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Lesley B. Harris (SBN 124248)
Law Office of Lesley Harris
55 River Street, Suite 100
Santa Cruz, California 95060
Telephone: 831-458-0502
Email: lesleyharrisesq@gmail.com
Attorneys for Defendant, Cross-defendant and Cross-complainant
JEANNE TURNER TABATABAI
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF SANTA CRUZ
NEMAT MALEKSALEHI,
Plaintiff,
ve
SHAHRAM TABATABAI, JEANNE
TURNER TABATABAI, and DOES 1
through 10,
Defendants.
JEANNE TURNER TABATABAI,
Cross-complainant
Vv.
NEMAT MALEKSALEHI, SHAHRAM
TABATABATI, and ROES | — 10,
Cross-defendants.
Case No.: 18CV02004
SUPPLEMENTAL
DECLARATION OF COUNSEL
(HARRIS) IN OPPOSITION TO
DEFENDANT SHAHRAM
TABATABAI’s EX-PARTE
APPLICATION
AND REQUEST FOR HEARING
SCHEDULE
Date: March 17, 2022
Time: 1:00 p.m.
Dept: 10
Before: Hon. Paul Marigonda
Trial Date: April 25, 2022
SUPPLEMENTAL DECLARATION OF COUNSEL (HARRIS) IN OPPOSITION
TO DEF TABATABAI’S EX-PARTE APPLICATION
CASE NO. 18CV02004
PAGELI, Lesley B. Harris, am counsel for Defendant and Cross-complainant Jeanne Turner
stated herein, and
Tabatabai (“Turner”) in this action. [have personal knowledge of the matter:
if called as a witness, I could and would give competent testimony as follows:
I. An ex-parte hearing, which precludes a full response by the opposing side, is not the
appropriate procedure for continuing a trial, particularly at this 11" hour.
i)
Since filing our earlier declaration, Plaintiff's counsel has represented that the settlement
between him and Defendant Tabatabai is final, that the assignment is complete, and the
claims now belong to Tabatabai. That strengthens Defendant Turner’s position that the
claims against her in this action must be dismissed on the grounds that Tabatabai lacks
standing to sue her in a civil action—the pending action in the family court (16FL00655)
is the exclusive forum for resolving claims between spouses (or ex-spouses) that relate to
the distribution of their assets and debts in the family court matter, as is the case here.
Askew v. Askew, (1994) 22 Cal. App. 4" 942. (We note that neither Plaintiff nor
Tabatabai have produced the settlement documents; a signed agreement, release or
assignment, despite our request for same. Turner was served, however, with a copy of
the entered Request for Dismissal dismissing all of Plaintiff's claims against Tabatabai.)
w
Given the assignment of claims to Tabatabai, Turner intends to file a motion to dismiss
the claims against her. That motion would be dispositive of the claims against her, and
would make the trial unnecessary for her.
Turner requests that the Court set a motion/hearing schedule to hear the myriad of
motions that are now filed or will be filed in light of recent developments: 1) Plaintiff's
pending motion to substitute Defendant Tabatabai for Plaintiff in the pleadings, 2)
Defendant Turner’s Motion to Dismiss, 3) Tabatabai’s motion to continue the trial, and 4)
SUPPLEMENTAL DECLARATION OF COUNSEL (HARRIS) IN OPPOSI
TO DEF TABATABAI’S EX-PARTE APPLICATION PAGE 2
CASE NO, 18CV02004tN
kw
any and all other motions Tabatabai has identified that he intends to make, including
motion for good faith settlement determination, motion for leave to amend the complaint
to add new claims, and motion to add defendants.
4. In the event that an ordered and complete hearing schedule requires the trial date to be
continued, Turner is agreeable to a short continuance allowing for outstanding (served)
discovery and expert discovery to be extended based on the new trial date, but which
does not reopen discovery for all purposes.
I declare under penalty of perjury that the above is true and correct. Executed this 17th day
of March, 2022 at Santa Cruz, CA.
Lesley Harris
SUPPLEMENTAL DECLARATION OF COUNSEL (HARRIS) IN OPPOSITION
TO DEF TABATABAI’S EX-PARTE APPLICATION PAGE3
CASE NO. 18CV02004PROOF OF SERVICE
CASE NAME: MALEKSALEHI V. SHAHRAM TABATABAL, et al.
