Preview
1 Traoy N. Tumlin, (State Bar No.38877)
331 Arguello Blvd
2 San francisco, CA 94118
808-345-7192
3 Attorney for Plaintiff' LEOMABD NORDQQS 4
MONTGOMERY SANSQMB
~PSHOr CS Qlf
4
By
'EPUTY~
(0
SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF SAN MATEO
s LEONARD A. NORDEMAN;MONTGOMERY Case No.: CIV 508839
)
SANSOME LP, DECLARATION OF TRACY N.
TUMLIN IN SUPPORT OF
10 Plaintiffs, MOTIONS BY PLAINTIFFS
MONTGOMERY SANSQME LP and
11 vs. LEOIQQtD NORDEWiR FOR
JUDGMENT NOTWITHSTANDING
ARCH CONSTRUCTION,SAYL THE VRHtDICT AND FOR NEW
TRIAL
MAHALLATI, NASSER MAHALLATI and )
Does 1-100, )
( CCP section 629)
)
15 Defendants )
)
16 )
17 Judge: Honorable Gerald J. Buchwald
18 Date: to be assigned
19 Time: to be assigned
20 I TRACY N. TUMLIN, declare as follows:
21 l. I am an attorney licensed to practice law in the Courts of the
22 State of California and the attorney of record herein for Plaintiffs,
23 MONTGOMERY SANSOME LP and LEONARD NORDEMAN. If called as a witness, I could
24 competently testify to the matters set forth herein of my own personal
25 knowledge except those matter declared in information and belief and as to
26 those matters, I believe them to be true.
27 2. True and correct copies from the reporters transcript of the
28 testimony of Bret Brandanini are attached to this declaration, marked
"Exhibit A".
[S~~~ of pleading] — 1
True and correct copies from the deposition of Bret Brandanini
2 are attached to this declaration marked "Exhibit B".
3 4. A true and correct copy of the Review posted in Yelp by
4 Defendant, SOHYL NAHALLATI is attached to this declaration marked "Exhibit
5 Cll
6 5. A true and correct copy of the Jury Instruction ¹1705 containing
7 the statement "They are trying to milk my clients for everything they can" is
8 attached to the declaration marked "Exhibit D".
9 I declare under penalty of perjury under the laws of the State of
10 California that the foregoing is true and correct. Executed is San
11 Francisco, California.
12 Dated: January 17, 2013.
13 Tr N. Tumlin
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[Summary of p1~
To: savlmahallatievahoo.corn
Sent: Monday, November 14, 2011 3:15. PM
Subject: Message from Yelp HQ [354595]
NOV 14, 2011
I03:15PM PST
Hi Sayl.
Thanks for wring. As you probably already know, we look to reviewers to write honestly and stand
behind their reviews, and we look to businesses
to engage
constructively
with customers It's disappointing to hear that may not bs enough
who haven't had a positive experience. in your situation.
To be clear, we don't take this issue You can also look st some of the free resources
lightly and you should speak to your attorney about how to proceed. below:
Electronic Frontier Foundation
1. ihttodlwww.eff.oro)
Antin
up to the
~i/a
Momentum
M
for ental ealth job site drunk.
To establish this claim, Montgomery Sansome LP and Leonard A. Nordeman must prove all of
the following:
Liability
1. That Sohyl Mahallati made one or more of the statements to persons other than
Montgomery Sansome LP and Leonard A. Nordeman;
2. That these people reasonably understood that the statements were about Montgomery
Sansome LP and Leonard A. Nordeman;
3. That because of the facts and circumstances known to the listener and the readers of
the statements, they tended to injure Montgomery Sansome LP and Leonard A.
Nordeman in their occupation or to expose them to hatred, contempt, ridicule, or
shame or to discourage others from associating or dealing with them;
PROOF OF SERVICE
I, Tracy N. Tumlin, declare:
Iam over the age of 18 years and not a party to the within action; I am employed in the
County of San Francisco, State of California and my business address is 331 Arguello Blvd., San
Francisco, California, 94118. On the date entered below, I served the following documents:
DECLARATION OF TRACY N. TUMLIN IN SUPPORT OF MOTIONS BY PLAINTIFFS MONTGOMERY
SANSOME LP and LEONARD NORDEMAN FOR JUDGMENT NOTWITHSTANDINGTHE VERDICT
AND FOR NEW TRIAL
PLAINTIFFS MONTGOMERY SANSOME LP and LEONARD NORDEMAN'S MEMORANDUMOF
POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR NEW TRIAL
X By mail (CCP 1013A & 2015.5): Iplaced a true and correct copy of the foregoing
document, addressed to the following party(IES) listed below or on the Service List, in asealed
envelope, with the United States Postal Service in the City of San Francisco, California.
