On November 18, 2015 a
Motion-Secondary
was filed
involving a dispute between
Les Stanford Chevrolet Cadillac, Inc,
Saberi, Andy,
and
Bj Interstate Autotransporters, Inc,
Dedyk, Bogdan,
Les Stanford Chevrolet Cadillac, Inc,
for (06) Unlimited Breach of Contract/Warranty
in the District Court of San Mateo County.
Preview
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JAMES ATTRIDGE, SBN # 124003
LAW OFFICE OF JAMES ATTRIDGE
10821 West Dumbarton Place FILED
Littleton, CO 80127 SAN MATEO COUNTY
415-846-4477
jattridge@attridgelaw.com SEP 26 2013
Yxiot Gees
VL, be
DES
LLL
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN MATEO
UNLIMITED JURISDICTION
10 ANDY SABER], an individual
11 Plaintiff, Case No: CIV-536294
12 vs. EVIDENTIARY OBJECTION AND MOTION TO
STRIKE PARAGRAPH 12 OF THE
13 LES STANFORD CHEVROLET DECLARATION OF JAMES DOMBROSKI IN
ia
CADILLAC, INC. et. al, OPPOSITION TO MOTION FOR ATTORNEYS
14 FEES DATED SEPTEMBER 17, 2019
15 Defendants. Date: October 3, 2019
Time: 9 AM
16 Department 1
Honorable Leland Davis III
17 ——
” civs36294
‘OBJEV
18 Objections to Evidence
i
2057728
19
20 Paragraph 12 of the Declaration of James Dombroski states: | | il
21 “Tn May, 2016 I had a conversation with Dimitry Schehebenko, who was the attorney for
22 defendant Mr. Dedyk...Mr. Schehebenko informed me directly that Safe Auto did not have
23 insurance. I had no other or independent means to ascertain whether such statement was true or
24 false, but had no reason to disbelieve it.”
25 Objection. Hearsay. No Foundation. Contrary to judicially noticeable facts.
26 According to the court’s docket Mr. Schehebenko never made an appearance in this case.
27 There is no corroborating letter, e-mail, or contemporaneous notes of that conversation appended to
28 the declaration.
1
TRIAL BRIEF
se
os
e
ge
There is also proof on the record (Exhibit K to the Reply Declaration in support of the May
17 motion) that no attorney named Dmitry Schehebenko is now, nor ever has been, licensed to
practice in California. (A copy of Exhibit K which was specifically referenced in the Notice of this
motion but ignored in the Opposition) is attached.
The statement that Mr. Dombroski had “no other or independent means to ascertain” the truth
of Mr. Schehebenko’s statement, or of his existence is contradicted by the Exhibit A advising him on
February 18, 2016 that insurance information was available on the US DOT website, two e-mails
from coverage counsel Steven Soltman originally attached to a.declaration filed by Mr. Dombroski
(Request for Iudicial Notice #5), and the April 22, 2016 Declaration of Beverly Larson. (Exhibit P.)
10
Page 4 of BJ Interstates Memorandum of Points and Authorities references five additional
11
examples of plaintiff being apprised that Mr. Dedyk had insurance before the plaintiff filed its First
12
Amended Complaint alleging Mr. Dedyk didn’t.
13
14 Respectfully Submitted September 24, 2019
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James Attridge, Attorney for BJ Interstate
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PROOF OF SERVICE
22
23 I, James Attridge am attorney of record for defendant BJ Interstate Auto Transporters, Inc. On
24 September 25, 2019 I placed the Evidentiary Objection and Motion to Strike to which this proof of
25 service is appended along with the Reply Memorandum of Points and Authorities served along
26 herewith and placed it in a two-day overnight envelope with postage pre-paid addressed to:
27
28
2
TRIAL BRIEF
.
James Dombroski
PO Box 751027
Petaluma, CA 94975
I declare under penalty of perjury under the laws of the States of California and Colorado that the
foregoing is GE September 25, 2019 at Littleton, CO.
James Attridge, Attorney for BJ Interstate
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TRIAL BRIEF
tte
JAMES ATTRIDGE [SBN NO. 124003]
LAW OFFICES OF JAMES ATTRIDGE
10821 West Dumbarton Place
Littleton, CO 80127
Telephone: (415) 846-4477
Email: jattridge@attridgelaw.com
Attorney for Defendant BJ Interstate
Auto Transporters, Inc.
