Free Declaration in Support - District Court of California - California

Case 4:08-cv-03332-CW

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URENT/1049905/5767812v.1

CHARLES S. CUSTER (SBN: 124270) [email protected] JON C. YONEMITSU (SBN: 199026) [email protected] PAUL A. VACQUIER (SBN: 253740) [email protected] GORDON & REES LLP Embarcadero Center West 275 Battery Street, Suite 2000 San Francisco, CA 94111 Telephone: (415) 986-5900 Facsimile: (415) 986-8054 Attorneys for Defendant UNITED RENTALS, INC. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

JUANNA SANCHEZ (an individual), JUANNA ) SANCHEZ, as guardian ad litem for minor SUSANA) SAMAGUEY, SANDRA SAMAGUEY, JUAN ) JESUS SAMAGUEY, GUILLERMINA ANDREA, ) and THE ESTATE OF JESUS SAMAGUEY, ) ) Plaintiffs ) ) v. ) ) UNITED RENTALS, INC., DEERE AND ) COMPANY and Does 1 through 20, ) ) Defendants ) ) ) ) ) ) ) ) ) I, Jon C. Yonemitsu, hereby declare as follows: 1.

CASE NO. CV 08 3332 EMC Case No. RG 08-371861 (Alameda County Superior Court) AFFIDAVIT OF COUNSEL IN SUPPORT OF MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) Date: September 10, 2008 Time: 10:30 a.m. Judge: Edward M. Chen Courtroom: C, 15th Fl. Accompanying Papers: Notice and Memorandum of Points and Authorities in Support of Motion; [Proposed] Order Complaint Filed On: February 19, 2008

I, Jon C. Yonemitsu, am an attorney at the law firm of Gordon & Rees LLP,

counsel for defendant United Rentals, Inc. ("United Rentals") in the above-captioned matter. I am in good standing to practice law before the United States District Court of the Northern District of California and all courts in the State of California. I have personal knowledge of the -1AFFIDAVIT OF COUNSEL IN SUPPORT OF MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) Case No. CV 08 3332 EMC

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matters contained herein and if so called, I could competently testify to the matters set forth herein. 2. Plaintiff Juanna Sanchez, among other plaintiffs, filed a lawsuit asserting claims

for wrongful death in the Superior Court of California on February 19, 2008. A true and correct copy of the complaint is attached hereto as Exhibit "A." 3. 4. United Rentals was served with the Summons and Complaint on June 11, 2008. Shortly after being served, the undersigned's office left a voice message with

plaintiffs' counsel in an attempt to meet and confer regarding the standing of plaintiff Juanna Sanchez. 5. On June 27, 2008, correspondence was sent to counsel for plaintiffs in an attempt

to further meet and confer with plaintiffs' counsel concerning the standing of plaintiff Juanna Sanchez. A true and correct copy of the June 27, 2008 letter is attached as Exhibit "B." The undersigned has not received a response from plaintiffs' counsel regarding the standing issues raised by the above meet and confer efforts. 6. On July 10, 2008, on behalf of United Rentals, Inc., a timely Notice of Removal

and supporting papers was filed with this Court based on federal diversity jurisdiction. Defendant Deere & Company joined the Notice of Removal. I declare under the penalty of perjury of the laws of the United States and the State of California that the foregoing is true and correct and based on my personal knowledge. Executed on July 17, 2008, at San Francisco, California. GORDON & REES LLP

By:

/s/ JON C. YONEMITSU Attorneys for Defendant UNITED RENTALS, INC.

-2AFFIDAVIT OF COUNSEL IN SUPPORT OF MOTION TO DISMISS PURSUANT TO FEDERAL RULE OF CIVIL PROCEDURE 12(b)(6) Case No. CV 08 3332 EMC

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