
Any amounts paid by the maker of this Note shall be applied first in payment of interest then due,
and the remainder in reduction of the principal.
The holder hereof may arrange, adjust, and extend the times and amounts of peyments of interest
and/or principal under this Note without notice to or consent of and without releasing any party liable
hereon. All parties hereto consent and agree to waive presentment for payment, demand for payment,
protest and notice of dishonor, and to any extensions, renewals, or revisions hereof, and further consent to
the release of any party hereto or any collateral or security for the payment of this Note without affecting
their liability hereunder.
This Note is secured by a security interest in the Collateral, as such term is defined in that certain
Secnrity Agreement by and between holder and maker, dated as of the date hereof (the “Security
Agreement”).
In the event of default in any of the terms, covenants, or conditions of the Security Agreement
creating the aforesaid security interest, the holder hereof may at the option of the holder, accelerate the
maturity date of this Note and demand immediate payment of the entire principal balance thereof plus ali
interest then due, all of which the maker then agree to pay.
The maker hereof shall have the right to prepay the principal of this Note in whole or in part at
any time prior to demand, and without penalty.
The obligations of every party who signs this Note, whether as maker or co-maker and whether
originally or by being added thereto, shall be joint and several. The holder hereof may surrender this
Note to the party paying the final installment hereunder.
In the event of s default, the maker hereof shail pay all costs and expenses, including reasonable
attorneys’ fees, incurred in the collection or enforcement of this Note.Receipt is acknowledged by maker of valuable consideration for the making of this Note and of a
copy of this Note,
This Note is hereby deemed made and delivered in the Staie of Missouri, It shal! be governed by
and in accordance with the laws of the State of Missouri.
This Note is payable at and the address for notice to the holder is Atta: Credit Department, 1
North Brentwood Bivd., St. Louis, MO 63105 or such other place as the holder hereof may from time to
time designate in writing. The address for notice to maker shall be 1525 Union Street, San Francisco, CA
94123 or such other place 4s muker may from time to time designate in writing provided that the notice of
change is acknowledged in writing by the then holder of this Note.
Vuctiouack (ud 12/07/04
Name: Victoria L. CardALLONGE
FOR VALUE RECEIVED, the undersigned FURNITURE | BRANDS
INTERNATIONAL, INC, a Delaware corporation (the “Assignor”), payee. under that certain
Promissory Note, dated as of December 16, 2009 made by VICTORIA L. CARD in the ofiginal
principal amount of $62,726.56, payable to the Assignor (the “Note”), hereby absolutely assigns,
transfers, endorses, negotiates atid sets over to and makes payable to the order of
the Noie and all interest, principal and other sums due or to
become due under the Note, and all other rights.of any nature accrued or to acorve under the
Note, without recourse, representation or warranty, express or implied.
2
Dated as of
- FURNITURE BRANDS
2 bincalt abe BA,
Title: S niae Vice efi Md F
Chel Prcenciad OftcerPROOF OF SERVICE BY MAIL
c.c.P. SEC. 1013a 2015.5
I declare that J am employed in the county of Alameda, California.
I am over the age of eighteen years and not a party to the within
entitled cause; my business address is:
1141 Harbor Bay Parkway, Suite 206, Alameda CA 94502
On April 20, 2015, I served the attached:
REQUESTS FOR ADMISSIONS
to the parties by mailing a true copy thereof enclosed in a sealed
envelope with postage thereon fully prepaid, in the United States
mail at Alameda, CA addressed as follows:
PACIFIC HEIGHTS PLACE
VICTORIA L. CARD
1525 UNION STREET
SAN FRANCISCO CA 94123
VICTORIA L. CARD
PO BOX 502
PETALUMA CA 94953
I declare under penalty of perjury that the foregoing is true and
correct and that this declaration was executed on April 20, 2015,
at Alameda, California.
CHRISSIE LOUIE
Type or Print Name SignatureEXHIBIT BSTEVEN A. BOOSKA
Attomey At Law
P.O. Box 2169
Oakland, CA 94621
Steven A. Booska Tel: (415) 397-4345 Fax: (415} 982-3440
Toll Free: (800) 565-6752
stevenb@booskalaw.com
August 4, 2015
Pacific Heights Place
Victoria L. Card
P.O. Box 502
Petaluma, CA 94953
Re: HDM Furniture Industries v. Victoria L. Card, et al.,
Court Case No: CGC15544243
Our File No: 20140473
Dear Ms. Card,
You failed to respond to our Form Interrogatories and
Request for Admissions. Your responses were due May 27, 2015.
Accordingly, you waived any right to exercise the option to
object to any and all discovery. We will suspend our filed for
ten (10) days to wait your responses to the discovery before we
proceed with our motions compelling your responses which will
include a request for monetary sanctions.
