On September 26, 2014 a
Order
was filed
involving a dispute between
Fu, Bryant,
Lei, Crystal,
and
547 Investments, Llc,
547 Investments Llc, A California Limited,
Allen Matkins Leck Gamble Mallory & Natsis Llp,
Allen Matkins Leck Gamble Mallory & Natsis Llp,,
Anew Law Corporation, A California Corporation,
Bardack, Neil R,
Betz, Michael J,
Charley, Emily M,
Does 1-50,
Does 5-50,
Epona Investment Groiup Llc, A California Limited,
Hanson Bridgett Llp, A California Limited,
Hawkins, Bryan L,
Mclaughlin, Thor D,
Mikkelsen, Kirsten M,
Moore, Robert R,
The Remodeling Company, Inc., A California,
Yan, Cheuk Tin,
Yan, Demas W,
Yan, Tina,
Yan, Tina F,
Fu, Bryant,
Lei, Crystal,
for civil
in the District Court of San Francisco County.
Preview
IOI
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
May-30-2018 2:52 pm
Case Number: CGC-14-541875
Filing Date: May-30-2018 2:51
Filed by: VANESSA WU
Image: 06355486
DECLARATION OF
CRYSTAL LEI ET AL VS. DEMAS W YAN ET AL
001006355486
Instructions:
Please place this sheet on top of the document to be scanned.Crystal | Lei, Bryant Fu :
337 28" Avenue 4M _D
San Francisco, CA 94121 eIENCISC?
(415) 221 - 0969 8
Email: crystalleija@ yahoo.com HNN 48 9720 at
cou!
Plaintiffs in Pro Per “cuenwor HE |
ay: “> Dapaty Gers
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Crystal Lei, an individual, Case No.: CGC-14-541875
Bryant Fu, an individual,
DECLARATION OF BRYANT FU IN
SUPPORT OF CRYSTAL LEI AND
BRYANT FU’S REQUEST FOR AN ORDER)
REQUIRING VEXATIOUS LITIGANT
DEMAS YAN TO POST SECURITY [C.C.P
§391 et seq.]
Plaintiff,
vs.
Demas Yan aka Dennis Yan, an individual,
DBA Epona Investment Realty,
and DBA Yan Law Offices,
Cheuk Tin Yan, an individual, (concurrently filed)
)
)
)
)
)
)
)
)
)
. CRYSTAL LEI AND BRYANT FU’S
rina evan aka Tina Foon Yu Yan, an } REQUEST FOR AN ORDER REQUIRING
> VEXATIOUS LITIGANT DEMAS YAN TO
547 Investments LLC, a California limited } POST SECURITY [C.C.P §391 et seq.]
liability company, )
The Remodeling Company, Inc., a California )
corporation, )
Epona Investment Group LLC, a California)
limited liability company, )
Anew Law Corporation, a California )
corporation, )
Allen Matkins Leck Gamble Mallory & Natsis }
LLP, a California limited partnership )
and law firm, )
Robert R. Moore, an individual, y
Michael J. Betz, an individual, )
And Does 1-50. )
)
Date: June 12, 2018
Time: 9:30 am.
Department: Room 302
Place: 400 McAllister St.
San Francisco, CA 94102
Reservation No.: 05070612-03
Defendants.
541875, BRYANT DECLARATION FOR MOTION TO REQUIRE YAN TO POST SECURITY 124
25
© 8
I, Bryant Fu, declare:
1. My name is Bryant Fu and I am one of the Plaintiffs in this action (“Bryant” or “I” or
“Plaintiff’), I submit this declaration in support of Crystal Lei and Bryant Fu’s request for an
order requiring vexatious litigant Demas Yan to post security pursuant to C.C.P §391 et seq. I
am familiar with the matters stated in this declaration from my own personal knowledge. Were I
called to testify about these matters, I would be competent to and would do so.
