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JOHN W, HOWARD (SBN 80200)
MICHELLE D. VOLK (SBN 217151)
JW Howard/Attomeys, Ltd. Electronically
701 B, Street, Ste. 1725
by Superior Court of Calif 2, County of San Mateo
San Diego, California 92101
ON 10/29/2020
Telephone: (619) 234-2842
Telefax: (619 234-1716 By. /s/ Una Finau
Deputy Clerk
Electronic Mail: johnh@jwhowardattorneys.com
Attomeys for Plaintiff, KC Funding, LLC dba Kids Connection
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
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KC FUNDING, LLC dba KIDS Case No. 17CLJ00637
12 CONNECTION
13 DECLARATION OF
Plaintiff, MICHELLE D. VOLK
i4 IN SUPPORT OF
Vv. PLAINTIFF’S MOTION
15 TO AMEND JUDGMENT
16 BITA IMANI 2021
and DOES 1-5, inclusive, Hearing Date: January 6, 2020
17 Hearing Time: 1:30 p.m.
Dept: Law and Motion
18 Defendants.
19 Complaint Filed: Feb, 14, 2017
20
21
22 DECLARATION OF MICHELLE D. VOLK
23 I, Michelle D. Volk declare as follows:
24 1 Tam an attorney at law licensed to practice in the State of California and am
25 employed by JW Howard/Attorneys, counsel for the Plaintiff KC Funding, LLC. This
26 declaration is made in support of Plaintiff's Motion to Amend the Judgment. I know the matters
27
28 1
DECLARATION OF MICHELLE D. VOLK IN SUPPORT OF
PLAINTIFF’S MOTION TO AMEND JUDGMENT
set forth in this Declaration based on my own knowledge and if sworn as a witness in this court
or before any other tribunal could and would competently testify thereto.
2. While employed by JW Howard/Attorneys, ] have provided legal services to Plaintiff
in this case beginning in February 2018 up through to the present day. I was primarily
responsible for this case for the majority of this time period,
3. This case involves a breach of contract claim filed against by Bita Imani for failing to
pay tuition owed to Kids Connection, a private school in Foster City, California. The contract
was between Bita Imani and Kids Connection. After Plaintiff prevailed on a motion for
summary adjudication on the contract claim, Judgment was entered against Defendant Bita Imani
10 on August 27, 2020.
11 4. Asis shown on the Register of Actions on file with this Court, Ms. Imani filed an
12 answer and then filed a second (amended) answer under the name Bita Imani. | stipulated to
13 allowing Ms. Imani to file an amended answer although it is not titled as such.
14 5. At some point during the litigation, Ms. Imani began using the name “Bita Safari” in
15 her pleadings and discovery responses.
16 6. Bita Imani was deposed on December 9, 2019. She was represented by counsel,
17 Michael Adams. John Howard from my office deposed her. At deposition, Ms. Imani testified
18 that she got married in 2015 and changed her last name from Imani to Safari. A true and correct
19 copy of her testimony is attached hereto as Exhibit “A.”
20
21 I declare under penalty of perjury under the laws of the State of California that the
22 foregoing is true and correct, and that this declaration was executed on 29"" day of October 2020
23 at San Diego, California.
24
25 ich le D. Volk
26
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28 2
DECLARATION OF MICHELLE D. VOLK IN SUPPORT OF
PLAINTIFF'S MOTION TO AMEND JUDGMENT
EXHIBIT “A”
Atkinson-Baker, Inc.
www.depo.com
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
KC FUNDING, LLC, CERTIFIED COPY
Plaintiffs,
Case No 17-CLdJ-00637
BITA IMANI,
Defendants.
10
121
12 DEPOSITION OF
13 BITA SAFARI
14 REDWOOD CITY, CALIFORNIA
15 DECEMBER 9, 2019
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22 ATKINSON-BAKER, Inc.
(800) 288-3376
23 www.depo.com
24 REPORTED BY: KIMBERLY K. WALSTAD, CSR. 13828
25 FILE NO.: ADOCIAC
Bita Safari
December 09, 2019
Atkinson-Baker, Inc.
www.depo.com
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SAN MATEO
KC FUNDING, LLC,
Plaintiffs,
v. Case No. 17-CLI-00637
BITA IMANI,
Defendants.
Lo
121
12
13
14
15 Deposition of BITA SAFARI taken on behalf
16 of the Plaintiffs at 605 Middlefield Road, Redwood
17 City, California 94063, commencing at 1:02 p.m., on
18 Monday, December 9, 2019, before Kimberly K.
19 Walstad, CSR No. 13828, CRR, CBC, RPR, RMR.
20
al
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24
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Bita Safari
December09, 2019
Atkinson-Baker, Inc.
www.depo.com
REDWOOD CITY, CA; DECEMBER 9, 2019; 1:02 P.M.
