Preview
+ SEP-27-2005 TUE 12:15 PM HANCOCK ROTHERT BUNSHOFT
rv. tgs 259 NNN
F
ALAMEDA COUNTY
WILLIAM J. CASEY (SBN 116531)
SEP27 2005
ANDREW G. WANGER (SBN 166449) CLERK OF THE SUPERIOR COURT
CHRISTINA C. MARSHALL (SBN 209315) r@) a
HANCOCK ROTIIERT & BUNSITOFT LLP
~* he Pen
athen ifitvm
bsv4
Four Embarcadero Center, Suite 300
CERUTY
San Francisco, Califomia 94111-4168
‘Telephone: (415) 981-5550
Facsimile; (415) 955-2599
Attorneys for Defendants MICHAEL GUA, JOHN LE.HILL
and LAW OFFICES OF JOUN E. WILL
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ALAMEDA
10
MICLIIAEL SMITH, CASE
a NO.: RG 04163436
BY FAX
1
Plaintiff, DECLARATION OF ANDREW G.
12 WANGER JIN SUPPORT OF
Vv, OBJECTION TO AND MOTION TO
13 STRIKE PLAINTIFF’S OPPOSITION
JOHN &. HILL, MICHAEL GUTA, TO DEFENDANTS’ MOTION FOR
14 LAW OFFICES OF JOHN E. HILL, and SUMMARY JUDGMENT, OR IN THE
DOES | through 100, inclusive, ALTERNATIVE, SUMMARY
15 ADJUDICATION
Defendants.
16 Date: October 3, 2005
Time: 2:00 p.m.
17 Department; 31
Judge: Hon. Steven A, Brick
18
Action Filed: June 30, 2004
19 Trial Date: November 4,2005
20
I,Andrew G, Wanger, declare:
21
I am an attorney duly licensed to practice in all of the courts of the State of
22
California and am a partner of HANCOCK ROTHERT & BUNSIIOFT LEP, attorneys of record
23
for Defendants MICHAEL GUTA, JOFIN EF.HILL and LAW OFFICES OF JOHN E, HILL
24
(“Defendants”) herein. ‘The following isof my own personal knowledge, and if called as a witness
25
in this matter, [could and would competently testily thereto.
26
1, Attached as [ixhibit A isa (ruc and correct copy of Defendants’ Motion for
27
Summary Judgment Proof of Service dated July 20, 2005.
28
JANGOGK
ROTHERT & CS P1909052.237-007-8
184661} | RG 04163436
BUNGHOFT
LLP.
DECLARATION Ol’ ANDREW G. WANGER IN SUPPORT OF OBJECTION TO ANP MOTION TO STRIKE
zak te OPOST!
FONT RMBARCADEHG
CENICI
TEFEN Bers ON TO DEFENDANTS
ALTERNATIVE,
MOTION
SUMMARY
FOR SUMMARY
ADJUDICATION
JUDGMENT, OR IN THE
© SEP-27-2005 TUE 12:16 PM eo. ROTHERT BUNSHOFT — FAX NO, ‘eo 2599 P, 06
2. At Michacl Guta’s deposition on July 13, 2005, Tadvised Plaintiffs counsel
NH
William leGarmo that Defendants would be filing a motion for summary judgment on July 20,
Ww
2005, Attached asExhibitB is a truc and correct copy of the pertinent excerpt from the July 13,
k.
2005 deposition of Michael Guta, where my discussion with Mr. DeGarmo was recorded.
OM
3. Plaintiff did not serve his opposition papers to Defendants’ motion for
DH
summary judgment until Monday, September 26, 2005, one week aficr the opposition was due.
NN
Yesterday, Plaintif?’s counsel hand-served the opposition ata deposition in this ease. Plainuffs
oF
untimely opposition caused substantial prejudice to Defendants by preventing them from
oOo
10 preparing a substantive reply to the arguments raised in Plaintiffs late-filed opposition.
I ] declare under penalty of perjury under the laws of the State of California that the
12 foregoing is(rue and correct.
