Preview
19CV340508
Santa Clara — Civil
[Exempt From Filing Fee
Government Code § 6103]
R. Nguyen,
F. GALE CONNOR (Bar No. 131994) Electronically Filed
MILLER STARR REGALIA by Superior Court of CA,
A Professional Law Corporation County of Santa Clara,
351 California St, Suite 1110
San Francisco, California 94104 on 10/16/2019 5:17 PM
Telephone: 415 638 4800 Reviewed By: R. Nguyen
Facsimile: 415 371 1012 Case #19CV340508
Email: gale.connor@msrlegal.com Envelope: 3529327
ahva.aflatooni@msrlegal.com
Attorneys for Plaintiff CITY OF SANTA CLARA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
10
CITY OF SANTA CLARA, a California Case No. 19CV340508
11 Charter City,
APN: 104-30-36
2 Plaintiff,
DECLARATION OF F. GALE CONNOR
13 Vv. IN SUPPORT OF REPLY TO
DEFENDANT’S OPPOSITION TO
14 D.E. IL RESTAURANTS, INC., a California MOTION FOR PREJUDGMENT
corporation; and DOES 1 - 50, POSSESSION
15
Defendants. Hon. Peter H. Kirwan
16
Date: October 31, 2019
17 D.E. IT RESTAURANTS, INC., a California Time: 9:00 a.m.
corporation, Dept.: 19
18
Cross-Complainant, Complaint Filed: January 2, 2019
19 Trial Date: None Set
CITY OF SANTA CLARA, a California
20 Charter City, and DOES 1- 50,
21 Cross-Defendants,
22
23 I, F. Gale Connor, declare as follows:
24 1 1am an attorney duly licensed to practice before all courts of the State of
25 California, and am a shareholder with the firm of Miller Starr Regalia, counsel for plaintiff/cross-
26 defendant City of Santa Clara (“City”) in the above-captioned matter.
27
28
DECLARATION OF FGC ISO OF REPLY TO DEFENDANT’S OPPOSITION TO MOTION FOR PREJUDGMENT POSSESSION
SCLA\S2374\2175295.1 1
2, I make this Declaration in Support of the City’s Motion for Prejudgment
Possession I have personal knowledge of the facts set forth below, and if called as a witness, I
could and would and could competently testify thereto.
3 Attached hereto as Exhibit A is a true and correct copy of excerpts from the
transcript of the deposition of David Ebrahimi taken on September 11, 2019.
4. Attached hereto as Exhibit B is a true and correct copy of excerpts from the
transcript of the deposition of Ruth Shikada taken August 14, 2019.
5 Attached hereto as Exhibit Cis a true and correct copy of the Relocation
Assistance Handbook and Notice of Eligibility for Relocation Benefits, attached as Exhibit G to
10 the Ebrahimi deposition transcript.
11 I declare under penalty of perjury, according to the laws of the State of California, that the
12 foregoing is true and correct. Executed at San Francisco, California on this & day of October,
13 2019.
14
15
eer Bee
F. Gale Connor
16
17
18
19
20
21
22
23
24
25
26
27
28
DECLARATION OF FGC ISO OF REPLY TO DEFENDANT’S OPPOSITION TO MOTION FOR PREJUDGMENT POSSESSION
SCLA\52374\2175295.1 2:
EXHIBIT A
Plaintiff?s Reply to Defendant’s Opposition to
Motion for Prejudgment Possession
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
CITY OF SANTA CLARA, a,
California Charter City,
Plaintiff,
oa No 19CV340508
D.E. II RESTAURANTS, INC.,
a California corporation;
and DOES 1 5 50,
10
Defendants.
11
12
AND RELATED CROSS-COMPLAINT./
13
14
15
DEPOSITION OF PERSON MOST KNOWLEDGEABLE
16
DAVID EBRAHIMI
17
18
DATE: Wednesday, September 11, 2019
19
TIME: 9:52 a.m.
20
LOCATION: PACIFIC WORKPLACES
21 111 North Market Street
Suite 300
22 San Jose, CA 95113
23
24 REPORTED BY: AUDREY KLETTKE, CSR NO. 11875
25
L
BARKLEY
DAVID EBRAHIMI, PMK Court Reporters
MR. JENNY: You've answered him. You said you
don't recall the first time. That was his question.
Q BY MR. CONNOR: Would it have been sometime in
2018?
A That's when I got a letter.
Q Is it your recollection that was the first time
someone from the city affirmatively told you the
banquet hall has to go?
A Yes.
10 MR. CONNOR: I would like to mark as Exhibit 6
11 a letter dated October 5th, 2018, from Deanna Santana
12 to D.E. Restaurants, Ine.
13
(easton ked £
14 oO
15 Q BY MR. CONNOR: A moment ago you referred to
16 receiving a letter in 2018. Is this the letter you
17 were talking about?
18 A No, that's not this letter. There was another
19 letter that I received for eminent domain purpose.
20 This is different.
21 Q Was the letter you were referring to an offer
22 to purchase your lease?
23 Let me back up.
24 Was the other letter you were referring to
25 received in roughly the same timeframe as Exhibit 6,
46
BARKLEY
DAVID EBRAHIMI, PMK Court Rep.
Ww "Not
ty x a on
Ththe
at headi's
ng there.
agian
" sett s to 101 y you -ha you e nov
elig te to > Xr elo on ssSi ta ce Yu Ind rt h le
Cit 3a nta ara's non es ti
tial rel loca on
ance
And oes on CO refe or EaBiE.S some ode
Ae se ot, on
10
11 h the ie he Was a r on
ong Ce
12 assistance handbook, which I believe
ve is attache ie
ey
13
‘ggbacl ital
Di uebbabattatietter a, Ee:
14 Decree
2B enn,
15
16 Boome OS cote
17 Q I note from the table of contents, Bates page
18 3539.06 =
19 MR. CONNOR: Let's go off the record.
20 (Discussion off the record.)
