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(10/97)
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA Dept. No. 512
Date: June 12, 2007 Hon. Barbara J. Miller, Judge Fran Hyatt, Dep.Clk.
Thomas Hemmer FILED
ALAMEDA CC ws
Plaintiff AMEO® COUNT
VS. JUN 12 2007
Suburban Auto Brokers, Inc. CLERK OF THE SUPERIOR COURT
: By atk Zp
Defendant ‘ Deputy
NATURE OF PROCEEDINGS: Order re: Decision of Court No. HG05214517
Submitted: March 16, 2007
Decision: June 11, 2007
HEMMER v. SUBURBAN AUTO BROKERS, INC. et al,Case No. HG05214517
After a two-day court trialon March 13-14, 2007, this case was submitted
for decision effective March 16, 2007 upon the filing of supplemental letter briefs by each side
to address Plaintiff's oral motion to add a new cause of action under the Rees-Levering Motor
Vehicle Sales and Finance Act, Civil Code Sections 2981 et seq. The court hereby grants that
motion and amends the Second Amended Complaint to include this allegation as a new Fourth
Cause of Action.
In addition to the Second Amended Compiaint, Plaintiff also filed a Cross
Complaint for Damages on November 16, 2005, including another cause of action for
Conversion. Also, on August 19, 2005, Defendants filed aCross Complaint for Breach of
Contract and for Unpaid Storage Charges.
The Court now rules as follows on all issues raised under these pleadings:
1. Second Amended Complaint: First and Second Causes of Action
The First and Second Causes of Action allege Fraud in the Inducement and
Negligent Misrepresentation, respectively. The Court hereby finds that Plaintiff failed
to prove by a preponderance of the evidence that Defendants knew or should have known
that the transmission shifter on the Passat was defective. The evidence is undisputed that
Plaintiff came to Defendant dealership, test drove the vehicle, went home and looked at other
vehicles for sale on the internet, and then returned a few days later on November 3, 2004 to
purchase the auto.
It is also undisputed that Plaintiff negotiated a price reduction because of a problem he
noticed with the flap on the gas cap. The “Buyer's Guide” (Exhibit 6), which was signed by
Plaintiff, clearly indicates the sale is “As Is—No Warranty” and goes on to state that “YOU WILL
PAY ALL COSTS FOR ANY REPAIRS. The Dealer assumes no responsibility for any repairs
regardless of any oral statements about this vehicle.” Plaintiff could have requested an
independent inspection by a mechanic of his choice, but did not. In addition, Plaintiff could have
purchased a Service Contract for “implied warranties” as explained in Exhibit 6, but did not.
Plaintiff first noticed a problem with the transmission shifter during the drive home
from the dealership in Hayward, CA (Alameda County) to his residence in Felton, CA (Santa
Cruz County) when he got to “the first curve in the Santa Cruz mountains.” The Court on its own
motion takes judicial notice that the distance from the dealership to Plaintiffs residence is 57.62
miles, with an estimated driving time of 1 hour, 8 minutes. (See attached copy of directions and
map obtained from MapQuest.) The firstcurve in the mountains (Hwy 17) would occur
approximately three-quarters of the way through the trip, which would be after driving for 45
miles or 50 minutes.
Plaintiff's testimony is consistent with the testimony offered by the Defendants
regarding their experience with the Passat. Defendant Afzal Akbar purchased the vehicle on
August 5, 2004 from ADESA Golden Gate, a wholesale dealership in Tracy, CA. The vehicle
was marked on the documentation as “Green Light” (Exhibit 2), which means ithad been
checked and found to be mechanically sound by ADESA’s mechanic. The vehicle was then
driven by an employee of the Defendant dealership from Tracy, CA to Hayward, CA, a distance
of 36.28 miles according to MapQuest (see attached). Mr. Akbar testified that no one reported a
problem with the transmission shifter. Subsequently, Defendant dealership conducted their own
safety inspection of the vehicle and did not note any problem with the shifter.
2. Second Amended Complaint: Third Cause of Action
Plaintiff alleges Defendants violated the Consumer Legal Remedies Act (CLRA),
specifically Civil Code Sections 1770(a)(5), (7), (14) and (16), all involving some form of
misrepresentation regarding the true mechanical condition of the vehicle. For the same reasons
articulated above, the Court finds Petitioner has failed to prove such allegations by a
preponderance of the evidence.
