Free Declaration in Support - District Court of California - California

Case 3:07-cv-04755-JSW

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BIRNBERG & ASSOCIATES
703 MARKET STREET SUITE 600 SAN FRANCISCO CA, 94103 TEL (415) 398-1040 FAX (415) 398-2001

BIRNBERG & ASSOCIATES CORY A. BIRNBERG (SBN 105468) JOSEPH SALAMA, ESQ. (SBN 212225) BIRNBERG & ASSOCIATES 703 Market Street, Suite 600 San Francisco, CA 94103 Telephone: (415) 398-1040 Facsimile: (415) 398-2001 Attorneys for Plaintiffs JOHN GIDDING, PIVOTAL, INC.

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN FRANCISCO DIVISION JOHN GIDDING, PIVOTAL, INC. ) ) Plaintiffs, ) ) v. ) ) DEREK ANDERSON, et al., ) ) Defendants. ) ) ) ) ) __________________________________ ) Case No. C-7-04755-JW DECLARATION OF JOHN GIDDINGS IN OPPOSITION TO MOTION TO .A.S. LES CHAMPS RENIERS AND CHRISTOPHE RAPENEAU FOR LACK OF PERSONAL JURISDICTION Date: May 30, 2008 Time: 9:00 a.m. Place: 2, 17th Floor.

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DECLARATION OF JOHN GIDDING IN OPPOSITION TO MOTION TO DISMISS FOR .A.S. LES CHAMPS RENIERS AND CHRISTOPHE RAPENEAU LACK OF PERSONAL JURISDICTION Case No. C-7-04755-JW -1-

Case 3:07-cv-04755-JSW

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I, John Gidding, declare:

1.

I am an American citizen and a resident of California. I have read Christophe

Rapeneau's ("Christophe") declaration. 2. I have known the Rapeneau family since 1979. I know Christophe his brother,

Jean-Francois Rapereau ("Jean-Francois"); his brother-in-law, Alain Ducellier; his sister Mrs. Ducellier, and his nephew and niece, Nicolas and Alexandra Rapeneau. I may have met Christophe's children when they were younger. I may have met their father and/or

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 exhibit B), 20% from Defendant Ollivier Lemal ("Lemal") (Simon exhibit I), and 1% from 24 25
BIRNBERG & ASSOCIATES
703 MARKET STREET SUITE 600 SAN FRANCISCO CA, 94103 TEL (415) 398-1040 FAX (415) 398-2001

grandfather in one reunion or another. 3. Christophe and Jean Francois Rapeneau control companies that control the

diverse Champagne holdings of the Rapeneau and Ducellier families. Many of these companies sell Champagne and the Unites States is a major Champagne market. One, some, or all of these companies solicit sales in the United States. In my twenty five years in the wine trade, Christophe's agents have solicited business from me. Christophe is the administrative brother, Jean-Francois is the sales brother, and they are two sides of the same coin, one side sells the other administers. 4. In July 2003, SCEV conveyed their stocks of wine to a neighboring firm, SA

Charles de Cazanove ("Cazanove-A") owned by Thierry Lombard (Simon 1 Exhibit C). 5. On July 23, 2003, Christophe used his company, Financier ER, to secretly

acquire 80% of SCEV from Defendant Compagnie des Vins du Levant ("Levant") (SIMON

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References to Simon exhibits are references to the Declaration of Marie-Claude Simon, filed in her motion to Dismiss, currently to be heard on the same day and filed in this same action.
DECLARATION OF JOHN GIDDING IN OPPOSITION TO MOTION TO DISMISS FOR .A.S. LES CHAMPS RENIERS AND CHRISTOPHE RAPENEAU LACK OF PERSONAL JURISDICTION Case No. C-7-04755-JW -2-

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Defendant Serge Hauchart (Simon exhibit K). As such, as the owner of SCEV, RENIERS sold wine and Champange to the United Stats including California. This was made possible by Defendant Marie-Claude Simon ("Simon") (see Gidding Declaration for Simon.) During the six months that Simon refused to return my pleadings SCEV had disappeared. 6. In June 2004, Pivotal received a letter from Thierry Lombard, the owner of

Cazanove-A, saying that his company is no longer named SA Charles de Cazanove, but that it is named Lombard & Cie. Further the letter states that Lombard & Cie. never had a relationship with SCEV, in Chalons-en Champagne, or with the Rapeneau Group in Reims. Attached as Exhibit A is a true and correct copy of Thierry Lombard's letter to Pivotal. Attached as Exhibit B is a true and correct copy of the commercial registration of SA Charles de Cazanove in Reims ("Cazanove-B). Christophe, Jean Francois, and Thierry Lombard are directors 7. Attached as Exhibit C is a true and correct copy of SCEV's minutes, dated

February 5, 2004. These minutes indicate that Christophe and Jean-Francois changed SCEV's name to Charles de Cazanove ("Cazanove-B"). 8. Attached as Exhibit D is a true and correct copy of SCEV's minutes, dated

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BIRNBERG & ASSOCIATES
703 MARKET STREET SUITE 600 SAN FRANCISCO CA, 94103 TEL (415) 398-1040 FAX (415) 398-2001

February 23, 2004. These minutes indicate that Thierry Lombard, the owner of CazanoveA, resigned as a director from Cazanove-B. 9. In September 2004, SCEV, located in Chalons-en-Champage, attached

Defendant PLB Holdings ("PLB") to the plaintiffs complaint, with the proviso that should SCEV have to pay the Plaintiffs, SCEV would pay in their place (FAC Ex. 37).

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DECLARATION OF JOHN GIDDING IN OPPOSITION TO MOTION TO DISMISS FOR .A.S. LES CHAMPS RENIERS AND CHRISTOPHE RAPENEAU LACK OF PERSONAL JURISDICTION Case No. C-7-04755-JW -3-

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10.

In February 2005, Pivotal received a letter from Reims, France, indicating that

SCEV was located in Chalons-en-Champagne, (FAC ex. 45). 11. In March 2006, Pivotal received a letter in California from Chalons-en-

Champagne, France indicating that SA Charles de Cazanove (Cazanove-B") had obtained a default judgment against Pivotal, and that Pivotal must pay $1,000/day for every day they did not sequester $150,000 to the lawyers association of Chalons-en Champagne. 12. Christophe and Jean Francois use of the wires and mails resulted in the final

execution of the scheme to deprive Pivotal and I of the California Judgment. There were two Charles de Caznove's existing side by side, each denying the existence of the other. In confusion of both Caznove's they obtained a judgment and made a demand to pay them. the demand was made in California. 13. Attached as exhibit E is a true and correct Judgment in a matter involving

Serge Hauchart and SCEV. This judgment indicates that there is a Contract between PPSA and SCEV that gives PPSA the control of the United States Market and PPSA is controlled and directed from this District (FAC ex. 13). When Renier purchased SCEV Christophe directed the contacts with California through PPSA.

19 20 21 22 Executed this 21st day of March 2008 at San Francisco, California. 23 24 25
BIRNBERG & ASSOCIATES
703 MARKET STREET SUITE 600 SAN FRANCISCO CA, 94103 TEL (415) 398-1040 FAX (415) 398-2001

I declare under penalty of perjury the foregoing is true and correct under the laws of the United States and pursuant to 28 U.S.C.§ 1746.

__s/s John Gidding____________ John Gidding

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DECLARATION OF JOHN GIDDING IN OPPOSITION TO MOTION TO DISMISS FOR .A.S. LES CHAMPS RENIERS AND CHRISTOPHE RAPENEAU LACK OF PERSONAL JURISDICTION Case No. C-7-04755-JW -4-