21 MR. CONNOR: Before we went off the record, I
22 spilled a cup of coffee, stained Exhibits 3, 4 and 6.
23 We have since swapped them out for clean versions,
24 remarked them, but they are the same documents.
25 Q. BY MR. CONNOR: Before we broke we were talking
48
BARKLEY
DAVID EBRAHIMI, PMK Court Reporters
Q Until you find it are you able to say what type
of rewiring might be required?
A Kitchen equipment needs all the wiring. I
don't know what I'm going to find. If it's existing
restaurant and banquet hall, probably a lot of the
wiring is there needs to be worked out. But if it's
warehouse with four walls, everything has to be -- not
only that. Grease traps, air-conditioners, all the
amenities that banquet hall needs.
10 Q So any theoretical build-out would be dependent
11 on the building itself?
12 A That's true.
13 Q. And at this point for me to ask you what would
14 npsdebemtead one. .c.accompdat caauspaceStedyour
aay
15 business that,.would.j ust be speculative?
16 A. Exactly. i
17 Q So I won't ask you.
18 MR CONNOR: Let's take a ten-minute break I
19 think I've got about 20 minutes left, okay? But I
20 want -- it may go 30. So I want to give the court
21 reporter a little bit of a break here. Let's take a
22 ten-minute break, and we'll pick up and do the final
23 push through at about 1:30.
24 (A short recess was taken.)
25 MR. CONNOR: While we were off the record,
106
BARKLEY
DAVID EBRAHIMI, PMK Court Reporters
of development, so I don't know.
Q Do you believe that the Hunter by Avaya could
take up to seven years before it's available?
A Could be. Depending on the economy and finding
contractors. God knows. Too many variables.
Q Any other locations?
Some ike
ce mine does not exist. Compar. 7 b1 e t o
mine does not exis in on
Q If that's the case, then no matter how hard you
10 look, you're not going to be able to find a suitable
11 relocation site?
12 A Yes, I can. On 240 acres of the city's
13 development.
14 Q Other than the Related development, is there
15 any other possible location in all of Silicon Valley
16 that you think would be suitable --
17 A Vallco Shopping Center is another one. The
18 other one would be by Avaya.
19 Q We just talked about Hunter by Avaya?
20 Right.
21 Let's talk about the Vallco Shopping Center
22 again. You've looked at that, correct?
23 Right.
24 What was the problem with moving there now?
25 10 years. I'm not waiting.
101
BARKLEY
DAVID EBRAHIMI, PMK Court Reporters
It won't be available for ten years?
A. (Nodded head up and down.)
Oka’ be
concl on) at u
re oc ic on site bu S: tha wol a Ye
he ne
in
A
Camueiabaieeevour-belichieg
A.
That
my beli
's ef.
10 Q If we could go back to Exhibit 1 again, which
11 is the Notice of Deposition, Page 4. Request Number 4
12 is for, "All documents which refer or relate to any
13 contracts for events at 5131 Stars & Stripes Drive at
14 anytime after December 30, 2019,"
15 Do you as of today have any contracts for
16 events at the banquet facility?
17 A Yes, we do.
18 Q. Did you bring them with you today?
19 A No.
20 Q. Why not?
21 A. I just don't have it today.
22 Q Well, you were here two weeks ago for your
23 deposition. Did you bring it then?
24 A Because some of these -- some of these
25 contracts that we have -- because we've been there for
102
BARKLEY
DAVID EBRAHIMI, PMK Court Reporters
the brokers you were working with?
ily hire him For j me
ocal d him for pr tk at apie na
fon: g O°oing
wi th oc
reloca tion, necess sari yf ng1g
c_—me
Q. So his services —
Help me through the process I'm going through.
Q And the process would be if somebody else or if
you or somebody else could find a relocation site, what
10 do I do then? Would that be a fair summary?
11 A. That's faiz.
12
13 ot wo. lot can d Ln of
14 a plan for physical corre
moving, ly
15
16 Q Okay.
17 MR. CONNOR: I would like to mark as Exhibit 21
18 an e-mail dated January 29, 2019, from Robert Swenson
19 to Jean Ebrahimoun.
20 (Plaintiff's Exhibit 21 was marked for
21 identification.)
22 Q BY MR. CONNOR: Do you recall having seen this
23 e-mail before?
24 A. Yes.
25 Q In this e-mail he advises you and your wife to
115
BARKLEY
DAVID EBRAHIMI, PMK Court Reporters
1b. m.
rou're not su:
em Sis be ce 3) Ly
Do
De u rer hor many tit ou spo
him over the phone?
Q. More than once?
JA. Yes. —
QupeeablOeSeatsba
Defi vest i mer zm
10 ‘A. No.
11 QueeS2abstvesy,
one and-five times 2m,
12 A. ven five times.
13 (Q. Twice maybe?
14 A. Maybe. —
15 Q. Okay. For how long did you meet with him on _
16 June 10th?
17 A. I don't recall.-
18 Q. More than an hour?
19
20 Q Perhaps more than an hour, perhaps not?
21 A Maybe.
22 Q Do you remember what you discussed?
23 A Part of his services and his involvement
24 with -- with our situation and some of his background.
25 Does he have any background in the catering
119
BARKLEY
DAVID EBRAHIMI, PMK Court Reporters
business?