13 Executed this 27th day of September, 2005, at San Francisco, California.
4
15
Anddrew Au©. Vi
16
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22
23
24
25
26
27
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VANCOCK
RETIRE
& ISEDOC:2237-007-818466,U1 2 RG 04163436
GUNuMOF
| (4
FOUR EMbAMCAGENG
©) NUH DECLARATION OF ANDREW G. WANGER IN SUPPORT OF OBJECTION TO AND MOTION TO STRIKE
OSH B7 p5 abe
oN
PINTHFF’S OPPOSITION TO DEFENDANTS'
ALTERNATIVE,
MOTION
SUMMARY
FOR SUMMARY
ADJUDICATION
JUDGMENT, OR IN THE
SEP-27-2005 TUE 12:16 PM HANCOCK ROTHERT BUNSHOFT = FAX NO, 's 2599 P, O07
EXHIBIT A
10527270tif - 9127/2005
12:20:06
PM
SEP-27-2005 TUE 12:16 PM e. ROTHERT BUNSHOFT FAX NO. ‘eo 2599 P, 08
WILLIAM J. CASEY (SBN 116531)
ANDREW G. WANGIR (SBN 166449) Bae 20
CHRISTINA C. MARSHALL (SBN 209315) PH 346
HANCOCK ROTHURT & BUNSHOFT LLP . BA on
Vour Lambarcadero Center, Sutie 300 Ling
San Francisco, California 9411}-4168
Telephone: (415) 981-3550 Fhe / UNG
Facsimile: (415) 955-2599
Attorneys for Defendants
MICHALL GOTA, JONN FE. HILT
and LAW OFFICES OF JOHN &. HILL
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF ALAMEDA
MICHAED SMITH, CASL NO.: RG 04163436 -
| Plaintiff,
PROOF OF SERVICE
vy.
JOLIN U. WILL, MICIIAEL GUTA, LAW
OFFICES OF JONN F, HILL, and DOES 1
through 100, inclusive,
16
Defendant.
17 - ~
18 AND RELATED CROSS-ACTION.
nee
19
20
21
22
23
24
TANCE KOTERT
BUNTON
&
TF LLae
{SEDOC:22.47-007-7440042} CV 147233
“CAC
CMGAAE ALLO
CLNILR,
PROOP OF SERVICE
Gee YT tf 12:20:06
PM
» SEP-27-2005 TUE 12:16 PM e. ROTHERT BUNSHOFT = FAX NO, ‘eo 2599 P, 08
'
PROOF OF SERVICE
Smith v. John Bo Hill, Michael Guta, et al.
STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO
Tam employed in the county of aforesaid; Tam over the age of eighteen years and
nota party tothe within entitled action; my business address 1sFour Embareadcro Center, Suite
300, San Francisco, California 941} 1-4168.
wa)
6 On July 20, 2005, Iserved the following document(s) described as
7 DEFENDANTS’? NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT?P,
ORIN THE ALTERNATIVE, SUMMARY ADJUDICATION; MEMORANDUM OF
POINTS AND AUTHORITIES; SEPARATE STATEMENTS; DECLARATION OF
ANDREW G. WANGER
MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS’
10 MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY
ADJUDICATION
11
DECLARATION OF ANDREW G. WANGER IN SUPPORT OF DEFENDANTS’
12 MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY
ADJUDICATION |
13
SEPARATE STATEMENT TN SUPPORT OF DEFENDANTS’? MOTION FOR
14 SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SOMMARY ADJUDICATION
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ MOTION FOR
SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION
16
on the interested party(ics) inthis action by placing truc copies thercof enclosed in scaled
envelopes and/or packages addressed as follows:
Attorneys for Plaintiff Atlorneys for Cross-Defendants
Michael Smith Philip J, Duncan, Duncan & Rainwater
William DeGarmo, Esq. John IT. Feeney, Esq.