Very truly yours,
stevah BY-S00Ske
SAB:cll
cc: Pacific Heights Place
Victoria L. Card
1525 Union Street
San Francisco, CA 94123
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STEVEN A. BOOSKA SBN 107899 ATTORNEY AT LAW PO BOX 2169 CAKLAND, CA 94621 ELECTRONICA Telephone: (415) 397-4345 FILE Facsimile: (415) 982-3440 Superior Court of | Attorney for Plaintiff County of San File No: 20140473 98/21/29 BY:KIMBERLY CLA\ Deputy IN THE SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO UNLIMITED CIVIL DIVISION HDM FURNITURE INDUSTRIES, INC., ) Case No.: CGC-15-544243 HERITGAGE HOME GROUP LLC, DECLARATION OF STEVEN A. BOOSKA IN SUPPORT OF MOTION FOR DEEMED Plaintiff, ADMISSIONS er Date: October 7, 2015 ) ) ) ) ) ) ) + VICTORIA L. CARD; VICTORIA L. : Peer e aaa CARD INDIVIDUALLY AND DBA ) PACIFIC HEIGHTS PLACE, et al., ) Defendant : Dept: 302 Reservation No: 08201007-07 I, STEVEN A. BOOSKA, declare as follows; 1. I am an attorney at law licensed to practice in all courts of the State of California. 2. I am the attorney for plaintiff in the above-captioned matter. are My office under my supervision served on defendant, VICTORIA L. CARD; VICTORIA L. CARD INDIVIDUALLY AND DBA PACIFIC HEIGHTS PLACE, a set of Request for Admissions on April 20, 2015 Copies of these Request for Admissions are attached hereto as Exhibit “A” and incorporated herein.4, On or about August 4, 2015, with no response to the Request for Admissions in my receipt, I sent correspondence to defendant requesting that she forward the responses to me within ten days. A copy of this correspondence is attached as Exhibit “BY” and incorporated herein. As of the date of this Declaration, I have not received any responses to the discovery and I have not heard from defendant to discuss this matter. 5. My office bills at a rate of $300.00 per hour. My office has expended two and a half hours in the preparation of this motion. In additions, there is a $60.00 filing fee for the hearing of this matter which brings the total costs associated with this motion to $810.00. I declare under penalty of perjury under the laws of the State of California that the foregoing is within my personal knowledge and is true and correct and if called upon to testify T could competently do so. (Ne STEVEN A. poe Attorney at Law Dated: August 21, 2015EXHIBIT ASTEVEN A. BOOSKA Attorney at Law P.O, Box 194650 San Francisco, CA 94119 Telephone: (415) 397-4345 State Bar #107899 Attorney for Plaintiff IN THE SUPERTOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN FRANCISCO UNLIMITED CIVIL JURISDICTION HDM FURNITURE INDUSTRIES, INC. NO. CGC15544243 HERITAGE HOME GROUP LLC, REQUEST FOR ADMISSIONS Plaintiff, ve. VICTORIA L. CARD; VICTORIA L. CARD INDIVIDUALLY AND DBA PACI FIC HEIGHTS PLACE; DOES 1-10, Defendants. Requesting Party: Plaintiff - HDM FURNITURE INDUSTRIES, INC. HERITAGE HOME GROUP LLC, Set Number: One Responding Party: Defendant - VICTORIA L. CARD; VICTORIA L. CARD INDIVIDUALLY AND DBA PACT FIC HEIGHTS PLACE; DOES 1-10, To defendant, VICTORIA L. CARD; VICTORIA L. CARD INDIVIDUALLY AND DBA PACI FIC HEIGHTS PLACE; DOES 1-10, , and to its attorney of record:You are requested to admit the following items within thirty days after service of this Request for Admissions: You are requested to admit that each of the following facts is true: 1. That within the last four years you became indebted to plaintiff in the agreed sum of $31,323.50. 2. That within the last four years you agreed to pay the amount of $31,323.50 to plaintiff. 3. That no part cf the $31,323.50 owed plaintiff by you has been paid, although demand therefor has been made. 4. That there is now due, owing and unpaid the sum of $31,323.50, together with interest thereon at the rate of 7% per year from September 12, 2014. 5. That within the last four years you became indebted to plaintiff on a book account for a balance due in the amount of $31,323.50. 6. That within the last four years there was an account stated in writing by and between plaintiff and you, whereby it was agreed that you were indebted to plaintiff in the sum of $31,323.50. 7. That the signature over the name “Victoria Card” on page 2 of the attached is a copy of a signature criginally made by you. Dated: April 20, 2015 STEVEN A. BOOSKA Attorney for PlaintiffPROMISSORY NOTE $62,726.56 ST, LOUIS, MO DECEMBER 16, 2009 The undersigned maker promises to pay to the order of FURNITURE BRANDS INTERNATIONAL, INC., a Delaware corporation, the sum of Sixty-Two Thousand Seven Hundred Twenty-Six Dollars and Fifty-Six Cents ($62,726.56). Principal shall be repaid in equa] monthly installments as follows: One Thousand Five Hundred Dollars ($1,500.00) commencing on the 3ist day of January 2010, and One Thousand Five Hundred Dollars ($1,500.00) on the last business day of each month thereafter until this Note is fully paid, Any iastallments and/or the entire amount of principal remaining unpaid, upon the failure to pay when due any installment of principal, shall, at the option of the holder become immediately due and payabie, Failure at any time or from time to time to exercise such option shall not constitute a waiver of the right to exercise it at any later time. After any default in the payment of principal hereunder, interest on the entire