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Ryan P. Harley, Esq. (SBN 245059) Electronically Filed
Bradley D. Doucette, Esq. (SBN 322611) by Superior Court of CA,
COLLINS COLLINS MUIR + STEWART LLP County of Santa Clara,
1999 Harrison Street, Suite 1700 on 11/17/2020 3:11 PM
Oakland, CA 94612 Reviewed By: M Vu
(510) 844-5100 — FAX (510) 844-5101 Case #17CV310601
Email: rharley@ccmslaw.com Envelope: 5313080
Email: bdoucette@ccmslaw.com
Attorneys for Defendant/Cross-Complainant
WEC AND ASSOCIATES, INC.
(erroneously sued and served as WEC ASSOCIATES, INC.)
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
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11 YOUQIN CAO, an Individual, and CASE NO. 17CV310601
XINRONG JIANG, an Individual, [Assigned to the Hon. Socrates P. Manoukian,
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Dept. 20]
13 Plaintiffs,
DECLARATION OF BRADLEY D. DOUCETTE
14 vs. IN SUPPORT OF MOTION BY WEC AND
ASSOCIATES, INC. FOR SUMMARY
15 CALIFORNIA HOME BUILDERS & ADJUDICATION
DESIGN, INC. dba CALIFORNIA
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HOMES & DESIGNS, INC., a California) [Filed concurrently with Notice of Motion and
17 Corporation; CALIFORNIA HOMES AND) Motion; Declaration of Ed Wu; Declaration of Jing
KITCHEN DESIGN CENTER, INC., a ) Quan; Separate Statement of Undisputed Material
18 California Corporation; WEC Facts; Compendium of Evidence; Request for
ASSOCIATES, INC., a California Judicial Notice; and Proposed Order]
19 Corporation; and DOES 2 through 100,
DATE: February 2, 2021
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Defendants. TIME: 9:00 a.m.
21 DEPT: 20
22 Complaint Filed: 5/19/17
FAC Filed: 8/15/17
23 Trial Date: None
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AND RELATED CROSS-ACTIONS
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20705
sau
1999)
Oak
INS COLLINS
+ STEWART,
61
7 $t0.1700
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DECLARATION OF BRADLEY D. DOUCETTE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC.
(510) 844-5100 FOR SUMMARY ADJUDICATION
fax (610) 244-5101,
DECLARATION OF BRADLEY D. DOUCETTE
I, Bradley D. Doucette, declare and state as follows:
1 I am an attorney duly licensed to practice law before the courts in the State of
California. Iam an associate in the law firm of Collins Collins Muir + Stewart LLP, counsel of record
for Defendants, WEC AND ASSOCIATES INC. (“WEC”), in this lawsuit. The following facts and
circumstances are personally known to me, and if called upon to do so, I could and would competently
testify as to them.
2. A true and correct copy of the relevant portions of the first volume of deposition
testimony of Plaintiff Yougin Cao is attached to the Compendium of Evidence as Exhibit “F” and
10 incorporated herein by reference. The relevant portions attached are pages 34-35, 42-43, and 52-53.
11 3 A true and correct copy of the relevant portions of the second volume of Plaintiff
12 Youqin Cao’s deposition testimony is attached is attached to the Compendium of Evidence as
13 Exhibit “G” and incorporated herein by reference. The relevant portions attached are pages 94-95,
14 96-99, 99-101, 102, and 108-109.
15 4 A true and correct copy of the relevant portions of the deposition testimony of Plaintiff
16 Xinrong Jiang is attached is attached to the Compendium of Evidence as Exhibit “H” and
17 incorporated herein by reference. The relevant portions attached are pages 38-43 and 48-51.
18 5 A true and correct copy of the relevant portions of the deposition testimony of Jing
19 Quan is attached to the Compendium of Evidence as Exhibit “I” and incorporated herein by
20 reference. The relevant portions attached are pages 43-46 and 53-54.
21 6. A true and correct copy of the relevant portions of the deposition testimony of Ed Wu
22 is attached to the Compendium of Evidence as Exhibit “J” and incorporated herein by reference.
23 The relevant portions attached are pages 155-161.
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20705
COLLINS COLLINS 2
MUIR + STEWART.
1999 Harrison St, Ste.17 DECLARATION OF BRADLEY D. DOUCETTE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC.
Oakland, CA 94612
Phone (510) 844-5100 FOR SUMMARY ADJUDICATION
Fax (610) 844.5101,
I declare under penalty of perjury under the laws of the State of California that the foregoing
is true and correct.
Executed on this 17th day of November 2020 in Oakland, California.
ne
DOLCE.
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COLLINS COLLINS 3
MUIR + STEWART.