McCann & Logue Thomas J,D’Amato
1660 Hamilton Avenue, Suite 203 Murphy, Pearson, Bradicy & Feency
San Jose, CA 95125 88 Kearny Strect, 10th Floor
Yel: (408) 269-8787 San Francisco, CA 94108
Fax: (408) 269-2321 * Tel: (415) 788-1900
Fax: (415) 393-8087
(BY FACSIMILE AND
FEDERAL, EXPRESS) (BY MATT)
>} BY MAIL; [am “readily familtar” with the firm’s practice of collection and
processing correspondence for mailing. Under that practice itwould be deposited
with the U.S. postal service on that same day with postage thercon fully prepaid at
San Francisco, California, tn the ordinary course of business. | an aware that on
motion of the party served, service ispresumed invalid ifpostal cancellation date or
postage meter date ismore than one day afler date of deposit for mailing in
28 affidavit,
VANTOCK
ROTHEKT
DONTE FLL
&
{SFDOC-2237-007-744004.2]
[SEDOC:2044-009-74
1940.4) 2 CV 147233
DUA TMDARCALPRO
CCHTEA
GAM anole,C&OH PROOF OF SERVICE
Oho Ft 9127 0 12:20:06
PH
ROTHERT BUNSHOFT = FAX NO, ” 2599 P, 10
SEP-27-2005 TUE 12:16 PM HANCOCK
BY FEDERAL EXPRESS; [ served such envelope or package to be delivered on
the same day to an authorized courier or driver authorized by Federal Express to
receive documents, in an envelope or package designated by Federal Express.
bo
BY FACSIMILE: [served said document(s) to be transmitted by facsimile al
approximately a.m /p.m. pursuant to Rule 2008 of the California Rules
of Court. ‘The telephone number of the sending facsimile machine was (415) 955-
2599. The name(s) and facsimile machine telephone number(s) of the person(s)
served is listedin the atlached seryice listmarked with a *“*. A transmission
repori was properly issued by the sending facsimile machine, and the transmission
was reported as complete and without error.
STATE: I declare under penalty of perjury under the laws of the Statc of
California that the foregoing is truc and correct,
Executed on July 20, 2005, at San Francisco, California.
10
1}
Cindy Fong = Y V
12
13
14
13_
16
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18
28
MENCOCK
MOTHILAT
&
UNC TUL ISENOC:2237-007-7440042}
(SEDOC:2044-009-74
190.1] 3 ; CV 147233
DUR EMNAKCADY AO CONT
DAMHANGIECA
if
0070 PROOF OF SERVICE
Tathy any aed
108272704 1/2005
- 92 12:20:06
PH
SEP-27-2005 TUE 12:16 PM e. ROTHERT BUNSHOFT = FAX NO, ‘Ss 2599 P, 1
EXHIBIT B
10627270 - $727/2005
12:20:06
PM
BUNSHOFT = FAX NO. ‘oe 2599 | P, {2
SEP-27-2005 TUE 12:16 PM HANCOCK ROTHERT
pet nee eee a een ec ce ce ne an
1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
? TN AND FOR THE COONTY OF ALAMEDA
3 --900---
CERTIFIED
5] MICHAEL SMITH, COPY
6
Plaintift,
7
Va. No. RGO4163436
8
JOHN EL ILL, MICHuAEL GUTA,
3
Law Offices of JOHN B. HIM,
10
and DORKS Ll through 100, inclusive,
Ll
Defendants.
ee be ts neeeen eee /
13
14
15
16 ‘
- 7 DMPOS[TION OF MICHAKL GUTA
18 July 13, 2005
19
20
21
22
13 U.S. LEGAL
Support
24 REPORTED BY; ConifiedShorthand Reparters
180Montpomery Street,
Suite218d
25 CORAL COREY, CSR NO. 10699 San Frinereo, CA 94104
SSN-S7S.347h ©bay S88 9GV-IA76
weawunlepalupportcont
= .
Los G21 site PH.