A We did not discuss about that.
Q. Does he have any background in banquet —
facilities?
Q. Has he ever successfully relocated
a banquet
facility?
A.doIn't know.
Q. Did you ask him? _
10 A No, r didn't.
11 Q. And he didn't volunteer that? |
12 DsauNo-es
13 Q Did you show him around?
14 A. I don't recall that, whether we walked the
15 premises or not.
16 Q Did you sit at a table in the dining area and
7) discuss these things?
18 A In the banquet hall.
19 Q Do you remember anything that you might have
20 asked him, any questions you had for him?
21 A. The question was how his involvement would be
22 with the whole situation, how he would help to whatever
23 we're looking for.
24 Q What did he tell you?
25 A I know he was talking to my attorney.
120
BARKLEY
DAVID EBRAHIMI, PMK Court Reporters
A He would be very useful to be involved in the
process.
Q. How so?
A. How? By his expertise and his experience in
this field.
Q He wasn't going to help you find a relocation
site, correct?
A His services is what is indicated in here
(indicating). I would have to read all that to see
10 whether he was looking to find me a location or was
11 helping me to move to the location.
12 1 thought a minute ago you said you -- I
13 want -- I don't want to put words in your mouth or
14 misunderstand.
15 yo hat you « MH
was ae ae
goi e he lpi 1g you find a
16 to b
17 relocation site th at he was going to be pro.
18 other services
19 lat mat say ng now
20 Q Okay. Those other services would come into
21 play once you found a place that's suitable?
22 A The right process of moving.
23 Q Once you find a site, correct?
24 Well, I have to have a place to move.
25 MR. CONNOR: I will mark as Exhibit 23 an
122
BARKLEY
DAVID EBRAHIMI, PMK Court Reporters
EXHIBIT B
Plaintiffs Reply to Defendant’s Opposition to
Motion for Prejudgment Possession
Ruth Shikada
August 14, 2019
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF SANTA CLARA
UNLIMITED JURISDICTION
CITY OF SANTA CLARA, a California
Charter City,
Plaintiff,
vs. 19CV340508
D.E. II RESTAURANTS, INC., a
California corporation; and DOES 1-50
Defendants.
DEPOSITION OF RUTH SHIKADA
Date: Wednesday, August 14, 2019
Time: 10:02 a.m.
Location: BELL & MYERS COURT REPORTERS
AND LEGAL VIDEOGRAPHERS
2055 Junction Avenue, Suite 200
San Jose, CA 95131
Reported By Lisa Helgoe, CSR 12216
U.S. Legal Support | www.uslegalsupport.com
Ruth Shikada
August 14, 2019
THE WITNESS: So on the second page or the page
that is labeled, "Phasing and early access project,"
the -- this is an indication of -- of the scope of work
for the temporary road across the golf course, and it
says that the construction of that will conclude in
February 2020.
Q (By Mr. Jenny) Do you know when that construction
will begin?
A We are preparing to begin construction on -- as of
10 November list, 2019.
11 Q And if you turn to the next page --
12 Excuse me.
13 Go ahead.
14 For == ing
15 ry sad as s
16 Er hme SG
a No em
7 ni
ound ‘asl an to SSs
18 ‘amp
19 and St Ss Ww or!x! ke Y so that
20 cons et on < Ia! on ut no’
21 Q If you turn to the third page where it talks about
22 Phase 2, does this identify any construction timing
23 issues here? Help me understand when it's going to start
24 or finish.
25 A Are we talking about the diagram phasing Tasman
U.S. Legal Support | www.uslegalsupport.com 44
Ruth Shikada
August 14, 2019
City's motion for the prejudgment possession?
A Yes.
Q In Paragraph 2 you state that construction will
soon begin in the first sentence.
What do you mean by soon begin?
sta es. of pul imp: veme ents
or the projec
proje So s I ed the
col on of the ral Amp an 1g
ea nd Sta and es d
10 st in And hen wou. a aally would
11 ca the re st tic pu ic as
as re,
ucture andad t
12
also
started
in July.)
13 Is there any other way to get the infrastructure
14 that will go underneath the new Stars and Stripes Drive
15 to the Phase I project other than going underneath Stars
16 and Stripes Drive?
17 Any other options considered or investigated?
18 A There are -- so the only other option if it
19 cannot -- if infrastructure cannot go below grade, it
20 would be above grade and then infrastructure is not above
21 grade. So I think that we considered above grade
22 infrastructure for a second, and then the infrastructure
23 must go below grade.
24 Q Why is that?
25 A Because sanitary sewer lines, electrical lines,
U.S. Legal Support | www.uslegalsupport.com TL
EXHIBIT C
Plaintiffs Reply to Defendant’s Opposition to
Motion for Prejudgment Possession
\
City of City Manager's Office
Santa Clara
The Genter af What's Posaible
VIA CERTIFIED MAIL
October 5, 2018
D.E. If Restaurants, Inc.
Attention: David Ebrahimi
5131 Stars & Stripes Drive
Santa Clara, CA 95054
Re: Notice of Eligibility for Relocation Benefits with 90-Day Assurance
D.E. I Restaurants, Inc.
City of Santa Clara— Realignment of Stars & Stripes Drive
APN: 104-030-36 (portion)
Property: 5131 Stars and Stripes Drive, Santa Clara
Dear Mr. Ebrahimi:
As you may be aware, the City of Santa Clara (the “City”) is planning for the
Realignment of Stars & Stripes Drive Project (“Project”). The realignment includes
widening a portion of the existing roadway along the north side of the existing street
right of way requiring the removal all improvements that are currently located along
the north line of the existing street. The improvements that will need to be removed
include; the banquet facility and (now vacant) former David’s Restaurant buildings and
related parking, a number of tennis courts and the entirety of the golf and tennis center
clubhouse building.