1999 Harrison St, Ste.17 DECLARATION OF BRADLEY D. DOUCETTE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC.
Oakland, CA 94612
Phone (510) 844-5100 FOR SUMMARY ADJUDICATION
Fax (610) 844.5101,
PROOF OF SERVICE
(CCP gg 1013(a) and 2015.5; FRCP 5)
State of California, )
) ss,
County of San Bernardino. )
1 am employed in the County of San Bernardino. I am over the age of 18 and not a party to the within action. My business addres:
is 10681 Foothill Boulevard, Suite 260, Rancho Cucamonga, California 91730.
On this date, I served the foregoing document described as DECLARATION OF BRADLEY D. DOUCETTE IN SUPPORT
OF MOTION BY WEC AND ASSOCIATES, INC. FOR SUMMARY ADJUDICATION on the interested parties in this action by
placing same in a sealed envelope, addressed as follows:
SEE ATTACHED SERVICE LIST
0 GY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Rancho Cucamonga|
California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collectior
and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day wit
postage thereon fully prepaid at Rancho Cucamonga, California in the ordinary course of business. [am aware that on motion of the party
served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailin;
in affidavit.
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(BY CERTIFIED MAIL) - | caused such envelope(s) with postage thereon fully prepaid via Certified Mail Retum Receipt Requested
11 to be placed in the United States Mail in Rancho Cucamonga, California.
BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY
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(BY ELECTRONIC FILING AND/OR SERVICE)— Only by emailing the document(s) listed above to the parties in this action usin,
13 the email addresses identified on the attached Service List. During the period of Emergency Rule #12 declared pursuant to the COVID-1
Pandemic, as well as the Orders of the Governor of C: jifornia and Mayor of Los Angeles, this office is working remotely, not readily abl
14 to send physical mail as usual, and is therefore using only electronic mail as the preferred method of communication, No electroni
message or other indication that the transmission was unsuccessfull was received within a reasonable time after the transmission.
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FEDERAL EXPRESS - | caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with
delivery fees provided for.
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(BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimil
17 number(s) indicated on the attached Service st and the activity report(s) generated by facsimile number (909) 581-6101 indicated al
pages were transmitted.
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(BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s).
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Executed on November 17, 2020 at Ontario, California.
20 & (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
21 oO (FEDERAL) - Ideclare that I am employed in the office of a member of the bar of this court at whose direction the service was made.
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DEXISE WELCH
23 dwelch@cemslaw.com
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20705
COLLINS COLLINS 4
MUIR + STEWART.
1999 Harrison St, Ste.17 DECLARATION OF BRADLEY D. DOUCETTE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC.
Oakland, CA 94612
Phone (510) 844-5100 FOR SUMMARY ADJUDICATION
Fax (610) 244-5101,
YOUQIN CAO and XINRONG JIANG v. CALIFORNIA HOME BUILDERS & DESIGN, INC., etc., et al.
Santa Clara County Superior Court Case No. 17CV310601
CCMS File No. 20705
SERVICE LIST
Jeffrey H. Belote, Esq. Brian Preston, Esq.
CLARK HILL LLP LAW OFFICES OF BRIAN PRESTON
One Embarcadero Center, Suite 400 111 North Market Street, Suite 705
San Francisco, CA 94111 San Jose, CA 95113
(415) 984-8500 — Fax: (415) 984-8599 (408) 293-2700 — Fax: (408) 293-2711
jbelote@clarkhill.com bp@briany ‘om,
ATTORNEYS FOR Plaintiff/Cross-Defendants ATTORNEY FOR Defendants/
YOUQUIN CAO & XINRONG JIANG Cross-Complainants/Cross-Defendants
CALIFORNIA HOMES AND KITCHEN DESIGN
CENTER, INC., and CALIFORNIA HOME BUILDERS
& DESIGN, INC.
Kevin P. Kennedy, Esq.
E. Val Meneses, Esq.
KENNEDY & SOUZA, APC
10 7964 Arjons Drive, Suite I
San Diego, CA 92126
il (858) 267-4127 — Fax: (858) 267-4128
kkennedy@kennedysouza.com
vmeneses@kennedysouza.com
12 ASSOCIATED COUNSEL FOR Defendants/
Cross-Complainants/Cross-Defendants
13 CALIFORNIA HOMES AND KITCHEN DESIGN
CENTER, INC., and CALIFORNIA HOME
14 BUILDERS & DESIGN, INC.
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COLLINS COLLINS 5
MUIR + STEWART.