COURT: Superior Court of California, Santa Cruz
CASE NO.: 18CV02004
I, the undersigned, certify that | am employed in the City and County of Santa Cruz,
California; that I am over the age of eighteen years and not a party to the within action; and that my
business address is 55 River Street, Suite 100, Santa Cruz, CA 95060. On this date, I served the
following document(s):
SUPPLEMENTAL DECLARATION OF COUNSEL (HARRIS) IN OPPOSITION TO
DEFENDANT SHAHRAM TABATABAI’S EX-PARTE APPLICATION AND REQUEST
FOR HEARING SCHEDULE
__: By Personal Service — by placing true copies thereof in a sealed envelope and causing each
such envelope to be given to a courier messenger to personally deliver to the office of the addressee.
__: By First-Class Mail — by placing true copies thereof in sealed envelopes addressed as shown
below by the following means of service. I am readily familiar with the firm’s practice for collection
and processing of correspondence for mailing. Under that practice, the correspondence is deposited
with the United States Postal Service on the same day as collected, with first-class postage thereon
fully prepaid, in Santa Cruz, California, for mailing to the office of the addressee following ordinary
business practices, and
X_: By Email: From lesleyharrisesq@gmail.com to the email addresses below, at or about 10:40
a.m. A copy of the email transmission confirmation is attached to the original of this declaration.
Addressee
Counsel for Plaintiff
Eric C. McAllister
Miller, Morton, Caillat & Nevis, LLP
2001 Gateway Place, Suite 220W
San Jose, CA 95110
ecm@millermorton.com
Counsel for Sean Tabatabai
Shahram Tabatabai
Tanzeel Hak
481 N. Santa Cruz Ave., #233
Los Gatos, CA 95030
tanzeel@bythelaw.co
Robert Lindow, In Pro Per
P.O. Box 2107
Aptos, CA 95001
lindowl@gmail.com
I declare under penalty of perjury that the foregoing is true and correct. Executed March 17, 2022 at
Santa Cruz, California.
PROOF OF SERVICE
18C-V02004
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Lesley B. Harris (SBN 124248) Law Office of Lesley Harris 55 River Street, Suite 100 Santa Cruz, California 95060 Telephone: 831-458-0502 Email: lesleyharrisesq@gmail.com Attorneys for Defendant, Cross-defendant and Cross-complainant JEANNE TURNER TABATABAI SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SANTA CRUZ NEMAT MALEKSALEHI, Plaintiff, ve SHAHRAM TABATABAI, JEANNE TURNER TABATABAI, and DOES 1 through 10, Defendants. JEANNE TURNER TABATABAI, Cross-complainant Vv. NEMAT MALEKSALEHI, SHAHRAM TABATABATI, and ROES | — 10, Cross-defendants. Case No.: 18CV02004 SUPPLEMENTAL DECLARATION OF COUNSEL (HARRIS) IN OPPOSITION TO DEFENDANT SHAHRAM TABATABAI’s EX-PARTE APPLICATION AND REQUEST FOR HEARING SCHEDULE Date: March 17, 2022 Time: 1:00 p.m. Dept: 10 Before: Hon. Paul Marigonda Trial Date: April 25, 2022 SUPPLEMENTAL DECLARATION OF COUNSEL (HARRIS) IN OPPOSITION TO DEF TABATABAI’S EX-PARTE APPLICATION CASE NO. 18CV02004 PAGELI, Lesley B. Harris, am counsel for Defendant and Cross-complainant Jeanne Turner stated herein, and Tabatabai (“Turner”) in this action. [have personal knowledge of the matter: if called as a witness, I could and would give competent testimony as follows: I. An ex-parte hearing, which precludes a full response by the opposing side, is not the appropriate procedure for continuing a trial, particularly at this 11" hour. i) Since filing our earlier declaration, Plaintiff's counsel has represented that the settlement between him and Defendant Tabatabai is final, that the assignment is complete, and the claims now belong to Tabatabai. That strengthens Defendant Turner’s position that the claims against her in this action must be dismissed on the grounds that Tabatabai lacks standing to sue her in a civil action—the pending action in the family court (16FL00655) is the exclusive forum for resolving claims between spouses (or ex-spouses) that relate to the distribution