By Electronic Service: A true copy of the aforementioned document was
transmitted via electronic transmission to the party listed below. I did not receive, within a
reasonable time after the transmission, any electronic message or other indication that the
transmission was unsuccessful. The time, date, and electronic notification address of the
person served is reflected on said transmission report.
THE BIERNAT LAW GROUP
JAMES D. BIERNAT
1633 Bayshore Hwy
Burlingame, CA 94010
Ideclare under penalty of perjury in accordance with the laws of the State of California
that the foregoing is true and correct, and that this document was executed in San Francisco,
California, on January 18, 2013
Tra .Tumlin
PROOF OF SERVICE
I,Tracy N. Tumlin, declare:
Iam over the age of 18 years and not a party to the within action; I am employed in the
County of San Francisco, State of California and my business address is 331 Arguello Blvd., San
Francisco, California, 94118. On the date entered below, I served the following documents:
DECLARATION OF TRACY N. TUMLIN IN SUPPORT OF MOTIONS BY PLAINTIFFS MONTGOMERY
SANSOME LP and LEONARD NORDEMAN FOR JUDGMENT NOTWITHSTANDINGTHE VERDICT
AND FOR NEW TRIAL
PLAINTIFFS MONTGOMERY SANSOME LP and LEONARD NORDEMAN'S MEMORANDUMOF
POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR NEW TRIAL AND JUDGMENT
NOTWITHSTANDINGTHE VERDICT
X By mail (CCP 1013A & 2015.5): Iplaced a true and correct copy of the foregoing
document, addressed to the following party(IES) listed below or on the Service List, in asealed
envelope, with the United States Postal Service in the City of San Francisco, California.
By Electronic Service: A true copy of the aforementioned document was
transmitted via electronic transmission to the party listed below. I did not receive, within a
reasonable time after the transmission, any electronic message or other indication that the
transmission was unsuccessful. The time, date, and electronic notification address of the
person served is reflected on said transmission report.
THE BIERNAT IAW GROUP
JAMES D. BIERNAT
1633 Bayshore Hwy
Burlingame, CA 94010
I declare under penalty of perjury in accordance with the laws of the State of California
that the foregoing is true and correct, and that this document was executed in San Francisco,
California, on January 18, 2013
Tra .Tumlin
Preview
1 Traoy N. Tumlin, (State Bar No.38877) 331 Arguello Blvd 2 San francisco, CA 94118 808-345-7192 3 Attorney for Plaintiff' LEOMABD NORDQQS 4 MONTGOMERY SANSQMB ~PSHOr CS Qlf 4 By 'EPUTY~ (0 SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF SAN MATEO s LEONARD A. NORDEMAN;MONTGOMERY Case No.: CIV 508839 ) SANSOME LP, DECLARATION OF TRACY N. TUMLIN IN SUPPORT OF 10 Plaintiffs, MOTIONS BY PLAINTIFFS MONTGOMERY SANSQME LP and 11 vs. LEOIQQtD NORDEWiR FOR JUDGMENT NOTWITHSTANDING ARCH CONSTRUCTION,SAYL THE VRHtDICT AND FOR NEW TRIAL MAHALLATI, NASSER MAHALLATI and ) Does 1-100, ) ( CCP section 629) ) 15 Defendants ) ) 16 ) 17 Judge: Honorable Gerald J. Buchwald 18 Date: to be assigned 19 Time: to be assigned 20 I TRACY N. TUMLIN, declare as follows: 21 l. I am an attorney licensed to practice law in the Courts of the 22 State of California and the attorney of record herein for Plaintiffs, 23 MONTGOMERY SANSOME LP and LEONARD NORDEMAN. If called as a witness, I could 24 competently testify to the matters set forth herein of my own personal 25 knowledge except those matter declared in information and belief and as to 26 those matters, I believe them to be true. 27 2. True and correct copies from the reporters transcript of the 28 testimony of Bret Brandanini are attached to this declaration, marked "Exhibit A". [S~~~ of pleading] — 1 True and correct copies from the deposition of Bret Brandanini 2 are attached to this declaration marked "Exhibit B". 3 4. A true and correct copy of the Review posted in Yelp by 4 Defendant, SOHYL NAHALLATI is attached to this declaration marked "Exhibit 5 Cll 6 5. A true and correct copy of the Jury Instruction ¹1705 containing 7 the statement "They are trying to milk my clients for everything they can" is 8 attached to the declaration marked "Exhibit D". 9 I declare under penalty of perjury under the laws of the State of 10 California that the foregoing is true and correct. Executed is San 11 Francisco, California. 12 Dated: January 17, 2013. 