2. Attached hereto as Exhibit A is a true and correct copy of a summary of cases, in chart
form, I created on or about May 9, 2018, that Demas Yan commenced, prosecuted, or
maintained, which were determined against him within the preceding seven-year period. The
summary is based on my review of, and information from, the electronic dockets of the
following courts: the Superior Court of California for the County of San Francisco, the
California Court of Appeals for the First Appellate District, California State Supreme Court, the
United States District Court for the Northern District of California, and the United States Court
of Appeals for the Ninth Circuit. Based on the information I obtained in my review of the
electronic dockets as set forth, Yan was self-represented in all of the cases in my chart.
3. By retaining counsel to defend the Yan Motion, it is conservatively estimated that I wil!
incur at least $5,000 in attorney’s fees and other costs.
I declare under penalty of perjury under the law of the State of California the above is
true and correct to the best of my personal knowledge, and that this declaration is executed at
San Francisco, California, this 30 days of May, 2018.
a
Bryant Fu
541875, BRYANT DECLARATION FOR MOTION TO REQUIRE YAN TO POST SECURITY 2Exhibit A°o
°
Yan cases maintained or dismissed no earlier than April 2011 that have been
finally and adversely determined to Yan.
Superior Court Cases:
No.
Case Number
Dismissal
Title
Remarks
1
CGC-10-501321
02/18/2011
Tony Fu v. Demas
Yan et al.
Yan filed a cross complaint in pro
per. Yan’s cross-complaint
removed to Bankruptcy Court on
08/31/2010. Judgment from the
Ninth Circuit Court of Appeal
issued on 06/24/2014 against Yan
in the amount of $35,004.71.
Case was found to be frivolous by
the Ninth Circuit Court of
Appeal.
CGC-12-522566
09/01/2016
Demas Yan v.
Tony Fu
Case was found to be frivolous by
the Ninth Circuit Court of
Appeal.
CGC-08-478815
12/13/2011
Demas Yan v. Siu
Maet al.
Judgment issued on January 12,
2010 against Yan in the amount
of $11,351.50. Case was
dismissed under the Federal
Bankruptcy Court’s Contempt
Order.
CGC-07-467500
12/13/2011
Demas Yan v. Li
Ming Lei et al.
Case was dismissed under the
Federal Bankruptcy Court’s
Contempt Order.
CGC-10-497990
12/16/2011
Charles Li v.
Demas Yan et al.
Yan filed a cross-complaint in pro
per. Order Dismissing Yan’s
cross complaint entered
12/16/2011.
CGC-08-478364
12/13/2011
Cheuk Tin Yan v.
Li Ming Lei et al.
The Court found that despite the
case being filed in the name of
Cheuk Tin Yan, Demas Yan was
using him as a proxy and his
father did not have knowledge of
the complaint. Yan substituted in
on 04/14/2009. The Court ordered
it to be dismissed. Case was
dismissed under the Federal
Bankruptcy Court’s Contempt
Order.
CGC-07-465253
10/24/2011
Demas Yan v.
Case was filed by Yan in pro per°
Marc D.
Coopersmith et al.
on 07/18/2007. Case was
maintained until 10/24/2011
when judgment was satisfied.
California State Appellate Court, First Appellate District:
No. | Case Number Completion | Title Remarks
7 A152227 09/07/2017 | Yan v. Superior Writ appeal from CGC-14-
Court for the city | 541875 in pro per. Denied.
and County of San
Francisco
8 A140963 02/14/2014 | Yan v. Superior Writ appeal from CGC-10-
Court for the city | 497990 in pro per. Denied.
and County of San
Francisco
9 A140798 04/04/2016 | Charles Li v. Yan appealed from CGC-10-
Demas Yan 497990 in pro per. The Appeal
court ordered: The judgment is
affirmed. Li is entitled to his costs
on appeal. And Yan is sanctioned
in the amount of $9, 000, such
sanction to be paid to Li within
30 days after this opinion
becomes final. The clerk of this
court is directed to forward a
copy of this opinion to the State
Bar upon issuance of the
remittitur. (Bus. & Prof. Code, §
6086.7, subd. (a).)
