Preview
1 CHARLENE P. ROSACK, ESQ. – State Bar No. 54436
HARTSUYKER, STRATMAN & WILLIAMS-ABREGO
2 Mailing Address ELECTRONICALLY
P.O. Box 258829
3 Oklahoma City, OK 73125-8829 F I L E D
Superior Court of California,
Physical Address County of San Francisco
4 505 14th Street, Suite 400
Oakland, CA 94612-1913 07/29/2020
5 Clerk of the Court
Phone: (510) 457-3440 BY: EDNALEEN ALEGRE
Fax: (510) 238-8968 Deputy Clerk
6 Email: charlene.rosack@farmersinsurance.com
7 Attorney for Defendant,
MING LEE
8
9
10
SUPERIOR COURT OF THE STATE OF CALIFORNIA
11
FOR THE COUNTY OF SAN FRANCISCO
12
PAIGE DANIELSON, Case No.: CGC-20-585064
13 UNLIMITED JURISDICTION
Plaintiffs,
14 ASSIGNED TO FOR ALL PURPOSES:
vs. DEPT: Not Assigned
15
MING LEE, and DOES 1-10, inclusive, et al. , DECLARATION OF CHARLENE P.
16 ROSACK IN SUPPORT OF MOTION TO
Defendants. STRIKE AND EXHIBIT "A"
17 ATTACHED HERETO
18 DATE: AUGUST 26, 2020
TIME: 9:30 A.M.
19 DEPT: 501
20 I, Charlene P. Rosack, certify and declare as follows:
21 I am an attorney at law, duly licensed to practice in all the Courts of this State, and one of the
22 attorneys for Defendant MING LEE in this case.
23 On July 21, 2020, I emailed counsel for plaintiff advising him that I believed that his Complaint
24 did not contain allegations supporting a request for punitive damages. A copy of that email is attached
25 hereto as Exhibit “A.”
26 I certify and declare under penalty of perjury that the foregoing is true and correct and that this
27 Declaration was executed on July 21, 2020, in Sonora, California.
28
DECLARATION OF CHARLENE P. ROSACK IN SUPPORT OF MOTION TO STRIKE
-1
1 HARTSUYKER, STRATMAN & WILLIAMS-
DATED: July 29, 2020
ABREGO
2
3
BY:
CHARLENE P. ROSACK, ESQ.
4 Attorney for Defendant,
MING LEE
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DECLARATION OF CHARLENE P. ROSACK IN SUPPORT OF MOTION TO STRIKE
-2
1 Re: Danielson v. Lee, et al.
Case Number: CGC-20-585064
2
3 PROOF OF SERVICE
Code of Civil Procedure §§ 1013a, 2015.5
4
I am a resident of the State of California and over the age of eighteen years, and not a party to the
5 within action. My business address is 505 14th Street, Suite 400, Oakland, CA 94612-1913. On July
29, 2020, I served the following document(s):
6
7 DECLARATION OF CHARLENE P. ROSACK IN SUPPORT OF MOTION
TO STRIKE AND EXHIBIT "A" ATTACHED HERETO
8
By placing the document(s) listed above in a sealed envelope, addressed as set forth
9
below, and placing the envelope for collection and mailing in the place designated for
such in our offices, following ordinary business practices.
10
By transmitting via facsimile the document(s) listed above to the fax number(s) set
11 forth below on this date before 5:00 p.m.
12
By causing a true copy thereof to be personally delivered to the person(s) at the
13
address(es) set forth below.
14
By electronically serving the document(s) described above via a Court approved File
15 & Serve vendor on those recipients designated on the Transaction Receipt located on
X the vendor’s Website.
16
17 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
18 and consistent with Code of Civil Procedure section 1010.6(a)(2).
SEE ATTACHED SERVICE LIST
19
I am readily familiar with the firm’s practice of collection and processing correspondence for
20
mailing with the United States Postal Service. Under that practice, it would be deposited with U.S.
21 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
22 postage meter date is more than one day after date of deposit for mailing in affidavit.
23 I declare under penalty of perjury under the laws of the State of California that the above is true
and correct.
24
25 Executed on July 29, 2020, at Oakland, California.
26
27
STACY M. MCGREGOR
28
DECLARATION OF CHARLENE P. ROSACK IN SUPPORT OF MOTION TO STRIKE
-3
1 Re: Danielson v. Lee, et al.
Case Number: CGC-20-585064
2
SERVICE LIST
3
Steven J. McDonald, Esq.