13 Tr N. Tumlin 14 15 16 17 18 19 20 21 22 23 25 26 27 28 [Summary of p1~ To: savlmahallatievahoo.corn Sent: Monday, November 14, 2011 3:15. PM Subject: Message from Yelp HQ [354595] NOV 14, 2011 I03:15PM PST Hi Sayl. Thanks for wring. As you probably already know, we look to reviewers to write honestly and stand behind their reviews, and we look to businesses to engage constructively with customers It's disappointing to hear that may not bs enough who haven't had a positive experience. in your situation. To be clear, we don't take this issue You can also look st some of the free resources lightly and you should speak to your attorney about how to proceed. below: Electronic Frontier Foundation 1. ihttodlwww.eff.oro) Antin up to the ~i/a Momentum M for ental ealth job site drunk. To establish this claim, Montgomery Sansome LP and Leonard A. Nordeman must prove all of the following: Liability 1. That Sohyl Mahallati made one or more of the statements to persons other than Montgomery Sansome LP and Leonard A. Nordeman; 2. That these people reasonably understood that the statements were about Montgomery Sansome LP and Leonard A. Nordeman; 3. That because of the facts and circumstances known to the listener and the readers of the statements, they tended to injure Montgomery Sansome LP and Leonard A. Nordeman in their occupation or to expose them to hatred, contempt, ridicule, or shame or to discourage others from associating or dealing with them; PROOF OF SERVICE I, Tracy N. Tumlin, declare: Iam over the age of 18 years and not a party to the within action; I am employed in the County of San Francisco, State of California and my business address is 331 Arguello Blvd., San Francisco, California, 94118. On the date entered below, I served the following documents: DECLARATION OF TRACY N. TUMLIN IN SUPPORT OF MOTIONS BY PLAINTIFFS MONTGOMERY SANSOME LP and LEONARD NORDEMAN FOR JUDGMENT NOTWITHSTANDINGTHE VERDICT AND FOR NEW TRIAL PLAINTIFFS MONTGOMERY SANSOME LP and LEONARD NORDEMAN'S MEMORANDUMOF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR NEW TRIAL X By mail (CCP 1013A & 2015.5): Iplaced a true and correct copy of the foregoing document, addressed to the following party(IES) listed below or on the Service List, in asealed envelope, with the United States Postal Service in the City of San Francisco, California. By Electronic Service: A true copy of the aforementioned document was transmitted via electronic transmission to the party listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. The time, date, and electronic notification address of the person served is reflected on said transmission report. THE BIERNAT LAW GROUP JAMES D. BIERNAT 1633 Bayshore Hwy Burlingame, CA 94010 Ideclare under penalty of perjury in accordance with the laws of the State of California that the foregoing is true and correct, and that this document was executed in San Francisco, California, on January 18, 2013 Tra .Tumlin PROOF OF SERVICE I,Tracy N. Tumlin, declare: Iam over the age of 18 years and not a party to the within action; I am employed in the County of San Francisco, State of California and my business address is 331 Arguello Blvd., San Francisco, California, 94118. On the date entered below, I served the following documents: DECLARATION OF TRACY N. TUMLIN IN SUPPORT OF MOTIONS BY PLAINTIFFS MONTGOMERY SANSOME LP and LEONARD NORDEMAN FOR JUDGMENT NOTWITHSTANDINGTHE VERDICT AND FOR NEW TRIAL PLAINTIFFS MONTGOMERY SANSOME LP and LEONARD NORDEMAN'S MEMORANDUMOF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR NEW TRIAL AND JUDGMENT NOTWITHSTANDINGTHE VERDICT X By mail (CCP 1013A & 2015.5): Iplaced a true and correct copy of the foregoing document, addressed to the following party(IES) listed below or on the Service List, in asealed envelope, with the United States Postal Service in the City of San Francisco, California. By Electronic Service: A true copy of the aforementioned document was transmitted via electronic transmission to the party listed below. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. The time, date, and electronic notification address of the person served is reflected on said transmission report. THE BIERNAT IAW GROUP JAMES D. BIERNAT 1633 Bayshore Hwy Burlingame, CA 94010 I declare under penalty of perjury in accordance with the laws of the State of California that the foregoing is true and correct, and that this document was executed in San Francisco, California, on January 18, 2013 Tra .Tumlin