Plaintiff also alleges a separate violation of Civil Code Section 1770(a)(14)
regarding the calculation of the registration fee. The Court heard extensive testimony regarding
this issue at trial,and finds the Defendants had no intent to misrepresent the amount of the fee,
they made a good faith calculation of the amount due and owing, and they subsequently sent
Plaintiff a full refund for the excess amount.
3. Second Amended Complaint: Fourth Cause of Action
At the conclusion of the trial, Plaintiff attempted to invoke the Rees-Levering Act
(Civil Code Sections 2981 et seq) because the Defendants inappropriately used a Retail
hemmer v suburban 6-12-07 2
Installment Sale Contract form for what was in fact acash sale. (See Exhibit 5) However, the
provisions of this Act apply only to “a conditional sale contract” as defined in Civil Code Section
2981(a), and not to a cash sale. Neither party disputes this was a cash sale. The
uncontroverted testimony of Keith Akbar is that use of the installment contract form was a
mistake. Plaintiff cites no relevant authority to bring such a transaction within the scope of the
Rees-Levering Act. Accordingly, relief under this Act is denied.
4. Plaintiffs Cross Complaint for Damages
Plaintiff alleges damages for Conversion of his vehicle. Again, the Court finds that
Plaintiff has failed to prove this allegation by a preponderance of the evidence, particularly the
element that possession of the vehicle by Defendants was without the consent of the Plaintiff.
Almost one month after he purchased the Passat and after driving itfor more than 1700 miles,
Plaintiff returned the vehicle to the Defendants and requested a refund of his purchase price.
After some negotiations, Plaintiff did consent to have the transmission shifter repaired by Dublin
Volkswagen. (See Exhibit 11.) The preponderance of the evidence indicates that Plaintiff and
Defendants would share equally the cost of the repairs, but Plaintiff believed the amount he
owed was limited to $585. After the repairs were made, Defendants paid the entire sum of
$2,046.61 to Dublin Volkswagen, brought the vehicle back to their dealership and invited
Plaintiff to pick it up, which he never did. Subsequently, Defendants stored the vehicle at Bay
European Star after they went out of business, and although Plaintiff at some point picked up
the Passat, he never paid the one-half amount owed to Defendants ($1,023.30).
5. Defendants’ Cross Complaint
Defendants have proven by a preponderance of the evidence that the parties had
an agreement to have the transmission shifter repaired by Dublin Volkswagen and to split the
cost equally. Accordingly, Plaintiff owes the sum of $1,023.30 to Defendants, plus interest at the
legal rate.
Defendants have asserted storage costs owed by Plaintiff, but introduced no
evidence to support they incurred such expenses on behalf of Plaintiff, and accordingly that
request is denied.
The Court hereby requests that Defendants’ counsel prepare a formal judgment in
conformity with this decision, forward itto Plaintiffs counsel for approval as to form, and submit
itto the Court for execution. IfPlaintiffs counsel does not respond within five (5) court days,
then Defendants’ counsel can submit the judgment directly(to the Court for signature.
Signature: Pl iKA, | lull,
“~ Barbara J. Miller
hemmer v suburban 6-12-07 3
a Driving Directions from 24900 Mission Blvd, Hayward, CA to 585 Redwood Rd, Felton, ... Page 1 of 2
Start: 24900 Mission Blvd ‘SUMMER
$ fal
FARE
$
SALE
Hayward, CA 94544-2513, US
End: 585 Redwood Rd et ov ieee 1
Felton, CA 95018-9520, US
One-way. Purchase by June 14th.
XNravel begins July 31st.
Notes:
Directions Distance
Total Est. Time: 1 hour, 8 minutes Total Est. Distance: 57.62 miles
1: Start out going SOUTHEAST on MISSION BLVD / CA-238 toward <0.1 miles
CARLOS BEE BLVD.