37}2000-12:20;08Sor Orewo + Paha Paepave+ Ventint sSor pose © Nae Praiisca = Maonenreute amidacrossthe yatan
. SEP-27-2005 TUE 12:16 PM HANCOCK ROTHERT BUNSHOFT — FAX NO, ‘eo 2598 P, 13
7
1 MR, WANGER: We've had an off-the-record
2| discussion among Counsel, and the first point is Counsel
3] have agreed that the defendant's motion to, or possible
4} Motion to Compel further responses to request for
5 production, is there's an extension until September j for
G}| the defendants to bring in any necessary motion if
7] further meel and confer efforts are unsuccessful.
§ The point second point is that defendants intend to
9] file a Motion for Summary of Judgment, and the last day
10] of filing that motion falls after Plaintiff's Ccunsel is
11] unavailable due to being out of the country, and we've
12| agreed that the motion will be filed -- we intend to file
13} on July 20th which falls two days after, and that
14] Plaintiff's Counsel will not object to the filing and
15} service on that date.
16 MR, DeGARMO: That's correct as to both issues.
17 MR. WANGER: Thank you.
18 | (The deposition proceedings were adjourned at 1:55 p.m.)
19
~20
21 MICHAKL GUTA
22
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25
71
Le
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PM . ROTHERT BUNSHOFT = FAX NO. ‘e 2599 P, 14
SEP-27-2005 TUE 12:16
State of California )
City and County of San Francisco )
I, CORAL COREY, hereby certify that the
witness in the foregoing deposition was by me duly
sworn to testify to the truth, the whole cruth 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
10 of the witness' testimony as reported to the best of
il my ability by me, a duly Certified Shorthand
12 Reporter and disinterested person, and was
13 thereafter transcribed under my direction into
14 typewriting by computer; that the witness was given
an opportunity to read, correct and sign the
16 deposition.
17 I further certify that I am not interesLled
18 in the outcome of said action nor connected with nor
19 related to any of the parties in said action nor to
20 their respective counsel.
21 IN WITNESS WHEREOF, I have hereunder
22 subscribed my hand on this 29 y of Sel,
23 2005.
24 od pn re ees ee
U.S. LEGAL SUPPORT -
0527270tf - 912712005
12:20:06
PM
Preview
+ SEP-27-2005 TUE 12:15 PM HANCOCK ROTHERT BUNSHOFT rv. tgs 259 NNN F ALAMEDA COUNTY WILLIAM J. CASEY (SBN 116531) SEP27 2005 ANDREW G. WANGER (SBN 166449) CLERK OF THE SUPERIOR COURT CHRISTINA C. MARSHALL (SBN 209315) r@) a HANCOCK ROTIIERT & BUNSITOFT LLP ~* he Pen athen ifitvm bsv4 Four Embarcadero Center, Suite 300 CERUTY San Francisco, Califomia 94111-4168 ‘Telephone: (415) 981-5550 Facsimile; (415) 955-2599 Attorneys for Defendants MICHAEL GUA, JOHN LE.HILL and LAW OFFICES OF JOUN E. WILL SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ALAMEDA 10 MICLIIAEL SMITH, CASE a NO.: RG 04163436 BY FAX 1 Plaintiff, DECLARATION OF ANDREW G. 12 WANGER JIN SUPPORT OF Vv, OBJECTION TO AND MOTION TO 13 STRIKE PLAINTIFF’S OPPOSITION JOHN &. HILL, MICHAEL GUTA, TO DEFENDANTS’ MOTION FOR 14 LAW OFFICES OF JOHN E. HILL, and SUMMARY JUDGMENT, OR IN THE DOES | through 100, inclusive, ALTERNATIVE, SUMMARY 15 ADJUDICATION Defendants. 