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P. RANDOLPH FINCH JR., SBN 185004
EMAIL: pfinch@ftblaw.com
1 ANDREA L. PETRAY, SBN 240085 07/31/2020
EMAIL: apetray@ftblaw.com
CHRISTOPHER D. F. FOSTER, SBN 299710
2 EMAIL: cfoster@ftblaw.com
3 FINCH, THORNTON & BAIRD, LLP
ATTORNEYS AT LAW
4747 EXECUTIVE DRIVE – SUITE 700
4 SAN DIEGO, CALIFORNIA 92121-3107
TELEPHONE: (858) 737-3100
5 FACSIMILE: (858) 737-3101
6 Attorneys for Plaintiff Monte D. Mattson
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 FOR THE COUNTY OF PLACER
10 HOWARD G. GIBSON COURTHOUSE
11 MONTE D. MATTSON, an individual, CASE NO: S-CV-0044835
12 Plaintiff, SUPPLEMENTAL DECLARATION OF
CHRISTOPHER D. F. FOSTER IN
13 v. SUPPORT OF MONTE D. MATTSON’S
APPLICATION FOR WRIT OF
14 PARISI & POWELL, a Nevada ATTACHMENT
Corporation, doing business as PRD
15 CONSTRUCTION; Date: August 14, 2020
THE WESTERN SURETY COMPANY, a Time: 8:30 a.m.
16 South Dakota corporation’ Dept.: 3
AMERICAN CONTRACTORS
17 INDEMNITY COMPANY, a California Complaint Filed: April 30, 2020
corporation; and Trial Date: Not Set
18 DOES 1 through 50,
19 Defendants.
20
21 I, Christopher D. F. Foster, declare as follows:
22 1. I am an attorney with the law firm of Finch, Thornton & Baird, LLP (“FTB”),
23 attorneys of record for Monte D. Mattson (“Mr. Mattson”), in the above-captioned action. I
24 submit this declaration in support of Mr. Mattson’s application for a writ of attachment and
25 right to attach order against Parisi & Powell, dba PRD Construction (“PRD Construction
26 NV”). Unless otherwise stated, all facts testified to are within the personal knowledge and, if
27 called as a witness, I would and could competently testify to them.
28 / / / / /
SUPPLEMENTAL DECLARATION OF CHRISTOPHER D. F. FOSTER IN SUPPORT OF MONTE D.
MATTSON’S APPLICATION FOR WRIT OF ATTACHMENT
1 2. I was involved in preparing Mr. Mattson’s application for writ of attachment
2 and supporting filings, including the request for judicial notice filed concurrently with the
3 application (“Initial RJN”).
4 3. On or about July 15, 2020, I instructed my assistant to order, and authorized the
5 order of, certified business entity records for California Secretary of State Entity/File Numbers
6 C3912968 and 4130050. I accessed FTB’s electronic records and confirmed the order was
7 submitted that day to a third-party document processing company as a “rush” order for that
8 company to receive the certified records by hand delivery. Notably, we were informed by that
9 third-party document processing company that the California Secretary of State had suspended
10 its expedited services for document certification requests due to COVID-19, so we understood
11 this to be the fastest available method to obtain the certified records.
12 4. At the time FTB filed the application for writ of attachment and supporting
13 documents, including the Initial RJN, FTB had not yet received the requested certified records
14 from the California Secretary of State. Accordingly, we downloaded the business records we
15 needed from the California Secretary of State website. I accessed the California Secretary of
16 State website and confirmed the downloaded records corresponded to those available on the
17 California Secretary of State website for each of the two entities. Copies of the records
18 downloaded from the California Secretary of State website were included as exhibits 1, 2, 5, 6,
19 8, and 10 of the Initial RJN.
20 5. In the process of creating the Initial RJN, there was a clerical error in which one
21 of the files downloaded from the California Secretary of State website, the Statement of
22 Information for California Corporate Number C3912968, was included twice: once where
23 intended as Exhibit 2 to the Initial RJN and again as Exhibit 10 to the Initial RJN where the
24 Statement of Information for California Corporate Number C4130050 should have been
25 attached instead.