2: Turn RIGHT onto ORCHARD AVE. 0.5 miles
3: Turn RIGHT onto SOTO RD. 0.2 miles
4: Turn LEFT onto JACKSON ST / CA-92. Continue to follow CA-92 W. 1.0 miles
aes 5: Merge onto I-880 S toward SAN JOSE. 27.2 miles
Q 6: I-880 S becomes CA-17 S. 22.9 miles
EXIT 7: Take the MT HERMON ROAD exit. 0.1 miles
a
&) 8: Turn RIGHT onto MT HERMON RD. 3.5 miles
9: Turn SLIGHT RIGHT onto GRAHAM HILL RD. 0.1 miles
é 10: Turn LEFT onto CA-9. 1.2 miles
an 11: Turn RIGHT onto LAKEVIEW DR. 0.1 miles
a4
12: Turn LEFT onto REDWOOD RD. 0.3 miles
“7
F eno| 13: End at 585 Redwood Rd
Felton, CA 95018-9520, US
Total Est. Time: 1 hour, 8 minutes Total Est. Distance: 57.62 miles
http://www.mapquest.com/directions/main.adp?do=prt&mo=ma&2si=navt& 1 gi=ZHLkIb.... 6/11/2007
Driving Directions from 24900 Mission Blvd, Hayward, CA to 585 Redwood Rd, Felton, ... Page 2 of 2
Start: End:
24900 Mission Blvd 585 Redwood Rd
Hayward, CA 94544-2513, US Felton, CA 95018-9520, US
Allrights reserved. Use Subject to License/Copyright
These directionsareinformational only.No representationismade or warranty givenas to theircontent,road
conditionsor routeusabilityorexpeditiousness. Userassumes allriskofuse. MapQuest and itssuppliersassume no
responsibility
forany lossor delay resulting
from such use.
http://www.mapquest.com/directions/main.adp?do=prt&mo=ma&2si=navt&1gi=ZHLkIb... 6/11/2007
Driving Directions from 18501 Stanford Rd, Tracy, CA to 24900 Mission Blvd, Hayward... Page 1 of 2
Start: 18501 Stanford Rd
Tracy, CA 95377-9708, US
End: 24900 Mission Blvd
Hayward, CA 94544-2513, US One- -way. Purchase by June 14th.
‘Travel begins July 31st.
Notes:
Directions Distance
Total Est. Time: 39 minutes Total Est. Distance: 36.28 miles
1: Start out going EAST on BERKELEY RD / STANFORD RD toward 0.3 miles
on MOUNTAIN HOUSE PKWY.
ZN 2: Turn RIGHT onto MOUNTAIN HOUSE PKWY. 0.6 miles
>
7
& 3: Merge onto I-580 W. 32.0 miles
EGE 4: Take the STROBRIDGE AVENUE exit- EXIT 35. 0.2 miles
EXIT
#
Fen 5: Turn RIGHT onto STROBRIDGE AVE. 0.1 miles
cm?
Sy
6: Turn LEFT onto CASTRO VALLEY BLVD. 0.4 miles
7: Turn LEFT onto FOOTHILL BLVD /CA-238 S. Continue to follow CA-238 2.3 miles
Ss.
8: End at 24900 Mission Blvd
Hayward, CA 94544-2513, US
Total Est. Time: 39 minutes Total Est. Distance: 36.28 miles
http://www.mapquest.com/directions/main.adp?do=prt&mo=maé&2si=navi& lgi=ZHLkIb... 6/11/2007
Driving Directions from 18501 Stanford Rd, Tracy, CA to 24900 Mission Blvd, Hayward... Page 2 of 2
End:
18501 Stanford Rd 24900 Mission Bivd
Tracy, CA 95377-9708, US Hayward, CA 94544-2513, US
© 2007:MapQuest:
Allrights reserved. Use Subject to License/Copyright
These directionsare informationalonly.No representationismade or warranty givenas to theircontent,road
conditionsor routeusabilityorexpeditiousness. Userassumes allriskofuse. MapQuest and itssuppliersassume no
responsibility
forany lossor delay resultingfrom such use.