unpaid principal balance shall then accrue at the rate of eighizen percent (18%) per annum, payable as otherwise provided herein or upon demand by the holder. Any amounts paid by the maker of this Note shall be applied first in payment of interest then due, and the remainder in reduction of the principal. The holder hereof may arrange, adjust, and extend the times and amounts of peyments of interest and/or principal under this Note without notice to or consent of and without releasing any party liable hereon. All parties hereto consent and agree to waive presentment for payment, demand for payment, protest and notice of dishonor, and to any extensions, renewals, or revisions hereof, and further consent to the release of any party hereto or any collateral or security for the payment of this Note without affecting their liability hereunder. This Note is secured by a security interest in the Collateral, as such term is defined in that certain Secnrity Agreement by and between holder and maker, dated as of the date hereof (the “Security Agreement”). In the event of default in any of the terms, covenants, or conditions of the Security Agreement creating the aforesaid security interest, the holder hereof may at the option of the holder, accelerate the maturity date of this Note and demand immediate payment of the entire principal balance thereof plus ali interest then due, all of which the maker then agree to pay. The maker hereof shall have the right to prepay the principal of this Note in whole or in part at any time prior to demand, and without penalty. The obligations of every party who signs this Note, whether as maker or co-maker and whether originally or by being added thereto, shall be joint and several. The holder hereof may surrender this Note to the party paying the final installment hereunder. In the event of s default, the maker hereof shail pay all costs and expenses, including reasonable attorneys’ fees, incurred in the collection or enforcement of this Note.Receipt is acknowledged by maker of valuable consideration for the making of this Note and of a copy of this Note, This Note is hereby deemed made and delivered in the Staie of Missouri, It shal! be governed by and in accordance with the laws of the State of Missouri. This Note is payable at and the address for notice to the holder is Atta: Credit Department, 1 North Brentwood Bivd., St. Louis, MO 63105 or such other place as the holder hereof may from time to time designate in writing. The address for notice to maker shall be 1525 Union Street, San Francisco, CA 94123 or such other place 4s muker may from time to time designate in writing provided that the notice of change is acknowledged in writing by the then holder of this Note. Vuctiouack (ud 12/07/04 Name: Victoria L. CardALLONGE FOR VALUE RECEIVED, the undersigned FURNITURE | BRANDS INTERNATIONAL, INC, a Delaware corporation (the “Assignor”), payee. under that certain Promissory Note, dated as of December 16, 2009 made by VICTORIA L. CARD in the ofiginal principal amount of $62,726.56, payable to the Assignor (the “Note”), hereby absolutely assigns, transfers, endorses, negotiates atid sets over to and makes payable to the order of the Noie and all interest, principal and other sums due or to become due under the Note, and all other rights.of any nature accrued or to acorve under the Note, without recourse, representation or warranty, express or implied. 2 Dated as of - FURNITURE BRANDS 2 bincalt abe BA, Title: S niae Vice efi Md F Chel Prcenciad OftcerPROOF OF SERVICE BY MAIL c.c.P. SEC. 1013a 2015.5 I declare that J am employed in the county of Alameda, California. I am over the age of eighteen years and not a party to the within entitled cause; my business address is: 1141 Harbor Bay Parkway, Suite 206, Alameda CA 94502 On April 20, 2015, I served the attached: REQUESTS FOR ADMISSIONS to the parties by mailing a true copy thereof enclosed in a sealed envelope with postage thereon fully prepaid, in the United States mail at Alameda, CA addressed as follows: PACIFIC HEIGHTS PLACE VICTORIA L. CARD 1525 UNION STREET SAN FRANCISCO CA 94123 VICTORIA L. CARD PO BOX 502 PETALUMA CA 94953 I declare under penalty of perjury that the foregoing is true and correct and that this declaration was executed on April 20, 2015, at Alameda, California. CHRISSIE LOUIE Type or Print Name SignatureEXHIBIT BSTEVEN A. BOOSKA Attomey At Law P.O. Box 2169 Oakland, CA 94621 Steven A. Booska Tel: (415) 397-4345 Fax: (415} 982-3440 Toll Free: (800) 565-6752 stevenb@booskalaw.com August 4, 2015 Pacific Heights Place Victoria L. Card P.O. Box 502 Petaluma, CA 94953 Re: HDM Furniture Industries v. Victoria L. Card, et al., Court Case No: CGC15544243 Our File No: 20140473 Dear Ms. Card, You failed to respond to our Form Interrogatories and Request for Admissions. Your responses were due May 27, 2015. Accordingly, you waived any right to exercise the option to object to any and all discovery. We will suspend our filed for ten (10) days to wait your responses to the discovery before we proceed with our motions compelling your responses which will include a request for monetary sanctions. Very truly yours, stevah BY-S00Ske SAB:cll cc: Pacific Heights Place Victoria L. Card 1525 Union Street San Francisco, CA 94123