1999 Harrison St, Ste.171 DECLARATION OF BRADLEY D. DOUCETTE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC.
Oakland, CA 94612
Phone (510) 844-5100 FOR SUMMARY ADJUDICATION
Fax (610) 244-5101
Preview
Ryan P. Harley, Esq. (SBN 245059) Electronically Filed Bradley D. Doucette, Esq. (SBN 322611) by Superior Court of CA, COLLINS COLLINS MUIR + STEWART LLP County of Santa Clara, 1999 Harrison Street, Suite 1700 on 11/17/2020 3:11 PM Oakland, CA 94612 Reviewed By: M Vu (510) 844-5100 — FAX (510) 844-5101 Case #17CV310601 Email: rharley@ccmslaw.com Envelope: 5313080 Email: bdoucette@ccmslaw.com Attorneys for Defendant/Cross-Complainant WEC AND ASSOCIATES, INC. (erroneously sued and served as WEC ASSOCIATES, INC.) SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CLARA 10 11 YOUQIN CAO, an Individual, and CASE NO. 17CV310601 XINRONG JIANG, an Individual, [Assigned to the Hon. Socrates P. Manoukian, 12 Dept. 20] 13 Plaintiffs, DECLARATION OF BRADLEY D. DOUCETTE 14 vs. IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC. FOR SUMMARY 15 CALIFORNIA HOME BUILDERS & ADJUDICATION DESIGN, INC. dba CALIFORNIA 16 HOMES & DESIGNS, INC., a California) [Filed concurrently with Notice of Motion and 17 Corporation; CALIFORNIA HOMES AND) Motion; Declaration of Ed Wu; Declaration of Jing KITCHEN DESIGN CENTER, INC., a ) Quan; Separate Statement of Undisputed Material 18 California Corporation; WEC Facts; Compendium of Evidence; Request for ASSOCIATES, INC., a California Judicial Notice; and Proposed Order] 19 Corporation; and DOES 2 through 100, DATE: February 2, 2021 20 Defendants. TIME: 9:00 a.m. 21 DEPT: 20 22 Complaint Filed: 5/19/17 FAC Filed: 8/15/17 23 Trial Date: None 24 AND RELATED CROSS-ACTIONS 25 26 27 28 20705 sau 1999) Oak INS COLLINS + STEWART, 61 7 $t0.1700 1 DECLARATION OF BRADLEY D. DOUCETTE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC. (510) 844-5100 FOR SUMMARY ADJUDICATION fax (610) 244-5101, DECLARATION OF BRADLEY D. DOUCETTE I, Bradley D. Doucette, declare and state as follows: 1 I am an attorney duly licensed to practice law before the courts in the State of California. Iam an associate in the law firm of Collins Collins Muir + Stewart LLP, counsel of record for Defendants, WEC AND ASSOCIATES INC. (“WEC”), in this lawsuit. The following facts and circumstances are personally known to me, and if called upon to do so, I could and would competently testify as to them. 2. A true and correct copy of the relevant portions of the first volume of deposition testimony of Plaintiff Yougin Cao is attached to the Compendium of Evidence as Exhibit “F” and 10 incorporated herein by reference. The relevant portions attached are pages 34-35, 42-43, and 52-53. 11 3 A true and correct copy of the relevant portions of the second volume of Plaintiff 12 Youqin Cao’s deposition testimony is attached is attached to the Compendium of Evidence as 13 Exhibit “G” and incorporated herein by reference. The relevant portions attached are pages 94-95, 14 96-99, 99-101, 102, and 108-109. 15 4 A true and correct copy of the relevant portions of the deposition testimony of Plaintiff 16 Xinrong Jiang is attached is attached to the Compendium of Evidence as Exhibit “H” and 17 incorporated herein by reference. The relevant portions attached are pages 38-43 and 48-51. 18 5 A true and correct copy of the relevant portions of the deposition testimony of Jing 19 Quan is attached to the Compendium of Evidence as Exhibit “I” and incorporated herein by 20 reference. The relevant portions attached are pages 43-46 and 53-54. 21 6. A true and correct copy of the relevant portions of the deposition testimony of Ed Wu 22 is attached to the Compendium of Evidence as Exhibit “J” and incorporated herein by reference. 23 The relevant portions attached are pages 155-161. 24 Ml 25 Mt 26 Mt 27 Mt 28 20705 COLLINS COLLINS 2 MUIR + STEWART. 1999 Harrison St, Ste.17 DECLARATION OF BRADLEY D. DOUCETTE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC. Oakland, CA 94612 Phone (510) 844-5100 FOR SUMMARY ADJUDICATION Fax (610) 844.5101, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on this 17th day of November 2020 in Oakland, California. ne DOLCE. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20705 COLLINS COLLINS 3 MUIR + STEWART. 