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FIKKB
SAN MATEO COUNTY
1 Kenneth N. Greenfield, Esq. (State Bar No. 105721)
Alexandra N. Selfridge, Esq. (State Bar No. 247063) JUL 6 2013
2
LAW OFFICES OF
9 or Qoi
KENNETH N. GREENFIELD
DRIVE, SUITE 210
165 I 6 BERN ARDO CENTER Qy /
SAN DIEGO, CA 92128 ~~EUIYQEQ t J
(858) 675-030 I
fAX (858) 675-03I9
5
Attorneys for Defendant, WAWANESA GENERAL INSURANCE COMPANY
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
10 GEORGE MARDIKIAN, ) Case No. CIV 517132
)
11
Plaintiff, ) DECLARATIONOF CHARLES ALLEN
)
IN SUPPORT OF DEFENDANT
12 WAWANESA GENERAL INSURANCE
vs ) COMPANY'S MOTION FOR
13 ) SUMMARYJUDGMENT OR, IN THE
WAWANESA GENERAL INSURANCE ) ALTERNATIVE,FOR SUMMARY
14 COMPANY, acorporation, and DOES 1 ) ADJUDICATION
through 50, inclusive, )
15 Filed Concurrentlv with:
)
16
Defendants. ) Defendant 's Notice ofMotion; Memo of
)
P&As; Separate Statement; Decls. of
Selfridge, Garcia, Short, Malloian, and
17 ) 8'ood; Notice ofLodgment; and two
) /Proposedj Orders
18 )
19
) DATE: October 8,2013
) TIME: 9:00 a.m.
20 ) DEPT: Law and Motion
)
21 ) Date Filed: October 3, 2012
) Trial Date: November 12, 2013
22 )
) FILED BY FAX
23
I, Charles Allen, declare as follows:
25 1. I have personal knowledge of each of the following facts and, if called as a
witness, could and would testify competently hereto, except as to those matters which are
explicitly set forth as based upon my information and belief and, as to such matters, I am
informed and believe that they are true and correct.
DECLARATIONOF CHARLES ALLEN RE: MSJ, OR IN THE ALTERNATIVE,MSA
07/g2/2013 09: 16 PAX tg 003
1 2. This declaration is made in support of Defendant's Motion for Summary Judgment
2 or, in thealternative, for Summary Adjudication.
3 3. I am currently employed at Holt Auto Sales ("Holt"), asa Sales Manager, and was
4 employed in that capacity between December of 2011 and February of 2012.
5 4. I am the individual at Holt who sold the Eldorado to George Mardikian.
6 5, Mr. Mardikian became the owner of the Eldorado in December of 2011, at the
7 very latest. IIe had signed allof the purchase documents, and had paid for the vehicle at that point
8 in time. As a result„Holt took the vehicle off of its inventory list.
9 6. Mr. Mardikian advised me that he wished to arrange for the shipping of the
10 Eldorado himself. Approximately one month later,Mr. Mardikian requested thatHolt arrange for
11 shipping instead. On January 27, 2012, Holt Auto Sales collected $ 1,125 from Mr. Mardikian for
12 shipping by way of lus MasterCard. Attached tothe Notice of Lodgment in support of Wawanesa
13 General Insurance Company's Motion for Summary Judgment as Exhibit 9 is atrue and correct
14 copy of the receipt for theamount charged to Mr. Mardikian for the shipment of the Eldorado.
15 7. On February 14, 2012, the shipper picked up the vehicle fiom Holt.
16 I declare under penalty of perjury under the laws of the State of Michigan that the
17 foregoing is true and correct and that this declaration was executed in the City of Lansing, State
18 of Michigan on July l1., 2013,
20 CHARLES ALLEN, Declarant
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DECLARATIONOF CHARLES ALLENRE: MSJ, OR IN THE ALTERNATIYE,MSA
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FIKKB SAN MATEO COUNTY 1 Kenneth N. Greenfield, Esq. (State Bar No. 105721) Alexandra N. Selfridge, Esq. (State Bar No. 247063) JUL 6 2013 2 LAW OFFICES OF 9 or Qoi KENNETH N. GREENFIELD DRIVE, SUITE 210 165 I 6 BERN ARDO CENTER Qy / SAN DIEGO, CA 92128 ~~EUIYQEQ t J (858) 675-030 I fAX (858) 675-03I9 5 Attorneys for Defendant, WAWANESA GENERAL INSURANCE COMPANY SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 GEORGE MARDIKIAN, ) Case No. CIV 517132 ) 11 Plaintiff, ) DECLARATIONOF CHARLES ALLEN ) IN SUPPORT OF DEFENDANT 12 WAWANESA GENERAL INSURANCE vs ) COMPANY'S MOTION FOR 13 ) SUMMARYJUDGMENT OR, IN THE WAWANESA GENERAL INSURANCE ) ALTERNATIVE,FOR SUMMARY 14 COMPANY, acorporation, and DOES 1 ) ADJUDICATION through 50, inclusive, ) 15 Filed Concurrentlv with: ) 16 Defendants. ) Defendant 's Notice ofMotion; Memo of ) P&As; Separate Statement; Decls. of Selfridge, Garcia, Short, Malloian, and 17 ) 8'ood; Notice ofLodgment; and two ) /Proposedj Orders 18 ) 19 ) DATE: October 8,2013 ) TIME: 9:00 a.m. 20 ) DEPT: Law and Motion ) 21 ) Date Filed: October 3, 2012 ) Trial Date: November 12, 2013 22 ) ) FILED BY FAX 23 I, Charles Allen, declare as follows: 25 1. I have personal knowledge of each of the following facts and, if called as a witness, could and would testify competently hereto, except as to those matters which are explicitly set forth as based upon my information and belief and, as to such matters, I am informed and believe that they are true and correct. DECLARATIONOF CHARLES ALLEN RE: MSJ, OR IN THE ALTERNATIVE,MSA 07/g2/2013 09: 16 PAX tg 003 1 2. This declaration is made in support of Defendant's Motion for Summary Judgment 2 or, in thealternative, for Summary Adjudication. 3 3. I am currently employed at Holt Auto Sales ("Holt"), asa Sales Manager, and was 4 employed in that capacity between December of 2011 and February of 2012. 5 4. I am the individual at Holt who sold the Eldorado to George Mardikian. 6 5, Mr. Mardikian became the owner of the Eldorado in December of 2011, at the 7 very latest. IIe had signed allof the purchase documents, and had paid for the vehicle at that point 8 in time. As a result„Holt took the vehicle off of its inventory list. 9 6. Mr. Mardikian advised me that he wished to arrange for the shipping of the 10 Eldorado himself. Approximately one month later,Mr. Mardikian requested thatHolt arrange for 11 shipping instead. On January 27, 2012, Holt Auto Sales collected $ 1,125 from Mr. Mardikian for 12 shipping by way of lus MasterCard. Attached tothe Notice of Lodgment in support of Wawanesa 13 General Insurance Company's Motion for Summary Judgment as Exhibit 9 is atrue and correct 14 copy of the receipt for theamount charged to Mr. Mardikian for the shipment of the Eldorado. 15 7. On February 14, 2012, the shipper picked up the vehicle fiom Holt. 16 I declare under penalty of perjury under the laws of the State of Michigan that the 17 foregoing is true and correct and that this declaration was executed in the City of Lansing, State 18 of Michigan on July l1., 2013, 20 CHARLES ALLEN, Declarant 21 22 24 25 26 27 28 2 DECLARATIONOF CHARLES ALLENRE: MSJ, OR IN THE ALTERNATIYE,MSA