Free Declaration in Support - District Court of California - California

Case 4:07-cv-04980-CW

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A limited liability partnership formed in the State of Delaware

Abraham J. Colman (SBN 146933) Felicia Y. Yu (SBN 193316) Veronica Kuiumdjian (SBN 244825) REED SMITH LLP 355 South Grand Avenue, Suite 2900 Los Angeles, CA 90071-1514 Telephone: 213.457.8000 Facsimile: 213.457.8080 Attorneys for Defendant Capital One Bank (USA), N.A. UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION ) ) Plaintiff, ) ) vs. ) ) TRANS UNION, LLC, EXPERIAN ) INFORMATION SOLUTIONS, INC., ) EQUIFAX INFORMATION SERVICES, ) LLC, and CAPITAL ONE BANK, a ) national association, ) ) Defendants. ) ) ) ) ) ) ) ) ) ) ) ) EMELIA M. PASTERNAK, No.: CV 07 4980 CW LILY J. ZHANG'S DECLARATION IN SUPPORT OF DEFENDANT CAPITAL ONE BANK (USA), N.A.'S MOTION FOR PROTECTIVE ORDER TO PRECLUDE PRODUCTION OF DOCUMENTS BY ALEXANDER TRUEBLOOD AND FOR ORDER QUASHING PLAINTIFF'S SUBPOENA Date: Time: Courtroom: July 24, 2008 2:00 p.m. 2

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Honorable Claudia Wilken [Filed Concurrently with: Motion for Protective Order and Motion to Quash; Declaration of Veronica Kuiumdjian; and Proposed Order]

LILY ZHANG'S DECLARATION IN SUPPORT OF DEFENDANT CAPITAL ONE BANK (USA) N.A.'S MOTION FOR PROTECTIVE ORDER AND FOR ORDER QUASHING PLAINTIFF'S SUBPOENA

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DECLARATION OF LILY J. ZHANG I, Lily J. Zhang, declare: 1. I am an attorney at law licensed to practice before the Courts of the

State of California, and I am an associate at the law firm Reed Smith, LLP, attorneys of record for Defendant Capital One Bank (USA), N.A. ("Capital One") in this matter. I make this declaration on the basis of personal knowledge, and if called as a witness I could and would testify competently thereto under oath. 2. I was one of the attorneys representing Defendant Capital One in

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the lawsuit filed by Alexander Trueblood on behalf of Emanuel Valdez, Jr. in Los Angeles Superior Court, entitled Valdez v. Capital One Bank, et al., with civil case no. BC363338. 3. Attached hereto as Exhibit 1 is a true and correct copy of the

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Stipulation Re Confidentiality and Protective Order entered into by all the parties to the lawsuit entitled Valdez v. Capital One Bank, et al ("Valdez"). 4. Attached hereto as Exhibit 2 is a true and correct copy of a letter

written by me to Alexander Trueblood on April 25, 2008, noting that Capital One depositions are designated as confidential. 5. The Valdez case involved two credit cards opened over the

internet--one admittedly opened by the cardholder and the other opened by the cardholder's girlfriend of 12 years, with whom he has a son, who had been given a power of attorney by the cardholder. 6. Iraq.
-1LILY J. ZHANG'S DECLARATION IN SUPPORT OF DEFENDANT CAPITAL ONE BANK (USA) N.A.'S MOTION FOR PROTECTIVE ORDER AND FOR ORDER QUASHING PLAINTIFF'S SUBPOENA

At issue were charges on the two accounts during three months in

2005, which Valdez claims were made by his ex-girlfriend while he was stationed in

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7.

The charges were not challenged by Valdez for close to a year,

including charges that admittedly involved transfers by courtesy check into Valdez's savings account and payment of other cards held in Valdez' names including one he acknowledged he gave his girlfriend permission to use. 8. Further, it was discovered on the eve of trial and before most of the

depositions were taken in the Valdez action - discovery which lead to significant pretrial rulings against Valdez ­ that several months prior to the date of the allegedly unauthorized activity Valdez had executed a Power Of Attorney which, by its terms, authorized his girlfriend to, among other things, manage and conduct all of Plaintiff's banking, credit and other financial affairs. 9. The Valdez case, after a dramatic decline in the plaintiff's demand,

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settled while the jury panel was brought into the courtroom. 10. Other facts discovered just before trial include: Valdez' girlfriend

of over ten years handled his financial affairs during other military deployments without any written POA, was the mother of his minor son and took care of his other children, resided at a residence leased in both of their names, wrote checks on Valdez' checking account including checks to his former wife for child support, received money regularly from Valdez and remained as a dependent on Valdez' medical insurance. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and this declaration was executed on June 13, 2008 in Los Angeles, California. /s/ Lily J. Zhang Lily J. Zhang, Declarant

-2LILY J. ZHANG'S DECLARATION IN SUPPORT OF DEFENDANT CAPITAL ONE BANK (USA) N.A.'S MOTION FOR PROTECTIVE ORDER AND FOR ORDER QUASHING PLAINTIFF'S SUBPOENA

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PROOF OF SERVICE I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is REED SMITH LLP, 355 South Grand Avenue, Suite 2900, Los Angeles, CA 90071-1514. On June 13, 2008, I served the following document(s) by the method indicated below: LILY J. ZHANG'S DECLARATION IN SUPPORT OF DEFENDANT CAPITAL ONE BANK (USA), N.A.'S MOTION FOR PROTECTIVE ORDER TO PRECLUDE PRODUCTION OF DOCUMENTS BY ALEXANDER TRUEBLOOD AND FOR ORDER QUASHING PLAINTIFF'S SUBPOENA
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On the recipients designated on the Transaction Receipt located on the CM/ECF website. FEDERAL: I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made. I declare under penalty of perjury under the laws of the State of

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California that the above is true and correct. Executed on June 13, 2008 at Los Angeles, California. /s/ Davina Bernal Davina Bernal

-1Proof of Service

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