1999 Harrison St, Ste.17 DECLARATION OF BRADLEY D. DOUCETTE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC. Oakland, CA 94612 Phone (510) 844-5100 FOR SUMMARY ADJUDICATION Fax (610) 844.5101, PROOF OF SERVICE (CCP gg 1013(a) and 2015.5; FRCP 5) State of California, ) ) ss, County of San Bernardino. ) 1 am employed in the County of San Bernardino. I am over the age of 18 and not a party to the within action. My business addres: is 10681 Foothill Boulevard, Suite 260, Rancho Cucamonga, California 91730. On this date, I served the foregoing document described as DECLARATION OF BRADLEY D. DOUCETTE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC. FOR SUMMARY ADJUDICATION on the interested parties in this action by placing same in a sealed envelope, addressed as follows: SEE ATTACHED SERVICE LIST 0 GY MAIL) - I caused such envelope(s) with postage thereon fully prepaid to be placed in the United States mail in Rancho Cucamonga| California to be served on the parties as indicated on the attached service list. I am “readily familiar” with the firm’s practice of collectior and processing correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day wit postage thereon fully prepaid at Rancho Cucamonga, California in the ordinary course of business. [am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailin; in affidavit. 10 (BY CERTIFIED MAIL) - | caused such envelope(s) with postage thereon fully prepaid via Certified Mail Retum Receipt Requested 11 to be placed in the United States Mail in Rancho Cucamonga, California. BY EXPRESS MAIL OR ANOTHER METHOD OF DELIVERY PROVIDING FOR OVERNIGHT DELIVERY 12 (BY ELECTRONIC FILING AND/OR SERVICE)— Only by emailing the document(s) listed above to the parties in this action usin, 13 the email addresses identified on the attached Service List. During the period of Emergency Rule #12 declared pursuant to the COVID-1 Pandemic, as well as the Orders of the Governor of C: jifornia and Mayor of Los Angeles, this office is working remotely, not readily abl 14 to send physical mail as usual, and is therefore using only electronic mail as the preferred method of communication, No electroni message or other indication that the transmission was unsuccessfull was received within a reasonable time after the transmission. 15 FEDERAL EXPRESS - | caused the envelope to be delivered to an authorized courier or driver authorized to receive documents with delivery fees provided for. 16 (BY FACSIMILE) - I caused the above-described document(s) to be transmitted to the offices of the interested parties at the facsimil 17 number(s) indicated on the attached Service st and the activity report(s) generated by facsimile number (909) 581-6101 indicated al pages were transmitted. 18 (BY PERSONAL SERVICE) - I caused such envelope(s) to be delivered by hand to the office(s) of the addressee(s). 19 Executed on November 17, 2020 at Ontario, California. 20 & (STATE) - I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 21 oO (FEDERAL) - Ideclare that I am employed in the office of a member of the bar of this court at whose direction the service was made. 22 DEXISE WELCH 23 dwelch@cemslaw.com 24 25 26 27 28 20705 COLLINS COLLINS 4 MUIR + STEWART. 1999 Harrison St, Ste.17 DECLARATION OF BRADLEY D. DOUCETTE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC. Oakland, CA 94612 Phone (510) 844-5100 FOR SUMMARY ADJUDICATION Fax (610) 244-5101, YOUQIN CAO and XINRONG JIANG v. CALIFORNIA HOME BUILDERS & DESIGN, INC., etc., et al. Santa Clara County Superior Court Case No. 17CV310601 CCMS File No. 20705 SERVICE LIST Jeffrey H. Belote, Esq. Brian Preston, Esq. CLARK HILL LLP LAW OFFICES OF BRIAN PRESTON One Embarcadero Center, Suite 400 111 North Market Street, Suite 705 San Francisco, CA 94111 San Jose, CA 95113 (415) 984-8500 — Fax: (415) 984-8599 (408) 293-2700 — Fax: (408) 293-2711 jbelote@clarkhill.com bp@briany ‘om, ATTORNEYS FOR Plaintiff/Cross-Defendants ATTORNEY FOR Defendants/ YOUQUIN CAO & XINRONG JIANG Cross-Complainants/Cross-Defendants CALIFORNIA HOMES AND KITCHEN DESIGN CENTER, INC., and CALIFORNIA HOME BUILDERS & DESIGN, INC. Kevin P. Kennedy, Esq. E. Val Meneses, Esq. KENNEDY & SOUZA, APC 10 7964 Arjons Drive, Suite I San Diego, CA 92126 il (858) 267-4127 — Fax: (858) 267-4128 kkennedy@kennedysouza.com vmeneses@kennedysouza.com 12 ASSOCIATED COUNSEL FOR Defendants/ Cross-Complainants/Cross-Defendants 13 CALIFORNIA HOMES AND KITCHEN DESIGN CENTER, INC., and CALIFORNIA HOME 14 BUILDERS & DESIGN, INC. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 20705 COLLINS COLLINS 5 MUIR + STEWART. 1999 Harrison St, Ste.171 DECLARATION OF BRADLEY D. DOUCETTE IN SUPPORT OF MOTION BY WEC AND ASSOCIATES, INC. Oakland, CA 94612 Phone (510) 844-5100 FOR SUMMARY ADJUDICATION Fax (610) 244-5101