16 Date: October 3, 2005 Time: 2:00 p.m. 17 Department; 31 Judge: Hon. Steven A, Brick 18 Action Filed: June 30, 2004 19 Trial Date: November 4,2005 20 I,Andrew G, Wanger, declare: 21 I am an attorney duly licensed to practice in all of the courts of the State of 22 California and am a partner of HANCOCK ROTHERT & BUNSIIOFT LEP, attorneys of record 23 for Defendants MICHAEL GUTA, JOFIN EF.HILL and LAW OFFICES OF JOHN E, HILL 24 (“Defendants”) herein. ‘The following isof my own personal knowledge, and if called as a witness 25 in this matter, [could and would competently testily thereto. 26 1, Attached as [ixhibit A isa (ruc and correct copy of Defendants’ Motion for 27 Summary Judgment Proof of Service dated July 20, 2005. 28 JANGOGK ROTHERT & CS P1909052.237-007-8 184661} | RG 04163436 BUNGHOFT LLP. DECLARATION Ol’ ANDREW G. WANGER IN SUPPORT OF OBJECTION TO ANP MOTION TO STRIKE zak te OPOST! FONT RMBARCADEHG CENICI TEFEN Bers ON TO DEFENDANTS ALTERNATIVE, MOTION SUMMARY FOR SUMMARY ADJUDICATION JUDGMENT, OR IN THE © SEP-27-2005 TUE 12:16 PM eo. ROTHERT BUNSHOFT — FAX NO, ‘eo 2599 P, 06 2. At Michacl Guta’s deposition on July 13, 2005, Tadvised Plaintiffs counsel NH William leGarmo that Defendants would be filing a motion for summary judgment on July 20, Ww 2005, Attached asExhibitB is a truc and correct copy of the pertinent excerpt from the July 13, k. 2005 deposition of Michael Guta, where my discussion with Mr. DeGarmo was recorded. OM 3. Plaintiff did not serve his opposition papers to Defendants’ motion for DH summary judgment until Monday, September 26, 2005, one week aficr the opposition was due. NN Yesterday, Plaintif?’s counsel hand-served the opposition ata deposition in this ease. Plainuffs oF untimely opposition caused substantial prejudice to Defendants by preventing them from oOo 10 preparing a substantive reply to the arguments raised in Plaintiffs late-filed opposition. I ] declare under penalty of perjury under the laws of the State of California that the 12 foregoing is(rue and correct. 13 Executed this 27th day of September, 2005, at San Francisco, California. 4 15 Anddrew Au©. Vi 16 17 18 19 20 21 22 23 24 25 26 27 28 VANCOCK RETIRE & ISEDOC:2237-007-818466,U1 2 RG 04163436 GUNuMOF | (4 FOUR EMbAMCAGENG ©) NUH DECLARATION OF ANDREW G. WANGER IN SUPPORT OF OBJECTION TO AND MOTION TO STRIKE OSH B7 p5 abe oN PINTHFF’S OPPOSITION TO DEFENDANTS' ALTERNATIVE, MOTION SUMMARY FOR SUMMARY ADJUDICATION JUDGMENT, OR IN THE SEP-27-2005 TUE 12:16 PM HANCOCK ROTHERT BUNSHOFT = FAX NO, 's 2599 P, O07 EXHIBIT A 10527270tif - 9127/2005 12:20:06 PM SEP-27-2005 TUE 12:16 PM e. ROTHERT BUNSHOFT FAX NO. ‘eo 2599 P, 08 WILLIAM J. CASEY (SBN 116531) ANDREW G. WANGIR (SBN 166449) Bae 20 CHRISTINA C. MARSHALL (SBN 209315) PH 346 HANCOCK ROTHURT & BUNSHOFT LLP . BA on Vour Lambarcadero Center, Sutie 300 Ling San Francisco, California 9411}-4168 Telephone: (415) 981-3550 Fhe / UNG Facsimile: (415) 955-2599 Attorneys for Defendants MICHALL GOTA, JONN FE. HILT and LAW OFFICES OF JOHN &. HILL SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ALAMEDA MICHAED SMITH, CASL NO.: RG 04163436 - | Plaintiff, PROOF OF SERVICE vy. JOLIN U. WILL, MICIIAEL GUTA, LAW OFFICES OF JONN F, HILL, and DOES 1 through 100, inclusive, 16 Defendant. 