Free Declaration in Support - District Court of California - California

Case 3:08-cv-02311-JCS

Document 24

Filed 07/11/2008

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1 KATHLEEN M. LUCAS (Bar No. 80339) THE LUCAS LAW FIRM 2 180 Montgomery Street, Suite 2000 San Francisco, California 94104 3 Tel: (415) 402-0200 Fax: (415)402-0400 4 5 Attorney for Plaintiff PETER SWALLOW 6 7 8 9 10 PETER SWALLOW, 11 12 v. Plaintiff, Case No. C 08-02311 JCS DECLARATION OF KATHLEEN M. LUCAS IN SUPPORT OF PLAINTIFF'S REPLY TO DEFENDANT'S OPPOSITION TO MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT DATE: AUGUST 29, 2008 TIME: 1:30 P.M. JUDGE: HONORABLE JOSEPH C. SPERO UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

13 TOLL BROTHERS, INC.; AND DOES 1-25, INCLUSIVE, 14 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 27 28

I, Kathleen M. Lucas, do hereby declare and state as follows:

1. I am an attorney of record and licensed to practice law in all California federal courts, and I have personal knowledge of the facts stated herein and, if called, am competent to testify to the contents of this Declaration.

2. This Declaration is written in support of Plaintiff's Reply to Defendant's Opposition to Motion for Leave to File First Amended Complaint.

-1Declaration of Kathleen M. Lucas, Case No. C 08-02311 JCS

Case 3:08-cv-02311-JCS

Document 24

Filed 07/11/2008

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1 3. I asked in-house counsel, Tim Hoban, for a tolling agreement when the one year statutes of 2 3 4 5 6 I declare that the foregoing is true and correct under penalty of perjury under the laws of the limitations were imminent for the defamation and slander claims. As of March 31, 2008, he had not agreed to a tolling agreement. Facing the possibility of losing the claims, Mr. Swallow had to file as to those causes of action or, in my opinion, they might be lost.

7 State of California. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2Declaration of Kathleen M. Lucas, Case No. C 08-02311 JCS /S/ KATHLEEN M. LUCAS Attorney for Plaintiff Peter Swallow Executed this 11th day of July, 2008, in San Francisco, CA.