of their assets and debts in the family court matter, as is the case here. Askew v. Askew, (1994) 22 Cal. App. 4" 942. (We note that neither Plaintiff nor Tabatabai have produced the settlement documents; a signed agreement, release or assignment, despite our request for same. Turner was served, however, with a copy of the entered Request for Dismissal dismissing all of Plaintiff's claims against Tabatabai.) w Given the assignment of claims to Tabatabai, Turner intends to file a motion to dismiss the claims against her. That motion would be dispositive of the claims against her, and would make the trial unnecessary for her. Turner requests that the Court set a motion/hearing schedule to hear the myriad of motions that are now filed or will be filed in light of recent developments: 1) Plaintiff's pending motion to substitute Defendant Tabatabai for Plaintiff in the pleadings, 2) Defendant Turner’s Motion to Dismiss, 3) Tabatabai’s motion to continue the trial, and 4) SUPPLEMENTAL DECLARATION OF COUNSEL (HARRIS) IN OPPOSI TO DEF TABATABAI’S EX-PARTE APPLICATION PAGE 2 CASE NO, 18CV02004tN kw any and all other motions Tabatabai has identified that he intends to make, including motion for good faith settlement determination, motion for leave to amend the complaint to add new claims, and motion to add defendants. 4. In the event that an ordered and complete hearing schedule requires the trial date to be continued, Turner is agreeable to a short continuance allowing for outstanding (served) discovery and expert discovery to be extended based on the new trial date, but which does not reopen discovery for all purposes. I declare under penalty of perjury that the above is true and correct. Executed this 17th day of March, 2022 at Santa Cruz, CA. Lesley Harris SUPPLEMENTAL DECLARATION OF COUNSEL (HARRIS) IN OPPOSITION TO DEF TABATABAI’S EX-PARTE APPLICATION PAGE3 CASE NO. 18CV02004PROOF OF SERVICE CASE NAME: MALEKSALEHI V. SHAHRAM TABATABAL, et al. COURT: Superior Court of California, Santa Cruz CASE NO.: 18CV02004 I, the undersigned, certify that | am employed in the City and County of Santa Cruz, California; that I am over the age of eighteen years and not a party to the within action; and that my business address is 55 River Street, Suite 100, Santa Cruz, CA 95060. On this date, I served the following document(s): SUPPLEMENTAL DECLARATION OF COUNSEL (HARRIS) IN OPPOSITION TO DEFENDANT SHAHRAM TABATABAI’S EX-PARTE APPLICATION AND REQUEST FOR HEARING SCHEDULE __: By Personal Service — by placing true copies thereof in a sealed envelope and causing each such envelope to be given to a courier messenger to personally deliver to the office of the addressee. __: By First-Class Mail — by placing true copies thereof in sealed envelopes addressed as shown below by the following means of service. I am readily familiar with the firm’s practice for collection and processing of correspondence for mailing. Under that practice, the correspondence is deposited with the United States Postal Service on the same day as collected, with first-class postage thereon fully prepaid, in Santa Cruz, California, for mailing to the office of the addressee following ordinary business practices, and X_: By Email: From lesleyharrisesq@gmail.com to the email addresses below, at or about 10:40 a.m. A copy of the email transmission confirmation is attached to the original of this declaration. Addressee Counsel for Plaintiff Eric C. McAllister Miller, Morton, Caillat & Nevis, LLP 2001 Gateway Place, Suite 220W San Jose, CA 95110 ecm@millermorton.com Counsel for Sean Tabatabai Shahram Tabatabai Tanzeel Hak 481 N. Santa Cruz Ave., #233 Los Gatos, CA 95030 tanzeel@bythelaw.co Robert Lindow, In Pro Per P.O. Box 2107 Aptos, CA 95001 lindowl@gmail.com I declare under penalty of perjury that the foregoing is true and correct. Executed March 17, 2022 at Santa Cruz, California. PROOF OF SERVICE 18C-V02004