26 6. We received the certified records back from the California Secretary of State,
27 sent to us through the third-party company, on or about July 24, 2020. The certified records
28 are identified in and attached to the Supplemental Request for Judicial Notice (“Supplemental
FINCH, THORNTON &
BAIRD, LLP 2
4747 Executive
Drive - Suite 700
San Diego, CA 92121
(858) 737-3100 SUPPLEMENTAL DECLARATION OF CHRISTOPHER D. F. FOSTER IN SUPPORT OF MONTE D.
MATTSON’S APPLICATION FOR WRIT OF ATTACHMENT
1 RJN”) filed concurrently with this declaration. I was involved in preparing the Supplemental
2 RJN. The Supplemental RJN is not intended to submit anything new to the Court; rather, the
3 Supplemental RJN is merely intended to provide certified copies of the same records identified
4 in and attached to the Initial RJN. As such, the exhibits to the Supplemental RJN correspond
5 to the exhibits to the Initial RJN as follows:
6 Supplemental RJN Initial RJN
7 Exhibit 1, page 1 Exhibit 1
8 Exhibit 1, page 2 Exhibit 2
9 Exhibit 1, page 3 Exhibit 5
10 Exhibit 1, page 4 Not applicable
11 Exhibit 1, page 5 Exhibit 6
12 Exhibit 2, pages 1-2 Exhibit 8
13 Exhibit 2, page 3 Document identified as Exhibit 10. Due
to clerical error, the document attached
14 as Exhibit 10 to the Initial RJN did not
15 match the document described in the
Initial RJN.
16
Exhibit 2, page 4 Not applicable
17
18 I declare under penalty of perjury under the laws of the State of California that the
19 foregoing is true and correct.
20 Executed this 31st day of July, 2020, at San Diego, California
21
22 __________________________________
CHRISTOPHER D. F. FOSTER
23
24
25
26
27
28 1215.004/3KM1544.axa
FINCH, THORNTON &
BAIRD, LLP 3
4747 Executive
Drive - Suite 700
San Diego, CA 92121
(858) 737-3100 SUPPLEMENTAL DECLARATION OF CHRISTOPHER D. F. FOSTER IN SUPPORT OF MONTE D.
MATTSON’S APPLICATION FOR WRIT OF ATTACHMENT
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P. RANDOLPH FINCH JR., SBN 185004 EMAIL: pfinch@ftblaw.com 1 ANDREA L. PETRAY, SBN 240085 07/31/2020 EMAIL: apetray@ftblaw.com CHRISTOPHER D. F. FOSTER, SBN 299710 2 EMAIL: cfoster@ftblaw.com 3 FINCH, THORNTON & BAIRD, LLP ATTORNEYS AT LAW 4747 EXECUTIVE DRIVE – SUITE 700 4 SAN DIEGO, CALIFORNIA 92121-3107 TELEPHONE: (858) 737-3100 5 FACSIMILE: (858) 737-3101 6 Attorneys for Plaintiff Monte D. Mattson 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 FOR THE COUNTY OF PLACER 10 HOWARD G. GIBSON COURTHOUSE 11 MONTE D. MATTSON, an individual, CASE NO: S-CV-0044835 12 Plaintiff, SUPPLEMENTAL DECLARATION OF CHRISTOPHER D. F. FOSTER IN 13 v. SUPPORT OF MONTE D. MATTSON’S APPLICATION FOR WRIT OF 14 PARISI & POWELL, a Nevada ATTACHMENT Corporation, doing business as PRD 15 CONSTRUCTION; Date: August 14, 2020 THE WESTERN SURETY COMPANY, a Time: 8:30 a.m. 16 South Dakota corporation’ Dept.: 3 AMERICAN CONTRACTORS 17 INDEMNITY COMPANY, a California Complaint Filed: April 30, 2020 corporation; and Trial Date: Not Set 18 DOES 1 through 50, 19 Defendants. 20 21 I, Christopher D. F. Foster, declare as follows: 22 1. I am an attorney with the law firm of Finch, Thornton & Baird, LLP (“FTB”), 23 attorneys of record for Monte D. Mattson (“Mr. Mattson”), in the above-captioned action. I 24 submit this declaration in support of Mr. Mattson’s application for a writ of attachment and 25 right to attach order against Parisi & Powell, dba PRD Construction (“PRD Construction 26 NV”). Unless otherwise stated, all facts testified to are within the personal knowledge and, if 27 called as a witness, I would and could competently testify to them. 28 / / / / / SUPPLEMENTAL DECLARATION OF CHRISTOPHER D. F. FOSTER IN SUPPORT OF MONTE D. MATTSON’S APPLICATION FOR WRIT OF ATTACHMENT 1 2. I was involved in preparing Mr. Mattson’s application for writ of attachment 2 and supporting filings, including the request for judicial notice filed concurrently with the 3 application (“Initial RJN”). 