BITA SAFARI,
having first been duly sworn, was examined and
testified as follows:
EXAMINATION
BY MR, HOWARD: 13 02 41
fr
Q Can you state your name for the record and 13 02 51
spell your last name? 13 02 53
A Bita, B-i-t-a. Last name is Safari, 13 02 55
10 S-a-f-a-r-i. 13 02 58
il Q That's a different name than I have been 13 03 a3
12 given. Did you change your name? 13 03 a6
13 A Yes, I did. I got married and changed my 3 03 08
14 last name. 13 03 10
15 Q Okay. 13 03 14
16 Previous last name ig Imani, I-m-a-n-i. 13 03 15
17 And when did you get married? 13 03 27
18 2015. 3 03 34
Ft
19 Q So you are the plaintiff -- you're the 13 03 36
20 defendant in this case, correct? 13 03 39
21 A I am the plaintiff? 13 03 41
22 No. You are the defendant, correct? 13 03 43
23 IT am. 13 03 45
24 Where did you go to school? 13 03 46
25 In Tehran, Iran. 13 03 48
Bita Safari
December 09, 2019
Atkinson-Baker, Inc.
www.depo.com
REPORTER CERTIFICATE
I hereby certify that the witness in the
foregoing deposition, BITA SAFARI, was by me duly
sworn to testify to the truth, the whole truth, and
nothing but the truth, in the within-entitled cause;
that said deposition was taken at the time and place
herein named; that the deposition is a true record
of the witness's testimony as reported by me, a duly
certified shorthand reporter and a disinterested
10 person, and was thereafter transcribed into
11 typewriting by computer.
12 I further certify that I am not interested
13 in the outcome of the said action, nor connected
14 with, nor related to any of the parties in said
15 action, nor to their respective counsel.
16 IN WITNESS WHEREOF, I have hereunto set my
17 hand this 23rd day of December, 2019.
18
19
KM Mbhhtle-
20
21 ee See
et
22 KIMBERLY K. ALSTAD, CSR NO. 13828
23 STATE OF CALIFORNIA
24
25
Bita Safari
December 09, 2019 31
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JOHN W, HOWARD (SBN 80200) MICHELLE D. VOLK (SBN 217151) JW Howard/Attomeys, Ltd. Electronically 701 B, Street, Ste. 1725 by Superior Court of Calif 2, County of San Mateo San Diego, California 92101 ON 10/29/2020 Telephone: (619) 234-2842 Telefax: (619 234-1716 By. /s/ Una Finau Deputy Clerk Electronic Mail: johnh@jwhowardattorneys.com Attomeys for Plaintiff, KC Funding, LLC dba Kids Connection SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO 10 1 KC FUNDING, LLC dba KIDS Case No. 17CLJ00637 12 CONNECTION 13 DECLARATION OF Plaintiff, MICHELLE D. VOLK i4 IN SUPPORT OF Vv. PLAINTIFF’S MOTION 15 TO AMEND JUDGMENT 16 BITA IMANI 2021 and DOES 1-5, inclusive, Hearing Date: January 6, 2020 17 Hearing Time: 1:30 p.m. Dept: Law and Motion 18 Defendants. 19 Complaint Filed: Feb, 14, 2017 20 21 22 DECLARATION OF MICHELLE D. VOLK 23 I, Michelle D. Volk declare as follows: 24 1 Tam an attorney at law licensed to practice in the State of California and am 25 employed by JW Howard/Attorneys, counsel for the Plaintiff KC Funding, LLC. This 26 declaration is made in support of Plaintiff's Motion to Amend the Judgment. I know the matters 27 28 1 DECLARATION OF MICHELLE D. VOLK IN SUPPORT OF PLAINTIFF’S MOTION TO AMEND JUDGMENT set forth in this Declaration based on my own knowledge and if sworn as a witness in this court or before any other tribunal could and would competently testify thereto. 2. While employed by JW Howard/Attorneys, ] have provided legal services to Plaintiff in this case beginning in February 2018 up through to the present day. I was primarily responsible for this case for the majority of this time period, 3. This case involves a breach of contract claim filed against by Bita Imani for failing to pay tuition owed to Kids Connection, a private school in Foster City, California. The contract was between Bita Imani and Kids Connection. After Plaintiff prevailed on a motion for summary adjudication on the contract claim, Judgment was entered against Defendant Bita Imani 10 on August 27, 2020. 