17 - ~ 18 AND RELATED CROSS-ACTION. nee 19 20 21 22 23 24 TANCE KOTERT BUNTON & TF LLae {SEDOC:22.47-007-7440042} CV 147233 “CAC CMGAAE ALLO CLNILR, PROOP OF SERVICE Gee YT tf 12:20:06 PM » SEP-27-2005 TUE 12:16 PM e. ROTHERT BUNSHOFT = FAX NO, ‘eo 2599 P, 08 ' PROOF OF SERVICE Smith v. John Bo Hill, Michael Guta, et al. STATE OF CALIFORNIA, COUNTY OF SAN FRANCISCO Tam employed in the county of aforesaid; Tam over the age of eighteen years and nota party tothe within entitled action; my business address 1sFour Embareadcro Center, Suite 300, San Francisco, California 941} 1-4168. wa) 6 On July 20, 2005, Iserved the following document(s) described as 7 DEFENDANTS’? NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT?P, ORIN THE ALTERNATIVE, SUMMARY ADJUDICATION; MEMORANDUM OF POINTS AND AUTHORITIES; SEPARATE STATEMENTS; DECLARATION OF ANDREW G. WANGER MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS’ 10 MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION 11 DECLARATION OF ANDREW G. WANGER IN SUPPORT OF DEFENDANTS’ 12 MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION | 13 SEPARATE STATEMENT TN SUPPORT OF DEFENDANTS’? MOTION FOR 14 SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SOMMARY ADJUDICATION REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION 16 on the interested party(ics) inthis action by placing truc copies thercof enclosed in scaled envelopes and/or packages addressed as follows: Attorneys for Plaintiff Atlorneys for Cross-Defendants Michael Smith Philip J, Duncan, Duncan & Rainwater William DeGarmo, Esq. John IT. Feeney, Esq. McCann & Logue Thomas J,D’Amato 1660 Hamilton Avenue, Suite 203 Murphy, Pearson, Bradicy & Feency San Jose, CA 95125 88 Kearny Strect, 10th Floor Yel: (408) 269-8787 San Francisco, CA 94108 Fax: (408) 269-2321 * Tel: (415) 788-1900 Fax: (415) 393-8087 (BY FACSIMILE AND FEDERAL, EXPRESS) (BY MATT) >} BY MAIL; [am “readily familtar” with the firm’s practice of collection and processing correspondence for mailing. Under that practice itwould be deposited with the U.S. postal service on that same day with postage thercon fully prepaid at San Francisco, California, tn the ordinary course of business. | an aware that on motion of the party served, service ispresumed invalid ifpostal cancellation date or postage meter date ismore than one day afler date of deposit for mailing in 28 affidavit, VANTOCK ROTHEKT DONTE FLL & {SFDOC-2237-007-744004.2] [SEDOC:2044-009-74 1940.4) 2 CV 147233 DUA TMDARCALPRO CCHTEA GAM anole,C&OH PROOF OF SERVICE Oho Ft 9127 0 12:20:06 PH ROTHERT BUNSHOFT = FAX NO, ” 2599 P, 10 SEP-27-2005 TUE 12:16 PM HANCOCK BY FEDERAL EXPRESS; [ served such envelope or package to be delivered on the same day to an authorized courier or driver authorized by Federal Express to receive documents, in an envelope or package designated by Federal Express. bo BY FACSIMILE: [served said document(s) to be transmitted by facsimile al approximately a.m /p.m. pursuant to Rule 2008 of the California Rules of Court. ‘The telephone number of the sending facsimile machine was (415) 955- 2599. The name(s) and facsimile machine telephone number(s) of the person(s) served is listedin the atlached seryice listmarked with a *“*. A transmission repori was properly issued by the sending facsimile machine, and the transmission was reported as complete and without error. STATE: I declare under penalty of perjury under the laws of the Statc of California that the foregoing is truc and correct, Executed on July 20, 2005, at San Francisco, California. 