4 3. On or about July 15, 2020, I instructed my assistant to order, and authorized the 5 order of, certified business entity records for California Secretary of State Entity/File Numbers 6 C3912968 and 4130050. I accessed FTB’s electronic records and confirmed the order was 7 submitted that day to a third-party document processing company as a “rush” order for that 8 company to receive the certified records by hand delivery. Notably, we were informed by that 9 third-party document processing company that the California Secretary of State had suspended 10 its expedited services for document certification requests due to COVID-19, so we understood 11 this to be the fastest available method to obtain the certified records. 12 4. At the time FTB filed the application for writ of attachment and supporting 13 documents, including the Initial RJN, FTB had not yet received the requested certified records 14 from the California Secretary of State. Accordingly, we downloaded the business records we 15 needed from the California Secretary of State website. I accessed the California Secretary of 16 State website and confirmed the downloaded records corresponded to those available on the 17 California Secretary of State website for each of the two entities. Copies of the records 18 downloaded from the California Secretary of State website were included as exhibits 1, 2, 5, 6, 19 8, and 10 of the Initial RJN. 20 5. In the process of creating the Initial RJN, there was a clerical error in which one 21 of the files downloaded from the California Secretary of State website, the Statement of 22 Information for California Corporate Number C3912968, was included twice: once where 23 intended as Exhibit 2 to the Initial RJN and again as Exhibit 10 to the Initial RJN where the 24 Statement of Information for California Corporate Number C4130050 should have been 25 attached instead. 26 6. We received the certified records back from the California Secretary of State, 27 sent to us through the third-party company, on or about July 24, 2020. The certified records 28 are identified in and attached to the Supplemental Request for Judicial Notice (“Supplemental FINCH, THORNTON & BAIRD, LLP 2 4747 Executive Drive - Suite 700 San Diego, CA 92121 (858) 737-3100 SUPPLEMENTAL DECLARATION OF CHRISTOPHER D. F. FOSTER IN SUPPORT OF MONTE D. MATTSON’S APPLICATION FOR WRIT OF ATTACHMENT 1 RJN”) filed concurrently with this declaration. I was involved in preparing the Supplemental 2 RJN. The Supplemental RJN is not intended to submit anything new to the Court; rather, the 3 Supplemental RJN is merely intended to provide certified copies of the same records identified 4 in and attached to the Initial RJN. As such, the exhibits to the Supplemental RJN correspond 5 to the exhibits to the Initial RJN as follows: 6 Supplemental RJN Initial RJN 7 Exhibit 1, page 1 Exhibit 1 8 Exhibit 1, page 2 Exhibit 2 9 Exhibit 1, page 3 Exhibit 5 10 Exhibit 1, page 4 Not applicable 11 Exhibit 1, page 5 Exhibit 6 12 Exhibit 2, pages 1-2 Exhibit 8 13 Exhibit 2, page 3 Document identified as Exhibit 10. Due to clerical error, the document attached 14 as Exhibit 10 to the Initial RJN did not 15 match the document described in the Initial RJN. 16 Exhibit 2, page 4 Not applicable 17 18 I declare under penalty of perjury under the laws of the State of California that the 19 foregoing is true and correct. 20 Executed this 31st day of July, 2020, at San Diego, California 21 22 __________________________________ CHRISTOPHER D. F. FOSTER 23 24 25 26 27 28 1215.004/3KM1544.axa FINCH, THORNTON & BAIRD, LLP 3 4747 Executive Drive - Suite 700 San Diego, CA 92121 (858) 737-3100 SUPPLEMENTAL DECLARATION OF CHRISTOPHER D. F. FOSTER IN SUPPORT OF MONTE D. MATTSON’S APPLICATION FOR WRIT OF ATTACHMENT