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN MATEO
UNLIMITED JURISDICTION
10 ANDY SABERI, an individual
il Plaintiff, Case No: CIV-536294
12 vs. EVIDENTIARY OBJECTION AND MOTION TO
STRIKE, DECLARATION OF JAMES
13 LES STANFORD CHEVROLET ATTRIDGE IN SUPPORT THEREOF
CADILLAC, INC. et. al,
14 Date: May 17, 2016
Time: 9 AM
15 Defendants. Department 16, Courtroom A
Honorable Leland Davis, III
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“) The State Bar of California
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© 123456
© 2019 The State Bar of California
Document Filed Date
September 26, 2019
Case Filing Date
November 18, 2015
Category
(06) Unlimited Breach of Contract/Warranty
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* JAMES ATTRIDGE, SBN # 124003 LAW OFFICE OF JAMES ATTRIDGE 10821 West Dumbarton Place FILED Littleton, CO 80127 SAN MATEO COUNTY 415-846-4477 jattridge@attridgelaw.com SEP 26 2013 Yxiot Gees VL, be DES LLL SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO UNLIMITED JURISDICTION 10 ANDY SABER], an individual 11 Plaintiff, Case No: CIV-536294 12 vs. EVIDENTIARY OBJECTION AND MOTION TO STRIKE PARAGRAPH 12 OF THE 13 LES STANFORD CHEVROLET DECLARATION OF JAMES DOMBROSKI IN ia CADILLAC, INC. et. al, OPPOSITION TO MOTION FOR ATTORNEYS 14 FEES DATED SEPTEMBER 17, 2019 15 Defendants. Date: October 3, 2019 Time: 9 AM 16 Department 1 Honorable Leland Davis III 17 —— ” civs36294 ‘OBJEV 18 Objections to Evidence i 2057728 19 20 Paragraph 12 of the Declaration of James Dombroski states: | | il 21 “Tn May, 2016 I had a conversation with Dimitry Schehebenko, who was the attorney for 22 defendant Mr. Dedyk...Mr. Schehebenko informed me directly that Safe Auto did not have 23 insurance. I had no other or independent means to ascertain whether such statement was true or 24 false, but had no reason to disbelieve it.” 25 Objection. Hearsay. No Foundation. Contrary to judicially noticeable facts. 26 According to the court’s docket Mr. Schehebenko never made an appearance in this case. 27 There is no corroborating letter, e-mail, or contemporaneous notes of that conversation appended to 28 the declaration. 1 TRIAL BRIEF se os e ge There is also proof on the record (Exhibit K to the Reply Declaration in support of the May 17 motion) that no attorney named Dmitry Schehebenko is now, nor ever has been, licensed to practice in California. (A copy of Exhibit K which was specifically referenced in the Notice of this motion but ignored in the Opposition) is attached. The statement that Mr. Dombroski had “no other or independent means to ascertain” the truth of Mr. Schehebenko’s statement, or of his existence is contradicted by the Exhibit A advising him on February 18, 2016 that insurance information was available on the US DOT website, two e-mails from coverage counsel Steven Soltman originally attached to a.declaration filed by Mr. Dombroski (Request for Iudicial Notice #5), and the April 22, 2016 Declaration of Beverly Larson. (Exhibit P.) 10 Page 4 of BJ Interstates Memorandum of Points and Authorities references five additional 11 examples of plaintiff being apprised that Mr. Dedyk had insurance before the plaintiff filed its First 12 Amended Complaint alleging Mr. Dedyk didn’t. 13 14 Respectfully Submitted September 24, 2019 15 16 17 18 James Attridge, Attorney for BJ Interstate 19 20 21 PROOF OF SERVICE 22 23 I, James Attridge am attorney of record for defendant BJ Interstate Auto Transporters, Inc. On 24 September 25, 2019 I placed the Evidentiary Objection and Motion to Strike to which this proof of 25 service is appended along with the Reply Memorandum of Points and Authorities served along 26 herewith and placed it in a two-day overnight envelope with postage pre-paid addressed to: 27 28 2 TRIAL BRIEF . James Dombroski PO Box 751027 Petaluma, CA 94975 I declare under penalty of perjury under the laws of the States of California and Colorado that the foregoing is GE September 25, 2019 at Littleton, CO. James Attridge, Attorney for BJ Interstate 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3 TRIAL BRIEF tte JAMES ATTRIDGE [SBN NO. 124003] LAW OFFICES OF JAMES ATTRIDGE 10821 West Dumbarton Place Littleton, CO 80127 Telephone: (415) 846-4477 Email: jattridge@attridgelaw.com Attorney for Defendant BJ Interstate Auto Transporters, Inc. SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN MATEO UNLIMITED JURISDICTION 10 ANDY SABERI, an individual il Plaintiff, Case No: CIV-536294 12 vs. EVIDENTIARY OBJECTION AND MOTION TO STRIKE, DECLARATION OF JAMES 13 LES STANFORD CHEVROLET ATTRIDGE IN SUPPORT THEREOF CADILLAC, INC. et. al, 14 Date: May 17, 2016 Time: 9 AM 15 Defendants. Department 16, Courtroom A Honorable Leland Davis, III 16 17 18 19 20 21 22 23 24 25 26 ~. 27 28 Search - The State Bar of California http://members.calbar.ca, * fal/LicenseeSearch/QuickSearch?Fre “) The State Bar of California Licensee Search Your search for Dimitry Schehebenko returned no Search Tips results. e Do not use nicknames. Use either a first initial Would you like to search for names that sound like or proper first name. Dimitry Schehebenko? Sample Search Phrases For more search options, including the ability to ° J Smith search for certified specialists, try Advanced Search @ Smith, J e@ JD Smith e John D Smith @ Smith, John D © 123456 © 2019 The State Bar of California