After a careful assessment, the commercial property owned by the City and located at
5131 Stars & Stripes Drive in Santa Clara, California (the “Property”) was identified as a
site needed for the construction of the Project. As a result, on October 5, 2018, the City
presented you written offer to purchase your existing leasehold interest in the Property
and your business, D.E. IT Restaurants, Inc., may be required to relocate.
Notice of Eligibility for Relocation Benefits
This letter is to notify you that you are now eligible to receive relocation assistance
under the City of Santa Clara's Non-Residential Relocation Assistance Program
(“Program”); in accordance California Relocation Assistance Law (Government Code
§7260, et seq.) and corresponding regulations found in the California Code of
Regulations, Title 25, Chapter 6.
9o0-Day Assurance
The anticipated Project schedule would allow your business to remain on the Property
through March 31, 2019. [n accordance with the Program and Relocation Assistance
889-19-008 VEN
1500 Warburton Avenue » Santa Clara, CA 95050
« Phone: (408) 615-2210 - Fax: (408) 241-6771
- www.santacluracagov
CTRL_003539
David Ebrahimi
October 5, 2018
Page 2
Law, you will receive a written notice to vacate at least 30 days prior to the specific date
you must move from the Property.
Relocation Assistance
The benefits available to you are outlined below and discussed in further detail in the
enclosed Relocation Assistance handbook. A summary follows:
A. Advisory Assistance
The City has retained a consulting firm, Associated Right of Way Services, Inc.
(AR/WS), to provide you with Relocation Advisory Assistance under the Program
throughout the Project. We understand you have been working with your
Relocation Advisor, Ms. Alesia Strauch. She has helped you understand relocation
eligibility criteria and will continue to assist you in securing the benefits that are
available to your business. Ms. Strauch will continue to provide you with
information regarding potential replacement sites, keep you apprised of the Project
activities and schedule, and help you document claim forms for monetary
reimbursement.
Anti-Discrimination: The City assures that no person shall on the grounds of:
race, color, national origin, age, gender, disability or religion as provided by the
Civil Rights Act of 1964 be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination under any program, service or activity.
Should you need language assistance with the translation of documents or
interpretation services, your Relocation Advisor can help you. Language assistance
will be provided at no cost to you. If you have a complaint against the City or its
third party contractors please contact Ruth Shikada (408) 615-2210.
B. Eligible Actual, Reasonable, and Necessary Moving Expenses
In addition to the advisory services, your benefits include reimbursement for
eligible actual, reasonable and necessary expenses related to moving to a
replacement site. This can include the cost to disconnect, move, and reconnect
your personal property and equipment. A summary of available assistance follows.
The business has several options for reimbursement for the costs to physically
move personal property and equipment that is currently located on the Property.
. Commercial Move: At least two detailed, written moving estimates from
commercial movers must be secured based on a scope of work that
addresses all costs of the move. The City will pay for eligible costs based on
the lower of two estimates and a detailed, paid invoice.
Self-Move Agreement: A self-move payment can be made to the business
owner based on one or a combination of the following:
E The lower of two detailed written estimates prepared by a commercial
mover.
CTRL_003539.02
David Ebrahimi
October 5, 2018
Page 3
3 Documented actual costs supported by receipted bills for labor and
equipment, Equipment and hourly labor rate cannot exceed the rates
paid to a commercial mover
You also may be eligible to receive reimbursement for your replacement site searching
expenses incurred up to $1,000, additional moving and related expenses such as
replacement value insurance while personal property is in transit, utility connection fees to
allow moved equipment to be operable, professional service fees related to planning for the
move and reinstallation of personal, impact fees or one-time assessments, replacement of
stationery and business cards, licenses, permits and certificates, other planning expenses
and storage costs. Please refer to the enclosed Relocation Assistance Handbook for more
details. All costs must be well documented. You will need to work with your Relocation
Advisor to understand which costs might be compensable prior to your move
C. Reestablishment Expenses
In addition to actual moving and related expenses, you may be eligible to receive
reimbursement for expenses actually incurred in relocating and reestablishing your
business. This category of assistance is limited to $10,000.
D. Alternative Fixed Payment Benefit
You may be eligible for the fixed payment benefit in lieu of the above described
Actual, Reasonable, and Necessary Moving and Reestablishment Payments. This
payment will make you ineligible to receive reimbursement for any
other relocation expenses as described in this letter and further
explained in the Relocation Assistance Handbook provided. The
minimum fixed payment is $1,000 and the maximum payment is $20,000. This
payment is based upon the business’ average annual net earnings at the site for the
two years prior to displacement.
Claiming
Your Benefits
You must file all claims for relocation payments under the Program with the City
within 18 months from the date you move from the Property or receive just
compensation for your interest in the real property. Reimbursement i: limited to
expenditures deemed to be eligible under the City's Program and must be verified with.
documentation that satisfactorily demonstrates your efforts to secure a replacement
site, the reasonableness of your claims, and proof of payment to vendors and
contractors Documentation is required on all claims submitted. Therefore, you
will need to retain all of your receipts associated with your move and
present them when you make a claim. Your Relocation Advisor will work with
you to help you gather the documentation needed to support your claim. Your
Relocation Advisor will help prepare claims for your review and signature and will help
you to package your claims for submission to the City for consideration and
processing.