http://www.mapquest.com/directions/main.adp?do=prt&mo=ma&2si=navt& 1 gi=ZHLkIb... 6/11/2007
CLERK’S CERTIFICATE OF MAILING
CASE NO: HG05214517
CASE NAME: Hemmer v. Suburban
I certifythat| am not a partyto thisaction and thiscorrespondence was mailed firstclass,prepaid postage,
in asealed envelope tothe partiesat theaddresses shown below. The mailing and thiscertificationoccurred
atthe place and on the date shown below:
SCOTT KAUFMAN
Attorney at Law
1400 Coleman Avenue, Suite F-21
Santa Clara, California 95050
EDWARD MATHEWSON
Attorney at Law
| 152 North Third Street,Suite 501 |
San Jose, California 95113
KEITH AKBAR
491 Carillo Court
San Ramon, California 94583
Place of mailing: Hayward, CA
Date of mail) e: June 13,2007
yp Lae J LT ~,Deputy Clerk
/ “FRAN HYATS#
Preview
e e Oe wun *5 (10/97) SUPERIOR COURT OF CALIFORNIA, COUNTY OF ALAMEDA Dept. No. 512 Date: June 12, 2007 Hon. Barbara J. Miller, Judge Fran Hyatt, Dep.Clk. Thomas Hemmer FILED ALAMEDA CC ws Plaintiff AMEO® COUNT VS. JUN 12 2007 Suburban Auto Brokers, Inc. CLERK OF THE SUPERIOR COURT : By atk Zp Defendant ‘ Deputy NATURE OF PROCEEDINGS: Order re: Decision of Court No. HG05214517 Submitted: March 16, 2007 Decision: June 11, 2007 HEMMER v. SUBURBAN AUTO BROKERS, INC. et al,Case No. HG05214517 After a two-day court trialon March 13-14, 2007, this case was submitted for decision effective March 16, 2007 upon the filing of supplemental letter briefs by each side to address Plaintiff's oral motion to add a new cause of action under the Rees-Levering Motor Vehicle Sales and Finance Act, Civil Code Sections 2981 et seq. The court hereby grants that motion and amends the Second Amended Complaint to include this allegation as a new Fourth Cause of Action. In addition to the Second Amended Compiaint, Plaintiff also filed a Cross Complaint for Damages on November 16, 2005, including another cause of action for Conversion. Also, on August 19, 2005, Defendants filed aCross Complaint for Breach of Contract and for Unpaid Storage Charges. The Court now rules as follows on all issues raised under these pleadings: 1. Second Amended Complaint: First and Second Causes of Action The First and Second Causes of Action allege Fraud in the Inducement and Negligent Misrepresentation, respectively. The Court hereby finds that Plaintiff failed to prove by a preponderance of the evidence that Defendants knew or should have known that the transmission shifter on the Passat was defective. The evidence is undisputed that Plaintiff came to Defendant dealership, test drove the vehicle, went home and looked at other vehicles for sale on the internet, and then returned a few days later on November 3, 2004 to purchase the auto. It is also undisputed that Plaintiff negotiated a price reduction because of a problem he noticed with the flap on the gas cap. The “Buyer's Guide” (Exhibit 6), which was signed by Plaintiff, clearly indicates the sale is “As Is—No Warranty” and goes on to state that “YOU WILL PAY ALL COSTS FOR ANY REPAIRS. The Dealer assumes no responsibility for any repairs regardless of any oral statements about this vehicle.” Plaintiff could have requested an independent inspection by a mechanic of his choice, but did not. In addition, Plaintiff could have purchased a Service Contract for “implied warranties” as explained in Exhibit 6, but did not. Plaintiff first noticed a problem with the transmission shifter during the drive home from the dealership in Hayward, CA (Alameda County) to his residence in Felton, CA (Santa Cruz County) when he got to “the first curve in the Santa Cruz mountains.” The Court on its own motion takes judicial notice that the distance from the dealership to Plaintiffs residence is 57.62 miles, with an estimated driving time of 1 hour, 8 minutes. (See attached copy of directions and map obtained from MapQuest.) The firstcurve in the mountains (Hwy 17) would occur approximately three-quarters of the way through the trip, which would be after driving for 45 miles or 50 minutes. Plaintiff's testimony is consistent with the testimony offered by the Defendants regarding their experience with the Passat. Defendant Afzal Akbar purchased the vehicle on August 5, 2004 from ADESA Golden Gate, a wholesale dealership in Tracy, CA. The vehicle was marked on the documentation as “Green Light” (Exhibit 2), which means ithad been checked and found to be mechanically sound by ADESA’s mechanic. The vehicle was then driven by an employee of the Defendant dealership from Tracy, CA to Hayward, CA, a distance of 36.28 miles according to MapQuest (see attached). Mr. Akbar testified that no one reported a problem with the transmission shifter. Subsequently, Defendant dealership conducted their own safety inspection of the vehicle and did not note any problem with the shifter. 