10 | A144994 07/07/2016 | Charles Li v. Yan appealed from CGC-10-
Demas Yan 497990 in pro per. The Appeal
court ordered: The order is
affirmed. Li shall recover his
costs on appeal.
California State Supreme Court:
No. | Case Number Completion | Title Remarks
11 | S220402 09/24/2014 | Charles Li v. Yan appealed from A140798 in
Demas Yan pro per. Writ review denied.°
3°
District Court Appeals to U.S. District Court for Northern District of
California:
No.
Case Number
Completion
Title
Remarks
12
3:11-cv-02211
12/12/2011
Yan et al. v. Lei
Appeal filed 05/05/2011 by Yan
in pro se. Order Dismissing
Appeal entered 12/12/2011.
13
3:14-cv-00085
09/30/2014
Yan v. Fu et al.
Appeal filed 01/07/2014 by Yan
in pro see. Order Affirming
Bankruptcy Decision entered
09/30/2014.
14
3:11-cv-03914
12/12/2011
Yan et al. v. Fu
Appeal filed 08/10/2011 by Yan
in pro se. Order Affirming
Decision of Bankruptcy Court
and Denying Motion For Stay As
Moot entered 12/12/2011.
15
3:11-cv-01814
04/14/2011
Yan v. Fu
Appeal filed 04/14/2011 by Yan
in pro se. Order Affirming
Decision of Bankruptcy Court
entered 12/28/2011.
16
4:15-cv-00870
03/23/2016
Yan v. Lombard
Flats, LLC
Appeal filed 02/26/2015 by Yan
in pro se. Order Affirming
Orders of the Bankruptcy Court
entered 03/23/2016.
17
3:11-cv-03071
06/22/2011
Fu v. Yan et al.
Appeal filed 06/22/2011 by Yan
in pro se. Order Affirming
Sanctions Award of Bankruptcy
Court entered 12/28/2011.
US. Court of Appeals for the Ninth Circuit:
No.
Case Number
Completion
Title
Remarks
18
14-16937
04/29/2016
Yan v. Fu et al.
Appeal filed 10/07/2014 by Yan
in pro se. Order and
Memorandum entered
04/29/2016. Case was found to be
frivolous by the Ninth Circuit
Court of Appeal.
19
12-15204
03/18/2014
Yan v. Fu et al.
Order and Memorandum entered
03/18/2014. Case was found to be
frivolous by the Ninth Circuit
Court of Appeal.
Preview
IOI SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet May-30-2018 2:52 pm Case Number: CGC-14-541875 Filing Date: May-30-2018 2:51 Filed by: VANESSA WU Image: 06355486 DECLARATION OF CRYSTAL LEI ET AL VS. DEMAS W YAN ET AL 001006355486 Instructions: Please place this sheet on top of the document to be scanned.Crystal | Lei, Bryant Fu : 337 28" Avenue 4M _D San Francisco, CA 94121 eIENCISC? (415) 221 - 0969 8 Email: crystalleija@ yahoo.com HNN 48 9720 at cou! Plaintiffs in Pro Per “cuenwor HE | ay: “> Dapaty Gers SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Crystal Lei, an individual, Case No.: CGC-14-541875 Bryant Fu, an individual, DECLARATION OF BRYANT FU IN SUPPORT OF CRYSTAL LEI AND BRYANT FU’S REQUEST FOR AN ORDER) REQUIRING VEXATIOUS LITIGANT DEMAS YAN TO POST SECURITY [C.C.P §391 et seq.] Plaintiff, vs. Demas Yan aka Dennis Yan, an individual, DBA Epona Investment Realty, and DBA Yan Law Offices, Cheuk Tin Yan, an individual, (concurrently filed) ) ) ) ) ) ) ) ) ) . CRYSTAL LEI AND BRYANT FU’S rina evan aka Tina Foon Yu Yan, an } REQUEST FOR AN ORDER REQUIRING > VEXATIOUS LITIGANT DEMAS YAN TO 547 Investments LLC, a California limited } POST SECURITY [C.C.P §391 et seq.] liability company, ) The Remodeling Company, Inc., a California ) corporation, ) Epona Investment Group LLC, a California) limited liability company, ) Anew Law Corporation, a California ) corporation, ) Allen Matkins Leck Gamble Mallory & Natsis } LLP, a California limited partnership ) and law firm, ) Robert R. Moore, an individual, y Michael J. Betz, an individual, ) And Does 1-50. ) ) Date: June 12, 2018 Time: 9:30 am. Department: Room 302 Place: 400 McAllister St. San Francisco, CA 94102 Reservation No.: 05070612-03 Defendants. 