4
Greenstein & McDonald
300 Montgomery Street, Suite 621
5
San Francisco, CA 94104
Attorney for Plaintiff, Paige Danielson
6
Phone: (415) 773-1240
Fax: (415) 773-1244
7
sjm@greensteinmcdonald.com
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
DECLARATION OF CHARLENE P. ROSACK IN SUPPORT OF MOTION TO STRIKE
-4
EXHIBIT “A”
Stacy McGregor
From: Charlene Rosack
Sent: Tuesday, July 21, 2020 9:35 AM
To: Steven J. McDonald
Subject: Danielson v. Lee
Good morning Mr. McDonald:
Our office will be representing defendant Ming Lee in the above matter. I am writing to “meet and confer” prior
to filing a motion to strike portions of the Complaint. A review of the Complaint indicates that your client is alleging that
her rental unit had habitability defects and that on one occasion my client called her a “complainer” and canceled a pest
control event. Your client thereafter voluntarily left the unit and is alleging constructive eviction. We do not believe
that these allegations are sufficient to warrant punitive damages, as they do not rise to the level of malice, oppression or
fraud. We are requesting that you voluntarily amend the Complaint, deleting paragraph 18, deleting or amending
paragraph 46, and deleting paragraph B of the Prayer for Relief.
As you know, it takes considerable time to have a motion heard. Rather than delay the investigation and
evaluation of this case until after the motion, I propose that we stipulate to exchange written discovery and set
depositions regardless of whether the case is at issue. Please let me know if that is acceptable to you.
In addition, at your convenience, please telephone me to discuss this case. Thank you and I’m looking forward
to working with you again. Charlene P. Rosack
Charlene Rosack
Senior Trial Attorney
Hartsuyker, Stratman & Williams-Abrego
San Francisco Branch Legal Office
505 14th Street, Suite 400
Oakland, CA 94612-1913
Mailing Address: PO Box 258829,
Oklahoma City, OK 73125-8829
General: (510) 457-3440
Cell: (415) 350-6075
Direct : (510) 457-3451
Email: charlene.rosack@farmersinsurance.com
COVID-19 NOTICE – In light of the national health emergency, I am currently working from home and can be
reached by telephone and e-mail. We are sending and accepting only e-mail service from all attorneys and we
are not accepting deliveries from FedEx, UPS or any other courier. E-mail communications are preferred to avoid
any potential delays caused by mailing. If you are unable to email, or if you have a delivery by FedEx, UPS or other
courier, please mail instead to P.O. Box 258829, Oklahoma City, OK 73125-8829.
Attorney Bio
1
Preview
1 CHARLENE P. ROSACK, ESQ. – State Bar No. 54436 HARTSUYKER, STRATMAN & WILLIAMS-ABREGO 2 Mailing Address ELECTRONICALLY P.O. Box 258829 3 Oklahoma City, OK 73125-8829 F I L E D Superior Court of California, Physical Address County of San Francisco 4 505 14th Street, Suite 400 Oakland, CA 94612-1913 07/29/2020 5 Clerk of the Court Phone: (510) 457-3440 BY: EDNALEEN ALEGRE Fax: (510) 238-8968 Deputy Clerk 6 Email: charlene.rosack@farmersinsurance.com 7 Attorney for Defendant, MING LEE 8 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 FOR THE COUNTY OF SAN FRANCISCO 12 PAIGE DANIELSON, Case No.: CGC-20-585064 13 UNLIMITED JURISDICTION Plaintiffs, 14 ASSIGNED TO FOR ALL PURPOSES: vs. DEPT: Not Assigned 15 MING LEE, and DOES 1-10, inclusive, et al. , DECLARATION OF CHARLENE P. 16 ROSACK IN SUPPORT OF MOTION TO Defendants. STRIKE AND EXHIBIT "A" 17 ATTACHED HERETO 18 DATE: AUGUST 26, 2020 TIME: 9:30 A.M. 19 DEPT: 501 20 I, Charlene P. Rosack, certify and declare as follows: 21 I am an attorney at law, duly licensed to practice in all the Courts of this State, and one of the 22 attorneys for Defendant MING LEE in this case. 23 On July 21, 2020, I emailed counsel for plaintiff advising him that I believed that his Complaint 24 did not contain allegations supporting a request for punitive damages. A copy of that email is attached 25 hereto as Exhibit “A.” 26 I certify and declare under penalty of perjury that the foregoing is true and correct and that this 27 Declaration was executed on July 21, 2020, in Sonora, California. 