11 4. Asis shown on the Register of Actions on file with this Court, Ms. Imani filed an 12 answer and then filed a second (amended) answer under the name Bita Imani. | stipulated to 13 allowing Ms. Imani to file an amended answer although it is not titled as such. 14 5. At some point during the litigation, Ms. Imani began using the name “Bita Safari” in 15 her pleadings and discovery responses. 16 6. Bita Imani was deposed on December 9, 2019. She was represented by counsel, 17 Michael Adams. John Howard from my office deposed her. At deposition, Ms. Imani testified 18 that she got married in 2015 and changed her last name from Imani to Safari. A true and correct 19 copy of her testimony is attached hereto as Exhibit “A.” 20 21 I declare under penalty of perjury under the laws of the State of California that the 22 foregoing is true and correct, and that this declaration was executed on 29"" day of October 2020 23 at San Diego, California. 24 25 ich le D. Volk 26 27 28 2 DECLARATION OF MICHELLE D. VOLK IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND JUDGMENT EXHIBIT “A” Atkinson-Baker, Inc. www.depo.com IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO KC FUNDING, LLC, CERTIFIED COPY Plaintiffs, Case No 17-CLdJ-00637 BITA IMANI, Defendants. 10 121 12 DEPOSITION OF 13 BITA SAFARI 14 REDWOOD CITY, CALIFORNIA 15 DECEMBER 9, 2019 16 17 18 19 20 21 22 ATKINSON-BAKER, Inc. (800) 288-3376 23 www.depo.com 24 REPORTED BY: KIMBERLY K. WALSTAD, CSR. 13828 25 FILE NO.: ADOCIAC Bita Safari December 09, 2019 Atkinson-Baker, Inc. www.depo.com IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN MATEO KC FUNDING, LLC, Plaintiffs, v. Case No. 17-CLI-00637 BITA IMANI, Defendants. Lo 121 12 13 14 15 Deposition of BITA SAFARI taken on behalf 16 of the Plaintiffs at 605 Middlefield Road, Redwood 17 City, California 94063, commencing at 1:02 p.m., on 18 Monday, December 9, 2019, before Kimberly K. 19 Walstad, CSR No. 13828, CRR, CBC, RPR, RMR. 20 al 22 23 24 25 Bita Safari December09, 2019 Atkinson-Baker, Inc. www.depo.com REDWOOD CITY, CA; DECEMBER 9, 2019; 1:02 P.M. BITA SAFARI, having first been duly sworn, was examined and testified as follows: EXAMINATION BY MR, HOWARD: 13 02 41 fr Q Can you state your name for the record and 13 02 51 spell your last name? 13 02 53 A Bita, B-i-t-a. Last name is Safari, 13 02 55 10 S-a-f-a-r-i. 13 02 58 il Q That's a different name than I have been 13 03 a3 12 given. Did you change your name? 13 03 a6 13 A Yes, I did. I got married and changed my 3 03 08 14 last name. 13 03 10 15 Q Okay. 13 03 14 16 Previous last name ig Imani, I-m-a-n-i. 13 03 15 17 And when did you get married? 13 03 27 18 2015. 3 03 34 Ft 19 Q So you are the plaintiff -- you're the 13 03 36 20 defendant in this case, correct? 13 03 39 21 A I am the plaintiff? 13 03 41 22 No. You are the defendant, correct? 13 03 43 23 IT am. 13 03 45 24 Where did you go to school? 13 03 46 25 In Tehran, Iran. 13 03 48 Bita Safari December 09, 2019 Atkinson-Baker, Inc. www.depo.com REPORTER CERTIFICATE I hereby certify that the witness in the foregoing deposition, BITA SAFARI, was by me duly sworn to testify to the truth, the whole truth, and nothing but the truth, in the within-entitled cause; that said deposition was taken at the time and place herein named; that the deposition is a true record of the witness's testimony as reported by me, a duly certified shorthand reporter and a disinterested 10 person, and was thereafter transcribed into 11 typewriting by computer. 12 I further certify that I am not interested 13 in the outcome of the said action, nor connected 14 with, nor related to any of the parties in said 15 action, nor to their respective counsel. 16 IN WITNESS WHEREOF, I have hereunto set my 17 hand this 23rd day of December, 2019. 18 19 KM Mbhhtle- 20 21 ee See et 22 KIMBERLY K. ALSTAD, CSR NO. 13828 23 STATE OF CALIFORNIA 24 25 Bita Safari December 09, 2019 31