541875, BRYANT DECLARATION FOR MOTION TO REQUIRE YAN TO POST SECURITY 124 25 © 8 I, Bryant Fu, declare: 1. My name is Bryant Fu and I am one of the Plaintiffs in this action (“Bryant” or “I” or “Plaintiff’), I submit this declaration in support of Crystal Lei and Bryant Fu’s request for an order requiring vexatious litigant Demas Yan to post security pursuant to C.C.P §391 et seq. I am familiar with the matters stated in this declaration from my own personal knowledge. Were I called to testify about these matters, I would be competent to and would do so. 2. Attached hereto as Exhibit A is a true and correct copy of a summary of cases, in chart form, I created on or about May 9, 2018, that Demas Yan commenced, prosecuted, or maintained, which were determined against him within the preceding seven-year period. The summary is based on my review of, and information from, the electronic dockets of the following courts: the Superior Court of California for the County of San Francisco, the California Court of Appeals for the First Appellate District, California State Supreme Court, the United States District Court for the Northern District of California, and the United States Court of Appeals for the Ninth Circuit. Based on the information I obtained in my review of the electronic dockets as set forth, Yan was self-represented in all of the cases in my chart. 3. By retaining counsel to defend the Yan Motion, it is conservatively estimated that I wil! incur at least $5,000 in attorney’s fees and other costs. I declare under penalty of perjury under the law of the State of California the above is true and correct to the best of my personal knowledge, and that this declaration is executed at San Francisco, California, this 30 days of May, 2018. a Bryant Fu 541875, BRYANT DECLARATION FOR MOTION TO REQUIRE YAN TO POST SECURITY 2Exhibit A°o ° Yan cases maintained or dismissed no earlier than April 2011 that have been finally and adversely determined to Yan. Superior Court Cases: No. Case Number Dismissal Title Remarks 1 CGC-10-501321 02/18/2011 Tony Fu v. Demas Yan et al. Yan filed a cross complaint in pro per. Yan’s cross-complaint removed to Bankruptcy Court on 08/31/2010. Judgment from the Ninth Circuit Court of Appeal issued on 06/24/2014 against Yan in the amount of $35,004.71. Case was found to be frivolous by the Ninth Circuit Court of Appeal. CGC-12-522566 09/01/2016 Demas Yan v. Tony Fu Case was found to be frivolous by the Ninth Circuit Court of Appeal. CGC-08-478815 12/13/2011 Demas Yan v. Siu Maet al. Judgment issued on January 12, 2010 against Yan in the amount of $11,351.50. Case was dismissed under the Federal Bankruptcy Court’s Contempt Order. CGC-07-467500 12/13/2011 Demas Yan v. Li Ming Lei et al. Case was dismissed under the Federal Bankruptcy Court’s Contempt Order. CGC-10-497990 12/16/2011 Charles Li v. Demas Yan et al. Yan filed a cross-complaint in pro per. Order Dismissing Yan’s cross complaint