28 DECLARATION OF CHARLENE P. ROSACK IN SUPPORT OF MOTION TO STRIKE -1 1 HARTSUYKER, STRATMAN & WILLIAMS- DATED: July 29, 2020 ABREGO 2 3 BY: CHARLENE P. ROSACK, ESQ. 4 Attorney for Defendant, MING LEE 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF CHARLENE P. ROSACK IN SUPPORT OF MOTION TO STRIKE -2 1 Re: Danielson v. Lee, et al. Case Number: CGC-20-585064 2 3 PROOF OF SERVICE Code of Civil Procedure §§ 1013a, 2015.5 4 I am a resident of the State of California and over the age of eighteen years, and not a party to the 5 within action. My business address is 505 14th Street, Suite 400, Oakland, CA 94612-1913. On July 29, 2020, I served the following document(s): 6 7 DECLARATION OF CHARLENE P. ROSACK IN SUPPORT OF MOTION TO STRIKE AND EXHIBIT "A" ATTACHED HERETO 8 By placing the document(s) listed above in a sealed envelope, addressed as set forth 9 below, and placing the envelope for collection and mailing in the place designated for such in our offices, following ordinary business practices. 10 By transmitting via facsimile the document(s) listed above to the fax number(s) set 11 forth below on this date before 5:00 p.m. 12 By causing a true copy thereof to be personally delivered to the person(s) at the 13 address(es) set forth below. 14 By electronically serving the document(s) described above via a Court approved File 15 & Serve vendor on those recipients designated on the Transaction Receipt located on X the vendor’s Website. 16 17 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 18 and consistent with Code of Civil Procedure section 1010.6(a)(2). SEE ATTACHED SERVICE LIST 19 I am readily familiar with the firm’s practice of collection and processing correspondence for 20 mailing with the United States Postal Service. Under that practice, it would be deposited with U.S. 21 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 22 postage meter date is more than one day after date of deposit for mailing in affidavit. 23 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 24 25 Executed on July 29, 2020, at Oakland, California. 26 27 STACY M. MCGREGOR 28 DECLARATION OF CHARLENE P. ROSACK IN SUPPORT OF MOTION TO STRIKE -3 1 Re: Danielson v. Lee, et al. Case Number: CGC-20-585064 2 SERVICE LIST 3 Steven J. McDonald, Esq. 4 Greenstein & McDonald 300 Montgomery Street, Suite 621 5 San Francisco, CA 94104 Attorney for Plaintiff, Paige Danielson 6 Phone: (415) 773-1240 Fax: (415) 773-1244 7 sjm@greensteinmcdonald.com 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DECLARATION OF CHARLENE P. ROSACK IN SUPPORT OF MOTION TO STRIKE -4 EXHIBIT “A” Stacy McGregor From: Charlene Rosack Sent: Tuesday, July 21, 2020 9:35 AM To: Steven J. McDonald Subject: Danielson v. Lee Good morning Mr. McDonald: Our office will be representing defendant Ming Lee in the above matter. I am writing to “meet and confer” prior to filing a motion to strike portions of the Complaint. A review of the Complaint indicates that your client is alleging that her rental unit had habitability defects and that on one occasion my client called her a “complainer” and canceled a pest control event. Your client thereafter voluntarily left the unit and is alleging constructive eviction. We do not believe that these allegations are sufficient to warrant punitive damages, as they do not rise to the level of malice, oppression or fraud. We are requesting that you voluntarily amend the Complaint, deleting paragraph 18, deleting or amending paragraph 46, and deleting paragraph B of the Prayer for Relief. As you know, it takes considerable time to have a motion heard. Rather than delay the investigation and evaluation of this case until after the motion, I propose that we stipulate to exchange written discovery and set depositions regardless of whether the case is at issue. Please let me know if that is acceptable to you. In addition, at your convenience, please telephone me to discuss this case. Thank you and I’m looking forward to working with you again. Charlene P. Rosack Charlene Rosack Senior Trial Attorney Hartsuyker, Stratman & Williams-Abrego San Francisco Branch Legal Office 505 14th Street, Suite 400 Oakland, CA 94612-1913 Mailing Address: PO Box 258829, Oklahoma City, OK 73125-8829 General: (510) 457-3440 Cell: (415) 350-6075 Direct : (510) 457-3451 Email: charlene.rosack@farmersinsurance.com COVID-19 NOTICE – In light of the national health emergency, I am currently working from home and can be reached by telephone and e-mail. We are sending and accepting only e-mail service from all attorneys and we are not accepting deliveries from FedEx, UPS or any other courier. E-mail communications are preferred to avoid any potential delays caused by mailing. If you are unable to email, or if you have a delivery by FedEx, UPS or other courier, please mail instead to P.O. Box 258829, Oklahoma City, OK 73125-8829. Attorney Bio 1