The City’s Program will reimburse you for eli; ible costs incurred as a result of the
Project once sufficiently documented and submitted a claim for payment. Typically, a
CTRL_003539.03
David Ebrahimi
October 5, 2018
Page 4
fully documented claim can be processed within 30 days of receipt by the City. Final
payment of all claims can only be made after you have vacated the Property and the
City has determined that you have satisfactorily removed all personal property from
the site. If the timing of the payments under this Program will create a hardship for
your business, you will need to contact the City in writing to demonstrate
Preview
19CV340508 Santa Clara — Civil [Exempt From Filing Fee Government Code § 6103] R. Nguyen, F. GALE CONNOR (Bar No. 131994) Electronically Filed MILLER STARR REGALIA by Superior Court of CA, A Professional Law Corporation County of Santa Clara, 351 California St, Suite 1110 San Francisco, California 94104 on 10/16/2019 5:17 PM Telephone: 415 638 4800 Reviewed By: R. Nguyen Facsimile: 415 371 1012 Case #19CV340508 Email: gale.connor@msrlegal.com Envelope: 3529327 ahva.aflatooni@msrlegal.com Attorneys for Plaintiff CITY OF SANTA CLARA SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 10 CITY OF SANTA CLARA, a California Case No. 19CV340508 11 Charter City, APN: 104-30-36 2 Plaintiff, DECLARATION OF F. GALE CONNOR 13 Vv. IN SUPPORT OF REPLY TO DEFENDANT’S OPPOSITION TO 14 D.E. IL RESTAURANTS, INC., a California MOTION FOR PREJUDGMENT corporation; and DOES 1 - 50, POSSESSION 15 Defendants. Hon. Peter H. Kirwan 16 Date: October 31, 2019 17 D.E. IT RESTAURANTS, INC., a California Time: 9:00 a.m. corporation, Dept.: 19 18 Cross-Complainant, Complaint Filed: January 2, 2019 19 Trial Date: None Set CITY OF SANTA CLARA, a California 20 Charter City, and DOES 1- 50, 21 Cross-Defendants, 22 23 I, F. Gale Connor, declare as follows: 24 1 1am an attorney duly licensed to practice before all courts of the State of 25 California, and am a shareholder with the firm of Miller Starr Regalia, counsel for plaintiff/cross- 26 defendant City of Santa Clara (“City”) in the above-captioned matter. 27 28 DECLARATION OF FGC ISO OF REPLY TO DEFENDANT’S OPPOSITION TO MOTION FOR PREJUDGMENT POSSESSION SCLA\S2374\2175295.1 1 2, I make this Declaration in Support of the City’s Motion for Prejudgment Possession I have personal knowledge of the facts set forth below, and if called as a witness, I could and would and could competently testify thereto. 3 Attached hereto as Exhibit A is a true and correct copy of excerpts from the transcript of the deposition of David Ebrahimi taken on September 11, 2019. 4. Attached hereto as Exhibit B is a true and correct copy of excerpts from the transcript of the deposition of Ruth Shikada taken August 14, 2019. 5 Attached hereto as Exhibit Cis a true and correct copy of the Relocation Assistance Handbook and Notice of Eligibility for Relocation Benefits, attached as Exhibit G to 10 the Ebrahimi deposition transcript. 11 I declare under penalty of perjury, according to the laws of the State of California, that the 12 foregoing is true and correct. Executed at San Francisco, California on this & day of October, 13 2019. 14 15 eer Bee F. Gale Connor 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF FGC ISO OF REPLY TO DEFENDANT’S OPPOSITION TO MOTION FOR PREJUDGMENT POSSESSION SCLA\52374\2175295.1 2: EXHIBIT A Plaintiff?s Reply to Defendant’s Opposition to Motion for Prejudgment Possession SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA CITY OF SANTA CLARA, a, California Charter City, Plaintiff, oa No 19CV340508 D.E. II RESTAURANTS, INC., a California corporation; and DOES 1 5 50, 10 Defendants. 11 12 AND RELATED CROSS-COMPLAINT./ 13 14 15 DEPOSITION OF PERSON MOST KNOWLEDGEABLE 16 DAVID EBRAHIMI 17 18 DATE: Wednesday, September 11, 2019 19 TIME: 9:52 a.m. 20 LOCATION: PACIFIC WORKPLACES 21 111 North Market Street Suite 300 22 San Jose, CA 95113 23 24 REPORTED BY: AUDREY KLETTKE, CSR NO. 11875 25 L BARKLEY DAVID EBRAHIMI, PMK Court Reporters MR. JENNY: You've answered him. You said you don't recall the first time. That was his question. Q BY MR. CONNOR: Would it have been sometime in 2018? A That's when I got a letter. Q Is it your recollection that was the first time someone from the city affirmatively told you the banquet hall has to go? A Yes. 10 MR. CONNOR: I would like to mark as Exhibit 6 11 a letter dated October 5th, 2018, from Deanna Santana 12 to D.E. Restaurants, Ine. 13 (easton ked £ 14 oO 15 Q BY MR. CONNOR: A moment ago you referred to 16 receiving a letter in 2018. Is this the letter you 17 were talking about? 18 A No, that's not this letter. There was another 19 letter that I received for eminent domain purpose. 20 This is different. 21 Q Was the letter you were referring to an offer 22 to purchase your lease? 23 Let me back up. 24 Was the other letter you were referring to 25 received in roughly the same timeframe as Exhibit 6, 46 BARKLEY DAVID EBRAHIMI, PMK Court Rep. Ww "Not ty x a on Ththe at headi's ng there. agian " sett s to 101 y you -ha you e nov elig te to > Xr elo on ssSi ta ce Yu Ind rt h le Cit 3a nta ara's non es ti tial rel loca on ance And oes on CO refe or EaBiE.S some ode Ae se ot, on 10 11 h the ie he Was a r on ong Ce 12 assistance handbook, which I believe ve is attache ie ey 13 ‘ggbacl ital Di uebbabattatietter a, Ee: 14 Decree 2B enn, 15 16 Boome OS cote 17 Q I note from the table of contents, Bates page 18 3539.06 = 19 MR. CONNOR: Let's go off the record. 20 (Discussion off the record.) 21 MR. CONNOR: Before we went off the record, I 22 spilled a cup of coffee, stained Exhibits 3, 4 and 6. 23 We have since swapped them out for clean versions, 24 remarked them, but they are the same documents. 