2. Second Amended Complaint: Third Cause of Action Plaintiff alleges Defendants violated the Consumer Legal Remedies Act (CLRA), specifically Civil Code Sections 1770(a)(5), (7), (14) and (16), all involving some form of misrepresentation regarding the true mechanical condition of the vehicle. For the same reasons articulated above, the Court finds Petitioner has failed to prove such allegations by a preponderance of the evidence. Plaintiff also alleges a separate violation of Civil Code Section 1770(a)(14) regarding the calculation of the registration fee. The Court heard extensive testimony regarding this issue at trial,and finds the Defendants had no intent to misrepresent the amount of the fee, they made a good faith calculation of the amount due and owing, and they subsequently sent Plaintiff a full refund for the excess amount. 3. Second Amended Complaint: Fourth Cause of Action At the conclusion of the trial, Plaintiff attempted to invoke the Rees-Levering Act (Civil Code Sections 2981 et seq) because the Defendants inappropriately used a Retail hemmer v suburban 6-12-07 2 Installment Sale Contract form for what was in fact acash sale. (See Exhibit 5) However, the provisions of this Act apply only to “a conditional sale contract” as defined in Civil Code Section 2981(a), and not to a cash sale. Neither party disputes this was a cash sale. The uncontroverted testimony of Keith Akbar is that use of the installment contract form was a mistake. Plaintiff cites no relevant authority to bring such a transaction within the scope of the Rees-Levering Act. Accordingly, relief under this Act is denied. 4. Plaintiffs Cross Complaint for Damages Plaintiff alleges damages for Conversion of his vehicle. Again, the Court finds that Plaintiff has failed to prove this allegation by a preponderance of the evidence, particularly the element that possession of the vehicle by Defendants was without the consent of the Plaintiff. Almost one month after he purchased the Passat and after driving itfor more than 1700 miles, Plaintiff returned the vehicle to the Defendants and requested a refund of his purchase price. After some negotiations, Plaintiff did consent to have the transmission shifter repaired by Dublin Volkswagen. (See Exhibit 11.) The preponderance of the evidence indicates that Plaintiff and Defendants would share equally the cost of the repairs, but Plaintiff believed the amount he owed was limited to $585. After the repairs were made, Defendants paid the entire sum of $2,046.61 to Dublin Volkswagen, brought the vehicle back to their dealership and invited Plaintiff to pick it up, which he never did. Subsequently, Defendants stored the vehicle at Bay European Star after they went out of business, and although Plaintiff at some point picked up the Passat, he never paid the one-half amount owed to Defendants ($1,023.30). 5. Defendants’ Cross Complaint Defendants have proven by a preponderance of the evidence that the parties had an agreement to have the transmission shifter repaired by Dublin Volkswagen and to split the cost equally. Accordingly, Plaintiff owes the sum of $1,023.30 to Defendants, plus interest at the legal rate. Defendants have asserted storage costs owed by Plaintiff, but introduced no evidence to support they incurred such expenses on behalf of Plaintiff, and accordingly that request is denied. The Court hereby requests that Defendants’ counsel prepare a formal judgment in conformity with this decision, forward itto Plaintiffs counsel for approval as to form, and submit itto the Court for execution. IfPlaintiffs counsel does not respond within five (5) court days, then Defendants’ counsel can submit the judgment