10 1} Cindy Fong = Y V 12 13 14 13_ 16 17 18 28 MENCOCK MOTHILAT & UNC TUL ISENOC:2237-007-7440042} (SEDOC:2044-009-74 190.1] 3 ; CV 147233 DUR EMNAKCADY AO CONT DAMHANGIECA if 0070 PROOF OF SERVICE Tathy any aed 108272704 1/2005 - 92 12:20:06 PH SEP-27-2005 TUE 12:16 PM e. ROTHERT BUNSHOFT = FAX NO, ‘Ss 2599 P, 1 EXHIBIT B 10627270 - $727/2005 12:20:06 PM BUNSHOFT = FAX NO. ‘oe 2599 | P, {2 SEP-27-2005 TUE 12:16 PM HANCOCK ROTHERT pet nee eee a een ec ce ce ne an 1 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA ? TN AND FOR THE COONTY OF ALAMEDA 3 --900--- CERTIFIED 5] MICHAEL SMITH, COPY 6 Plaintift, 7 Va. No. RGO4163436 8 JOHN EL ILL, MICHuAEL GUTA, 3 Law Offices of JOHN B. HIM, 10 and DORKS Ll through 100, inclusive, Ll Defendants. ee be ts neeeen eee / 13 14 15 16 ‘ - 7 DMPOS[TION OF MICHAKL GUTA 18 July 13, 2005 19 20 21 22 13 U.S. LEGAL Support 24 REPORTED BY; ConifiedShorthand Reparters 180Montpomery Street, Suite218d 25 CORAL COREY, CSR NO. 10699 San Frinereo, CA 94104 SSN-S7S.347h ©bay S88 9GV-IA76 weawunlepalupportcont = . Los G21 site PH. 37}2000-12:20;08Sor Orewo + Paha Paepave+ Ventint sSor pose © Nae Praiisca = Maonenreute amidacrossthe yatan . SEP-27-2005 TUE 12:16 PM HANCOCK ROTHERT BUNSHOFT — FAX NO, ‘eo 2598 P, 13 7 1 MR, WANGER: We've had an off-the-record 2| discussion among Counsel, and the first point is Counsel 3] have agreed that the defendant's motion to, or possible 4} Motion to Compel further responses to request for 5 production, is there's an extension until September j for G}| the defendants to bring in any necessary motion if 7] further meel and confer efforts are unsuccessful. § The point second point is that defendants intend to 9] file a Motion for Summary of Judgment, and the last day 10] of filing that motion falls after Plaintiff's Ccunsel is 11] unavailable due to being out of the country, and we've 12| agreed that the motion will be filed -- we intend to file 13} on July 20th which falls two days after, and that 14] Plaintiff's Counsel will not object to the filing and 15} service on that date. 16 MR, DeGARMO: That's correct as to both issues. 17 MR. WANGER: Thank you. 18 | (The deposition proceedings were adjourned at 1:55 p.m.) 19 ~20 21 MICHAKL GUTA 22 23 24 25 71 Le 627270tit - 92712005 12:20-06 PH U.S. LEGAL SUPPORT PM . ROTHERT BUNSHOFT = FAX NO. ‘e 2599 P, 14 SEP-27-2005 TUE 12:16 State of California ) City and County of San Francisco ) I, CORAL COREY, hereby certify that the witness in the foregoing deposition was by me duly sworn to testify to the truth, the whole cruth 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 10 of the witness' testimony as reported to the best of il my ability by me, a duly Certified Shorthand 12 Reporter and disinterested person, and was 13 thereafter transcribed under my direction into 14 typewriting by computer; that the witness was given an opportunity to read, correct and sign the 16 deposition. 17 I further certify that I am not interesLled 18 in the outcome of said action nor connected with nor 19 related to any of the parties in said action nor to 20 their respective counsel. 21 IN WITNESS WHEREOF, I have hereunder 22 subscribed my hand on this 29 y of Sel, 23 2005. 24 od pn re ees ee U.S. LEGAL SUPPORT - 0527270tf - 912712005 12:20:06 PM