25 Q. BY MR. CONNOR: Before we broke we were talking 48 BARKLEY DAVID EBRAHIMI, PMK Court Reporters Q Until you find it are you able to say what type of rewiring might be required? A Kitchen equipment needs all the wiring. I don't know what I'm going to find. If it's existing restaurant and banquet hall, probably a lot of the wiring is there needs to be worked out. But if it's warehouse with four walls, everything has to be -- not only that. Grease traps, air-conditioners, all the amenities that banquet hall needs. 10 Q So any theoretical build-out would be dependent 11 on the building itself? 12 A That's true. 13 Q. And at this point for me to ask you what would 14 npsdebemtead one. .c.accompdat caauspaceStedyour aay 15 business that,.would.j ust be speculative? 16 A. Exactly. i 17 Q So I won't ask you. 18 MR CONNOR: Let's take a ten-minute break I 19 think I've got about 20 minutes left, okay? But I 20 want -- it may go 30. So I want to give the court 21 reporter a little bit of a break here. Let's take a 22 ten-minute break, and we'll pick up and do the final 23 push through at about 1:30. 24 (A short recess was taken.) 25 MR. CONNOR: While we were off the record, 106 BARKLEY DAVID EBRAHIMI, PMK Court Reporters of development, so I don't know. Q Do you believe that the Hunter by Avaya could take up to seven years before it's available? A Could be. Depending on the economy and finding contractors. God knows. Too many variables. Q Any other locations? Some ike ce mine does not exist. Compar. 7 b1 e t o mine does not exis in on Q If that's the case, then no matter how hard you 10 look, you're not going to be able to find a suitable 11 relocation site? 12 A Yes, I can. On 240 acres of the city's 13 development. 14 Q Other than the Related development, is there 15 any other possible location in all of Silicon Valley 16 that you think would be suitable -- 17 A Vallco Shopping Center is another one. The 18 other one would be by Avaya. 19 Q We just talked about Hunter by Avaya? 20 Right. 21 Let's talk about the Vallco Shopping Center 22 again. You've looked at that, correct? 23 Right. 24 What was the problem with moving there now? 25 10 years. I'm not waiting. 101 BARKLEY DAVID EBRAHIMI, PMK Court Reporters It won't be available for ten years? A. (Nodded head up and down.) Oka’ be concl on) at u re oc ic on site bu S: tha wol a Ye he ne in A Camueiabaieeevour-belichieg A. That my beli 's ef. 10 Q If we could go back to Exhibit 1 again, which 11 is the Notice of Deposition, Page 4. Request Number 4 12 is for, "All documents which refer or relate to any 13 contracts for events at 5131 Stars & Stripes Drive at 14 anytime after December 30, 2019," 15 Do you as of today have any contracts for 16 events at the banquet facility? 17 A Yes, we do. 18 Q. Did you bring them with you today? 19 A No. 20 Q. Why not? 21 A. I just don't have it today. 22 Q Well, you were here two weeks ago for your 23 deposition. Did you bring it then? 24 A Because some of these -- some of these 25 contracts that we have -- because we've been there for 102 BARKLEY DAVID EBRAHIMI, PMK Court Reporters the brokers you were working with? ily hire him For j me ocal d him for pr tk at apie na fon: g O°oing wi th oc reloca tion, necess sari yf ng1g c_—me Q. So his services — Help me through the process I'm going through. Q And the process would be if somebody else or if you or somebody else could find a relocation site, what 10 do I do then? Would that be a fair summary? 11 A. That's faiz. 12 13 ot wo. lot can d Ln of 14 a plan for physical corre moving, ly 15 16 Q Okay. 17 MR. CONNOR: I would like to mark as Exhibit 21 18 an e-mail dated January 29, 2019, from Robert Swenson 19 to Jean Ebrahimoun. 20 (Plaintiff's Exhibit 21 was marked for 21 identification.) 22 Q BY MR. CONNOR: Do you recall having seen this 23 e-mail before? 24 A. Yes. 25 Q In this e-mail he advises you and your wife to 115 BARKLEY DAVID EBRAHIMI, PMK Court Reporters 1b. m. rou're not su: em Sis be ce 3) Ly Do De u rer hor many tit ou spo him over the phone? Q. More than once? JA. Yes. — QupeeablOeSeatsba Defi vest i mer zm 10 ‘A. No. 11 QueeS2abstvesy, one and-five times 2m, 12 A. ven five times. 13 (Q. Twice maybe? 14 A. Maybe. — 15 Q. Okay. For how long did you meet with him on _ 16 June 10th? 17 A. I don't recall.- 18 Q. More than an hour? 19 20 Q Perhaps more than an hour, perhaps not? 21 A Maybe. 22 Q Do you remember what you discussed? 23 A Part of his services and his involvement 24 with -- with our situation and some of his background. 25 Does he have any background in the catering 119 BARKLEY DAVID EBRAHIMI, PMK Court Reporters business? A We did not discuss about that. Q. Does he have any background in banquet — facilities? Q. Has he ever successfully relocated a banquet facility? A.doIn't know. Q. Did you ask him? _ 10 A No, r didn't. 11 Q. And he didn't volunteer that? | 12 DsauNo-es 13 Q Did you show him around? 14 A. I don't recall that, whether we walked the 15 premises or not. 16 Q Did you sit at a table in the dining area and 7) discuss these things? 18 A In the banquet hall. 19 Q Do you remember anything that you might have 20 asked him, any questions you had for him? 21 A. The question was how his involvement would be 22 with the whole situation, how he would help to whatever 23 we're looking for. 24 Q What did he tell you? 25 A I know he was talking to my attorney. 120 BARKLEY DAVID EBRAHIMI, PMK Court Reporters A He would be very useful to be involved in the process. Q. How so? A. How? By his expertise and his experience in this field. Q He wasn't going to help you find a relocation site, correct? A His services is what is indicated in here (indicating). I would have to read all that to see 10 whether he was looking to find me a location or was 11 helping me to move to the location. 