directly(to the Court for signature. Signature: Pl iKA, | lull, “~ Barbara J. Miller hemmer v suburban 6-12-07 3 a Driving Directions from 24900 Mission Blvd, Hayward, CA to 585 Redwood Rd, Felton, ... Page 1 of 2 Start: 24900 Mission Blvd ‘SUMMER $ fal FARE $ SALE Hayward, CA 94544-2513, US End: 585 Redwood Rd et ov ieee 1 Felton, CA 95018-9520, US One-way. Purchase by June 14th. XNravel begins July 31st. Notes: Directions Distance Total Est. Time: 1 hour, 8 minutes Total Est. Distance: 57.62 miles 1: Start out going SOUTHEAST on MISSION BLVD / CA-238 toward <0.1 miles CARLOS BEE BLVD. 2: Turn RIGHT onto ORCHARD AVE. 0.5 miles 3: Turn RIGHT onto SOTO RD. 0.2 miles 4: Turn LEFT onto JACKSON ST / CA-92. Continue to follow CA-92 W. 1.0 miles aes 5: Merge onto I-880 S toward SAN JOSE. 27.2 miles Q 6: I-880 S becomes CA-17 S. 22.9 miles EXIT 7: Take the MT HERMON ROAD exit. 0.1 miles a &) 8: Turn RIGHT onto MT HERMON RD. 3.5 miles 9: Turn SLIGHT RIGHT onto GRAHAM HILL RD. 0.1 miles é 10: Turn LEFT onto CA-9. 1.2 miles an 11: Turn RIGHT onto LAKEVIEW DR. 0.1 miles a4 12: Turn LEFT onto REDWOOD RD. 0.3 miles “7 F eno| 13: End at 585 Redwood Rd Felton, CA 95018-9520, US Total Est. Time: 1 hour, 8 minutes Total Est. Distance: 57.62 miles http://www.mapquest.com/directions/main.adp?do=prt&mo=ma&2si=navt& 1 gi=ZHLkIb.... 6/11/2007 Driving Directions from 24900 Mission Blvd, Hayward, CA to 585 Redwood Rd, Felton, ... Page 2 of 2 Start: End: 24900 Mission Blvd 585 Redwood Rd Hayward, CA 94544-2513, US Felton, CA 95018-9520, US Allrights reserved. Use Subject to License/Copyright These directionsareinformational only.No representationismade or warranty givenas to theircontent,road conditionsor routeusabilityorexpeditiousness. Userassumes allriskofuse. MapQuest and itssuppliersassume no responsibility forany lossor delay resulting from such use. http://www.mapquest.com/directions/main.adp?do=prt&mo=ma&2si=navt&1gi=ZHLkIb... 6/11/2007 Driving Directions from 18501 Stanford Rd, Tracy, CA to 24900 Mission Blvd, Hayward... Page 1 of 2 Start: 18501 Stanford Rd Tracy, CA 95377-9708, US End: 24900 Mission Blvd Hayward, CA 94544-2513, US One- -way. Purchase by June 14th. ‘Travel begins July 31st. Notes: Directions Distance Total Est. Time: 39 minutes Total Est. Distance: 36.28 miles 1: Start out going EAST on BERKELEY RD / STANFORD RD toward 0.3 miles on MOUNTAIN HOUSE PKWY. ZN 2: Turn RIGHT onto MOUNTAIN HOUSE PKWY. 0.6 miles > 7 & 3: Merge onto I-580 W. 32.0 miles EGE 4: Take the STROBRIDGE AVENUE exit- EXIT 35. 0.2 miles EXIT # Fen 5: Turn RIGHT onto STROBRIDGE AVE. 0.1 miles cm? Sy 6: Turn LEFT onto CASTRO VALLEY BLVD. 0.4 miles 7: Turn LEFT onto FOOTHILL BLVD /CA-238 S. Continue to follow CA-238 2.3 miles Ss. 8: End at 24900 Mission Blvd Hayward, CA 94544-2513, US Total Est. Time: 39 minutes Total Est. Distance: 36.28 miles http://www.mapquest.com/directions/main.adp?do=prt&mo=maé&2si=navi& lgi=ZHLkIb... 6/11/2007 Driving Directions from 18501 Stanford Rd, Tracy, CA to 24900 Mission Blvd, Hayward... Page 2 of 2 End: 18501 Stanford Rd 24900 Mission Bivd Tracy, CA 95377-9708, US Hayward, CA 94544-2513, US © 2007:MapQuest: Allrights reserved. Use Subject to License/Copyright These directionsare informationalonly.No representationismade or warranty givenas to theircontent,road conditionsor routeusabilityorexpeditiousness. Userassumes allriskofuse. MapQuest and itssuppliersassume no responsibility forany lossor delay resultingfrom such use. http://www.mapquest.com/directions/main.adp?do=prt&mo=ma&2si=navt& 1 gi=ZHLkIb... 6/11/2007 CLERK’S CERTIFICATE OF MAILING CASE NO: HG05214517 CASE NAME: Hemmer v. Suburban I certifythat| am not a partyto thisaction and thiscorrespondence was mailed firstclass,prepaid postage, in asealed envelope tothe partiesat theaddresses shown below. The mailing and thiscertificationoccurred atthe place and on the date shown below: SCOTT KAUFMAN Attorney at Law 1400 Coleman Avenue, Suite F-21 Santa Clara, California 95050 EDWARD MATHEWSON Attorney at Law | 152 North Third Street,Suite 501 | San Jose, California 95113 KEITH AKBAR 491 Carillo Court San Ramon, California 94583 Place of mailing: Hayward, CA Date of mail) e: June 13,2007 yp Lae J LT ~,Deputy Clerk / “FRAN HYATS#