entered 12/16/2011. CGC-08-478364 12/13/2011 Cheuk Tin Yan v. Li Ming Lei et al. The Court found that despite the case being filed in the name of Cheuk Tin Yan, Demas Yan was using him as a proxy and his father did not have knowledge of the complaint. Yan substituted in on 04/14/2009. The Court ordered it to be dismissed. Case was dismissed under the Federal Bankruptcy Court’s Contempt Order. CGC-07-465253 10/24/2011 Demas Yan v. Case was filed by Yan in pro per° Marc D. Coopersmith et al. on 07/18/2007. Case was maintained until 10/24/2011 when judgment was satisfied. California State Appellate Court, First Appellate District: No. | Case Number Completion | Title Remarks 7 A152227 09/07/2017 | Yan v. Superior Writ appeal from CGC-14- Court for the city | 541875 in pro per. Denied. and County of San Francisco 8 A140963 02/14/2014 | Yan v. Superior Writ appeal from CGC-10- Court for the city | 497990 in pro per. Denied. and County of San Francisco 9 A140798 04/04/2016 | Charles Li v. Yan appealed from CGC-10- Demas Yan 497990 in pro per. The Appeal court ordered: The judgment is affirmed. Li is entitled to his costs on appeal. And Yan is sanctioned in the amount of $9, 000, such sanction to be paid to Li within 30 days after this opinion becomes final. The clerk of this court is directed to forward a copy of this opinion to the State Bar upon issuance of the remittitur. (Bus. & Prof. Code, § 6086.7, subd. (a).) 10 | A144994 07/07/2016 | Charles Li v. Yan appealed from CGC-10- Demas Yan 497990 in pro per. The Appeal court ordered: The order is affirmed. Li shall recover his costs on appeal. California State Supreme Court: No. | Case Number Completion | Title Remarks 11 | S220402 09/24/2014 | Charles Li v. Yan appealed from A140798 in Demas Yan pro per. Writ review denied.° 3° District Court Appeals to U.S. District Court for Northern District of California: No. Case Number Completion Title Remarks 12 3:11-cv-02211 12/12/2011 Yan et al. v. Lei Appeal filed 05/05/2011 by Yan in pro se. Order Dismissing Appeal entered 12/12/2011. 13 3:14-cv-00085 09/30/2014 Yan v. Fu et al. Appeal filed 01/07/2014 by Yan in pro see. Order Affirming Bankruptcy Decision entered 09/30/2014. 14 3:11-cv-03914 12/12/2011 Yan et al. v. Fu Appeal filed 08/10/2011 by Yan in pro se. Order Affirming Decision of Bankruptcy Court and Denying Motion For Stay As Moot entered 12/12/2011. 15 3:11-cv-01814 04/14/2011 Yan v. Fu Appeal filed 04/14/2011 by Yan in pro se. Order Affirming Decision of Bankruptcy Court entered 12/28/2011. 16 4:15-cv-00870 03/23/2016 Yan v. Lombard Flats, LLC Appeal filed 02/26/2015 by Yan in pro se. Order Affirming Orders of the Bankruptcy Court entered 03/23/2016. 17 3:11-cv-03071 06/22/2011 Fu v. Yan et al. Appeal filed 06/22/2011 by Yan in pro se. Order Affirming Sanctions Award of Bankruptcy Court entered 12/28/2011. US. Court of Appeals for the Ninth Circuit: No. Case Number Completion Title Remarks 18 14-16937 04/29/2016 Yan v. Fu et al. Appeal filed 10/07/2014 by Yan in pro se. Order and Memorandum entered 04/29/2016. Case was found to be frivolous by the Ninth Circuit Court of Appeal. 19 12-15204 03/18/2014 Yan v. Fu et al. Order and Memorandum entered 03/18/2014. Case was found to be frivolous by the Ninth Circuit Court of Appeal.