12 1 thought a minute ago you said you -- I 13 want -- I don't want to put words in your mouth or 14 misunderstand. 15 yo hat you « MH was ae ae goi e he lpi 1g you find a 16 to b 17 relocation site th at he was going to be pro. 18 other services 19 lat mat say ng now 20 Q Okay. Those other services would come into 21 play once you found a place that's suitable? 22 A The right process of moving. 23 Q Once you find a site, correct? 24 Well, I have to have a place to move. 25 MR. CONNOR: I will mark as Exhibit 23 an 122 BARKLEY DAVID EBRAHIMI, PMK Court Reporters EXHIBIT B Plaintiffs Reply to Defendant’s Opposition to Motion for Prejudgment Possession Ruth Shikada August 14, 2019 SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA UNLIMITED JURISDICTION CITY OF SANTA CLARA, a California Charter City, Plaintiff, vs. 19CV340508 D.E. II RESTAURANTS, INC., a California corporation; and DOES 1-50 Defendants. DEPOSITION OF RUTH SHIKADA Date: Wednesday, August 14, 2019 Time: 10:02 a.m. Location: BELL & MYERS COURT REPORTERS AND LEGAL VIDEOGRAPHERS 2055 Junction Avenue, Suite 200 San Jose, CA 95131 Reported By Lisa Helgoe, CSR 12216 U.S. Legal Support | www.uslegalsupport.com Ruth Shikada August 14, 2019 THE WITNESS: So on the second page or the page that is labeled, "Phasing and early access project," the -- this is an indication of -- of the scope of work for the temporary road across the golf course, and it says that the construction of that will conclude in February 2020. Q (By Mr. Jenny) Do you know when that construction will begin? A We are preparing to begin construction on -- as of 10 November list, 2019. 11 Q And if you turn to the next page -- 12 Excuse me. 13 Go ahead. 14 For == ing 15 ry sad as s 16 Er hme SG a No em 7 ni ound ‘asl an to SSs 18 ‘amp 19 and St Ss Ww or!x! ke Y so that 20 cons et on < Ia! on ut no’ 21 Q If you turn to the third page where it talks about 22 Phase 2, does this identify any construction timing 23 issues here? Help me understand when it's going to start 24 or finish. 25 A Are we talking about the diagram phasing Tasman U.S. Legal Support | www.uslegalsupport.com 44 Ruth Shikada August 14, 2019 City's motion for the prejudgment possession? A Yes. Q In Paragraph 2 you state that construction will soon begin in the first sentence. What do you mean by soon begin? sta es. of pul imp: veme ents or the projec proje So s I ed the col on of the ral Amp an 1g ea nd Sta and es d 10 st in And hen wou. a aally would 11 ca the re st tic pu ic as as re, ucture andad t 12 also started in July.) 13 Is there any other way to get the infrastructure 14 that will go underneath the new Stars and Stripes Drive 15 to the Phase I project other than going underneath Stars 16 and Stripes Drive? 17 Any other options considered or investigated? 18 A There are -- so the only other option if it 19 cannot -- if infrastructure cannot go below grade, it 20 would be above grade and then infrastructure is not above 21 grade. So I think that we considered above grade 22 infrastructure for a second, and then the infrastructure 23 must go below grade. 24 Q Why is that? 25 A Because sanitary sewer lines, electrical lines, U.S. Legal Support | www.uslegalsupport.com TL EXHIBIT C Plaintiffs Reply to Defendant’s Opposition to Motion for Prejudgment Possession \ City of City Manager's Office Santa Clara The Genter af What's Posaible VIA CERTIFIED MAIL October 5, 2018 D.E. If Restaurants, Inc. Attention: David Ebrahimi 5131 Stars & Stripes Drive Santa Clara, CA 95054 Re: Notice of Eligibility for Relocation Benefits with 90-Day Assurance D.E. I Restaurants, Inc. City of Santa Clara— Realignment of Stars & Stripes Drive APN: 104-030-36 (portion) Property: 5131 Stars and Stripes Drive, Santa Clara Dear Mr. Ebrahimi: As you may be aware, the City of Santa Clara (the “City”) is planning for the Realignment of Stars & Stripes Drive Project (“Project”). The realignment includes widening a portion of the existing roadway along the north side of the existing street right of way requiring the removal all improvements that are currently located along the north line of the existing street. The improvements that will need to be removed include; the banquet facility and (now vacant) former David’s Restaurant buildings and related parking, a number of tennis courts and the entirety of the golf and tennis center clubhouse building. After a careful assessment, the commercial property owned by the City and located at 5131 Stars & Stripes Drive in Santa Clara, California (the “Property”) was identified as a site needed for the construction of the Project. As a result, on October 5, 2018, the City presented you written offer to purchase your existing leasehold interest in the Property and your business, D.E. IT Restaurants, Inc., may be required to relocate. Notice of Eligibility for Relocation Benefits This letter is to notify you that you are now eligible to receive relocation assistance under the City of Santa Clara's Non-Residential Relocation Assistance Program (“Program”); in accordance California Relocation Assistance Law (Government Code §7260, et seq.) and corresponding regulations found in the California Code of Regulations, Title 25, Chapter 6. 9o0-Day Assurance The anticipated Project schedule would allow your business to remain on the Property through March 31, 2019. [n accordance with the Program and Relocation Assistance 889-19-008 VEN 1500 Warburton Avenue » Santa Clara, CA 95050 « Phone: (408) 615-2210 - Fax: (408) 241-6771 - www.santacluracagov CTRL_003539 David Ebrahimi October 5, 2018 Page 2 Law, you will receive a written notice to vacate at least 30 days prior to the specific date you must move from the Property. Relocation Assistance The benefits available to you are outlined below and discussed in further detail in the enclosed Relocation Assistance handbook. A summary follows: A. Advisory Assistance The City has retained a consulting firm, Associated Right of Way Services, Inc. (AR/WS), to provide you with Relocation Advisory Assistance under the Program throughout the Project. We understand you have been working with your Relocation Advisor, Ms. Alesia Strauch. She has helped you understand relocation eligibility criteria and will continue to assist you in securing the benefits that are available to your business. Ms. Strauch will continue to provide you with information regarding potential replacement sites, keep you apprised of the Project activities and schedule, and help you document claim forms for monetary reimbursement. Anti-Discrimination: The City assures that no person shall on the grounds of: race, color, national origin, age, gender, disability or religion as provided by the Civil Rights Act of 1964 be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service or activity. Should you need language assistance with the translation of documents or interpretation services, your Relocation Advisor can help you. Language assistance will be provided at no cost to you. If you have a complaint against the City or its third party contractors please contact Ruth Shikada (408) 615-2210. B. Eligible Actual, Reasonable, and Necessary Moving Expenses In addition to the advisory services, your benefits include reimbursement for eligible actual, reasonable and necessary expenses related to moving to a replacement site. This can include the cost to disconnect, move, and reconnect your personal property and equipment. A summary of available assistance follows. The business has several options for reimbursement for the costs to physically move personal property and equipment that is currently located on the Property. . Commercial Move: At least two detailed, written moving estimates from commercial movers must be secured based on a scope of work that addresses all costs of the move. The City will pay for eligible costs based on the lower of two estimates and a detailed, paid invoice. Self-Move Agreement: A self-move payment can be made to the business owner based on one or a combination of the following: E The lower of two detailed written estimates prepared by a commercial mover. CTRL_003539.02 David Ebrahimi October 5, 2018 Page 3 3 Documented actual costs supported by receipted bills for labor and equipment, Equipment and hourly labor rate cannot exceed the rates paid to a commercial mover You also may be eligible to receive reimbursement for your replacement site searching expenses incurred up to $1,000, additional moving and related expenses such as replacement value insurance while personal property is in transit, utility connection fees to allow moved equipment to be operable, professional service fees related to planning for the move and reinstallation of personal, impact fees or one-time assessments, replacement of stationery and business cards, licenses, permits and certificates, other planning expenses and storage costs. Please refer to the enclosed Relocation Assistance Handbook for more details. All costs must be well documented. You will need to work with your Relocation Advisor to understand which costs might be compensable prior to your move C. Reestablishment Expenses In addition to actual moving and related expenses, you may be eligible to receive reimbursement for expenses actually incurred in relocating and reestablishing your business. This category of assistance is limited to $10,000. D. Alternative Fixed Payment Benefit You may be eligible for the fixed payment benefit in lieu of the above described Actual, Reasonable, and Necessary Moving and Reestablishment Payments. This payment will make you ineligible to receive reimbursement for any other relocation expenses as described in this letter and further explained in the Relocation Assistance Handbook provided. The minimum fixed payment is $1,000 and the maximum payment is $20,000. This payment is based upon the business’ average annual net earnings at the site for the two years prior to displacement. Claiming Your Benefits You must file all claims for relocation payments under the Program with the City within 18 months from the date you move from the Property or receive just compensation for your interest in the real property. Reimbursement i: limited to expenditures deemed to be eligible under the City's Program and must be verified with. documentation that satisfactorily demonstrates your efforts to secure a replacement site, the reasonableness of your claims, and proof of payment to vendors and contractors Documentation is required on all claims submitted. Therefore, you will need to retain all of your receipts associated with your move and present them when you make a claim. Your Relocation Advisor will work with you to help you gather the documentation needed to support your claim. Your Relocation Advisor will help prepare claims for your review and signature and will help you to package your claims for submission to the City for consideration and processing. The City’s Program will reimburse you for eli; ible costs incurred as a result of the Project once sufficiently documented and submitted a claim for payment. Typically, a CTRL_003539.03 David Ebrahimi October 5, 2018 Page 4 fully documented claim can be processed within 30 days of receipt by the City. Final payment of all claims can only be made after you have vacated the Property and the City has determined that you have satisfactorily removed all personal property from the site. If the timing of the payments under this Program will create a hardship for your business, you will need to contact the City in writing to demonstrate